Manitoba Hansard — 9 June 2008 (Sitting 54, 39th Legislature, 2nd Session)

39-2-54

Manitoba — Debates (Hansard)

Second Session - Thirty-Ninth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable George Hickes Speaker Vol. LX No. 54 – 1:30 p.m., Monday, June 9, 2008 ISSN 0542-5492

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

DRIEDGER, Myrna Charleswood P.C. DYCK, Peter Pembina P.C. EICHLER, Ralph Lakeside P.C. FAURSCHOU, David Portage la Prairie P.C. GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin Steinbach P.C. GRAYDON, Cliff Emerson P.C. HAWRANIK, Gerald Lac du Bonnet P.C. HICKES, George, Hon. Point Douglas N.D.P. HOWARD, Jennifer Fort Rouge N.D.P. IRVIN-ROSS, Kerri, Hon. Fort Garry N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. JHA, Bidhu Radisson N.D.P. KORZENIOWSKI, Bonnie St. James N.D.P. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar, Hon. The Pas N.D.P. LEMIEUX, Ron, Hon. La Verendrye N.D.P. MACKINTOSH, Gord, Hon. St.

Johns N.D.P. MAGUIRE, Larry Arthur-Virden P.C. MALOWAY, Jim Elmwood N.D.P. MARCELINO, Flor Wellington N.D.P. MARTINDALE, Doug Burrows N.D.P. McFADYEN, Hugh Fort Whyte P.C. McGIFFORD, Diane, Hon. Lord Roberts N.D.P. MELNICK, Christine, Hon. Riel N.D.P. MITCHELSON, Bonnie River East P.C. NEVAKSHONOFF, Tom Interlake N.D.P. OSWALD, Theresa, Hon. Seine River N.D.P. PEDERSEN, Blaine Carman P.C. REID, Daryl Transcona N.D.P. ROBINSON, Eric, Hon. Rupertsland N.D.P. RONDEAU, Jim, Hon. Assiniboia N.D.P. ROWAT, Leanne Minnedosa P.C. SARAN, Mohinder The Maples N.D.P. SCHULER, Ron Springfield P.C. SELBY, Erin Southdale N.D.P.

SELINGER, Greg, Hon. St. Boniface N.D.P. STEFANSON, Heather Tuxedo P.C. STRUTHERS, Stan, Hon. Dauphin-Roblin N.D.P. SWAN, Andrew, Hon. Minto N.D.P. TAILLIEU, Mavis Morris P.C. WOWCHUK, Rosann, Hon. Swan River N.D.P.

2739 LEGISLATIVE ASSEMBLY OF MANITOBA Monday, June 9, 2008 The House met at 1:30 p.m. PRAYER ROUTINE PROCEEDINGS INTRODUCTION OF BILLS Bill 45–The Teachers' Pensions Amendment Act Hon. Peter Bjornson (M inister of Education, Citizenship and Youth): I move, seconded by the honourable Minister of Finance (Mr. Selinger), that Bill 45, The Teachers' Pensions Amendment Act; Loi modifiant la

Loi sur la pension de retraite des enseignants, be now read a first time. Mr. Speaker: The honourable minister will have to seek leave. Mr. Bjornson: Yes, thank you, Mr. Speaker, by leave, if the House is so willing. Mr. Speaker: It has been moved by the honourable Minister of Education, seconded by the honourable Minister of Finance, that Bill 45, The Teachers' Pensions Amendment Act, be now read a first time. Is there leave for this first reading? Some Honourable Members: Agreed. Mr. Speaker: Okay, leave has been granted. Mr.

Bjornson: Under The Teachers' Pensions Act, cost-of-living increases for teachers' pensions are funded in part by the pension adjustment account, and a portion of teachers' contributions are credited to that account earning interest at the fund's rate of return on fixed-income investments. The bill modifies the rate of return on the pension adjustment. During a 10-year period, the COLA or cost-of-living incr eases will be limited to 5.33 percent or two-thirds pending the available funding and any increases still subject to available funding in the pension adjustment account.

Surpluses arising in the pension adjustment account during the 10-year period are reserved for use after the end of that period. Any surplus in the account at the end of the period or arising after that may be used only in accordance to the regulations. This bill also makes various administrative and technical amendments to the act. It's good news for Manitoba teachers today, Mr. Speaker. Mr. Speaker: Is it the pleasure of the House to adopt the motion? [Agreed] House Business Hon. Steve Ashton (Deputy Government House Leader): As acting House leader, Mr. Speaker, on House business. Mr.

Speaker: On House business. Mr. Ashton: I'd like to announce that the Standing Committee on Agriculture, Food, will meet on Wednesday, June 11, 6 p.m., to continue to consider Bill 17. Mr. Speaker: It's been announced that the Standing Committee on Agriculture, Food, will meet on Wednesday, June 11, at 6 p.m., to continue to consider Bill 17, The Environment Amendment Act (Permanent Ban on Building or Expanding Hog Facilities). PETITIONS Long-Term Care Facility–Morden Mr. Peter Dyck (Pembina): Mr. Speaker, I wish to present the following petition to the Legislative Assembly.

The background for this petition is as follows: Tabor Home Incorporated is a time-expired personal care home in Morden with safety, environmental and space deficiencies. The seniors of Manitoba are valuable members of the community with in creasing health-care needs requiring long-term care. The community of Morden and the surrounding area are experiencing substantial population growth. We petition the Legislative Assembly of Manitoba as follows: To request the Minister of Health (Ms.

Oswald) to strongly consider giving priority for funding to develop and staff a new 100-bed long-term care facility so that clients are not exposed to unsafe conditions and so that Boundary Trails Health Centre beds remain available for acute-care patients instead of waiting placement clients.

2740 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 This is signed by Irene Krieger, Sheri Martens, Les Martens and many, many others. Mr. Speaker: In accordance with our rule 132(6), when petitions are read they are deemed to be received by the House. COMMITTEE REPORTS Standing Committee on Social and Economic Development Third Report Ms. Erna Braun (Chairperson): Mr. Speaker, I wish to present the Third Report of the Standing Committee on Social and Economic Development. Madam Clerk (Patricia Chaychuk): Your Standing Committee on Social and– Some Honourable Members: Dispense. Mr. Speaker: Dispense.

Your Standing Committee on Social and Economic Development presents the following as its Third Report. Meetings Your committee met on the following occasions: Monday May 26, 2008, at 4 p.m. Tuesday May 27, 2008, at 4 p.m. Wednesday May 28, 2008, at 6 p.m. Thursday June 6, 2008, at 10 a.m. All meetings were held in Room 254 of the Legislative Building.

Matters under Consideration Bill No. 10 – The Legislative Library Act/Loi sur la Bibliothèque de l'Assemblée législative Bill No. 13 – The Highway Traffic Amendment Act (Damage to Infrastructure)/Loi modifiant le Code de la route (dommages causés à l'infrastructure) Bill No. 15 – The Climate Change and Emissions Reductions Act/Loi sur les changements climatiques et la réduction des émissions de gaz à effet de serre Bill No. 16 – The Child Care Safety Charter (Community Child Care Standards Act Amended)/Charte sur la s écurité des enfants en garderie (modification de la

Loi sur la garde d'enfants) Bill No. 19 – The Liquor Control Amendment Act/Loi modifiant la

Loi sur la réglementation des alcools Bill No. 21 – The Advisory Council on Workforce Development Act/Loi sur le Conseil consultatif du développement de la main-d'œuvre Bill No. 22 – The Worker Recruitment and Protection Act/Loi sur le recrutement et la protection des travailleurs Bill No. 23 – The International Labour Cooperation Agreements Implementation Act/Loi sur la mise en œuvre des accords internationaux de coopération dans le domaine du travail Bill No. 27 – The Shellmouth Dam and Other Water Control Works Management and Compensation Act (Water Resources Administration Act Amended)/Loi sur la gestion du barrage Shellmouth et d'autres ouvrages d'aménagement hydraulique et sur l'indemnisation découlant de leur fonctionnement (modification de la

Loi sur l'aménagement hydraulique) Bill No. 31 – The Freedom of Information and Protection of Privacy Amendment Act/Loi modifiant la

Loi sur l'accès à l'information et la protection de la vie privée Bill No. 32 – The Personal Health Information Amendment Act/Loi modifiant la

Loi sur les renseignements médicaux personnels Bill No. 33 – The Salvation Army Grace General Hospital Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation « The Salvation Army Grace General Hospital » Bill No. 34 – The Child and Family Services Amendment and Child and Family Services Authorities Amendment Act (Safety of Children)/Loi modifiant la

Loi sur les services à l'enfant et à la famille et la

Loi sur les régies de services à l'enfant et à la famille (sécurité des enfants) Bill No. 36 – The Municipal Assessment Amendment Act/Loi modifiant la

Loi sur l'évaluation municipale Committee Membership Committee Membership for the Monday May 26, 2008, meeting: Mr. Altemeyer Ms. Braun (Chairperson) Mr. Derkach Hon. Mr. Lemieux Hon. Ms. Oswald

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2741 Mr. Pedersen Hon. Mr. Robinson Hon. Mr. Rondeau Mrs. Stefanson Hon. Mr. Struthers Mrs. Taillieu Your committee elected Mr. Altemeyer as the Vice- Chairperson. Substitutions received during committee proceedings: Hon. Ms. Melnick for Hon. Mr. Struthers Committee Membership for the May 27, 2008, meeting: Mr. Altemeyer (Vice-Chairperson) Ms. Braun (Chairperson) Mr. Derkach Hon. Mr. Lemieux Hon. Ms. Melnick Hon. Ms. Oswald Mr. Pedersen Hon. Mr. Robinson Hon. Mr. Rondeau Mrs. Stefanson Mrs. Taillieu Substitutions received during committee proceedings: Mrs.

Rowat for Mrs. Stefanson Committee Membership for the May 28, 2008, meeting: Mr. Altemeyer (Vice-Chairperson) Ms. Braun (Chairperson) Mr. Cullen Mr. Derkach Hon. Mr. Lemieux Hon. Ms. Melnick Hon. Ms. Oswald Hon. Mr. Robinson Hon. Mr. Rondeau Mrs. Stefanson Mrs. Taillieu Committee Membership for the June 6, 2008 meeting: Hon. Ms. Allan Ms. Braun (Chairperson) Mr. Cullen Mr. Graydon Hon. Ms. Irvin-Ross Mr. Maguire Mr. Martindale Hon. Ms. Oswald Hon. Mr. Robinson Hon. Mr. Swan Mrs. Taillieu Your committee elected Mr. Martindale as the Vice- Chairperson. Substitutions received during committee proceedings: Mr.

Derkach for Mrs. Taillieu Mrs. Taillieu for Mr.

Cullen Public Presentations Your committee heard the following one presentation on Bill No. 10 – The Legislative Library Act/Loi sur la Bibliothèque de l'Assemblée législative: Ken Waddell, Private Citizen Your committee heard the following one presentation on Bill No. 13 – The Highway Traffic Amendment Act (Damage to Infrastructure)/Loi modifiant le Code de la route (dommages causés à l'infrastructure): Chris Lorenc, Manitoba Heavy Construction Association Your committee heard the following sixteen presentations on Bill No. 15 – The Climate Change and Emissions Reductions Act/Loi sur les changements climatiques et la réduction des émissions de gaz à effet de serre: Mark Nantais, Canadian Vehicle Manufactures’ Association David Adams, Association of International Automobile Manufacturers of Canada Gaile Whelan-Enns, Manitoba Wildlands Nick Roberts, Manitoba Used Car Dealers’ Association Bruce Giesbrecht, Manitoba Motor Dealers Association Colin Craig, Canadian Taxpayers Federation Margaret Bernhardt-Lowdon, Manitoba Lung Association Harvey Stevens, Resource Conservation Manitoba Curtis Hull, Climate Change Connection Kristal Bayes, Private Citizen Trevor Gates, Private Citizen Ken Waddell, Private Citizen

2742 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Howard Rubuck, Private Citizen Andrew Basham, Green Party of Manitoba David Enns, Private Citizen Rick Negrych, Private Citizen Your committee heard the following one presentation on Bill No. 19 – The Liquor Control Amendment Act/Loi modifiant la

Loi sur la réglementation des alcools: Fred Curry, Private Citizen Your committee heard the following one presentation on Bill No. 21 – The Advisory Council on Workforce Development Act/Loi sur le Conseil consultatif du développement de la main-d'œuvre: John Doyle, Manitoba Federation of Labour Your committee heard the following three presentations on Bill No. 22 – The Worker Recruitment and Protection Act/Loi sur le recrutement et la protection des travailleurs: Ross Eastley, Canadian Migration Institute John Ryan, Canadian Society of Immigration Consultants Darrell Rankin, The Communist Party Your committee heard the following six presentations on Bill No. 27 – The Shellmouth Dam and Other Water Control Works Management and Compensation Act (Water Resources Administration Act Amended)/Loi sur la gestion du barrage Shellmouth et d'autres ouvrages d'aménagement hydraulique et sur l'indemnisation découlant de leur fonctionnement (modification de la

Loi sur l'aménagement hydraulique): Cliff Trinder, Private Citizen Gene Nerbas, Assiniboine Valley Producers Gaile Whelan-Enns, Manitoba Wildlands Keith Perron, Private Citizen Stanley Cochrane, Private Citizen Antoine Hacault, Private Citizen Your committee heard the following twelve presentations on Bill No. 31 – The Freedom of Information and Protection of Privacy Amendment Act/Loi modifiant la

