Ms. Diane McGifford (Osborne): Madam Speaker, I beg to present the petition of Alex Ross, Irene E. Cox, Grant Shepherd and others requesting that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

Mr. George Hickes (Point Douglas): Madam Speaker, I beg to present the petition of Denise Selewich, Matilda Melcosky, Angie Leslie and others requesting that the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

Mr. Gregory Dewar (Selkirk): Madam Speaker, I beg to present the petition of Rick Busser, Elaine Elliott, C. Armstrong and others requesting that the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

Ms. Becky Barrett (Wellington): Madam Speaker, I beg to present the petition of Ron Radonis, Vern Braun, Charles Wolfe and others requesting that the Legislative Assembly urge the Minister of Family Services (Mrs. Mitchelson) to consider repealing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care, that this annual income increases as prices increase, that this new legislation provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families and that this new legislation provides adequate supports so that individuals with disabilities receive appropriate assistance in finding meaningful work.

Mr. Conrad Santos (Broadway): Madam Speaker, I beg to present the petition of C.E. Porter, B.H. Haines, Steve Webb and others requesting that the Legislative Assembly urge the Minister of Family Services (Mrs. Mitchelson) to consider repealing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care and that this annual income increases as prices increase and that this new legislation also provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families, that this new legislation provides adequate support so that the individuals with disabilities receive appropriate assistance in finding meaningful work.

Mr. Gerard Jennissen (Flin Flon): Madam Speaker, I beg to present the petition of James Williamson, Andrew Neufeld, Kemlin Nembhard and others requesting that the Legislative Assembly urge the Minister of Family Services to consider repealing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care and that this annual income increases as prices increase and that this new legislation provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families, that this new legislation provides adequate supports so that individuals with disabilities receive appropriate assistance in finding meaningful work.

Ms. Marianne Cerilli (Radisson): Madam Speaker, I beg to present the petition of Ernie McLean, Larry Novakowski and Ervin Hemminger requesting that the Legislative Assembly urge the Minister of Family Services to consider repealing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care and that this annual income increases as prices increase and that this new legislation provides for the creation of real jobs and the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families, that this new legislation provides adequate supports so that individuals with disabilities receive appropriate assistance in finding meaningful work.

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Mr. Eric Robinson (Rupertsland): Madam Speaker, I beg to present the petition of Judi McFarland, Murray T. Bradshaw and Karen Richardson requesting that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

Madam Speaker: I have reviewed the petition of the honourable member for Burrows (Mr. Martindale). It complies with the rules and practices of the House. Is it the will of the House to have the petition read?

An Honourable Member: No.

Madam Speaker: Dispense.

THAT in 1976 Canada signed the United Nations Covenant on Economic, Social and Cultural Rights which recognized the right of everyone to make a living by work which is freely chosen, recognized the right of everyone to an adequate standard of living, including adequate food, clothing and housing, recognized the right of everyone to enjoy a high standard of physical and mental health, and provided for the widest possible protection and assistance to the family; and

THAT poor children and adults in Canada continue to die at a higher rate and earlier age than people with adequate incomes; and

THAT Bill 36, The Social Allowances Amendment Act, will create even greater poverty among the poor in Manitoba by eliminating government responsibility to ensure that everyone who lacks adequate food, clothing, housing and health care has these needs met; and

THAT the bill proposes to punish people by cutting them off from social assistance or reducing their benefits if they fail to meet employment expectations; and

WHEREFORE YOUR PETITIONERS HUMBLY PRAY that the Legislative Assembly of Manitoba urge the Minister of Family Services to consider withdrawing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care and that this annual income increases as prices increase and that this new legislation also provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families.

Mr. Jack Penner (Chairperson of the Standing Committee on Public Utilities and Natural Resources): Madam Speaker, I rise with pleasure today and I beg to present the Second Report of the Committee on Public Utilities and Natural Resources.

Madam Speaker: Dispense?

Some Honourable Members: No.

Madam Speaker: The Clerk to read.

Mr. Clerk (William Remnant): Your Standing Committee on Public Utilities and Natural Resources presents the following as its Second Report.

