Manitoba Committee Hansard — 16 June 1977 (Legislative Affairs Committee, Sitting 10, 30th Legislature, 4th Session)

30-4-la10

Manitoba — Debates (Hansard)

Legislative Assembly of Manitoba HEARING OF THE STANDING COMMITTEE ON LAW AMENDMENTS Chairman Mr. J. R. (Bud) Boyce Constituency of Winnipeg Centre THURSDAY, June 16, 1977, 3:00p.m. Printed by P.N. Crosbie- Queen's Printer for the Province of Manitoba

'IME: 3:00 p.m. L.i:IW Rmenumen15 Thursday, June 16, 1977 :HAIRMAN, Honourable J.R.(Bud) Boyce. MR. DEPUTY CLERK: Please, gentlemen, we have a quorum. Our first item of business is to select Chairman to replace Mr. Jenkins, who left the committee a short time ago. MR. GREEN: I nominate Mr. Boyce. MR. DEPUTY CLERK: Mr. Boyce has been nominated. Any other nominations? Mr. Boyce, will ou take the Chair, please. MR. GREEN: Mr.

Chairman, although we are through with representations, formally, I understand ·om some of the members that there may be some people here who wish to make representations nd the committee has been usually graceful in accommodating them. So if there are, I think that we hould hear them. MR. CHAIRMAN: Mr. McGill. MR. McGILL: Mr. Chairman, two members of the Brandon School Board have come to the ommittee on very short notice and they are prepared to answer any questions which the committee light like to put to them in respect to Bill 69.

I'm wondering if it would be the committee's desire to ea I with that bill, perhaps first, in order that they might return to their duties in Brand on after it has een dealt with. MR. CHAIRMAN: Mr. Green. MR. GREEN: Mr. Chairman, I think that just to keep the procedure straight, we do not have �presentations in the middle of the consideration of a bill or even the asking of qu�stions. So what I rould propose is that the people from Brandon, if there are any questions to them, thatthey be asked ·om honourable members now and then we deal with the bill when we come to it.

But we haven't dopted the procedure - and I don't think we should - of dealing with representations or the public uring the consideration of clause by clause. So perhaps the gentlemen from Brandon have :>mething they want to say to the committee, and, if so, they could say it now. MR. CHAIRMAN: Mr. McGill. MR. McGILL: Yes, well on that point of order, Mr. Chairman, I think that would be quite agreeable, 1at any questions that committee members might have could be put to the trustees at this time. MR. CHAIRMAN: Were there any questions by members of the committee of representatives of randon on Bill 69?

Perhaps we could have the names. Could the people come to the microphone nd identify themselves, please. Could you spell your name for the record so that the .. . MR. CLERMONT: I'm Leo Clermont. I'm a trustee of Brandon School Division No. 40 and with me . Mrs. June Jones and she is also a trustee of the Brandon School Division No. 40. MR. CHAIRMAN: Mr. Uruski. MR. URUSKI: Mr. Chairman, I'd like to ascertain the changes that have been presented is, as I nderstand it, a reverting back to the split elections in the Brandon School Division.

Have you tried 1e new system that was implemented originally when the amendments were passed? MR. CLERMONT: Mr. Chairman, we haven't. The elections that woulc;l give us that opportunity of 1ange would be this coming fall. We thought at the time when we asked for the change that we were :>ing to save a little money by coinciding them with the City of Brandon, who also went on a three �ar term, fully aware and not realizing that a complete board could change in one year, which we 1el could disrupt our school division to some extent.

I feel any elected member, except possibly the odd one or two who are used to political life, must jmit that in their first year on any election capacity they haven't putouttheir best. We feel that once )U have been there for a year or two that you more or less get with it. You're in it. You're digging all 1e time. And the first year, I believe, if you are a complete new board, which we have witnessed in the ity of Bran don .. . All but one was re-elected and he resigned due to ill health. They seem to have anaged through it but our assessment, as a division, was that we felt that two years ...

We had ade a mistake when we asked for it and, if you make a mistake, you should try and correct it. And 1at's hopefully what we are asking you to do for us. MR. URUSKI: You haven't, in other words, gone through a three-year system. I ask this question: ow do you know that it would not work out, when all the councils in the Province of Manitoba have )W gone to the three-year system, and Provincial Legislatures have been going on a, generally, four 'five-year system historically? MR.

