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Thursday, July 5, 2001

LEGISLATIVE ASSEMBLY OF MANITOBA

VOTES AND PROCEEDINGS No. 58

SECOND SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS

10:00 O'CLOCK A.M.

 

The House resolving into the Committee of Supply.

And the House continuing in Committee. The Proceedings were interrupted at 12:00 p.m. with the understanding that the Committee of Supply would resume following Routine Proceedings.

______________________________

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 (S. Jones, F. Shere, T. King 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 (J. Enright, L. Bernier, K. Stonyk and others)

______________________________

The following petitions were read and received:

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. Williams, J. Sokal, L. Noseworthy 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. Kitchen, G. Peterson and C. Girard and others)

______________________________

 

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

Your Committee met on the following dates:

Thursday, June 28, 2001 at 10:00 a.m.

Tuesday, July 3, 2001 at 6:30 p.m.

All meetings took place in Room 255 of the Legislative Building.

Matters Under Consideration:

  • Bill (No. 11) – The Highway Traffic Amendment and Consequential Amendments Act/Loi modifiant le Code de la route et modifications corrélatives
  • Bill (No. 23) – The Highway Traffic Amendment Act/Loi modifiant le Code de la route
  • Bill (No. 33) – The Highway Traffic Amendment and Consequential Amendments Act (2)/Loi no 2 modifiant le Code de la route et modifications corrélatives
  • 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)
  • Bill (No. 36) – The Enhanced Debt Collection (Various Acts Amended) Act/Loi visant à faciliter le recouvrement des créances (modification de diverses dispositions législatives)
  • Bill (No. 37) – The Inter-jurisdictional Support Orders Act/Loi sur l'établissement et l'exécution réciproque des ordonnances alimentaires
  • 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
  • Bill (No. 49) – The Statutes Correction and Minor Amendments Act, 2001/Loi corrective de 2001

Membership Resignations / Elections:

Substitutions received prior to commencement of meeting on June 28, 2001 at 10:00 a.m.:

  • Hon. Mr. Ashton for Hon. Ms. Barrett;
  • Mr. Reid for Hon. Mr. Chomiak;
  • Hon. Mr. Mackintosh for Hon. Mr. Selinger;
  • Ms. Allan for Mr. Aglugub;
  • Mr. Praznik for Mrs. Driedger;
  • Mr. Cummings for Mr. Gilleshammer;
  • Mr. Reimer for Mrs. Mitchelson.

Substitutions received during meeting on June 28, 2001 at 10:00 a.m., by leave:

  • Ms. Korzeniowski for Hon. Mr. Lemieux.

 

Substitutions received prior to commencement of meeting on July 3, 2001 at 6:30 p.m.:

  • Mr. Gilleshammer for Mr. Cummings;
  • Mr. Faurschou for Mr. Reimer.

Public Presentations:

The following individuals and/or organizations made presentations on Bill (No. 11) – The Highway Traffic Amendment and Consequential Amendments Act/Loi modifiant le Code de la route et modifications corrélatives:

 

 

 

Sharon Stewart

Private Citizen

Donald Dewar

Keystone Agricultural Producers Inc.

Shawn Feely

    IMPACT, The Injury Prevention Centre of Children's Hospital

Terry Johns

Coalition of Manitoba Motorcycle Groups

The following individuals and/or organizations made presentations on Bill (No. 23) – The Highway Traffic Amendment Act/Loi modifiant le Code de la route:

Donald Dewar

Keystone Agricultural Producers Inc.

Greg Riou

    Heavy Equipment Rental Association of Manitoba

The following individuals and/or organizations made presentations on Bill (No. 33) – The Highway Traffic Amendment and Consequential Amendments Act (2)/Loi no 2 modifiant le Code de la route et modifications corrélatives:

Josh Weinstein

Manitoba Association of Rights and Liberties

The following individuals and/or organizations made presentations on 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):

Paula Mallea

Private Citizen

The following individuals and/or organizations made presentations on Bill (No. 37) – The Inter-jurisdictional Support Orders Act/Loi sur l'établissement et l'exécution réciproque des ordonnances alimentaires:

Paula Mallea

Private Citizen

John Stefaniuk

Canadian Bankers Association

The following individuals and/or organizations made presentations on 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:

Robb Tonn and Linda Giesbrecht

Provincial Judges Association

 

Written Submissions:

The following individuals and/or organizations offered written submissions to the Committee on Bill (No. 11) – The Highway Traffic Amendment and Consequential Amendments Act/Loi modifiant le Code de la route et modifications corrélatives:

 

 

Tristan Goertzen

Private Citizen

The following individuals and/or organizations offered written submissions to the Committee on Bill (No. 23) – The Highway Traffic Amendment Act/Loi modifiant le Code de la route:

Chris Lorenc

Manitoba's Heavy Construction Association

Bills Considered and Reported:

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

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

THAT the following be added after section 4 of the Bill:

4.1 The centred heading before section 26 and section 26 are repealed.

THAT section 5 of the Bill be amended

        (a)by striking out the part before the proposed centred heading "NOVICE DRIVERS" and substituting "The following is added after section 26:";

        (b)by renumbering the proposed subsections 26(1) to (5) as subsections 26.1(1) to (5);

        (c)in the proposed clause 26.1(1)(m), by striking out ", or blood alcohol concentration levels of zero, for novice or" and substituting "for";

        (d)in the proposed clause 26.1(1)(n), by striking out "his or her blood alcohol concentration level exceeds the prescribed level" and substituting "he or she has any alcohol in his or her blood";

        (e)in the proposed clause 26.1(1)(r), by striking out "driver's blood alcohol concentration level exceeds the prescribed level" and substituting "driver has any alcohol in his or her blood"; and

        (f)by adding the following after the proposed clause 26.1(1)(r):

        (r.1)respecting the removal and storage of a vehicle, and any towed equipment, being driven by a novice driver when he or she has been found to be driving with alcohol in his or her blood, and respecting the enforcement of the costs of removal and storage;

         

      THAT the following be added after section 5 of the Bill:

    1. The following is added after section 26.1:

      Stages for novice drivers

      26.2(1) A novice driver must hold a class or subclass of licence prescribed for novice drivers

        (a) in the learner stage for at least nine months before being eligible to progress to the intermediate stage;

        (b)in the intermediate stage for at least 15 months before being eligible to progress to the full stage; and

        (c)in the full stage for at least 12 months before he or she is no longer a novice driver.

      Exemption for existing licences

      26.2(2) Subsection (1) does not apply to a licence that is issued before the day on which this section comes into force.

      Zero BAC level: novice drivers

    1. No novice driver shall, while he or she has any alcohol in his or her blood, operate or have care or control of

        (a)a motor vehicle or off-road vehicle; or

        (b)an implement of husbandry, special mobile machine or tractor.

      Restrictions at learner stage for class 5 vehicles

      26.4(1) A novice driver who holds a class or subclass of licence prescribed for novice drivers in the learner stage entitling him or her to operate a class 5 vehicle shall not

        (a) operate a class 5 vehicle unless a supervising driver is in it;

        (b)operate the vehicle

        (i)with anyone else in the front seat other than the supervising driver, or

          (ii)with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt;

(c)tow another vehicle; or

      (d)operate an off-road vehicle on or across a highway.

       

      Restrictions at intermediate stage for class 5 vehicles

      26.4(2) A novice driver who holds a class or subclass of licence prescribed for novice drivers in the intermediate stage entitling him or her to operate a class 5 vehicle shall not,

        (a)between 5:00 a.m. and midnight, operate a class 5 vehicle with more than one passenger in the front seat or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt; and

        (b)between midnight and 5:00 a.m., operate a class 5 vehicle

          (i)with more than one passenger in the vehicle, unless a supervising driver is in the vehicle, or

          (ii)when a supervising driver is in the vehicle, with anyone else in the front seat other than the supervising driver, or with anyone in the part of the vehicle behind the front seat except in a seating position that is equipped with a seat belt.

      THAT the following be added after section 22 of the Bill:

      22.1 Clause 319(1)(vv) is replaced with the following:

        (vv)prescribing classes and subclasses of licence required to operate or learn to operate a specified class or type of vehicle or more than one class or type of vehicle, prescribing fees for examinations for various classes and subclasses of licences, governing drivers who hold particular classes or subclasses of licences, and prescribing conditions and restrictions that shall apply to any class or subclass of licence;

Bill (No. 23) – The Highway Traffic Amendment Act/Loi modifiant le Code de la route

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

      THAT the proposed subsection 24(1.1), as set out in section 4 of the Bill, be replaced with the following:

      Licence required to operate tractors, etc.

