Manitoba Hansard — Sitting 144 (34th Legislature, 2nd Session)

34-2-144

Manitoba — Debates (Hansard)

LEGISLATIVE ASSEMBLY OF MANITOBA Wednesday, II/larch 14, 1990. The House met at 1: 30 p.m. PRAYERS ROUTINE PROCE EDINGS TABLING OF REPOR TS Hon. Gerald Ducharme (Minister of Housing): Mr. Speak er, I have the privilege to submit the Annual Report of the Department of Urban Affairs for the fiscal year ended March 31, 1989. Hon. Glen Cummings (Minister of Environment): Mr. Speaker, it is my pleasure to table the 1987-88 Annual Report for the Clean Environment Commission. INTROD UCTION OF GUESTS Mr.

Speaker: Prior to Oral Questions, may I direct the attention of Honourable Mem bers to the gallery where we have from the Killarney School thirty-eight Grade 9 students. They are under the direction of John Ross. This school is located in the constituency of the Speaker of the Legislative Assembly (Mr. Rocan). On behalf of all Honourable Mem bers, I welcome you here this afternoon. OR.Al QUE STION PE RIOD Fuel Tank Spills Monitoring Mr. Harold Taylor (Wolseley): Mr. Speaker, over the last two years a quarter of all the fuel spills in Manitoba have been attributable to Shell Oil Company and its operators.

The oil company is keeping its track record as last night new fuel tanks leaked into the City of Winnipeg's sewer system in the Transcona district. This contamination then spread into adjacent homes forcing the evacuation of over 60 people. Mr. Speaker, the last fuel spill by Shell Oil occurred only a few months ago. At that time the Minister advised that there was going to be a better way to deal with these types of incidents. Would the Minister please clarify just what action he has taken so that we can avert these types of repeated fuel spills, both here in the city and out in the rural areas? Hem.

Glen Cummings (Minister of Envirc:mment): It has become an increasing problem with the number of fuel tanks that have discharged underground over the last number of years. • (13 35) The regulations in place require that the testing of the older tanks- unfortuna tely , this incident tha t occurred last night is a newer set of tanks. As soon as we have the information as to what caused the leak we will be able to make an assessment on how we might be able to avoid that. Frankly, Mr.

Sp eaker, we are moving to make sure that we have more people available to keep up to date with the book tracing of the volumes and the location of the tanks so that we can be even more on top of what is happening in terms of the underground gasoline storage. Mr. Taylor: That 6,000-litre fuel spill in my own riding recently was supposed to lead to better regulation of the industry by the Environment Department and better management by the oil companies and operators. After that last response it would appear that very little has been done. Mr.

Speak er, why is it that four months after that Portage Avenue fuel spill the Environment Minister (Mr. Cummings) does not even have a decent inventory and condition report of the fuel tanks in use in this province? Why has he igno red the offer of the practical suggestions which were given to him in the Estima tes process in December to this end? Mr. Cumm ings: Mr. Speaker, if the Member thinks that we only started looking at this problem four months ago then he does not understand the manner in which we have approached this as a serious responsibility of our department.

The fact is that there is an enormous number of tanks across this province. In fact, I have received a number of complaints from service station owners about the fact that our testing and the surveillance that our department is putting on them is excessive. The fact is that we will not stand back and allow flagrant abuse of The Environment Act, flagrant discharges into the ground waters of this province and we will be viewing very seriously wherever there is flagrant abuse and negligence in keeping track of the volumes of gasoline. Mr. Ta ylor: Mr. Speak er, that was an interesting comment by the Minister.

When you have had a very slack regime on the regulation of this industry I am not surprised there are some complaints. Cleanup Procedures Mr. Harold Taylor (Wolseley): Mr. Speaker, why is it the Transcona residents that had to be evacuated from their homes were left out of their homes overnight? Why was that fuel not removed until late this morning? Why was it not removed right away so it would not continue seeping into that sewer system and into their homes? Why was that move not taken- Mr. Speaker: Order, please. The question has been put. Hon. Glen Cu mmings (Minister of Environment): Mr.

Speaker, the response people, as I understand it, 5910

Wednesday, March 14 , 1990 worked all night to lower the level of gasoline sewer lines so that the people of the be returned to their houses as soon as poss11bl•e. think the Member is advocating any way these evacuees Preparations are made for the environmental assessment on the Lake gold are only too well aware of, but to have been set. Mr. Soeal<er. files on the Ontario Environment Department mine are being transported to Winnipeg The question is: being given three the Water Protection material critical to subm ission a very crucial application? Why the ridiculous time limitation? Hon.

Glen Cummings (Minister of iEr""''"''"''""'"" Speaker, I am not sure if the Member is rPt<>rrinn the amount of time that they would have in their hands; that seems somewhat also indicated that no time has been set for this or is he prepared to recognize the fact that the is certainly still there for Consolidated Professor not to proceed with this application. * (1 340) I presume what he is referring to, without wanting to say so, is that this is the second round of consultations on the setting of the guidelines for the EIA. If that is what he is asking about then I would ask him to stand up and say so.

Water Qualit y Mr. Harold Taylor (Wolseley): Yes, Mr. Speaker, a little touchiness there. Last night the Water Protection Group, at its annual meeting, proposed a goal of zero level toxins entering concessions the of Ontario to make sure that Manitoba's interests are properly taken care of. Mr. Jerry Storie (Flin Flon): Mr. Speaker, last night another school division was forced by this Government to raise property taxes upon its ratepayers in double digit figures, a 12 percent increase in the Winnipeg School Division.

Given that the Winnipeg School Division, and school divisions across the province have called on this Government to suspend its funding to private schools, will the Minister of Education (Mr. Derkach) immediately suspend additional increases to private schools, meet 591 1

Wednesday, March 14, 1990 with the Winnipeg School Division and other school divisions who are forcing increases, tax increases, on their ratepayers? Will he meet with those divisions that are im posing doubl e-digi t tax increases on their ratepayers? Will he meet with them and find the additional money that is available from Government general revenues to protect the homeowners and the ratep ayers of divisions across the province, and particularly the City of Winnipeg? Hon. Leonard Derkach (Minister of Education and Training): We have been this route several times in the last few days, Mr.

Speaker, and once again I have to indicate to the Mem bers of this House and the Mem ber for Flin Flon (Mr. Storie) that the support to Winnipeg School Division No. 1, in terms of its basic supports, was in excess of 5 percent, when the inflation rate is 4. 7 percent. I have to indicate that we made it very clear to all school boards across this province that the funding we were supporting school education by was indeed at the level of inflation which would ensure the preservation of the programs that they now have in place.

Additionally we said to all school boards, including Winnipeg No. 1, that they had to set their priorities. To date I have no evidence that Winnipeg No. 1 have done very much work with regard to setting their priorities in their budget, and until that happens, until a meaningful approach is taken, I am reluctant to meet with that division. *

(1345) Private Schools Fundi ng Analysis Mr. Jerry Storie (Flin flon): He continues to force school divisions across the province to either cut programs in the public school or raise taxes by double digit figures. That is the choice he is giving public schools in the Province of Manitoba. On Monday night the Manitoba Association of School Trustees and The Manitoba Teachers' Society called on this Government to suspend funding. They called on this Government to study the implications of the course of action it has embarked upon.

They have called on the Government to study the impact of increased funding to private schools on the public school system. Will the Minister now acknowledge that it is a rational approach to study the impact of this increased funding on the public system which serves 95 percent of the students in this province, that it is a rational course of act ion, and will the Min ister now commit to undertaking this study before there is any additional funding to private schools? Hon.

Leonard Derlu1ch (Minister of Education and Training): May I continue by adding, with regard to Winnipeg School Division No. 1, that first of all the general increases to the Winnipeg School Division are 5.3 percent In the other categories, in the other grants that are made available to Winnipeg No. 1, the increases in funding are over 20 percent. The Mem ber for Flin 5912 Flon (Mr. Storie) keeps talking about independent schools. We have indicated that we are not taking money from the public school system to support independent schools. I find it somewhat contradictory when the Member for Concordia (Mr.

Doer) is a product of an independent school, when the Mem ber for The Pas (Mr. Harapiak) and the Memb er for the Interlake (Mr. Uruski) send their children to an independent school, are they suggesting that these schools are just for the elite who can afford them? I suggest, Mr. Speaker- Mr. Speaker: Order, please. Order. Mr. Storie: Mr.

Sp eaker, the money that this Government, the $1 5 million or $1 6 million that this Government is giving to private schools this year and the $25 million or $30 million that it will be giving to private schools is coming out of the pockets of the same taxpayers, in the City of Winnipeg and the Winnipeg School Division, who are being asked to pay an additional $1 00 this year. law Amendments Committee Priv ate Schools Fundi ng Mr. Jerry Storie (Flin Flon): Mr. Speaker, my question is to the First Minister (Mr. Filmon). The First Minister has promised Manitobans an open Government.

On many occasions there have been public meetings and public discussion papers prepared on very important issues. Will the First Minis ter today undertake to withhold any increased funding to private schools until the Law Amendments Commi ttee, which is currently considering a Bill which will give the Min ister of Education (Mr. Derkach) unlimited power to grant money to any private school, will the Minister undertake to take the Standing Committee on Law Amendments across the Province of Manitoba to allow the public to speak on this issue which, in the opinion of many, is undermining the public school system?

Hon. Gary filmon (Premier): Mr. Speaker, as we have done in the past, our Go vernment this year has continued to fund public school education at increases at least at or above the rate of inflation. With specific reference to Winnipeg School Division No. 1, which the Mem ber for Flin Flon (Mr. Storie) raised, they are being given a 5.3 percent overall increase in funding, well beyond inflation. They have brought in a budget, I might indicate, that calls for their expenditures to increase at 7.3 percent, Mr. Speaker. They get special funding for special needs.

They get funding that is well beyond-t hey are being given 5.3 percent when the average provincial increase is 4.6 percent. Mr. Spe aker, they are being treated fairly, they are being treated reasonably, and there is no money that is being withheld from the public school system in order to be given to the private school system. The public school system is getting funding increases at or above inflation. Local school boards must make decisions in keeping with their resources. They must cut the suit to fit the cloth.

Wednesday, March 14, 19 90 Despite the fact that we have had massive reductions in funding from Ottawa, we are being fair with our public school divisions. Under those circumstances, I find irresponsible that the Member for Flin Flon (Mr. Storie) is just simply blindly advocating for more- Speaker: Order, please. Storie: I asked the First Minister to stop dumping money, to study the question of the impact of these careless increases based on political promises. (1 350) Jerry Storie (Flin Mr. Sp eaker, the fact of the matter is that the Minister of Education (Mr.

Derkach) has lost the confidence of the 12, 000 public school teachers, the 95 percent of parents who send their children to public schools. Mr. Speaker, my question is to the First Minister (Mr. Filmon). Given the fact that the Mi nister of Education (Mr.

Derkach) is intentionally misleading the people of Manitoba about the potential costs of these private school increases, about the impact of these private school increases on the public school system, given that he is not telling people in Manitoba the truth about these impacts, will the First Minister remove this Minister from his responsibilities and put someone in his place who will protect the public school system? Some Honourable Members: Oh, oh! Mr. Speaker: Order, please. Hon. Gary Filmon (Premier): Mr. Speaker, this Member for Flin Flon (Mr.

Storie) is one of the most irresponsible Mem bers that we see in this Legislature. During the time when he was Minister of Education he increased funding for independent schools, private schools in this province, but required absolutely no accountability, no accountability whatsoever, no access to any of their financial information, no access to program information, no access to records or anything. He required no accountability, yet each year he increased the funding. That was irresponsible, Mr. Sp eaker.

That is the kind of irresponsible measures that got them turfed out unceremoniously from Government, never to be in Government for a long, long time in future because of the irresponsi ble moves that the y made. This Government is not only gett ing acc ountabi lity in programming, accountability in finances, accountability in record keeping and information from the independent school system, but in fact- Some Honourable Members: Oh, oh! Mr. Speaker: Order, please. The Honourable First Minister. Mr. Filmon: That is right, Mr. Sp eaker, we do believe in choice, unlike the NOP.

In addition to all of these things that we are doing for the betterment of children in this province, we are also increasing funding to education, to public school education, at or above the rate of inflation.

In all circumstances it is a fair, balanced and reasonable approach to education in this nrrwiru'c Decentralization c�1rr1��1nnnn1�n1��eranch hired for-service some 38 of how many other Manitobans, other than the 692 civil servants, will be affected by the move to decentr aliz e the Correspondence Branch or in fact any of the other branches that are to be moved outside of the City of Winnipeg? are the hidden numbers? Hon. Leonard Derkach (Minister of Educaticm Training): Mr. Speaker, once again, we see where the Li berals are coming from with regard to decentralization.

They have no sympathies with rural Manitoba. They do not believe that rural Manitoba should req uir e any services or ha ve any service deliveries from those areas. The Correspondence Branch is exactly what it suggests; all of the courses are delivered in a correspondence way through the mail. Some Hcn<nsrable Members: Oh, oh! Mr. Sp eake r: Or der, please; ord er, please. The Honourable Member for Sturgeon Creek (Mrs. Yeo) has posed her question and I am sure the Honourable Member would like to hear the answer. The Honourable Minister of Education and Training. Mr. Derkach: Mr.

