Fourth Session - Thirty-Second Legislature of the Legislative Assembly of Manitoba STANDING COMMITTEE on INDUSTRIAL RELATIONS 34 Elizabeth 11 Chairman Ms. Myrna Phi/lips Constituency of Wolseley VOL. XXXIII No. 1 - 10:00 a.m., MONDAY, 8 JULY, 1985. Printed by the Office of tfJe Queens Printer. Province of Manitoba ISSN 07 13-9608 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Second Legislature Members, Constituencies and Political Affiliation Name ADAM, A.R. (Pete) ANSTETT, Hon. Andy ASHTON, Steve BANMAN, Robert (Bob) BIRT, Charles T. BLAKE, David R. (Dave) BROWN, Arnold BUCKLASCHUK, Hon. John M. CARROLL, Q.C., Henry N.

CORRIN, Q.C., Brian COWAN, Hon. Jay DESJARDINS, Hon. Laurent DODICK, Doreen DOERN, Russell DOWNEY, James E. DRIEDGER, Albert ENNS, Harry EVANS, Hon. Leonard S. EYLER, Phil FILMON, Gary FOX, Peter GOURLAY, D.M. (Doug) GRAHAM, Harry HAMMOND, Gerrie HARAPIAK, Hon. Harry M. HARPER, Elijah HEMPHILL, Hon. Maureen HYDE, Lloyd JOHNSTON, J. Frank KOSTYRA, Hon. Eugene KOVNATS, Abe LECUYER, Hon. Gerard LYON, Q.C., Hon. Sterling MACKLING, Q.C., Hon. AI MALINOWSKI, Donald M. MANNESS, Clayton McKENZIE, J. Wally MERCIER, Q.C., G. W.J. (Gerry) NORDMAN, Rurik (Ric) OLESON, Charlotte ORCHARD, Donald PAWLEY, Q.C., Hon. Howard R.

PARASIUK, Hon. Wilson PENNER, Q.C., Hon. Roland PHILLIPS, Myrna A. PLOHMAN, Hon. John RANSOM, A. Brian SANTOS, Conrad SCHROEDER, Hon. Vie scon; Don SMITH, Hon. Muriel STEEN, Warren STORIE, Hon. Jerry T. URUSKI, Hon. Bill USKIW, Hon. Samuel WALDING, Hon. D. James Constituency Ste. Rose Springfield Thompson La Verendrye Fort Garry Minnedosa Rhineland Gimli Brandon West Ellice Churchill St.

Boniface Aiel Elmwood Kildonan Arthur Emerson Lakeside Brandon East River East Tuxedo Concordia Swan River Vir den Kirkfield Park The Pas Rupertsland Logan Portage la Prairie Sturgeon Creek Seven Oaks Niakwa Radisson Charleswood St. James St. Johns Morris Roblin-Russell St. Norbert Assiniboia Gladstone Pembina Selkirk Transcona Fort Rouge Wolseley Dauphin Turtle Mountain Burrows Rossmere lnkster Os borne River Heights Flin Flon lnterlake Lac du Bonnet St.

Vital Party NDP NDP NDP PC PC PC PC NDP IND NDP NDP NDP NDP IND PC PC PC NDP NDP PC NDP PC PC PC NDP NDP NDP PC PC NDP PC NDP PC NDP NDP PC PC PC PC PC PC NDP NDP NDP NDP NDP PC NDP NDP NDP NDP PC NDP NDP NDP NDP LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITT EE ON INDUSTRI AL RELATIONS Monday, 8 July, 1985 TIME -10:00 a.m. LOCATION -Winnipeg, Manitoba CHAIRMAN -Ms. M. Phillips (Wolseley) ATTENDANCE - QUORUM - 6 Members of the Committee present: Hon. Messrs. Cowan, Kostyra and Mackling Messrs.

Banman, Mercier and Scott MATTERS UNDER DISCUSSION: Bill No. 75 -An Act to amend The Payment of Wages Act and Other Acts of the Legislature; Loi modifiant la

loi sur le paiement des salaires et d'autres lois de la legislature. Bill No. 76 -An Act to amend The Pension Benefits Act; Loi modifiant la

loi sur la pension de retraite. Bill No. 77 -

An Act to amend The Employment Standards Act; Loi modifiant la

loi sur les normes d'emploi. MADAM CHAIRMAN: Seeing as how we have a quorum, I will call the Committee on Industrial Relations to order. We haven't had any indication that there are any delegations to make presentations on the three bills we have before us, Bills 75, 76, and 77. How does the committee wish to proceed? BILL NO. 75 -

AN ACT TO AMEND THE PAYMENT OF WAGES ACT AND OT HER ACTS OF THE LEGISLATURE; LOI MO DIFIANT LA

LOI SUR LE PAIEMENT DES SALAIRES ET D' AUTRES LOIS DE LA LeGISLATURE MADAM CHAIRMAN: The first one is Bill 75,

An Act to amend The Payment of Wages Act. How does the committee wish to proceed, page-by-page? MR. R. BANMAN: Page-by-page. MADAM CHAIRMAN: Page 1-pass? Mr. Mercier. MR. G. MERCIER: Madam Chairman, I wonder if the Minister of Labour could indicate whether he is proposing any amendments to the bill. I raised a matter the other day, in speaking to this on Friday. MADAM CHAIRMAN: Mr. Minister. 1 HON. A.

MACKLING: Madam Chairperson, I asked staff, Friday, to look at that and while I don't have a written report from them, they're indicating that they believe they can do it by policy direction, and by getting agreement signed by the corporate directors. The concern is that you may have one director who pays the money in, another one doesn't, and then ifthere's any dispute as to the liability of the directors as between themselves, then if the time has run and the director may have been fully responsible hasn't paid in, there's a problem.

What we can do is cover it by letter from, in this case -the case that the honourable member referred to me was one in which a lawyer apparently was acting for a number of directors. If there had been the directive which I now will make with the department, the department could have taken a letter from the lawyer indicating that the directors had agreed that they would pay this in, and this would be in recognition of their joint and several liabili ty. The way the act had been interpreted required the department to take payment from each one of the directors, but it is open.

I think, to the director under The Payment of Wages Act, the director I'm referring to there, to accept payment totalling the entire wages, providing there's an agreement with the corporate director of the firm involved that that represents all of them, that money . So they're indicating that an amendment to the act, per se, may not be necessary at all, providing they have that from the directors. MADAM CHAIRMAN: Page 1 to 8, inclusive, were each read and passed;

Preamble-pass; Title-pass. Bill be reported. BILL NO. 76 -

AN ACT TO AMEND THE PENSION BENEFITS ACT; LOI MO DIFIANT LA

LOI SUR LA PENSION DE RETRAITE MADAM CHAIRMAN: Bill No. 76,

An Act to amend The Pension Benefits Act, Page 1 to 4, inclusive, were each read and passed;

Preamble-pass; Title-pass. Bill be reported. BILL 77 -

AN ACT TO AMEND THE EMPLOYMENT ST ANDARDS ACT; LOI MO DIFIANT LA

LOI SUR LES NORMES D'EMPLOI MADAM CHAIRMAN: Bill No. 77.

An Act to amend The Employment Standards Act, Pages 1 to 5, inclusive were each read and passed;

Preamble-pass; Title­ pass. Bill be reported. No other business, committee rise. COMMITTEE ROSE AT: 10:12 a.m. � C'l"11 ;" �· "' "' ���- a:s' I» ID 1:3 ID -· ID· .. ID - • "O"CCO 0 0 .. ��� " .. "0 " a: "OO"CC OQI O ;�� "' ..... '"'"' �