Manitoba Hansard — 15 June 2011 (Sitting 63, 39th Legislature, 5th Session)

39-5-63

Manitoba — Debates (Hansard)

Fifth Session - Thirty-Ninth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable George Hickes Speaker Vol. LXIII No. 63 – 1:30 p.m., Wednesday, June 15, 2011 ISSN 0542-5492

MANITOBA LEGISLATIVE ASSEMBLY Thirty-Ninth Legislature Member Constituency Political Affiliation ALLAN, Nancy, Hon. St. Vital N.D.P. ALTEMEYER, Rob Wolseley N.D.P. ASHTON, Steve, Hon. Thompson N.D.P. BJORNSON, Peter, Hon. Gimli N.D.P. BLADY, Sharon Kirkfield Park N.D.P. BLAIKIE, Bill, Hon. Elmwood N.D.P. BOROTSIK, Rick Brandon West P.C. BRAUN, Erna Rossmere N.D.P. BRICK, Marilyn St. Norbert N.D.P. BRIESE, Stuart Ste. Rose P.C. CALDWELL, Drew Brandon East N.D.P. CHOMIAK, Dave, Hon. Kildonan N.D.P. CULLEN, Cliff Turtle Mountain P.C. DERKACH, Leonard Russell P.C. DEWAR, Gregory Selkirk N.D.P.

DRIEDGER, Myrna Charleswood P.C. DYCK, Peter Pembina P.C. EICHLER, Ralph Lakeside P.C. FAURSCHOU, David Portage la Prairie P.C. GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin Steinbach P.C. GRAYDON, Cliff Emerson P.C. HICKES, George, Hon. Point Douglas N.D.P. HOWARD, Jennifer, Hon. Fort Rouge N.D.P. IRVIN-ROSS, Kerri, Hon. Fort Garry N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. JHA, Bidhu Radisson N.D.P. KORZENIOWSKI, Bonnie St. James N.D.P. LEMIEUX, Ron, Hon. La Verendrye N.D.P. MACKINTOSH, Gord, Hon. St. Johns N.D.P. MAGUIRE, Larry Arthur-Virden P.C. MARCELINO, Flor, Hon. Wellington N.D.P.

MARTINDALE, Doug Burrows N.D.P. McFADYEN, Hugh Fort Whyte P.C. McGIFFORD, Diane Lord Roberts N.D.P. MELNICK, Christine, Hon. Riel N.D.P. MITCHELSON, Bonnie River East P.C. NEVAKSHONOFF, Tom Interlake N.D.P. OSWALD, Theresa, Hon. Seine River N.D.P. PEDERSEN, Blaine Carman P.C. REID, Daryl Transcona N.D.P. ROBINSON, Eric, Hon. Rupertsland N.D.P. RONDEAU, Jim, Hon. Assiniboia N.D.P. ROWAT, Leanne Minnedosa P.C. SARAN, Mohinder The Maples N.D.P. SCHULER, Ron Springfield P.C. SELBY, Erin, Hon. Southdale N.D.P. SELINGER, Greg, Hon. St. Boniface N.D.P. STEFANSON, Heather Tuxedo P.C. STRUTHERS, Stan, Hon.

Dauphin-Roblin N.D.P. SWAN, Andrew, Hon. Minto N.D.P. TAILLIEU, Mavis Morris P.C. WHITEHEAD, Frank The Pas N.D.P. WIEBE, Matt Concordia N.D.P. WOWCHUK, Rosann, Hon. Swan River N.D.P. Vacant Inkster Vacant Lac du Bonnet

2887 LEGISLATIVE ASSEMBLY OF MANITOBA Wednesday, June 15, 2011 The House met at 1:30 p.m. Mr. Speaker: O Eternal and Almighty God, from Whom all power and wisdom come, we are assembled here before Thee t o f r a m e s u c h l a w s a s may tend to the welfare and prosperity of our province. Grant, O merciful God, we pray Thee, that we may desire only that which is in accordance with Thy will, that we may seek it with wisdom, know it with certainty and accomplish it perfectly for the glory and honour of Thy name and for the welfare of all our people. Amen. MATTER OF PRIVILEGE Mrs.

Mavis Taillieu (Offi cial Opposition House Leader): Yes, Mr. Speaker, on a matter of privilege. Mr. Speaker, a matter of privilege is a very serious matter. Breach of privilege infringes upon and limits our ability as me mbers of this House and as Her Majesty's official opposition and as elected representative our constituencies to perform our duties and functions. And there are two conditions that must be met to satisfy a prima facie case of privilege. Firstly, the matter must be raised at the earliest opportunity, Mr. Speaker.

This was brought to my attention last evening, so I submit to you this is the first opportunity I've had to raise this in the House. Secondly, is there suffici ent evidence that the privileges of the Hous e have been breached? I submit there is significant and sufficient evidence, and I will outline that to the House. Mr. Speaker, on June 17th, 2010, the NDP passed Bill 39, The Child and Family Services Amendment Act (Children's Advocate Reporting), requiring that the Children's Advocate be called to a Standing Committee on Legislative Affairs within 60 days of tabling her annual report.

The Children's Advocate's 2008-2009 and 2009-2010 annual reports were tabled on April 13th, 2011. As of June 13th, 2011, the NDP have not called the Standing Committee on Legislative Affairs to consider that report. On June 15, 2010, during second reading, the Minister of Family Services (Mr. Mackintosh) said: The bill is designed to enhance reporting and transparency with regard to the activities of the office of the Children's Advocate. This work is very important to Manitobans, as it helps to advocate on behalf of our most vulnerable children and families.

The duties, of course, of these independent officers are designated by the Legislature, so by reporting publicly and having a dialogue with the office of the Children's Advocate, there's an opportunity to– provided to ensure for accountability and to have the perspective of the office heard by the Legislature directly. It's always important that accountability and openness be pursued to get a fuller picture of the types of concerns that are brought to that office, as the office is designated, of course, to hear from youth and families when there are concerns, sometimes very serious in nature. End quote. Mr.

Speaker, this government has deliberately broken its own law. Last year, the Children's Advocate appeared before a committee of the House and described the child welfare system as a system in chaos. Following this, the government brought in legislation requiring the Children's Advocate to come before a committee within 60 days of tabling the annual report, and, as I sa id, the report was tabled on April 13th. No such committee has been called. It's the government's duty to call that committee. They haven't called the committee. They've broken their own legislation.

They've deliberately withheld information of members–they've deliberately withheld information from members of this House by doing so. How are we to know if the situation has improved or worsened in the child welfare system? Perhaps it is a deliberate attempt to withhold information which would cast this government in a bad light in an election year, Mr. Speaker. Why have they refused to call this committee? By not calling the committee within the legislated time, the government has denied the opportunity for the opposition to ask questions in question period.

Beauchesne's citation 24 defines parliamentary privilege as the sum of the peculiar rights of each House collectively, and by members of each House individually, without which they could not discharge their functions. The privileges of parliaments are rights which are absolutely necessary for the due execution of its powers.

2888 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 Marleau and Montpetit, in the House of Commons practice and procedure,

chapter 3, lists the individual privileges of members as, among other things, the freedom from obstruction, interference, intimidation and molestation. Mr. Speaker, this has re sulted in interference and obstruction of our duties. The ability of members to perform their duties and responsibilities is founded on information which is timely and accurate. A deliberate attempt to withhold information impedes these duties.

This impedes our ability to hold the government to account, to be able to question the Children's Advocate and determine the present state of the child welfare system, and then to hold this government to account with questions in question period and to raise the issues to the public. Contrary to statements made by the Minister of Family Services (Mr. Mack intosh), this is not open nor is it accountable or transparent government.

This is a deliberate withholding of information, which not only impacts on our abilities to perform our duties and functions as opposition, but it's withholding information from the public, Mr. Speaker. The child welfare system under this NDP government has been described many times as a system in chaos, as was de scribed by the Children's Advocate last year. This year they refused to call this committee. I'm wondering why they are doing that, Mr. Speaker. What are they hiding? Mr.

Speaker, on April 24th, 2011, I received an email which referenced the desire of the Children's Advocate to also bring the Deputy Children's Advocate to the committee meeting. This email was also sent to the NDP government. Although no dates were stated in it, it should have been a reminder to the government. They were reminded of the necessity to call that committee and still they did not call that committee. This proves that the NDP deliberately withheld information from this Legislature, and they broke their own law in doing so. Therefore, I move, seco nded by the member for River East (Mrs.

Mitchelson), that this House find the government in contempt for breaking their own law by not calling the Children's Advocate before the Standing Committee on Legislative Affairs within the legislated time period, therefore obstructing the opposition from asking questions in question period and deliberately withholding information from the members of this House and the public, Mr. Speaker. * (13:40) Hon. Jennifer Howard (Government House Leader): I regret that this is the first time the Official Opposition House Leader has raised this issue.

We have had a tradition in this House, and her and I have had a very good working relationship, and we've held many committees throughout the session where we will work on dates ahead of time. We will talk about when members from the opposition are available who are interested in the subject matter, when members of the government side are available, when the officials who are being called in available, and set a time that is agreeable to everyone. So I regret– [interjection] Mr. Speaker: Order. Points of orders and matters of privilege are very serious matters.

I will have to make a decision after I hear from the House leaders, so I'm asking the co-operation of members. I need to be able to hear every word that is spoken. Ms. Howard: So I regret that she didn't take advantage of the many, many, many opportunities she's had to talk to me, to meet with me–we talk daily–and let me know that they are interested in this committee. I regret that she's instead chosen to take this opportunity to try to make this into a political issue. I will take responsibility for not having raised it with her.

That's probably what I should've done and told her that we were working to find a date when the Children's Advocate was available. She's not currently available. She's also new to the job. She's recently been hired, and I had thought that we had some agreement that it'd be good to give her some time to work within the office before calling her to committee.

But, that being said, I will take responsibility for not having raised it with the Opposition House Leader sooner, and I want her to know and members of this House to know that, certainly, we have every intention of calling that committee for as soon as possible when the Children's Advocate is available. Hon. Jon Gerrard (River Heights): Mr. Speaker, I rise to speak to this matter of privilege. First of all, I think it's absolutely shocking, the behaviour of the NDP government in this regard. These are the children of our province.

This is a child and family service system which the Children's Advocate had said was in chaos, and we should have

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2889 had this committee meeting in 60 days as required by law. This is totally unacceptable. It is the responsibility, very clearly, of the government to call the committee. It is not the responsibility of the opposition parties, and there is no way that the government can escape that responsibility. I want to say as the House leader for the Liberal Party, I was never approached by the NDP House leader with respect to calling this committee. Shame on the NDP House lead er. Shame on the NDP government.

This is shocking behaviour and very disrespectful of the people, and the children particularly, of this province. I believe that this motion should pass and that it should proceed to be dealt with in an effective way. Thank you, Mr. Speaker. Mr. Speaker: I thank the members for their contribution. I'm going to take this matter under advisement to allow the House leaders, hopefully, to get together and discuss this further and come up with a resolution that will–that should be agreeable to the House.

I'll give that first opportunity first for the House leaders to discuss it, so I'll be taking it under advisement at this moment. ROUTINE PROCEEDINGS PETITIONS PTH 16 and PTH 5 North–Traffic Signals Mr. Stuart Briese (Ste. Rose): I wish to present the following petition to the Legislative Assembly of Manitoba. And these are the reasons for this petition: The junction of PTH 16 and PTH 5 north is an increasingly busy intersection which is used by motorists and pedestrians alike. The Town of Neepawa ha s raised concerns with the Highway Traffic Board about safety levels at this intersection.

The Town of Neepawa has also passed a resolution requesting that Manitoba Infrastructure and Transportation install traffic lights at this intersection in order to increase safety. We petition the Legislative Assembly of Manitoba as follows: To request the Minister of Infrastructure and Transportation to consider making the installation of traffic lights at the intersection of PTH 16 and PTH 5 north a priority project in order to help protect the safety of the motorists and pedestrians who use it. This petition is signed by S. Andrew, C. Flood, A. Bates and many, many other fine Manitobans. Mr.

