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Monday, June 25, 2001

LEGISLATIVE ASSEMBLY OF MANITOBA

VOTES AND PROCEEDINGS No. 52

SECOND SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS

1:30 O'CLOCK P.M.

The following petition was presented:

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 (R. Vandenbergue, R. Knudsen, R. McMillan and others)

______________________________

The following petitions were read and received:

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 (C. Kohli, J. Corbett, E. Short and others)

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 (W. Bilton, B. Pooles, G. Stefanson)

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 (M. Hockley, K. Hay, M. Watchorn and others)

Mr. Helwer – Legislative Assembly of Manitoba request that the Minister of Transportation and Government Services consider upgrading Provincial Trunk Highway #9 and the Selkirk Corridor thoroughfares immediately (H. Jones, M. Krystia, M. Wood and others)

______________________________

Mr. Martindale, Chairperson of the Standing Committee on Law Amendments, presented its Fourth Report, which was read as follows:

Your Committee met on:

  • Monday, June 18, 2001 at 6:30 p.m.
  • Thursday, June 21, 2001 at 6:30 p.m.

All meetings were held in Room 255 of the Legislative Building to consider Bills referred.

 

Matters Under Consideration:

June 18, 2001 at 6:30 p.m. meeting:

  • Bill (No. 7) – The Manitoba Hydro Amendment Act/Loi modifiant la Loi sur l'Hydro-Manitoba
  • Bill (No. 8) – The Mines and Minerals Amendment Act/Loi modifiant la Loi sur les mines et les minéraux
  • Bill (No. 10) – The Safer Communities and Neighbourhoods and Consequential Amendments Act/Loi visant à accroître la sécurité des collectivités et des quartiers et modifications corrélatives
  • Bill (No. 41) – An Act to Comply with the Supreme Court of Canada Decision in M. v. H./Loi visant l'observation de la décision de la Cour suprême du Canada dans l'arrêt M. c. H.

June 21, 2001 at 6:30 p.m. meeting:

  • Bill (No. 8) – The Mines and Minerals Amendment Act/Loi modifiant la Loi sur les mines et les minéraux
  • Bill (No. 10) – The Safer Communities and Neighbourhoods and Consequential Amendments Act/Loi visant à accroître la sécurité des collectivités et des quartiers et modifications corrélatives

  • Bill (No. 41) – An Act to Comply with the Supreme Court of Canada Decision in M. v. H./Loi visant l'observation de la décision de la Cour suprême du Canada dans l'arrêt M. c. H.

Membership Resignations / Elections:

At the Monday, June 18, 2001 meeting, your Committee elected:

  • Ms. Korzeniowski as Vice-Chairperson.

Substitutions received prior to commencement of meeting on June 18, 2001 at 6:30 p.m.:

  • Mr. Praznik for Mr. Laurendeau;
  • Mr. Tweed for Mr. Faurschou;
  • Mr. Pitura for Mrs. Mitchelson;
  • Mrs. Stefanson for Mrs. Smith (Fort Garry);
  • Ms. Korzeniowski for Mr. Nevakshonoff;
  • Hon. Ms. Mihychuk for Ms. Allan;
  • Hon. Ms. Barrett for Mr. Santos;
  • Hon. Mr. Caldwell for Mr. Aglugub;
  • Hon. Mr. Selinger for Hon. Mr. Smith (Brandon West);
  • Hon. Mr. Mackintosh for Hon. Mr. Sale.

Substitutions received prior to commencement of meeting on June 21, 2001 at 6:30 p.m.:

  • Mr. Santos for Hon. Mr. Selinger;
  • Mr. Laurendeau for Mr. Praznik.
  • Mr. Reimer for Mr. Tweed.

Substitutions received during meeting on June 18, 2001 at 6:30 p.m., by leave:

  • Mr. Loewen for Mr. Pitura.

 

Motions:

At the Monday, June 18, 2001 at 6:30 p.m. meeting, your Committee passed the following motion, on a count out vote yeas 5, nays 4:

That the Committee on Law Amendments call through the list of presenters and hear any who are in attendance. Those who are not in attendance will be called at a subsequent hearing.