Loi sur l'accès à l'information et la protection de la vie privée: Gaile Whelan-Enns, Manitoba Wildlands Blake Taylor, Private Citizen Mimi Raglan, Private Citizen Brian Bowman, Private Citizen Elizabeth Fleming, Private Citizen Colin Craig, Canadian Taxpayers Federation Gloria Desorcy, Manitoba Branch of the Consumers Association of Canada Trevor Gates, Private Citizen Ken Waddell, Private Citizen Christine Waddell, Private Citizen Kelly deGroot, Private Citizen Rick Negrych, Private Citizen Your committee heard the following seven presentations on Bill No. 32 – The Personal Health Information Amendment Act/Loi modifiant la

Loi sur les renseignements médicaux personnels: Blake Taylor, Private Citizen Mimi Raglan, Private Citizen Charles Cruden, Private Citizen Laurie Thompson, Manitoba Institute for Patient Safety George Fraser, Massage Therapy Association Gloria Desorcy, Manitoba Branch of the Consumers Association of Canada Pam Brown, Private Citizen Your committee heard the following two presentations on Bill No. 34 – The Child and Family Services Amendment and Child and Family Services Authorities Amendment Act (Safety of Children)/Loi modifiant la

Loi sur les services à l'enfant et à la famille et la

Loi sur les régies de services à l'enfant et à la famille (sécurité des enfants): Gordon Reimer, Private Citizen Ken Waddell, Private Citizen Your committee heard the following one presentation on Bill No. 36 – The Municipal Assessment Amendment Act/Loi modifiant la

Loi sur l'évaluation municipale: David Sanders, Deloitte & Touche LLP Property Tax Services Written Submissions Your committee received the following two written submissions on Bill No. 13 – The Highway Traffic Amendment Act (Damage to Infrastructure)/Loi modifiant le Code de la route (dommages causés à l'infrastructure): Ian Wishart, President, Keystone Agricultural Producers Geoff Sine, Manitoba Trucking Association

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2743 Your committee received the following one written submission on Bill No. 15 – The Climate Change and Emissions Reductions Act/Loi sur les changements climatiques et la réduction des émissions de gaz à effet de serre: Gordon Forman, National Association of Antique Automobiles Clubs of Canada Corporation Your committee received the following two written submissions on Bill No. 31 – The Freedom of Information and Protection of Privacy Amendment Act/Loi modifiant la

Loi sur l'accès à l'information et la protection de la vie privée: Valerie Price, Executive Director, Manitoba Association for Rights and Liberties Ruth Pryzner, Private Citizen Your committee received the following one written submission on Bill No. 32 – The Personal Health Information Amendment Act/Loi modifiant la

Loi sur les renseignements médicaux personnels: Stuart Murray, St. Boniface Hospital and Research Foundation Your committee received the following two written submissions on Bill No. 36 – The Municipal Assessment Amendment Act/Loi modifiant la

Loi sur l'évaluation municipale: Ron Bell, President, Association of Manitoba Municipalities Antoine Hacault, Private Citizen Bills Considered and Reported Bill No. 13 – The Highway Traffic Amendment Act (Damage to Infrastructure)/Loi modifiant le Code de la route (dommages causés à l'infrastructure) Your committee agreed to report this bill without amendment. Bill No. 16 – The Child Care Safety Charter (Community Child Care Standards Act Amended)/Charte sur la s écurité des enfants en garderie (modification de la

Loi sur la garde d'enfants) Your committee agreed to report this bill without amendment. Bill No. 19 – The Liquor Control Amendment Act/Loi modifiant la

Loi sur la réglementation des alcools Your committee agreed to report this bill without amendment. Bill No. 21 – The Advisory Council on Workforce Development Act/Loi sur le Conseil consultatif du développement de la main-d'œuvre Your committee agreed to report this bill without amendment. Bill No. 22 – The Worker Recruitment and Protection Act/Loi sur le recrutement et la protection des travailleurs Your committee agreed to report this bill without amendment.

Bill No. 23 – The International Labour Cooperation Agreements Implementation Act/Loi sur la mise en œuvre des accords internationaux de coopération dans le domaine du travail Your committee agreed to report this bill without amendment. Bill No. 27 – The Shellmouth Dam and Other Water Control Works Management and Compensation Act (Water Resources Administration Act Amended)/Loi sur la gestion du barrage Shellmouth et d'autres ouvrages d'aménagement hydraulique et sur l'indemnisation découlant de leur fonctionnement (modification de la

Loi sur l'aménagement hydraulique) Your committee agreed to report this bill without amendment. Bill No. 31 – The Freedom of Information and Protection of Privacy Amendment Act/Loi modifiant la

Loi sur l'accès à l'information et la protection de la vie privée Your committee agreed to report this bill without amendment on division. Bill No. 32 – The Personal Health Information Amendment Act/Loi modifiant la

Loi sur les renseignements médicaux personnels Your committee agreed to report this bill, with the following amendments: THAT the proposed clause 6(1), as set out in Clause 6(1) of the Bill, be replaced with the following: Trustee to respond promptly

2744 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 6(1) A trustee shall respond to a request as promptly as required in the circumstances but not later than (a) 24 hours after receiving it, if the trustee is a hospital and the information is about health care currently being provided to an in-patient; (b) 72 hours after receiving it, if the information is about health care the trustee is currently providing to a person who is not a hospital in-patient; and (c) 30 days after receiving it in any other case, unless the request is transferred to another trustee under

section 8. Information provided in 24 hours 6(1.1) In the circumstance mentioned in clause (1)(a) (hospital patient), the trustee is required only to make the information available for examination and need not, despite

section 7, provide a copy or an explanation.

THAT the proposed clause 23(1.1), as set out in Clause 14(2) of the Bill, be replaced with the following: Timely disclosure to family 23(1.1) When an immediate family member, or someone else with whom the patient or resident is known to have a close personal relationship, asks a trustee to disclose information under subsection (1), the trustee must disclose the information as soon as reasonably possible but not later than (a) 24 hours after the request is made, if the trustee is a hospital and the information is about health care currently being provided to an in-patient; or (b) 72 hours after the request is made, in any other case; as long as the requirements of subsection (1) are met.

THAT the proposed

section 23.2, as set out in Clause 15 of the Bill, be replaced with the following: Disclosure for fundraising 23.2(1) If a trustee is (

a) a hospital or personal care home; or (

b) a health care facility or health services agency designated in the regulations for the purpose of this section; it may disclose to a charitable fundraising foundation with which it is affiliated the name and mailing address of an individual who has been a patient of the hospital, who is or has been a resident of the personal care home, or who is receiving or has received services from the facility or agency. Conditions 23.2(2) The trustee may make a disclosure under subsection (1) only if (

a) the trustee has notified the individual in writing that the trustee might disclose personal health information about the individual to a charitable fundraising foundation, or has posted a notice to that effect where it is likely to come to the individual's attention; (

b) the notice is in a form that the individual can reasonably be expected to understand; (

c) the individual has been given a reasonable opportunity to object to the disclosure and has not done so; and (

d) the trustee and the foundation comply with any additional requirements specified in the regulations. THAT the proposed clause 66(1)(i.1), as set out in Clause 29(

c) of the Bill, be replaced with the following: (i.1) for the purpose of

section 23.2 (charitable fundraising), (

i) designating health care facilities and health services agencies, and (ii) specifying additional requirements under clause (2)(d); That the title is amended by adding "(2)" at the end. Bill No. 33 – The Salvation Army Grace General Hospital Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation « The Salvation Army Grace General Hospital » Your committee agreed to report this bill without amendment. Bill No. 34 – The Child and Family Services Amendment and Child and Family Services Authorities Amendment Act (Safety of Children)/Loi modifiant la

Loi sur les services à l'enfant et à la famille et la

Loi sur les régies de services à l'enfant et à la famille (sécurité des enfants) Your committee agreed to report this bill, with the following amendments:

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2745 THAT the following be added after Clause 1(5) of the Bill: 1(6) The following is added after clause 4(1)(l): (l.1) communicate to authorities the primary importance of a child's safety and security in the provision of child and family services and monitor the oversight provided by authorities of agencies in this regard; THAT the following be added after Clause 2(2) of the Bill: 2(3) The following is added after clause 24(e): (

f) communicating to authorities the primary importance of a child's safety and security in the provision of child and family services and monitoring the oversight provided by authorities of agencies in this regard. Bill No. 36 – The Municipal Assessment Amendment Act/Loi modifiant la

Loi sur l'évaluation municipale Your committee agreed to report this bill, with the following amendments: THAT Clause 9 of the Bill be amended (

a) in the proposed subclause 15.1(3)(b), by striking out "property" and substituting "matter or matters agreed to"; and (

b) by replacing the proposed subsection 15.1(7) with the following: Amendment and correction process saved 15.1(7) Nothing in this

section affects the power to amend or correct (

a) an assessment roll under

section 13 or 14; or (

b) a tax roll under

section 300 or 326 of The Municipal Act or

section 340 or 341 of The City of Winnipeg Charter. Bills Considered and Not Reported Bill No. 10 – The Legislative Library Act/Loi sur la Bibliothèque de l'Assemblée législative Bill No. 15 – The Climate Change and Emissions Reductions Act/Loi sur les changements climatiques et la réduction des émissions de gaz à effet de serre Ms. Braun: Mr. Speaker, I move, seconded by the honourable Member for Bu rrows (Mr. Martindale), that the report of the committee be received. Motion agreed to. Standing Committee on Social and Economic Development Fourth Report Ms. Erna Braun (Chairperson): Mr.

Speaker, I wish to present the Fourth Report of the Standing Committee on Social and Economic Development. Madam Clerk (Patricia Chaychuk): Your Standing Committee on Social and Economic Development– Some Honourable Members: Dispense. Mr. Speaker: Dispense. Your Standing Committee on Social and Economic Development presents the following as its Fourth Report. Meetings Your committee met on the following occasions: Monday May 26, 2008, at 4 p.m. Tuesday May 27, 2008, at 4 p.m. Wednesday May 28, 2008, at 6 p.m. Thursday June 6, 2008, at 10 a.m. Saturday June 7, 2008 at 10 a.m.

All meetings were held in Room 254 of the Legislative Building. Matters under Consideration Bill No. 2 – The Public Schools Amendment Act (Trans Fats and Nutrition)/Loi modifiant la

Loi sur les écoles publiques (gras trans et nutrition) Bill No. 10 – The Legislative Library Act/Loi sur la Bibliothèque de l'Assemblée législative Bill No. 15 – The Climate Change and Emissions Reductions Act/Loi sur les changements climatiques et la réduction des émissions de gaz à effet de serre Bill No. 24 – The Public Schools Amendment Act (Cyber-Bullying and Use of Electronic Devices)/Loi modifiant la

Loi sur les écoles publiques (cyberintimidation et utilisation de dispositifs électroniques) Bill No. 28 – The Strengthening Local Schools Act (Public Schools Act Amended)/Loi sur le renforcement des écoles locales (modification de la

Loi sur les écoles publiques) Bill No. 30 – The Crown Lands Amendment Act/Loi modifiant la

Loi sur les terres domaniales

2746 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Committee Membership Committee Membership for the Monday May 26, 2008, meeting: Mr. Altemeyer Ms. Braun (Chairperson) Mr. Derkach Hon. Mr. Lemieux Hon. Ms. Oswald Mr. Pedersen Hon. Mr. Robinson Hon. Mr. Rondeau Mrs. Stefanson Hon. Mr. Struthers Mrs. Taillieu Your committee elected Mr. Altemeyer as the Vice- Chairperson. Substitutions received during committee proceedings: Hon. Ms. Melnick for Hon. Mr. Struthers Committee Membership for the May 27, 2008, meeting: Mr. Altemeyer (Vice-Chairperson) Ms. Braun (Chairperson) Mr. Derkach Hon. Mr. Lemieux Hon. Ms.

Melnick Hon. Ms. Oswald Mr. Pedersen Hon. Mr. Robinson Hon. Mr. Rondeau Mrs. Stefanson Mrs. Taillieu Substitutions received during committee proceedings: Mrs. Rowat for Mrs. Stefanson Committee Membership for the May 28, 2008, meeting: Mr. Altemeyer (Vice-Chairperson) Ms. Braun (Chairperson) Mr. Cullen Mr. Derkach Hon. Mr. Lemieux Hon. Ms. Melnick Hon. Ms. Oswald Hon. Mr. Robinson Hon. Mr. Rondeau Mrs. Stefanson Mrs. Taillieu Committee Membership for the June 6, 2008, meeting: Hon. Ms. Allan Ms. Braun (Chairperson) Mr. Cullen Mr. Graydon Hon. Ms. Irvin-Ross Mr. Maguire Mr. Martindale Hon. Ms. Oswald Hon. Mr.

Robinson Hon. Mr. Swan Mrs. Taillieu Your committee elected Mr. Martindale as the Vice- Chairperson. Substitutions received during committee proceedings: Mr. Derkach for Mrs. Taillieu Mrs. Taillieu for Mr. Cullen Committee Membership for the Saturday June 7, 2008, meeting: Hon. Mr. Bjornson Ms. Braun (Chairperson) Mr. Cullen Mr. Hawranik Mr. Jha Ms. Korzeniowski Hon. Ms. McGifford Hon. Ms. Oswald Hon. Mr. Rondeau Mr. Schuler Mrs. Stefanson Your committee elected Ms. Korzeniowski as the Vice-Chairperson. Substitutions received during committee proceedings: Mr. Reid for Mr. Jha Hon. Ms. Irvin-Ross for Mr.