Sp eaker, I have to tell the Member for Sturgeon Creek (Mrs. Yeo) that we do have mail in rural Manitoba, that there is postal service and we can deliver our correspondence courses to anywhere in the province using Her Majesty's Royal Mail. That is the nature of this department. It delivers programming via correspondence through the mail and through distance education. In fact, Manitobans across !his province will be served very effectively by the Correspondence Branch regardless of where it is located. Some Honourable Members: Oh, oh! Mr. Speaker: Order, please.

The Honourable Mem ber for Sturgeon Creek. * (1 355) Mrs. Yeo: Mr. Sp eaker, will the student from Portage la Prairie, the student from Thompson, the student from 5913

The Pas, be forced to travel to Winkler, Manitoba if they want to meet with one of the guidance counsellors from the Correspondence Branch? Some Honourable Members: Oh, oh! Mr. Sp eaker : Ord er, please; ord er, please. The Honourable Minister. Mr. Derkach: Mr. Speaker, I have difficulty following the logic of the Mem ber for Sturgeon Creek (M rs. Yeo). Is she suggesting that people from all over Manitoba did not have to drive to Winnipeg to see counsellors before? Is that what she is suggesting? We will provide the services as we have to this point in time.

All that it means is the headquarters of the Correspondence Branch will no longer be in the City of Winnipeg, they will be outside of the City of Winnipeg. The services will be the same and perhaps even better. Mrs. Yeo: Well I find it difficult to follow the logic of this Government, Mr. Speaker, when decisions were accepted on the basis that it was logical to move closer to the client groups to be served. I wonder what estimates have been made.

What is it going to cost to transport all the textbooks from Winnipeg out to Souris, which serves 20,000 students in a 50-mile radius of that particular town, and then all the way back to Winnipeg, which serves 12 2,000 students in Winnipeg? What are the costs? Some Honourable Members: Oh, oh! Mr. Sp eaker: Ord er, please; ord er, please. The Honourable Minister of Education and Training. Mr. Derkach: Mr. Speaker, it is becoming very evident where the Liberals are with regard to decentralization. It is becoming very evident where their interests are.

It is not with any people residing outside the City of Winnipeg. An Honourable Member: Perimeter vision. Mr. Derkach: Mr. Speak er, that is true. The Liberals have perimeter vision. There is more to this province than Winnipeg. The City of Winnipeg is an important part of this province. I have to indicate to the Liberals that it does not matter whether the textbooks are distributed from Winnipeg or from Portage or from wherever. The service will be efficient, it will be effective and it will not be any worse than it is today. Decentralizatio n Emplo yee Optio ns Mr. Speaker: Order, please.

The Honourable Member for Ellice. Ms. Avis Gray (Eliice): Mr. Sp eaker, my question is for the Minister responsible for decentralization, who told employees, at the rally yesterday, "no individual would be forced to move." Could the Minister clarify for the House, for the families and the employees of 1990 the Civil Service what the implications are for employees who for whatever reasons cannot move? What are their options? Hon. James Downey (Minister of Northern and Nat ive Affairs): Mr. Speaker, this whole decision has not been taken lightly.

It has been taken over a period of time t o work closely with the emp loyees, with the departments who have identified departments within their Government that can be decentralized. As well, we are very concerned that individuals with health concerns or special needs that have to be looked after will be dealt with by this Government and not forced to move. Mr. Speaker, while there is an agreement between the .

Government Emplo yees' Association and the Government, in most areas there has been special accommodation to help and assist those individuals whose positions, I again emphasize positions, will be moved if they are desirous of moving. I believe it has been worked out over a long period of time, and we will continue to work with those employees who feel there may be some hardships. * (14 00) Ms. Gray: Mr. Speaker, I have a supplementary question to the same Minister. If these civil servants, whose positions are being moved, cannot find other positions within the Civil Service, will they be laid off? Mr.

Downey: Mr. Speaker, I think it is time that the public and the Liberal Caucus, who are so excited about this, really found out what their Liberal Leader (Mrs. Carstairs) had to say ab out her pol icy on decentralization. This was February 10, in the Opasquia Times. I would think that they would want to hear what their Leader had said, and this is not- Some Honourable Members: Oh, oh! Mr. Speaker: Order. Mr. Downey: Mr. Speaker, so the media understands what she said I have copies of this afterwards as well. This is in the Opasquia Times, February 10.

Carstairs told the Times that if she were to form Government next week some of the bureaucrats -this is what she refers to them as-would be headed north to The Pas, Thompson, perhaps Flin Flon. She further went on to state: We have to start putting some of those physical bodies in the North, she told the Times, physically move those people. What compassion and what care does she have? Some Honourable Members: Oh, oh! Mr. Speaker: Order, please; order, please. Notice of Intent Ms. Avis Gray (El lice): I have a final supplementary to the same Minister, who tells the House and Hansard 5914

Wednesday, March 14, 19 90 that the Liberals do not support decentralization but stands on the steps of the Legislature and tells the civil servants that they do. You cannot have it both ways. With a final supplementary- Some Honourable Members: Oh, oh! Mr. Sp eaker: Or der. Order , please. Would the Honourable Member for Ellice kindly put her question now, please? Ms.

Gray: My final supplementary question to the Minister is: will the Minister withdraw the stipulation that employees would be forced to sign a letter of intent within the next 30 days indicating whether they will move or not, given that the Government has not even told them whether that move will be in six months or whether it will be in 18 months? Will you withdraw that stipulation? Hon. James Downey (Minister of Northern and Native Affairs): Mr. Speaker, under the agreement between the MGE A and the Government there is a specific time of which people have to be noticed.

As I understand it there has been far greater time of notification than was ever requested or in fact as part of the agreement. I understand there is much more time allowed to those individuals to make up their minds as in fact was. The Cons ervative Go vernment is not like the incompetent Liberals, who in The Pas say that they are going to physically drag bodies into the North, unlike our position. We will handle it with the care and consideration that is deserving of those people who work for the people and- Mr. Speaker : Order , please; ord er, please. The Honourable Minister will take his seat now, please.

Manufacturing Industry Economi c Growth Mr. Leonard Evans (Brandon East): Yesterday, I asked the Minister of Finance (Mr. Manness) to explain the loss of 9,000 jobs in the manufacturing sector in Manitoba and he replied that the situation would improve because of a forecast of increased capital investment in manufacturing that occurred in 1989. Mr. Speaker, investment in manufacturing for 19 90 is forecast by Statistics Canada to decline by 19 .9 percent, nearly 20 percent. How can the Minister of Finance (Mr.

Manness) say "things are well on course for expansion" when not only thousands of jobs are being lost in Manitoba in manufacturing, but also when investment in manufacturing is expected to decline by nearly 20 percent in 1990? Hon. Clayton Manness (Minister of Finance): Mr. Speaker, the Member just confirms my statement of yesterday. The fruit from that tremendous investment in 1989 of 83.8 percent increase is going to be locked in in permanent jobs, which will create and contribute to the economy for 19 90 and years beyond. Now the Member wants to continue to pick into other areas.

Seeing he has the information before him he might like to look in the area of utilities where the 1990 intentions are showing increase of 31 .8 percent. So, Mr. Speaker, and if he wants to look at the total as a whole over all of the sectors of our economy, we have a situation where the 1990 intentions are to show 9.2 percent growth over 19 89, which was 9 percent greater than 19 88, all on the positive side, all positive economic growth, and all virtually leading the nation. Mr. Leonard Evana: Mr.

Speaker, it is interesting the strongest elements in investment growth are in the public sector and in institutions and Government departments as well as utilities. Mr. Spe aker, about manufacturing, it is to see that the decline in manufacturing investment Manitoba is not occurring in any of the other western provinces, including Saskatchewan, in 1990. Indeed for Canada as a whole, manufac turing investment is expected to rise by 11 percent. In effect, Manitoba is going against the national trend in manufacturing. Is the Minister, Mr.

Speaker, now ready to concede that his Government's economic policies are failing to generate growth in the manufacturing sector in this province? Mr. Marmess: Well, Mr. Speaker, what I am prepared to concede is that the taxes that are in existence today in Manitoba are still too high. We have tried in our own way to moderate them in two years. We will continue to do that. Ob viously , in 19 89 a large element within the manufacturing industry sector saw some hope and promise in this province, saw fit to increase investment by 83.8 percent.

Indeed, for 19 90 and beyond, as we continue to show good management, as we continue to bring budgets down that are going to continue to reduce taxes, hopefully now supported by the Liberals and Op position, for years to come, I can assure Mem bers that manufacturing will continue to increase in this province. Government Initi atives Mr. Leonard Evans (Brandon East): Mr.

Speaker, given the fact that there is an obvious weakness in our manufacturing sector as revealed not only by the job losses, but also because of further decline that is expected because of the announced closur e of Campbell Soup that is coming down the line, and because of other industries that are negatively affected by the Free Trade Agreem ent-W estern Harne ss Company is another example-is this Government ready to take any new initiatives to enhance the manufacturing sector in this province? Hon. Clayton Manness (Minister of Finance): Well, Mr. Speaker, I do not know where the Member is coming from.

He acknowledges that in 1989 there was �ood growth within the manufacturing sector of this province. There will be announcements forthcoming with respect to another major initiative in the next number of days, which no doub t will represent again a sign ificant increase in the area of manufacturing and service- 5915

Wednesday, March 14, 19 90 related jobs, particularly in the City of Winnipeg. Beyond this, Repap, indeed Conawapa, those projections are nowhere factored into 19 90. We know that they are coming in'91,' 92 and'93. Therefore, growth beyond 19 90 is not only positive but it may be in the area of 100 percent or 15 0 percent. This province is positioned well for major economic growth in the decade of the'90s. Manitob a Data Services Systemhouse Proposal Mr. John Angus (St. Norbert): Mr. Speaker, we know why Repap has not been factored in. Nothing has happened.

On a more serious note-I apologize for that-in the throne speech of May of last year, the Government announced the sale of MDS. Negotiations have been going on since that time, I suspect. It indicates in the Winnipeg Free Press that there are two finalists left. One of those finalists is Systemhouse of Ottawa. Today we learned tha t the chie f executive officer of Systemhouse has said publicly, and I quote, that the company is in severe financial difficulties. I would like to ask the Minister of Finance (Mr.

Ma nness) what this does to the negotiations, whether he is still negotiating with a company that is $800 million in the glue and possibly cannot honour any commitments that he may be leading us down the path to? * (1 410) Hon. Cl ayton Manness (Minister of Finance): Mr. Speaker, the Members of the House would recognize why I cannot give a full definitive answer to the question. I would indicate to the Member opposite, though, that all sources of information, including the report made in the paper yesterday, are taken into account.

Those that are written publicly, those that come to us by way of other sources are all taken into account and will be taken into account by the Cabinet leading to a decision. Employee Notificatio n Mr. John Angus (St. Norbert): Mr. Speaker, given the insensitive manner in which this Government has dealt with its employees in the past, the evidence that has come forward today -(interjection)- Mr. Speaker: Order, please; order, please. The Member for St. Norbert. Mr. Angus: Mr.

Spea ker, given that there are 23 1 emplo yees of MD S that have been wait ing for a considerable length of time wondering what is going to be happening to them, what assurances do we have from this Minister that these employees will be dealt with in a sensitive and fair fashion and that they will know exactly what the circumstances are going to be of this sale before the sale is concluded? Hon. Cl ayton Manness (Minister of Finance): Mr. Speaker, nobody is more concerned about the well being of the employees at the Manitoba Data Services than the Government of Manitoba.

I can indicate to 5916 the Member opposite that there may have been an announcement of an agreement and leading to a sale several months previous to this date, indeed, had the Go vernment not been as concerne d about the employees of MDS as we are. Let me also indicate to the Member that the MDS Bill, enabling legislation allowing for the sale and divestiture of Manitoba Data Services, is in comm ittee, and there are certain amendments that may be brought forward by the Government addressing certain aspects of the question.

I just would ask that the Mem bers of the Opposition allow the discussion to continue in committee on Bill 98. Mr. Angus: I am sure that we are prepared to deal witb any reasonable legislation that is brought forward. I would ask this Minister if on the amendments that he is suggesting he will give us adequate time to discuss the impact and measure the effect of these legislative suggestions that he is proposing with the MGE A and the workers at the Manitoba Data Services before we give blind approval to it. Mr. Manness: Mr. Speaker, the Member for St. Norbert (Mr.

Angus) and myself have had this discussion many, many times. I can indicate to him that if we can find our way into comm ittee, and if we can find our way through the presentations made, that the Government is prepared to look at tabling certain amendments, hopefully which will satisfy the Mem ber, hopefully which will satisfy other presenters to the committee. Let me say with respect to the agreement itself, this Government still believes in executive Government and that this Government will be held accountable for all decisions that it enters into should it decide to dispose of Ma nitoba Data Services.

Tha t is the way this Government accepts its responsibility and indeed will be held accountable should a decision be made to divest of Manitoba Data Services. Mr. Speaker: Time for oral questions has expired. HOUSE BUSI NES S Mr. Sp eaker: Ord er, please. The Ho nourable Government House Leader. Hon. James Mccrae (Government House leader): Mr. Speaker, I wonder if there would be a disposition in the House to recess the House for perhaps an hour or so, so that certain discussions can be had.

