VOL. XLVI No. 76 - 1:30 p.m., TUESDAY, NOVEMBER 5, 1996
Tuesday, November 5, 1996
The House met at 1:30 p.m.
ROUTINE PROCEEDINGS
Mr. Doug Martindale (Burrows): Madam Speaker, I beg to present the petition of Rhonda Chorney, J. Bonnie Caldwell, Otto Schelberger and others requesting that the Legislative Assembly urge the Minister of Family Services (Mrs. Mitchelson) to consider withdrawing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care, that this annual income increases as prices increase and that this new legislation also provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families.
Ms. MaryAnn Mihychuk (St. James): I beg to present the petition of Paul Phillips, Will Seymour, T. MacDonald and others requesting that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.
Mr. Gerard Jennissen (Flin Flon): Madam Speaker, I beg to present the petition of Gordon Warren, John K.T. Almdal and John G. Bays requesting that the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.
Mr. Steve Ashton (Thompson): Madam Speaker, I beg to present the petition of M. MacHutchon, Jim Holt, Walter Domonski and others requesting that the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.
Mr. Eric Robinson (Rupertsland): Madam Speaker, I beg to present the petition of Louise Proven, Keith Proven, Morgan Proven and others requesting that the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.
Mr. Clif Evans (Interlake): Madam Speaker, I beg to present the petition of Ruth Allbutt, Jac P. Siemens, M.B. McGrath requesting that the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.
Mr. Gregory Dewar (Selkirk): Madam Speaker, I beg to present the petition of Robin Gambler, Jean Sutherland, Diane Fidler and others praying that the Legislative Assembly urge the Premier (Mr. Filmon) to halt the proposed nursing deletions at the Selkirk and District General Hospital.
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An Honourable Member: Dispense.
Madam Speaker: Dispense.
THAT in 1976 Canada signed the United Nations Covenant on Economic, Social and Cultural Rights which recognized the right of everyone to make a living by work which is freely chosen, recognized the right of everyone to an adequate standard of living, including adequate food, clothing and housing, recognized the right of everyone to enjoy a high standard of physical and mental health, and provided for the widest possible protection and assistance to the family; and
THAT poor children and adults in Canada continue to die at a higher rate and earlier age than people with adequate incomes; and
THAT Bill 36, The Social Allowances Amendment Act, will create even greater poverty among the poor in Manitoba by eliminating government responsibility to ensure that everyone who lacks adequate food, clothing, housing and health care has these needs met; and
THAT the bill proposes to punish people by cutting them off from social assistance or reducing their benefits if they fail to meet employment expectations; and
WHEREFORE YOUR PETITIONERS HUMBLY PRAY that the Legislative Assembly of Manitoba urge the Minister of Family Services to consider withdrawing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care and that this annual income increases as prices increase and that this new legislation also provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families.
Madam Speaker: I have reviewed the petition of the honourable member for St. James (Ms. Mihychuk). It complies with the rules and practices of the House. Is it the will of the House to have the petition read?
An Honourable Member: Yes.
Madam Speaker: Yes. The Clerk will read.
Mr. Clerk (William Remnant): The petition of the undersigned citizens of the province of Manitoba humbly sheweth:
THAT the Manitoba Telephone System has served this province well for over 80 years providing province-wide service, some of the lowest local rates in North America and thousands of jobs and keeping profits in Manitoba; and
THAT MTS contributes $450 million annually to the Manitoba economy and is a major sponsor of community events throughout the province; and
THAT MTS, with nearly 4,000 employees including more than 1,000 in rural and northern Manitoba, is one of Manitoba's largest firms, headquartered in Manitoba and is committed to Manitoba; and
THAT the provincial government has no mandate to sell MTS and said before and during the 1995 election that MTS was not for sale.
WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.
Ninth Report
Mr. David Newman (Chairperson of the Standing Committee on Law Amendments): Madam Speaker, I beg to present the Ninth Report of the Standing Committee on Law Amendments.
Mr. Clerk (William Remnant): Your Standing Committee on Law Amendments presents the following as its Ninth Report.
An Honourable Member: Dispense.
Madam Speaker: Dispense.
Your committee met on Monday, November 4, 1996, at 9 a.m. in Room 255 of the Legislative Building to consider bills referred.
At that meeting, your committee elected Mr. Laurendeau as its Vice-Chairperson.
