Manitoba Committee Hansard — 6 October 1988 (Statutory Regulations and Orders Committee, Sitting 1, 34th Legislature, 1st Session)

34-1-sro1

Manitoba — Debates (Hansard)

MG-8048 first Session - Thirty-fourth legislature of the legislative Assembly of Manitoba STANDING COMMITTEE on STATUTORY REGULATIONS and ORDERS 37 Elizabeth 11 Chairman Mr. H. Pankratz Constituency of La Verendrye VOL XXXVII No. 1 - 10 a.m., THURSDAY, OCTOBER 6, 1988. Printed by the Office of the Queens Printer. Province of Manitoba ISSN 0713-9527

MANITOBA lEGISlATIVE ASSEMBlY Thirty-Fourth Legislature Members, Constituencies and Political Affiliation NAME CONSTITUENCY ALCOCK, Reg Osborne ANGUS, John St. Norbert .ASHTON, Sieve Thompson BURREll, Parker Swan River C.ARR, James Fort Rouge C.ARST.AIRS, Sharon River Heights CHARLES, Gwen Selkirk CHEEMA, Gulzar Kildonan CHORNOPYSKI, William Burrows CONNERY, Edward Hon. Portage la Prairie COW.AN,Jay Churchill CUMMINGS, Glen, Hon. Ste. Rose du Lac DERK.ACH, leonard, Hon. Roblin-Russell DOER,Gary Concordia DOWNEY, James Hon. Arthur DRIEDGER, .Aibert, Hon. Emerson DRIEDGER, Herold, l. Niakwa DUCH .ARME, Gerald, Hon.

Riel EDW.ARDS, Paul St. James ENNS, Harry Lakeside ERNST, Jim, Hon. Charleswood EV.ANS, laurie Fort Garry EV.AN.S, leonard Brandon East FILMON, Gary, Hon. Tuxedo FINDL.AY, Glen Hon. Virden G.AUDRY, Neil St. Boniface GlllESH.AMMER, Harold Minnedosa GRAY, Avis Ell ice H.AMMOND, Gerrie Kirkfield Park HARAPI.AK, Harry The Pas HARPER, Elijah Rupertsland HELWER, Edward R. Gimli HEMPHill, Maureen Logan KOZ.AK, Richard, J. Transcona l.AMOUREUX, Kevin, M. lnkster M.AlOW.AY, Jim Elmwood MANDRAKE, Ed Assiniboia M.ANNESS, Clayton, Hon. Morris McCR.AE, James Hon. Brandon West MINENKO, Mark Seven Oaks MITCHELSON, Bonnie, Hon.

River East NEUFELD, Harold, Hon. Rossmere OLESON, Charlotte Hon. G!adstone ORCHARD, Donald Hon. Pembina P.ANKR.ATZ, Helmut La Verendrye P.ATTERSON, .AIIan Radisson PENNER, Jack, Hon. Rhineland PLOHMAN, John Dauphin PRAZNIK, Darren Lac du Bonnet ROC.AN, Denis, Hon. Turtle Mountain ROCH, Gilles Springfield ROSE, Bob St. Vital STORIE, Jerry Flin Flon T.AYLOR, Harold Wolseley URUSKI, Bill lnterlake W.ASYLYCI.A-lEIS, Judy St.

Johns YEO, lva Sturgeon Creek PARTY LI BERAL LI BERAL NDP PC LIBERAL LIBERAL LIBERAL LIBERAL LIBERAL PC NDP PC PC NDP PC PC LIBERAL PC LIBERAL PC PC LIBERAL NDP PC PC LIBERAL PC LIBERAL PC NDP NDP PC NDP LIBERAL LIBERAL NDP LIBERAL PC PC LIBERAL PC PC PC PC PC LIBERAL PC NDP PC PC LIBERAL LIBERAL NDP LIBERAL NDP NDP LIBERAL

LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON STATUTORY REGUL ATION S AND ORDERS Thursday, October 6, 1988 TIME - 10 a.m. LOCATION - Winnipeg, Manitoba CHAIRMAN- Mr. Helmut Pankratz (La Verendrye) ATTENDANCE - QUORUM - 6 Members of the Committee present: Hon. Messrs. McCrae, Manness, Mitchelson, Penner Ms. Gray, Mr. Harapiak, Ms. Hemphill Messrs. Lamoureux, Pankratz, Roch; Mrs. Yeo. APPEARING: Dr. Jay Brolund - The Psychological Association of Manitoba MATTERS UNDER DISCUSSION: Bill No. 4- The Re-enacted Statu tes of Manitoa, 1988, Act;

Loi sur les Lois readoptees du Manitoba de 1988 Bill No. 5- The Statute Re-enactment Act, 1988; Loi de 1988 sur la readoption de lois. Bill No. 10- The Court of Queen's Bench Act;