      24(1.1) Every person shall, before operating an implement of husbandry, special mobile machine or tractor on a provincial highway, or a highway within the municipal boundaries of a city, town, village or urban municipality, obtain and have in his or her possession a valid and subsisting licence of a class that authorizes him or her to drive a class 5 vehicle, as defined in the regulations, without a full-time supervising driver.

      THAT clause 21(2)(b) of the English version of the Bill be replaced with the following:

        (b)in the subsection, by striking out "clauses (1)(a), (c) and (d) do" and substituting "clause (1)(d) does".

         

Bill (No. 33) – The Highway Traffic Amendment and Consequential Amendments Act (2)/Loi no 2 modifiant le Code de la route et modifications corrélatives

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

      THAT section 7 of the Bill be amended by adding the following after the proposed subsection 242.3(40):

      Sending confirmation statement

      242.3(40.1) Instead of sending a copy of a registered financing statement to a motor vehicle owner, secured party or insurance company under subsection (9), (11) or (36), the designated person may send the owner, party or company a copy of a statement, issued by the Personal Property Registry, confirming registration of the financing statement.

      THAT the proposed subsection 264(1), as set out in subsection 9(1) of the Bill, be amended in clause (d) of the definition "Category A offence" by striking out "or section 263.1 or 265".

      THAT the proposed subsection 264(1.1), as set out in subsection 9(1) of the Bill, be amended by striking out "a series" and substituting "an unrelated series".

      THAT subsection 12(2) be amended by striking out "subsection 6(1)" and substituting "subsection 9(1)".

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)

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

      THAT subsection 59.4(3), as set out in section 13 of the Bill, be amended

        (a)in clause (a), by striking out "on the personal property of the person in default" and substituting "on all personal property of the person in default, including proceeds and after-acquired personal property"; and

        (b)by replacing clause (b) with the following:

        (b)is deemed to have been perfected on the day

        (i)the maintenance was due,

        (ii)the enforcement provisions of this Part become applicable to the order, or

        (iii)this section comes into force;

        whichever occurs last.

         

      THAT subsection 59.4(5), as set out in section 13 of the Bill, be amended in the part before clause (a) by striking out "before or after the maintenance was due and payable" and substituting "after the lien and charge was perfected".

Bill (No. 36) – The Enhanced Debt Collection (Various Acts Amended) Act/Loi visant à faciliter le recouvrement des créances (modification de diverses dispositions législatives)

Your Committee has agreed to report the Bill, without amendment.

Bill (No. 37) – The Inter-jurisdictional Support Orders Act/Loi sur l'établissement et l'exécution réciproque des ordonnances alimentaires

Your Committee has agreed to report the Bill, without amendment.

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

Your Committee has agreed to report the Bill, without amendment.

Bill (No. 49) – The Statutes Correction and Minor Amendments Act, 2001/Loi corrective de 2001

Your Committee has agreed to report the 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 Third Report, which was read as follows:

Your Committee met on Tuesday, July 3, 2001 at 6:30 p.m. in room 254 of the Legislative Building.

Matters Under Consideration:

  • Bill (No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives
  • 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)
  • Bill (No. 50) – The Regional Health Authorities Amendment (Accountability) Act/Loi modifiant la Loi sur les offices régionaux de la santé (responsabilités)

Membership Resignations / Elections:

Substitutions received prior to commencement of the meeting:

  • Mr. Tweed for Mr. Maguire
  • Mrs. Driedger for Mr. Faurschou
  • Mr. Loewen for Mr. Laurendeau
  • Hon. Ms. Mihychuk for Mr. Martindale
  • Hon. Ms. Barrett for Hon. Ms. Friesen
  • Hon. Mr. Chomiak for Hon. Ms. McGifford
  • Mr. Struthers for Mr. Aglugub
  • Hon. Mr. Sale for Hon. Mr. Selinger
  • Public Presentations:

Your Committee heard seven presentations on Bill (No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives, from the following individuals and/or organizations:

 

Cory Sul

Private Citizen

Robert Chernomas

Canadian Centre for Policy Alternatives

Albert Cerilli

President, Manitoba Federation of Union Retirees

Margot Lavoie & Brother Thomas Novak

Manitoba Oblate Justice & Peace Committee

Carolyn DeCoster

Private Citizen

Madeline Boscoe & Carol Scurfield

Women's Health Clinic

Paul Moist & Lorraine Sigurdson

Canadian Union of Public Employees

Your Committee heard four presentations on Bill (No. 50) – The Regional Health Authorities Amendment (Accountability) Act/Loi modifiant la Loi sur les offices régionaux de la santé (responsabilités), from the following individuals and/or organizations:

Heather Temple

CEO, Middlechurch Home of Winnipeg

Dr. Michael Doiron

The Interfaith Healthcare Association of Manitoba

Raymond Lafond

Catholic Health Association of Manitoba

Real Cloutier

Winnipeg Regional Health Authority

Written Submissions:

The Committee received one written submission on Bill (No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives, from:

Linda West

Private Citizen

Bills Considered and Reported:

Bill (No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives

Your Committee agreed to report this Bill without amendment, on division.