Your committee heard representation on bills as follows:
Bill 4--The Manitoba Public Insurance Corporation Amendment Act; Loi modifiant la Loi sur la Société d'assurance publique du Manitoba
Nap Gagnon - Private Citizen
Bill 76--The Gaming Control and Consequential Amendments Act; Loi sur la Commission de régie du jeu et apportant des modifications corrélatives
Doug Chernichan - Manitoba Hotel Association
Sheldon Turbovsky - Winnipeg Bingo and Gaming Magazine
David Brant - Four Winds Founders
Larry Desjardins - Private Citizen
Your committee has considered:
Bill 4--The Manitoba Public Insurance Corporation Amendment Act; Loi modifiant la Loi sur la Société d'assurance publique du Manitoba
Bill 59--The Powers of Attorney and Mental Health Amendment Act; Loi concernant les procurations et modifiant la Loi sur la santé mentale
Bill 61--The Statute Law Amendment Act, 1996; Loi de 1996 modifiant diverses dispositions législatives
and has agreed to report the same without amendment.
Your committee has also considered:
Bill 55--The Financial Administration and Consequential Amendments Act; Loi concernant la gestion des finances publiques et apportant des modifications corrélatives
and has agreed to report the same, with the following amendments:
MOTION:
THAT subsection 6(1) of the Bill be amended by striking out "clause 7(b)" and substituting "clause (2)(b)".
MOTION:
THAT the following be added after clause 44(2)(d):
(d.1) the Chief Electoral Officer;
MOTION:
THAT section 82 be struck out.
MOTION:
THAT the following be added after section 93 of the Bill:
Consequential amendments, C.C.S.M. c. F85
93.1 Subsection 9(1) of The Fiscal Stabilization Fund Act is amended by striking out "four" and substituting "six".
MOTION:
THAT section 99 be struck out.
MOTION:
THAT the following be added after section 108 of the Bill:
Consequential Amendments, C.C.S.M. c. S185
108.1 Subsection 24(1) of The Special Operating Agencies Financing Authority Act is amended by striking out "120 days" and substituting "six months".
MOTION:
THAT section 113 of the Bill be struck out and the following substituted:
Coming into force
113(1) Subject to subsections (2) and (3), this Act comes into force on a day fixed by proclamation.
Coming into force: sections 93.1 and 108.1
113(2) Sections 93.1 and 108.1 are retroactive and are deemed to have come into force on July 31, 1996.
Coming into force: certain consequential amendments
113(3) Subsections 83(1) and (2) and sections 84 to 93, 94 to 98, 100 to 102, 104 to 108, 109 and 110 come into force on the day this Act receives royal assent.
MOTION:
THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.
Your committee has also considered:
Bill 75--The Commodity Futures Act; Loi sur les contrats à terme
and has agreed to report the same with the following amendments:
MOTION:
THAT the definition "margin" in subsection 1(1) be amended in clause (b) by adding "during or at the end of a day by a member of the clearing house" after "must be deposited".
MOTION:
THAT section 18 be amended by adding "futures" after "registered commodity".
MOTION:
THAT subsection 22(1) be amended by adding "registered" after "Each".
MOTION:
THAT section 41 of the English version be amended by striking out "his or her" and substituting "his, her or its".
MOTION:
That subsection 44(3) be amended by striking out "commodity or option" and substituting "contract or option".
MOTION:
THAT subsection 48(1) be amended
(a) by striking out the section heading and substituting "Restrictions on trading in contracts"; and
(b) by striking out "or" at the end of the clause (a), by adding "or" at the end of the clause (b) and by adding the following after clause (b):
(c) using electronic mail.
MOTION:
THAT subsection 69(2) be amended by striking out "or agents" and substituting ", agents or directors".
MOTION:
THAT the proposed section 79 be amended in the French version by adding "de marchandises" after "à terme".
MOTION:
THAT the title be struck out and the following substituted:
CONSEQUENTIAL AMENDMENTS ACT
Bill 76--The Gaming Control and Consequential Amendments Act; Loi sur la Commission de régie du jeu et apportant des modifications corrélatives
and has agreed to report the same with the following amendments:
MOTION:
THAT section 1 of the English version be amended in the definition "Commission" by striking out "The" and substituting "the".
MOTION:
THAT subsection 6(4) be amended
(a) by striking out "licensing"; and
(b) by striking out "licences and".
MOTION:
THAT subsection 9(1) of the English version be amended by striking out "he should see fit"and substituting "the Lieutenant Governor in Council considers appropriate".
MOTION:
THAT subsections 10(4) and (5) be struck out and the following substituted:
Role of Executive Director
10(4) The Commission may exercise its authority under subsection (1) such that the Executive Director shall determine all applications received by the Commission in the first instance.
Directives as to criteria
10(5) The Commission shall establish policy directives as to the eligibility criteria upon which all applications shall be determined.