Reid Bills Considered and Reported Bill No. 10 – The Legislative Library Act/Loi sur la Bibliothèque de l'Assemblée législative Your committee agreed to report this bill without amendment. Bill No. 15 – The Climate Change and Emissions Reductions Act/Loi sur les changements climatiques et la réduction des émissions de gaz à effet de serre

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2747 Your committee agreed to report this bill, with the following amendment: THAT Clause 18 of the Bill be amended by striking out "sections 17 and 18" and substituting "sections 16 and 17". Bill No. 30 – The Crown Lands Amendment Act/Loi modifiant la

Loi sur les terres domaniales Your committee agreed to report this bill without amendment. Bills Considered and Not Reported Bill No. 2 – The Public Schools Amendment Act (Trans Fats and Nutrition)/Loi modifiant la

Loi sur les écoles publiques (gras trans et nutrition) Bill No. 24 – The Public Schools Amendment Act (Cyber-Bullying and Use of Electronic Devices)/Loi modifiant la

Loi sur les écoles publiques (cyberintimidation et utilisation de dispositifs électroniques) Bill No. 28 – The Strengthening Local Schools Act (Public Schools Act Amended)/Loi sur le renforcement des écoles locales (modification de la

Loi sur les écoles publiques) Ms. Braun: Mr. Speaker, I move, seconded by the honourable Member for Bu rrows (Mr. Martindale), that the report of the committee be received. Motion agreed to. Standing Committee on Legislative Affairs Second Report Mr. Doug Martindale (Chairperson): Mr. Speaker, I wish to present the Second Report of the Standing Committee on Legislative Affairs. Madam Clerk (Patricia Chaychuk): Your Standing Committee on Legislative Affairs– Some Honourable Members: Dispense. Mr. Speaker: Dispense. Your Standing Committee on Legislative Affairs presents the following as its Second Report.

Meetings Your committee met on the following occasions: Thursday May 29, 2008, at 4 p.m. Monday June 2, 2008, at 9 a.m. Monday June 2, 2008, at 8 p.m. Tuesday June 3, 2008, at 6 p.m. Wednesday June 4, 2008, at 10 a.m. Wednesday June 4, 2008, at 6 p.m. Thursday June 5, 2008, at 7 p.m. All meetings were held in Room 254 of the Legislative Building. Matters under Consideration Bill (No. 6) – The Securities Amendment Act/Loi modifiant la

Loi sur les valeurs mobilières Bill (No. 25) – The Embalmers and Funeral Directors Amendment Act/Loi modifiant la

Loi sur les embaumeurs et les entrepreneurs de pompes funèbres Bill (No. 29) – The Business Practices Amendment Act (Disclosing Motor Vehicle Information)/Loi modifiant la

Loi sur les pratiques commerciales (communication de renseignements concernant les véhicules automobiles) Bill (No. 38) – The Balanced Budget, Fiscal Management and Taxpayer Accountability Act/Loi sur l'équilibre budgétaire, la gestion financière et l'obligation de rendre compte aux contribuables Committee Membership Committee Membership for the May 29, 2008, meeting: Ms. Blady Mr. Borotsik Mr. Cullen Mr. Derkach Ms. Korzeniowski Mr. Maloway Hon. Ms. McGifford Mr. Martindale (Chairperson) Ms. Selby Hon. Mr. Selinger Mrs. Stefanson Your committee elected Ms. Korzeniowski as the Vice-Chairperson.

Substitutions received during committee proceedings: Mr. McFadyen for Mr. Cullen Committee Membership for the June 2, 2008, 9 a.m. meeting: Ms. Blady Mr. Borotsik Ms. Korzeniowski (Vice-Chairperson) Mr. Maloway Mr. McFadyen

2748 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Hon. Ms. McGifford Mr. Martindale (Chairperson) Mr. Schuler Ms. Selby Hon. Mr. Selinger Mrs. Stefanson Committee Membership for the June 2, 2008, 8 p.m. meeting: Mr. Borotsik Mr. Dyck Mr. Hawranik Ms. Korzeniowski (Vice-Chairperson) Hon. Mr. Lathlin Mr. Maloway Mr. Martindale (Chairperson) Mr. McFadyen Hon. Ms. McGifford Ms. Selby Hon. Mr. Selinger Committee Membership for the June 3, 2008, meeting: Ms. Blady Mr. Borotsik Ms. Braun Mr. Hawranik Hon. Ms. Irvin-Ross Ms. Korzeniowski (Vice-Chairperson) Mr. Martindale (Chairperson) Mr. McFadyen Mrs. Mitchelson Mr.

Saran Hon. Mr. Selinger Substitutions received during committee proceedings: Ms. Brick for Ms. Blady Committee Membership for the June 4, 2008, 10 a.m. meeting: Ms. Blady Mr. Borotsik Ms. Braun Mr. Cullen Hon. Ms. Irvin-Ross Ms. Korzeniowski (Vice-Chairperson) Mr. Maguire Mr. Martindale (Chairperson) Mr. Saran Hon. Mr. Selinger Mrs. Taillieu Committee Membership for the June 4, 2008, at 6 p.m. meeting: Hon. Ms. Allan Mr. Altemeyer Mr. Borotsik Mr. Cullen Mr. Hawranik Mr. Maguire Mr. Martindale (Chairperson) Hon. Ms. Melnick Hon. Ms. Oswald Mr. Saran Hon. Mr. Selinger Your committee elected Mr.

Altemeyer as the Vice- Chairperson. Committee Membership for the June 5, 2008, at 7 p.m. meeting: Mr. Altemeyer (Vice-Chairperson) Mr. Borotsik Mr. Derkach Mrs. Driedger Mr. Hawranik Hon. Mr. Lathlin Mr. Maloway Mr. Martindale (Chairperson) Hon. Ms. McGifford Mr. Saran Hon. Mr. Selinger Public Presentations Your committee heard the following three presentations on Bill (No. 6) – The Securities Amendment Act/Loi modifiant la

Loi sur les valeurs mobilières: Christine Waddell, Private Citizen Ken Waddell, Private Citizen Rick Negrych, Private Citizen Your committee heard the following five presentations on Bill (No. 25) – The Embalmers and Funeral Directors Amendment Act/Loi modifiant la

Loi sur les embaumeurs et les entrepreneurs de pompes funèbres: Norm Larsen, Private Citizen Nick Knysh, Knysh Funeral Chapel Christine Waddell, Private Citizen Ken Waddell, Private Citizen Rick Negrych, Private Citizen

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2749 Your committee heard the following four presentations on Bill (No. 29) – The Business Practices Amendment Act (Disclosing Motor Vehicle Information)/Loi modifiant la

Loi sur les pratiques commerciales (communication de renseignements concernant les véhicules automobiles): Nick Roberts, Manitoba Used Car Dealers Association Christine Waddell, Private Citizen Ken Waddell, Private Citizen Rick Negrych, Private Citizen Your committee heard the following fourty-four presentations on Bill (No. 38) – The Balanced Budget, Fiscal Management and Taxpayer Accountability Act/Loi sur l'équilibre budgétaire, la gestion financière et l'obligation de rendre compte aux contribuables: Jesse Hamonic, Private Citizen Graham Starmer, Private Citizen Shannon Martin, Canadian Federation of Independent Business Clayton Manness, Private Citizen Ken Waddell, Private Citizen Christine Waddell, Private Citizen Brian Paterson, Private Citizen Glen Cummings, Private Citizen Trevor Gates, Private Citizen Colin Craig, Canadian Taxpayers Federation John Doyle, Manitoba Federation of Labour Jim Carr, Business Council of Manitoba Chuck Davidson, Winnipeg Chamber of Commerce Rick Martel, Private Citizen Jack Penner, Private Citizen Dave Henderson, Private Citizen Shaun McCaffrey, Private Citizen Trevor Strome, Private Citizen Chantel Henderson, Private Citizen James Cotton, Private Citizen Jim Spencer, Private Citizen Rick Negrych, Private Citizen Ken Mason, Private Citizen Karen Boughton, Private Citizen Keith Boughton, Private Citizen Andy Sirski, Private Citizen Howard Rybuck, Private Citizen Gordon Gillies, Private Citizen Peggy Prendergast, Private Citizen Kelly Degroot, Private Citizen Greg Georgeson, Private Citizen Jim Huggard, Private Citizen Dr.

Robert Diamond, Private Citizen William Gardner, Manitoba Employers Council Gordie Dehnn, Private Citizen Valerie Schtain-White, Private Citizen Greg McIvor, Private Citizen Wayne Benson, Private Citizen David G.

Newman, QC, Private Citizen John Feldsted, Private Citizen Gustav Nelson, Private Citizen Mike Waddell, Private Citizen Peter Holle, President, Frontier Center for Public Policy Brent Olynyk, Private Citizen David Enns, Private Citizen Adam Cunliffe, Private Citizen Written Submissions Your committee received the following two written submissions on Bill (No. 25) – The Embalmers and Funeral Directors Amendment Act/Loi modifiant la

Loi sur les embaumeurs et les entrepreneurs de pompes funèbres: Barrie Webster, Funeral Planning and Memorial Society of Manitoba Jody Nicholson, President, The Manitoba Funeral Service Association Your committee received the following twelve written submissions on Bill (No. 38) – The Balanced Budget, Fiscal Management and Taxpayer Accountability Act/Loi sur l'équilibre budgétaire, la gestion financière et l'obligation de rendre compte aux contribuables: Joe & Joan Chamberlain, Private Citizen Candace Bishoff, Private Citizen John Sushelnitsky, Private Citizen Jim Reid, Private Citizen Beverley Ranson, Private Citizen Iris Nowakowski, Private Citizen Romeo Lemieux, Faculty of Education, Brandon University Matt Kawchuk, Private Citizen Gordon Henderson, Private Citizen R.M.

Swayze, Private Citizen Pat Bowslaugh, Private Citizen Lynne Fernandez, Canadian Centre for Policy Alternatives Lloyd J. McKinney, Private Citizen Bills Considered and Reported Bill (No. 6) – The Securities Amendment Act/Loi modifiant la

Loi sur les valeurs mobilières Your committee agreed to report this bill without amendment.

2750 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Bill (No. 25) – The Embalmers and Funeral Directors Amendment Act/Loi modifiant la

Loi sur les embaumeurs et les entrepreneurs de pompes funèbres Your committee agreed to report this bill, with the following amendments: THAT the following be added after Clause 1 of the Bill: 1.1 The title is replaced with "THE FUNERAL DIRECTORS AND EMBALMERS ACT". THAT the following be added after Clause 2 of the Bill: 2.1 Subsection 7(2) is amended by striking out "under The Embalmers and Funeral Directors Act" and substituting "under The Funeral Directors and Embalmers Act". THAT the proposed subsection 12(4.1), as set out in Clause 3(5) of the Bill, be amended in the part before clause (

a) by striking out "After a hearing" and substituting "Within 60 days after a hearing". THAT the proposed clause 12(4.1)(b), as set out in Clause 3(5) of the Bill, be amended by adding ", by registered mail,"after "the decision". THAT the proposed subsection 16.2(1), as set out in Clause 7 of the Bill, be amended by striking out "to the purchaser about those supplies or services" and substituting "about those supplies and services to the purchaser or a prospective purchaser, or to any other person requesting it,".

THAT Clause 9 of the Bill be amended by adding the following after the proposed clause 18(1)(e.2): (e.3) the number of complaints received during the preceding year and their disposition; THAT the following be added after Clause 11 of the Bill: 11.1 The following is added after

section 22: C.C.S.M. reference 23 This Act may be referred to as

chapter F195 of the Continuing Consolidation of the Statutes of Manitoba Bill (No. 29) – The Business Practices Amendment Act (Disclosing Motor Vehicle Information)/Loi modifiant la

Loi sur les pratiques commerciales (communication de renseignements concernant les véhicules automobiles) Your committee agreed to report this bill without amendment. Bill (No. 38) – The Balanced Budget, Fiscal Management and Taxpayer Accountability Act/Loi sur l'équilibre budgétaire, la gestion financière et l'obligation de rendre compte aux contribuables Your committee agreed to report this bill, with the following amendments: THAT Clause 18 of the Bill be amended by striking out "2008" and substituting "2009".

THAT Clause 20(1) of the Bill be amended by striking out "2007-08" wherever it occurs and substituting "2008-09". THAT Clause 22 of the Bill be replaced with the following: Coming into force 22 This Act comes into force on the day it receives royal assent. Mr. Martindale: Mr. Speaker, I move, seconded by the honourable Member for Rossmere (Ms. Braun), that the report of the committee be received. Motion agreed to. Standing Committee on Justice Third Report Mr. Daryl Reid (Chairperson): Mr. Speaker, I wish to present the Third Report of the Standing Committee on Justice.

Madam Clerk (Patricia Chaychuk): Your Standing Committee on Justice presents the following– Some Honourable Members: Dispense. Mr. Speaker: Dispense. Your Standing Committee on Justice presents the following as its Third Report. Meetings Your committee met on the following occasions in Room 255 of the Legislative Building: Monday, May 26, 2008 Monday, May 27, 2008 Monday, May 28, 2008 Monday, May 29, 2008 June 2, 2008, 9 a.m. June 2, 2008, 8 p.m.