Your committee met on Tuesday, October 29, 1996, at 6:30 p.m.; Wednesday, October 30, 1996, at 6:30 p.m.; Thursday, October 31, 1996, at 9 a.m. and at 6:30 p.m.; Friday, November 1, 1996, at 9 a.m.; Saturday, November 2, 1996, at 9 a.m.; Monday, November 4, 1996, at 9 a.m.; Tuesday, November 5, 1996, at 9 a.m. and 6:30 p.m.; Thursday, November 7, 1996, at 9 a.m., 2:45 p.m. and 7:30 p.m.; and Friday, November 8, 1996, at 2 p.m. in Room 254 of the Legislative Building, to consider bills referred.

At the meeting of October 29, 1996, your committee agreed, on a counted vote of six Yeas, three Nays, to the following motion:

THAT we hear all out-of-town presenters in the order registered with the Clerk's Office, this evening, but before the out-of-town presenters, hear Mrs. Ducharme first, and all other presenters as they have been received. Each presenter will be given 10 minutes for a presentation and five minutes for questions.

At the meeting of October 29, 1996, your committee agreed to the following motion:

THAT this committee assess its progress at midnight and not call names after that time.

At the meeting of October 30, 1996, your committee agreed, on a counted vote of Yeas 6, Nays 1, to the following motion:

THAT all names be read once. If not present, drop to bottom of the list. That names read for a second time, drop off the list.

At the meeting of November 2, 1996, your committee elected Mr. Penner as Chairperson and Mr. Laurendeau as Vice-Chairperson of the committee.

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At the meeting of November 4, 1996, your committee elected Mr. Sveinson as Vice-Chairperson of the committee.

At the meeting of November 5, 1996, 6:30 p.m., your committee agreed to the following motion:

THAT this committee do now adjourn and recommend to the government House leader that it meet again for clause-by-clause consideration of Bill 67 no earlier than 6:30 p.m. Wednesday, November 6, 1996.

At the meetings of October 28, 29, 30, 31 and November 1, 2, 4 and 5, 1996, your committee heard representation on bills as follows:

Bill 67--The Manitoba Telephone System Reorganization and Consequential Amendments Act (Loi concernant la réorganisation de la Société de téléphone du Manitoba et apportant des modifications corrélatives)

Theresa Ducharme - People in Equal Participation, Inc

Bud Shiaro - Private Citizen

Shelly Blanco - Private Citizen

Paula Mallea - Save Our System

Al Mackling - Private Citizen

John Nicol - President, Union of Manitoba Municipalities

Ron Rudiak - Private Citizen

William Sharpe - Private Citizen

Ross Martin - Brandon & District Labour Council

Eduard Hiebert - Private Citizen

Martha Owen - Private Citizen

Garth Minish - Private Citizen

Connie Gretsinger - Private Citizen

Karen Minish - Private Citizen

Gail Cherpako - Private Citizen

Maggie Hadfield - Communications, Energy & Paper Workers' Union of Canada, Local 55

Debbie Maruntz - Communications, Energy & Paper Workers' Union of Canada, Local 7

Sel Burrows - Private Citizen

Rod Fritz - International Brotherhood of Electrical Workers, Local 435

Lance Norman - Manitoba Chamber of Commerce

Mary Pankiw - President, Manitoba Society of Seniors

Winnie Chanas - Private Citizen

Holly Cain - Private Citizen

Chris Morrow-Litke - Private Citizen

Mary Hewitt-Smith - Private Citizen

Andrew Dolenuk - Private Citizen

Heather Orton - Private Citizen

Glen Hallick - Private Citizen

Herb Schultz - Private Citizen

Sylvia Farley - Manitoba Federation of Labour

Chris Dooley - Choices

Dan Kelly - Canadian Federation of Independent Business

Albert Cerilli - Manitoba Federation of Union Retirees

William Seymour - Private Citizen

Valerie Gaffray - Private Citizen

David Orlikow - Private Citizen

Philip Curtis - Private Citizen

David Leochko - Private Citizen

Carl Martz - Private Citizen

David Nyhof - Private Citizen

Bob McWilliams - Private Citizen

Barbara Jones - Private Citizen

Iris Taylor - Private Citizen

Edie Henry - Private Citizen

Kenneth Emberley - Private Citizen

Erin Minish - Private Citizen

Emile Clune - Private Citizen

Carol Masse - Private Citizen

Tim Sayeau - Private Citizen

Brian Meronek - Retired Employees of MTS and T.E.A.M. and I.D.E.W.