Loi sur la Cour du Banc de la Reine Clerk of CommiHees, Ms. Bonnie Greschuk: The committee will please come to order. We must elect a chairman for the committee responsible for Statutory Regulations and Orders. Are there any nominations? Hon . James McCrae (Attorney-General): Madam Clerk, I would move the name of Helmut Pankratz, the Honourable Member for La Verendrye, for chairman of this committee. Madam C lerk: Are there any other nominations? Mr. McCrae: I move that nominations cease. Madam Clerk: Mr. Pankratz, please take the Chair. *

(1005) Mr. Chairman, Helmut Pankratz: Good morning. We will call this meeting to order. The way this appointment as becoming chairman, I sort of am used to that from the municipal level; that is the way it is being done. I do not know how democratic it is, but anyhow, I am sure, with a little bit of assistance, we will struggle through this one. 1 We have three Bills before us this morning in regard to Statutory Regulations. On my paper, they are listed as 4, 5 and 10. I believe we have representation on Bill 10.

So, with the will of the committee, I would suggest that we move to Bill 10 first, is that agreed? (Agreed) BILL NO. 10- THE COURT OF QUEEN'S BENCH ACT Mr. Chairman: We have one gentleman that would like to appear before us on Bill No. 10, Dr. Jay Brolund. I would like to ask him at this time to come forward, please. Dr. Jay Brolund: Thank you very much. Good morning. My name is Jay ·Brolund. I am vice president of the Psychological Association of Manitoba. I am also speaking for Jim Newton, who is the president of the Association, who was unfortunately unable to be here today.

He was out of town. lt was his turn to do this. First of all, I would like to thank the committee for taking the opportunity for aHowing us to present our views and concerns as to the proposed changes to The Queen's Bench Act. I will be very brief in my comments and comment only specific ally a s to how it might affect our association. By way of background, I would like to say that the Psycholo gical Asso ciation of Manitoba is the organization given the mandate to govern and regulate the practice of psychologists in the province, pursuant to The -psychologists Registration Act.

The Act provides that, save for certain exceptions, only members of the association may hold themselves out and practice as psychologists in the province. In order to become a member, one must meet academic and training examinations and experiential qualifications which are set forth in the Act and the by-laws of the association. *

(1010) Of importance today is the fact that The Psychologists Registration Act provides for "registration" of members, but not for "licensing." The essential difference between registration and licensing involves the frequency with which a member of a given profession is issued the credential required to practice. Under the licensing system, a license is issued every year to an individual who qualifies and pays appropriate dues. Under the registration system, once an individual has qualified and become registered, the person retains his or her standing provided appropriate dues and other criteria are met. This brief background is necessary to understand our concern with one

section of The Queen's Bench

Thursday, October 6, 1988 Act as proposed, namely

Section 63. The proposed

section reads as follows: "Health Care Practitioner"

Section 63(1). In this Section, "health care practitioner" means a person licensed to practice in the health sciences field, whether in Manitoba or elsewhere." 1 refer also to

Section 63(2), physical or mental examination: "Where the physical or mental condition of a party is in question, the court, on motion, may order the party to undergo a physical or mental examination by one or more health care practitioners." The Psychological Association has a concern rising from the wording of the definition of "health care practitioner ." The definition appear s to limit the application of this

Section and in so doing may only allow the court to appoint "licensed" health care pract itioners to conduct examinations. As noted, psychologists are "registered" pursuant to the Act and are not "licensed" and therefore may not be appointed by the Court to provide such a service. We understand that the intention of this

Section was to include professionals such as psychologists, given their increasing role in the provision of mental health care in the province and in the provision of services in civil, criminal, child and family law. So a simple solution to the. association's concern would be the addition of the words "or registered" after the word "licensed" in this Section. We support the clarification brought by the Act as to who are health care practitioners in the province.

We believe that the addition of the words "or registered" in subsection 63(1) will ensure that psychologists in Manitoba will retain the opportunity to provide services to the court as they are currently provided. Thank you for your attention and consideration to this matter and allowing us to present, and not having to sit around. Thank you very much. Mr. Chairman: Doctor, would you please stay at the mike and possibly there are some committee Members who would like to pose some questions to you? Is there anybody who has any question that they would like to put forward to the doctor? Hon .

James McCrae (Attorney-G eneral): Mr. Chairman, for purpose of confirmation, am I correct in assuming that a member of your association or someone, an agent or someone speaking on behalf of your association, has met with The Queen's Bench Act Co mmittee or someone from the committee and discussed this matter? Dr. Brolund: No, we have not met specifically with the committee. We have sent a letter requesting this change to the Attorney-General. Mr. McCrae: I can confirm that. 2 Dr. Brolund: My understanding was that there is support for the change. Mr.

Chairman: Any other Members who have any question or concerns that they would like to raise? I want to thank you for making your presentation. Dr. Brolund: Thank you very much. Mr. Chairman: Thank you. *

(1015) Mr. McCrae: Mr. Chairman, may I suggest that because I have some more lengthier comments to make on Bills 4 and 5 later that we deal with Bill 10 first and then deal with Bills 4 and 5 afterward. Mr. Chairman: Yes, if it is the will of the committee. (Agreed) Since all presentations have been made and heard � in regard to Bill No. 10, The Court of Queen's Bench � Act, then is it the will of this committee to go clause by clause or page by page? We will go clause by clause. Thank you. Hon. Clayton Manness (Minister of Finance): Mr.