Speaker: In accordance with our rule 132(6), when petitions are read they are deemed to be received by the House. Auto Theft–Court Order Breaches Mr. Kelvin Goertzen (Steinbach): Good afternoon, Mr. Speaker. I wish to present the following petition to the Legislative Assembly. The background to this petition is as follows: On December 11th, 2009, in Winnipeg, Zdzislaw Andrzejczak was killed when the car that he was driving collided with a stolen vehicle. The death of Mr. Andrzejczak, a husband and a father, along with too many other deaths and injuries involving stolen vehicles, was a preventable tragedy.

Many of those accused in fatalities involving stolen vehicles were previously known to police and identified as chronic and high-risk car thieves who had court orders against them. Chronic car thieves pose a risk to the safety of all Manitobans. We petition the Legislative Assembly as follows: To request the Minister of Justice to consider ensuring that all court orders for car thieves are vigorously monitored and enforced. To request the Minister of Justice to consider ensuring that all breaches of court orders on car thieves are reported to police and vigorously prosecuted. Mr.

Speaker, this petition is signed by F. Kilpatrick, S. Lay, C. Alexander and thousands of other concerned Manitobans. Bipole III–Cost to Manitoba Families Mr. Blaine Pedersen (Carman): Mr. Speaker, I wish to present the following petition to the Legislative Assembly.

2890 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 And the background to this petition is as follows: Manitoba Hydro has been directed by the provincial government to construct its next high voltage direct transmission line, Bipole III, down the west side of Manitoba. This will cost each family of four in Manitoba $11,748 more than an east-side route, which is also shorter and more reliable.

We petition the Legislative Assembly of Manitoba as follows: To urge the provincial government to build the Bipole III transmission line on the shorter and more reliable east side of Lake Winnipeg in order to save each Manitoba family of four $11,748. This petition is signed by G. Lapointe, S. Lapointe, Y. Lapointe and many, many more fine Manitobans. Oak Lake–Flood Protection Measures Mr. Larry Maguire (Arthur-Virden): Mr. Speaker, I wish to present the following petition to the Legislative Assembly.

And the background for this petition is as follows: Already affected by high spring moisture levels in 2011, Oak Lake has also been inundated by record flooding from the Pipestone Creek. Flood protection measures for homes, cottages and the shoreline around Oak Lake had to be reinforced this spring as a result of water being held back. The Oak Lake dike and dam system was breached this spring. We petition the Legislative Assembly as follows: To urge the provincial government to consider reconstructing the entire Oak Lake dam and dike system.

To urge the provincial government to consider a compensation program that supports the costs homeowners at Oak Lake beach have endured due to this spring's flooding. To request the provincial government to consider creating a task force comprised of governmental officials and local persons to examine future flood protection st rategies for the area and how to address them. And, Mr. Speaker, this petition is signed by S. Gray, B. Larkin, P. Larkin and many, many others. COMMITTEE REPORTS Standing Committee on Social and Economic Development Sixth Report Mr. Tom Nevakshonoff (Chairperson): Mr.

Speaker, I wish to present the Sixth Report on the Standing Committee on Social and Economic Development. Madam Clerk (Patricia Chaychuk): Your Standing Committee on Social and Economic Development– Mr. Speaker: Dispense? Some Honourable Members: Dispense. Mr. Speaker: Dispense. Your Standing Committee on SOCIAL AND ECONOMIC DEVELOPMENT presents the following as its Sixth Report.

Meetings Your Committee met on the following occasions: • June 13, 2011 • June 14, 2011 Matters under Consideration • Bill (No. 46) – The Save Lake Winnipeg Act/Loi sur la protection du lac Winnipeg Committee Membership Committee Membership for the June 13, 2011 meeting: • Hon. Mr. B LAIKIE • Hon. Mr. CHOMIAK • Mr. CULLEN • Mr. GRAYDON • Mr. MAGUIRE • Hon. Ms. MELNICK • Mr. NEVAKSHONOFF • Mr. REID • Hon. Mr. RONDEAU • Mr. SCHULER • Hon. Mr. STRUTHERS

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2891 Your Committee elected Mr. REID as the Chairperson at the June 13, 2011 meeting. Your Committee elected Mr. NEVAKSHONOFF as the Vice-Chairperson at the June 13, 2011 meeting. Substitutions received during committee proceedings at the June 13, 2011 meeting: • Mr. WIEBE for Hon. Mr. CHOMIAK Committee Membership for the June 14, 2011 meeting: • Hon. Mr. BLAIKIE • Mr. CULLEN • Mr. GRAYDON • Mr. MAGUIRE • Hon. Ms. MELNICK • Mr. NEVAKSHONOFF • Mr. REID • Mr. SCHULER • Hon. Mr. STRUTHERS • Hon. Ms. WOWCHUK • Mr. WIEBE Your Committee elected Mr.

NEVAKSHONOFF as the Chairperson at the June 14, 2011 meeting. Your Committee elected Mr. REID as the Vice-Chairperson at the June 14, 2011 meeting. Substitutions received during committee proceedings at the June 14, 2011 meeting: • Ms. BRAUN for Mr.

WIEBE Public Presentations Your Committee heard the following 27 presenta- tions on Bill (No. 46) – The Save Lake Winnipeg Act/Loi sur la protection du lac Winnipeg: June 13, 2011 meeting: Doug Chorney, Keystone Agricultural Producers Peter Marykuca, Private Citizen Cam Dahl, Manitoba Beef Producers Weldon Newton, Private Citizen Greg Bruce, Ducks Unlimited Canada Robert T. Kristjanson, Private Citizen Lois Wales, Manitoba Government Employees Union Kristian Stephens, Canadian Fertilizer Institute Allan Kristofferson, Lake Winnipeg Research Consortium Cheryl Kennedy Courcelles, Private Citizen Dr.

Eva Pip, Private Citizen Vicki Burns, Private Citizen Josh Brandon, Green Action Centre Kevin Rebeck, Manitoba Federation of Labour Don Flaton, Professor, Chair of the National Centre for Livestock and the Environment at the University of Manitoba Scott Fielding, City Councillor, City of Winnipeg James Beddome, Leader, Green Party of Manitoba Caitlin McIntyre, Private Citizen Gaile Whelan-Enns, Manitoba Wildlands David Mackay, Private Citizen Greg McIvor, Private Citizen Ross Eadie, Private Citizen June 14, 2011 meeting: Karl Kynoch (by leave), Manitoba Pork Council Bill McDonald, CEO, Winnipeg Humane Society Eugennie Mercredi, Private Citizen Mike Sutherland, Peguis First Nation Morris Swan Shannacappo, Grand Chief, SCO - Southern Chiefs Organization Written Submissions Your Committee received nine written submissions on Bill (No. 46) – The Save Lake Winnipeg Act/Loi sur la protection du lac Winnipeg, from: Donald Cobb, Lake Winnipeg Foundation F.

Phillip Abrary, Ostara Nutrient Recovery Technologies Gail Kreutzer, Private Citizen John Fefchak, Private Citizen Henry David Venema, International Institute for Sustainable Development Karl Kynoch, Manitoba Pork Council Roger Ritsema, Private Citizen Joe Leschychyn, Private Citizen Ruth Pryzner, Private Citizen Bills Considered and Reported • Bill (No. 46) – The Save Lake Winnipeg Act/Loi sur la protection du lac Winnipeg Your Committee agreed to report this Bill without amendment. Mr. Nevakshonoff: Mr. Speaker, I move, seconded by the honourable member for Transcona (Mr.

Reid), that the report of the committee be received. Motion agreed to. Standing Committee on Private Bills First Report Mr. Gregory Dewar (Chairperson): I wish to present the First Report of the Standing Committee on Private Bills.

2892 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 Madam Clerk (Patricia Chaychuk): Your Standing Committee on Private Bills presents the following– Some Honourable Members: Dispense. Mr. Speaker: Dispense. Your Standing Committee on PRIVATE BILLS presents the following as its First Report. Meetings Your Committee met on June 14, 2011. Matters under Consideration • Bill (No. 204) – The Consumer Rights Day Act/Loi sur la journée des Droits du consommateur • Bill (No. 205) – The Regional Health Authorities Amendment Act (Mammography Accredita- tion)/Loi modifiant la

Loi sur les offices régionaux de la santé (homologation des mammographes) • Bill (No. 217) – The Residential Tenancies Amendment Act (Expanded Grounds for Early Termination)/Loi modifiant la

Loi sur la location à usage d'habitation (nouveaux motifs de résiliation par anticipation) • Bill (No. 220) – The Justice for Victims of Child Pornography Act/Loi sur l'indemnisation des victimes de pornographie juvénile • Bill (No. 222) – The Sexual Assault Awareness Month Act/Loi sur le Mois de la sensibilisation aux agressions sexuelles • Bill (No. 300) – The Winnipeg Foundation Amendment Act/Loi modifiant la

Loi sur la fondation dénommée « The Winnipeg Foundation » • Bill (No. 301) – The Providence College and Theological Seminary Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation le « Providence College and Theological Seminary » Committee Membership • Ms. B LADY • Ms. BRAUN • Ms. BRICK • Mr. DEWAR • Mrs. DRIEDGER • Mr. GOERTZEN • Mr. MARTINDALE • Mr. PEDERSEN • Mr. SARAN • Mr. SCHULER • Hon. Mr. SWAN Your Committee elected Mr. D EWAR as the Chairperson. Your Committee elected Mr. S ARAN as the Vice-Chairperson.

Motions Your Committee agreed to the following motions: • That this committee recommends that the fees paid with respect to Bill (No. 300) – The Winnipeg Foundation Amendment Act/Loi modifiant la

Loi sur la fondation dénommée « The Winnipeg Foundation », be refunded, less the cost of printing. • That this committee recommends that the fees paid with respect to Bill (No. 301) – The Providence College and Theological Seminary Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation le « Providence College and Theological Seminary », be refunded, less the cost of printing.

Public Presentations Your Committee heard the following presentation on Bill (No. 204) – The Consumer Rights Day Act/Loi sur la journée des Droits du consommateur: Gloria Desorcy, Consumers Association of Canada - Manitoba Branch Your Committee heard the following presentation on Bill (No. 217) – The Residential Tenancies Amendment Act (Expanded Grounds for Early Termination)/Loi modifiant la

Loi sur la location à usage d'habitation (nouveaux motifs de résiliation par anticipation): Major Heather Collins, Department of National Defence Your Committee heard the following presentation on Bill (No. 301) – The Providence College and Theological Seminary Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation le « Providence College and Theological Seminary »: Gus Kunkel, Providence College & Seminary

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2893 Written Submissions Your Committee received the following written submission on Bill (No. 217) – The Residential Tenancies Amendment Act (Expanded Grounds for Early Termination)/Loi modifiant la

Loi sur la location à usage d'habitation (nouveaux motifs de résiliation par anticipation): Kim Storeshaw, NorWest Co-op Community Health Bills Considered and Reported • Bill (No. 204) – The Consumer Rights Day Act/Loi sur la journée des Droits du consommateur Your Committee agreed to report this Bill without amendment. • Bill (No. 205) – The Regional Health Authorities Amendment Act (Mammography Accredita- tion)/Loi modifiant la

Loi sur les offices régionaux de la santé (homologation des mammographes) Your Committee agreed to report this Bill, with the following amendments: THAT the proposed

section 28.1, as set out in Clause 2 of the Bill, be amended by striking out "must ensure that a mammography unit is not used in its health region unless" and substituting ", health corporation or health care organization must ensure that a mammography unit is not used in any facility owned or operated by the regional health authority, health corporation or health care organization unless". THAT Clause 4 of the Bill be replaced with the following: Coming into force 4 This Act comes into force on March 31, 2012. • Bill (No. 217) – The Residential Tenancies Amendment Act (Expanded Grounds for Early Termination)/Loi modifiant la

Loi sur la location à usage d'habitation (nouveaux motifs de résiliation par anticipation) Your Committee agreed to report this Bill, with the following amendments: THAT Clause 2 of the Bill be amended (

a) by replacing the proposed

section 92.1 with the following:

Interpretation: Canadian Forces member or member of the armed forces of another country 92.1(1) For the purposes of this section, a person is (

a) a Canadian Forces member if he or she is a member of (

i) the regular or a special force of the Canadian Forces, or (ii) the reserve force of the Canadian Forces on or proceeding on full-time training or service or on active service; and (

b) a member of the armed forces of a country other than Canada if he or she is (

i) assigned to military duties with the Canadian Forces, or (ii) attending a training course in Manitoba provided by the Canadian Forces. Termination re Canadian Forces members and members of the armed forces of another country 92.1(2) A tenant of a rental unit may terminate the tenancy by giving notice in accordance with subsection (3) if the tenant is (

a) a Canadian Forces member as described in clause (1)(

a) who is posted to a location that is at least 50 kilometres from the rental unit after the tenancy agreement is entered into; (

b) a member of the armed forces of a country other than Canada as described in clause (1)(

b) who has ceased to be assigned to military duties with the Canadian Forces or whose training course has ended; or (

c) a person who resides with a member described in clauses (

a) or (b), if (

i) the person is the spouse or common-law partner of the member, and (ii) the member is named as an occupant in the tenancy agreement. Notice and certificate from official required 92.1(3) To terminate a tenancy under subsection (2), the tenant must give the landlord (

a) a notice of termination that is not less than the prescribed period of notice; and (

b) a certificate in the form approved by the director from an official with the Canadian Forces confirming that the tenant or the spouse or common-law partner of the tenant, as the case may be, is

2894 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 (

i) a Canadian Forces member as described in clause (1)(

a) who has been posted to a location that is at least 50 kilometres from the tenant's rental unit, or (ii) a member of the armed forces of a country other than Canada as described in clause (1)(

b) who has ceased to be assigned to military duties with the Canadian Forces or whose training course has ended. (

b) in the English version, by replacing the proposed clause 92.7(

a) with the following: (

a) section 92.1 (termination re Canadian Forces members and members of the armed forces of another country); THAT Clause 6 of the Bill be replaced with the following: Coming into force: royal assent 6(1) Subject to subsection (2), this Act comes into force on the day it receives royal assent. Coming into force: proclamation 6(2) The following provisions of The Residential Tenancies Act come into force on a day to be fixed by proclamation: (

a) section 92.1 and clause 92.7(a), as enacted by

section 2 of this Act; (b) clause 194(1)(j.5), as enacted by

section 5 of this Act. • Bill (No. 220) – The Justice for Victims of Child Pornography Act/Loi sur l'indemnisation des victimes de pornographie juvénile Your Committee agreed to report this Bill, with the following amendments: THAT Clause 2 of the Bill be replaced with the following: Application on behalf of victim 2 If a resident of Manitoba was involved in conduct that would constitute a child pornography offence — whether or not he or she has been convicted of the offence — the minister may apply to the court for an order requiring the person to pay damages for injuries and other losses suffered by a child who is depicted in the child pornography in question, whether or not that child has been identified.

THAT the following be added after Clause 5 of the Bill: Limitation of Actions Act 5.1 Despite The Limitation of Actions Act, no limitation period applies with respect to bringing an application under

section 2. THAT Clause 8(2)(

a) of the Bill be amended by striking out "who is" and substituting "who is known or is". • Bill (No. 222) – The Sexual Assault Awareness Month Act/Loi sur le Mois de la sensibilisation aux agressions sexuelles Your Committee agreed to report this Bill without amendment. • Bill (No. 300) – The Winnipeg Foundation Amendment Act/Loi modifiant la

Loi sur la fondation dénommée « The Winnipeg Foundation » Your Committee agreed to report this Bill without amendment. • Bill (No. 301) – The Providence College and Theological Seminary Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation le « Providence College and Theological Seminary » Your Committee agreed to report this Bill without amendment. Mr. Dewar: I move, seconded by the honourable member for The Maples (Mr. Saran), that the report of the committee be received. Motion agreed to. * (13:50) TABLING OF REPORTS Mr. Speaker: I'm pleased to table, in accordance with

section 28(1) of The Auditor General Act, the Report of the Auditor General to the Legislative Assembly on Manitoba's Participation in Canada's Economic Action Plan. Hon. Bill Blaikie (Min ister of Conservation): I'm pleased to present the following reports: the 23rd Annual Report of the Manitoba Hazardous Waste Management Corporation and the Annual Report for 2010-2011 of the Manitoba Clean Environment Commission.

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2895 MINISTERIAL STATEMENTS Flooding and Ice Jams Update Hon. Steve Ashton (Minister responsible for Emergency Measures): Mr. Speaker, I rise to give the House a brief update on the current flood situation. There has been significant rainfall throughout much of western and south-central Manitoba since Sunday. Rains are expected for the rest of the week with approximately 35 millimetres of rain expected in western and central Manitoba over the next 48 hours.

We anticipate another weather system is going to move into Manitoba on the weekend which will bring additional showers. The weather system is volatile and could produce heavy localized rain in a very short period of time. Water levels on the Assiniboine and Souris rivers are going to rise slightly as a result of the current rain in the system. We continue to quickly assess the effects of the rain as it falls and incorporate it into flood forecasts as rapidly as possible.

Departmental staff are cu rrently working hard to ensure the Assiniboine and Portage Diversion dikes are in good shape to take an additional flow of water in the event of major changes in the forecast. Yesterday, the Province provided technical assistance to the Town of Souris that will help them with a plan to shore up their existing diking system. We've also completed emergency repairs on the Wawanesa Dam.

Yesterday, the Canadian Wheat Board indicated that this year will be–could be the second largest loss of cropland across the Prairies in history due to the excessive soil moisture–in fact, the worst in 50 years–with the potential of six to eight million acres going unseeded across the Prairies. I can assure producers throughout Manitoba that we will be watching closely as crop insurance deadlines approach and that we will be there with the support they need. Yesterday, the Premier (Mr.

Selinger) and various ministers met with residents from in and around Lake Manitoba to discuss ways in which the Province could provide additional assistance to address some of the issues they face in this very difficult time. And in closing, I want to tell Manitobans that we understand how stressful the current situation is for those who are dealing with this extraordinary situation and that we will do everything in our power to get people back on their feet as quickly as possible. Mr. Stuart Briese (Ste. Rose): I thank the minister for the latest update.

My colleagues and I continue to receive daily updates from Manitobans about the tremendous impact of flooding and the excess moisture conditions. I spoke to a woman from the Vogar area just prior to question period. She shared with me the efforts being undertaken to try and protect properties in that area. Protective efforts are also continuing in earnest in communities such as Souris, around Dauphin Lake, Ralls Island and along the shores of Lake Manitoba, to name just a few of the impacted areas.

Hundreds of Manitobans are evacuated and we have no idea how many more will be subject to mandatory or voluntary evacuations in the days and weeks ahead. We recognize this is extremely stressful for those affected. We continue to be thankful for all those working so tirelessly to lessen the considerable burden flood victims are shouldering at this time. What happens with the weather in the days and weeks ahead is a wild card. The rain that falls runs off immediately due to saturation, creating added problems in some regions.

We look forward to continued updates on the flooding and efforts being undertaken to help Manitobans cope with it. Thank you, Mr. Speaker. Hon. Jon Gerrard (River Heights): Mr. Speaker, I ask leave to speak to the minister's statement. Mr. Speaker: Does the honourable member have leave? [Agreed] Mr. Gerrard: I thank the minister for his statement. Clearly, we're all–have concern over the continuing wet weather. The situation with the 'unseagered'–seeded acres is certainly a very grave one in terms of the agricultural community, and I would urge the minister to be very clear about announcements.

I know that in '97, for example, I think that there was a greenfeed announcement, and I think that this may be something that could be looked at again, and the minister might look at that in

2896 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 terms of, you know, what could be seeded potentially after the deadline and how that would be treated. I have spoken out frequently about the need where there are properties which have survived the initial onslaught on Lake Manitoba–the same would be true elsewhere on other lakes–to make sure that those are protected.

And, of course, we have a particularly challenging situation where in a number of communities people are not being allowed back in to protect those very properties which have been saved, and I think it needs some provincial leadership working with the municipalities and individuals to make sure that that effort can be made, and I would recommend and urge the minister to look at this issue because I think that it's paramount that whatever can be done, be done, to save properties which didn't get damaged and drowned out in the first wave of terrible onslaught on Lake Manitoba.

I think it's important that we continue to pay attention to the First Nations communities, particularly around Lake St. Martin and Fairford, because they continue to be in difficulty, and the peak crest there is not predicted for some time. Thank you. Kenneth Paul Hon. Eric Robinson (Minister of Aboriginal and Northern Affairs): Yes, Mr. Speaker, I have a statement for the House. Mr. Speaker, the people of Lake Manitoba First Nation, like many other Manitobans, are facing challenges during this year's flood, and it is important during these difficult times to acknowledge moments of uncommon bravery.

It is with great pride that I rise today to acknowledge a humble hero from that community, whose quick thinking and level-headedness during a highway collision protected a bus full of teenage passengers. Mr. Kenneth Paul is in the Chamber with his family today behind me. On May 26th, his actions protected 18 students from being seriously injured while driving them from school in Lundar to their homes on the Lake Manitoba First Nation. Kenny, the members of this Chamber and I are incredibly proud of you. Mr. Speaker, author G.K.

Chesterton said: Brave men have their softness on the surface and their toughness in the middle. And I have spent time with Kenny Paul, and I can tell you he is a brave man and a gentleman. I am proud to be a part of a government that understands the many challenges Manitobans are facing during this flood and proud that we're working with First Nations people to protect their homes and families. Kenny, through your dedication and hard work, you have ensured that La ke Manitoba First Nation students continue to have access to education during these difficult times, and for that we'd like to thank you.

Congratulations on your noble act of courage and best wishes to you and your family. I commend you for your brave actions and for protecting our youth. At this time, I would like to offer my condolences to the loved ones and the occupants in the other vehicle involved in the collision. Carl Pruden, 46, died in the highway crash. The crash also took the lives of Carl's fiancée, Meredith Chaske, age 40, their three-month-old daughter Allison Chaske and his 53-year-old cousin Vivian Traverse Williams. Carl and Meredith were supposed to get married this month.

So, to their loved ones, I would like to borrow the words of Chief Dan George, who once said, May the stars carry your sadness away. May the flowers fill your heart with beauty and may hope forever wipe away your tears. Ekosani, miigwech, th ank you, Mr. Speaker. * (14:00) Mr. Ralph Eichler (Lakeside): Mr. Speaker, I want to thank the minister for his statement. My colleagues and I join him in recognizing Kenneth Paul's act of heroism and bravery. This quick-thinking school bus driver ensured that all of his young passengers arrived home safely.

He truly is an everyday Manitoba hero, someone who woke up in the morning to do his job he does every day, who jumped to the action when danger was imminent. We put the lives of our children in the hands of school bus drivers every day. Manitoba's extreme weather ensures that bus drivers are no strangers to tough conditions, but they take it all in stride as they always make decisions with the safety of our children as their main priority.

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2897 On May the 26th, Kenneth Paul reacted to make sure that the high school students on his school bus escaped this accident unharmed when he was taking them from school in Lundar to their homes in Lake Manitoba First Nation. In fact, RCMP Sergeant Line Karpish said his actions probably saved the lives or very serious injuries to the children that were on that school bus that day. Mr. Paul adeptly slowed this bus towards the shoulder of the highway when he saw the car approaching.

Our deepest condolences go out to the loved ones of the four individuals who did not survive the crash, including a three-month-old baby girl. Our thoughts and prayers also go out to the students who were on Mr. Paul's bus. While they are extremely lucky to have escaped the accident without significant injuries, it is a traumatic experience for anyone to endure. We hope they are coping well and receiving any support they may need to deal with this tragedy. Again, Mr. Speaker, our gratitude goes out to Mr. Paul and we hope he, too, is coping well in the aftermath of this accident. Thank you. Hon.

Jon Gerrard (River Heights): I ask leave to speak to the minister's statement. Mr. Speaker: Does the honourable member have leave? [Agreed] Mr. Gerrard: Mr. Speaker, I want to pay tribute to the incredible effort of Ken Paul in saving the lives and making sure of the well-being of the students that he had in his school bus travelling from Lundar to Lake Manitoba Narrows.

Certainly that part of the highway, along Highway 6, as we all know, is a highway of major concern when it comes to traffic accidents and, indeed, deaths, and it is very sad that there were four people, Carl Pruden, Meredith Chaske, Allison Chaske and Vivian Traverse Williams, who perished, and I certainly extend condolences to the friends and family. It was a sad time but it could've been a lot worse if it wasn't for the efforts of Kenny Paul, so I thank Mr. Paul and recognize your important and incredible achievement. Thank you. Miigwech. Introduction of Guests Mr.