I would suggest that upon the termination of those discussions the House Leaders would indicate to the Speaker, who would see that the buzzer is sounded to call the Members back to the House. Mr. Speaker: Is there ag ree ment to recess for approximately one hour at which time I will be consulted and the bells will ring? Agreed? Agreed. The House is now recessed. * (1 415 )

Wednesday, March 14, 1990 RECESS * (16 57) Mr. Sp eaker: Or der, please; ord er, please. The Honourable Government House Leader. Hon. James Mccrae (Government House leader): Mr. Speaker, what I am about to announce I understand to be the result of the work of a number of people, including House Leaders, Assistant House Leaders and others in this House. I am announcing that at 8 p.m. this evening, the Industrial Relations Committee will meet in Room 255 to consider Bills 31, 57 and 80.

Also at 8 p.m. this evening, the Standing Comm ittee on Public Utilities and Natural Resources will meet in Room 254 to consider Bills 84, 92 and 98. Also at 8 p.m. in Room 230, the Law Amendments Comm ittee will meet to consider Bills 47, 48, 50, 51, 52, 101, 56, 59, 60, 72, 75 and 78. Also, Mr. Spea ker, I think I announced those Bills in consecutive numerical order.- (interjection)-I am sorry, I did throw 101 in the middle there, did I not? Mr. Speaker: That is right. Mr. McCrae: Honourable Mem bers are correct, so I have no objection to moving that one to the end of the list. Mr.

Reg Alcock (Opposition House leader): Mr. Spe aker, I belie ve the comm ittee sit tings of Law Amendments were to run consecutive to the of the Standing Committee on PUNR-n ot Mr.

Mccrae: A number of arrangements were worked out with Honourable Members and, indeed, certainly I am sure staff will be pleased to hear that the agreement amongst the House Leaders would be that after Bills 84, 92 and 98 in the Public Utilities and Natural Resources Committee, all of the Bills that I have announced for Law Amendments should, by leave, then be transferred to the Public Uti lities and Na tur al Resources Committee to follow upon Bills 84, 92 and 98. That can only be done with the agreement of Honourable Members and it is a transfer of Bills from one committee to another.

We recognize that Law Amendments has indeed already been dealing with those Bills that I have listed. If there are any problems with that from a procedural standpoint, I am sure all Honourable Members are prepared to give leave to waive the rules that would govern that kind of situation. Additionally, Mr.

Speaker, in terms of committee representation and substitutions of Members, I think it is fair to say that Honourable Mem bers on all sides would be prepared to allow the various political Parties to maintain their proper numbers in those comm ittees by way of substitution of one Member for another by the leave of the Mem bers of the committee. I think certainly for our part we can indicate that kind of leave would be forthcoming. * (1 700) In addition, Mr. Speaker, it is agreed that this House will stand recessed until-how shall I put it?

At 8 p.m. the House will be in recess, beginning at 8 p.m., so that after those comm ittees are finished their work, the House will be open and available for Honourable Members to be called by Your Honour so that we can return from the comm ittees and deal with the business before the House. If there are any qu estions or any clarifica tions required, I think right now would be the time to do it, Mr. Speaker. Mr. Speaker: The Honourable Member, for clarification or for committee changes? Mr. Ste11e Ashton (Second Opposition House leader): Just on commit tee changes. Mr.

Spe aker: We will do clarific ati ons first. The Honourable Opposition House Leader. Mr. Alcock: Mr. Speaker, I would just like to indicate our willingness to work with the honourable l'lnrP.1�l'll�IP. Members to facilitate the business that done tonight. should point out that there are a of conflicts that may arise, depending on way in which the Bills progress through the various committees, but the provisions to give leave are freely granted by this side to allow the substitutions to facilitate the of both committees to tonight. We certainly sit tonight. as much done as give leave to have the House Mr.

Ashton: In terms of substitutions, the House Leader (Mr. McCrae) was talking about referring the Bills-in fact running the PUNR and law Amendments one after the other. I just want to determine exactly what we will officially be doing, so that we could make our committee substitutions accordingly. Are we transferring all the Law Amendments Bills into PUNR or are we transferring the PUNR Bills into Law Amendments for tonight, just so that we could be clear in terms of which commit tee?

I just want to make it very clear officially what we are doing, whether we are transferring everything from PUNR into Law Amendments following the completion of the Bills that are in that place or are we dealing with Law Amendments Bills in PUNR. So I need to know that for our commit tee substitutions, just officially. Mr. Mccrae: Mr. Speaker, I think it is not necessary for us to transfer Bills from Law Amendments to PUNR .

Whichever committee is finished first, the Industrial Relations or PUNR, the Law Amendments Comm ittee could meet imme dia tely after the comp letion of deliberations in those committees, and that would save us that problem. So as long as everyone is available to attend Law Amendments Committee, after whichever of the other two committees is completed first, that is what we would do. There will be no committee sitting in Room 230. Mr. Speaker: Order, please. Is it the will of the House that I do not see the clock? That is agreed? Agreed. 5917

Wednesday, March 14, 1990 COMMI TTEE CHANGES Mr. Speaker: The Honourable Mem ber for Thompson, with his commit tee changes. Mr. Steve Ashton (Second Opposition House Leader): Mr. Speaker, I have some comm ittee changes. I move, seconded by the Mem ber for Concordia (Mr. Doer), that the Law Amendments Comm ittee be amended as follows: the Member for Elmwood (Mr. Maloway) for the Member for Thompson (Mr. Ashton), and that was for the Ma rch 12, eight o'clock sit ting, Law Amendments. The March 13, Industrial Relations sitting-I move, seconded by the Member for Concordia (Mr.

Doer), that the Industrial Relations Committee be amended as follows: the Member for Logan (Ms. Hemphill) for the Member for The Pas (Mr. Harapiak). For the sitting of the Public Utilities and Natural Resources Comm ittee tonight, I move, seconded by the Mem ber for Concordia (Mr . Doer), th at the composition of the Standing Committee on Public Utilities and Natural Resources be amended as follows: the Member for Dauphin (Mr. Plohman) for the Member for St. Johns (Ms. Wasylycia-Leis). Mr. Speaker: Is that agreed? Agreed. The Honourable Member for lnkster, with his commit tee changes. Mr.

Kevin Lamoureux (lnkster): Mr. Speaker, I move, seconded by the Member for Springfield (Mr. Roch), that the composition of the Standing Committee on Public Utilities and Natural Resources be amended as follows: Assiniboia (Mr. Mandrake) for Wolseley (Mr. Taylor). In addition, I move, seconded by the Member for Springfield (Mr. Roch), that the composition of the St anding Com mi ttee on Ind ustrial Relat ions be amended as follows: Transcona (Mr. Kozak) for Selkirk (Mrs. Charles). Mr. Speaker: Is that agreed? Agreed. The Honourable Mem ber for Gimli (Mr. Helwer) with his comm ittee changes. No changes? Okay.

That will be done, by leave, if need be. We have been advised, therefore, that Industrial Relations will deal with Bills 31 , 57, 80 in 255; 254, PUN R-di spense. Everybody understands, sort of? This House is now recessed until the call of the Chair. •

(1705) RECE S S *

(2325) Hon. James Mccrae (Government House Leader): Mr. Speaker, I move, seconded by the Honourable Minister of Finance (Mr.

Manness), with the leave of the House, that Bill No. 47, The Dependants Relief Act; Bill No. 48, The Intestate Succession and Consequential Amendments Act; Bill No. 50, The Wills Amendment 5918 Act; Bill No. 51, The Marital Property Amendment Act; Bill No. 52, The Family Mai ntenance Amendment Act; Bill No. 56, The Workers Compensation Amendment Act (2); and Bill No. 101, The Statute Re-enactment and By-law Validation (Municipal) Act be withdrawn from the Standing Committee on Law Amendments and that these Bills be transferred to the Standing Comm ittee on Industrial Relations. Mr.

Sp eaker, I have mo ved this motion on the understanding that the order that these Bills would be dealt with in Law Amendments is 56, 101, 47, 48, 50, 51, and 52. Mr. Speaker: It has been moved by the Honourable Go vernment Ho use Leader, seco nded by the Honourable Mi nister of Finance (Mr . Manness) dispense. It was done by leave, that is agreed? Agreed. ORDERS OF THE DAY Hon. James McCrae (Government House Leader): Mr. Speaker, would you be so kind as to call Bill No. 103?

DEBATE ON SE COND READINGS Bill NO. 103- THE STATUTE LAW AMEN DMENT (RE-ENACTED STATUTES ) ACT, 1990 Mr.Speaker: Debate on second reading on the proposed motion of the Honourable Minister of Justice (Mr. McCrae), Bill No. 103, The Statute Law Amendment (Re-enacted Statutes) Act, 1990; Loi de 1990 modifiant diverses dispositions legislatives (Lois readoptees), standing in the name of the Honourable Member for Osborne (Mr. Alcock). Is there leave that this matter remain standing? No? Some Honourable Members: No. Mr. Speaker: No leave.

Therefore the Honourable Member has lost his right to speak on second reading on Bill No. 103. QUES TION put, MOTION carried. Mr. Mccrae: Mr .. Speaker, I would suggest that there might be a disposition that the House could again stand and recess at the call of the Chair. Mr. Speaker: This House is now recessed until the call of the Chair. RECE SS *

(0150) SPEA KER'S RULI NGS Mr. Speaker: Order, please; order, please. I have several rulings for the House, several outstanding rulings.

Wednesday, March 14, 1990 On November 28, 1989, during Oral Questions, the Deputy Speaker took under advisement a point of order raised by the Honourable Member for Churchill (Mr. Cowan) respecting the admissibility of questions calling upon the Government to table specific legal opinions or to inform the House of specific legal advice received. This is a matter which has been the subject of uncertainty and controversy for a number of years but on which there has not been a definitive ruling to date. Practice in this area has not developed into a consistent pattern. Research has identified the following references relating to legal opinions: Beauchesne's, 6th Edition, Citation 408(1)(

c) states: "A question should not require an answer involving a legal opinion." Beauchesne's, 6th Edition, Citation 409(3) states in part: "The question . . . cannot seek an opinion either legal or otherwise." Beauchesne's, 6th Edition, Citation 41 1(1) and (2) states: "A question may not: (1) ask a solution of a legal question such as the

interpretation of a statute. (2) seek information about matters which are in their nature secret, such as decisions or proceedings of Cabinet or advice given to the Crown by the Law Officer." Beauchesne's, 6th Edition, Citation 41 0(13 ) states: "A question should not seek a legal opinion or inquire as to what legal advice a Minister has received." House of Commons Annotated Standing Orders 19 89, page 11 7, commentary on Standing Order 37(1) and (2) includes the following: "They (questions) should not seek a legal opinion or inquire as to what legal advice a Minister has received." Beauchesne's, 4th Edition, Citation 18 3 states: "It is not imperative for the Minister of Justice or the Solicitor General to reply to questions seeking information on legal points rising out of measures before Parliament or relating to matters of public interest.

They are the legal advisers of the Government and in that capacity are confidential officers, and nothing could be more inconvenient than that they should be liable to be interrogated by Members as to the advice they have given or may be called upon to give to any department of Government, or as to their opinion upon the construction of a statute or other document, or upon abstract questions of law which need to be judicially determined.

Consideration of public policy and a due regard to the interest of the state occasionally demand that information sought for by Mem bers of Parliament should be withheld at the discretion and upon the general responsibility of Ministers." Bourinot (4th), on page 31 4, states: "Whil e explanations of the intentions of the Government or of a Minister may be asked, their opinion on a matter of policy or of law is not a proper subject of inquiry." And on the same page: "N or are (questions) usually put on matters ... which involve a question of law." Erskine May, on page 341 states: "Questions seeking an expression of opinion on a question of law, such as the

interpretation of a statute, or of an international document, a Minister's own powers, etc. are not in order since the courts rather than Ministers are competent in such matters." And on page 343: "The opinions of the law officers of the Crown being confidential, are not usually laid before Parliame nt or cited in de bate, and their production has frequently been refused; but ii a Minister deems it expedient that such opinions should be made known for the information of the House, he is entitled to cite them in debate ." A review of Manitoba practice during the terms of the 31s t, 32nd and 33rd Legislatures revealed that Mr.

Speaker Graham ruled questions seeking legal opinions out of order on May 8, 1979 and May 27, July 4 and July 21, 1980. He also ruled that similar questions asked on July 18, 19 78, April 22, June 27 and July 8, 1980 and on February 16 , 1981 would have to be rephrased to be in order. Mr. Speaker Walding, on April 25, 1985, ruled out of order a question seeking a legal opinion. Additionally, on February 14 and May 11 , 14 and 15, 1984, he requested that questions seeking legal opinions be rephrased.

Madam Speaker Phillips on June 3, 19 86, and May 19 and July 19, 19 87, ruled out of order questions seeking legal opinions. It is quite correct, as the Honourable Member for Churchill (Mr. Cowan) pointed out on page 3330 of Hans ard , that the practice whereby Ministers are prepared to table written legal opinions has become fairly common. Nevertheless, the practice is not entirely in step with the authorities cited.

Therefore I am ruling as a compromise between existing practice and the authorities quoted, that in future questions will be allowed which inquire if a Minister has received a written legal opinion, and if so, request that he or she table it, but questions which call upon a Minister to state his or her own opinion on a question of law will not be allowed. ***** Mr. Speaker: On December 4, 1989, I took under advisement a matter of privilege raised immed iately after Oral Questions by the Honourable Member for Flin Flon (Mr. Storie).