Public Presentations:

Your Committee heard representation on Bills at the following meetings:

  • Monday, June 18, 2001 at 6:30 p.m.
  • Thursday, June 21, 2001 at 6:30 p.m.

The following individuals and/or organizations made presentations on Bill (No. 7) - The Manitoba Hydro Amendment Act/Loi modifiant la Loi sur l'Hydro-Manitoba:

Paul Moist

C.U.P.E.

Albert Cerilli

    President, Manitoba Federation of Union Retirees

Michelle Forest

Private Citizen

The following individuals and/or organizations made presentations on Bill (No. 10) – The Safer Communities and Neighbourhoods and Consequential Amendments Act/Loi visant à accroître la sécurité des collectivités et des quartiers et modifications corrélatives:

Fred Curry

Private Citizen

   

The following individuals and/or organizations made presentations on Bill (No. 41) - An Act to Comply with the Supreme Court of Canada Decision in M. v. H./Loi visant l'observation de la décision de la Cour suprême du Canada dans l'arrêt M. c. H.:

Lorri Millan and Nadin Gilroy

Private Citizens

Karen Boily and Carole Boily

Private Citizens

Gilles Marchildon

Private Citizen

Kristine Barr

Private Citizen

Debbie Patterson

Private Citizen

Elliot Levin

Private Citizen

Roy Purvis

Private Citizen

Noreen Stevens

Private Citizen

Donna Huen

Rainbow Resource Centre

Jordan Kunda

Private Citizen

Keith Louise Fulton

Private Citizen

Maxine Hasselriis

Private Citizen

Timothy Preston

Private Citizen

Lloyd Fisher

Private Citizen

Loraine MacKenzie Shepherd

Private Citizen

Pete Walker

Manitoba Federation of Labour

 

Robin Brownlie

Private Citizen

Maureen Pendergast and Sharon Pchajek

Private Citizens

Brother Thomas Novak

Private Citizen

Kerry Cazzorla

Private Citizen

Kim Simard

Canada Family Action Coalition

Mike Tutthil

Private Citizen

Kerri Olinkin

Private Citizen

Susan VanDreser

Private Citizen

Krista Piche

Private Citizen

Norma Drosdowech

Private Citizen

Irene McKenzie

Private Citizen

Valerie Wadephul

Private Citizen

Tim Jeffrey

Private Citizen

Jenny Gerbasi

Private Citizen

John Mann

Private Citizen

Karin Erhardt

Private Citizen

Brad Tyler-West

Private Citizen

Robert Crittenden

Private Citizen

Sally Naumko

Private Citizen

Kate Tate

Private Citizen

Asher Webb

Private Citizen

Michael Law

    The Gay and Lesbian Issues Sub-Section of the Manitoba Bar Association

Krishna Lalbiharie

Canadian Federation of Students

Penny Piper

Manitoba Association of Women and Law

Anne Gregory

Private Citizen

Margaret McKenty

Private Citizen

John Krowina

Private Citizen

David Schesnuk

Private Citizen

Marianne Crittenden

Private Citizen

Lorraine Waldner

Private Citizen

Fae Simon and Rosaline Dearing

Winnipeg Child and Family Services

Karen Delaney

Private Citizen

Mark Golden

Private Citizen

Rory Grewar

Private Citizen

Henry Makow

Private Citizen

Adele Perry

Private Citizen

David Joycey

Private Citizen

Joann Gorham

Private Citizen

Elsy Gagne

Private Citizen

Written Submissions:

The following individuals and / or organizations offered written submissions to the Committee on Bill (No. 41) – An Act to Comply with the Supreme Court of Canada Decision in M. v. H./Loi visant l'observation de la décision de la Cour suprême du Canada dans l'arrêt M. c. H.