Jeffrey Lowe - Private Citizen

Brenda Scarcella - Private Citizen

Kevin Rebeck - CUPE Manitoba

John Robson - Private Citizen

Kevin Miller - Private Citizen

Shauna MacKinnon - Private Citizen

Shirley Lord - Private Citizen

Jack McLachlan - Private Citizen

George Marshall - Private Citizen

Thomas Novak - Oblate Justice and Peace Committee

Bruce Campbell - Private Citizen

Marilyn McGonigal - Private Citizen

George Harris - Private Citizen

Marc Beaudry - Private Citizen

Peter Flynn - St. Matthews-Maryland Community Ministry

Jeanette Block - Private Citizen

Roy Dudgeon - Private Citizen

Marlene Vieno - Manitoba Network for Mental Health

Mark Golden - Private Citizen

Jean Wilson - Private Citizen

Betty McGregor - Private Citizen

Glenn and Noreen Duncan - Private Citizens

Grace Venema - Private Citizen

Catharine Johannson - The Manitoba Young New Democrats

Shannon Slater - Private Citizen

William Hickerson - Private Citizen

Paul Graham - Private Citizen

Jany Keenan - Private Citizen

Joan Johannson - Private Citizen

William Goddard - Private Citizen

Lynne Geisel - Private Citizen

Rob Altemeyer - Private Citizen

Kerniel Aasland - Private Citizen

Harold Shuster - Private Citizen

Bruce MacKay - Private Citizen

Bruce Tefft - Private Citizen

Audrey McClelland - Private Citizen

Katharina Stieffenhofer - Private Citizen

Alexis Sokal - Private Citizen

Mike Keenan - Private Citizen

Kenlin Nembhard - Private Citizen

Ralph Atkins - Private Citizen

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Bruce Odlum - Private Citizen