I have reviewed carefu lly the rema rks of the Honourable Member and those of the Honourable Minister of Rural Development (Mr. Penner) which led to a matter of privilege being raised. * (0200) 5919

Wednesday, March 14, 1990 What occurred was a clear dispute over the facts. Maingot, on pages 19 0 and 191, points out that "A dispute between two Mem bers about questions of fact said in debate does not constitute a valid question of privilege because it is a matter of debate." Manitoba practice requires that a Memb er raising a matter of privilege must conclude his or her remarks with a substantive motion. In this case, the Honourable Member for Flin Flon (Mr. Storie) did not conclude his remarks with a subs tant ive motion.

In the past, Speakers Graham, Walding and Phillips have ruled out of order matters of privilege which were not concluded with a motion. For the reasons indicated, I must therefore rule the matter raised by the Honourable Mem ber for Flin Flon out of order as a matter of privilege. ***** Mr. Speaker: On Janua ry 10, 19 90, during debate on a motion to refer a matter to the Standing Comm ittee on Privileges and Elections, the Acting Speaker, the Honourable Member for St. Boniface (Mr. Gaudry), took under advisement a point of order raised by the Honour able Mem ber for Osborne (Mr .

Alcock) respecting words spoken by the Honourable Minister of Finance (Mr. Ma nness) which allegedly impugned the motives of the Honourable Member for St. Norbert (Mr. Angus). Once again, this is a situation in which there was a dispute over the facts. As I have said to the House before, this is a place in which Mem bers hold strong and frequently opposing views. As I have also said before, Mem bers can assist the House to get on with its business by choosing their words carefully. My ruling therefore is that the Honourable Member did not have a point of order. Mr.

Speaker: On December 14, during Oral Questions, the Honourable Minister of Urban Affairs (Mr. Ducharme) rose and responded to a question which he had taken as notice on December 12, whereupon the Honourable Member for lnkster (Mr. Lamoureux) rose on a point of order alleging that the Honourable Minister had not taken a question as notice at the earlier sitting referred to. I agreed to take the matter under advisement in order to review Hansard.

In the exchange which occurred on December 14 , as recorded on page 3820 of Hansard, the Honourable Minister indicated that he believed he had said on the 12 th that, "I would bring additional information back to the House." My review of page 3729 of Hansard for the 12 th revealed that the Minister responded "I will give him that report," and very shortly thereafter, "I will get that for the Mem ber." The Minister apparently intended to bring a response back to the House although his words on the 12 th did not make that very clear.

I would suggest to all Honourable Ministers intending to bring a response back to the House at a subsequent sitting that they make this intention very clear to the House when the matter is first raised. Members of the Opposition Parties do have an understandable concern if what they regard as a disproportionate amount of the Question Period is used up by Ministers responding to questions taken as notice or perhaps previously answered in whole or in part. In my opinion the Honourable Member for lnkster (Mr.

Lamoureux) did have a point of order, in that the Mi nister had not clearly stated that he was taking the question as notice or under advisement, which is the usual practice of this House. ***** Mr. Speaker: On January 23, 1990, I took under advis ement a ma tter of privilege raised by the Honourable Minister of Labour (Mrs. Hammond) in which she alleged that the Honourable Member for The Pas (Mr. Harapiak) "had placed false information on the record" on Janu ary 22.

Specifically, the Honourable Minis ter stated tha t the references made by the Honourable Member to the cutting of gas inspection positions were not correct. I listened to the remarks of the Honourable Mem bers when this matter was brought to the attention of the House and thank them for their advice. I have received the advice on pages 4594 and also on 4595 of Hansard. I have examined appropriate references in the various authorities which we consult in these matters. The following apply in this case.

Beauchesne's 6th Edition in Citations 31(1) points out: "A dispute arising between two Members, as to allegations of facts, does not fulfil! the conditions of parliam enta ry privilege." In the Fifth Edition , Beauchesne's Citation 323(1) states: "Unparliamentary words (such as words alleging tha t a Member has deliber ately put false inforn1ation on the record) may be brought 1o the attention of the House by the Speaker or by any Mem ber.

When the question is raised by a Member it must be as a point of order and not as a question of privilege." Based on the above references and on rulings by previous Manitoba Speakers on similar issues, I must rule that the Honourable Minister of Labour (Mrs. Hammond) does not have a matter of privilege. ***** Mr. Speaker: On Januar y 22, 19 90, immediately before Oral Questions, the Honourable Member for The Pas (Mr. Harapiak) rose on a matter of privilege alleging that the Honourable Minister of Labour (Mrs.

Hammond) had given "misleading information" to the House by indicating in response to a question on January 8 that: "M y department is reviewing the inspection of boilers and of the chimneys." The Honourable Member for The Pas also alleged to the House that it was clear from Order-in-Council 14 59 issued on December 20, 19 89, that the Honourable Minister "had already further gu tted such inspec tions and was deli berately withholding such information from the public. " 5920

Wednesday, March 14, 1990 The Honourable Member concluded his remarks, in accordance with Manitoba practice, with the following motion: "THAT this House censure the Minister of Labour (Mr s. Hammond) for her contempt of the privileges of the Members of the Legislature, and by deliberately misleading all Members by stating that she was reviewing policies concerning gas inspections when in fact she had already reduced regulations concerning such inspections and had not released them publicly." When the Honourable Member raised this matter he also tabled in the House a copy of Order-in-Council 14 59.

The Honourable Government House Leader (Mr. McCrae), when this matter was raised, asked that it be taken under advisement to provide Honourable Mem bers with an opportunity to study it before having to speak on the issue of whether or not the conditions of privilege had been met and that he be given an opportunity to speak before my ruling is given to the House.

I believe that it is a long-established practice of this House that at the time a matter of privilege is raised the Speaker hears comments from a small number of Members, usually one from each party, and then takes the matter under advisement, subsequently returning to the House to give his or her ruling. I do not believe that it would be appropriate for me to decide on my own to vary this practice.

A decision to alter existing practice in this matter would have to be made, I believe, by unanimous consent if it were to apply to one isolated case or on recommendation of the Rules Comm ittee if the change was intended to be a permanent one. ..

(0210) I have reviewed the remarks, recorded on pages 4508 and 4509 of Hansard, of those Honourable Members who advised the Chair on January 22, when this matter was raised, and I thank them for their assistance. I have also examined page 4085 of Hansard for Janu ary 8, when the question giving rise to this issue was asked. Additionally, I obtained legal advice concerning the precise effect of Order -in- Council 14 59 and was informed that "the amendment gives the Minister the authority to issue licences to certain persons 'to install, service or repair' oil burning equipment." There is no mention of the word "inspection" in the new subsection, nor in the other four subsections of

Section 6. The Order-in-Council amended the regulations by adding a new subsection to

Section 6. The Honourable Member for the Pas (Mr. Harapiak) has charged the Honourable Minister of Labour (Mrs. Hammond) with deliberately misleading the House. In my ruling of January 17, 19 90, and in Madam Speaker Phillips' ruling of August 21, 19 86, it was pointed out that "a Member raising a matter of privilege which charges that another Member has 'deliberately misled' the House or a comm ittee must support his or her charge with proof of intent." That ruling was based on two extracts from the authorities which I believe I should bring to the attention of the House.

These are: May (20th edition), page 149: "The House may treat the making of a deliberately misleading statement as a contempt.

In 1963 the House resolved that in making a personal statement which he later admitted not to be true a former Member had been guilty of a grave contempt." Maingot, page 205: "To allege that a Mem ber has misled the House is a matter of order rather than privilege and is not unparliamentary whether or not it is qualified by the adjectiv e 'unintentionally' or 'inadvertently.' To allege that a Member has deliberately misled the House is also a matter of order, and is indeed unparliamentary. However, deli berately mis lead ing statements may be treated as a contempt." The Honourable Member for The Pas (Mr.

Harapiak) has failed to provide any proof that the Honourable Minister intended to mislead the House or indeed that she did so. Therefore, I must rule the motion of the Honourable Member for The Pas out of order as a matter of privilege. ***** Mr. Speaker: On December 13, 1989, during debate on Private Member's Resolution No. 28, the Honourable Member for Osborne (Mr. Alcock) raised a order regarding words spoken in de bate Honourable Member for Concordia (Mr.

Doer) which, in the opinion of the Honourable Member for Osborne, suggested that mem bers of the City Council, who subsequently were elected to the Legislature, had accepted payments for decisions made by the Council. I have reviewed with care page 3808 of Hansard, on which this incident is recorded. In my opinion, it is not clear that the Honourable Member for Concordia was making the kind of serious personal charges alleged. I note also that in his remarks, immed iately after I took the matter under advisement, he did make it very clear to the House that he was alleging no wrongdoing.

The matter, therefore, is satisfactorily concluded. I note too that immed iately before recognizing the Honourable Member for Osborne (Mr. Alcock), I had ruled out of order a virtually identical point of order raised by the Honourable Member for Wolseley (Mr. Taylor). I am sure that the Honourable Member for Osborne did not intend, by raising again a matter just concluded, to question or otherwise reflect on a ruling of the Chair which, as I think he knows, is contrary to the accepted Rules and practices of this House.

There is a correct process by which to challenge a ruling of the Chair whenever that is his wish. For the reaso ns stated, I am ruling tha t the Honourable Member for Osborne did not have a point of order. 5921

Wednesday, March 14, 19 90 ***** Mr. Speaker: On February 9, 19 90, I took under advisement a point of order raised by the Honourable Member for The Pas (Mr. Harapiak) respecting the word "scumbag" allegedly sp oken by the Ho nourable Minister of Co-operative, Consumer and Corporate Affairs (Mr. Connery) with reference to the Honourable Member for Churchill (Mr. Cowan). I have perused Hansard, as I told the House I would. On page 517 3, the word "scumbag" is attribut ed to "An Honourable Mem ber." There is no indication of the identity of the Mem ber by whom it was spoken or to whom it was directed.

Before ruling, I should point out that the word complained of does nothing for the decorum of the House, and it is not the type of language which I believe Honourable Members want used in this place. Because the word was not attributed to a specific Mem ber, I must rule that the Honourable Member for The Pas (Mr. Harapiak) does not have a point of order. ***** Mr. Speaker: On December 7, 19 89, during Oral Questions, I took under advisement a point of order raised by the Honourable Member for Thompson (Mr.

Ashton) respecting the words "deliberately putting false information on the record" used by the Honourable First Minister (Mr. Filmon). I have examined the references in Beauchesne's Citation 489 with respect to unparliamentary language and note that words and phrases which imply that the House has been deliberately misled or deliberately nrr>vir!<>n with inaccurate or incorrect information have consistently been ruled unparliamentary.

I note also that Speaker Lamoureux of the House of Commons of Canada, in his ruling of March 7, 19 74, stated that "I t is not unparliamentary to suggest that another Member has made misrepresentations or has misled the House. What is unparliamentary, and has been ruled on very often, is to suggest that it was intentional, willful - that kind of concept." I must therefore rule that the words spoken by the Honourable Premier (Mr. Filmon) were unparliamentary and must request that he withd raw them. The Honourable First Minister.- (interjection)-Order, please. The Honourable First Minister. Hem.

Gary Filmon (Premier): Mr. Spe aker, I hope that you will allow me to withdraw those unparliamentary words. I would not want to leave them on the record in respect to your ruling, Sir. Mr. Speaker: I would like to thank the Honourable First Minister. * (0220) 5922 INTROD UCTION OF BILLS Hon. James Mccrae (Govemment House leader): Mr. Speaker, would you be so kind as to call Bill No. 106? Bill NO. 106- THE RURA L MUNI CIPALITY OF VICTOR IA BEACH BY-LAW VALIDATION ACT Mr.

Darren Praznik (lac du Bonnet) introduced, by leave, Bill No. 106, The Rural Municipality of Victoria Beach By-law Validation Act; Loi validant l'arrete sur la municipalite rurale de Victoria Beach. SE COND READINGS Bill NO. 10 6-THE RURA L MUNIC IPALITY Of VICTOR IA BEACH BY-LAW VALIDATION ACT Mr. Darren Praznik (lac du Bonnet) presented, by leave, Bill No. 106, The Rural Municipality of Victoria Beach By-law Validation Act; Loi validant l'arrete sur la municipalite rurale de Victoria Beach, for second reading, to be referred to a committee of the House.

I would also like to seek leave of this House to waive Rule No. 84 subject to a certified copy of the by-law being filed with the Clerk of the House. MOTION presented. Mr. Praznik: Mr. Speaker, I have been instructed to use one well-crafted sentence, and so I would like to say to our colleagues on both sides of the House, thank you for their support in allowing this Bill to be put before the House. QUESTION put, MOTION carried. Mr. Mccrae: Mr. Speaker, I cannot help but point out that the speech was a run-on sentence. Mr. Spea ker, this Bill would be referred to the Comm ittee of the Whole a little later. Mr.

