Manitoba Committee Hansard — 29 June 1993 (Legislative Affairs Committee, Sitting 3, 35th Legislature, 4th Session)

35-4-la3

Manitoba — Debates (Hansard)

Fourth Session ·Thirty-Fifth Legislature of the Legislative Assembly of Manitoba STANDING COMMITTEE on LAW AMENDMENTS 42 Elizabeth II Chairperson Mr. Bob Rose Constituency of Turtle Mountain VOL. XLII No . 3 · 7 p.m., TUESDAY, JUNE 29,1993 ISSN 0713-9586 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Fifth Legislature Members, Constituencies and Political Affiliation NAME ALCOCK, Reg ASHTON, Steve BARRETT, Becky CARSTAIRS, Sharon CERILLI, Marianne CHOMIAK, Dave CUMMINGS, Glen, Hon. DACQUAY, Louise DERKACH, Leonard, Hon. DEWAR, Gregory DOER, Gary DOWNEY, James, Hon. DRIEDGER, Albert, Hon. DUCHARME, Gerry, Hon.

EDWARDS, Paul ENNS, Harry, Hon. ERNST, Jim, Hon. EVANS, Clif EVANS, Leonard S. FILMON, Gary, Hon. FINDLAY, Glen, Hon. FRIESEN, Jean GAUDRY, Neil GILLESHAMMER, Harold, Hon. GRAY, Avis HELWER, Edward R. HICKES, George LAMOUREUX, Kevin LATHLIN, Oscar LAURENDEAU, Marcel MALOWAY, Jim MANNESS, Clayton, Hon. MARTINDALE, Doug McALPINE, Gerry McCRAE, James, Hon. MciNTOSH, Linda, Hon. MITCHELSON, Bonnie, Hon. ORCHARD, Donald, Hon. PALLISTER, Brian PENNER, Jack PLOHMAN, John PRAZNIK, Darren, Hon. REID, Daryl REIMER, Jack RENDER, Shirley ROGAN, Denis, Hon. ROSE, Bob SANTOS, Conrad STEFANSON, Eric, Hon.

STORIE, Jerry SVEINSON, Ben VODREY, Rosemary, Hon. WASYL YCIA-LEIS, Judy WOWCHUK, Rosann Vacant Vacant Vacant CONSTITUENCY Osborne Thompson Wellington River Heights Radisson Kildonan Ste. Rose Seine River Roblin-Russell Selkirk Concordia Arthur-Virden Steinbach Riel St. James Lakeside Charleswood Interlake Brandon East Tuxedo Springfield Wolseley St. Boniface Minnedosa Crescentwood Gimli Point Douglas Inkster The Pas St. Norbert Elmwood Morris Burrows Sturgeon Creek Brandon West Assiniboia River East Pembina Portage Ia Prairie Emerson Dauphin Lac du Bonnet Transcona Niakwa St.

Vital Gladstone Turtle Mountain Broadway Kirkfield Park Flin Flon La Verendrye Fort Garry St. Johns Swan River Rossmere Rupertsland The Maples PARTY. Liberal NDP NDP Liberal NDP NDP PC PC PC NDP NDP PC PC PC Liberal PC PC NDP NDP PC PC NDP Liberal PC Liberal PC NDP Liberal NDP PC NDP PC NDP PC PC PC PC PC PC PC NDP PC NDP PC PC PC PC NDP PC NDP PC PC NDP NDP 33 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON LAW AMENDMENTS Tuesday, June 29, 1993 TIME-7p.m. LOCATION- Winnipeg, Manitoba CHAIRPERSON - Mr. Bob Rose (Tu rtle Mountain) ATTENDANCE· 9- QUORUM· 6 Members of the Committee present: Hon. Messrs.

Derkach, McCrae Ms. Barrett, Messrs. Helwer, Pallister, Mrs. Render, Messrs. Ro se, Sv einson , Ms. Wowchuk APPEARING: Arthur Braid, Q.C. MATTERS UNDER DISCUSSION: Bill 14-The Personal Property Security and Consequential Amendments Act Bill 39- The Provincial Court Amendment Act *** Mr. Cha irperson: Ord er, please. Will the Standing Committee on Law Amendments please come to order. This evening the committee will be considering the following bills : Bill 14 , The Personal Property Security and Consequential Amendments Act; and Bill 39, The Provincial Court Amendment Act.

For the committee's information, copies of the bill are available on the table behind me. It is our custom to hear presentations from the public before the detailed consideration of bills. At this time, we have no persons registered to speak. Is there anyone in the audience who wishes to mak e a presenta tion at the committee this evening? Seeing none, is the committee ready to proceed with clause-by-clause consideration of the bills?

I have been instructed by one member of the committee to move expeditiously but maintain the high quality of work that we are accustomed to on this committee, so I hope we can proceed in that manner. Does the committee wish to consider the bills in sequential order? Is that agreed? Hon. James McCrae (Minister of Justice and Attorney General): Mr. Chairperson, if it is felt that these bills will move forward expeditiously, then I do not have any concerns. If it is felt that Bill 14 might take some time, then I would prefer to deal with Bill 39 first. Mr.