Speaker: Prior to oral questions, I'd like to draw the attention of honourable members to the Speaker's Gallery where we have with us today, we have my son George Hickes Jr. And also in the Speaker's Gallery, we have with us Debbie Chomiak and Jackie O'Brien, who are the wife and mother-in-law of the honourable Minister of Innovation, Energy and Mines (Mr. Chomiak). And also in the Speaker's Gallery, we have with us, we have Binx Remnant, who is the former Clerk of the Legislative Assembly, and Marilyn McLennan. And also in the Speaker's Gallery, we have councillors Elmer Maytwayashing, Gary McLean, D.

Paul and Florence McLean. And in the public gallery, we have with us today, we have Chief Barry Swan from Lake Manitoba First Nation, Mr. Kenneth Paul and his wife Elaine and their sons Justin and Dustin who are the guests of the honourable Minister of Aboriginal and Northern Affairs (Mr. Robinson). And also in the public gallery, we have with us today from the organizing committee of the upcoming River East Collegiate 50th anniversary, we have Theckla Brown, Diane Coulter and Moira Honey, who are the guests of the honourable member for Rossmere (Ms. Braun).

And also in the public gallery, we have from Collège Louis-Riel, we have 70 grade 7 students under the direction of Mr. Robert Daigneault, Mr. Michel Bédard and Marcel Matte. This school is located in the constituency of the honourable First Minister (Mr. Selinger). And also in the public gallery, we have from Morden Collegiate, we have 17 grade 9 students under the direction of Ms. Cheryl Campbell. This school is located in th e constituen cy of the honourable member for Pembina (Mr. Dyck). On behalf of all honourable members, I welcome you all here today.

ORAL QUESTIONS Shellmouth Dam Gate Construction Project Status Mr. Hugh McFadyen (Leader of the Official Opposition): At the outset, I would like to also just acknowledge Kenny Paul and his family. You

2898 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 certainly know, Kenny, that your family and your community at Lake Manitoba First Nation are proud of you, and you should know, as well, that all members of this Chamber and all Manitobans are proud of you for your bravery as well. I'd like to also, Mr. Speaker, thank the members for Rupertsland, River Heights and Lakeside for their gracious comments. Mr. Speaker, as has been alluded to already today, many Manitobans throughout the province are dealing with significant damage, destruction and heartache as a result of the flooding throughout the province.

That includes First Nations, includes farmers. It includes homeowners and property owners around Lake Manitoba, Lake Dauphin and other places. Mr. Speaker, the Premier and the government have been saying since the flood events began that they didn't see the flood coming and that they had no time to prepare. It turns ou t that they had eight years to prepare, and, in fact, we've just been made aware of an agreement that was signed in January of 2003 that the provincial government was going to build gates in the Shellmouth Dam which would protect Manitobans from Assiniboine River flooding downstream.

And I want to ask the Premier why his government, eight years later, has failed to follow through on that commitment. Hon. Greg Selinger (Premier): Let me simply add my voice to the congratulations to Kenny Paul and the Chaske, Williams and Pruden families for their losses and our condolences and to all the members here in the gallery today. And on the question of the Shellmouth Dam, the work has been proceeding on that. There's $2 million allocated to engineering studies. The environmental review is about to proceed.

This is a joint project between the federal and provincial governments which is moving forward to do all the proper reviews necessary. It's a complex project because it has impacts on Saskatchewan and Manitoba, as well as downstream landowners who have concerns that they wish to have addressed before the project proceeds.

But it is in our budget and it is one of the more important projects that we want to do to improve the Assiniboine, because the Shellmouth Dam, this year, was lowered to the lowest level it has ever been reduced to historically, down to about two feet, just enough to keep the fish alive, so that there would be extra capacity with the predicted spring events this year, and that has prevented another 6,000 cubic feet a second from flowing throu gh the Portage la Prairie Diversion. Mr. McFadyen: The Premier has correctly referred to the federal role.

There was–there were two components to the agreement signed in January of 2003: $4 million that the federal government use– would use to acquire land and to compensate landowners, and $4 million that the provincial government would use to build gates on the Shellmouth Dam. Mr. Speaker, the federal government lived up to its side of the agreement. Eight years later, this provincial government has yet to take the steps required to protect Manitobans. Will the Premier acknowledge today, Mr.

Speaker, more than eight years after the agreement was signed, that, in part, the suffering of Manitobans today is because of he–of him and his government's failure to act eight years after the initial agreement? * (14:10) Mr. Selinger: Mr. Speaker, again the member opposite likes to add a note of partisanship to a process where the federal and provincial government agreed to proceed on a project. The first steps in the project included land acquisition. The federal and provincial governments worked on that together. They have commissioned engineering studies.

They ar e aware of the need for environmental licensing both at the federal and provincial level, as well as the possibility of having to have environmental licensing in Saskatchewan. And they are moving ahead on this project, for which $8 million has been set aside. It has played a very important role this year.

All the immediate measures necessary and possible were taken this spring to lower it to the lowest level it's ever been lowered to allow as much water to be retained behind the dam as possible, which had resulted in about five to six thousand cubic feet a second not being put through the Portage Diversion. These measures were taken early. They were taken with a sense of the potential for a very negative flooding this spring, and now we will proceed to permanent improvements to the Shellmouth Dam. Mr. McFadyen: Mr. Speaker, the Premier says that public consultations are upcoming, environmental

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2899 studies are under way. It's now June of 2011, in the midst of a severe flood. Let me just share with the House what his government said. On December the 22nd, 2003, eight years and six months ago, he and his government said, and I quote: "Public consultations are under way regarding environment-related issues and preliminary engineering studies are just beginning." That was what his government said eight years and six months ago. How can he still be spitting the same tired rhetoric now that we're in the middle of a flood? Why not just do the right thing, Mr.

Speaker, and apologize to Manitobans and accept responsibility for the fact that they made a promise and they didn't follow through on it. Mr. Selinger: Not only did the federal and provincial governments make a commitment to proceed with this project, but they moved on it in terms of land acquisition. They moved on it in terms of recognizing that at leas t three jurisdictions had to sign off on it. They heard from people in the downstream communities that they were concerned about this additional capacity causing them problems at certain times of the year, and they are moving ahead on this project.

It will be a big improvement. But, as the project was proceeding to improve the gates, they lowered the Shellmouth Dam to the lowest level it has ever been lowered–down to about two feet, just enough to keep the fish life alive behind the dam–and held extra capacity back this sp ring, which provided very significant protection not only for Brandon, but reduced the flow through the Portage Diversion of up to 6,000 cubic feet a second.

So our officials and the government did everything they could to use the instrument of the Shellmouth Dam to provide maximum protection at a historic level of flooding in the valley this year, a level of flooding that has never been seen before in 350 years in Manitoba. Mr. Speaker: The honourable Leader of the Official Opposition, on a new question. Mr. McFadyen: On a new question, Mr. Speaker.

This morning, Professo r Jay Doering said that the gates have not been built, and I would point out that had the gates been built, they would likely have been the difference between having to make the cut at Hoop and Holler and not having to make the cut. He said had the gates been built, they could have held back about 2,500 cubic feet per second of water running over a span of two weeks. Mr. Speaker, in part, the suffering of Manitobans today is as a result of their failure to follow through on the commitment that was made eight years and six months ago.

And the commitment wasn't just made in January of 2003 when they signed the agreement. It was repeated in December of 2003 when they put out a news release saying exactly what he's saying today. It was repeated again in August of 2010, six years later. They put out a news release issued by this Premier and he said, we're going to put the addition of gates on the Shellmouth Dam spillway.

That was a promise he made six years after the initial announcement, and then he put out another news release and another photo op–No. 21 out of the 23 photo ops that he held this spring–saying, we're going to put gates on the Shellmouth Dam. Why not just acknowledge today, Mr. Speaker, that his words mean nothing? Mr. Selinger: Mr.

Speaker, the commitment to improve the Shellmouth Dam was agreed to by the federal and provincial governments, and the proper steps were taken to proceed to not only acquire the necessary land to do it, not only to do the proper engineering studies, not only to do the proper consultations, but to move forward on that. And the member opposite knows that this government made that commitment to do that, along with the federal government. There's only one group in this Legislature that did not support that project. They voted against it in the budget.

Now they claim that it should've been done when they refused to provide the necessary resources for the project. Against their resistance, we put the money in the budget; we have proceeded on the work, and, as the project was proceeding, we used the existing dam to reduce the amount of moisture in it and water in it to the historic low levels to provide as much protection possible this spring when it was critically needed. Mr. McFadyen: Mr. Speaker, you know, people are getting used to it. This Premier tries to spread the blame to anybody else but himself for the failures of his government.

They've been in power for almost 12 years. They have failed at every step along the way to take action to prepare for the situation we're in now.

2900 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 They signed an agreement in January of 2003. They issued a news release later in 2003. They issued another news release six years later. They issued another news release in May of this year. In fact, they–he just finished saying that public consultations will get under way this fall. The news release from eight-and-a-half years ago says public consultations are under way. That was eight and a half years ago. I wonder when this Premier is going to start to accept responsibility for the total failure of his government to follow through.

Will he stop trying to blame others and will he show some leadership and expect his total failure and accept the fact that he has totally failed to keep a promise he made more than eight years ago? Mr. Selinger: Mr. Speaker, this is just another example how the Leader of the Opposition completely overkills when it comes to relating to the flood this year. The reality is every single year we have been in office, we have made investments in improving flood protection in Manitoba. There have been investments in the floodway. There have been investments in improved diking in Brandon.

There have been investments along the Assiniboine River. There have been investments not only to north of Winnipeg, but throughout the entire province. And that billion dollars of investment over the last decade, the members say that they support those investments now, but the record shows they voted against those investments every single year. And, as early as this spring, they said that there was too much being done to prepare for this spring's flood.

We know that everything that has been done, every asset that has been required, every plan that has been prepared has been totally necessary, and we will continue to work shoulder to shoulder with Manitobans to protect them, while members opposite, after the votes have occurred, now pretend to support all the investments we've made. Mr. McFadyen: Mr. Speaker, you know, the party of Duff Roblin supports governments and budgets that actually follow through on their commitments. We do that today; we will do that going forward. This is a Premier who talks the talk. Twenty-three photo ops, Mr. Speaker, and a flood.

Duff Roblin got it done. They talk about getting it done and they fail. And what–let's look at what has actually happened over the past period of time. When he wanted to, he could dig a hole in the ground at the University of Manitoba without tenders at record speed. When he wanted to, he could stand up and protect ministerial salaries, which was their top priority last session. When he wanted to, they could put through legislation giving their party $250,000 annual grants at the expense of Manitoba taxpayers. The thing they left out of the budget was flood protection for Manitobans.

Will he accept responsibility for that today? Will he apologize and will he acknowledge that he's a failure? * (14:20) Mr. Selinger: The member's sins of omission continue to grow every day. We invested very promptly in improving diking in Brandon. We invested very promptly in building up the dikes along the Assiniboine River. When the members opposite were arguing that this was overkill and unnecessary, we expanded the floodway to one-in-700-year protection in this province at a time when the members opposite voted against it.

And we have made very significant investments in improving flood protection in this province, and we will continue to do that. Both in the short term, both in the long term, we will do that. And the members opposite will perform their usual act of hypocrisy by saying on the one hand we ought to do more and on the other hand voting against all the resources necessary to do it. We will make those investments. We will take responsibility for getting them done, and those investments will continue to make an enormous difference in our capacity to protect Manitobans every single day in this province.

Lake Manitoba Flooding Minister's Remarks Mr. Ralph Eichler (Lakeside): Mr. Speaker, on Tuesday the member from Interlake attended a flood meeting. Global's news covered the meeting including the member's comments in their meeting coverage. The member from Interlake stated publicly in the meeting and I quote: I'm sorry that everyone is

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2901 being inconvenienced, but this Mother Nature has her worst; it could be worse. End of quote. To say the flood victims at the meeting were shocked would be a gross understatement. I'd like to table that

article for the House. Mr. Speaker, I'd like to ask the Minister of Water Stewardship how she feels when her fellow member of caucus is so cold-hearted towards the flood victims here in this province. Hon. Christine Melnic k (Minister of Water Stewardship): Mr. Speaker, members on this side of the House have made very clear we feel compassion and empathy for every Manitoban who is experiencing the difficulties of this spring. We have been on the ground and touring. We have met with Manitobans throughout this province. We have put money on the table to help in future situations.