Jack Samyn - Private Citizen

Philippe Trottier - Private Citizen

Bill Hales - Private Citizen

Sig Laser - Private Citizen

Oskar Brauer - Private Citizen

Ken Beatty - Private Citizen

Diane Frolick - Private Citizen

Eli Jacks - Private Citizen

Suzanne Hrynyk - Private Citizen

Jean Altemeyer - Private Citizen

Bob Romphf - Private Citizen

Beverly Hawkins - Private Citizen

Katherine Clune - Private Citizen

Arni Arnason - Private Citizen

Teresa Coles - Private Citizen

Ben Sokolosf - Private Citizen

Elizabeth Carlyle - Private Citizen

Carol Stadfeld - Private Citizen

Winnie Grabowski - Private Citizen

Sean Espey - Private Citizen

Edith Byhre - Private Citizen

Brian Lucas - Private Citizen

Don Sullivan - Private Citizen

Steve Webb - Private Citizen

Thomas Steur - Private Citizen

Roy Roman - Private Citizen

Jesse Vorst - Private Citizen

Shane Nestruck - Private Citizen

Dave Plummer - Private Citizen

Louise Simbandumwe - Private Citizen

Marceline Ndayumvire - Private Citizen

Angeline Simbandumwe - Private Citizen

Kristine Barr - Private Citizen

Jerry Keenan - Private Citizen

Marian Yeo - Private Citizen

Barry Hammond - Private Citizen

Richard Dilay - Private Citizen

Eric Cote - Private Citizen

Murray Smith - Private Citizen

Susan Cameron - Private Citizen

Magnus Eliason - Private Citizen

Peter Hudson - Private Citizen

Colin Murray - Private Citizen

Allen Grabowski - Private Citizen

Catharine Johannson - Private Citizen

Harle Robins - Private Citizen

David Markham - Private Citizen

Peter Hiebert - Private Citizen

Fred Tait - Private Citizen

Chris Tait - National Farmers' Union

Esyllt Jones - Private Citizen

Harry Schellenberg - Private Citizen

Robert Gooding - Private Citizen

Jim Still - Private Citizen

Bill Martin - Canadian Mental Health Association

Heidi Eigenkind - Private Citizen

Nalini Reddy - Private Citizen

Michael Welfley - Private Citizen

Peter Holle - The Prairie Centre

Elizabeth Johannson - Private Citizen

Brenda Pauls - Private Citizen

Ian Robson - Private Citizen

Henry Reske - Private Citizen

Anna Frolick - Private Citizen

Jim Burgess - Private Citizen

Victor Olson - Private Citizen

Yutta Fricke - Private Citizen

Jason Hooper - Private Citizen

Tom Barker - Private Citizen

Lisa Bukoski - Private Citizen

Werner Hiebert - Private Citizen

T. MacDonald - Private Citizen

Grant Anderson - Private Citizen

John Wiens - Private Citizen

Jim Silver - Private Citizen

Kim Milne - Private Citizen

William Regehr - Private Citizen

Judy Wasylycia-Leis - Private Citizen

John Cardoso - Private Citizen

Anthony Kowalski - Private Citizen

James Blomquist - Private Citizen

Donna Ansell - Private Citizen

Klaus Tibelius - Private Citizen

Bernard Brown - Private Citizen

Fagie Fainman - Private Citizen

Michelle Forest - Private Citizen

Marilyn Brick - Private Citizen

Pauline Riley - Manitoba Action Committee on the Status of Women

Ellen Hartle - Private Citizen

Roy Hartle - Private Citizen

Sara Malabar - Private Citizen

John Jacob - Private Citizen

Heinz Saleski - Private Citizen

Lori Palano - Private Citizen

Written submissions:

Kevin Henry - Private Citizen

National Farmers' Union - Region 5

Jasper Robinson - Private Citizen

Your committee has considered:

Bill 67 --The Manitoba Telephone System Reorganization and Consequential Amendments Act (Loi concernant la réorganisation de la Société de téléphone du Manitoba et apportant des modifications corrélatives)

and has agreed to report the same with the following amendments:

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MOTION:

THAT the definition "associate" in subsection 1(1) be amended by adding "or" at the end of clause (e) and by striking out clause (f) and substituting the following:

(f) a person with whom that person has entered into an agreement or arrangement, other than only by the granting of a proxy, under which such persons agree to act or do act in concert, whether by active participation or passive consent, with respect to any of their interests, direct or indirect, in the issuer; ("liens")

MOTION:

THAT the definition "district registrar" in subsection 1(1) be struck out and the following substituted:

"district registrar" means a person having the powers of a district registrar under The Real Property Act or the powers of a registrar under The Registry Act; ("registraire de district")

MOTION:

THAT the definition "indebtedness to the Crown" in subsection 1(1) be amended by striking out "coming into force of this Act" and substituting "coming into force of this section".

MOTION:

THAT the definition "instrument" in subsection 1(1) be struck out and the following substituted:

"instrument" includes

(a) a caveat or an instrument within the meaning of The Real Property Act or The Registry Act,

(b) an Order in Council issued by the Lieutenant Governor in Council for the purpose of conveying the custody, control and administration of land or any other interest in land,

(c) a right-of-way agreement, easement agreement or other agreement, a transfer, assignment, licence, permit or reservation to use property, a mortgage, encumbrance, charge, title, certificate of title or certificate of registration,

(d) a judgment, order, direction, appointment, approval or determination of a court, judge or other constituted authority,

(e) a pleading, notice or document in an action or other proceeding in a court,

(f) a document issued, registered, filed, lodged or deposited by or with a district registrar, and

(g) a document issued, registered, filed, lodged or deposited in the register evidencing the disposition of Crown lands kept and maintained pursuant to the provisions of The Crown Lands Act; ("instrument")

MOTION:

THAT the definition "non-voting common share" in subsection 1(1) be struck out and the following substituted:

"non-voting common share" means a share of the corporation the holder of which is not entitled to receive notice of or attend or vote at meetings of shareholders except as specifically provided under The Corporations Act, is entitled to receive any dividend declared by the corporation and is entitled to share in the distribution of the assets of the corporation upon dissolution subject to the rights, privileges, and conditions attaching to any other class of shares of the corporation ranking in priority thereto; ("action ordinaire sans droit de vote")

MOTION:

THAT the definition "voting common share" in subsection 1(1) be struck out and the following substituted:

"voting common share" means a share of the corporation the holder of which is entitled to receive notice of and attend and vote at meetings of shareholders, to receive any dividend declared by the corporation and to share in the distribution of the assets of the corporation upon dissolution subject to the rights, privileges, and conditions attaching to any other class of shares of the corporation ranking in priority thereto; ("action ordinaire avec droit de vote")

MOTION:

THAT the definition "voting share" in subsection 1(1) be struck out and the following substituted:

"voting share" means a share of an issuer the holder of which is entitled to receive notice of and attend and vote at meetings of shareholders on resolutions electing directors, and includes a voting common share; ("action avec droit de vote")

MOTION:

THAT subsection 5(1) be amended by adding ", and shall not be deemed to be," after "not".

