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S.M. 2022, c. 19
Bill 23, 4th Session, 42nd Legislature
The Reducing Red Tape and Improving Services Act, 2022
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Explanatory Note This note is a reader's aid and is not part of the law. This Act amends several Acts to reduce or eliminate regulatory requirements or prohibitions, to improve services and to streamline government operations. The Employment Standards Code The Employment Standards Code is amended to allow for documents, including notices and orders, to be served by e-mail. The Executive Government Organization Act The Executive Government Organization Act is amended to provide for the appointment and remuneration of a military liaison. The Manitoba Institute of Trades and Technology Amendment Act Unproclaimed provisions that require the Manitoba Institute of Trades and Technology to obtain the minister's approval before establishing or making significant changes to a program of study or a facility that receives government grants are repealed. The Insurance Act Unless required by a vehicle's contract of insurance, the provisions of The Insurance Act dealing with automobile insurance no longer apply to a vehicle that does not have to be registered, such as a snow plow. Forms of automobile insurance also no longer have to be pre-approved by the Superintendent of Insurance. The Personal Property Security Act The Personal Property Security Act is amended to clarify the type of statement that must be filed to reregister a financing statement; clarify that a clear demonstration of the intention of the parties is needed to create a security interest through a subordination agreement; require that financing statements be filed electronically, subject to certain exceptions; clarify when registrations are invalidated by an error; provide that the regulations may set out the form, content and manner of use of certain demands issued under the Act; extend the time that a secured party has to comply with certain demands from 20 to 30 days; and eliminate the special rule applicable to discharging registrations relating to trust indentures. The Real Property Act The Real Property Act is amended to allow the Registrar-General to make rules of practice specifying circumstances in which accepted status may be given to certain instruments. The type of instrument may be set out in regulation. The Regulatory Accountability Act The Regulatory Accountability Act is amended to remove references to the Regulatory Accountability Committee. The Residential Tenancies Act The Residential Tenancies Act is amended to remove the requirement for the members of an appeal panel to be in the same place for a hearing. It also permits hearings to be held by electronic means. The Statutes and Regulations Act The Statutes and Regulations Act is amended to establish the Statutes and Regulations Review Board, a committee of Cabinet. The Workers Compensation Act The minister no longer has the power to determine which program offered under The Workers Compensation Act is to be reviewed by an independent auditor. Instead, the Board of Directors must determine which program is reviewed. |
TABLE OF CONTENTS
Section
1 The Employment Standards Code
2 The Executive Government Organization Act
3 The Manitoba Institute of Trades and Technology Amendment Act
4 The Insurance Act
5 The Personal Property Security Act
6 The Real Property Act
7 The Regulatory Accountability Act
8 The Residential Tenancies Act
9 The Statutes and Regulations Act
10 The Workers Compensation Act
11 Coming into force
(Assented to June 1, 2022)
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
THE EMPLOYMENT STANDARDS CODE
The Employment Standards Code is amended by this section.
Clause 136(1)(a) is amended
(a) in the part before subclause (i) of the French version, by adding ", selon le cas" after "document"; and
(b) by striking out "or" at the end of subclause (i), adding "or" at the end of subclause (ii) and adding the following after subclause (ii):
(iii) if the individual has provided the sender with an e-mail address for the service of documents under this Code, by being sent to the email address;
Clause 136(1)(b) is amended
(a) in the part before subclause (i) of the French version, by adding ", selon le cas" after "document"; and
(b) by striking out "or" at the end of subclause (ii), adding "or" at the end of subclause (iii) and adding the following after subclause (iii):
(iv) if the corporation has provided the sender an e-mail address for the service of documents under this Code, by being sent to the email address;
Clause 136(1)(c) is amended
(a) in the part before subclause (i) of the French version, by adding ", selon le cas" after "document"; and
(b) by striking out "or" at the end of subclause (i), adding "or" at the end of subclause (ii) and adding the following after subclause (ii):
(iii) if the partnership has provided the sender an e-mail address for the service of documents under this Code, by being sent to the email address.
Subsection 136(2) is amended by striking out "or" at the end of clause (b), adding "or" at the end of clause (c) and adding the following after clause (c):
(d) if service is effected by e-mail, service of it is deemed to occur four days after the date the e-mail was sent, unless
(i) sending the e-mail triggers an automated response indicating that the e-mail is not deliverable, or
(ii) before the e-mail was sent, the person had notified the sender in writing that the e-mail address may no longer be used for the service of documents.