We have an unprecedented compensation package. All of this means that we are working with each and every Manitoban. We feel very badly for the difficulties that Manitobans have experienced and we will continue to work with them, Mr. Speaker. We understand families and communities are experiencing very grave diffi culties, and we are with them. Mr. Eichler: I'd request that the minister read the

article so she can actually respond to it. Mr. Speaker, when someone loses something that they and their family have worked so hard to obtain, be it their home, their cottage, their business or their farm, and they lose it because of flooding that was caused by this NDP government, it really hurts. It is outstanding–it is astounding that the member for Interlake (Mr. Nevakshonoff) would tell a meeting of the flood victims in Lundar their situation could be worse. How could the member be so callous? I cannot believe anyone can mean that and be so cold-hearted. Apparently, I was wrong.

There is such a person in this House and it's the member from Interlake. Mr. Speaker, I'd like to ask the Premier: Does he condone the insensitive behaviour demonstrated by the member for Interlake when it comes to victims of this devastating flood? This is a very serious issue. Hon. Greg Selinger (Premier): Mr. Speaker, I thank the member for the question.

The member from the Interlake immediately apologized and took full responsibility for the comments and any negative impact they may have had on anybody in that region where he was at the meeting with them, and he did that promptly and he did that thoroughly, and he has put his apology in writing, and I commend him for doing that. I commend him for taking the full responsibility for his comments and the hurtful nature of them and the insensitivity of them to people in the area.

But I also commend him for his tireless work to work with people in that area and to continue to work with them in that area and to do everything possible to help people deal with this very stressful situation. I know he will continue to labour day and night seven days a week with the people in the area. so I commend him on his acceptance of responsibility and his further work to support the people in that area. Mr. Eichler: Mr. Speaker, when I was growing up, I was taught that if someone had suffered a loss, we should show some compassion.

The flood victims in Lundar yesterday didn't think they were getting compassionate hearing from the member from Interlake, who has apparently passed things off as the Premier's right-hand man. We know that when flood victims and support to others have been so important–their memories, their livelihoods–they should be treated with respect and that should be carried by all members of this House. Mr. Speaker, I'd like to ask the First Minister: Will he go back to these people in Lundar and apologize to them on this member's behalf, and will the member for Interlake (Mr.

Nevakshonoff) stand up in this House today and apologize to every member of this House for those callous remarks? Mr. Selinger: Mr. Speaker, I did have the opportunity to meet with the emergency operations committee and the councillors for the Rural Municipality of Coldwell yesterday. They have done a tremendous job. They know that we a hundred per cent support them. The member for the Interlake has put his apologies in writing to Reeve Sigfusson and the council of Coldwell. We completely support the member's apologies. I, myself, believe that he has done the right thing and I commend him for doing that.

And I think it also is important to recognize that the member for the Interlake has worked tirelessly with all the affected citizens in that area to do everything possible to protect themselves from this

2902 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 damage, and he will continue to do that, and he will continue to do that in a respectful action. He will ensure that his actions show the ultimate respect for the people in that area by continuing to work tirelessly with them. He has done a good job, and when he has made an error, he has accepted fu ll responsibility for that, and I commend him on accepting that responsibility and correcting it as soon as possible. Shellmouth Dam Capacity Level Utilization Mr. Leonard Derkach (Russell): Mr.

Speaker, the mismanagement of this government of the Shellmouth Dam and the Assiniboine water basin has left many people under hardship in and around the Shellmouth, below the Shellmouth and right through the province along the Assiniboine and into Lake Manitoba. Last year, Water Stewardship ran the Shellmouth Dam over the spillway for the entire summer. This year the water flows being much higher, the water flows at the dam now, Mr. Speaker, are still continuing to be increased over the inflows.

The Assiniboine River is significantly lower this week than it was a week ago, yet the Portage Diversion continues to run at maximum capacity, pouring massive amounts of water into Lake Manitoba, artificially flooding landowners, homeowners, First Nations people, farmers and ranchers. I want to ask the Minister of Water Stewardship if he–if she can explain why homeowners, ranchers, First Nations people around Lake Manitoba are being forced to suffer in view of the fact that there is existing unused capacity at the Shellmouth Dam and in the Assiniboine River. Hon.

Christine Melnic k (Minister of Water Stewardship): Mr. Speaker, we have worked with the people around the Shellmouth area, both upstream and downstream. We were the first government to ever compensate the Assiniboine Valley producers. We brought in the Shellmouth act, Mr. Speaker. They were part of that as we worked through the act, and the member from Russell was in committee when we reviewed that, and he agreed with the act as well. We have also drawn Shellmouth down to lower levels. First of all, we have the Leader of the Opposition (Mr.

McFadyen) saying don't care about people downstream or upstream; just go ahead with a massive project. Then we have the member of Russell getting up and saying that no work has been done in the area with the local community. We're looking at all people from the border of Saskatchewan out into Lake Winnipeg, as well as north of the 49th parallel, Mr. Speaker. We're working with and for all Manitobans. We don't cherry-pick one issue today and try to pit one group of people against each other the next. Mr. Derkach: Mr.

Speaker, I'm going to ask the minister to listen to the question and perhaps then she can respond to the question. Mr. Speaker, capacity at the Shellmouth Dam is being underutilized. The dam–the water in the dam is far below the spillway. Water can be retained behind the Shellmouth Dam in order to help the people along Lake Manitoba who are suffering because of the enormous amount of water going down the Diversion. Mr.

Speaker, I want to ask the minister why she and her department are not imposing that there be use of the capacity at Shellmouth Dam to alleviate the flooding that the people along Lake Manitoba are suffering as a result of the artificial mismanagement of the Shellmouth Dam. * (14:30) Ms. Melnick: Mr. Speaker, I'm going to ask the member from Russell, as well as his colleagues, to listen to the answer. There are upstream concerns; there are downstream concerns.

We have been utilizing the Shellmouth Dam to hold back water so that there is not a tremendous overflow along the Assiniboine River past Holland where the Souris River empties into the Assiniboine River and causes a big inflow. We have been working to manipulate the levels of the Shellmouth Dam, and it is not far below, Mr. Speaker. It was naturally overtopping as late as last week. It is maybe a foot below. We know we've had major rain in south–six inch–we have had major rainfall in the southwest Manitoba area even over these last few days. There's another rain coming, and it can be a major rainfall.

We are, again, trying to balance from Saskatchewan to Lake Winnipeg. We have a broad

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2903 perspective here. We know there is a lot of water to manage, and we are managing it with every piece of equipment that we can. Mr. Derkach: Mr. Speaker, the mismanagement of the Assiniboine watershed by this government and this minister has caused agony and suffering for many Manitobans, especially around Lake Manitoba. The inappropriate actions, Mr. Speaker, and the photo ops by this Premier have done nothing to help Manitobans who are facing hardship and, in some cases, financial ruin.

Last fall, I raised a number of questions regarding lowering some of the lakes in western Manitoba. All of this fell on deaf ears. The Premier owes Manitobans a huge apology and has a responsibility to deal with his Minister of Water Stewardship (Ms. Melnick). Will he do the honourable thing, publicly apologize to Manitobans, especially those who have paid an enormous price for the mismanagement of his Minister of Water Stewardship and his government. Hon. Greg Selinger (Premier): The member likes to be an armchair quarterback and believes, like the Leader of the Opposition (Mr.

McFadyen), they know better than everybody else about how things should be done when they don't have any responsibility to do anything. The reality is the Minister of Water Stewardship gave a very clear answer. She gave a very clear answer, that the Shellmouth Dam was operated to minimize impacts both upstream and downstream and that, also, there were very serious weather forecasts in the Souris Va lley area which are adding a lot of additional moisture into the Assiniboine River, which–a portion of which was being diverted through the Portage Diversion.

The entire area is seeing moisture at a one-in-350-year level, and all the assets we have in the area, from the Shellmouth Dam to the dikes to the Diversion, are all being operated to minimize damage as much as possible for as many people as possible, for as much property as possible. That is how the system is being operated. And if the member thinks he knows better, let him stand up and explain what he would do differently. Assiniboine River Flooding Compensation Information for Residents Mr. Stuart Briese (Ste. Rose): Mr.

Speaker, on May 24th the government announced that residents of the Hoop and Holler dike breach area would be compensated 100 per cent for any damage to their properties. The 100 per cent was to cover any flooding damages, any mitigation work, any reparations and any lost income. People like Russ Damskov and Shea Doherty are now finding out that what the government said and what they actually mean are two different things. They are now being told ther e are restrictions in the compensation packages that mean 100 per cent of costs won't be covered. Mr.

Speaker, will the minister clear up this controversy today: Tell the people in the Hoop and Holler area whether they are to receive 100 per cent compensation or not. Hon. Stan Struthers (Min ister of Agriculture, Food and Rural Initiatives): Yes, they will, Mr. Speaker, just as we said on May 24th when we brought the compensation package forward. They're not–[interjection] It doesn't sound like they're very interested, does it, Mr. Speaker? They asked a question. I gave a straightforward answer. The answer is yes. We said 100 per cent and we're following through on that. Mr.

Speaker, not only are we not–not only are we following through with that, but in the case of one of the people that the member brought forward just now, we made a cash advance to that person on the basis that we are working towards meeting all the needs of Mr. Doherty in this case. We said we're going to have a swift and fair and comprehensive package and that's exactly what we're doing. Mr. Briese: Mr. Speaker, we have the NDP saying 100 per cent compensation for those affected. We have the compensation packages saying there are restrictions to that compensation.

We then have the Premier saying the government will pay a lot more than minimum wages when it is warranted. We have government officials telling people everything will be taken care of. We have the Minister of Agriculture saying the government wants to be fair to everyone.

2904 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 We are getting multiple stories from this NDP government. Which story should Manitobans believe? Are any of the compensation packages worth the paper they're written on? Mr. Struthers: Mr. Speaker, they're worth a lot more than what the member for Ste. Rose is admitting to today. First of all, the exact examples that he brought forward–I want him to understand what an advance is. An advance is money that is swiftly put out to people who do need the money quickly.

We will work with those same people to make sure that we provide the money from the amount of the advance right through to the amount of money that those folks qualify for through this program. We got the terms and conditions out very quickly because people wanted to know what this program was about. So we did that. Now I can tell the members opposite that our officials have been working face to face with people like Mr. Doherty to make sure he maximizes his compensation package because, Mr. Speaker, these are people who are up against the wall and we want to help them. Mr. Briese: Mr.

Speaker, yesterday, I raised the plight of Darrel and Dee Dee Armstrong. They rent their pasture land to other producers. They were told they are not eligible for compensation on that pasture land that has now been flooded by Lake Manitoba. The Minister of Agriculture said yesterday they can appeal, which simply lengthens the process and creates more stress for alr eady stressed-out residents of Manitoba who believed the NDP when they said they would compensate them. Compensation programs need to be clear, they need to be understandable and they need to be user-friendly.

When loop holes and cracks in programs are found out, they need quick remediation. Mr. Speaker, why is this happening? Why are we getting more and more reports of failures and inconsistencies with the compensation packages? Mr. Struthers: Well, Mr. Speaker, we've been very clear. As we move through in implementing the compensation package program, we have been clear that we will make adjustments as we go along if we find there are gaps in the programming that we've put forward.

We came forward very quickly with the terms and conditions, very clearly, very quickly for people so that they knew what they could expect when these programs come out, and the Premier (Mr. Selinger) and I and others on this side of the House have been very clear; if there are improvements that we could make to these packages, we'r e open to doing that, Mr. Speaker, and that's why we put in place a commissioner yesterday who can take a look at these programs and give us advice in terms of how to make them better, because we want them to work for the people of Manitoba.