Speaker: Order, please. We are informed that Bill No. 106 will be referred to Committee of the Whole a little later, by leave? Agreed? Agreed. The Honourable Government House Leader. DEBATE ON SECON D REA DINGS Hon. James Mccrae (Government House Leader): Mr. Speaker, would you be so kind as to call Bills Nos. 99 and 100. Bill NO. 99-THE APPROP RIATION ACT, 1989 Mr. Speaker: On the prop osed mo tion of the Honourable Minister of Finance (Mr. Manness), Bill No. 99, The Appropriation Act, 19 89; Loi de 19 89 portant affectation de credits, standing in the name of the

Wednesday, March 14, 1990 Honourable Member for Radisson (Mr. Patterson), who has two minutes remaining, the Honourable Member for Radisson. Mr. Allan Patterson (Radisson): Thank you, Mr. Speaker. I have concluded my remarks on this Bill. Mr. Speaker: Bill No. 99, standing in the name of the Honourable Member for Ellice (Ms. Gray), who has 21 minutes remaining, the Honourable Member for Ellice. Ms. Avis Gray (Emce): Thank you, Mr. Sp eaker. It gives me great pleasure this morning to conclude my remarks on this Bill. QUESTI ON put, MOTION carried. Bill NO. 10 0- THE SUPPLEME NTARY APPROPRIA TION ACT, 19 89 Mr.

Sp eake r: On the propo sed mo tion of the Honourable Minister of Finance (Mr. Manness), Bill No. 100, The Supp lementary Appropriation Act, 1989; Loi de 19 89 portant affectation supplementaire de credits, standing in the name of the Honourable Mem ber for Nia kwa (Mr. Herold Driedger), who has 10 minutes remaining. Is there leave that this matter remain standing? An Honourable Member: No. Mr. Speaker: No leave. The Honourable Member has lost his opportunity to speak on second readings. QUEST ION put, MOTION carried. ***** Mr. Speaker: The Honourable Government House Leader, your intention, sir? Hon.

James Mc::Crae (Government House leader): Mr. Speaker, I move, seconded by the Honourable Minister of Environment (Mr . Cummin gs), that Mr. Speaker do now leave the Chair and the House resolve itself into a Comm ittee of the Whole to consider and report of Bills referred. MO TION presen ted and car ried and the Hous e resolved itself into a Committee of the Whole to consider and report of Bills referred, with the Ho nourable Member for Minnedosa (Mr. Gilleshammer) in the Chair. COM MITTEE OF THE WHOLE REPORT STAGE BILL NO. 99-THE APPROPRIATION ACT, 19 89 Mr.

Deputy Chairman (Harold Gilleshammer): The Comm ittee of the Whole will come to order to consider Bill No. 99, The Appropriation Act, 19 89 (Loi de 1989 portant affectation de credits). Again, I would remind Members that since the 240 hours for the consideration of measures related to Ways and Means, and Supply resolutions of the Committee of the Whole have expired, there will be no debate on this Bill. I will proceed to call the clauses and put the question. We shall proceed to consider Bill No. 99, clause clause.

Clause 1- pass; Clause 2- pass; Clause 3- pass; Clause 4- pass; Clause 5- pass; Clause 6- pass; Clause 7- pass; Clause 8- pass; Clause 9-pass; Clause 10- pass; Clause 1 i- pass;

Schedule A- pass;

Preamble- pass; Title- pass. Bill be reported. Bill NO. 10 0- THE SUPPLEME NTARY APPROPRIA TION 19 89 Mr. Deputy Chairman: The Comm ittee of the Whole will now proceed to consider Bill No . 100, The Supple mentary Appropriation Act. Again, I would remind Members that since the 240 hours for the consideration of measures related to Ways and Means, and Supply resolutions and Comm ittee of the Whole have expired-d ispense. Clause 1- pass; Clause 2- pass; Clause 3- pass; Clause 4- pass; Clause 5- pass; Clause 6- pass;

Schedule A- pass;

Preamble- pass; Title- pass. Bill be reported. Bill NO. 102-THIE STATUTE LAW AMENDMENT ACT Mr. Deputy Chairman: The Comm ittee of the will come to order to consider Bill 102, The Statute Law Amendment Act. Does the Honourable Minister of Justice (Mr. McCrae) have an opening statement? Does the Justice Critic from the official Opposition have a statement? Do we have a statement from the Member for Thompson? Mr. Steve Ashton (Second Opposition House leader): Although The Statute Law Amendment Act is supposedly dealing with some fairly minor changes, there are a couple of changes in this Bill which we have difficulties with.

Section i would eliminate the licensing requirement for motion picture projectionists. We have indicated in this House in correspondence to the Minister that we oppose any attempt to de-lic ense motion picture projectionists. We therefore will be opposing

Section 1. We also have concerns about

Section 40. I note that

Section 40 changes some requirements in The Steam and Pressure Plant Act for inspections. I would note that the position to do these inspections was eliminated by this Government as part of its Estima tes for this year. It is now several months, in fact, 11 and a half months, after it had eliminated that position, eliminating the requirement for the inspection. *

(0230) We do not believe that is the way in which we should be dealing with safety issues. We do not believe that 5923

Wednesday, March 14, 1990 this should be part of a Bill such as The Statute Law Amendment Act which is normally intended to deal with items which are of a housekeeping nature. So we will not support

Section 1, and we will not support

Section 40. I would suggest perhaps the Government Ho use Leader (Mr . Mc crae) ma y wish to look at withdrawing those particular sections. We will be more than willing to support other sections, but do have difficulty with those. Mr. Mark Minenko (Seven Oaks): I have had an opportunity to review this Bill in some detail. I would like to echo the comments of the Honourable Mem ber for Thompson (Mr. Ashton) about the concern that we have with respect to the matters that he raised.

However, there are also a number of other substantive matters that this Bill has included within its parameters that I would like to ask, at some opportunity, some questions of the Minister responsible for the various Acts that are being amended, and would seek advice from the Chair as to how we could go ahead and do this, whether it is the opportunity now or is there another opportunity. Can I ask the questions now then? Mr. Deputy Chairman: You may ask the questions. The Mem ber for Seven Oaks. Mr.

Minenlu:i: Okay, then I would like to ask the Minister responsible for The Amusements Act as to why the sections that are being repealed are in fact being repealed. I am just wondering if the Minister responsible could advise us as to those sections. Hon. James Mccrae (Minister of Justice and Attorney General): As the Minister responsible for this Bill, I take it the Honourable Member for Seven Oaks (Mr. Minenko) is referring to Clause 1, a matter of concern to Honourable Members in the New Democratic Party. I made information available to Honourable Mem bers explaining these sections.

I also make the commitment tha t if any of these secti ons are of concern to Honourable Members, we would agree to their deletion from this Bill and they can be handled in another way quite simply at the next Session. ll\ll r. Minenko: I would like to then draw the Honourable Minister's attention to Clauses 8(1) and (2), which deal with amendments to The Court of Queen's Bench Small Claims Practices Act. I have reviewed the Minister's comments that were provided and looked further into this matter.

I am just wondering if the Minister could advise us why this new jurisdiction is being given to the Small Claims Court and what particular problem is it addressing to date, and if he could perhaps provide an adequa te explanation, then perhaps we could let this come into force. Mr. Mccrae: This amendment comes about through consultation with the Chief Ju stice of the Manitoba Court of Queen's Bench, under which the Small Claims Court works. What this amendment would do would allow small claims hearing officers to decide matters of liability as opposed just to matters relating to monetary matters.

As the Honourable Member will know, there are times when the issue of damages in small accidents are not in dispute between insureds and Autopac and the issue of liability is the only issue to be decided. This amendment would allow small claims hearing officers to decide matters of liability. Mr. Minenko: The next matter I would like to refer to the attention of the Minister is Clause 12, dealing with The Dental Health Services Act.

The amendment which establishes remuneration to be paid to dentists who provide dental services on a basis other than a fee for-services rendered, I am just wondering if the Minister could provide us with an explanation as to why this is required. Is it to correct something now or is it to provide something new? Mr. Mccrae: I can tell the Honourable Member that

Section 12 amends

Section 9 of The Dental Health Services Act, to authorize retroactive regulations. This amendment makes the provision consistent with parallel provisions in other health Acts. This type of legislation would fall under another Minister's authority and quite frankly I do not believe it is the wish of the House to go through very many of these. If the Honourable Member has concerns we will remove them from the Bill and deal with them when more time is available. We have made available to Honourable Members an explanation , legislative counsel would have been available to the Honourable Mem ber.

I am not going to be able to answer questions for all of the other departments. These are statute law amendments that are routinely brought forward at the end of every Session and quite frankly if the Honourable Member has concerns we will agree to see those sections, as we have said with

Section 1 and the other one referred to,

Section 40- if the Honourable Member would like to list for me of the sections he has concerns with, I will tick them off and agree to their removal from this legislation, and we can deal with it in another way. Mr. Minenko: Well, I just want to advise the Minister, I am not being an obstructionist by asking him these questions. I have some concerns and they may well be explained away by the Honourable Minister of Justice (Mr. Mccrae). I have read the material that the Minister shows us, but I would like some more detail as to, because that was simply said, what the particular

section is. I understand that this Statute Law Amendment Act has become, over the years, unfortunately, more than simply correcting various drafting errors or so on, and that is where lies my concern. I am just wondering if the Minister would mind just bearing with me for another few moments and asking the Cham ber's indulgence to bear with me for another few moments, because these matters are of relative importance. I am not suggesting that we pull them. I am just unsure as to this addressing a particular matter in which the Government deals with these things.

I would like to then draw the Minister's attention to Clause 25, The Local Government Districts Act, where there is a change as to how certain individuals may be appointed as provided in The Civil Service Act and 5924

Wednesday, March 14, 1990 substituting, appointments by Cabin et. I am jus t wondering if the Minis ter could provide a short explanation as to why this particular clause is needed as part of this legislation, because again it is seeming to take something out of The Civil Service Act and then giving it to Cabinet to make those appointments. If the Minister could provide me with a sufficient explanation I am sure we could carry on. Mr. Mcc rae: Mr. Deputy Chairman, the explanation I can provide for the Ho nour able Mem ber is the explanation that I have already provided to the Honourable Membe r.

If the Honourable Member is not satisfie d with tha t information or wants mo re information, as I said, we will be quite happy to pull this provision from the Bill. Mr. Deputy Chairman: We will proceed with clause by-clause passage of the Bill. Shall Clause 1 pass? (pass) This is a rather lengthy Bill. Can we go in blocks of clauses? Clauses 2 to 10- (pass); Clauses 11 to 20- pass; Clauses 21 to 30- (pass); Clauses 31 to 40- (pass); Clauses- POINT OF ORDER Mr. Steve Ashton (Second Opposition House leader): On a point of order, Mr. Deputy Chairman. Mr.

Deputy Chairman: The Mem ber for Thompson, on a point of order. Mr. Ashton: I believe the Government House Leader (Mr. Mccrae) had agreed to withdraw Clauses i and 40. Mr. Deputy Chairman: Is it agreed that Clauses i and 40 are withdrawn? Agreed. * (0240) ***** Mr. Deputy Chairman: Clauses 41 to 45-(pa ss);

Preamble-( pass); Title-( pass). Is it the will of the committee that I report the Bill? The Honourable Minister of Justice. Mr. McCrae: Mr. Deputy Chairman, I move THAT sec tions 1 and 40 be struck out and that Legislative Counsel be authorized to renumber the Bill to reflect the changes adopted in this commit tee. (French version) II est propose que les articles 1 et 40 soient supprimes. II est propose que le conseiller legislatif soit autorise a renumeroter le projet de loi afin que soient refletes les changements adoptes par le comite. I move this motion in both the French and English languages. Mr.

Deputy Chairman: It has been moved by the Honourable Minister of Justice-d ispense. Bill NO. 10 3-THE STATUTE LAW AMEND MENT (RE-ENA CTED STATUTES) ACT, 19 90 Mr. Deputy Chairman: The Committee of the Whole will come to order to consider Bill 103, The Statute Law Amendment (Re-enacted Statutes) Act, 19 90; (Loi de 1990 modifiant diverses dispositions legislatives (Lois readoptees)). Does the Minister of Ju stice (Mr. McCrae) have an opening statement? Does the Justice Critic from the official Opposition, The Honourable Member for St. James (Mr. Edwards), have an opening statement?

Does the Member from the Second Opposition Party have an opening statement? We shall proceed to consider Bill No. 103 clause by clause. Shall Clause 1 be passed- pass. Can we proceed in blocks of clauses? Shall Clauses 2 to 10 be passed-p ass; Clauses 11 to 19- pass;

Preamble- pass; Title- pass. Bill be reported. Bill NO. 100-THE RURAL MUNICIP ALITY Of VICTORIA BEACH BY-LAW VALIDATION ACT Mr. Deputy Chairman: The Comm ittee of the Whole will come to order to consider Bill No. 106, The Rural Mu nicipality of Victoria Beach By-law Validation Act (Loi validant l'arrete sur la municipalite rurale de Victoria Beach). Does the Honourable Member for Lac du Bonnet (Mr. Praznik) have an opening statement? Some Honourable Members: No. Mr. Deputy Chairman: We shall proceed to consider Bill 106 clause by clause. Shall Clause 1 be passed pass; Clauses 2 and 3- pass;

Preamble- pass; Title pass. Bill be reported. Comm ittee rise. Call in the Speaker. IN SE SSION COM MITTEE REPORTS COMM ITTEE OF THE WHOLE Mr. Har old Gil leshammer (D eputy Ch airman of Comm ittee of the Whole): Mr. Speaker, the Committee of the Whole has consi der ed Bill No. 99, The Appropr iation Act, 19 89; Bill No. 100, The Sup plementary Appropriation Act, 1989; Bill No. 103, The Statute Law Amendment Act, 19 90; Bill No. 106, The Rural Mun icip ality of Victoria Beach By-law Validation Act, and has directed me to report the same without amendment.