CLERMONT: This is the first time I have been in the House and I would imagine that most �re in this room would have to agree with me that if there was a complete total change of the embers of parliament sitting in that House, there could be the odd difficulty arise. We have had a >mplete change in our city council. Our school division feels that we should be going back to a two �ar term. A two-year term isn't quite as demanding as a three and possibly more people would be terested in accepting a two-year term.

You realize throughout the province that there are several :hool trustees that are put in by acclamation. In Bran don, the lastfew years anyway, there seems to 299

Law Amenamems Thursday, June 16, 1977 have been lots running for this position but, however, we feel that with the twoyears we could encourage more people to run. We feel, I don't like repeating myself, but we feel we made a mistake in requesting it in the firs1 place. We're asking you to fix up our wrong, I guess. But we feel in the best interest of education, in our division anyway, that we are asking you to make it a two-year term and we feel quite justified in asking for this with the alternate that a complete change could be taking place. MR. CHAIRMAN: Mr. Miller. MR. MILLER: Well, Mr.

Chairman, through you I just wanted to pose to the delegation the question .. . I recognize the question of continuity that is posed. On the other hand, how can the electorate show their displeasure with policies of a school board if, in fact, they cannot alter them in a given election? The most they can hope for is perhaps to turf out half of the school board, but they wouldn'1 have the opportunity to radically change the composition of the school board so that the programs 01 policies which the school trustees are following might not be what the electorate wants.

The idea behind a longer term and the one election at one time is so that the electorate can show how it feels about the existing school board, and if they didn't like what they were doing, yes, they could turn them all out. But the advantage there is that of course the democratic process would then be allowec to function very effectively. Do you not agree that that is also an important aspect? MRS. JONES: If I could speak to that, please.

I feel that by being able to express their displeasure with any sitting board by - as you say- turfing out half of that board, the public has a more thar adequate opportunity of expressing their displeasure and I'm sure the remaining five members of the board would take that message quite seriously. Furthermore, the orderly pro�ess of change woulc not be disrupted. MR. MILLER: So you think they would get the message. Do you think the message would come through to the others? Yes, okay, fine. MR. CHAIRMAN: Mr. McGill. MR. McGILL: Mr. Chairman, I would like to ask Mr. Clermont and Mrs.

Jones, in respect to the public at large demonstrating their objection to the activities of the school board, under the systerr that you now are requesting they would have a much more immediate opportunity, would they not in fact annually - and there would be less of a time lag. If, for instance, a board is elected for three years in total and in the first year there was

an act by the board which the public very much resented the majority, it would be necessary for them to wait for two more years to pass before any kind o· objection could be registered at the polls; is that not so? MR. CLERMONT: This is absolutely right but I think more than any radical change would be a lac� of accomplishment, really, for the first year. If you all relate back to possibly your first year ir whatever position you were elected for, I think the first year would be kind of a learning process. think that possibly when people disagree with us .. .

I don't know how many of you in this room are familiar with the family life issue that we had going in the Brandon School Division, but we were certainly told how the ones who were opposing it felt. They showed their interest by running three 01 four candidates at the last election. The residents of our fair city indicated what their feelings were

b) the trustees that they put in. !.think the voters have a way of getting to you sooner or later, whether o1 not they want you to continue or not, Mr. Chairman. MR. CHAIRMAN: If there are no other questions, I thank you very much Mrs. Jones and Mr Clermont. Mr. Murray. Is Mr. G. J. Murray here? All right then the bills before us ... -(l nterjection) Well, the House Leader undertook to go through them at the will of the opposition. (Bill No. 9 was read page by page and passed.) Bill be reported. Bill No. 10,

an Act to amend the County Courts Act. There is an amendment to this Act. Page 1-� Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that the proposed new subsection 85(3) of the County Court! Act as set out in Section (6) of Bill 10 be amended by striking out the words, and I quote: "he has no followed the rules of evidence in admitting evidence " in the second and third lines thereof anc substituting therefor the words "the rules of evidence have not been followed." A MEMBER: Explain. MR. CHAIRMAN: Legislative counsel. MR.