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2751 June 3, 2008 June 4, 2008, 10 a.m. June 4, 2008, 6 p.m. June 5, 2008 Matters under Consideration Bill No. 26 – The Legal Profession Amendment Act/Loi modifiant la

Loi sur la profession d'avocat Bill No. 35 – The Statutes Correction and Minor Amendments Act, 2008/Loi corrective de 2008 Bill No. 37 – The Lobbyists Registration Act and Amendments to The Elections Act, The Elections Finances Act, The Legislative Assembly Act and The Legislative Assembly Management Commission Act/Loi sur l'inscription des lobbyistes et modifiant la Loi électorale, la

Loi sur le financement des campagnes électorales, la

Loi sur l'Assemblée législative et la

Loi sur la Commission de régie de l'Assemblée législative Bill No. 39 – The Court of Appeal Amendment Act/Loi modifiant la

Loi sur la Cour d'appel Bill No. 40 – The Drivers and Vehicles Amendment, Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act/Loi modifiant la

Loi sur les co nducteurs et les véhicules, le Code de la route et la

Loi sur la Société d'assurance publique du Manitoba Committee Membership Committee Membership for the May 26, 2008, meeting: Mr. Borotsik Ms. Brick Hon. Mr. Chomiak Mr. Goertzen Mr. Graydon Ms. Howard Hon. Ms. Irvin-Ross Mr. Jennissen Mr. Martindale Mr. McFadyen Mr. Reid (Chairperson) Your committee elected Ms. Brick as the Vice- Chairperson at the May 26, 2008, meeting, on a recorded vote of Brick 6, Borotsik 3, Graydon 1. Committee Membership for the May 27, 2008, meeting: Mr. Borotsik Ms. Brick (Vice-Chairperson) Hon. Mr. Chomiak Mr. Goertzen Mr. Graydon Hon. Ms. Irvin-Ross Mr. Martindale Mr. McFadyen Mr.

Reid (Chairperson) Mr. Saran Ms. Selby Substitutions received during committee proceedings at the May 27, 2008, meeting: Hon. Mr. Bjornson for Hon. Ms. Irvin-Ross Ms. Korzeniowski for Mr. Martindale Mrs. Driedger for Mr. Graydon Mr. Martindale for Ms. Korzeniowsk Committee Membership for the May 28, 2008, meeting: Hon. Mr. Bjornson Mr. Borotsik Ms. Brick (Vice-Chairperson) Hon. Mr. Chomiak Mr. Goertzen Mr. Jennissen Mr. Jha Mr. Marcelino Mr. McFadyen Mrs. Mitchelson Mr. Reid (Chairperson) Committee Membership for the May 29, 2008, meeting: Mr. Altemeyer Mr. Briese Hon. Mr. Chomiak Mrs. Driedger Mr. Eichler Mr.

Goertzen Ms. Howard Mr. Marcelino Mr. Reid (Chairperson) Mr. Saran Hon. Mr. Swan Your committee elected Mr. Altemeyer as the Vice- Chairperson at the May 29, 2008, meeting.

2752 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Substitutions received during committee proceedings at the May 29, 2008, meeting: Hon. Mr. Bjornson for Hon. Mr. Chomiak Committee Membership for the June 2, 2008, 9 a.m. meeting: Mr. Altemeyer (Vice-Chairperson) Hon. Mr. Chomiak Mrs. Driedger Mr. Goertzen Ms. Howard Mr. Marcelino Mrs. Mitchelson Mr. Reid (Chairperson) Mr. Saran Hon. Mr. Swan Mrs. Taillieu Committee Membership for the June 2, 2008, 8 p.m. meeting: Mr. Altemeyer (Vice-Chairperson) Hon. Mr. Chomiak Mrs. Driedger Mr. Goertzen Ms. Howard Mr. Jha Mr. Marcelino Mr. Pedersen Mr. Reid (Chairperson) Hon.

Mr. Swan Mrs. Taillieu Committee Membership for the June 3, 2008, meeting: Hon. Mr. Bjornson Ms. Brick Mr. Eichler Mr. Goertzen Mr. Graydon Mr. Jennissen Mr. Marcelino Mr. Reid (Chairperson) Mrs. Stefanson Hon. Mr. Swan Hon. Ms. Wowchuk Your committee elected Ms. Brick as the Vice- Chairperson at the June 3, 2008, meeting, on a recorded vote of Brick 6, Eichler 4. Committee Membership for the June 4, 2008, 10 a.m. meeting: Mr. Briese Mr. Derkach Mrs. Driedger Ms. Howard Mr. Jennissen Hon. Ms. McGifford Mr. Reid (Chairperson) Hon. Mr. Rondeau Mrs. Rowat Hon. Mr. Struthers Hon. Mr. Swan Your committee elected Ms.

Howard as the Vice- Chairperson at the June 4, 2008, 10 a.m. meeting. Substitutions received during committee proceedings at the June 4, 2008, 10 a.m. meeting: Hawranik for Driedger Committee Membership for the June 4, 2008, 6 p.m. meeting: Hon. Mr. Ashton Ms. Brick Mr. Briese Mr. Caldwell Hon. Mr. Chomiak Mr. Derkach Mrs. Driedger Mr. Jennissen Mr. Jha Mr. Reid (Chairperson) Mrs. Rowat Your committee elected Ms. Brick as the Vice- Chairperson at the June 4, 2008, 6 p.m. meeting, on a recorded vote of Brick 6, Briese 3, Jha 1.

Substitutions received during committee proceedings at the June 4, 2008, 6 p.m. meeting: Mr. Goertzen for Ms. Rowat Committee Membership for the June 5, 2008, meeting: Ms. Braun Ms. Brick (Vice-Chairperson) Hon. Mr. Chomiak Mr. Goertzen Ms. Korzeniowski Mr. Maguire

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2753 Mrs. Mitchelson Mr. Reid (Chairperson) Ms. Selby Hon. Mr. Swan Mrs. Taillieu Substitutions received during committee proceedings at the June 5, 2008, meeting: Mr. McFadyen for Mrs. Taillieu Public Presentations Your committee heard the following two presentations on Bill No. 26 – The Legal Profession Amendment Act/Loi modifiant la

Loi sur la profession d'avocat: Allan Fineblit, Law Society of Manitoba Sidney Green, Private Citizen Your committee heard the following 69 presentations on Bill No. 37 – The Lobbyists Registration Act and Amendments to The Elections Act, The Elections Finances Act, The Legislative Assembly Act and The Legislative Assembly Management Commission Act/Loi sur l'inscription des lobbyistes et modifiant la Loi électorale, la

Loi sur le financement des campagnes électorales, la

Loi sur l'Assemblée législative et la

Loi sur la Commission de régie de l'Assemblée législative: Graham Starmer, Manitoba Chambers of Commerce Norma Gagne, Private Citizen Shannon Martin, Canadian Federation of Independent Business Mike Waddell, Private Citizen Stephen Montague, Brandon University Students' Union Ken Waddell, Private Citizen Christine Waddell , Private Citizen Sam Uskiw, Private Citizen Harvey Dann, Private Citizen Pat Bowslaugh, Private Citizen Loris Barsanti, Private Citizen Brian Patterson, Private Citizen Ray Sitter, Private Citizen Jack Penner, Private Citizen Trevor Gates, Private Citizen Colin Craig, Canadian Taxpayer's Federation Michael Law, Manitoba Bar Association John Doyle, Manitoba Federation of Labour Jim Carr, Business Council of Manitoba Sidney Green, Private Citizen Jacqueline Stalker, Private Citizen Mike Skaftfeld, Private Citizen Nick Ternette, Private Citizen Chuck Davidson, Winnipeg Chamber of Commerce Brad Dowler, Private Citizen Trevor Maguire, Private Citizen Dale Smeltz, Private Citizen Luc Lewandoski, Private Citizen Don Watt, Private Citizen Jack McLaughlin, Private Citizen Doreen Bilodeau, Private Citizen Brent Olynyk, Private Citizen Jim Spencer, Private Citizen Rick Negrych, Private Citizen Karen Boughton, Private Citizen Keith Boughton, Private Citizen Georgina Jarema, Private Citizen Jae Eadie, Private Citizen Jeff Plantje, Private Citizen Andy Sirski, Private Citizen William Gould, Private Citizen Stefan Paszlack, Private Citizen David Jacks, Private Citizen Howard Rybuck, Private Citizen Michael Richards, Private Citizen Greg Georgeson, Private Citizen Glen Cummings, Private Citizen Jim Huggard, Private Citizen Darrell Rankin, Communist Party Michael Tripple, Private Citizen Trudy Turner, Private Citizen Patricia Flaws, Private Citizen Gustav Nelson, Private Citizen Del Sexsmith, Private Citizen Andrew Basham, Green Party of Manitoba Brian Higgins, Private Citizen Rudy Derksen, Private Citizen George Fraser, Canadian Society of Association Executives Sheila Michalski, Private Citizen David Enns, Private Citizen Doug Hutchings, Private Citizen Gordon Gillies, Private Citizen Kelly Degroot, Private Citizen Dr.

Robert Diamond, Private Citizen Nataliya Hryshko, Private Citizen Marni Larkin, Private Citizen David Newman, Private Citizen Craig Johnson, Private Citizen David Keam, Private Citizen

2754 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Your committee heard the following presentation on Bill No. 39 – The Court of Appeal Amendment Act/Loi modifiant la

Loi sur la Cour d'appel: Ruth Adams, Private Citizen Your committee heard the following presentation on Bill No. 40 – The Drivers and Vehicles Amendment, Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act/Loi modifiant la

Loi sur les co nducteurs et les véhicules, le Code de la route et la

Loi sur la Société d'assurance publique du Manitoba: Ruth Adams, Private Citizen Written Submissions Your committee received the following written submission on Bill No. 26 – The Legal Profession Amendment Act/Loi modifiant la

Loi sur la profession d'avocat: Bill Gade, Private Citizen Your committee received the following 30 written submissions on Bill No. 37 – The Lobbyists Registration Act and Amendments to The Elections Act, The Elections Finances Act, The Legislative Assembly Act and The Legislative Assembly Management Commission Ac t/Loi sur l'inscription des lobbyistes et modifiant la Loi électorale, la

Loi sur le financement des campagnes électorales, la

Loi sur l'Assemblée législat ive et la

Loi sur la Commission de régie de l'Assemblée législative: R. M. Swayze, Private Citizen Clair and Valerie Davies, Private Citizen P. Campbell, Private Citizen Matt Kawchuk, Private Citizen John Sushelnitsky, Private Citizen Elizabeth Fleming, Private Citizen Gordon Henderson, Private Citizen Roméo Lemieux, Private Citizen Iris Nowakowski, Private Citizen Beverley Ranson, Private Citizen Jim Reid, Private Citizen Mr.

Taggart, Private Citizen Brian Short, International Association of Machinists and Aerospace Ray Paziuk, Private Citizen Elaine Henrotte, Private Citizen Bev Reeves, Private Citizen Antoine Gagne, Private Citizen Jake & Lynn Kroeger, Private Citizen Lloyd Osborne, Private Citizen Kerry Maxwell, Private Citizen Deanna Dolff, Private Citizen Louise Mydyniski, Private Citizen Mark Cohoe, Private Citizen Leslie Porteous, Private Citizen Joe & Joan Chamberlain, Private Citizen Diane Cameron, Private Citizen Brian Higgins, Private Citizen Mark Tisdale, Private Citizen Gaile Whelan Enns, Private Citizen Sandra Johnston, Private Citizen Bills Considered and Reported Bill No. 26 – The Legal Profession Amendment Act/Loi modifiant la

Loi sur la profession d'avocat Your committee agreed to report this bill without amendment. Bill No. 35 – The Statutes Correction and Minor Amendments Act, 2008/Loi corrective de 2008 Your committee agreed to report this bill without amendment. Bill No. 37 – The Lobbyists Registration Act and Amendments to The Elections Act, The Elections Finances Act, The Legislative Assembly Act and The Legislative Assembly Management Commission Act/Loi sur l'inscription des lobbyistes et modifiant la Loi électorale, la

Loi sur le financement des campagnes électorales, la

Loi sur l'Assemblée législative et la

Loi sur la Commission de régie de l'Assemblée législative Your committee agreed to report this bill, with the following amendments, on division: THAT Clause 3(1)(

e) of

Schedule A of the Bill be replaced with the following: (

e) officers, directors or employees of a charitable or not-for-profit organization, unless the organization is constituted to serve employer, union or professional interests or th e interests of for-profit organizations; THAT Clause 11 of

Schedule A of the Bill be renumbered as Clause 11(1) and the following be added as Clause 11(2): Independence 11(2) The person appointed as registrar must be one of the independent officers of the Assembly or the commissioner under The Legislative Assembly and Executive Council Conflict of Interest Act, or a person on the staff of one of them.