Your committee has also considered Bill No. 102, The Statute Law Amendment Act, 1990, and has directed me to report the same with certain amendments. I move, seconded by the Honourable Member for Lac du Bonnet (Mr. Praznik), that the report of the Comm ittee of the Whole be received. MOTION presented and carried. 5925

Wednesday, March 14, 19 90 Hon. James Mccrae (Government House leader): I understand, Mr. Speak er, that we could now move to committee reports. Mr. Speaker: Is it agreed? Agreed. IND USTRIAL RELATIONS Mr. Parker Burrell (Chairman of Committ ees): Mr. Speaker, I beg to present the Third Report of the Comm ittee on Industrial Relations. Mr. Cl erk (Willi am Remnant): Your Stan ding Committee on Industrial Relations presents the following as their Third Report.

Your comm ittee met on Thursday, February 22, 19 90 at 10 a.m. and 8 p.m.; Friday, February 23, 19 90 at 2 p.m.; Saturda y, February 24, 19 90 at 10 a.m. and 2 p.m.; Monday, February 26, 19 90 at 10 a.m.; Tuesday, February 27, 19 90 at 10 a.m. and 8 p.m.; Wednesday, February 28, 1990 at 8 p.m.; Thursday, March 1, 19 90 at 10 a.m. and 8 p.m.; Friday, Ma rch 2, 19 90 at 2 p.m.; Saturd ay, March 3, 1990 at 10 a.m. and 2 p.m.; Monday, March 5, 19 90 at 8 p.m.; Tuesday, March 6, 19 90 at 10 a.m. and 8 p.m.; Wednesday, March 7, 19 90 at 8 p.m.; Thursday, March 8, 1990 at 8 p.m.; Tuesday, March 13, 1990 at 10 a.m. and 8 p.m.; and Wednesday, March 14, 19 90 at 8 p.m., in Room 255 of the Legislative Building to consider Bills referred.

Your commit tee elected Mr. Helwer as Chairperson at the 10 a.m. meeting of Thursday, February 22, 19 90, at the 2 p.m. meeting of Friday, February 23, 19 90, at the 8 p.m. meeting of Thursday, March 1, 1990, at the 8 p.m. meeting of Monday, March 5, 19 90, and at the 8 p.m. meeting of Thursday, March 8, 19 90. Your committee elected Mr. Burrell as Chairperson at the 8 p.m. meeting of Thursday, February 22, 19 90, at the 10 a.m. meeting of Thursday, March 1, 19 90, at the 10 a.m. meeting of Tuesday, March 6, 1990 and at the 8 p.m. mee ting of Tuesd ay, Mar ch 13, 19 90. Your committee elected Mr.

Praznik as Chairperson at the 8 p.m. meeting of Monday, March 5, 19 90. On March 14 , 1990, Bills Nos. 47, 48, 50, 51, 52, 56 and 101 were transferred from the Standing Committee on Law Amendments to your committee for clause-by clause consideration. Your comm ittee heard representations on Bills as follows: Bill No. 31 - The Labour Relations Amendment Act; Loi modifiant la

Loi sur les relations du travail; Ms. Susan Hart-Ku lbaba, Manitoba Federation of Labour Mr. Grant Mitchell, Private Citizen Mr. Ross Martin, Brandon and District Labour Council Mr. Peter Olfert, Ma nitoba Go vernment Emp loyees' Association Mr. David Newman, Mani toba Cham ber of Commer ce Mr. Frank Goldspink, Manitoba Communist Party 5926 Mr. Bill Gardner Jr ., Winnipeg Chamber of Commerce Mr. Leo Desilets, Manitoba-Winnipeg Building and Construction Trades Council Mr. Brian Hunt, United Steel Workers of America Mr. Colin Trigwell, United Food and Commercial Workers Mr. Denis Fitzpatrick, Private Citizen Mr.

Jim Murphy, The Operating Engineers Union, Local 901 Mr. Lou Harries, Private Citizen Mr. Ron Cote, Private Citizen Mr. George Bergen, Private Citizen Mr. Patrick Martin, United Bro therho od of Carpenters and Joiners of America, Local 343 Mr. Roland Doucet, Private Citizen . Ms. Anne Watson, Private Citizen Mr. Grant Rodgers, Private Citizen Mr. Rob Krez anski, Private Citizen Ms. Karen Bell, Private Citizen Ms. Shi rley Van Schie, Private Citizen Mr. Richard Naherny, Private Citizen Ms. Karen Graham, Amalgamated Clothing and Textile Workers Union, Local 459 Ms. Jenni fer Little, Private Citizen Ms.

Jan ice Briggs, Private Citizen Mr. Lorne Morriseau, Private Citizen Mr. Ro bert Watson, Human Resources Management Association Ms. Bev Seman, Private Citizen Mr. Robert De Groot, Private Citizen Ms. Jacqueline Smith, Private Citizen Ms. Sharon Christensen, Private Citizen Mr. Pat McDonnell, Private Citizen Mr. John Doyle, Private Citizen Mr. Bernard Christophe, Manitoba Food and Commercial Workers Union, Local 832 Ms. Sh irley Diakowich, Private Citizen Ms. Debbie Enstedt, Private Citizen Mr. A. Cerilli, Canadian Brotherhood of Railway Transport and General Workers Mr. Robert Olien, Private Citizen Mr.

Paul Williamson, Private Citizen Mr. George Smi th, Canadian Federation of Labour, Manitoba Council Ms. Lorraine Whitten, Private Citizen Mr. Art Demong, Private Citizen Mr. Grant Ogonowski, Private Citizen Ms. Shelley Spak, Private Citizen Mr. Terry Turcan, Private Citizen Ms. Shir ley Hamilton, Private Citizen Mr. Andy Smith, Westfair Foods Ltd. Mr. Patrick Joyce, Private Citizen Ms. Gail Sourisseau, Private Citizen Mr. Kenneth Em berly, Private Citizen Ms. Linda Fletcher, Private Citizen Ms. Kathy Kraychuk, Private Citizen Ms. Rose Buss, Private Citizen Ms. Mary Johnson, Private Citizen Mr.

Luc Jegues, Private Citizen Ms. Melany Jackson, Private Citizen Ms. Jul iette MacDougall, Private Citizen Ms. Lucy Marion, Private Citizen Ms. Donna Payne, Private Citizen Ms. Lila Hornby, Private Citizen Mr. Robert Zeigler, Private Citizen

Wednesday, March 14, 19 90 Mrs. Jan Malanowich, Private Citizen Mr. Dennis Atkinson, Private Citizen Mr. Robert Hilliard, Private Citizen Mr. Hugh McMeel, Private Citizen Mr. Daryl Reid, Private Citizen Mr. John Pullen, Private Citizen Mr. Len Sawatsky, Private Citizen Written Presentations Submitted: Manitoba Women's Agenda Mr. Terry Dingle, Private Citizen Mr. John Urkevich, Association of Emp loyees Supporting Educ ation Services Mr. Robert McG regor, Unicity Taxi Bill No. 57 - The Pension Benefits Amendment Act; Loi modifiant la

Loi sur les prestations de pension Mr. James McClelland, Private Citizen Ms. Bev Hindle and Mr. Allan Reiger, Private Citizens Mr. Jack King, Manitoba Bar Association Ms. Jeri Bjornson, Manitoba Charter of Rights Coalition Ms. Mo na Brown, Ma nitoba Assoc iation of Women and the Law Your commit tee has considered: Bill No. 50 - The Wills Amendment Act; Loi modifiant la

Loi sur les testaments; Bill No. 51 - The Marital Property Amendment Act; Loi modi fiant la

Loi sur les biens matrimoniaux; Bill No. 52 - The Family Maintenance Amendment Act; Loi mod ifiant la

Loi sur !'o bligation alimentaire; Bill No. 57 - The Pension Benefits Amendment Act; Loi modifiant la

Loi sur les prestations de pension; Bill No. 80 - The Civil Service Superannuation Amendment Act; Loi modifiant la

Loi sur la pension de la foncton publique; Bill No. 101 - The Statute Re-enactment and By law Valid ation (Mun icipal) Act;

Loi sur la readoption de lois et la validation d'arretes concernant diverses municipalites; and has agreed to report the same without amendment. Your commit tee has also considered: Bill No. 31 - The Labour Relations Amendment Act; Loi modifiant la

Loi sur les relations du travail; and has agreed to report the same with the following amendments: MOTION: THAT Bill 31 be amended by striking out

section 5 and substituting the following: "Review of final offer selection by committee 5(1) Notwithstanding

section 2, within 30 days of this Act receiving royal assent, the minister shall designate or establish a committee to undertake a comprehensive review of the final offer selection process as provided in

An Act to Amend The Labour Relations Act, S.M. 1987-88, c.58 (R.S. M. 19 87 Supp. c. 19). Comm ittee report 5(2) The committee designated or established by the minister for the purpose of subsection (1) shall within five months after being designated or established, submit a report to the minister, including: (

a) an assessment of the effectiveness of the final offer selection process; and (

b) recommendations as to whether the final offer selection process should be re-enacted and given statutory form as provided under S.M. 1987-88, c.58, in its original form or with modifications. Tabling of report 5(3) The minister shall lay the report referred to in su bsect ion (2) before the Legislativ e Assembly immedia tely if the Legislative Assembly is in session, or, if the Legislative Assembly is not in session, within 15 days of the beginning of the next ensuing session. Coming into force 6(1) Su bject to su bsection (2), this Act comes into force on January 1, 19 91. Coming into force:

section 5 6(2)

Section 5 comes into force on the day this Act receives royal assent." Your commit tee has also considered: Bill No. 47 - The Dependants Relief Act;

Loi sur !'aide aux personnes a charge; and has agreed to report the same with the following amendments: MOTION: THAT

section 5 be deleted. THAT clause 10(2)(

f) be deleted, and clause (

g) be renumbered as clause (f). MOTION: THAT subsection 19 (1) be struck out and the following substituted: "This Act subject to the The Dower Act 19

(1) The rights of a surviving spouse under The Dower Act have priority over the rights of a dependant under this Act." MOTION: THAT Legislative Counsel be authorized to change all

section numbers and internal references necessary to carry out the amendments adopted by this committee. 5927

Wednesday, March 14, 1990 Your commit tee has also considered: Bill No. 48 - The Intestate Succession and Consequential Amendments Act;

Loi sur les successions ab intestat et modifiant diverses dispositions legislatives; and has agreed to report the same with the following amendments: MOTION: THAT

section 3 be amended (

a) by deleting clauses (

a) and (c); (

b) by adding "or" at the end of clause (b); (

c) by renumbering clauses (

b) and (

d) as clauses (

a) and (

b) respectively. MOTION: THAT clause 3(

b) be struck out and the following substituted: "(

b) during the period of separation, one or both of the spouses made an application for divorce or an accounting or equalization of assets under The Marital Property Act and the application was pending or had been dealt with by way of final order at the time of the intestate's death;" MOTION: THAT subsection 17 .3(4) of The Law of Property Act, as adde d by sect ion 14, be amende d by adding "Su bject to

section 36 of The Wills Act," at the beginning of the subsection. THAT subsection 17 .3(5) of The Law of Property Act, as added by sect ion 14, be amende d by adding "Su bject to

section 36 of The Wills Act," at the beginning of the subsection. Your committee has also considered: Bill No. 56 - The Workers Com pensation Amendment Act (2); Loi no 2 modifiant la

Loi sur les accidents du travail; and has agreed to report the same with the following amendments: MOTION: THAT the definition of "accident" in subsection 1(1) of the Act, as proposed in

section 2 of the Bill, be amended by deleting subclauses (a)(iii) and (iv). MOTION: THAT the definition of "employer" in clause 2(

c) be amended by striking out clause (

a) and substituting the following: "(

a) a person (

i) who has in service under a contract for hiring or apprenticeship, written or oral, expressed or implied, a person engaged in work in or about an industry, or (ii) who employs a person for more than 24 hours a week (

A) in domestic service, (

B) as a sitter to attend primarily to the needs of a child who is a mem ber of the household, or (