TALLIN: lt was pointed out to us by a member of the Bar that frequently the rules of evidencE are not complied with, not in respect of admitting evidence, but in respect of refusing to admi evidence this is just a wording to get around that little difficulty. MR. CHAIRMAN: Is the amendment acceptable? Page 2 as amended- pass; Page 3-pass

Preamble-pass; Title-pass. Bill be reported as amended. Bills Nos. 12, 13 and 19 were read page by page and passed.) Bills be reported. Bill No. 22,

an Act to amend the Personal Property Security Act and certain other Acts relating tc Personal Property. There's an amendment to this Bill. The amendment is on the last page of the Bill 300

Law Amendments Thursday, June 16, 1977 •ages 1 to 5 of Bill No. 22 were read and passed.) MR. URUSKI: Mr. Chairman, I move that

Section 20 of Bill 22 be amended by adding thereto atthe 1d thereof the words and figures "and sections 14 and 16 are retroactive and shall be deemed to lve been in force on, from and after March 30, 1977." MR. TALLIN: These two sections repeal provisions of the Assignment of Book Debts Act and the lis of Sale Act which required financing statements to be filed as of March 31 with any registrations 1der those Acts. This is to take the amendments back so that it would be clear that those financing atements are not required at any time yet. MR. CHAIRMAN: Is the amendment accepted? (Agreed)(The remainder of Bill No. 22 was read 1d passed.) Bill as amended be reported. Bill No. 25,

an Act to amend The Buildings and Mobile Homes Act. Page 1- pass;

Preamble ISS. -(Interjection)- Mr. Pauulley. MR. PAULLEY: Mr. Chairman, just by way of explanation, the other day in Committee the epartment proposed certain amendments which may have been in violation of introducing new nendments to a Bill after having been referred to the Committee. I did forward to the members of the ro opposition parties proposed amendments but rather than proceed at that particular time, we !emed it advisable to withdraw the amendments to the Bill at that time and they are now contained thin the statutory law amendments in the same substance. (The remainder of Bill No. 25 was read and passed.) Bill be reported. Bill No. 39,

an Act to amend The Planning Act. There are amendments to that bill. MR. PATRICK: Can you hold the next two for a little while till. MR. CHAIRMAN: 39? MR. PATRICK: 39 and 57. MR. CHAIRMAN: 39 and 57. Is it agreed? (Agreed). (Bill No. 59 was read page by page and passed. ) Bill be reported. lt was agreed we were holding Bill No. 62. Bill No. 64

an Act to amend The Highway Traffic Act (4). There are amendments to the this Bill. The first page of this bill has been passed at a prior meeting of the Law Amendments Committee. •u stopped in consideration of this bill on Page 2 of the bill. With leave of the Committee, we'll go ck and correct the spelling of the word "kilometres" from "ers" to "res." Is it agreed? (Agreed) Page 2-pass; Page 3. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that

section 8 of Bill 64 be amended (

a) by striking out the word "subsection" where it appears for the 2nd time in the 2nd line thereof d substituting therefore the word "subsections"; and (

b) by adding thereto, immediately after proposed new subsection 185(4) to the Act, the following bsection: Disposition of seized device. 185(5) Where the device for detecting radar speed termination equipment has been seized by a peace office, under subsection (4), the judge or 1tice hearing any matter under subsection (3) may order it confiscated or returned to the owner bject to such conditions as the judge or justice may deem reasonable and just. MR. CHAIRMAN: Is it agreed. (Agreed) Page 3 as amended-pass; Page 4-pass;

Preamble ss; Title-pass; Bill as amended be Reported. Bill No. 67 - The Credit Unions and Caisses Populaires Act. There are amendments to this bill. 1ntlemen, the first amendment is on Page 11. (Pages 1 to 10 were read and passed.) Page 11. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that subsection 12(4) of Bill67 be amended by striking outthe 1rd "without" in the 6th line thereof and substituting therefor the word "within". MR. CHAIRMAN: Is the amendment accepted? (Agreed) Page 11, as amended-pass. (P ages 12 19 were read and passed.) Page 20. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that Bill67 be amended by striking out

section 28 thereof and :>stituting therefor the following section: Loans to members. 28(1) Subject to the regulations, a 1dit union may make loans to its members in such amounts and upon such terms and conditions as termined by the board of directors.

Maximum interest rate. 28(2) The maximum rate of interest ugeable by a credit union on any loan or advance made by it shall be as prescribed by regulations. ans made in violation of Act. 28(3) Where a loan or advance is made by a credit union to any mber thereof in violation of this Act or the regulations, the person receiving the loan or advance j all directors and other officers and members of committees of the credit union who, with )Wiedge of the violation, make or approve the loan or advance, are jointly and severally liable to the 1dit union and to ite creditors for the unpaid balance of the loan or advance with interest.