Agriculture Industry Flooding Financial Compensation Information Mr. Cliff Graydon (Emerson): Mr. Speaker, it would appear that they're making policy on the fly and it's not working very well. Mr. Speaker, the flooding and excess moisture is taking a heavy toll on the livestock and grain producers around Manitoba. The area around Lake Manitoba and the Shoal lakes has been especially hard hit by this government's misguided water management plan. The warning signs were there. The NDP government didn't heed the red flags raised by the Lakeside MLA Harry Enns in 2001 about the Shoal lakes.

It didn't act on the 2003 study on Lake Manitoba and it didn't listen to the constant voices of producers around the lake that disaster was imminent. Thousands of cattle have had to be evacuated. Producers are concerned their pasture and hayland will be out of production for one, two years, and longer. Mr. Speaker, can the minister outline his government's long-term strategy for producers around the lake whose operations could be out of production for one or two or three, or even longer, years? Thank you. Hon. Stan Struthers (Min ister of Agriculture, Food and Rural Initiatives): Well, Mr.

Speaker, the member for Emerson could go ahead and pretend like he can predict water levels, pretend like he can predict the weather. He can pretend all that stuff, but we're going to stick with what reality is, and that is that there are producers in this province who do face some pretty enormous odds when it comes to the amount of water that is invading their farms, invading their farm sites, invading their houses.

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2905 We know that. We understand that, Mr. Speaker. That's why we put together a compensation package that is comprehensive, that is fair, that is swift and, I may say, multi-year, because part of it is about recovery. Part of the program that we announced is about helping farmers over the next number of years bounce back and be productive and contribute–so valuable to the economy of this province–like they have for generations. * (14:40) Mr. Graydon: Mr.

Speaker, it's clear that the NDP have paid no attention to the predictions that they made themselves in 2001 and 2003. Mr. Speaker, the ranchers and cattle producers around the lakes have had extraordinary expenses because of this NDP government's inability to properly forecast the lake levels and to prepare accordingly. Producers moved their cattle to higher ground in other parts of Manitoba. Unfortunately, in some cases that land is now flooded also, and producers have had to move their cattle again. Suitable pasture is becoming a rare commodity. Mr.

Speaker, can the Minister of Agriculture explain whether the hundred-dollar maximum payment for a cow-calf pair is expected to cover all costs associated with maintaining that pair, specifically any feed costs already incurred, the cost of pasture rental, the cost of moving the animals to new pastures and again moving them to another pasture. Mr. Struthers: That's exactly why we've been in contact with the Manitoba Beef Producers and have worked well with Major Jay Fox and his staff and his council.

That's why we've been working through our department directly with producers all around Lake Manitoba and elsewhere in the province. That's why we worked together with the Minister of Conservation (Mr. Blaikie) to put an emergency measure in place where we can use agriculture Crown land, land that's higher and dryer, so that we can move cattle, or we can get feed and move the feed to the cattle so that they can be fed. Mr. Speaker, we've been clear that we're not going to leave any possibility unturned to help Manitoba producers, and I would suggest they get on board with that. Mr. Graydon: Mr.

Speaker, due to some extreme weather conditions and a complete mismanagement of flood preparations by this NDP government, they have failed rural Manitoba miserably. We're in a unique situation where there's a shortage of pasture, a shortage of forage and, of course, with the inability of farmers to plant crops, a shortage of straw. We have learned that up to 2.5 million acres could go unseeded this year as well. So not only are our livestock producers suffering but so, too, is our crop sector. Producers deserve answers about this government's short- and long-term plan. Mr.

Speaker, again I ask the minister: Do you have a plan for the livestock and crop producers devastated by flooding and excess moisture? They need to make decisions now, not months from now like you did last time. Mr. Struthers: Mr. Speaker, we announced a very solid, very forward-looking plan and compensation package back on the 24th of May.

The people who are letting down the farmers and producers of Manitoba sit right across the way, when they choose to support their cousins in Ottawa in running a knife through the Wheat Board instead of standing up for the Manitoba farmer's right to vote on their future, instead of standing up for jobs for the people of Manitoba and the city of Winnipeg, instead of standing up for the Port of Churchill. Members opposite should grow a backbone and stand up for Manitoba farmers and oppose the [inaudible] Wheat Board. Taxation Personal Income Tax Exemption Hon.

Jon Gerrard (River Heights): My question's for the Minister of Labour and Immigration. The NDP is proud of their record of taking money out of the pockets of small business owners and building bureaucratic largesse off the backs of the working poor in this province. It's sad that the NDP are forcing many small business owners to be among the working poor in this province by raising minimum wages without adequately raising the personal tax exemption. Now, Mr. Speaker, I am in favour of a strong minimum wage but not without equal effort from government.

Will the minister explain why–if the NDP actually cared about poor people, why doesn't her government put their money where their mouth is and adequately raise the personal income tax exemption as well?

2906 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 Hon. Jennifer Howard (Minister of Labour and Immigration): Mr. Speaker, I want to sincerely thank the MLA for River Heights for that question. I'm interested in his position on minimum wage, because I recall, in the last leaders' debate in the last campaign, when he was directly asked that question, he did not take a position in favour of minimum wage. In fact, there was only one leader who took a position in favour of minimum wage and that was our leader.

And I'm very proud of the fact–I'm very proud of the fact–that every year we've been in office, we've raised the minimum wage. And, Mr. Speaker, we also now have a small business tax in this province that is at zero. Mr. Gerrard: I'm in favour of a strong minimum wage and, in fact, during the last campaign, on occasion I said that very clearly. But in Saskatchewan, the personal tax exemption is now $14,535. In Manitoba, the NDP takes money from people who make only $9,000 a year.

If the NDP actually cared about th e working poor, they'd reduce or even eliminate income taxes for the working poor, as Saskatchewan has done. Unfortunately, eliminating taxes for the working poor does nothing to help the bottom line of the NDP fat cats on Broadway. Knowing that many small business owners have to take part-time jobs just to make ends meet, why does the NDP not eliminate income tax for the working poor, if they really cared about poor people in Manitoba? Ms. Howard: Well, of course, you know, we believe that the solutions to poverty are multi-faceted. There is no one approach to it.

And that's why we have increased the personal exemption several times. That's why we have increased the minimum wage several times, without any support from the member opposite, I might add. That's why we've put in place affordable housing throughout Manitoba; we have more to work there. That's why we've put in place child-care spaces, so single moms and parents can go to work, a program that the member opposite opposed and voted against when he sat around the federal Cabinet table.

That's why we've invested in post-secondary education, another program that the member opposed when he was in Ottawa and was responsible for cutting transfer payments that led to record high tuition increases. So I will put our record on reducing poverty and being with the working poor any day over the member opposite's. Mr. Gerrard: Mr. Speaker, many small business owners in Manitoba, in fact, live below the poverty line, but NDP fat cats refuse to tighten their own personal belts and stop taxing the personal income of the working poor and small business owners living in poverty.

If anyone in the NDP ever had to run a business, they'd know that business owners don't always get to collect a personal wage and often struggle to make ends meet. The working poor are taxed at a higher rate in Manitoba than anywhere west of Québec, and NDP fat cats 'repuse'–refuse to act to reduce taxes for the working poor. Mr. Speaker, I support a strong minimum wage, but I ask the minister: Make a commitment that the NDP will adequately raise the personal tax exemption to prove they ac tually care about the poor in Manitoba. Ms.

Howard: Well, I will repeat for the member opposite that we have reduced the–we have increased the exemption, reduced those taxes, eight times, and, in fact, in the last budget, which I believe he voted against, there was a further $1,000 increase to the basic personal exemption. But we don't believe there's only one way to deal with helping small businesses or the working poor. That's why we have reduced the small business tax in this province to zero. I am not aware of that historic decrease happening before we were in government.

That's why we have worked with small businesses to make sure that they're able to hire staff, to expand. Things are looking good in Manitoba, Mr. Speaker. The Jets are co ming back. Downtown is booming. I think the member opposite should get on board instead of sticking with the Debbie Downers there on the other side. Mr. Speaker: Time for oral questions has expired. * (14:50) MEMBERS' STATEMENTS Ste. Rose Constituency Mr. Stuart Briese (Ste. Rose): I rise today with a profound sense of sadness. After October the 4th, 2011, Ste. Rose will no longer be a constituency name used in this Legislature.

The constituency of Ste. Rose was created through redistribution in 1914,

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2907 97 years ago, so it is, indeed, a sad day when such a venerable part of this Legislature will no longer be here. I've been truly honoured to represent the constituency of Ste. Rose for the past four years. I've often told colleagues in the Legislature that Ste. Rose is the most beautiful cons tituency in the province. The Ste. Rose constituency stretches from just south of Neepawa north to Crane River, and from Franklin to Westbourne. Ste.

Rose is nestled between the Riding Mountain escarpment and Lake Manitoba and boasts a wide variety of landscape and topography. Ste. Rose is principally an agricultural area that also boasts many other en terprises and businesses, including commercial fisheries and forestry. Ste. Rose has a wide variety of ethnic and cultural backgrounds, including three First Nations: Ebb and Flow, O-Chi-Chak-Ko-Sipi and Sandy Bay. We are also home to several Métis communities and a large francophone population, 10 Hutterite colonies and a large European influence.

More recently, we welcomed a number of Old Order Mennonites to the Plumas-Gladstone area, and a growing population of Koreans and Filipinos in the Neepawa area. There are nine RMs and four incorporated villages in the constituency, along with many unincorporated village districts. The Ste. Rose constituency has three conservation districts represented within its boundaries: the Whitemud, the Turtle and the Alonsa. Interestingly, unlike most other conservation districts, all three of those conservation districts are responsible for water management. Ste. Rose constituency also includes portions of three RHAs. Ste.

Rose also has four school divisions represented within its boundaries. Ste. Rose has been represented by six MLAs in its 97-year history: Joseph Hamelin, Conservative, 1914 to 1922, and then as an Independent from 1922 to 1927; Maurice Dane MacCarthy, Progressive from 1927 to 1932, Liberal Progressive from 1932 until 1953; Gildas Laurent Molgat, later Senator Molgat, Liberal Progressive from 1953 to 1970; Aimé Rawleigh (Pete) Adam, NDP, 1971 to 1986; Glen Cummings, PC, from 1986 to 2007; and, finally, myself, Stuart Briese, PC, from 2007 to 2011. In closing, Mr.

Speaker, I would ask the members of the Legislature to put their hands together and bid farewell to the venerable, proud constituency of Ste. Rose. The 97-year-old veteran of many sessions is retiring, and in another four–in another day, the Speaker recognizing the member for Ste. Rose will no longer be heard in the Legislative Assembly of Manitoba. Thank you. River East Collegiate 50th Anniversary Ms. Erna Braun (Rossmere): Mr. Speaker, in just over a week from now, alumni and staff will come together to celebrate River East Collegiate's 50th anniversary.

The reunion will provide alumni, staff and their families with an opportunity to celebrate the first 50 years of the school and the contributions it has made to each of their lives. To mark this historic occasion, members of the organizing committee have planned a fun-filled weekend of events. Former classmates, friends and alumni will have the chance to become reacquainted and to catch up with one another. As a River East graduate, I look forward to reminiscing with my former classmates and teachers.

I know the memories will include the musical and drama productions, as well as the Friday night dances with the likes of Chad Allan and The Expressions and The Guess Who. The events begin with a Friday evening cocktail reception, followed with an open house at River East Collegiate, where memorabilia will be on display. One of the highlights will be Mr. Peniuk's resurrecting his old room where former staff and students are encouraged to stop by to reminisce.

The jazz band, who was the only one in Canada to be invited to an international jazz competition in New York City earlier this year, will also be on hand to provide free entertainment to all the open house guests. The reunion will end on Saturday evening in style, with a gala dinner and dance at the Convention Centre, featuring Ron Paley orchestra.

I would like to acknowledge the efforts of the organizing committee, including the chairperson, James Daher, as well as the three members who are in attendance in the gallery today: Diane Coulter, Moira Honey, and Theckla Brown, who was a student at River East Coll egiate the first year it opened. Thanks to their hard work and enthusiasm, this reunion promises to be an exciting weekend. Today, River East Collegiate serves over 1,100 students in grades 10 through 12, and has a staff of nearly 70 teachers, who offer 144 different courses in an effort to accommodate the wide range of interests of its students.