THE EXECUTIVE GOVERNMENT ORGANIZATION ACT
The Executive Government Organization Act is amended by adding the following after section 6.1:
The Lieutenant Governor in Council may appoint a member of the Legislative Assembly as the military liaison.
The military liaison shall be paid an amount equivalent to the indemnity provided for legislative assistants in the regulations made under Part 2 of The Legislative Assembly Act.
Transitional — remuneration in first year
The first person appointed during the 2022-2023 fiscal year as military liaison under subsection 6.2(1) of The Executive Government Organization Act shall be paid remuneration under subsection 6.2(2) of that Act as if they had been appointed to the position on April 1, 2022.
THE MANITOBA INSTITUTE OF TRADES
AND TECHNOLOGY AMENDMENT ACT
S.M. 2017, c. 9 (unproclaimed provisions repealed)
Sections 3 and 4 of The Manitoba Institute of Trades and Technology Amendment Act, S.M. 2017, c. 9, are repealed.
THE INSURANCE ACT
The Insurance Act is amended by this section.
Subsection 232(3) is replaced with the following:
This Part does not apply to a contract providing insurance in respect of an automobile not required to be registered under The Drivers and Vehicles Act if the contract states, as one of its terms, that this Part does not apply to it.
Section 233 and the centred heading before it are repealed.
Subsection 235(1) is amended by striking out "Subject to subsection (6), a" and substituting "A".
Subsections 235(6) to (8) are repealed.
Subsection 237(1) is amended by replacing the part before clause (a) with the following:
Section 260 is amended by striking out "Subject to subsection 233(1), the" and substituting "The".
Section 271 is amended, in the part before clause (a), by striking out "Subject to subsection 233(1), an" and substituting "An".
Subsection 272(2) is amended by striking out "sections 233, 264 and 265" and substituting "sections 264, 265 and 273.1".
The following is added after section 273 as part of Part VII:
APPROVED EXEMPTIONS
Approval of special policy or endorsement
If the superintendent considers it appropriate to do so, the superintendent may approve a form of policy or endorsement in respect of automobile insurance that
(a) does not comply with a provision of this Part; or
(b) omits or varies one or more of the statutory conditions set out in section 237.
Contract based on approved form is valid
A contract evidenced by a form of policy or endorsement approved under subsection (1) is valid according to its terms.
The superintendent may revoke an approval given under subsection (1). The revocation does not affect an existing contract or the renewal of that contract according to its terms.
On request by an insurer, the superintendent must provide written reasons for the decision to revoke an approval.
Part VII of The Insurance Act continues to apply to a contract of automobile insurance for an automobile not required to be registered under The Drivers and Vehicles Act if
(a) the contract was entered into before the coming into force of this section and remains valid when this section comes into force; and
(b) Part VII of The Insurance Act applied to the contract immediately before the coming into force of this section.
Part VII of The Insurance Act continues to apply to a claim under a contract of automobile insurance for a vehicle not required to be insured under The Drivers and Vehicles Act if the loss or damage giving rise to the claim was sustained at a time when Part VII applied to the contract.
THE PERSONAL PROPERTY SECURITY ACT
The Personal Property Security Act is amended by this section.
Section 1 is amended in the definition "financing change statement" by adding "reregister," after "renew,".
Subsection 35(7) of the English version is amended by striking out "secured party registers" and substituting "secured party reregisters".
The following is added after subsection 40(1):
Subordination does not create security interest
An agreement or undertaking to subordinate
(a) the right of a person to performance of all or part of an obligation to the right of another person to the performance of all or part of another obligation of the same debtor; or
(b) all or part of the rights of a secured party pursuant to a security agreement to all or part of the rights of another secured party pursuant to another security agreement with the same debtor;
does not, by virtue of the subordination alone, create a security interest.
The following is added after subsection 43(1):
Except as otherwise prescribed and subject to section 71.9, a financing statement must be submitted for registration electronically in a form and manner that meets the electronic filing requirements of the Registry.
Subsections 43(7) to (10) are replaced with the following:
Effect of error in name of debtor
A registration is invalid if a search of the Registry using the name, as prescribed, of any of the debtors required to be included in the financing statement other than a debtor who does not own or have rights in the collateral does not disclose the registration.
Effect of error in serial number
Subject to subsections (10) and (10.1), a registration is invalid if a search of the Registry by serial number, as prescribed, for collateral that is consumer goods of a kind prescribed as serial numbered goods does not disclose the registration.
Disclosed other than by exact match
A registration disclosed other than as an exact match as a result of a search of the Registry using the name of a debtor or serial number as prescribed does not mean that the registration is, by that fact alone, valid.