MR. CHAIRMAN: Is the amendment acceptable? (Agreed) Mr. McKenzie. MR. McKENZIE: I wonder if the Minister or legal counsel could give us any advice if some of the 'dit unions, especially in the smaller centres, aren't going to have some problems now finding a ector? Most of the time before it was on strictly a volunteer basis. Now he's going to have to live up �ertain liabilities and I've had some concern expressed to me. I just wonder if the Minister has, 301

under this section. MR. CHAIRMAN: Mr. Minister. Law Amendments Thursday, June 16, 1977 MR. TOUPIN: Actually, Mr. Chairman, the reason for the amendment before us is to replace an1 place in sequence the amendments in the Act itself.

In regard to the substance of the question posed by the honourable member, yes, there has bee1 concern expressed but yet the concern has been met by recommendations of the Central deal in! with the possibility of directors -( Interjection)- No, not getting a bond because that's been a cas, for many years, but they can actually withdraw from a decision and abstain themselves from an· liability. And it is in the present Act, I must say. MR. CHAIRMAN: Page 20 as amended-pass. Page 21. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that

section 37 of Bill 67 be amended by adding theretc immediately after the word "Act" in the 3rd line thereof, the words "and the regulations". MR. CHAIRMAN: Agreed? Page 21 as amended-pass; Page 22. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that Bill67 be amended by striking out

section 41 thereof an1 substituting therefor the following section: Investments. 41 A credit union may make investment as prescribed by and in accordance with the regulations. MR. CHAIRMAN: Agreed? Page 22 as amended-pass. (Pages 23 to 28 were read and passed. Page 29. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that subsection 60(3) of Bill67 be amended by striking out th< figures "46" in the last line thereof and substituting therefor the figures "51". MR. CHAIRMAN: Is the amendment acceptable? (Agreed) Page 29 as amended-pass. (Pages 3t to 70 were read and passed.) Page 71. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that Bill 67 be amended by striking out

section 145 therec and substituting therefor the following: Officers. 145 The board shall elect a chairman and vice chairman from among its members and may appoint a secretary and a treasurer. MR. CHAIRMAN: is the amendment acceptable? Mr. McKenzie. MR. McKENZIE: Okay. MR. CHAIRMAN: Page 71 as amended-pass; Page 72. Mr. Uruski. MR. URUSKI: Mr. Chairman, I move that Clause 150(1 )(

j) of Bill67 be amended by striking outth' letters "XI" in the 2nd line thereof and substituting therefor the letters "IX". MR. CHAIRMAN: Acceptable? Page as amended- -pass; Page 73-pass; Page 74. Mr. Urusk MR. URUSKI: Mr. Chairman, I move that subsection 154(1) of Bill 67 be amended by striking ou the words "the fiscal year"in the 4th line thereof and substituting therefor the words "the credi union's fiscal year." MR. CHAIRMAN: Is it agreed? There is a second amendment on Page 74, is there not? MR. URUSKI: Also, Mr.

Chairman, I move that Bill 67 be amended by striking our subsectio1 154(4) thereof and substituting therefor the following subsection: Notice of levy. 154(4) Th1 stabilization fund shall send by mail to each credit union assigned to it, prior to the end of each fisca year of the credit union, notice of the percentage of shares, savings and deposits to be levied and th1 credit union shall, within three months after the end of its fiscal year, pay the required amounttoth1 stabilization fund. MR. CHAIRMAN: Is the amendment accepted? Page as amended -pass. The next amendment i on Page 92.

Pages 75 to 91 inclusive-pass. Page 92. Mr. Uruski. MR. URUSII<I: I move that subsection 195(1) of Bill 67 be amended by striking out the words "an: document required by this Act to be sent to the Registrar" in the 2nd and 3rd lines thereof an1 substituting therefor the words "the annual return, articles or charter .by-laws of a credit union file1 with the Registrar." MR. CHAIRMAN: Is the amendment accepted? There's a second amendment on Page 92? MR. URUSKI: Right.