 

 

Ken Mandziuk

Manitoba Association for Rights and Liberties

Harry Mesman

    Member of the Canadian Labour Congress Solidarity and Pride Working Group

Sally Naumko

Private Citizen

Donald Teel

Private Citizen

John McKenzie

Private Citizen

Sarah Inness

Private Citizen

Bills Considered and Reported:

Bill (No. 8) – The Mines and Minerals Amendment Act/Loi modifiant la Loi sur les mines et les minéraux

Your Committee agreed to report this Bill, without amendment.

Bill (No. 10) – The Safer Communities and Neighbourhoods and Consequential Amendments Act/Loi visant à accroître la sécurité des collectivités et des quartiers et modifications corrélatives

Your Committee agreed to report this Bill, without amendment.

Bill (No. 41) – An Act to Comply with the Supreme Court of Canada Decision in M. v. H./Loi visant l'observation de la décision de la Cour suprême du Canada dans l'arrêt M. c. H.

Your Committee agreed to report this Bill, without amendment.

On motion of Mr. Martindale, the Report of the Committee was received.

______________________________

Mr. Nevakshonoff, Chairperson of the Standing Committee on Municipal Affairs, presented its First Report, which was read as follows:

Your Committee met on Thursday, June 21, 2001 at 6:30 p.m. in Room 254 of the Legislative Building to consider Bills referred.

Matters Under Consideration:

  • Bill (No. 16) – The Farm Practices Protection Amendment Act/Loi modifiant la Loi sur la protection des pratiques agricoles
  • Bill (No. 20) – The Farm Products Marketing and Consequential Amendments Act/Loi sur la commercialisation des produits agricoles et modifications corrélatives

Membership Resignations / Elections:

Your Committee elected Mr. Nevakshonoff as the Chairperson.

 

Your Committee elected M. Dewar as the Vice-Chairperson.

Substitutions received prior to commencement of meeting:

  • Mr. Maguire for Mrs. Dacquay
  • Mr. Pitura for Mr. Loewen
  • Mr. Cummings for Mr. Reimer
  • Mr. Struthers for Ms. Allan
  • Mr. Nevakshonoff for Hon. Mr. Mackintosh
  • Hon. Ms. Wowchuk for Mr. Martindale
  • Mr. Schellenberg for Ms. Cerilli

Public Presentations:

Your Committee heard two presentations on Bill (No. 16) – The Farm Practices Protection Amendment Act/Loi modifiant la Loi sur la protection des pratiques agricoles, from the following individuals and/or organizations:

Ted Muir

    Manitoba Pork Council

Don Dewar

    Keystone Agricultural Producers

Your Committee heard six presentations on Bill (No. 20) – The Farm Products Marketing and Consequential Amendments Act/Loi sur la commercialisation des produits agricoles et modifications corrélatives, from the following individuals and/or organizations:

Larry McIntosh

    Peak of the Market

Bill Uruski

Vice-Chairperson, Manitoba Turkey Producers

Waldie Klassen

Chairman, Manitoba Chicken Producers

Bill Swan

    Manitoba Milk Producers

Ted Muir

    Manitoba Pork Council

Tom Dooley

    Aikins, MacAuley, Thorvaldson

Bills Considered and Reported:

Bill (No. 16) – The Farm Practices Protection Amendment Act/Loi modifiant la Loi sur la protection des pratiques agricoles

Your Committee agreed to report this Bill, without amendment.

Bill (No. 20) – The Farm Products Marketing and Consequential Amendments Act/Loi sur la commercialisation des produits agricoles et modifications corrélatives

Your Committee agreed to report this Bill, with the following amendments:

 

      THAT the definition "producer" in section 1 be amended by adding the following after clause (b):

        and includes a person who takes possession of a farm product from a producer under any form of security for a debt;

      THAT clause 6(1)(b) be replaced with the following:

        (b) requiring persons who produce or market a regulated product to provide the board or commission with any information or record relating to the production or marketing of the regulated product that the board or commission considers necessary;

      THAT clause 6(1)(l) be amended by striking out "surplus removal" and substituting "product purchase".