Chairman, is it essential that we call out every clause even though I believe the Attorney-General (Mr. McCrae) is bringing in a message? Mr. Chairman: Is it the will of the committee that we go page by page? (Agreed) Pages 3 to 7, inclusive, were each read and passed. If we are going too speedy anybody, please interject. Pages 8 to 16, inclusive, were each read and passed. Mr. Kevin Lamoureux (lnkster): If it is the will of the committee, I would just as soon start right from page 28 if there is no objection and just pass the rest. Mr. Chairman: Anybody have any concerns before page 28?

Pages 16 to 27, inclusive, were each read and passed. 28-Mr. Lamoureux. Mr. Lamoureux: Just for some point of clarification, we are going to be looking at the request, that 63(1) after the word "licence" we have /registered. Is this what- *

(1020) Mr. McCrae: Mr. Chairman, we appreciate Dr. Brolund's presentation this morning and the Government is going to propose a motion. I will do that now if that is okay with Honourable Members, a motion, that subsection 63(1) of Bill 10 be amended by adding, "or registered" after "licensed." I will do this again, Mr. Chairman. I move that clause 3 subsection 1 be amended by adding "or registered" after "licensed," and I move this motion with respect to both the English and French texts.

Thursday, October 6, 1988 Mr. Chairman: Any more questions or comments to be made on this proposed motion? On the proposed motion of Mr. McCrae, the amended clause No. 63(1) with respect to both the English and French texts, if applicable. Shall the motion pass? (Agreed) We have to pass the clause with the amendment pass. Anything else on page 28? Page 44, anybody have any questions or concerns, let us say inclusive of page 43? Page 43-pass; page 44-pass; page 45-pass; page 46-pass.

Is it the will of the committee to pass the schedules that are on page 45? (Agreed) Is it the will of the committee to pass The Court of Queen's Bench Act Title? (Agreed) Bill No. 10, as amended, is the will of the committee to pass Bill No. 10 as amended? (Agreed) Is it the will of the committee to pass the

Preamble - Mr. Harapiak. I did not get you, Mr. Harapiak? Mr. Harry Harapiak (The Pas): Is it not necessary to say the Bill will be reported? Mr. Chairman: That is up to me to state, I assume that is what you are stating, is that right? That this Bill be recorded? Mr. Harapiak: Reported. Mr. Chairman: I am in training, bear with me. •

(1025) BILL NO. 4- THE RE-ENACTED STATUTES OF MANITOBA, 1988, ACT Mr. Chairman: Is it the will of the committee to proceed with Bill No. 4, the Re-enacted Statutes of Manitoba, 1988, Act. (Agreed) Should I also inquire whether there is anybody to make representation on this? I do not think we have been notified, but is there anybody here that is going to make presentation in regard to the Bill? Is it is the will of the committee to go clause by clause or page by page? An Honourable Member: Page by page. Mr. Chairman: Page by page? (Agreed) Mr. McCrae would like to make a few comments on Bill No. 4. 3 Hon .

James McCrae (Attorney-General): Prior to consideration of Bills 4 and 5, I would like to distribute the report on the validation plan prepared by Legislative Counsel. Mr. Chairman: Mr. McCrae, were you going to make some comments on- Mr. McCrae: Honourable Members have been asking for this report and I thought I would make it available at this point. Mr. Chairman: Is this report one that Members of the committee can refer to during their questions to the Bill? Mr. McCrae: Yes, it is there to be referred to. Mr. Chairman: Bill No. 4, page 1. An Honourable Member: The

Preamble comes first? Mr. Chairman: No, it is not. On page 1-we were going to pass them page by page, is that right? *

(1030) Mr. McCrae: We should go to page 2, Mr. Chairman, because page 1 is the

preamble, which comes at the end. Mr. Chairman: Pages 1 to 8, inclusive, were each read and passed;

Preamble-pass; Title-pass; Bill No. 4- pass. Bill be reported. BILL NO. 5-THE STATUTE RE-ENACTMENT ACT, 1988 Mr. Chairman: Is it now the will of the committee to continue with Bill No. 5? Bill No. 5, is it the will of the committee to go page by page or clause by clause? An Honourable Member: Page by page. Mr. Chairman: Page by page. Pages 2 to 5, inclusive, were each read and passed;

Preamble-pass; Title pass; Bill No. 5-pass. Bill be reported. Are there any other questions in regard to these Bills that have been passed this morning? Is it the will of the House to adjourn? (Agreed) Committee rise. COMMITTEE ROSE AT: 10:33 a.m.

Document details

Collection	Manitoba — Debates (Hansard)
Citation	34-1-sro1
Type	hansard
Volume / chapter	34th 1st hansardpdf sro1.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	e461c5c15c7c62a4a9e53736d4b2c9899eb4f5c8

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