I move that subsection 195(2) of Bill 67 be amended by striking out the word: "required by this Act to be sent to the Registrar" in the 2nd line thereof and substituting therefor th1 words "to which reference is made in subsection (1)". MR. CHAIAN: Is the amendment accepted? Page 92 as further amended -pass; Page 93-pass Page 94-pass;

Preamble-pass; Title-pass. Bill as amended be Reported. Bill No. 69 -

An Act to Amend The Public Schools Act. There is an amendment to this Act. Mr McGill. MR. McGILL: Mr. Chairman, there are certain amendments which are of a technical nature her and I wonder if legal counsel, Mr. Balkaran, could explain to the Committee justthe purpose of thes amendments. MR. CHAIRMAN: Mr. Balkaran. MR. BALKARAN: Mr. Chairman, the amendments as distributed provide essentially to correct on deficiency that this bill had overlooked, and that is it would have, as printed, removed the free optio1 302

Law Amendments Thursday, June 16, 1977 rr certain school boards if they wanted to have their trustees elected for three years. Isn't that right, r. McGill? And that's what these amendments essentially correct. MR. URUSKI: Mr. Chairman, could we move those amendments as printed and distributed? MR. CHAIRMAN: Is it agreed? MR. McGILL: Yes, that's quite satisfactory. MR. CHAIRMAN: Just so we keep it straight: Page 1 as amended and Page 2 as amended-pass; reamble-pass; Title-pass. Bill as amended be Reported. Bill No. 73 -

An Act to amend

an Act to Incorporate the Sinking Fund Trustees of the Winnipeg chool Division No. 1. Page 1- pass;

Preamble-pass; Title-pass. Bill be Reported. Bill No. 77 -An Act to amend The Pension Benefits Act. There are some amendments to this bill. MR. PAULLEY: Mr. Chairman, these amendments will be proposed by the Honourable Member )f Crescentwood with agreement with the Minister of Labour. MR. CHAIRMAN: Mr. Steen. MR. STEEN: On Page 1 of the bill, Mr. Chairman, I move that the proposed clause 21 (1)(

a) ofThe ension Benefits Act as set out in

section 1 of Bill 77, be amended by adding thereto, immediately fter the word "age" in the 8th line thereof, the words "to a deferred life annuity". MR. CHAIRMAN: Is the amendment accepted? (Agreed) Page 1 as amended -pass. Page 2- ass; Page 3-pass; Page 4. Mr. Steen. MR. STEEN: Mr. Chairman, I move THAT the proposed subsection 24(6) of the Pension Benefits et as set out in

Section 6 of Bill 77, be amended by striking out the figures "30". in the third line 1ereof and substituting therefor the figures "60". MR. CHAIRMAN: Amendment accepted? (Agreed) Page 4 as amend ed- pass;

Preamble-pass; itle-pass. The Bill as amended be reported. MR. CHAIRMAN: (Bill No. 81 was read page by page and passed.) Bill be reported. Bill (No. 82) - The Statute Law Amendment Act (1977). Mr. Jorgenson. MR. JORGENSON: Just hold that one for a few moments. Mr. Graham said he would like to speak n this particular bill and he is in the other committee. MR. CHAIRMAN: Bill No. 85,

An Act to Amend the City of Winnipeg Act (2) and there are ... We •ill set this bill aside for a few moments as apparently there are some amendments to this bill. Bill No. 86 - there are amendments to this bill. -(Interjection)- We set Bill 85 aside for awhile ecause apparently there are some amendments to that bill. Under consideration by the committee is ill No. 86 - an

An Act to amend the Election Act to which there are some amendments. If you want 1is bill held we'll set it aside. Do you want it set aside? Well, you know, I'm sorry, gentlemen, it's the •ill of the committee and any meer has the right to ask for consideration if he wants us to slow down r something else. The committee was passing this bill at this pace atthe will ofthe committee. There ras an indication earlier that a gentleman wanted to make representation to the committee who was pparently flying in from Toronto. Mr. Murray. Is Mr. Murray present - he is still not here. MR. CHAIRMAN: There is an indication the committee wishes to consider Bill No. 39,

An Act to mend The Planning Act to which there are amendments. Bill No. 39. Has everyone got their mendments? As it has been the will of the committee that we pass it page-by-page, I will proceed, nless some member raises his hand with questions to some particular clause. (Pages 1 to 3 of Bill No. 39 were read and passed.) Mr. Miller. MR. MILLER: Mr. Speaker, I move THAT

Section 25 of Bill 39 be struck out and the following ection be substituted therefor: .. . MR. CHAIRMAN: If it is the will of the committee, we will accept these amendments as distributed lther than have Mr. Miller read them out. MR. MILLER: I would love that. MR. CHAIRMAN: Is it agreeable? (Agreed) MR. MILLER moved: Subsection 39(1.1) to (1.7) added. 25

