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Wednesday, June 27, 2001

LEGISLATIVE ASSEMBLY OF MANITOBA

VOTES AND PROCEEDINGS No. 54

SECOND SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS

1:30 O'CLOCK P.M.

The following petitions were presented:

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 (C. Zinko, S. Rodgers, R. Chapman 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 (C. Morden, R. Jones, D. Collins and others)

______________________________

The following petitions were read and received:

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. Blair, R. Rajpal, N. Cunningham 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 (N. Lonamuir, R. McNeil, D. Nelson and others)

______________________________

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

Your Committee met on Monday, June 25, 2001 at 6:30 p.m. in Room 254 of the Legislative Building to consider Bills referred.

Matters Under Consideration:

  • Bill (No. 7) – The Manitoba Hydro Amendment Act/Loi modifiant la Loi sur l'Hydro-Manitoba
  • Bill (No. 21) – The Manitoba Ethnocultural Advisory and Advocacy Council Act/Loi sur le Conseil ethnoculturel manitobain de consultation et de revendication
  • Bill (No. 22) – The Cancer Treatment and Research Foundation Amendment and Consequential Amendments Act/Loi modifiant la Loi sur la Fondation de traitement du cancer et de recherche en cancérologie et modifications corrélatives
  • Bill (No. 27) – The Manitoba Hydro Amendment Act (2)/Loi no 2 modifiant la Loi sur l'Hydro-Manitoba
  • Bill (No. 40) – The Podiatrists Act/Loi sur les podiatres
  • Bill (No. 42) – The Regulated Health Professions Statutes Amendment Act/Loi modifiant diverses lois sur les professions de la santé réglementées
  • Bill (No. 300) – The Jewish Foundation of Manitoba Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation « The Jewish Foundation of Manitoba »
  • Membership Resignations / Elections:

At the Monday, June 25, 2001 meeting, your Committee elected:

  • Ms. Asper as Vice-Chairperson.

Substitutions received prior to commencement of meeting on June 25, 2001 at 6:30 p.m.:

  • Hon. Mr. Selinger for Hon. Mr. Caldwell;
  • Hon. Mr. Chomiak for Hon. Mr. Mackintosh;
  • Ms. Asper for Mr. Santos;
  • Mr. Aglugub for Hon. Ms. Mihychuk;
  • Mr. Gilleshammer for Mr. Laurendeau;
  • Mrs. Dacquay for Mr. Loewen;
  • Mrs. Driedger for Mr. Reimer;
  • Mrs. Mitchelson for Mrs. Stefanson.

Substitutions received during meeting on June 25, 2001 at 6:30 p.m., by leave:

  • Hon. Mr. Lemieux for Ms. Korzeniowski.

Motions:

At the Monday, June 25, 2001 at 6:30 p.m. meeting, your Committee passed the following motion:

      THAT this Committee recommends that the fees paid with respect to Bill (No. 300) – The Jewish Foundation of Manitoba Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation « The Jewish Foundation of Manitoba », be refunded, less the cost of printing.

Public Presentations:

The following individuals and/or organizations made presentations on Bill (No. 27) – The Manitoba Hydro Amendment Act (2)/Loi no 2 modifiant la Loi sur l'Hydro-Manitoba:

David Gislason

Private Citizen

Elliott Dowbiggin

Private Citizen

Ron Tardiff

Private Citizen

Gloria Desorcy

    Manitoba Branch – Consumers Association of Canada

 

Wilson Maclennan

Private Citizen

Michael Anderson and Grand Chief Francis Flett

MKO – Manitoba Keewatinowi Okimakinak

The following individuals and/or organizations made presentations on Bill (No. 40) – The Podiatrists Act/Loi sur les podiatres:

Dr. Alexander Todd

The Manitoba Podiatry Association

The following individuals and/or organizations made presentations on Bill (No. 42) – The Regulated Health Professions Statutes Amendment Act/Loi modifiant diverses lois sur les professions de la santé réglementées

Eric Alper

Manitoba Association of School Psychologists

Dr. Michael Stambrook

    Psychological Association of Manitoba (Regulatory Board)

Debbie Whitney

Manitoba Psychological Society

Kenneth Enns

Psychological Association of Manitoba

Bills Considered and Reported:

Bill (No. 7) – The Manitoba Hydro Amendment Act/Loi modifiant la Loi sur l'Hydro-Manitoba

Bill (No. 7) – The Manitoba Hydro Amendment Act/Loi modifiant la Loi sur l'Hydro-Manitoba, had previously been considered by the Standing Committee on Law Amendments on Monday, June 18, 2001 at 6:30 p.m. in Room 255 of the Legislative Building. Information pertaining to this meeting, including the names of persons who made representations on Bill 7, is contained in the Fourth Report of the Standing Committee on LAW AMENDMENTS, which was presented to the House on Monday, June 25, 2001.