In order to establish that a defect, irregularity, omission or error is seriously misleading, it is not necessary to prove that anyone was actually misled by it.
Failure to include description of collateral
Failure to include a description of an item or kind of collateral in a financing statement does not affect the validity of the registration with respect to the description of other collateral included in the financing statement.
Error in description of collateral
An error in a description of an item or kind of collateral described by serial number in a financing statement does not affect the validity of the registration with respect to the description of other collateral included in the financing statement.
Subsection 49(5) is amended by adding ", (10)" after "(8)".
Subsection 49(7) is amended, in the part after clause (e), by adding ", as prescribed," after "written demand".
Subsection 49(8) is amended, in the part after clause (c), by striking out "20 days" and substituting "30 days".
Subsection 49(11) is amended, in the section heading and in the subsection, by striking out "to (8)" and substituting "and (7)".
Subsection 50(3) is amended, in the part after clause (d), by adding ", as prescribed" after "written demand".
In the following provisions, "20 days" is struck out and "30 days" is substituted:
(a) subsection 50(4) in the part after clause (c);
Subsections 50(8) and (9) are repealed.
Subsection 71.9(1) is amended by striking out "subsection 43(1)" and substituting "subsections 43(1) and (1.1)".
The following is added after clause 72(f):
(f.1) prescribing exceptions to the requirement for electronic filing of financing statements;
The following is added after subclause 72(g)(ii):
(ii.1) the form, content and manner of use of demands referred to in sections 49 and 50,
THE REAL PROPERTY ACT
The Real Property Act is amended by this section.
Clause 2(6)(b) is replaced with the following:
(b) the data being entered in the electronic information system and given accepted status
(i) by the district registrar, or
(ii) in respect of a prescribed type of instrument, in the circumstances specified in the rules of practice made under subsection 12(3);
The following is added after subsection 2(6):
Deemed given by district registrar
If accepted status is given under subclause (6)(b)(ii), it is deemed to have been given by the district registrar.
Section 195 is amended by renumbering clause (a) as clause (a.1) and adding the following before clause (a.1):
(a) for the purpose of subclause 2(6)(b)(ii), prescribing the types of instruments that may be given accepted status in the circumstances specified in the rules of practice;
THE REGULATORY ACCOUNTABILITY ACT
The Regulatory Accountability Act is amended by this section.
Section 1 is amended
(a) by repealing the definition "committee"; and
(b) in the definition "secretariat", by striking out "subsection 7(1)" and substituting "subsection 12.1(1)".
Sections 5 and 6 and the centred heading before section 5 are repealed.
Section 7 is renumbered as section 12.1 after the centred heading before section 13 and is amended
(a) in subsection (1), by striking out everything after "responsible minister."; and
(b) in subsection (2), by adding "and" at the end of clause (c), striking out "and" at the end of clause (d) and repealing clause (e).
THE RESIDENTIAL TENANCIES ACT
The Residential Tenancies Act is amended by this section.
Subsection 147(4) is amended
(a) by replacing the section heading with "Participation of all commissioners on panel"; and
(b) by striking out "present at the same location" and substituting "able to participate in person or by telephone or through the use of other electronic means".
Subsection 165(4) is amended by striking out "telephone," and substituting "telephone or through the use of other electronic means,".
Subsection 165(5) of the English version is amended by striking out "with the parties present".
THE STATUTES AND REGULATIONS ACT
The Statutes and Regulations Act is amended by adding the following after Part 6.2:
PART 6.3
STATUTES AND REGULATIONS
REVIEW BOARD
Statutes and Regulations Review Board
The committee of the Executive Council called the "Statutes and Regulations Review Board" is hereby established and consists of the ministers and members of the Legislative Assembly appointed to the committee by the Lieutenant Governor in Council.
At the direction of Executive Council, the board is to oversee and coordinate the proposed legislative and regulatory initiatives of the government and government agencies.
A majority of the board members must be ministers.
Chair and vice-chair designated
The Lieutenant Governor in Council must designate one board member as chair and another as vice-chair. They must be ministers.
The Lieutenant Governor in Council may appoint a secretary to the Statutes and Regulations Review Board to perform the duties and functions that may be assigned to the secretary by the board, and the secretary is to rank as a deputy minister.
THE WORKERS COMPENSATION ACT
Subsection 69(3) of The Workers Compensation Act is amended by striking out "The minister may determine which program is to be reviewed.".
COMING INTO FORCE
Coming into force: royal assent
Subject to subsection (2), this Act comes into force on the day it receives royal assent.
Section 5 comes into force on a day to be fixed by proclamation.