C) as a companion to attend primarily to the needs of a child who is a member of the household;". MOTION: THAT the definition of "worker" in clause 2(

e) be amended by striking out clause (

j) and substituting the following: "(

j) a person who is employed for more than 24 hours a week by the same employer (

i) in domestic service, (ii) as a sitter to attend primarily to the needs of a child who is a member of the household, or (iii) as a companion to attend primarily to the needs of a child who is a member of the household;". MOTION: THAT

section 5 be amended by adding the following after clause (c): "(c.1) by repealing clause (c);". MOTION: THAT clause 1(3)(

f) of the Act, as proposed in

section 5 of the Bill, be deleted and the following substituted: "(

f) a person who (

i) ordinarily resides outside Canada; (ii) is employed in the cartage trucking industry by an employer whose principal place of business is outside Canada; and (iii) is temporarily working in or passing through the province." MOTION: THAT the Bill be amended by deleting

section 7. MOTION: THAT the Bill be amended by deleting

section 14. MOTION: THAT subsection 18(4) of the act, as proposed in

section 15 of the Bill, be amended by deleting ", unless excused by the board on the ground that the report for some sufficient reason could not be made,". MOTION: THAT subs ection 27(1.1) of the Act, as proposed in

section 22 of the Bill, be amended by deleting "or for 5928

Wednesday, March 14, 19 90 time lost from employment, or both, owing to the accident" and substituting "as a result of the accident". THAT subsection 27(1 1) of the Act, as proposed in sect ion 23 of the Bill, be amended by deleting "doctor's" and substituting "m edical". THAT

section 24 of the Bill be deleted. MOTION: THAT

section 50.1 of the Act, as proposed in

section 34 of the Bill, be amended (

a) by striking out "solicit and may consider nominations" and substituting "consult with"; (

b) by striking out "from" after "(a)" and after "(b)". MOTION: THAT

section 50.1, as ad ded by sect ion 34, be amended: (

a) by striking out "and" at the end of clause (a); (

b) by adding "and" at the end of clause (b); (

c) by adding the following after clause (b): "(

c) persons on whom assessments are levied under this Part and with workers in industries subject to this Part, regarding the appointment of persons representative of the public interest." MOTION: THAT clauses 51. 1(2)(

c) and (

d) of the Act, as proposed in

section 36 of the Bill, be struck out and the following substituted: "(

c) equal num bers of mem bers of the Board of Directors representative of workers, employers and the public interest, none of whom shall be an appeal commissioner:" THAT subsection 51.1 (3) of the Act, as proposed in

section 36 of the Bill, be amended by deleting everything after "Board of Directors". MOTION: THAT subsection 59(1) of the Act, as proposed in

section 41 of the Bill, be deleted and the following substituted: "C.E.O. and other employees 59(1) The Board of Directors shall appoint a person to be known as the Chief Executive Officer, and shall fix his or her salary and prescribe his or her duties, which shall include employing such persons as are necessary to carry out this Part, prescribing their duties and fixing their salaries; and the salaries shall be paid out of the accident fund." MOTION: THAT

section 44 of the Bill be amended (

a) by deleting proposed

section 60.3; (

b) by renumbering proposed

section 60.4 as 60.3; (

c) by adding the following after the new

section 60.3: Conflict of interest 60.4 An appeal commissoner shall not participate in the hearing of a matter in which he or she has a direct personal interest, or in which the chairperson of the Board of Directors determines that the appeal commissioner has an actual or apparent conflict of interest." MOTION: THAT subsection 97. 1(1) of the Act, as proposed in

section 79 of the Bill, be deleted and the following substituted: Research and safety programs 97.1(1) The board may conduct research and safety programs on acci de nt prevention, safety in the workplace, and treatment of workplace injuries, and on scientific, medical or other issues relating to workers compensation, and for that purpose the board may make such expenditures from the accident fund as it considers necessary or expedient." MOTION: THAT

section 88 of the Bill be deleted. MOTION: THAT

section 91 of the Bill be deleted. MOTION: THAT

section 93 of the Bill be deleted. MOTION: THAT

section 94 of the Bill be struck out and the following substituted: "Sub

section 105(10) repealed 94 Su bsection 105(10) is repealed." MOTION: THAT

section 95 of the Bill be deleted. MOTION: THAT

section 97 be amended as follows: (

a) in clause 109.1(1) (a), by adding "knowingly" before "ma kes a false statement"; (

b) in clause 109.1(1) (b), by adding "deliberately" before "fails to inform"; (

c) in clause 109. 1(1) (c), by adding "knowingly" before "ma kes a false statement"; (

d) in clause 109.1(1) (d), by adding "knowingly" before "ma kes a false statement"; (

e) by striking out the words following clause 109. 1(1) (

d) and substituting the following: 5929

Wednesday, March 14, 19 90 "is guilty of an offence and is liable (

e) where the person is a worker, to a fine not exceeding $1 ,000. or to imprisonment not exceeding three months, or both; and (

f) where the person is an employer, to a fine not exceeding $5,000. or to imprisonment not exceeding three months, or both." MOTION: THAT

section 100 of the Bill be deleted and the following substituted: "Accidents to which this Act applies 100 The following provisions of the Act, as amended by this Act, apply only with respect to accidents that occur on or after the day that this Act comes into force; (

a) sections 28, 29.1 and 32; (

b) the

definitions of "spouse" in subsection 1( 1) , and subs ections 1(8), 29(1) , 35( 1) , 77(3) and (4)." MOTION: THAT Bill 56 be amended by adding the following after

section 101: "Criminal acts lo which amendments apply 101.1 The amendments to subsection 1(2) of The Criminal Injuries Compensation Act under

section 101 of this Act apply only with respect to a criminal offence that occurs on or after the day that this Act comes into force." MOTION: THAT

section 10 5 of the Bill be struck out and the following substituted: "Coming into force 105 This Act comes into foce on a day fixed by proclamation." MOTION: THAT Legislative Counsel be authorized to change all

section numbers and internal references necessary to carry out the amendments adopted by this commit tee. All of which is respectfully submit ted. Mr. Burrell: Mr. Speaker, I move, seconded by the Honourable Member for La Verendrye (Mr. Pankratz), that the report of the committee be received. MOTION presented and carried. PUBLIC UTILITIES AND NATURAL RESOURCES Mr. Harold Gilleshammer (Chairman of Comm ittees): Mr. Speaker, I beg to present (by leave) the Third Report of the Comm ittee on Public Util ities and Natural Resources. 5930 Mr.

Cl erk (William Remnant): Your Standing Comm ittee on Public Utilities and Natural Resources presents the following as their Third Report. Your committee met on Thursday, March 1, Tuesday, March 6, and Thursday, March 8, 19 90, at 10 a.m. and Monday, March 12, 1990 at 3 p.m. and 8 p.m., in Room 254 of the Legislative Building, to consider Bills referred. On March 12 , 1990, at 3 p.m., your committee elected Mr. Helwer as Chairman and at 8 p.m., your committee elected Mr. Gilleshammer as Chairman. Your committee heard representations on Bills as follows: Bill No. 8 - The Endangered Species Act;

Loi sur les especes en voie de disparition .Mr. Jack Du bois, Mani toba Environmenta l Council Bill No. 9 - The Forest Amendment Act; Loi modifiant la

Loi sur les forets Mr. Ivan Balenovic, Mountain Quota Holders Association Mr. Lyle Spi cer, Southeast Quota Holders Bill No. 84 - The Waste Reduction and Prevention and Consequential Amendments Act;

Loi sur la reduction du volume et de la production des dechets et modifications correlatives Mr. Lance Mo rrison, Ma nitoba Soft Dri nk Recycling Inc. Ms. Jennifer Hillard, Consumers' Association of Canada Mr. Harvey Stevens, Manitoba Recycling Council Dr. Rob ert Fenton, The Recy cling Action Commit tee Mr. John Amor, The Packaging Association of Canada Bill No. 98 - The Manitoba Data Services Disposition and Consequential Amendments Act;

Loi sur !'alienation de la Commission des services d'informatique du Manitoba et modifications correlatives Mr. George Bergen, Private Citizen Ms. Annette Maloney, Private Citizen Mr. Peter Olfert, Ma nitoba Government Empl oyees' Association Mr. Ken Hildahl, Private Citizen Mr. Pat McDonnell, Private Citizen Your committee has considered: Bill No. 9 - The Forest Amendment Act; Loi modifiant la

Loi sur les forets; Bill No. 92 - The Manitoba Energy Foundation Repeal Act; Loi abrogeant la

Loi sur la Fondation manitobaine de l'energie; and has agreed to report the same without amendment. Your commit tee has also considered: Bill No. 8 - The Endangered Species Act;

Loi sur les especes en voie de disparition; and has agreed to report the same with the following amendments:

Wednesday, March 14, 19 90 MOTION: THAT subsection 2(1) be struck out and the following substituted: "Purposes 2(1) The purposes of this Act are: (

a) to ensure the protection and to enhance the su rvival of enda ngered and th reatened species in the province; (

b) to enable the reintroduction of extinct species into the province; and (

c) to designate species that are endangered or threatened with extinction in the province." MOTION: THAT

section 5 be amended (

a) by deleting the period at the end of clause (

c) and substituting a semi-colon; and (

b) by adding the following after clause (c): "and any biological status report prepared under this

section shall be made avai lable to the public." MOTION: THAT subsection 6(1) be amended (

a) by st riking out "ma y" and substituting "shall"; and (

b) by adding the following: "to advise the minister in respect of (

a) the purposes of this Act; (

b) species that are endangered, threatened or extinc t or whose habi tats are endangered; (

c) species that should be designated under

section 8; and (

d) any other matter pertai ning to th reate ned, endangered and extinc t species; and shall report to the minister every two years on the status of endangered species in the province." Your committee has also considered: Bill No. 84 - The Waste Reduction and Prevention and Consequential Amendments Act;

Loi sur la reduction du volume et de la production des dechets et modifications correlatives; and has agreed to report the same with the following amendments: MOTION: THAT

section 5 be amended by striking out "within 15 days of the beginning of the next ensuing session" and substituting: "The minister shall: (

a) without delay, provide a copy of the report to each Mem ber of the Legislative Assembly; (

b) make copies of t he report available to the public; and (

c) lay the report before the Legislative Assembly within 15 days of the beginning of the next ensuing session." MOTION: THAT subsection 6(1) be amended as follows: (

a) by striking out "commi ttees" in the

section heading and substituting "comm ittee"; (

b) by st riking out "ma y establis h advisory committees" and substituting "shall establish an advisory committee". MOTION: THAT subsection 6(2) be amended as follows: (

a) by striking out "commi ttees" in the

section heading and substituting "the committee"; (

b) by str iking out "an y comm ittee " and substituting "the committee". MOTION: THAT subsection 6(3) be struck out and the following substituted : "Powers and duties of commi ttee 6(3) The commit tee established under this

section shall advise the minister in respect of (

a) the purposes of this Act and its implementation; and (

b) any exemption proposed to be made by regulation under clause 22(1)(n); and shall exercise any powers and perform the duties and functions that the minister approves, confers or imposes on it." MOTION: THAT the English version of clause 17(

b) be amended by stri king out "enforcement" and subs tituting "environment". 5931 MOTION: THAT subsection 20(1) be amended as follows: (

a) by striking out "$1 ,000." and substituting "$25,000."; and (

b) by striking out "$5,000." and substituting "$250,000.". MOTION: THAT subsection 20(2) of the Bill be deleted and the following su bstituted:

Wednesday, March 14, 1990 Additional penalty 20(2) A judge may, in addition to any penalty imposed under subsection (1), require the convicted person to pay an additional fine that takes into account (

a) any monetary benefit , or estimated monetary benefit , that accrues to the convicted person as a result of the offence ; and (

b) any environmental damage that results from the commission of the offence, and the cost or estimated cost of rectifying the environmental damage ." Your committee has also considered : Bill No . 98 - The Manitoba Data Services Disposition and Consequential Amendments Act ;

Loi sur !'alienation de la Commission des services d'informatique du Manitoba et modifications correlatives; and has agreed to report the same with the following amendments : MOTION: THAT the following be added after

section 5 of Bill 98: "Definitions 5.1(1) In this section, "board" means The Civil Service Superannuation Board constituted pursuant to The Civil Service Superannuation Act; ("Regie") "date of purchase" means the day on which a purchaser purchases all or part of the assets or shares of Manitoba Data Services; ("date d'achat") "fund" means The Civil Service Superannuation Fund constituted pursuant to The Civil Service Superannuation Act; ("caisse " ) "pension plan" means the pension plan established for persons who are employees of Manitoba Data Services on the date of purchase. (" regime de pension") Superannuation benefits 5.1(2) For the purposes of this Act and notwithstanding The Civil Service Superannuation Act, (

a) Manitoba Data Services and the Minister of Finance may, in any proportion as between them that may be determined by the Minister of Finance , transfer to a trust account established by the Minister of Finance, an amount equal to the share which Manitoba Data Services has of the actuarial liability for benefits accumulated under The Civil Service Superannuation Act as a result of service to the date of purchase by persons who are employees of Manitoba Data Services on the date of purchase and who continue to be employees of the purchaser or the purchaser 's subsidiary for at least 60 days after the date of purchase , as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board , the Minister of Finance and the purchaser ; (

b) the Minister of Finance may, subject to subsection (4), transfer the amount held in the trust account mentioned in clause (

a) or any part of that amount to a pension trust fund established for the purchaser 's pension plan or for the pension plan of the purchaser 's subsidiary, as the case may be, or to the fund; (

c) the board may, subject to subsection (4), transfer to a pension trust fund established for the purchaser's pension plan or for the pension plan of the purchaser's subsidiary, as the case may be, an amount equal to the share which the fund has of the actuarial liability for benefits accumulated under The Civil Service Superannuation Act as a result of service to the date of purchase by persons who are employees of Manitoba Data Services on the date of purchase and who continue to be employees of the purchaser or the purchaser 's subsidiary for at least 60 days after the date of purchase, as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser; (

d) persons who were employees of Manitoba Data Services and who are receiving a pension or are entitled to a paid-up deferred pension from the fund on the date of purchase and persons who are employees of Manitoba Data Services on the date of purchase and who cease to be employees of the purchaser or the purchaser's subsidiary on or before a date which is 60 days after the date of purchase shall continue to be entitled to benefits determined in accordance with The Civil Service Superannuation Act, and Manitoba Data Services and the Minister of Finance shall transfer to the fund, in any proportion as between them that may be determined by the Minister of Finance, an amount equal to the share which Manitoba Data Services has of the actuarial liability for such benefits, as that liability and each of the elements used in arriving at that liability may be determined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser.