Your Committee agreed to report this Bill, without amendment.

Bill (No. 21) – The Manitoba Ethnocultural Advisory and Advocacy Council Act/Loi sur le Conseil ethnoculturel manitobain de consultation et de revendication

Your Committee agreed to report this Bill, without amendment.

Bill (No. 22) – The Cancer Treatment and Research Foundation Amendment and Consequential Amendments Act/Loi modifiant la Loi sur la Fondation de traitement du cancer et de recherche en cancérologie et modifications corrélatives

Your Committee agreed to report this Bill, without amendment.

Bill (No. 27) – The Manitoba Hydro Amendment Act (2)/Loi no 2 modifiant la Loi sur l'Hydro-Manitoba

Your Committee agreed to report this Bill, without amendment.

 

Bill (No. 40) – The Podiatrists Act/Loi sur les podiatres

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

      THAT subsection 49(2) of the English version is amended by adding "or" at the end of clause (a).

Bill (No. 42) – The Regulated Health Professions Statutes Amendment Act/Loi modifiant diverses lois sur les professions de la santé réglementées

Your Committee agreed to report this Bill, without amendment.

Bill (No. 300) – The Jewish Foundation of Manitoba Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation « The Jewish Foundation of Manitoba »

Your Committee agreed to report this Bill, without amendment.

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

______________________________

Mr. Rondeau, Chairperson of the Standing Committee on Economic Development, presented its Second Report, which was read as follows:

Your Committee met on Monday, June 25, 2001 at 6:30 p.m. in Room 255 of the Legislative Building to consider Bills referred.

Matters Under Consideration:

  • Bill (No. 18) – The Teachers' Pensions Amendment Act/Loi modifiant la Loi sur la pension de retraite des enseignants
  • Bill (No. 26) – The Winnipeg Commodity Exchange Restructuring Act/Loi sur la réorganisation de la Bourse des marchandises de Winnipeg

Membership Resignations / Elections:

Your Committee elected Mr. Rondeau as the Chairperson.

Your Committee elected Ms. Allan as the Vice-Chairperson.

Substitutions received prior to commencement of meeting:

  • Mr. Penner (Steinbach) for Mrs. Dacquay
  • Mr. Maguire for Mr. Derkach
  • Mrs. Smith (Fort Garry) for Mr. Enns
  • Mr. Dyck For Mr. Laurendeau
  • Hon. Mr. Caldwell for Ms. Asper
  • Hon. Mr. Smith (Brandon West) for Ms. Cerilli
  • Ms. Allan for Hon. Ms. McGifford
  • Mr. Rondeau for Hon. Ms. Wowchuk
  • Mr. Struthers for Mr. Jennissen
  • Mr. Cummings for Mr. Dyck
  • Substitutions made, by leave, during committee proceedings:
  • Ms. Korzeniowski for Hon. Mr. Lemieux

Public Presentations:

Your Committee heard eight presentations on Bill (No. 18) – The Teachers' Pensions Amendment Act/Loi modifiant la Loi sur la pension de retraite des enseignants:

Laurena Leskiw

Private Citizen

Doug Reynolds

Interlake Retired Teachers Association

Pat Bowslaugh

Private Citizen

Don Berry

Private Citizen

Marilyn MacNaughton

Private Citizen

Jan Speelman

Manitoba Teachers' Society

Terry Clifford

Retired Teachers Association of Manitoba

Gordon Shead

President, Manitoba Association of School Superintendents

Your Committee heard 11 presentations on Bill (No. 26) – The Winnipeg Commodity Exchange Restructuring Act/Loi sur la réorganisation de la Bourse des marchandises de Winnipeg, from the following individuals and/or organizations:

Mike Gagne

Winnipeg Commodity Exchange

Gordon Cummings

CEO, Agricore

Rees Jones

CFG Futures Canada Inc.

Brian Flaherty

Private Citizen

Peter Lloyd

X-Can Grain

Anthony Denis Cattani

Private Citizen

Ron Zimmerman

Private Citizen

Terry James

James Richardson International

Alexander MacKenzie

Private Citizen

Glen Peters

Private Citizen

Jim Mann

Farmers of North America Inc.

Bills Considered and Reported:

Bill (No. 18) – The Teachers' Pensions Amendment Act/Loi modifiant la Loi sur la pension de retraite des enseignants

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

      THAT the proposed subsection 6(6.2), as set out in subsection 4(1) of the Bill, be amended by striking out "If a person under the age of 65 years becomes employed as a teacher within 30 teaching days after retiring" and substituting "If, within 90 days after retiring, a person becomes engaged, otherwise than as a substitute teacher, in providing what would be pensionable service under this Act if the person had not retired".