Section 39 of the Act is amended by ::lding thereto, immediately after subsection (1) thereof, the following subsections: Interim evelopment control order. 39(1.1) With respect to an area for which there is no adopted evelopment plan or basic planning statement, the minister may by order, published in the Gazette, eclare that it is an interim development control area. Development control. 39(1.2) With an tterim development control area, no development shall take place unless a development permit 1erefore has been obtained from (

a) the board of the district, if the area is within a planninq istrict; or (

b) in all other cases, the council. Development permit. 39

(1.3) The board of a district or the ouncil, as the case may be, may in its discretion issue or refuse to issue a development permit or .sue a development permit subject to specified terms and conditions, and in exercising its discretion 1e board or council shall have regard to the conformity of the proposed development to the 303

Law Amenamems Thursday, June 16, 1977 proposed development plan or basic planning statement, as the case may be. Expiry of Developmen permit. 39(1.4) If the development authorized by a development permit issued under this

section i not commenced within 12 months from the date of its issue, the development permit ceases to b1 valid. Duration of order. 39(1.5) An order made under subsection (1.1) shall cease to be in effec after a period of time specified therein or upon the adoption of a zoning by-law, whichever come: first. Publication of notice. 39(1.6) The board or council, as the case may be, shall publish a notic1 of an order made under subsection (1.1) in a newspaper having a general circulation in the area a least once a week for two successive weeks.

Provision in order. 39(1. 7) An order made unde subsection (1.1) may provide that a development permit is not required for those types o development specified therein or that a development permit is required for only those types o development specified therein, and subsection (1.2) shall be construed accordingly. MR. CHAIRMAN: Page 4 as amended-pass; Page 5-pass; Page 6. Mr. Miller. MR. MILLER: There is an amendment on Page 6, Mr. Chairman. I move THAT proposed new subsection 39 (7) to the Act as set out in

Section 26 of Bill 39 be amended {

a) by striking out the words and figures "referred to in clause 6(a)" in the second line thereof; anc {

b) by striking out the words and figures "referred to in clause 6(b)" in the 4th line thereof; anc substituting therefor the words and figures "is adopted within the periods referred to in subsections • and 6." MR. CHAIRMAN: I am advised it is a technical amendment. Is that acceptable? (Agreed) Page al amended-pass. There is another amendment on this page. MR. MILLER: This is a long one again, Mr. Chairman. Do you want to dispense with that one MR. CHAIRMAN: Is it the will of the committee that we accept this amendment as distributed� (Agreed) MR. MILLER moved: THAT proposed new subsections 46(3), (4) and (4.1) to the Act asset out in

Section 29 of Bill 39 be struck out and the following subsections substituted therefor: Disposition of objection. 46(3) Within 30 days after the conclusion of a hearing under this section, the Municipal Board or the boarc of the district, as the case may be, shall (

a) confirm or refuse to confirm any part of the by-law to which objection was made; or (

b) recommend that council amend the by-law in such manner and subject to such terms anc conditions as it may prescribe; and shall send a notice of its decision to (

c) the director; (

d) the board of the district, if applicable; (

e) those who made representations at the hearings; and (

f) the council. Procedures on amendment. 46(4) Sections 43 to 47 apply to an amendment pursuant to a recommendation under clause (3)(b), unless the Municipal Board or the board of the district, as the case may be, has in its order authorized council to make the amendment at third reading, either without notice or with such notice as may be stipulated in the order.

Council to strike out certain parts of by-law. 46(4.1) Where the Municipal Board or the board of the district, as the case may be, has refused to confirm any part of the by-law to which objection was made, council shall not give third reading to the by-law unless it strikes out of the by-law those parts which were not confirmed.

By-law deemed to have second reading only. 46( 4.2) Where prior to the coming into force of this subsection a by-law had received third reading pursuant to subsection 44(1) and The Municipal Board or the board of a district had refused or refuses to confirm any part of the by-law, the by-law shall be deemed to have received second reading only and may be dealt with in accordance with subsection (4.1). MR. CHAIRMAN: Page 6 as further amended-pass. (Pages 7 to 9 of Bill 39 were read and passed.) Page 10, Mr. Miller. MR. MILLER: Mr. Chairman, I move THAT proposed new subsection 66(2) and (3) to the Act as set out in

Section 39 of Bill 39 be amended by adding thereto immediately after the word "his" where it occurs in the first line of each of those subsections in each case the words "or its." MR. CHAIRMAN: I am advised that it is a grammatical correction. Is it acceptable? (Agreed) (The remainder of Bill 39 was read and passed.) Bill be reported. Bill No. 85 -

