VOL. XLVI No. 76 - 1:30 p.m., TUESDAY, NOVEMBER 5, 1996

Tuesday, November 5, 1996

LEGISLATIVE ASSEMBLY OF MANITOBA

Tuesday, November 5, 1996

The House met at 1:30 p.m.

PRAYERS

ROUTINE PROCEEDINGS

PRESENTING PETITIONS

Guaranteed Annual Income

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.

Manitoba Telephone System

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.

Selkirk and District General Hospital

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.

* (1335)

READING AND RECEIVING PETITIONS

Guaranteed Annual Income

Madam Speaker:
I have reviewed the petition of the honourable member for Burrows (Mr. Martindale). 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: 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.

Manitoba Telephone System

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.

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Law Amendments

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:

THE COMMODITY FUTURES AND

CONSEQUENTIAL AMENDMENTS ACT

Your committee has also considered:

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.

* (1340)

Standing Committee on Law Amendments

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.

Standing Committee on Law Amendments

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.

TABLING OF REPORTS

Hon. Vic Toews (Minister of Labour): Madam Speaker, I am pleased to table the Annual Report, 1995-96, of the Manitoba Labour Board.

Introduction of Guests

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.