Date of determination 5.1(3) Every actuarial liability required to be determined under subsection (2) shall be determined as at the date of purchase and the amount of such liability shall be adjusted to reflect assumed investment proceeds, actual contributions received and benefits and expenses paid after the date of purchase and any amounts already transferred. Condition of transfers 5.1(4) No transfers shall be made under clause (2)(b), (

c) or (

d) until 5932

Wednesday, March 14, 1990 (

a) an agreement is executed between the Min ister of Fi nance and the pur chaser requiring the purchaser or a subsidia ry of the purchaser to estab lish a pension plan for persons who are employees of Manitoba Data Services on the date of purchase that is equivalent, to the extent possible, to The Civil Service Superannuation Act; and (

b) the purchaser's pension plan established as described in clause (

a) has been accepted for registration under The Pension Benefits Act.

Definitions 5.2(1) In this section, "b oard" means The Civil Service Superannuation Board constituted pursuant to The Civil Service Superannuation Act; ("R egie") "d ate of purchase" means the day on which a purchaser purchases all or part of the assets or shares of Mani toba Data Services; ("da te d'achat") "group insur ance plan" means the group insurance plan established for persons who are employees of Manitoba Data Services on the da te of pur chase. ("r egime d' assu ranc e collective") Insurance benefits 5.2(2) For the purposes of this Act and notwithstanding the Public Servants Insurance Act, (

a) the board may, subject to su bsection (4), transfer to a separate trust fund established for the purchaser's group insurance plan or for the group insuranc e plan of the purchaser's subsid iary, as the case may be, an amount equal to the actuarial liability for benefits accumula ted under The Public Servants Insurance Act as a result of service to the date of purchase by persons who are employees of Manitoba Data Services on the date of purchase and who continue to be emp loyees of the pur chaser or the purchaser's subsidia ry for at least 60 days after the date of purchase, as that liability and each of the elements used in arriving at tha t liabili ty ma y be det ermined by the board's actuary and accepted by the board, the Minister of Finance and the purchaser; (

b) persons who were employees of Manitoba Data Services and are entitled to benefits under The Public Servants Insurance Act and persons who are employees of Manitoba Data Services on the date of purchase and who cease to be employees of the purchaser or the purchaser's subsidia ry as a result of retirement or disablement on or before a date which is at least 60 days after the date of purchase shall continue to be entitled to benefits determined in accordance with The Public Servants Insurance Act.

Date of determination 5.2(3) Every actuarial liability required to be determined under subsection (2) shall be determined as at the date of purchase and the amount of such liability shall be adjusted to reflect assumed investement proceeds, actual contributions received and benefits and expenses paid after the date of purchase and any amounts already transferred. Condition of transfers 5.2(4) No tranfers shall be made under this

section until: (

a) an agreement is execu ted between the Mini ster of Fina nce and the purcha ser requiring the purchaser or a subsid iary of the purchaser to estab lish a group insurance plan for persons who are employees of Mani toba Data Servic es on the da te of purchase that is equivalent, to the extent possible, to The Public Servants Insurance Act; and (

b) the group insurance plan established as described in clause (

a) has been reviewed and found to be acceptable by the board's actuary and the Minister of Finance." MOTION: THAT Leg islative Counsel be authorized to change all

section numbers and internal references necessary to carry out the amendments adopted by this committee. MOTION: THAT

section 9 be amended by adding the following as subsections 15 .1(3) and (4) of The Legislative Library Act: "Offence and penalty 15 .1

(3) Where a person who stores or processes information described in subsection (1) , without lawful authority, wilfully or negligently discloses information that is in a category of information protected by

section 41 of The Freedom of Information Act, that person is guilty of an offence and is liable on

summary conviction, (

a) in the case of an individual, to a fine not exceeding $5000. or to imprisonment for a term not exceeding six months, or both; and (

b) in the case of a corporation, to a fine not exceeding $25,000. Offence by director of corporation 15.1(4) Where a corporation is convicted of an offence under subsection (3), every officer, director, employee or agent of the corporation who author ized the commis sion of the offence or assented to it or acquiesced or participated in it is also guilty of an offence and is liable to the penalty provided for in clause (3)(a)." Mr. Gi llesham mer: I move, secon ded by the Honourable Member for Lac du Bonnet (Mr. Praznik), that the report of the committee be received. 5933

Wednesday, March 14, 1990 MOTION presented and carried. LAW AMENDM ENTS Mr. Helmut Pankratz: (Chairman of Committee11): Mr. Spea ker, I beg to present (by leave) the Eighth Report of the Comm ittee on Law Amendments. Mr. Cl erk (William Remnant): Your Sta nding Committee on Law Amendments presents the following as their Eighth Report. Your committee met on Wednesday, March 7 and Thursday, March 8, 1990 at 8 p.m. in Room 254, Monday, March 12, 1990 at 3 p.m. and 8 p.m. in Room 255, and Wednesday, March 14, 1990 at 10 :45 p.m., in Room 254 of the Legislative Building, to consider Bills referred.

On March 14, 1990, Bills Nos. 47, 48, 50, 51, 52, 56 and 101 were transferred from your committee to the Standing Committee on Industrial Relations for clause by-clause consideration. Your committee heard representations on Bills as follows: Bill No. 47 - The Dependants Relief Act;

Loi sur !'aide aux personnes a charge Ms. Jeri Bjornson, Charter of Rights Coalition (Manitoba) Mr. Jack King, Family Law Su bsection, The Manitoba Bar Association Ms. Annette Willborn, YM /YWCA - Winnipeg Ms. Mo na Brown, Mani toba Association of Women and the Law Bill No. 48 - The Intestate Succession and Consequential Amendments Act;

Loi sur les successions ab intestat et modifiant diverses dispositions legislatives Ms. Jeri Bjornson, Charter of Rights Coalition (Manitoba) Mr. Jack King, Family Law Subsection, The Manitoba Bar Association Ms. Annette Willborn, YM/YWCA - Winnipeg Ms. Mo na Brown, Mani toba Association of Women and the Law Mrs. Bernice Sisler, Private Citizen Bill No. 50 - The Wills Amendment Act; Loi modifiant la

Loi sur les testaments Ms. Jeri Bjornson, Charter of Rights Coalition (Manitoba) Mr. Jack King, Family Law Subs ection, The Manitoba Bar Association Ms. Annette Willborn, YM/ YWCA - Winnipeg Ms. Mona Brown, Ma nitoba Association of Women and the Law Bill No. 51 - The Marital Property Amendment Act; Loi modifiant la

Loi sur les biens matrimoniaux Ms. Jeri Bjornson, Charter of Rights Coalition (Manitoba) Mr. Jack King, Family Law Su bsection, The Manitoba Bar Association 5934 Ms. Annette Willborn, YM /YWCA - Winnipeg Ms. Mo na Brown, Manitob a Association of Women and the Law Bill No. 52 - The Family Maintenance Amendment Act; Loi mod ifiant la

Loi sur l'obligation alimentaire Ms. Jeri Bjornson, Charter of Rights Coalition (Manitoba) Mr. Jack King, Family Law Subsection, The Manitoba Bar Association Ms. Annette Willborn, YM /YWCA - Winnipeg Ms. Mona Brown, Manitob a Association of Women and the Law Bill No. 56 - The Workers Compe nsation Amendment Act (2); Loi no 2 modifiant la

Loi sur les accidents du travail Ms. Marla Niekamp, Manitoba Organization of Nurses Associations Mr. Don Halechko, Injured Workers Association of Manitoba Mr. William Laird, Manitoba Professional Fire Fighters Association Mr. Harry Mesman, Ma nitoba Federation of Labour Messrs. Garth Whyte, Winton Newman and I. D. Irvine, The Employer's Task Force on Workers Compensation Ms. Lea Frame, City of Winnipeg Written Presentations Subm itted: Mr. Wayne Bell, Private Citizen Bill No. 59 - The Public Schools Amendment Act; Loi modifiant la

Loi sur les ecoles publiques Mr. Gordon Newton, Manitoba Association of School Superintendents Ms. Betty Husby and Mr. Aubrey Asper, The Manitoba Teachers' Society Ms. Barb Buffie and Mr. Jerry MacNeil, The Manitoba Association of School Trustees Mrs. Doreen Houston, Private Citizen Mrs. Irene Friesen, Private Citizen Mr. Lionel Orlikow, Private Citizen Bill No. 60 - The Education Administration Amendment Act; Loi mo difiant la

Loi sur !'administration scolaire Ms. Betty Husby, The Manitoba Teachers' Society Bill No. 75 - The Insurance Amendment Act; Loi modifiant la

Loi sur les assurances Mr. William T. O' Brien, Insuranc e Brok ers Association of Manitoba Bill No. 78 - The Prearranged Funeral Services Amendment Act; Loi modifiant la

Loi sur Jes arrangements prealables de services de pompes funebres Mr. Dean Crowe, Manitoba Funeral Services Association Mr. Robert Lang, Memorial Gardens Manitoba Limited

Wednesday, March 14, 1990 Heather and Gordon Patterson, Green Acres Memorial Gardens and Funeral Home Mrs. Bev Fenwick, Private Citizen Written Presentations Subm itted: Mr. Wayne D. Smith, Canada Trust Your committee has considered: Bill No. 60 - The Ed ucation Adminis trat ion Amendment Act; Loi modi fiant la

Loi sur !'administration scolaire; Bill No. 72 - The Securities Amendment Act; Loi modifiant la

Loi sur les valeurs mobilieres; Bill No. 75 - The Insurance Amendment Act; Loi modifiant la

Loi sur les assurances; and has agreed to report the same without amendment. Your committee has also considered: Bill No. 59 - The Public Schools Amendment Act; Loi modifiant la

Loi sur les ecoles publiques; and has agreed to report the same with the following amendments: MOTION: THAT clause 41( 1 )(

s) of the Act, as proposed in

section 7 of the Bill, be amended by adding "su bject to the order of a court to the contrary" after "(s)". MOTION: THAT clause 41( 1 )(

s) of the Act, as proposed in

section 7 of the Bill, be amended by striking out "or to both the parent or guardian and the pupil where the pupil has reached the age of majority," and substituting the following: "or to a pupil who has reached the age of majority and, where the pupil gives written consent, to the parent or guardian of the pupil,". MOTION: THAT clause 41(1)(

s) of the Act, as proposed in

section 7 of the Bill, be amended by adding the following to the end of the clause: "and every pri ncipal shall offer to de sig nate an employee to assist a parent or guardian who is given access to information to interpret it;". MOTION: THAT

section 48. 1 of the Act, as proposed in

section 10 of the Bill, be amended: (

a) by stri king out "a teacher" wherever it appears, and substituting "an employee"; (

b) by striking out "the teacher" wherever it appears, and substituting "the employee"; (

c) in subsection (3), by striking out "teacher's" and substituting "employee's"; (

d) in subsections (3) and (4), by striking out "the tea cher's school board " and substituting "the employee". MOTION: THAT

section 48. 1 of the Act, as proposed in

section 10 of the Bill, be amended by adding the following after subs ection 48. 1(4):

Definitions 48.1(5) In this section, "employee" means an employee of a school board, school di vision or school di strict; ("emp loye") "emplo yer" means a school board, school division or school district ("emp loyeur")." MOTION: THAT subsection 60(5) of the Act, as proposed in

section 12 of the Bill, be amended by deleting "and" at the end of clause (b), renumbering clause (

c) as clause (e), and adding the following after clause (b): "(

c) the Department of Education has approved the core curriculum of the school; (

d) the private school has a legally incorporated Board of Directors; (

e) the private school has an elected advisory board that (

i) includes at least three persons who are parents or guardians of children enrolled in the private school; (ii) reports on the private school on a regular basis during the school year, and not less often than once in each school term, to the parents or guardians of students enrolled in the private school; and (

f) the private school has been in operation for a period of three years prior to receiving a grant under this subsection and has complied with clauses (

a) to (

d) for each of those years; and;" MOTION: THAT Legislative Counsel be authorized to change all

section numbers and internal references necessary to carry out the amendments adopted by this committee. Your committee has also considered: Bill No. 78 - The Prearranged Funeral Services Amendment Act; Loi modifiant la

Loi sur les arrangements prealables de services de pompes funebres; and has agreed to report the same with the amendments: MOTION: THAT clause 2(3)(a), as proposed by

section 3 of Bill 78, be amended by adding "or her" after "him". 5935

Wednesday, March 14, 1990 MOTION: THAT the proposed subsections 5(3) and 5(4), as set out in clause 5 of the Bill, be struck out and the following substituted: "Interest and income to purchaser 5(3) Su bject to subsection (4), where a prearranged funeral plan fails to provide that inte rest and income earned on moneys paid under the plan are payable to the purchaser upon a payment out of moneys to the purchaser under clause 6(1)(a), the plan is deemed to so provide and a provision in the plan to the contrary is unenforceable to the extent that it conflicts with this subsection.

Transitional: existing plans 5(4) In respect of a prearranged funeral plan entered into before the coming into force of this section, subsection (3) does not apply in respect of interest or income earned on moneys paid under the plan where the plan expressly provides that the interest or the income, or both, is not or are not payable to the purchaser upon a payment out of the plan moneys to the purchaser." MOTION: THAT the proposed subsection 5(6), as set out in clause 5 of the Bil

Document details

Collection	Manitoba — Debates (Hansard)
Citation	34-2-144
Type	hansard
Volume / chapter	34th 2nd hansardpdf 144.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	505d08ecfb97ede22ae6fe36a6c5872086155a0b

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