MOTION:
THAT section 11 be amended by striking out "the determination of the Executive Director" and substituting "a determination".
MOTION:
THAT subsection 14(1) be amended by adding "with" after "the Corporation or".
MOTION:
THAT clause 42(f) be struck out and the following substituted:
(f) require the Executive Director to provide written reasons for any determination of the Executive Director which is under appeal; and
(g) determine the procedures to be used at a hearing.
MOTION:
THAT subsection 45(2) be amended by adding "of Queen's Bench" after "Court".
MOTION:
THAT subsections 52(1), (2) and (3) be struck out and the following substituted:
Offences by the Corporation
52(1) Where a lottery scheme is being conducted and managed by the government through the Corporation, either alone or in conjunction with the government of a province other than Manitoba, the Corporation shall be guilty of an offence where it:
(a) knowingly purchases, acquires or receives tangible personal property or services from a business entity or a body or an association of persons where registration has not issued to that business entity or body or association of persons under this Act;
(b) knowingly employs any individual where registration has not issued to the individual under this Act:
(c) knowingly binds itself to an agreement with a siteholder where registration of said agreement has not issued under this Act;
(d) knowingly operates any slot machine, video lottery terminal or other gaming device where registration of the slot machine, video lottery terminal or other gaming device has not issued under this Act.
Offence to act as supplier
52(2) A business entity or a body or an association of persons shall be guilty of an offence if it acts as a supplier when it is not a registrant under this Act.
Offence to be employed
52(3) An individual shall be guilty of an offence if he or she accepts employment with the Corporation when he or she is not a registrant under this Act.
MOTION:
THAT clause 52(4)(d) of the English version be amended by adding "subsection" before "48(2)".
MOTION:
THAT section 53 be struck out and the following substituted:
Fine in case of offence by Corporation
53(1) If the Corporation is found guilty of an offence under subsection 52(1) it shall be liable to a fine of not more than $250,000.
Fine in case of offence by others
53(2) Every individual, business entity or body or association of persons found guilty of an offence under section 52 shall be liable to a fine of not more than $250,000.
Liability of principals
53(3) Where the Corporation or a business entity or body or association of persons is found guilty of an offence under section 52, every principal of the Corporation or of such business entity or body or association of persons who knowingly authorized, permitted or acquiesced in such offence is also guilty of an offence and liable to a fine of not more than $250,000.
MOTION:
THAT clause 60(q) be amended by striking out "74 and 75" and substituting "73 and 74".
MOTION:
THAT section 66 be amended by striking out "Part 9" and substituting "Part 7".
MOTION:
THAT subsection 75(2) be amended by striking out "34" and substituting "43".
MOTION:
THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.
Mr. Newman: Madam Speaker, I move, seconded by the honourable member for Pembina (Mr. Dyck), that the report of the committee be received.
Motion agreed to.
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Tenth Report
Mr. Newman: Madam Speaker, I would seek leave to present the Tenth and Eleventh Reports of the Standing Committee on Law Amendments.
Madam Speaker: Does the honourable member for Riel have leave to present the Tenth and Eleventh Reports of the Standing Committee on Law Amendments? [agreed]
Mr. Clerk: Your Standing Committee on Law Amendments presents the following as its Tenth Report.
An Honourable Member: Dispense.
Madam Speaker: Dispense.
Your committee met on Monday, October 21, 1996, at 7 p.m.; Wednesday, October 23, 1996, at 7 p.m.; on Friday, October 25, at 10 a.m.; on Wednesday, October 30, 1996, at 6:30 p.m.; Thursday, October 31, 1996, at 6:30 p.m.; Friday, November 1, 1996, at 9 a.m., and Monday, November 4, 1996, at 3 p.m. in Room 255 of the Legislative Building, to consider bills referred.
At the meeting of October 21, 1996, your committee agreed, by motion, on a counted vote of 6 Yeas, 3 Nays, to establish a time limit of 10 minutes for each presentation and five minutes for questions and answers after each presentation.
At the meeting of October 23, 1996, your committee elected Mr. Laurendeau as Vice-Chairperson of the committee.
At the meeting of November 4, 1996, your committee elected Mr. Dyck as Vice-Chairperson of the committee.