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)

 

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

      THAT the part of the proposed definition "placement peu important admissible" before clause (a), as set out in the French version of clause 2(1)(a) of the Bill, be amended by striking out "0000" and substituting "000".

      THAT subsection 14(2) of the Bill be amended by striking out "and" at the end of clause (a) and by adding the following after clause (a):

        (a.1) by repealing clause (a); and

      THAT subsection 36(2) of the Bill be replaced with the following:

      36(2) Subsection 16(2), section 28 and subsection 29(2) come into force on a day fixed by proclamation.

      36(2.1) Section 17 comes into force on January 1, 2002 or any later day fixed by proclamation made before January 1, 2002.

Bill (No. 50) – The Regional Health Authorities Amendment (Accountability) Act/Loi modifiant la Loi sur les offices régionaux de la santé (responsabilités)

Your Committee agreed to report this Bill without amendment.

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

______________________________

During Oral Questions, Mr. Speaker interjected and requested that the words "deliberately mislead" spoken by the Honourable Member for Fort Whyte, be withdrawn.

Mr. Loewen unconditionally withdrew his remarks.

______________________________

Subsequently, during Oral Questions, Mr. Laurendeau rose on a point of order regarding the words "junkyard dogs" allegedly spoken by the Honourable First Minister,

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

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

______________________________

Pursuant to Rule 23(1), Messrs. Schellenberg and Tweed, Ms. Allan, Hon. Mr. Gerrard and Ms. Asper made Members' Statements.

______________________________

By leave, the House reverted to "Grievances".

______________________________

 

In accordance with Rule 24, Mr. Penner (Emerson) rose on a grievance.

______________________________

By leave, Bill (No. 300) – The Jewish Foundation of Manitoba Incorporation Amendment Act/Loi modifiant la Loi constituant en corporation « The Jewish Foundation of Manitoba », as reported from the Standing Committee on Law Amendments, was concurred in, read a Third Time and passed.

______________________________

By leave, Hon. Mr. Mackintosh moved:

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.

And the Question being put. It was agreed to.

______________________________

The Order of the Day being read for consideration of Bill (No. 18) – The Teachers' Pensions Amendment Act/Loi modifiant la Loi sur la pension de retraite des enseignants, as amended and reported from the Standing Committee on Economic Development:

Mrs. Smith (Fort Garry) moved:

      THAT Bill 18 be amended by renumbering section 9 as subsection 9(2) and by adding the following as subsection 9(1):

      9(1) The following is added after subsection 49(6):

      Transfer to pension adjustment account

      49(6.1) If at any time the actuary, on the basis of his or her valuation of Account A and the pension adjustment account, reports a surplus in Account A and determines that payment in any year of the total pension adjustments provided for under section 10 would result in an unfunded liability, the board may transfer all or any portion of the surplus to the pension adjustment account.

WHEREUPON Mr. Speaker made the following ruling:

I would like to advise the House that the amendment is out of order according to rule 62(1) because it imposes a charge on the public revenue without being recommended by message of the Lieutenant Governor. It is also out of order due to Beauchesne citation 698(7) which states that an amendment is out of order if it imposes a charge upon the Public Treasury, if it extends the objects and purposes, or if it relaxes the conditions and qualifications expressed in the Royal Recommendation.

I am advised that the same amendment had been ruled out of order in committee for similar reasons.

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 division.

______________________________

By leave, Hon. Mr. Caldwell then moved:

THAT Bill 18 be amended

    (a) in subsection 15(1), by striking out "section 9" and substituting "sections 9 and 13"; and

    (b) by adding the following after subsection 15(2):

      Transitional and coming into force: section 13

      15(3) Section 13 is retroactive and is deemed to have come into force on June 1, 2001. A teacher or former teacher who makes an application under section 63.2 of The Teachers' Pensions Act, as enacted by section 13, within 90 days after this Act receives royal assent is deemed to have made the application on June 1, 2001.