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2755 THAT the following be added after Clause 19 of

Schedule A: CONSEQUENTIAL AMENDMENT Consequential amendment, C.C.S.M. c. F175 19.1 The definition "officer of the Legislative Assembly" in

section 1 of The Freedom of Information and Protection of Privacy Act is amended by adding "the registrar appointed under The Lobbyists Registrati on Act," after "Auditor General,". Your committee voted to defeat Clause 3 of

Schedule C of the Bill. Your committee voted to defeat Clause 7 of

Schedule C of the Bill. THAT

Schedule C to the Bill be amended by replacing Clause 11(1) with the following: 11(1) Subsections 54.1(1) and (2) are replaced with the following: Advertising expense limits for year of fixed date elections: 54.1(1) In the year of a fixed date election the total advertising expenses incurred outside an election period (

a) by a registered political party shall not exceed $150,000.; and (

b) by a candidate shall not exceed $5,000. Expenses incurred by others 54.1(2) For the purposes of this section, advertising expenses are incurred (

a) by a registered political party if the expenses are incurred (

i) by an individual on the party's behalf with its knowledge and consent, or (ii) by a constituency association of the party; and (

b) by a candidate if the expenses are incurred by an individual on the candidate's behalf with the candidate's knowledge and consent. THAT the proposed subsection 54.1(6), as set out in Clause 11(3) of

Schedule C to the Bill, be amended (

a) in the part before clause (a), by striking out "by a registered political party in producing and distributing" and substituting "in respect of"; (

b) in clause (b), by adding "or candidate" after "party"; and (

c) in the part after clause (b), by adding "that a registered political party or candidate produces and distributes, if the material is distributed outside the election period in that year," before "but". THAT Clause 15 of

Schedule C to the Bill be amended by striking out the proposed subsection 70.2(5). THAT Clause 2(1) of

Schedule D to the Bill be amended by striking out the proposed subsection 52.22(4.2). THAT Clause 2 of

Schedule E to the Bill be amended by replacing the proposed

section 6.1 with the following: Criteria or guidelines 6.1(1) The commission must, as soon as reasonably practicable after the coming into force of this section, establish criteria or guidelines to ensure public funds are used appropriately in respect of (

a) material printed, mailed or distributed electronically; and (

b) advertising in newspapers, magazines or other periodicals, on the Internet, on radio or television, or on billboards, buses or other property normally used for commercial advertising; by members and by caucuses of recognized political parties. Definition: "public funds" 6.1(2) In subsection (1), "public funds" means (

a) money paid under

section 52.23 of The Legislative Assembly Act; and (

b) money that is appropriated by the Legislature (

i) to enable a member to communicate with his or her constituents, or (ii) for use by a caucus of a recognized political party or a member who does not belong to the caucus of a recognized political party. Parties without a commissioner to have a member invited 6.1(3) When calling a meeting of the commission to consider the criteria or guidelines to be established under this

section or the mailing expense budget to be established under

section 6.3, the Speaker or the presiding commissioner, as the case may be, must also invite a member who has been designated by a political party that is represented in the Assembly but that is not represented on the commission.

2756 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Interim criteria or guidelines 6.1(4) If the Speaker is satisfied that the commission has been unable to develop the criteria or guidelines under subsection (1) in a timely fashion and by consensus, the Speaker must, after consulting with the leaders of the political parties represented in the Assembly, appoint an individual whose duty is to prepare interim criteria or guidelines.

Distribution and effective date 6.1(5) Once the individual appointed by the Speaker has prepared the interim criteria or guidelines, he or she must file them with the Speaker, who must then distribute copies to each member. The interim guidelines are effective on the date they are distributed by the Speaker and remain effective until criteria or guidelines are established under subsection (1). THAT Clause 2 of

Schedule E to the Bill be amended by adding the following after the proposed subsection 6.3(1): Minimum mailing expense budget: 2009-11 fiscal years 6.3(1.1) For the 2009-10 and 2010-11 fiscal years, (

a) the total amount of the mailing expense budget established under subsection (1) must not be less than the average of the annual amounts expended by the members in the three fiscal years immediately preceding the 2009-10 fiscal year; and (

b) the percentage of the budget allocated (

i) to the official opposition must not be less than the average percentage of the mailing expense budget expended by the official opposition in each of the three fiscal years immediately preceding the 2009-10 fiscal year, and (ii) to independent members must not be less than theaverage percentage of the mailing expense budget expended by independent members in each of the three fiscal years immediately preceding the 2009-10 fiscal year. Franking expenses excluded 6.3(1.2) For the purpose of determining the amounts expended under subsection (1.1), the expenses incurred under subsections 52.22(1) and (3) of The Legislative Assembly Act are excluded. THAT the amendment to Clause 2 of

Schedule E to the Bill be amended in the proposed subsection 6.3(1.1) by striking out "five" wherever it appears and substituting "three". Bill (No. 39) – The Court of Appeal Amendment Act/Loi modifiant la

Loi sur la Cour d'appel Your Committee agreed to report this Bill without amendment. Bill (No. 40) – The Drivers and Vehicles Amendment, Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act/Loi modifiant la

Loi sur les conducteurs et les véhicules, le Code de la route et la

Loi sur la Société d'assurance publique du Manitoba Your committee agreed to report this bill without amendment. Mr. Reid: Mr. Speaker, I move, seconded by the honourable Member for St. Norbert (Ms. Brick), that the report of the committee be received. Motion agreed to. * (13:40) Introduction of Guests Mr. Speaker: Prior to oral questions, I would like to draw the attention of honourable members to the Speaker's Gallery where we have with us today Mildred Currie from Scotla nd and also we have Helen Queen from Winnipeg. On behalf of all honourable members, we welcome you here today.

In the public gallery we have with us Garry Verhogg and Joel Grenier from Emerson. We also welcome you here today. Also in the public gallery we have from Morden Collegiate 26 grade 9 students under the direction of Mr. Royce Hollier. This school is located in the constituency of the honourable Member for Pembina (Mr. Dyck). Also in the public gallery we have from Airport Colony School 20 K to 11 students under the direction of Airport Colony School. This school is located the constituency of the honourable Member for Portage la Prairie (Mr. Faurschou).

Also in the public gallery we have with us from Ashern Central School 20 grade 9 students under the direction of Mr. Paul Armitage. This school is located in the constituency of the honourable Member for Interlake (Mr. Nevakshonoff). Also in the public gallery we have from Stanley Knowles School 60 grade 5 students under the direction of Mrs. Marilyn Calderon. This school is

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2757 located in the constituency of the honourable Member for Inkster (Mr. Lamoureux). On behalf of all honourable members, I welcome you all here today. ORAL QUESTIONS Inland Port Facility Premier's Support Mr. Hugh McFadyen (Leader of the Official Opposition): Free trade and transportation are the lifeblood of the Manitoba economy. Mr. Speaker, 22 percent of Manitobans rely on their jobs directly in the areas of trade and tran sportation logistics; 60 percent of our province's GDP is built on exports, both within Canada and internationally.

I think it would be fair to say that without trade and transportation Manitoba would be a much, much poorer province than it is today. Mr. Speaker, 45 days ago I asked the Premier to show leadership and take the lobbying efforts on the inland port proposal seriously. I told him that we are in danger, as he knows, of losing this investment to other provinces to the west of us. Saskatchewan and Alberta, in particular, are lobbying extremely hard to take away this asset from Manitoba. In those 45 days, rather than show leadership on the inland port, what did the Premier do?

He went to Saskatchewan to fight free trade with western Canada. He went to Mexico where he remained silent in defending NAFTA and to promote an inland port, he says, that does not even yet exist. Now I read in the newspaper, Mr. Speaker, that he wants a brainstorming session this week with the Economic Advisory Council, a brainstorming session reminiscent of the process that led up to the failed Spirited Energy campaign. I want to ask the Premier: Why is he dithering on the inland– [interjection] I know they don't like the question, Mr.

Speaker, but I want to ask the Premier: Forty-five days af ter the original question, why is he dithering when Manitoba jobs are at stake? Hon. Gary Doer (Premier): Mr. Speaker, we're getting applause from members that were in a Cabinet that whiffed when the issue of an internal port was taking place at Winnport. They put taxpayers' money in it. They co-sponsored money from the Crocus Fund when they were in office and lost millions of dollars, and we have nothing to show for it. We've already invested $28 million of provincial money. It's been matched by $30 million in federal money, Mr. Speaker.

I don't whether the member opposite knows this or not, but we've already invested $58 million in the connection of Route 90, Inkster, adjacent to the airport. That's already an investment made in the inland port in Winnipeg. We are also discussing other components with all levels of government, the City, the federal government and the private sector. We're going to make sure. There's the City of Winnipeg report. There's the railways, the CP, the CN. There's trucking companies. There's the Airports Authority. There's the Premier's Economic Advisory Council. There's the Chamber of Commerce.

We want to ensure that we are all rowing in the same direction. We don't want to whiff like we did in the past where we swung and we missed the ball, Mr. Speaker. Members opposite know all about that, and I would hope members opposite would join us in calling on the national Conservative government to say yes to the only natural place in Canada to have an inland port. Instead of playing cheap politics, Mr. Speaker, let's unite for the purposes of an inland port in Manitoba. Mr. McFadyen: Mr. Speaker, the Premier, I know, is a little worked up today.

We welcome him back to the House, by the way, after lots of hard work by all members of this Chamber over the last number of days to deal with the business of the House. I want to ask the Premier, because he makes reference to the past–he's ha d eight years as Premier. He needs to be reminded that there was a federal Liberal government in power in the 1990s that didn't know and didn't understand about the importance of these investments. We now have a good federal Conservative government that's putting up to a billion dollars on the table. Saskatchewan and Alberta are lobbying to get it. He's dithering.

He wants it to go to the Premier's Economic Advisory Council where at least five of the members are on the record as being opposed to free trade. He wants another delay tactic. That answer that he just gave was nothing but hot air and nothing but more dithering and delay, Mr. Speaker. Ottawa will make the decision. It won't be the anti-free traders on his Economic Advisory Council. It won't be the Mexicans. It won't be the people in Saskatchewan. It's Ottawa.

2758 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Why won't he show leadership? Why, 45 days after the question was asked, has he not yet made a serious effort to secure Manitoba's share of the money in the hundreds of millions of dollars required to build an inland port for Manitoba? Why the delay tactics when Manitoba jobs are at stake? Mr. Doer: Well, Mr. Speaker, the member opposite assumes and presumes that there have been no contacts with Ottawa and that's just not correct, first of all. Point No. 1, he's not right on that issue.

Point No. 2, we have already invested more in the inland port capacity of Winnipeg with the $28 million we pledged and the $30 million the federal government's pledged, more than whatever happened in 11 years. Point No. 3, there are competitive forces in other western Canadian provinces. We will have to rely on all of us working together. It will require this Legislature–[interjection] It won't happen with cheap shots and I certainly saw the cheap shots last week. It won't happen with cheap shots, Mr. Speaker.

We don't want another CF-18 situation, where Manitoba has all the [inaudible] We're the only city with both railways. We have five out of 10 of the major trucking companies located in Winnipeg. We have the natural north-south route. We have a 24-hour airport. We've already invested in the infrastructure through the first announcement. We need everybody united. We don't need cheap shots; we need unity. That's also what the business community is saying. They want people to be together on this proposal. They want people to talk as one Manitoba voice.

To suggest that Bob Silver, Dave Angus, Art Mauro and others that are part of this effort are anti-free traders is as absurd as all the other cheap shots he's taken in this House. Someday somebody's going to hold him accountable for the cheap shots that he makes, Mr. Speaker. Mr. McFadyen: If the member from glass houses had any credibility on that point, I might actually respond to it. I want to just ask the Premier: There's a serious issue; 60 percent of Manitoba's economy is dependent on jobs and export and trade. There's a lobbying campaign going on by other provinces to the west of us.

He's set up yet another delay tactic by going to PEAC. I wasn't making reference to Mr. Silver or the other people who have credentials on free trade. There are five members of that committee who are on the record as being anti-free trade in the past. They have the right to take that position, but I don't know why he would want to go there for advice on free trade when there are many people like Mr. Mauro, Mr. Lorenc and others who have serious credentials on free trade. Why aren't we going straight to Ottawa? He's arguing both sides. He says it could be like CF-18.

He said in committee or in Estimates that it could be like the national disease control lab where we had an all-party delegation and business leaders go to Ottawa. He still hasn't made any effort to make that happen. Forty-five days later, he's built in one more delay tactic, to go to PEAC before getting his act together and going to Ottawa. Why is he dithering when 60 percent of Manitoba's economy is in the balance when it comes to free trade? We've got free trade blocks building to the west, to the east. We've got an attack on NAFTA to the south, and he's dithering on the inland port.

Why is he putting Manitoba jobs at stake with his dithering, Mr. Speaker? * (13:50) Mr. Doer: Mr. Speaker, we already have one announcement on the inland port capacity with $58 million. Maybe the member opposite is so interested in cheap shots and his cheap rhetoric that he isn't paying attention. Fifty-eight million dollars is not chopped liver for purposes of inland port capacity, and that is out of one of the federal programs which we believe should not have had a descending amount of money the further east you are of the west coast. Mr. Speaker, we also know that there are many proposals on the inland port.

We want to ensure that they're all together. We have been discussing this with the Prime Minister's office. This is not an either/or, as the member is projecting it to be. It is a continuous effort from all Manitobans: the mayor's trade group which will be at the meeting; the Winnipeg Chamber of Commerce; the Business Council of Manitoba; the Winnipeg Airports Authority. Mr. Silver is the person chairing the meeting tomorrow with the Premier's Economic Advisory Council. We're also looking at other measures that we can implement ourselves in Manitoba. It's not just O ttawa. It's also here in Manitoba.

I've met with the mayor on this. We're also on the same page. He'll be at the meeting tomorrow.

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2759 Mr. Speaker, we would want members opposite to ensure–if the decision is made in Ottawa on the basis of politics, I would regret that. If the decision is made in Ottawa on the basis of transportation merit, Manitoba will win hands down. Why aren't you uniting for the benefit of all Manitobans? Pork Industry Contribution to Economy Mr. Speaker: The honourable Leader of the Official Opposition, on a new question. Mr.

Hugh McFadyen (Leader of the Official Opposition): I'm pleased that the last statement that came out of the Premier's mouth is the first thing that has made any sense since he got on his feet today. It should be made based on merit. If it is based on merit, then it will come to Manitoba. We just don't understand why he's dithering and not acting when he's the Premier of the province. He can try to deflect to every other businessperson and labour leader in the province, but he's the one charged with leadership on the issue. Speaking of leadership, Mr.