An Act to amend the The City of Winnipeg Act. There are amendments to this bill. Do r;,embers have a copy of the amendments? I am advised that these amendments are all technical. Have members had an opportunity to peruse them? Page 1-pass. Page 2. Mr. Uruski. MR. URUSKI: Those amendments have been distributed and perused by the members and if it is acceptable, I would move these amendments as set out, as distributed. MR. CHAIRMAN: Agreed? (Agreed) (The remainder of Bill 85 was read and passed.) Bill as amended be reported. Bill No. 86? Is it the wish of the committee to proceed with Bill No. 86? I am advised the 304

Law Amenamen1s Thursday, June 16, 1977 1endments are on Page 2 and 5 of Zill No. 86. Page 1. Mr. Axworthy. MR. AXWORTHY: No, it's page 2, Mr. Chairman, I want to say something on. MR. CHAIRMAN: Page 2. There is an amendment on Page 2, perhaps we could move the 1endment, and then Mr. Axworthy. Mr. Uruski. �· MR. URUSKI: Yes, Mr. Chairman, I move THAT clause {

b) of

Section 7 of Bill 86 be struck out and ! following clause substituted therefor: {

b) by striking out the words "prior to the date of the issue of the Writ of Election" in the first and �ond lines of clause {

c) thereof and substituting therefor the words "immediately prior to the date ed for polling at the election." MR. TALLIN: In the action under The Contraverted Elections Act for the Gimli constitutency, the !ges determined that the qualification for a judge depended on residence for 12 months mediately prior to the date of the Writ of the Election. This is to bring this in line with that so that ople won't have to look to a judgment to find out how the courts interpret those words "prior to the te" ...

And now this is being changed, of course, from the date of the Writ of the Election to the te of the polling of the election. lt is to make it clear to people reading it that it is those 12 months 1ich immediately precede that date not some 12 months, 12 years before. MR. CHAIRMAN: Mr. McKenzie. MR. McKENZIE: I just can't read those words in the bill I've got before me in {b) - 7{ b)? - 1terj ecti ons )- MR. CHAIRMAN: Is the amendment acceptable to the committee? Mr. Axworthy. MR. AXWORTHY: Mr. Chairman, I wanted to move an amendment to

Section 17 if I might. A oposed amendment to

Section 17{ 1 ){

c) of the Manitoba Election Act entitled "Qualifications to go list of voters. Delete the phrase "at least 12 months" and replace it with "at least 90 days"- 90 days thin the province. -{ Interjection)- Yes, you only have to be in the constituency on the day the writ ts issued. MR. CHAIRMAN: Just so there's no misunderstanding, the amendment which was distributed d referred to by Counsel is passed. Now the member's motion is in order. Gentlemen, can I have your attention please? We have a motion before us by the Member for Fort 1uge that - I wonder if the member could repeat it. lt is moved by the Member for Fort Rougethatthe proposed amendment to

Section 17(1)(

c) of the mitoba Election Act, entitled Qualifications to go on list of voters; to delete the phrase "at least 12 mths" and replace it with "at least 90 days." Mr. Axworthy. MR. AXWORTHY: Mr.

Chairman, if I could speak to the amendment, I think that on several casions , going back to when I introduced a resolution in 1974 and spoke on the bill on second :tding, I identified the problem that in this day and age there are large numbers of people- I would timate in the thousands because of the mobile nature of our society - move in and out of a ovince and may establish residence here within a period, a much shorter period than a year, and d themselves therefore, may have lived here 8 months, 9 months and intend to take up permanent �idence and find themselves deprived of a vote in a provincial election.

I don't know how other !mbers found it when they were campaigning last time, but I found many people very upset that �Y were being deprived of the privilege of voting for a member simply because they had to be here ·a full year. lt seemed that there was a requirement to at least shorten the time of residency. I would ce note, I believe in the Province of Ontario it's a six month period.

We chose 90 days just to go rhaps one better than Ontario, but I think even more practically, because we felt that that was a ·ee-month period it would indicate something more than a transitory location or residency, but at � same time would not penalize them for having simply moved in. I think that the 3-month period is e that would be sufficient to establish the indication that there is a permanent residency taking l.ce . I think, Mr.