MOTION:

THAT the following be added after subsection 5(1):

Shares of affiliates

5(1.1) 100 shares of the capital stock of each of MTS NetCom Inc., MTS Mobility Inc. and MTS Advanced Inc. are deemed to have been validly issued to the corporation on January 1, 1996, and the stated capital of those shares is deemed to be $1.00 per share.

MOTION:

THAT subsection 7(1) be amended by striking out "coming into force of this Act" and substituting "coming into force of this section".

MOTION:

THAT clause 10(c) be amended by striking out "any matter described in" and substituting "the creation of new classes of shares under".

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MOTION:

THAT clause 6(1)(b) be struck out

MOTION:

THAT clause 11(1)(d) be struck out.

MOTION:

THAT subsection 11(2) be amended by striking out "coming into force of this Act" and substituting "coming into force of this section".

MOTION:

THAT section 12 be amended by renumbering it as subsection 12(1) and by adding the following as subsection 12(2):

No continuance outside Manitoba

12(2) The corporation shall not continue into another jurisdiction.

MOTION:

THAT the section heading for subsection 5(4) be amended by adding "of land"at the end.

MOTION:

THAT subsection 13(3) be amended by striking out "coming into force of this Act" and substituting "coming into force of this section".

MOTION:

THAT subsection 14(2) be amended by adding the following after clause (b):

(b.1) the prohibition on ownership of voting shares by any government or agency thereof, other than the Crown and its agents, as set out in section 18.1;

MOTION:

THAT clauses 14(2)(c), (d) and (e) be struck out and the following substituted:

(c) the suspension of voting rights in circumstances where limits or restrictions set out in section 17, 18 or 18.1 are exceeded or violated;

(d) the refusal by the corporation to issue or register voting shares in circumstances where limits or restrictions set out in section 17, 18 or 18.1 are exceeded or violated;

(e) the purchase of voting shares from holders whose holdings exceed limits or violate restrictions set out in section 17, 18 or 18.1;

MOTION:

THAT clause 14(2)(g) be amended by striking out "being" and substituting "be".

MOTION:

THAT subsection 14(3) be amended by striking out "16, 17, 18, 19, 20, 21, 22, 23, 24, 25 and 26" and substituting "16(1), 16(2), 16(3), 17, 18, 18.1, 19, 20, 21, 22, 23, 24, 25, 26, 28(a), 28(b) and 28(b.1)".

MOTION:

THAT the definition "fund" in subsection 15(1) be amended, in the English version, by striking out "the Civil" and substituting "The Civil".

MOTION:

THAT the following be added after subsection 16(3):

Deeming

16(4) For the purpose of qualifying the common shares issued to the Crown under clause 7(1)(b) as an authorized investment under clause 328(2)(l) of Part XXIV of The Corporations Act, the corporation is deemed to have satisfied the requirements of clause328(2)(l) of The Corporations Act with respect to each of the five years immediately preceding an offering of common shares under this section.

MOTION:

THAT subsection 17(2) be amended by striking out "coming into force of this Act" and substituting "coming into force of this section".

MOTION:

THAT the section heading for subsection 17(4) be amended, in the English version, by striking out "of Canada".

MOTION:

THAT subsection 18(1) be amended by striking out "fifteen" and substituting "ten".

MOTION:

THAT subsection 18(4) be amended, in the English version, by striking out "clause 3(b)" and substituting "clause (3)(b)".

MOTION:

THAT subsection 18(5) be struck out.

MOTION:

THAT subsection 18(6) be struck out and the following substituted:

Individual ownership in affiliate

18(6) Subject to subsections (7) and (8), the total number of voting shares of an affiliate of the corporation existing at the time of coming into force of this section that may be beneficially owned

(a) by any one person; or

(b) by the members of any one group of associated persons;

other than by way of security only shall not exceed ten percent of the total number of issued and outstanding voting shares of that affiliate.

MOTION:

THAT subsection 18(8) be struck out.

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MOTION:

THAT the following be added after section 18:

No government ownership of corporation

18.1(1) No voting shares of the corporation may be beneficially owned by any government or agency thereof, other than the Crown and its agents.

No government ownership of affiliate

18.1(2) No voting shares of any affiliate of the corporation may be beneficially owned by any government or agency thereof, other than the Crown and its agents.

MOTION:

THAT subsection 20(1) be struck out and the following substituted:

Notice of contravention

20(1) If voting shares are beneficially owned by a person or a group of associated persons in contravention of section 17, 18 or 18.1, the issuer may, by notice to the registered holder of those voting shares, require the voting shares in excess or violation of the limit or restriction in section 17, 18 or 18.1, as the case may be, to be disposed of within the period stated in the notice.