Speaker, we know through the history of our province that agriculture has been responsible for a significant portion of our jobs. It's the foundation of our economy and our way of life in Manitoba. We're going today into a world food shortage where the importance of agriculture is increasing, not declining, and where Manitoba has an opportunity to provide food to the world. We have within our province, Mr. Speaker, a critically important part of agriculture, which is the pork industry.

Last year the pork industry was responsible for $786 million of exports, even more than Manitoba Hydro which exported $592-million worth of power. Ninety-five percent of pork was exported; only 30 percent of our hydro is exported to outside markets. Now we're in a situation today where we lost 6,000 jobs in Manitoba between April and May. I want to ask the Premier: Why has he put out an unfair hit on the pork industry when we need agriculture in Manitoba today more than ever? Hon. Gary Doer (Premier): First of all, I just want to deal with the naivety of the member opposite.

I have said before that merit, if it's the No. 1 criteria, Manitoba will get the investments for an inland port. If it's politics, Mr. Speaker, we should be very vigilant about that. Members opposite may have forgotten about the CF-18 decision, where clearly Manitoba was ahead on merit. Members opposite may not be aware that we had to deal with massive efforts from Ottawa–and we still are dealing with efforts in Ottawa–to keep the jobs that should be in the disease lab in Ottawa rather than where they belong in Winnipeg.

So let not the member think that political considerations may not happen in Ottawa with the government. He should not be so naive that he forgets history. Secondly, dealing– [interjection] Mr. Speaker: Order. The honourable First Minister. Mr. Doer: I know the cheap shots. I saw some of the Hansard last week, and if comments like that had been made in another context, Mr. Speaker– incredible. Mr. Speaker: Order. Let's have a little decorum, please. The honourable First Minister has the floor. Mr. Doer: Thank you, Mr. Speaker. Mr.

Speaker, the whole i ssue of the hog industry, we have just invested money in the second shift in Brandon. We have just invested in the Neepawa plant to increase capacity here in Manitoba. The hog industry has grown in this province, but we believe that the policy that we've announced and the law that we have before the people of Manitoba, we believe the policy before the people of Manitoba in the law stands on its own merit as a balance between the areas where we can expand and the areas where we're vulnerable in terms of water protection. The member opposite wants to repeal that bill.

We'll make sure, in the next election campaign, that the people of Manitoba will know what party is going to repeal protection for water here in Manitoba and what party has a balanced approach. That's what democracy is all about, Mr. Speaker. Mr. Speaker: Order. We need to hear the questions and the response from those questions, please. Bill 17 Economic Impact Mr. Hugh McFadyen (Leader of the Official Opposition): Well, the Premier's last line shows what Bill 17 is all about. He's playing politics. He's trying to frame up a political debate at the expense of the livelihood of hundreds of Manitobans.

I'm pleased that he was in committee this morning. I wish he could have been there Friday and

2760 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 Saturday to hear the test imony and the presentations of people who are facing the prospect of their very way of life, a way of life they've had for in excess of a hundred years, being threatened. People who left places that brought in laws that attempted to stamp out agriculture came here thinking they would find freedom and opportunity to pursue a livelihood.

I wish he had been there to hear those presentations because I think he might have a different perspective, and he might stop playing politics, trying to frame up a political argument for the next election, and do what's right.

If he had been there, he would have heard people talking about the very many changes that have been made in that industry over the last number of years in order to improve practices to keep phosphorus out of the waterways, to create buffer zones, to use injection, to use new technology to make sure that the phosphorus went from the animals back into the grain and back into the animals and out of the waterways, Mr. Speaker. This is what they're doi ng. The regulations they brought in in the last couple of years are moving them toward that.

Then out of the blue comes Bill 17, which is an attempt to swat a fly with a sledgehammer, Mr. Speaker, and they can't see it any other way but as an attempt to play politics with people's livelihoods. So I want to ask the Premier: Will he listen to what people are saying, adopt common-sense regulations, acknowledge the progress to date, put in place incentives, clean up Lake Winnipeg and protect the livelihoods of thousands of Manitoba citizens? Mr. Speaker: Order. Our Manitoba practice has been to not make reference to members' presence or absences.

We've always had that in our practices, and I ask members to co-operate with that. The honourable First Minister has the floor. Hon. Gary Doer (Premier): Thank you, Mr. Speaker. The members opposite, and the member himself, said there would be a repeal of that act, the Bill 17, in the future. Mr. Speaker, that is on the record and we respect the right of the member opposite to have that position. Mr. Speaker, we believe there has been– Mr. Speaker: Order. We have lots of time in question period. We have a lot of guests in the galleries.

They come here to hear the questions and the responses, so let's have a little bit of decorum, please. Mr. Doer: Thank you, Mr. Speaker. M r . S p e a k e r – Mr. Speaker: Order. The honourable Member for Springfield (Mr. Schuler), I just asked for co- operation of all members. We have a lot of guests here today. Let's have some decorum, please. The honourable First Minister. * (14:00) Mr. Doer: Mr. Speaker, I have had the opportunity to meet with the Pork Council, and I want to thank the people that have presented at the committee.

I think it's about 38 of the close to 200 municipalities in Manitoba that are restricted with this law. Many other municipalities will be allowed to expand. No other municipalities have to eliminate hog operations as they are. Mr. Speaker, we've received support from places like De Salaberry. We've received support from other people. There are some people saying– Some Honourable Members: Oh, oh. Mr. Speaker: Order. The honourable First Minister has the floor. Please. Mr. Doer: Thank you, Mr. Speaker.

We certainly understand why people are concerned about the law, but we also have had other criticism that we didn't go far enough. I think this is a balance between water protection and sustainable agriculture. We have chosen the areas with the greatest numbers of operations and some of the areas with the greatest amount of nutrients and nitrogen in the three areas that have been chosen. We think it's a reasonable way to proceed into the future. We have put money into the hog industry. I would point out the processing that will take place is helpful.

We are quite concerned about country-of- origin legislation and other measures, Mr. Speaker, but we think this is a good balance. Some Honourable Members: Oh, oh. Mr. Speaker: Order. The honourable First Minister. Mr. Doer: Thank you very much, Mr. Speaker. We believe it's a good balance between agricultural sustainability and water protection, and that's why we put the bill forward. That's why we live in a

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2761 democracy, and I certainly respect the right of citizens to disagree with us, respect the right of the opposition to disagree with us, and we'll be accountable at the end of the day. Mr. McFadyen: Mr. Speaker, Dr. Flaten from the University of Manitoba presented to committee late Saturday evening. I had the pleasure of listening to a very thoughtful presentation from somebody who's dedicated his life to researching these issues.

His recommendation was that there was a way of achieving the balance, the goals of sustainable development which are to both protect the environment and protect jobs and wealth creation for all citizens for the next generation. What he said was invest in research, No. 1; No. 2, provide education to those engaged in the industry to change toward best practices; No. 3, provide incentives to help them change toward best practices; No. 4, use regulation, where appropriate, to prevent practices that are unacceptable. None of that is what Bill 17 is about.

Bill 17 is a sledgehammer that is designed to kill a way of life for thousands of Manitobans for purely political reasons. Let me go on the record right now. If we are elected in two and a half, in three years, we will put in place research, e ducation incentives and appropriate regulations, and we will repeal the heavy-handed, politically motivated, useless Bill 17, so that Manitobans [inaudible] Mr. Speaker, we will protect the way of life of Hutterian communities, the children who are trying to decide what to do next. We will protect the way of life of farmers and agriculture in Manitoba.

I want to ask the Premier: Is it his legacy to be the one who destroyed agriculture at a time when we need agriculture more than ever? Mr. Doer: Well, Mr. Speaker, the member opposite has already said and his ca ucus has already stated before the last election th at they don't believe in regulations to protect water in Manitoba. He said that when he was running for Leader of the Conservative Party. He said it when he was running for Leader of the Conservative Party. Then, of course, during the election campaign, he kind of lost that.

He tried to be Johnny Appleseed on water protection, but the public sees through this. Mr. Speaker, 28 percent of Manitoba hogs are concentrated in two rural municipalities. The member opposite can go to the people of Manitoba and promise to repeal Bill 17, but we promise to go into the next election campaign with protecting agriculture, yes, but also protecting water protection in Manitoba. For too long, Mr. Speaker, we have not chosen to protect our water– Some Honourable Members: Oh, oh. Mr. Speaker: Order. Let's have a little respect for the dignity of this House, please. We need some decorum in here. Mr.

Doer: Mr. Speaker, this will be a worthy debate. Members opposite want to repeal water protection measures in Manitoba. We will go into the next campaign with balancing agriculture and protecting agriculture. Mr. Speaker, the public gets it, and they will get it in 2011. Waste-Water Treatment Plants Government Funding Mrs. Heather Stefanson (Tuxedo): If the Premier cares so much about the water quality in Lake Winnipeg, then why is he sitting back idly while raw sewage is, as we speak, dumping into the Red River as a result of dumping from the waste-water treatment facilities in the city of Winnipeg?

Will he do the right thing and put towards the one-third funding that's necessary to stop the dumping of raw sewage into our river, Mr. Speaker? Hon. Gary Doer (Premier): Mr. Speaker, we are committed– Some Honourable Members: Oh, oh. Mr. Speaker: Order, please. Please, please. We have a lot of guests here today that have come down to hear the questions and the answers. Also, we're very fortunate that there are 57 of us that our constituents have sent us here to represent them. Let's have some respect for the dignity of this House, please, and for the guests that we have today, all honourable members, please. Mr.

Doer: Mr. Speaker, we have committed ourselves specifically to the one-third funding formula. We've committed the government to both the nutrient removal and the phosphorus removal. We would be the only city in western Canada to not remove nutrients. In fact, the City of Regina is just now investing in that proposal.

2762 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 I know we got condemned by certain quarters in that regard, but we would be the only city–Calgary, Edmonton, Saskatoon, Regina–if Winnipeg didn't remove both phosphorus and nitrogen. Secondly, Mr. Speaker, we have– Some Honourable Members: Oh, oh. Mr. Speaker: Order, please. Please, please. Let's have the courtesy–look, the honourable member has asked a question. Let's give the courtesy to hear the response, please. The honourable First Minister. Mr. Doer: So, Mr. Speaker, we're committed to the nutrient nitrogen and phosphorus removal.

Secondly, we've committed ourselves already to the Lake Winnipeg Stewardship Board which also talked about the twinning of the sewer system to have more waste water go through the waste-water treatment plants which we are investing in. We've always committed ourselves to the one- third principle for the twinning of the sewer system. We're taking it in the sequence that the Clean Environment Commission has recommended. The pollution going into the lakes, 80 percent will be removed, according to the Clean Environment Commission. That makes our point.

It's going to take all of us– farmers, urban dwellers, municipalities, golfers, lawn maintenance people–it's going to take all of us to reverse 30 years of neglect for Lake Winnipeg. That's why we're committed to action in Winnipeg, and that's why we're committed to action in rural municipalities. That's what our government is all about, Mr. Speaker. * (14:10) Mrs. Stefanson: Mr. Speaker, that's somewhat alarming that the Premier of our province is standing up. Well, as of this morning, we know, since 6:12 this morning, that raw sewage has been dumping into our river as we speak, Mr. Speaker.

My question was for the Premier but if the Premier is not willing to answer it, I'll ask– Some Honourable Members: Oh, oh. Mr. Speaker: I'm sorry, but I can't hear the–Order. I'm sorry, I can't hear the question. There are some members that are not interested in the questions. We have loges here for conversation. I need to be able to hear the questions and the answers, please. The honourable Member for Tuxedo has the floor. Mrs.

Stefanson: I'm wondering if the Minister of Intergovernmental Affairs will answer for us today: Will they agree to upgrade the combined sewer system and put their one-third funding towards that specific item, Mr. Speaker, to stop the dumping of raw sewage into our lake? Hon. Steve Ashton (Minister of Intergovernmental Affairs): Mr. Speaker, we referred the City of Winnipeg licensing requirements to the Clean Environment Commission. It came in with a report. We adopted the report in principle. It did two things, Mr. Speaker. It said that there will be required licensing for removal of nitrogen and phosphorus.

That is proceeding. We already have funded part of that. We'll continue to fund that until we have reached our full one-third share. The second thing it said was it was not acceptable to have a 50-year time frame for phasing out the combined sewer overflow system. That will be phase 2, and, indeed, we committed not only to those two phases but also to the one-third funding that's, again, part of the Clean Environment Commission report. What I'd like to know from members opposite is they talk about the Clean Environment Commission, but why do they oppose removing nitrogen?

We're for removing nitrogen and phosphorus. They're only in favour of removing phosphorus. Mrs. Stefanson: Mr. Speaker, this government has been in power for almost nine years now, and yet raw sewage continues to be dumped into our rivers. They want to point fingers at everyone else in Manitoba when they should be pointing fingers at themselves. They are allowing this to happen under their watch. Will they prevent this from happening in the future, Mr. Speaker? Will they put their one-third funding towards upgrading the combined sewer systems in the city of Winnipeg to stop the dumping of raw sewage? Mr.

Ashton: Mr. Speaker, members opposite were in government for 11 years. They didn't get it. They didn't refer this issue to the Clean Environment Commission. They didn't license any waste-water plants. They didn't remove any nitrogen. They didn't

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2763 remove any phosphorus. They didn't care about the 50-year time frame to get rid of the combined sewer overflow system. When we got into government, we referred it to the Clean Environment Commission. We've licensed the west end plant. We're committed to one-third funding for phase 1. We committed funding to phase 2. Mr. Speaker, they're in opposition and after nine years they still don't get it. They still don't think we should remove nitrogen. We want 100 percent removal. We're acting, Mr. Speaker, not just talking, like the members opposite.