Your committee heard representation on bills as follows:
Bill 32--The Council on Post-Secondary Education Act; Loi sur le Conseil de l'enseignement postsecondaire
William Bruneau - Canadian Association of University Teachers
Robin Giles - Brandon University Faculty Association
Erik Blaikie and Norine Barlow - Brandon University Students Union
William R. Eichhorst - Providence College
Lewis Layman - Private Citizen
Dr. Dennis Anderson - Brandon University Senate
Gerard Bashforth - Assiniboine Community College
Trevor Lines and Jason Wiebe - University of Manitoba Students' Union
Edward Lipsett - Manitoba Association for Rights and Liberties
Earle Ferguson, President, and Sylvia Jansen - University of Manitoba Faculty Association
Marsha Hanen - Council of Presidents of Universities in Manitoba
Susan Kushneryk, Darcy Rollins, Cheryl Herda and Michael Crowley - University of Winnipeg Students' Association and Red River Community College Students' Association
Jim Clark - Private Citizen
Claudia Wright - Private Citizen
Alden Turner - University of Winnipeg Faculty Association
Allen Mills - Private Citizen
Shannon Slater - Canadian Federation of Students (Manitoba)
Danny Blair - Private Citizen
Chris Dooley - CHOICES
Mark Golden - Private Citizen
Colin Murray - Private Citizen
Vaclav Linek - Private Citizen
Elliot Levine - Private Citizen
Kemlin Nembhard - Private Citizen
Linwood Delong - Private Citizen
Douglas Arrell - Private Citizen
Ed Byard - University of Winnipeg Senate
Keith-Louise Fulton - Private Citizen
Dr. Richard Noble - Private Citizen
Blake Taylor - Private Citizen
Brent Stearns - Private Citizen
Jim Silver - Private Citizen
Donald Bailey - Private Citizen
William Seymour - Private Citizen
Jennifer Suss - Private Citizen
E.L. Carlyle - Private Citizen
Don Sullivan - Private Citizen
Paul Phillips - Private Citizen
Shannon Slater - Private Citizen
Tim Babcock - Private Citizen
Robert Chernomas - Manitoba Organization of Faculty Associations
Sara Malabar - Manitoba Young New Democrats
Ed Janzen - Private Citizen
Michael Amirault - University of Manitoba Student Action Coalition
Henry Heller - Private Citizen
Peter Laznicka - Private Citizen
Brian Kelcey - Manitoba Taxpayers Association
Jennifer Nembhard - Private Citizen
William Martin - Private Citizen
Mark Gabbert - Private Citizen
Elizabeth Johannson - Private Citizen
Christopher Leo - Private Citizen
Wesley Stevens - Private Citizen
Dr. E.J.E. Szathmáry - Private Citizen
Neil Tudiver - Private Citizen
Caterina Reitano - Private Citizen
Murray Evans - Private Citizen
Rolland Gaudet - Private Citizen
Bruce Daniels - Private Citizen
David Markham - Private Citizen
Tom Booth - Private Citizen
Steven Holborn - Private Citizen
Michael Shaw - Private Citizen
Jim Forrest - Private Citizen
John Whiteley - Private Citizen
William Koolage - Private Citizen
Robert Glendinning - Private Citizen
William Pruitt - Private Citizen
Maggie Ross - Lesbian and Gay and Bisexual Collective, University of Winnipeg
Alistair Cameron - Private Citizen
Joseph Donatelli - Private Citizen
Richard Orlandini - Private Citizen
Written Submissions
Reuben Kaufman - Association of Academic Staff, University of Alberta
John Mallea - Brandon University
Your committee had considered:
Bill 32--The Council on Post-Secondary Education Act; Loi sur le Conseil de l'enseignement postsecondaire
and has agreed to report the same with the following amendments:
MOTION:
THAT section 1 be amended by adding the following definition in alphabetical order:
"student" means a student of a university or college; ("étudiant")
MOTION:
THAT subsection 3(1) be amended
(a) by adding "and accessibility to" after "excellence in"; and
(b) by striking out "avoids unnecessary duplication of effort and expense" and substituting "promotes fiscal responsibility".
MOTION:
THAT subsection 3(2) be amended
(a) by striking out "Subject to the power to regulate programs under section 14, in" and substituting "In"; and
(b) in clause (a), by adding "policies and" before "standards".
MOTION:
THAT section 4 be struck out and the following be substituted:
Relationship to government
4 In carrying out its mandate, the council shall
(a) act as an intermediary between post-secondary institutions and the government; and
(b) operate within a framework of accountability established by the minister, who may give the council general direction on matters that relate to its mandate and that are, in the minister's opinion, of significant public interest.
MOTION:
THAT clause 11(b) be amended by adding "and after consultation with the universities and colleges and with students" after "framework established by the minister".
MOTION:
THAT clause 12(e) be amended by adding "in consultation with the universities and colleges and with students, " at the beginning of the clause.