MOTION:

THAT clause 20(3)(b) be amended by striking out "sections 17 or 18" and substituting "section 17, 18 or 18.1".

MOTION:

THAT subsection 21(3) be amended by striking out "Such information may include" and substituting "Such information may include, but shall not be limited to,".

MOTION:

THAT subsection 21(4) be amended by striking out "sections 17 and 18" and substituting "sections 17, 18 and 18.1".

MOTION:

THAT section 22 be amended by striking out "sections 17, 18, 19 or 20" and substituting "section 17, 18, 18.1, 19 or 20".

MOTION:

THAT subsection 24(1) be amended by striking out "section 17 and 18" and substituting "sections 17, 18 and 18.1".

MOTION:

THAT clause 24(2)(a) be amended by striking out "sections 17 or 18" and substituting "section 17, 18 or 18.1".

MOTION:

THAT subsection 25(1) be amended by striking out ", on application by an interested party,".

MOTION:

THAT subsection 25(2) be struck out and the following substituted:

Directors bound

25(2) The board of directors of the issuer is bound by a determination made under subsection (1) unless a fact material in making the determination was not disclosed or there is a subsequent material change of circumstances.

MOTION:

THAT subsection 27(3) be struck out and the following substituted:

Unregistered easements

27(3) Where the predecessor corporations or any of their affiliates have constructed or installed or have agreed or commenced to construct or install telecommunications lines, wires, cables, equipment or other facilities over, across, upon or under land, whether pursuant to a right-of-way agreement, easement agreement, statutory right or a right otherwise created, the corporation or its affiliates shall have the continuing right, notwithstanding any change in ownership of the land, to maintain, inspect, repair, remove, replace or add to the telecommunications lines, wires, cables, equipment or other facilities over, across, upon or under the land, and where such construction or installation was made pursuant to a right-of-way agreement or easement agreement that has not been registered against the title to the land, the corporation or its affiliates shall have the right but shall not be obligated to register the right-of-way agreement or easement agreement or a caveat in respect thereof as determined by the corporation or its affiliates.

MOTION:

THAT section 28 be amended by adding the following after clause (b):

(b.1) authorizing any terms and conditions pursuant to which voting shares will be offered to employees of the corporation and of any affiliate of the corporation;

MOTION:

THAT section 33 be struck out and the following substituted:

Consequential amendment, C.C.S.M. c. M225

33 Clause 213(3)(b) of The Municipal Act is amended

(a) by striking out "The Manitoba Telephone System,"; and

(b) by striking out ", The Manitoba Telephone Act".

MOTION:

THAT section 37 be amended by striking out "coming into force of this Act" and substituting "coming into force of this section".

MOTION:

THAT subsection 16(3) be amended by:

(a) by adding "or" after clause (a); and

(b) striking out clauses (b), (c), (d) and (e) and substituting the following:

(b) a self-directed registered retirement savings plan or self-directed registered retirement income fund, the beneficiary or annuitant of which is an individual ordinarily resident in the province.

MOTION:

THAT the following be added after subsection 5(5):

Mines and minerals reserved

5(6) Notwithstanding the definition of "land" in subsection 1(1) and notwithstanding any other provision of this section, mines and minerals in, upon or under land referred to in this section are reserved to the Crown in the same manner as set out in section 4 of The Crown Lands Act.

MOTION:

THAT the definition "implementation date" in subsection 15(1) be struck out and the following substituted:

"implementation date" means the date prescribed by the regulations after which the corporation is responsible for all benefits to which the persons described in clause (2)(a) are entitled under the new plan; ("date de mise en oeuvre")

MOTION:

THAT subsection 15(1) be amended by adding the following in alphabetical order:

"trust fund" means the trust fund maintained by the trustee under the new plan. ("fonds de fiducie")

MOTION:

THAT the following be added after subsection 15(2):

Independent actuary to review plan

15(2.1) As soon as possible after this Act receives royal assent, the Provincial Auditor shall appoint an independent actuary to review the plan proposed by the corporation for the purposes of clause (2)(a) to determine whether the benefits under the proposed plan are equivalent in value as required by that clause.

Concerns of independent actuary to be addressed

15(2.2) The corporation shall take any steps necessary to resolve any concerns raised by the independent actuary in a report prepared for the purposes of subsection (2.1).