They had 11 years to do something. They did nothing, and in nine years in opposition they still don't get it. They're doing nothing. Bill 17 Environmental Impact Mr. Ralph Eichler (Lakeside): All the minister has to do is walk out the back door, take a look at the river, right at what the Member for Tuxedo's talking about; maybe he'll get it. Mr. Speaker, the Minister of Conservation has said that if you're opposed to Bill 17, you're opposed to the environment. On the contrary, producer after producer have appeared before the committee, have outlined many, many steps they take to protect the environment.

They've clearly stated that they drink the water on their farms, and they need clean water to raise their livestock. Mr. Speaker, will the Minister of Conservation apologize to our Manitoba farmers for implying that if they oppose Bill 17, they somehow don't care about the environment? Hon. Stan Struthers (Min ister of Conservation): I wonder, Mr. Speaker, if the Member for Lakeside consulted with his own leader when he started asking questions about the regulations that came into place in 2006, regulations that his own leader said no to.

I wonder if the Member for Lakeside should apologize to his own leader for setting him up like that. Mr. Eichler: Mr. Speaker, many presenters have explained the economic impact of Bill 17 on farm families, businesses in our rural communities. Other presenters talked about the morality of limiting food production in times of global food uncertainty. One producer even said bluntly that promoting starvation is

an act of evil. Producers have said they will adapt to the new regulations but that a moratorium simply goes too far, especially when the latest regulations haven't even had a chance to work yet. Mr. Speaker, will the Minister of Conservation concede that this legislation needs more work and should be withdrawn? Mr. Struthers: No, Mr. Speaker. It's very clear that the CEC has said to us that the regulatory framework that we have in place isn't strong enough.

They've said that very, very clearly, and they've said that regional imbalances exist because members opposite encouraged a huge, rapid growth in the hog industry in the early 1990s. Mr. Speaker, we believe what we're doing is providing a balance. We believe that we're recognizing that clean water is important to the future of agriculture. We 're standing up for clean water. We're standing up for farming. Members opposite should [inaudible] Mr. Eichler: Nowhere, nowhere, Mr. Speaker, in the CEC report does it say anything about a moratorium. Read his own bill. Mr.

Speaker, Manitoba's farm sector, a key economic driver, under this is attacked by its own provincial government. Producers invest tens of millions of dollars annually into measures aimed to protect the environment and ensuring their farms for their future generations. Producers are deeply concerned they are being singled out as environmental scapegoats. They're concerned that Bill 17 takes away their right to farm and, indeed, feed the world. Mr.

Speaker, will the minister scrap Bill 17, work with the stakeholders, develop strategies to protect the environment while at the same time protecting producers' right to farm and feed the world? Mr. Struthers: Mr. Speaker, I would've thought that the Member for Lakeside would understand that key to expanding farming in Manitoba for decades and for generations has been the search for clean, abundant water. Agriculture does not exist without clean, abundant water. We have a comprehensive plan, a comprehensive approach that includes everyone.

As a presenter this morning noted, the presenter this morning begged the committee to make sure all of us, all of us in this House, understand that there are a

2764 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 whole number of point sources for phosphorus and for nitrogen, not just one sector. We've got to go across the board, which we're doing. We're doing it day after day, policy after policy, ensuring that everybody who contributes to the problem contributes to the solution, Mr. Speaker. Emergency Surgeries Shortage of On-Call Surgeons Mrs. Myrna Driedger (Charleswood): Mr. Speaker, a very worried health-care professional has leaked a memo to me. It says that there are numerous times when a surgeon is not available to take call in Winnipeg.

That means that there have been numerous times when a patient needed emergency surgery and there may not have been a surgeon on call. So I'd like to ask the Minister of Health to explain why there is a shortage of on-call surgeons in Winnipeg. Hon. Theresa Oswald (Minister of Health): I thank the member for the question and the opportunity to put some facts on the record.

I can let the member opposite know and the House know that earlier this spring the Winnipeg Regional Health Authority came to Manitoba Health and to government with a proposal to consolidate on-call surgeries at three sites in Manitoba with, of course, the intent in ensuring that patient safety was top priority. This was also going to, according to this model, ensure that elective surgery and any bumping that results as a result of general surgery is lessened, hopefully down to zero.

We have agreed to let them test this model as a pilot project for one year to ensure that, in fact, the outcomes that are desired are indeed achieved, Mr. Speaker. Mrs. Driedger: Mr. Speaker, the government's solution to this critical problem is to ramp up highway medicine on the streets of Winnipeg and make our busy paramedics even busier. According to this leaked memo, the WRHA is consolidating emergency surgery to three hospitals, Health Sciences Centre, St. B and Grace hospitals.

So if a patient comes in needing emergency surgery at the Concordia, at the Seven Oaks and at the Victoria Hospital, it seems that they will be put into an ambulance and shipped to another hospital. So I'd like to ask this Minister of Health to tell us why some critically ill patients who need emergency surgery are going to be exposed to this second-rate health-care system. * (14:20) Ms. Oswald: The member opposite seems to think that any time the WRHA doesn't mail a memo to her that it's top secret. In fact, it's a conversation that has been going on with general surgeons and with the WRHA for some time now.

The member opposite is putting information on the record that's misleading. This model that is going to be tested and has begun with one hospital only is to ensure that we have patient safety as the centre priority, ensuring that those on-call surgeons are there and available and that EMS workers know exactly where to take them, Mr. Speaker, and to ensure that those people requiring elective surgery do not get bumped as a result of an on-call schedule. The member opposite is fearmongering. She's the one that says we're going to close hospitals and she's just wrong. Mrs. Driedger: Mr.

Speaker, hallway medicine, highway medicine and now no medicine in some hospitals. I don't know how this minister can figure out that that's okay for health care. Mr. Speaker, as a former nurse I do not see that this is the best way to treat critically ill patients in this city. To put them in an ambulance when they need emergency surgery and send them all over the city is not good health care. So I'd like to ask this Minister of Health: Why are critically ill patients who need emergency surgery being treated to th is second-rate health care in this province?

With a budget of $4 billion she should be able to do better. Ms. Oswald: Mr. Speaker, I'll say to the member again, this is a pilot project, a model the WRHA is testing to ensure that patients are safe, to ensure that they get directly from the ambulance to that general surgeon on call when they need that service. We're going to ensure that the outcomes of this model achieve exactly what they're intended to. And, of course, we recognize that this question is coming from a member who belonged to a party that thought closing the ERs overnight was a good idea.

So, really, let's look at some context here when we're talking about health care, the same party that says that health care is not their priority and wanted to take $135 million out of the budget today. We

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2765 have to listen to the context of this question. This member has no credibility on this. Mr. Speaker: Time for oral question has expired. Hon. Jon Gerrard (River Heights): Mr. Speaker, I ask for leave to ask my questions. Mr. Speaker: Does the honourable member have leave? [Agreed] Bicycle Helmet Legislation Government Support Hon. Jon Gerrard (River Heights): Mr. Speaker, legislation to make bike helmets mandatory is associated with a dramatic decrease in accidents involving cyclists which lead to injuries and a dramatic increase in the use of bike helmets.

An impact study shows that the government's approach, handing out bike helmets and putting ads on TV, has had little overall impact to increased helmet use. I ask the Minister of Healthy Living: How many children in Manitoba will have to die or have a brain injury before she supports legislation to make bike helmets mandatory in this province? Hon. Kerri Irvin-Ross (Minister of Healthy Living): Mr.

Speaker, as I previously answered this question, in the province of Manitoba we have a comprehensive approach to injury prevention specific to bike helmets, one that includes public awareness, education and, most importantly, the distribution of over 42,000, 42,000 low-cost bike helmets across the province of Manitoba, as well as in addition to providing helmets through KidSport at no cost to low-income families. These are recognized across the jurisdiction as being effective. Bike to the Future, a third party, has come out and endorsed our strategy. Mr. Gerrard: Mr.

Speaker, about 140 cyclists end up in hospital every year in Manitoba, many with brain injuries. Each year, two to four cyclists, on average, die because of injuries, traffic injuries. In New York, the studies have shown that 97 percent of those who die in cycling industries have not had helmets. We suspect it's similar here. It's time to have mandatory bicycle helmet legislation here in Manitoba. I ask the minister: When will the minister realize that the precious heads and lives of our children are in her hands? When will she support Bill 225 and make the use of bicycle helmets mandatory in Manitoba? Ms.

Irvin-Ross: Mr. Speaker, we do address the issue of injury prevention throughout the province on a number of different issues. Bicycle safety is one of them. Water safety is another one. We take an approach, a comprehensive approach of looking at public awareness, education and providing that valuable information to all Manitobans. This information has reduced injuries, and we have the statistics to prove that. We've seen a reduction. We know that the 42,000 helmets that have been distributed have made a difference.

We know that the low-cost helmets have made a difference and made them much more accessible to all Manitobans. We'll continue on this strategy as we go, providing these. Low-income helmets also are free. We also will continue to work on our public campaign Protect Your Noggin. Mr. Gerrard: Mr. Speaker, too often this government and this minister do not seem to know what accountability is, but you can be sure that they will now. Every time a child without a helmet has a brain injury or dies in this province, we are going to hold this minister accountable.

This legislation is already in place to protect more than 70 percent of all children in Canada in other provinces. I ask the minister: Does she consider the children in Manitoba less important than the children in other provinces? Ms. Irvin-Ross: We value children very much in this province. We know that they're our future, and you can see that through the investments we've made through Healthy Child Manitoba. Record investments have been made to support children.

We continue to provide information to Manitobans about the importance of bicycle safety, and we'll continue to take the action of ensuring that low-cost helmets are provided to Manitobans. Mr. Speaker: As agreed, now that question period has expired, we will move on to members' statements. MEMBERS' STATEMENTS From Light to Shadow and Back Again Photographic Display Ms. Sharon Blady (Kirkfield Park): This past week we have been able to read about and hear the stories of 10 remarkable women in the beautiful rotunda of the Legislative Building.

From Light to Shadow and Back Again is a touching and powerful exhibit that tells the storie s of perseverance, strength

2766 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 and community. Having such a poignant display open to the public in the rotunda is an excellent way to raise awareness about breast cancer. I was so pleased that the beauty of the photographs could be combined with the beauty of the Legislature. Photographers, Kerrie Woelke and Merri-Lou Paterson co-founded the exhibition and are passionately committed to this work of art. All of the 10 women are either figh ting breast cancer or are survivors. The exhibit itsel f stems from the personal desire of these women to tell their stories.

The stories talk about the sadness of losing friends and the personal discovery that has become part of the battle against breast cancer. The plan is to photograph 10 to 15 additional women and eventually publish a book that, in the words of the co-founders, celebrates the spirit of all women. Mr. Speaker, breast cancer is an extremely important issue for all Manitobans. The Canadian Cancer Society estimates that 780 new cases of breast cancer will be diagnosed in Manitoba during 2008. Early detection is the key in the fight against breast cancer, and I was thrilled that the Minister of Health (Ms.

Oswald) announced last week that the Province will be adding 10,000 more breast cancer screening appointments and will expand access to diagnostic services. Mr. Speaker, I would also like to note that since 2004 Winnipeg has been the only city in North America to offer women the opportunity to have both surgery to remove cancerous breast tissue and rebuild a breast at the same time. Doctors Ed Buchel and Tom Hayakawa have performed the reconstruction on 606 women.

I want to congratulate Kerrie Woelke and Merri- Lou Paterson for their fantastic work on this exhibit and for telling the stories of these inspirational women. I know I speak for all honourable members when I say we are all in the fight against breast cancer together. Thank you, Mr. Speaker. Hutterite Daily Church Prayer Mrs. Mavis Taillieu (Morris): Mr. Speaker, I feel honoured to have been asked by Mr. Jacob Hofer, the minister at Starlight Colony, to read the Hutterite daily church prayer for the government. Mr.

Hofer and many of his brethren, along with other hog producers, have been attending the legislative committee hearings on Bill 17, the bill which places a moratorium on expansion of hog production in the province and affects the livelihood of many farmers. For the Hutterites, hog farming is a cultural way of life which threatens their very existence here in Manitoba. I urge the government to reconsider this misguided bill. * (14:30) Mr.

Speaker, here is the prayer: "We also pray thee, our dear heavenly Father, for all of our government and especially for the one under whose protection and umbrella we are living at the present time. Those who are at all times talking the best for the people may You yourself give them their reward for this. May You yourself bring their hearts together in peace, love and unity that they may consider the betterment of the whole country and the whole land. May You yourself give them this reward for this, that they may use the power that they have from You to protect the righteous and punish the wicked.

We pray thee that You may grant thy people that we may lead a quiet and righteous life as we in our faith profess. Amen." Thank you, Mr. Speaker. Osborne Village Clean-Up Ms. Jennifer Howard (Fort Rouge): On Saturday, May 24, I was joined by many residents in the Osborne Village area for the annual Osborne Village Clean-Up. In past years, we've had between 50 and 60 volunteers come and support the event, but this year I'm pleased to report that we had almost 125 people come out to pick up trash, rake leaves, empty garbage bins and beautify our neighbourhood.

The event was supported by Councillor Jenny Gerbasi and Member of Parliament, Anita Neville. I would like to particularly thank Councillor Gerbasi for her leadership, organizing key details before and during the clean-up. Mr. Speaker, from families to individuals to persons with disabilities to people of all ages and backgrounds, ev eryone came together to take care of our environment.