       

      THAT the proposed subsection 17(1), as set out in section 5 of the Bill, be replaced with the following:

      Definitions

17(1) In this section,

          "employed as a teacher" means engaged in providing a service that, if it were provided by a teacher, would be pensionable service under this Act; (« employée à titre d'enseignant »)

          "school year" means the period beginning on July 1 of one year and ending on June 30 of the next year. (« année scolaire »)

THAT section 5 of the Bill be amended

          (a) in the part of the proposed subsection 17(4) before clause (a),

          (i) by striking out "under the age of 65 years", and

          (ii) by striking "teaching days" and substituting "full days";

          (b) in the proposed clause 17(4)(a), by striking out "teaching day" and substituting "full day"; and

          (c) in the part of the proposed subsection 17(5) before clause (a), by striking out "under the age of 65 years";

          (d) in the proposed clause 17(5)(b), by adding "full" before "days";

      (e) in the proposed subsection 17(6)

          (i) by striking out "while under the age of 65 years", and

          (ii) by striking out "teaching days" and substituting "full days"; and

          (f) by adding the following after the proposed subsection 17(6):

Full day

17(7) For the purposes of this section,

          (a) a person who is employed as a teacher for half a day or less shall be considered to be employed as a teacher for a half day;

          (b) a person who is employed as a teacher for more than half a day but less than a full day shall be considered to be employed as a teacher for a full day; and

          (c) a person shall be considered to be employed as a teacher for one full day for every two half days that he or she is employed as a teacher.

           

Bill (No. 26) – The Winnipeg Commodity Exchange Restructuring Act/Loi sur la réorganisation de la Bourse des marchandises de Winnipeg

Your Committee agreed to report this Bill, without amendment.

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

______________________________

During Oral Questions, Mr. Speaker interjected and requested that the word "lie" spoken by the Honourable Member for Turtle Mountain be withdrawn.

WHEREUPON Mr. Tweed withdrew his remarks.

______________________________

Subsequently, during Oral Questions, Mr. Laurendeau rose on a point of order regarding Beauchesne citation 417 and leader's latitude.

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

WHEREUPON Mr. Speaker ruled that there was no point of order,

From his decision, Mr. Laurendeau appealed to the House,

And the Question being put. "Shall the ruling of the Chair be sustained?"

It was agreed to, on the following division:

YEA

Aglugub

Allan

Ashton

Barrett

Caldwell

Cerilli

Chomiak

Dewar

Doer

Friesen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Reid

Robinson

Rondeau

Sale

Schellenberg

Selinger

Smith (Brandon West)

Struthers 25

 

NAY

Cummings

Derkach

Driedger

Dyck

Enns

Faurschou

Gerrard

Gilleshammer

Laurendeau

Loewen

Maguire

Mitchelson

Murray

Penner (Emerson)

Penner (Steinbach)

Praznik

Reimer

Stefanson

Tweed 19

______________________________

Pursuant to Rule 23(1), Messrs. Tweed and Schellenberg, Mrs. Driedger, Mr. Martindale and Hon. Mr. Gerrard made Members' Statements.

______________________________

Bill (No. 8) – The Mines and Minerals Amendment Act/Loi modifiant la Loi sur les mines et les minéraux, was concurred in, read a Third Time and passed.

______________________________

Hon. Mr. Mackintosh moved:

THAT 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, 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 Hon. Mr. Gerrard, adjourned.

______________________________

Bill (No. 16) – The Farm Practices Protection Amendment Act/Loi modifiant la Loi sur la protection des pratiques agricoles, was concurred in, read a Third Time and passed.

______________________________

Hon. Mr. Mackintosh moved:

THAT 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., be concurred in and be now read a Third Time and passed.

And a debate arising,

 

And Hon. Messrs. Gerrard and Caldwell, Messrs. Loewen and Laurendeau, Hon. Messrs. Ashton and Mackintosh having spoken,

And the Question being put. It was agreed to.

The Bill was accordingly concurred in, read a Third Time and passed.

______________________________

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

THAT Bill (No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives, be now read a Second Time and be referred to a Committee of this House.

And the debate continuing,

And Mr. Faurschou, Hon. Mr. Gerrard, Messrs. Penner (Steinbach) and Reimer having spoken,

And Mr. Tweed speaking at 5:43 p.m. The debate was allowed to remain in his name.

______________________________

The House then adjourned at 5:43 p.m. until 1:30 p.m. Thursday, June 28, 2001.

 

Hon. George Hickes,

Speaker.