MOTION:

THAT subsection 15(3) be amended by striking out "trustees of the new plan as soon as practicable after the implementation date" and substituting "trust fund under the new plan on or before the date prescribed in the regulations".

MOTION:

THAT subsection 15(5) be struck out and the following substituted:

Liabilities assigned and assumed

15(5) All liabilities of the fund to the persons described in clause (2)(a) and all rights and obligations of the fund under any related agreements are assigned to and assumed by the corporation and shall become liabilities, rights and obligations of the trust fund under the new plan on the date of transfer of the transfer amount pursuant to subsection (3).

MOTION:

THAT the following be added after subsection 15(8):

15(8.1) Nothing in this section is to be interpreted as nullifying the effect of the agreement, or any part thereof, executed on November 7, 1996 by representatives of The Manitoba Telephone System and of the employees, and by the minister and one other representative on behalf of the government, on the subject of pension issues.

Madam Deputy Clerk (Bev Bosiak):--

MOTION:

THAT section 38 be struck out and the following substituted:

Coming into force

38(1) Subject to subsections (2) and (3), this Act comes into force on a day fixed by proclamation.

Coming into force: subsection 5(1.1)

38(2) Subsection 5(1.1) is retroactive and is deemed to have come into force on January 1, 1996.

Coming into force: certain provisions

38(3) Sections 7, 16 and 28 and subsections 15(2.1) and (2.2) come into force on the day this Act receives royal assent.

MOTION:

THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.

Mr. Penner: I move, seconded by the honourable member for Morris (Mr. Pitura), that the report of the committee be now received.

Madam Speaker: It has been moved by the honourable member for Emerson, seconded by the honourable member for Morris, that the report of the committee be received. Agreed?

Some Honourable Members: No.

Some Honourable Members: Agreed.

Madam Speaker: All those in favour, please say yea.

Some Honourable Members: Yea.

Madam Speaker: The honourable government House leader, on a point of order.

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Hon. Jim Ernst (Government House Leader): I would refer you, Madam Speaker to Rule 103.(3): "All amendments made to a Bill in any Committee shall be reported to the House, and every Bill reported from any Committee, whether amended or not, shall be received by the House on report thereof."

Madam Speaker, I submit no vote is required nor should be held.

Madam Speaker: The honourable member for Thompson, on the same point of order.

Mr. Ashton: Madam Speaker, on the same point of order. We are dealing with a very important part of the legislative process. In fact, this was indicated by the reading out, which is also part of our rules, of the bill. It is a very detailed bill containing many amendments, many motions which were dealt with including not having rural and northern hearings.

I would point, on the point of order, to the fact that the motion itself is not debatable, but there is very clear provision that it is a motion and if it is a motion it has to be voted upon. I know the government would prefer not to have votes on motions related to the sale of MTS, particularly a public vote, but in this Legislature when we have a motion, under our rules, I would suggest the only appropriate way to proceed is to have a vote. They can use their government majority if they wish to push through this stage, but it is a motion. You had started reading the motion. We do object to the motion because we do not believe the government listened. They did not listen to the committee process--185 presenters, Madam Speaker. They did not listen to it. We will vote against the motion.

Madam Speaker: Order, please. On the point of order raised by the honourable government House leader, Rule 103.(3), "All amendments made to a Bill in any Committee shall be reported to the House, and every Bill reported from any Committee, whether amended or not, shall be received by the House on report thereof." The honourable government House leader does indeed have a point of order.

Mr. Steve Ashton (Opposition House Leader): Madam Speaker, I challenge your ruling.

Madam Speaker: The ruling of the Chair has been challenged. All those in favour of sustaining the ruling of the Chair, please say yea.

Some Honourable Members: Yea.

Madam Speaker: All those opposed, please say nay.

Some Honourable Members: Nay.

Madam Speaker: In my opinion, the Yeas have it.

Mr. Ashton: On division, Madam Speaker.

Madam Speaker: On division.

* (1420)

Mr. Gary Kowalski (The Maples): On a point of order, the report from the committee did not include a mention that as a member of the committee, I abstained from participating in the committee because I received legal advice as my wife is an employee of MTS, I was in conflict of interest and I want to report to the Chamber that I did not take part in the debate or try to influence any member of the Chamber on how to vote on this matter.

Madam Speaker: I thank the honourable member for The Maples on the point of order.