I would also like to thank all the community and business groups who made this event a success: Augustine United Church, Osborne Village Hotel, Osborne Village Business Improvement Zone, Gas Station Theatre, River Osborne Community Centre, Osborne Village Safeway and Osborne Village Starbucks, the City of Winnipeg and Take Pride Winnipeg all helped out or donated items to make the day a success. The event was a wonderful way to clean up and beautify the area as well as to build community spirit

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2767 among residents. It was great to see neighbours visiting, catching up and meeting newcomers to the area. At noon, volunteers from Augustine United Church barbecued hotdogs and veggie dogs for the volunteers. I would like to thank all the volunteers and supporters who came out to make this year's clean-up the most successful yet. I also want to thank all the area residents and businesses who work hard every day to make Osborne Village a beautiful place to work, live and play. Thank you, Mr. Speaker. Elder Abuse Awareness Day Mrs.

Leanne Ro wat (Minnedosa): Today is Elder Abuse Awareness Day in Manitoba. This provides all of us with the opportunity to draw attention to a social injustice that affects an important sector of our society. Sadly in Manitoba and across Canada, some vulnerable seniors are taken advantage of and face abuse in a variety of forms. Older Manitobans deserve to be treated with dignity and respect. They have contributed to society for a lifetime and, after having done so, should be able to enjoy life without worry. However, too many citizens face neglect and abuse later in life.

The exploitation of older Manitobans can include physical abuse such as assault, forced confinement or sexual abuse. Mistreatment cases have also exposed examples of neglect, mental abuse and misuse of funds or finances. Elder abuse is a horrible violation of trust that has been placed with those individuals who have been entrusted with the care of seniors who find themselves in vulnerable situations. Elder abuse can happen anywhere, whether in care facilities or in homes involving family members.

Seniors can become especially dependent on abusers, and their abuse becomes hidden because they have limited social contact with others. No matter your age or abilities, every individual deserves to be safe and has the right to be treated with dignity and respect. I would like to thank those organizations and individuals who are involved with and support programs and services that help combat elder abuse. I would also like to acknowledge and thank those loved ones and professional care workers who provide quality and safe care for older Manitobans.

Through awareness campaigns such as this one, I truly hope that the fight against the injustice and cruelty of elders will continue and prevent this crime from happening to others. We all have an obligation to put a stop to this unacceptable behaviour. Mr. Speaker, we need to make a commitment in this House to do better for Manitoba's seniors. I ask my fellow members here today to join me in recognizing and supporting Elder Abuse Awareness Day. Thank you. Frances Bay Hon. Stan Struthers (Min ister of Conservation): I rise before the House today to celebrate Frances Bay's induction into Canada's Walk of Fame.

Many of us asked that Bay be given her day, so this is very exciting news. Raised in my constituency of Dauphin-Roblin, Ms. Bay made her acting debut in a small role in the 1978 comedy Foul Play at the age of 60. Since then she has played numerous roles both on television and on the big screen. Her first major television appearance occurred playing the grandmother to the character of Fonzie in the TV series Happy Days .

Her more recent roles in Road to Avonlea, Who's the Boss?, and the hit TV series and pop culture icon Seinfeld, in addition to the 1996 film Happy Gilmore, remain extremely meritable and, even today, bring a warm smile to the audiences all over the world. Ms. Bay's contributions to Canada, however, are not restricted to the television set or to the big screen, Mr. Speaker. During the Se cond World War she was known as the girlfriend to the Canadian Forces posted overseas. Her radio show Everybody's Program was broadcast to soldiers fighting in Europe. Through her contributions, Ms.

Bay inspired and encouraged the troops, and she received many accolades in her efforts. Last week on June 3, Frances Bay was awarded a star on Canada's Walk of Fame. Mr. Speaker, in the eyes of Dauphinites and, indeed, all Manitobans, this is a well-deserved honour for this actress whose roots in Dauphin go back a long way and are still felt in the community today. I know that people in my constituency still know her, recognize her name, and were very active in their support of her getting her star on the Walk of Fame.

I ask all honourable members of this House to join me in congratulating Frances Bay on her very deserving induction into Canada's Walk of Fame. Thank you, Mr. Speaker.

2768 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 ORDERS OF THE DAY GOVERNMENT BUSINESS House Business Hon. Steve Ashton (Deputy Government House Leader): Yes, on House business, Mr. Speaker. We're going to seek leave to have Bill 45 called for second reading. Then, if you could, call the third readings in the order they appear on the Order Paper. SECOND READINGS Mr. Speaker: Okay, orders of the day. I'm going to call Bill 45, The Teachers' Pensions Amendment Act. Is there leave? [Agreed] Bill 45–The Teachers' Pensions Amendment Act Hon. Peter Bjornson (M inister of Education, Citizenship and Youth): Mr.

Speaker, I move, seconded by the Minister of Conservation (Mr. Struthers), that Bill 45, The Teachers' Pensions Amendment Act; Loi modifiant la

Loi sur la pension de retraite des enseignants, be now read a second time and referred to a committee of this House. His Honour the Lieutenant-Governor has been advised of the bill, and I table the message. Motion presented. Mr. Speaker: His Honour the Lieutenant-Governor has been advised of this bill, and a message has been tabled. Mr. Bjornson: This legislation is a combination of consultations over the past several years to provide a fair cost of living allowance to retired teachers.

As minister, I've been committed to working with teachers in the Teachers' Pension Task Force to address concerns about CO LA or the cost-of-living allowance. Since 1999 this government has taken many steps to improve teachers' pensions, including an increase in the contribution rate and a plan to address the unfunded liability in the pension plan. The current bill is based on recommendations from the Teachers' Pension Task Force that will improve the ability of the fund to pay cost-of-living increases over the next 10 years.

Under The Teachers' Pension Act, cost-of-living increases in a teacher's pension are funded, in part, by the pension adjustment account. A portion of t eacher contributions is credited to that account, an d it earns interest at the fund's rate of return on fixed income investments. This bill modifies the rate of return on the pension adjustment as follows: For a 10-year period, the rate of return will be the three-year average of the better of two annual rates of return, namely, the fund's rate of return on fixed-income investments and the fund's rate of return on all of its investments.

After that, the rate of return will be the three-year average of the fund's annual rate of return on all of its investments. During the 10-year period, the cost- of-living increases will be limited to 5.33 percent or two-thirds of the yearly increase in the consumer price index, whichever is less, and by available funding in the pension adjustment account. After that, the yearly increases will be limited by the yearly increases in the consumer price index. However, any increase is still subject to available funding in the pension adjustment account.

Any surpluses arising in the pension adjustment account during the 10-year period are to be reserved for use after the end of that period. Any surplus in the account at the end of the period, or arising after that, may be used only in accordance with the regulations. * (14:40) Mr.

Speaker, this bill also makes various administrative and technical amendments to the act and they include: amendments limiting a teacher's contributions to contributions in respect of salary for which a defined benefit can be accrued under a registered plan, and enabling prior contributions in respect of salary above that level to be refunded. It includes enabling teacher contribution rates, which are set out in the act, to be varied by regulation on the recommendation of the Teachers' Pension Task Force.

It includes recognizing that the school year may be shorter than 200 days, and it recognizes changes respecting the process for appointing the chair and vice-chair of the board of the pension fund.

It also includes changes enabling teachers hired as employees of the Manitoba Teachers' Society or the Manitoba Association of School Trustees to be designated at the employer's request as eligible employees retroactive to the date they were hired, so that they may remain in the fund continuously, and enabling teachers hired as employees of the school division or district otherwise then, under a teaching contract, to be similarly designated as eligible employees. In conclusion, this legislation reflects the best efforts of government and teachers to find a fair and reasonable approach to the COLA issue.

This government remains committed to addressing all

June 9, 2008 LEGISLATIVE ASSEMBLY OF MANITOBA 2769 teacher pension issues in a manner that is fair and reasonable to both active and retired teachers. I thank members for granting leave for second reading of this legislation and I thank you for the opportunity to speak to this, Mr. Speaker. Mr. Speaker: Is the House ready for the question? An Honourable Member: No. Mr. Gerald Hawranik (Lac du Bonnet): Yes, Mr. Speaker, I move, seconded from the Member for Springfield (Mr. Schuler), that debate be adjourned. Motion agreed to. DEBATE ON CONCURRENCE AND THIRD READINGS Bill 3–The Highway Traffic Amendment Act Mr.

Speaker: Okay, we'll now move to resume debate on concurrence and third reading of bills as listed. First one is Bill 3, The Highway Traffic Amendment Act, standing in the name of the honourable Member for Pembina (Mr. Dyck). What is the will of the House? Is it the will of the House for the bill to remain standing in the name of the honourable Member for Pembina? An Honourable Member: No. Mr. Speaker: No, it's been denied. Mr. Gerald Hawranik (Lac du Bonnet): Mr.

Speaker, I'll put a few brief words on the record with respect to Bill 3 and third reading and I know that I've spoken as well on Bill 3 in second reading a few weeks ago. I've indicated, as I'll indicate today, that we support the principle of the bill. In fact, we applaud the federal government for their bringing forward provisions to amend the Criminal Code to, in fact, make street racing a criminal offence. So, once the Criminal Code becomes amended to make street racing a criminal offence, I think it's incumbent on any government, the provincial government in particular, because we, as you know, Mr.

Speaker, we control the licensing procedure. We control driver's licensing within this province. It's within the jurisdiction, the constitutional jurisdiction of the Province to do that. Frequently, when the federal government does introduce changes to the Criminal Code, particularly when they relate to things like highway traffic provisions, when it comes to street racing in this particular case, that, frequently, we do follow up by also beefing up the penalties and the provisions that we have jurisdiction over, and that, in this case, is The Highway Traffic Act.

So, while I applaud the Prime Minister and former Justice Minister Vic Toews for implementing changes to the Criminal Code that add street racing as an offence and allow for tougher maximum penalties in certain street racing offences, I note that it's incumbent upon the Minister of Justice in this province to ensure that those are mirror provisions that we can implement, and those being changes to our driver's licensing provisions under The Highway Traffic Act. For that very reason, the Minister of Justice (Mr. Chomiak) has introduced Bill 3.

As I indicated before, we supported Bill 3 as it went through second reading and then through committee. We continue to support Bill 3. We hope that it makes a difference in terms of discouraging young people or those people who are adults as well, who, in fact, delight themselves in street racing. I think we have to do all that we can to discourage people, Manitobans from racing on the streets of Manitoba.

We know that there have been some terrible accidents over the last few years within the city of Winnipeg, in particular, where people were killed as a result of street racers not paying attention to pedestrians and other vehicles that are on the streets and with horrendous results, Mr. Speaker, not only in terms of deaths that have occurred but also personal injuries that have come forward as a result of street racing and not even to mention the property damage that can occur as a result of the street-racing offence. So anything we can do , Mr.

Speaker, to ensure that those that are involved within street racing, to ensure and discourage those who get involved in such an activity, I think, is a good thing. My concern, of course, is that this provision be actually enforced, Mr. Speaker. So it's not just the licensing provision. It's also a forfeiture provision as well, so that vehicles if they're involved in street racing are taken off the streets. Sometimes people who are involved in street racing do not, in fact, have a driver's licence and may have been suspended for life in terms of their driver's licence that they have.

So it's possible that just the suspension, the further susp ension of their driver's licence, isn't going to make any difference. I note that the legislation itself also allows for vehicles to be forfeitured to the Province. That's an additional penalty that's really required because of the fact that some street racers, I know, have been caught street

2770 LEGISLATIVE ASSEMBLY OF MANITOBA June 9, 2008 racing but they didn't have a licence in any event and had no hope for a licence in Manitoba for a very long time. So just suspending their licence clearly wouldn't be adequate enough. This bill itself would not only provide for that suspension, additional suspension of a driver's licence, but would also be targeted toward taking a vehicle. For that very reason, Mr. Speaker, we are in support of this bill, and we applaud the Prime Minister and the federal Minister of Justice for making street racing a criminal offence. Thank you. Mr.

Speaker: Is the House ready for the question? An Honourable Member: Question. Mr. Speaker: Okay. The question before the House is concurrence and third reading of Bill 3, The Highway Traffic Amendment Act. Is it the pleasure of the House to adopt the motion? [Agreed] Bill 4–The Provincial Court Amendment Act (Family Mediators and Evaluators) Mr. Speaker: Bill 4, The Provincial Court Amendment Act (Family Mediators and Evaluators), standing in the name of the honourable Member for Pembina (Mr. Dyck). What is the will of the House?

Is it the will of the House for the bill to remain standing in the name of honourable Member for Pembina? Some Honourable Members: No. Mr. Speaker: It's been denied. Okay, the honourable Member for Lac du Bonnet. Mr. Gerald Hawranik (Lac du Bonnet): I welcome the opportunity to put a few brief words on the record with respect to Bill 4. It's within my critic responsibility. Again, I'll have to indicate that, during the second reading debate, we did support the principle of this bill. It's gone through committee. We didn't have any presenters with respect to the committee that dealt with Bill 4.

The bill allows the Provincial Court the ability to deal with provincial mediators, family mediators and evaluators in the same way, in the same manner as the Court of Queen's Bench. The Court of Queen's Bench already has this authority under The Court of Queen's Bench Act to refer a dispute about custody or access, to refer them to mediation or to have family evaluator's report. This bill simply

Document details

Collection	Manitoba — Debates (Hansard)
Citation	39-2-54
Type	hansard
Volume / chapter	39th 2nd hansardpdf 54.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	cbb3a9eadf9de4dc8d9a88c013e9c7b9490b51c3

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