MOTION:
THAT section 14 be amended
(a) in subsection (1), by striking out the definition "reduce"; and
(b) in subsection (2),
(i) by striking out "new or expanded" in the section heading; and
(ii) by striking out "expand or reduce" and substituting "make significant modifications to, or cease to provide".
MOTION:
THAT the following be added after subsection 21(1):
Consideration of grants in lieu of taxes
21(1.1) Amounts paid under subsection (1) shall take into consideration the obligation of universities and colleges to pay grants under Part 10, Division 7 (grants in lieu of taxes) of The Municipal Act.
MOTION:
THAT the following be added after section 24:
Restrictions on incurring liability
24.1 Notwithstanding any other Act, a university or college shall not incur any liability or make any expenditure in a fiscal year beyond
(a) the unexpended amount of the grants made to it by the council; and
(b) its estimated revenue from other sources to the end of that fiscal year;
unless an estimate of the liability or expenditure has first been submitted to and approved by the council.
MOTION:
THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.
MOTION:
THAT the Preamble be amended
(a) in the first paragraph, by adding "in an atmosphere of open and critical thought" after "knowledge";
(b) in the third paragraph, by striking out "is accessible and effective" and substituting "provides choice and accessibility for students";
(c) in the fifth paragraph,
(i) by adding ", in consultation with universities and colleges," after "coordinate", and
(ii) by adding "that is nationally and internationally competitive" after "province".
Mr. Newman: Madam Speaker, I move, seconded by the honourable member for Pembina (Mr. Dyck), that the reports of the committee be received, that is, the Tenth and the Eleventh reports, the Tenth Report to be received first.
Madam Speaker: It has been moved by the honourable member for Riel (Mr. Newman), seconded by the honourable member for Pembina (Mr. Dyck), that the Tenth Report of the Standing Committee on Law Amendments be received.
Motion agreed to.
Eleventh Report
Mr. Clerk: Your Standing Committee on Law Amendments presents the following as its Eleventh Report.
An Honourable Member: Dispense.
Madam Speaker: Dispense.
Your committee met on Monday, November 4, 1996, at 6:30 p.m. in Room 255 of the Legislative Assembly to consider bills referred.
Your committee heard representation on bills as follows:
Bill 57--The Public Sector Compensation Disclosure Act; Loi sur la divulgation de la rémunération dans le secteur public
Fred Veldink - Private Citizen
Alice Young - Private Citizen
Brian Kelcey - Manitoba Taxpayers Association
Dan Kelly - Canadian Federation of Independent Business (CFIB)
Murray Grafton - St. Boniface Teachers' Association
Ian McIntyre - Manitoba Teachers' Society
Henri Peloquin - Private Citizen
Terry Voss - Human Resources, University of Winnipeg
Sue Loney - Private Citizen
Gail Atkins - Private Citizen
Peter Narth - Manitoba Association of Principals (MAP)
Written Submission
June LaPlume - Manitoba Medical Association
Bill 58--The Parental Responsibility Act; Loi sur la responsabilité parentale
Glynis Hart - Manitoba Association for Rights and Liberties
Marvin Mirochnick - Private Citizen
Jim Clark - Private Citizen
Victoria Lehman - Private Citizen
Norma McCormack - Private Citizen
Rosella Dyck - Coalition of Custodial Parents
Written Submission
Russ Wookey - Private Citizen
Your committee has considered:
Bill 58--The Parental Responsibility Act; Loi sur la responsabilité parentale
and has agreed to report the same, without amendment.
Your committee has also considered:
Bill 57--The Public Sector Compensation Disclosure Act; Loi sur la divulgation de la rémunération dans le secteur public
and has agreed to report the same with the following amendments:
MOTION:
THAT section 2 be amended:
(a) by adding "or calendar year" after "each fiscal year";
(b) by adding "or in the calendar year" after "provides in the fiscal year"; and
(c) by renumbering the section as subsection 2(1) and by adding the following as subsection 2(2):
Consistent reporting required
2(2) A public sector body that discloses the information required under subsection (1) on a calendar year basis shall continue to disclose the information on a calendar year basis.
MOTION:
THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.
Mr. Newman: Madam Speaker, I move, seconded by the honourable member for Pembina (Mr. Dyck), that the report of the committee be received. This would be the Eleventh Report.
Motion agreed to.
Madam Speaker: Prior to Oral Questions, I would like to draw the attention of all honourable members to the public gallery, where we have this afternoon forty Grade 11 students from the Neepawa Area Collegiate under the direction of Mr. Bob Ferguson. This school is located in the constituency of the honourable Minister of Environment (Mr. Cummings).
On behalf of all honourable members, I welcome you this afternoon.