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Wednesday, June 13, 2001

LEGISLATIVE ASSEMBLY OF MANITOBA

VOTES AND PROCEEDINGS No. 46

SECOND SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS

1:30 O'CLOCK P.M.

The following petitions were presented:

Mr. Schuler – Legislative Assembly of Manitoba request that the Minister responsible for Manitoba Hydro consider alternative routes for the additional 230KV and 500KV lines proposed for the RM of East St. Paul (S. Kraichy, R. Chrusch, L. Chrusch and others)

Mr. Loewen – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (W. Fraser, B. Gamey, E. Rochon Fraser and others)

Mrs. Driedger – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (L. Britton, M. Eden, B. Oakden and others)

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The following petitions were read and received:

Mrs. Stefanson – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (S. Kongmanivanh, S. Bhullar, S. Bragomir and others)

Mr. Loewen – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (J. Dowdall, M. Dowdall, S. Campbell and others)

Mr. Schuler – Legislative Assembly of Manitoba request that the Minister responsible for Manitoba Hydro consider alternative routes for the additional 230KV and 500KV lines proposed for the RM of East St. Paul (L. Kurdydyk, K. Kurdydyk-Vezey, G. Prysizney and others)

Mrs. Driedger – Legislative Assembly of Manitoba request that the Premier of Manitoba consider reversing his decision to not support construction of an underpass at Kenaston and Wilkes (E. Mulcahy, T. Mulcahy, J. Terris and others)

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Hon. Mr. Lemieux, the Minister of Culture, Heritage and Tourism made a statement regarding the Plug In Gallery presenting Canada's official entry at the 49th Venice Biennale,

Mrs. Dacquay commented on the statement.

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Hon. Mr. Ashton, the Minister of Transportation and Government Services made a statement regarding the Grant-In-Aid program in support of municipal roads in Manitoba,

Mr. Gilleshammer commented on the statement.

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During Oral Questions, Mr. Laurendeau rose on a point of order regarding the word "hypocrites" allegedly spoken by the Honourable Member for Elmwood,

And Hon. Mr. Mackintosh having spoken to the point of order,

WHEREUPON Mr. Speaker informed the House he would take the matter under advisement.

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Following Oral Questions, Mr. Speaker made the following ruling:

During Oral Questions on June 5, 2001, a point of order was raised by the Honourable Government House Leader concerning a question asked by the Honourable Member for Springfield. The Honourable Government House Leader contended that the question "will the Premier confirm that his Minister of Labour will not be responsible for the proposed health essential services legislation?" was hypothetical. The Official Opposition House Leader also spoke to the same point of order. I took the matter under advisement in order to review Manitoba practice, and I also asked the Honourable Member for Springfield to rephrase his question as the matter was being taken under advisement.

In reviewing the rulings of past Manitoba Speakers, on four occasions, Speaker Rocan ruled a question as being hypothetical, and asked the Member involved to rephrase the question. Twice as Speaker, I have ruled questions out of order as hypothetical, and have asked that questions be rephrased. In comparing this question to questions that have been found to be hypothetical in the past, I would rule that the question asked was indeed hypothetical. As noted in Beauchesne citation 410(12), questions should not be hypothetical. Similarly, Marleau and Montpetit, on page 427 of House of Commons Procedure and Practice advise that a question should not be hypothetical, while Erskine May states on page 303 of the 22nd Edition that "questions are also inadmissible which seek the solution of hypothetical propositions."

Based on the precedents and on the authorities cited, I would rule that the question was hypothetical. As noted previously, the Member for Springfield did rephrase the question when asked to do so.

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Pursuant to Rule 23(1), Messrs. Pitura and Schellenberg, Mrs. Smith (Fort Garry), Mr. Jennissen and Hon. Mr. Gerrard made Members' Statements.

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Hon. Ms. Mihychuk moved:

THAT Bill (No. 28) – The Labour-Sponsored Investment Funds (Various Acts Amended) Act/Loi sur les fonds de placement des travailleurs (modification de diverses dispositions législatives), be now read a Second Time and be referred to a Committee of this House.

And a debate arising,

And Hon. Ms. Mihychuk having spoken,

The debate was, on motion of Mr. Pitura, adjourned.

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Hon. Ms. Friesen moved:

THAT Bill (No. 31) – The Municipal Assessment Amendment Act/Loi modifiant la Loi sur l'évaluation municipale, be now read a Second Time and be referred to a Committee of this House.

And a debate arising,

And Hon. Ms. Friesen having spoken,

The debate was, on motion of Mr. Helwer, adjourned.

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Hon. Mr. Mackintosh moved:

THAT Bill (No. 46) – The Provincial Court Amendment and Court of Queen's Bench Amendment Act/Loi modifiant la Loi sur la Cour provinciale et la Loi sur la Cour du Banc de la Reine, be now read a Second Time and be referred to a Committee of this House.

And a debate arising,

And Hon. Mr. Mackintosh having spoken,

The debate was, on motion of Mr. Pitura, adjourned.

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Hon. Mr. Chomiak moved:

THAT Bill (No. 50) – The Regional Health Authorities Amendment (Accountability) Act/Loi modifiant la Loi sur les offices régionaux de la santé (responsabilités), be now read a Second Time and be referred to a Committee of this House.

 

And a debate arising,

And Hon. Mr. Chomiak having spoken,

The debate was, on motion of Mrs. Driedger, adjourned.

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The House resumed the Adjourned Debate on the Proposed Motion of Hon. Ms. Wowchuk:

THAT Bill (No. 19) – The Crown Lands Amendment Act/Loi modifiant la Loi sur les terres domaniales, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And Messrs. Enns and Pitura having spoken,

And the Question being put. It was agreed to.

The Bill was accordingly read a Second Time and referred to a Committee of this House.

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The House resumed the Adjourned Debate on the Proposed Motion of Hon. Mr. Lemieux:

THAT Bill (No. 39) – The Archives and Recordkeeping Act/Loi sur les archives, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And Mrs. Dacquay having spoken,

And the Question being put. It was agreed to.

The Bill was accordingly read a Second Time and referred to a Committee of this House.

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The House resumed the Adjourned Debate on the Proposed Motion of Hon. Mr. Selinger:

THAT Bill (No. 7) – The Manitoba Hydro Amendment Act/Loi modifiant la Loi sur l'Hydro-Manitoba, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And Mr. Gilleshammer having spoken,

And the Question being put. It was agreed to.

 

The Bill was accordingly read a Second Time and referred to a Committee of this House.

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The House resumed the Adjourned Debate on the Proposed Motion of Hon. Mr. Selinger:

THAT Bill (No. 27) – The Manitoba Hydro Amendment Act (2)/Loi no 2 modifiant la Loi sur l'Hydro-Manitoba, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And Messrs. Struthers and Jennissen, Hon. Mr. Caldwell, Mr. Nevakshonoff, Hon. Messrs. Smith (Brandon West) and Lemieux, Mr. Enns and Hon. Ms. Wowchuk having spoken,

And Mr. Laurendeau speaking at 6:00 p.m.,

The debate was allowed to remain in his name.

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The House then adjourned at 6:00 p.m. until 10:00 a.m. Thursday, June 14, 2001.

 

Hon. George Hickes,

Speaker.