2908 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 It also prides itself on having a student body that is actively engaged in its school and in the community. Mr. Speaker, I as k the members of this House to join me in wishing them a happy 50th anniversary and continued success in the years ahead. Thank you. Mark Keown and Daniel Pona Mr. Larry Maguire (Arthur-Virden): Mr. Speaker, great principals are essential to our public education system. Great principals communicate a compelling vision, engage the communities and nurture their staff.

Great principals are exceptional leaders who lay the foundation for the success of their students and the betterment of their communities. Canada's Outstanding Principals program was developed by the Learning Partnership and is now in its seventh year. In 2011, 32 principals from every province and territory were honoured as Canada's Outstanding Principals for making a measurable difference in the lives of their students and their local communities. I would like to congratulate Mark Keown, the principal of Virden Junior High School, who was named one of Canada's Outstanding Principals. Mr.

Keown was one of only two principals from Manitoba to receive this prestigious honour. I would also like to congratulate Gimli High School principal, Dan Pona, who will join Mr. Keown in an exclusive group of 187 previous award recipients in the National Academy of Canada's Outstanding Principals. All of the 32 principals honoured were treated to a gala awards ceremony at the Courtyard by Marriott downtown Toronto on February 8th, 2011. The award winners also participated in a five-day executive leadership tr aining program at the prestigious University of Toronto's Joseph L.

Rotman School of Management where they had the opportunity to dialogue and reflect on leadership issues with other leaders from educational, social, cultural and business communities. Mr. Keown was a very deserving recipient of the award. Earlier this year, he was also recognized by the Manitoba Band Association as the outstanding administrator. His commitment to the students, parents and staff at Virden Junior High has had significant impact on the community of Virden and the surrounding area. Mr.

Keown was instrumental in securing grant money from the Breakfast for Learning program as well as volunteers and community donations so that 25 to 30 students now receive a healthy breakfas t every morning. Twice a year, the entire school enjoys a hot breakfast together. A fellow administrator, Virden Collegiate Institute principal, Rob Tomlinson, nominated Keown for the Outstanding Principal award. His 18-page nomination form highlighted Keown's success at engaging the school community to create successful partnerships between the staff, students, parents and community. Mr.

Speaker, I would like to thank all principals in Manitoba for their dedication to our public education system, and I would like to once again congratulate Mark Keown and Dan Pona for being recognized as two of Canada's Outstanding Principals for 2011. Wayne Tucker Memorial Transcona Sports Weekend Mr. Daryl Reid (Transcona): Mr. Speaker, over the past four years, the Wayne Tucker Memorial Transcona Sports Weekend has become one of the premier softball-baseball tournament events of the year. This year the tour nament drew close to 100 teams and over 1,000 participants from all over our province.

It has become so successful that it has quickly become one of western Canada's biggest tournaments for young baseball and softball players between the ages of seven and 17. The intent of this weekend was to bring back the spirit of the original Transcona sports weekend which began in 1987. Starting with only two dozen teams, this tournament grew to host several thousand youth from across Manitoba. Activities include baseball and soccer tournament as well as Kids of Steel triathlon.

Drawing inspiration from the Transcona sports weekend, the current Wayne Tucker weekend aims to once again provide an opportunity to bring our youth together to enjoy a weekend of fun while giving them an opportunity to forge new friendships and create new memories. Next year, the memorial sports weekend will begin–will be celebrating its fifth anniversary, which coincides with Transcona' s 100th birthday. In an effort to draw even more people to participate in the tournament, organizers will be adding flag football to the schedule.

It is hoped that, by doing so, they will be able to draw over 150 teams and over 2,000 participants to Transcona for that weekend. * (15:00)

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2909 What really makes this event so special, though, is that all organized–that it is all organized by volunteers who have strong roots in the Transcona community and have no children of their own involved in the tournament. It is truly a labour of love for both sports and the children who take

part in the tournament every year. I am so proud to be part of such an active community in which events like these are supported and continue to thrive. I would ask that members of the House join me in wishing the organizing committee of the Wayne Tucker Memorial Sports Weekend every success in the future. Mr. Speaker, I would also like to ask leave to have the names of the volunteers included with this statement in Hansard. Thank you.

Wayne Tucker Memorial Transcona Sports Weekend volunteers: Jason Chody, Kevin Chody, Darryl Chody, Dustin Mymko, Mike McFadden, Barry Meyer, Kris Heieie, Bob Hochkievich, Jen Hochkievich, Megan Tucker, Shane Tucker James Zubriski Hon. Jon Gerrard (River Heights): Mr. Speaker, I rise today to recognize an exceptional young person who has worked in the Chamber with us since August as a page at the Legislative Assembly. James Zubriski is an outstanding and accomplished grade 12 student at Kelvin High School. He will be moving on to a promising post-secondary education career this fall.

James has been a dedicated swimmer for the past five years and can be fou nd in the water nine times every week. That persistence has led to his success in many Manitoba-Saskatchewan 16-and-over open competitions. James has won two silver medals in the 800-metre race as well as three bronze medals in the 1,500-metre race. I want to wish James well in his future career of swimming.

I also want to congratulate him on his success, thank him for his service here in the Legislature and wish him the very best of luck this fall as he heads to the University of Manitoba with an interest in economics and in political science. Mr. Speaker: Prior to recognizing the honourable member for River Heights, the honourable member for Transcona had asked leave to include the names in his member's statement. Is that agreeable? [Agreed] ORDERS OF THE DAY GOVERNMENT BUSINESS House Business Mr. Speaker: The honourable Government House Leader, on House business. Hon. Jennifer Howard (Government House Leader): Mr.

Speaker, would you call third reading on Bill 17, 30, 35, 36, 39, 40, 41 and 43. CONCURRENCE AND THIRD READINGS Bill 17–The Cooperatives Amendment Act Mr. Speaker: Concurrence and third reading, Bill 17, The Cooperatives Amendment Act. Hon. Jennifer Howard (Government House Leader): I move, seconded by the Minister of Family Services and Consumer Affairs (Mr. Mackintosh), that Bill 17, The Cooperatives Amendment Act; Loi modifiant la

Loi sur les coopératives, reported from the Standing Committee on Social and Economic Development, be concurred in and be now read for a third time and passed. Motion presented. Point of Order Mr. Speaker: The honourable member for Portage la Prairie, on a point of order. Mr. David Faurschou (P ortage la Prairie): Yes, Mr. Speaker, I wonder if you could repeat the order of the bills for concurrence this afternoon, please. Mr. Speaker: I would be pleased to. We'll deal with concurrence and third reading in this order: Bill 17, 30, 35, 36, 39, 40, 41, 43. * * * Mr. Speaker: Do we have any speakers on Bill 17?

Is the House ready for the–the honourable member for Carman. Mr. Blaine Pedersen (Carman): Mr. Speaker, I was expecting the minister to say a few words, but I guess I will, in that we support this legislation, Bill 17, and the co-operatives. It makes a couple of changes in that–for multi-stakeholder co-ops. There's some changes for them and also some changes allowing for the geographics of some of our larger

2910 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 co-ops now in terms of holding their annual general meetings. So we look forward to the passage of this bill and the implementation of this bill, and our party certainly supports this piece of legislation. Thank you. Hon. Jon Gerrard (River Heights): Mr. Speaker, I rise to indicate support for this legislation to enable more easily the presence of multi-stakeholder co-ops and the activities that they can–and services they can provide to Manitobans. Thank you. Mr. Speaker: Is the House ready for the question? An Honourable Member: Question. Mr.

Speaker: The question before the House, concurrence, third reading of Bill 17, The Cooperatives Amendment Act. Is it the pleasure of the House to adopt the motion? [Agreed] Bill 30–The Change of Name Amendment Act Hon. Bill Blaikie (Act ing Government House Leader): I move, seconded by the honourable Minister of Child and Family Services (Mr. Mackintosh), that Bill 30, The Change of Name Amendment Act; Loi modifiant la

Loi sur le changement de nom, reported from the Standing Committee on Social and Economic Development, be concurred in and be now read for a third time and passed. Motion presented. Mr. Blaine Pedersen (Carman): Again, Mr. Speaker, Bill 30, the change of names bill– amendment bill, we look forward to the speedy passage of this bill. It does provide the RCMP with some further checks and balances for people who want to change their names and who may have a criminal history. And it also–there are exemptions for those people who legitimately change their names and we'll support this bill. Thank you. Hon.

Jon Gerrard (River Heights): Mr. Speaker, I rise to indicate support for this legislation. Thank you. Mr. Speaker: Is the House ready for the question? An Honourable Member: Question. Mr. Speaker: The question before the House is concurrence, third reading of Bill 30, The Change of Names Amendment Act. Is it the pleasure of the House to adopt the motion? [Agreed] Bill 35–The Consumer Protection Amendment Act (Cell Phone Contracts) Hon. Bill Blaikie (Act ing Government House Leader): I move, seconded by the honourable Minister of Child and Family Services (Mr.

Mackintosh), that Bill 35, The Consumer Protection Amendment Act (Cell Phone Contracts); Loi modifiant la

Loi sur la protection du consommateur (contrats de téléphonie cellulaire), reported from the Standing Committee on Social and Economic Development, be concurred in and be now read for a third time and passed. Motion presented. Hon. Gord Mackintosh (Minister of Family Services and Consumer Affairs): Just in case I haven't made adequate note of this, I want to put on the record formally my thanks to the government of Québec for the senior officials and all of the other staff that have been working on the cellphone protection regime in that province.

They have spent some considerable time, both with staff and with me, personally, and I thank them very much. It is our hope that this legislation will provide a model for other provinces in turn. I also want to thank the consumer advocacy organizations in Québec for their insights, as well as the–all those Manitobans and organizations who provided their feedback and input into our consultation here.

And, of course, I have to thank the staff in this division and the researchers in the department who are going to considerable lengths to develop both consultation papers and legislation as part of the Let's Make a Better Deal consumer protection strategy. Thank you, Mr. Speaker. Mr. Blaine Pedersen (Carman): In Bill 35, The Consumer Protection Amendment Act (Cell Phone Contracts), and I know this bill speaks to contracts and making them clearer in terms of–for consumer protection so that consumers know what they're getting into when they do sign a contract for their cellphones.

And it's really quite amazing at how fast technology does change, that nowadays there are a

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2911 number of people who actually have cellphones as their one and only phone; they don't have land lines and they rely entirely on cellphones, so their importance is certainly become much more. * (15:10) And for MLAs in this job, I do use my Bluetooth religiously, Mr. Speaker.

I make sure that I am not speaking without it in the car, and it's made, certainly, a much easier wa y of catching up with constituents when we're travelling the miles in living in the rural constituency, and we make lots of miles and there's–it's a good use of time for there, and yet not affecting the safety of the other motorists who are out on the road beside me.

So this bill did make some changes in terms of specifying in terms of the length of the contract's terms, and it wanted–the purpose of the bill is to make sure that it's in very clear language, the length of term of the contract; the minimum monthly costs under the contract, so that people are aware when they sign these contracts that they know exactly what they're getting into; a description of the services, including the minimum monthly cost; the details and rates for additional use charges.

Like many things we buy nowadays, there are–there's the basic model and then there's the add-ons after that, and those add-ons tend to cost additional on your monthly bill and so it–these contracts should spell that out very clearly. Also, details about optional services that you want to do and other details including costs and any one-time fee such as system activation charges and irregardless.

Also–and one of the main contentions of cellphone users these days is about how the contract may be cancelled, and if there is a cancellation fee, how these cancellation fees will be calculated, because it's a very competitive marketplace out there and competition in the marketplace is always good. It does tend to have–lessen our costs when there is competition, and so this–in the contracts here there is stipulations that these will be calculated.

Now, there is supposed to be regulations written on that as to how to adjust values, and I hope that the people who are doing these–writing these regulations as to deciding on how to adjust values do consult back with the industry. I know the Canadian Wireless Telecommunications Association had sent a written submission in to committee when this bill came through and they woul d certainly like to be consulted when these regulations are being written for this bill, and so we would hope that the minister and the department take that into account when they are writing these regulations.

And many of the cellphone companies right now, and there are a great number, there's a relatively small number–there are a relatively small number of large companies and a large number of small companies involved in the cellphone business, and so the companies that we're in contact with–I believe, both the minister and myself–in regards to this bill were quite adamant that they do have a code of conduct in place right now, and there were some other facts that they were putting on the record that many of the contract costs are two to three years in average, so people do tend to change their providers quite often.