Chairperson: Is it the committee's wish to deal with Bill 39 first? Is that agreed? Mr. McCrae: Any problem? No. Very well. Bill 39-The Provincial Court Amendment Act Mr. Chairperson: We shall consider Bill 39, The Prov incial Court Am endment Act . Does the minister or do any of the critics have an opening statement? Hearing none, the bill will now be considered clause by clause. During consideration of the bill, the Title and the

Preamble are postponed until all clauses have been considered in their proper order by the committee. Clauses 1 to 4 inclusive-pass; Title-pass;

Preamble-pass. Bill be reported. That completes consideration of Bill39. Bill 14-The Personal Property Security and Consequential Amendments Act Mr. Chairperson: We will now move to consideration of Bill14. Does the minister or do the critics for the opposition parties have an opening statement? Hon. James McCrae (Minister of Justice and Attorney General): I have no opening statement, Mr. Chairperson. Ms. Becky Barrett (Wellington): I wanted to make one brief comment, if I may. Mr. Chai rperson: You certainly may. Ms. Barrett: Mr.

Chair, I have only one brief comment and actually I wanted to put on record, as 34 LEGISLATIVE ASSEMBLY OF MANITOBA June 29, 1993 I believe I did in my discussion in the House on second reading, the thanks I have for Professor Braid and Alexandra Morton, who gave us a very complete and thorough and easily understood analysis of Bill 14. For someone like myself, who has absolutely no legal training, nor do I ever care to have any legal training, it was a very interesting morning and I appreciate the time and energy that you took in clarifying this large bill for me. So, thank you very much. Mr. McCrae: Mr.

Chairperson, on behalf of the department, I would echo the comments made by the honourable member for Wellington (Ms. Barrett) to Professor Braid and to Alex Morton, our Registrar General for Property Rights. They have been extremely helpful to us in getting this extremely bulky piece of legislation to the point that we have arrived at. As a matter of fact, there will be a couple of brief amendments which we will discuss when we get to Clauses 24 and 49. Once more I will ask Professor Braid to help us with those when we get to that point, but I would echo what the honourable member has said. Mr.

Chairperson: As is custo mary, we will postpone consideration of the

Preamble and the Title until after all clauses have been considered. Clauses 1 to 23 inclusive-pass. Clause 24. Mr. McCrae: Mr. Chairperson, I move THAT subsection 24(1) of the Bill be amended (

a) in the part preceding clause (a), by striking out "or rep ossession" and substituting ", repossession or seizure"; and (

b) in the part following clause (f), by striking out "or repossession" and substituting •, repossession or seizure". (French version] II est propose que le paragraphe 24(1) du projet de loi so it amende:

a) dans le passage introductif, par substitution, a "ou Ia reprise de possession", de", Ia reprise de possession ou Ia saisie";

b) dans Ia

partie qui suit l'alinea f), par substitution, a "ou Ia reprise de possession", de", Ia reprise de possession ou Ia saisie". I move this amendment in both the French and English languages. If there is any explanation required, I would call upon Professor Braid to assist me in this regard. •

(1910) Mr. Arthur Braid (Q.C.): The only purpose of this was to make it cover all situations. We had "repossession," which is what Ontario has, and it . has been pointed out that someone may seize goods, never having possessed them. A bank, for example, on default, may seize goods. It is not repossessing. A seller repossesses; a bank does not. So to cover that, we added the word "seizure. " Mr. Chairperson: Thank you. The amendment is in order . Are there any further qu esti ons or discussion? The amendment-pass; Clause 24 as amended -pass; Clauses 25 to 48 inclusive-pass. Clause 49. Mr. McCrae: Mr.

Chairperson, I move THAT subsection 49(3) of the Bill be amended by striking out "or the condominium plan". THAT subsection 49(4) of the bill be amended by striking out "or condominium plan". (French version] II est propose que le paragraphe 49(3) du projet de loi soit amende par suppression de "ou le plan de condominium". II est propose que le paragraphe 49(4) du projet de loi soit amende par suppression de "ou le plan de condominium". I move these amendments in both the French and English languages. Mr.

Braid: The reason for that is, we do not have condominium plans under the Land Titles, so it does not fit for Manitoba. Mr. Chairperson: The amendment is in order. Is there any further discussion or questions? The amendment-pass; Clause 49 as amended -pass; Clauses 50 to 93 inclusive-pass; Title pass ;

Preamble-pass. Bill as am ended be reported. That completes consideration of Bill 14. I thank the committee for their expeditious and good-order handling of these two bills. Committee rise. COMMITIEE ROSE AT: 7:11 p.m.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	35-4-la3
Type	hansard
Volume / chapter	35th 4th hansardpdf la3.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	30d32944bb8b07c6c9d42c9948681e43d1837383

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