Chairman, and Members ofthe Committee, it's simply a recognition ofthe fact that we , longer live in a static world, that there is an awful lot of changes going on, a lot of people moving :>und. As a result many people find themselves disenfranchised and I think that the purpose of this 1endment is to enable them to be able to cast their vote when the election is held within a proper riod of time and I don't think 90 days is uncalled for in this circumstance. MR. CHAIRMAN: Well, I have a question of the Committee.

The amendment goes to the 1endment of the statute, albeit the same clause in the statute amended by this particular section, t nevertheless we have had several debates in Committee whether this kind of amendment should considered by the Committee or brought in at the report stage. As your Chairman I am at the will d pleasure of the Committee, so it's another case of an amendment to the statute and not the bill, >eit to the same section. Mr. Jorgenson. MR.

JORGENSON: The decision that was made in order to accommodate the work of the Session at least for this particular Session until a final decision can be made by the Rules Committee- was :tt amendments of this nature would be accepted if there was prior notice given of an intention to 1end a

section that was not contained in the bill to amend. I don't know whether it was done in this 305

Thursday, June 16, 1977 case. This is the first I've heard of the amendment so it doesn't comply with the decision that Wi made. The only other alternative that I can think of is that the Member for Fort Rouge could introduc that amendment at the report stage and then it would, I think, comply with the decision that was m a< by this committee. MR. CHAIRMAN: Mr. Axworthy. MR. AXWORTHY: I think that the Member for Morris is correct. I did indicate in the debate c second reading that we intended to introduce amendments to the Election Act because we felt it w1 not sufficient.

If, however, the more appropriate time would be at report stage, I'd comply with that would like to indicate at the sametime that I also have an amendment relating to the fixing of advan< polls which probably even steps beyond this because there is not

section of the present Act that related to advanced polling. But I think, again, it's an important amendment that should be made 1 the Election Act. Again, I'd be prepared to move both those amendments at report stage on or proviso, Mr. Chairman, that report stage is not done, sort of within 15 minutes, so that one has tt time to catch one's breath in between times. A MEMBER: You have 24 hours, according to the Rules of the House. MR. 24 hours from the time that it passes Committee till it's considered in the House. MR. AXWORTHY: Yes, Mr.

Chairman, I'm quite prepared, if it would expedite the work of th Committee which seems to be a major ambition, then I'd be prepared to relate this. I assume then the amendments are moved at report stage. then we'd return back to Committee. Is that correct? that in order? lt would just be moved or accepted - dealth with at report stage? -(Interjection) . Fine. Thank you Mr. Chairman. MR. CHAIRMAN: Mr. Enns. OMR. ENNS: The question I was raising Mr. Chairman, whether the Honourable Member for Fo Rouge would have copies of the proposed amendments distributed to members. MR.

CHAIRMAN: Page 2 as amended -pass; Page 3- pass; Page 4-p ass; Page 5. Mr. Urusk MR. URUSKI: Mr. Chairman, I move that the proposed subsection 90(1 0) of the Election Act as se out in

Section 15 of Bill 86 be amended by striking out the word "at" in the first line thereof an substituting therefor the words . "as soon as possible" after. MR. CHAIRMAN: Is the amendment acceptable? (Agreed.) Page 5 as amended- pass. Page 6- pass; Page 7-pass;

Preamble -pass; Title- -pass. Bill as amended be reported. Bill No. 57. Mr. Jorgenson. MR. JORGENSON: No, Mr. Chairman, Mr. Sherman has indicated that he is not able to get awa from the other Committee at this time and so I suggest that this Bill be held. l'd also make one furthE suggestion. I understand that Mr.

Murray, who is arriving from Toronto and is due in here sometim this afternoon, and I wondered if rather than waiting until this evening and having the Committe reconvened this evening, if he does arrive prior to that time, it wouldn't be possible to perhap reconvene the Committee at 5 o'clock or so and perhaps we could hear him then. MR. CHAIRMAN: Perhaps we could ring the bells? Mr. House Leader? MR. GREEN: Mr. Chairman' I wonder whether it wouldn't be better to come back at 8:00 so th� members here will have the time between then and now, not sort of wandering around, and th gentleman will speak at 8 o'clock.

MR. CHAIRMAN: A motion that the Committee rise will be in order. Committee rise. 306

Document details

Collection	Manitoba — Debates (Hansard)
Citation	30-4-la10
Type	hansard
Volume / chapter	30th 4th hansardpdf la10.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e3531367710c54761c09daa72766fc45efc6daec

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