And so, with these–as these regulations are written, I just encourage the department to make sure that they consult with operations such as the Canadian Wireless Telecommunications Association. So we look forward to the passage of this bill, Mr. Speaker. Thank you. Hon. Jon Gerrard (River Heights): Mr. Speaker, I'd like to just place a few comments on the record with regard to this legislation dealing with cellphone contracts. I'm certainly in support of improved cellphone contracts and protection of consumers.

I think it's very important, at the same time, to remember that this is a very competitive, fast-changing, dynamic business area, and that it's important to have the right balance in terms of protecting consumers and in having competition. Because the competition itself is one of the things which can be very important in making sure that there is the best possible service at the best possible price. Certainly, the regulations here are going to be very important, and it is going to be critical that they are crafted carefully and lis tening to both consumers and people on the business side of this area.

Certainly, the provision of communication through cellphones, and what cellphones can now do, in terms of transmitting everything from pictures to handling data to a whole variety of innovative applications that are increa sing day by day. And it's very important that the contracts are, you know, not only solid but they are reasonable to handle this dynamic and flexible marketplace which is changing quite rapidly.

2912 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 So, with those comments, Mr. Speaker, I–as I said, I certainly support this legislation and just want to make sure that moving forward, that the right balance is achieved in the regulations. Thank you. Mr. Speaker: Is the House ready for the question? Some Honourable Members: Question. Mr. Speaker: The question before the House is Bill 35, The Consumer Protection Amendment Act (Cell Phone Contracts).

Is it the pleasure of the House to adopt the motion? [Agreed] Bill 36–The Adult Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act Hon. Bill Blaikie (Act ing Government House Leader): I move, seconded by the honourable Minister for Child and Family Services, that Bill 36, The Adult Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act;

Loi sur le registre des mauvais traitements infligés aux adultes et modifications concernant la

Loi sur les personnes vulnérables ayant une déficience mentale, reported from the Standing Committee on Social and Economic Development, be concurred in and be now read for a third time and passed. Motion presented. Mrs. Bonnie Mitche lson (River East): Mr. Speaker, and I just wanted to put a few comments on the record on Bill 36 and–which is establishing an adult abuse registry for those living with disabilities. Mr.

Speaker, this act was precipitated by an incident where an individual was hired by a non-profit organization that offers residential foster care respite and day services to disabled people, and was unknowingly hired after leaving very vulnerable individuals that lived at St. Amant Centre, leaving them in a van while they went into a movie. This person was let go but did not indicate, when applying at another residential facility, that they had worked at St. Amant, and therefore all of the records checks, including sexual abuse registry and the criminal history registry were passed, and that individual was hired.

When it came to government's attention, there was felt that there was a need to establish an adult abuse registry. And I think it's the right way to go. No disabled person should be subject to the care from an individual when they have an abuse history. So I'm supportive of this legislation.

I know that our caucus is supportive of this legislation, and we look forward to it moving forward in a couple of phases. * (15:20) The first phase is to ensure that those that are included under The Vulnerable Persons Living with a Mental Disability Act will be the first ones that will be included in the registry that may extend, at some point in time down the road, to personal care homes and other facilities. This is one step in the right direction, Mr.

Speaker, and we're looking forward to seeing the implementation of this abuse registry and further developments as we move along and see how well it works in the first phase. So, with those few comments, Mr. Speaker, we are supportive of this bill. Hon. Jennifer Howard (Minister responsible for Persons with Disabilities): Mr. Speaker, I just want also put a few comments on the record wi th regards to this bill and thank the Minister for Family Services and Consumer Affairs (Mr. Mackintosh) for working on this issue.

It's an issue that I know has been worked on and discussed for some time, and I was able to be part of some of those discussions when I worked with the minister in my capacity as the MLA assistant on disability issues. And we had some extraordinarily good discussions with people from many departments in government, as well as the police and people from the service providers, and I think they all share the commitment to making things safer for vulnerable people and adults with mental disabilities and intellectual disabilities. So I think this legislation is certainly going to help do that.

I believe it is, if not the first in the country, I think it is quite unique in the country, and it is, I think, another good example of the kind of innovation and boldness that has characterized the minister's time in office. So I want to thank him for the work that he's done, and I also want to thank the office of–that's in my department–the disability issues office, where there's a very small staff, but they have also worked very diligently on this issue and getting it to a point where we could have this bill in front of the House. So thank you very much, Mr. Speaker. Hon. Jon Gerrard (River Heights): Yes, Mr.

Speaker, I rise to comment on Bill 36, The Adult

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2913 Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act, and certainly I'm supportive of this registry. I think it's very important that we move forward so that people who have a history of abuse are not hired again to look after people in similar circumstances. I think it is very important that the act be applicable, not just in a narrow sense, but in a broad sense, and that we're able to protect all those adults who may be subject to abuse in one way or another.

And let us hope that we can build on this and move forward in a substantive way. Thank you. Mr. Speaker: Is the House ready for the question? Some Honourable Members: Question. Mr. Speaker: The question before the House is Bill 36, The Adult Abuse Registry Act and Amendments to The Vulnerable Persons Living with a Mental Disability Act. Is it the pleasure of the House to adopt the motion? [Agreed] Bill 39–The Grieving Families Protection Act (Various Acts Amended) Hon.

Jennifer Howard (Government House Leader): I move, seconded by the Minister of Family Services and Consumer Affairs, that Bill 39, The Grieving Families Protection Act (Various Acts Amended);

Loi sur la protection des familles en deuil (modification de diverses dispositions législatives), reported from the Standing Committee on Social and Economic Development, be concurred in and be now read for a third time and passed. Motion presented. Hon. Gord Mackintosh (Minister of Family Services and Consumer Affairs): I just didn't want to be neglectful in not recognizing the tremendous work and effort of the Public Utilities Board and Mr. Gerry Gaudreau, in partic ular, for their efforts looking at legislation that governs prepaid funeral plans.

The legislation is based in no small part, of course, on the consultations and on the work that was done by the Public Utilities Board in that regard. And I also, of course, I must thank Susan Boulter for her tireless efforts to get this legislation into the House on time. Thank you. Mr. Ron Schuler (Springfield): I do wish to put a few comments on the record in regards to Bill 39, The Grieving Families Protection Act. Back in spring of 2011, Bill 235 was introduced by myself, and it dealt with damages in cemeteries.

And how that came about, and I've mentioned this before in committee, that I was officiating at a funeral several years ago and I was approached and it was mentioned to me that the act had probably not been changed for a hundred years and that the penalties were actually amazingly minimal. In fact, I believe that it was in and around $4 that you were charged if you were caught damaging some–whether a tombstone or anything else, defacing anything in a cemetery. It was between 4 and 40 dollars.

So we brought it to this House and brought it forward as a private member's bill, and very disappointed in the minister responsible. Mr. Speaker, he got up and referred to this issue as being pitiful, and he said that he didn't feel that the bill went far enough.

He went on to say that $1,000 wasn't nearly enough, and I am quoting from Hansard of June 2nd, 2010, in which he said: "I don't think a fine of $1,000 is good enough," and he referred to the issue as p itiful, which is surprising because his legislation states exactly that, and it was very demeaning to those individuals who had come forward and had initially raised the issue. And that's what happens as individuals across this province happen to find something that they think is outdated and not reflective of what's going on in society and it's brought forward to this House.

We understand that the government does have the majority, they do have the entire public service at their disposal and they ca n deal with these issues. And in the case of the bill in front of us, Bill 39, it actually goes further and also deals with other issues that are very important to Manitobans. But, insofar as damage to tombstones and to cemeteries, we felt that it was unbecoming of the minister in the way that he approached the issue.

And I know that there were individuals in the House at that time who were paying attention and listening, and that was the, of course, the Minister of Family Services and Consumer Affairs who–it was probably a low point for him. It was unbecoming of him in his comments, and I don't want to mention the individuals who were in the gallery who were quite surprised at the minister's behaviour. However, the government did come forward with a bill which mirrored the private member's bill that I had put forward. And I think I said in spring of 2011; I meant 2010.

Anyway, the bill did come forward from the government, Bill 39. It does cover

2914 LEGISLATIVE ASSEMBLY OF MANITOBA June 15, 2011 it off. It's important that those fines be updated, and, Mr. Speaker, we would like to see this move on, would like to see it proclaimed. And I know the minister mentioned Ms. Boulter, who had put a lot of work into this, and we thank her also and all the other individuals who had an input in this legislation and what–would like to see it move on. Thank you very much, Mr. Speaker. Hon. Jon Gerrard (River Heights): Mr. Speaker, I rise to comment briefly on Bill 39 and to indicate support for this legislation.

I think it's time that this bill was overhauled and that there was better measures put in place in terms of handling of pre-arranged funeral plans, et cetera. So I'm certainly ready to support this legislation and look forward to it becoming law. Thank you. Mr. Speaker: Is the House ready for the question? Some Honourable Members: Question. Mr. Speaker: The question before the House is Bill 39, The Grieving Families Protection Act (Various Acts Amended).

Is it the pleasure of the House to adopt the motion? [Agreed] * (15:30) Bill 40–The Condominium Act and Amendments Respecting Condominium Conversions (Various Acts Amended) Hon. Jennifer Howard (Government House Leader): I move, seconded by the Minister of Family Services and Consumer Affairs (Mr. Mackintosh), that Bill 40, The Condominium Act and Amendments Respecting Condominium Conversions (Various Acts Amended);

Loi sur les condominiums et modifications législatives en matière de conversion en condominium, as amended and reported from the Standing Committee on Social and Economic Development, be concurred in and be now read for a third time and passed. Motion presented. Mr. Blaine Pedersen (Carman): Mr. Speaker, and Bill 40, The Condominium Act and Amendments Respecting Condominium Conversions (Various Acts Amended), the–our party, the Progressive Conservative Party, will support this legislation. Thank you. Ms. Howard: Mr.

Speaker, I want to just put a few words on the record about this bill since I think I represent a constituency th at probably has the most condominiums in it in the city. And I had the opportunity to discuss this legislation with several residents in Fort Rouge, some of whom were involved very much in the drafting of the legislation and certainly knew far more about it than I could claim to. But I think there are some important consumer protections in this legislation.

I think some of those will make sure that people who are purchasing condominiums do get more information and better information about what they're buying and what some of the liabilities may be in that building so that they can make th ose purchases with eyes wide open. I think there's also several amendments in this legislation that will also make sure that condominium boards are better able to serve the members of the condominium, that they're able to put in place rules and regulations that will make living more comfortable for everyone and then able to enforce those rules.

I also want to just say that another very important, I think, part of this bill is the new regulations that will allow municipalities to put in place regulations about condominium conversions when there are very low vacancy rates. I know all of us in our constituencies probably have talked to constituents who have had the experience of being renters and having to leave their home because the rental units were being converted into condominiums.

And while, I think, it is important that there continue to be affordable options for people who are buying their first home, we also do need rental accommodation in this city.

And some of the things that we have tried to do to improve that situation include making sure that people have more notice when there are evictions of that nature, that we've also improved the benefits that are payable to renters to help with moving costs and we've also invested in a tenants' advocate office to help tenants who believe that they have grounds for an appeal and they want to avail themselves of the rights that they have under the rentals office. So this is another step to try to achieve the balance in accommodation and housing in this city.

I think it’s a positive step and I want to thank the minister for the work involved. I do note that this bill is probably the first bill that was too big for the stapler to go through in the printing room, so I don't know if I should commend or I don't know what the minister for bringing that kind of legislation forward. As the House leader, it was quite a large piece of

June 15, 2011 LEGISLATIVE ASSEMBLY OF MANITOBA 2915 work for me to get my mi nd around, but I do want to thank him for his diligent work on this and the consultations that he underwent with condominium residents and owners and people who work in this field. I think that this will help protect those people who are buying, some buying their first home, some, perhaps, buying their last home, and I think that

Document details

Collection	Manitoba — Debates (Hansard)
Citation	39-5-63
Type	hansard
Volume / chapter	39th 5th hansardpdf 63.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	14a2b04b22da73500422b85ee198c3fae83c5e70

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