      THAT section 11 be amended by adding "or out of any other money payable to it" at the end.

      THAT clause 14(a) be amended by striking out "establishment, operation and control" and substituting "establishment and operation".

On motion of Mr. Nevakshonoff, the Report of the Committee was received.

______________________________

Pursuant to Rule 23(1), Ms. Asper, Messrs. Penner (Emerson), Rondeau and Dyck and Ms. Allan made Members' Statements.

______________________________

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

THAT Bill (No. 33) – The Highway Traffic Amendment and Consequential Amendments Act (2)/Loi no 2 modifiant le Code de la route et modifications corrélatives, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And leave having been denied to have the matter remain in the name of Mr. Rocan,

And Mr. Praznik 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.

______________________________

 

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

THAT Bill (No. 35) – The Improved Enforcement of Support Payments (Various Acts Amended) Act/Loi visant à faciliter la perception des paiements alimentaires (modification de diverses dispositions législatives), be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And leave having been denied to have the matter remain in the name of Mr. Laurendeau,

And Messrs. Martindale and Praznik 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.

______________________________

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

THAT Bill (No. 37) – The Inter-jurisdictional Support Orders Act/Loi sur l'établissement et l'exécution réciproque des ordonnances alimentaires, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And leave having been denied to have the matter remain in the name of Mr. Rocan,

And Mr. Praznik 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.

______________________________

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

THAT Bill (No. 36) – The Enhanced Debt Collection (Various Acts Amended) Act/Loi visant à faciliter le recouvrement des créances (modification de diverses dispositions législatives), be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And leave having been denied to have the matter remain in the name of Mr. Rocan,

And Mr. Praznik 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.

______________________________

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

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 the debate continuing,

And leave having been denied to have the matter remain in the name of Mr. Pitura,

And Mr. Praznik 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.

______________________________

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

THAT Bill (No. 49) – The Statutes Correction and Minor Amendments Act, 2001/Loi corrective de 2001, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And leave having been denied to have the matter remain in the name of Mrs. Dacquay,

And Mr. Praznik 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.

______________________________

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

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 the debate continuing,

And Messrs. Cummings, Praznik, Derkach and Enns 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.

______________________________

      The House resumed the Interrupted Debate on the Proposed Motion of Hon. Mr. Ashton:

THAT Bill (No. 11) – The Highway Traffic Amendment and Consequential Amendments Act/Loi modifiant le Code de la route et modifications corrélatives, 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.

______________________________

Hon. Mr. Mackintosh moved:

THAT Bill (No. 17) – The Student Aid Act/Loi sur l'aide aux étudiants, as reported from the Standing Committee on Economic Development, be concurred in and be now read a Third Time and passed.

And a debate arising,

And Hon. Mr. Mackintosh having spoken,

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

______________________________

Bill (No. 19) – The Crown Lands Amendment Act/Loi modifiant la Loi sur les terres domaniales,

was concurred in, read a Third Time and passed.

______________________________

Hon. Mr. Mackintosh moved:

THAT Bill (No. 24) – The Liquor Control Amendment and Consequential Amendments Act/Loi modifiant la Loi sur la réglementation des alcools et modifications corrélatives, as reported from the Standing Committee on Law Amendments, be concurred in and be now read a Third Time and passed.

And a debate arising,

And Hon. Mr. Mackintosh having spoken,

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

______________________________

 

Bill (No. 39) – The Archives and Recordkeeping Act/Loi sur les archives et la tenue de dossiers, was concurred in, read a Third Time and passed.

______________________________

By leave, it was agreed that the Standing Committee on Law Amendments would meet at 10:00 a.m. on Thursday, June 28, 2001, concurrently with the House.

______________________________

By leave, it was agreed to waive the quorum requirement in the House for Thursday, June 28, 2001.

______________________________

The House resolving into the Committee of Supply.

And the House continuing in Committee.

______________________________

The House then adjourned at 6:00 p.m. until 1:30 p.m. Tuesday, June 26, 2001.

 

Hon. George Hickes,

Speaker.