And the Question being put on the amendment. It was agreed to.

______________________________

By leave, Bill (No. 18) – The Teachers' Pensions Amendment Act/Loi modifiant la Loi sur la pension de retraite des enseignants, as amended and reported from the Standing Committee on Economic Development and subsequently amended, was concurred in, read a Third Time and passed.

______________________________

By leave, Hon. Mr. Mackintosh moved:

THAT Bill (No. 11) – The Highway Traffic Amendment and Consequential Amendments Act/Loi modifiant le Code de la route et modifications corrélatives, as amended and 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. Messrs. Mackintosh and Gerrard, Messrs. Reid and Gilleshammer having spoken,

And the Question being put. It was agreed to.

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

______________________________

By leave, Bill (No. 33) – The Highway Traffic Amendment and Consequential Amendments Act (2)/Loi no 2 modifiant le Code de la route et modifications corrélatives, as amended and reported from the Standing Committee on Law Amendments, was concurred in, read a Third Time and passed.

______________________________

 

Bill (No. 34) – The Municipal Amendment Act/Loi modifiant la Loi sur les municipalités, as reported from the Standing Committee on Municipal Affairs, was concurred in, read a Third Time and passed.

______________________________

By leave, Hon. Mr. Mackintosh moved:

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), as amended and 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. Messrs. Mackintosh and Gerrard having spoken,

And the Question being put. It was agreed to.

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

______________________________

By leave, the Bills:

(No. 36) – The Enhanced Debt Collection (Various Acts Amended) Act/Loi visant à faciliter le recouvrement des créances (modification de diverses dispositions législatives)

(No. 37) – The Inter-jurisdictional Support Orders Act/Loi sur l'établissement et l'exécution réciproque des ordonnances alimentaires

as reported from the Standing Committee on Law Amendments, were respectively concurred in, read a Third Time and passed.

______________________________

Bill (No. 43) – The Auditor General Act/Loi sur le vérificateur général, as reported from the Standing Committee on Municipal Affairs, was concurred in, read a Third Time and passed.

______________________________

By leave, 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, as reported from the Standing Committee on Law Amendments, was concurred in, read a Third Time and passed.

______________________________

Bill (No. 48) – The City of Winnipeg Amendment (Pensions) Act/Loi modifiant la Loi sur la Ville de Winnipeg (régime de pension), as reported from the Standing Committee on Municipal Affairs, was concurred in, read a Third Time and passed.

______________________________

 

By leave, Bill (No. 49) – The Statutes Correction and Minor Amendments Act, 2001/Loi corrective de 2001, as reported from the Standing Committee on Law Amendments, was concurred in, read a Third Time and passed.

______________________________

By leave, Bill (No. 50) – The Regional Health Authorities Amendment (Accountability) Act/Loi modifiant la Loi sur les offices régionaux de la santé (responsabilités), as reported from the Standing Committee on Municipal Affairs, was concurred in, read a Third Time and passed.

______________________________

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

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 for a Third Time and passed.

And the debate continuing,

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

And the Question being put. It was agreed to.

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

______________________________

By leave, Hon. Mr. Mackintosh moved:

THAT Bill (No. 23) – The Highway Traffic Amendment Act/Loi modifiant le Code de la route, as amended and 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, Messrs. Gilleshammer, Faurschou, Penner (Emerson), Enns, Maguire and Dyck having spoken,

And the Question being put. It was agreed to, on division.

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

______________________________

And, by leave, the House continuing in Committee. The Proceedings were temporarily interrupted to permit Mr. Speaker to resume the Chair.

______________________________

 

And, by leave, the House continuing in Committee. The Proceedings were temporarily interrupted to permit Mr. Speaker to resume the Chair.

______________________________

And, by leave, the House continuing in Committee.

______________________________

The concurrence motion required pursuant to Rule 76(1) having been considered in the Committee of Supply and reported to the House, it was subsequently concurred in.

______________________________

Mr. Speaker having left the Chair and the House resolving itself into a Committee to consider of the Ways and Means of raising the Supply to be granted to Her Majesty:

IN THE COMMITTEE

RESOLVED that towards making good Certain Sums of Money for Capital Purposes, the sum of THREE HUNDRED FORTY TWO MILLION, NINE HUNDRED FIFTY THOUSAND Dollars ($342,950,000.00) be granted out of the Consolidated Fund.

RESOLVED that towards making good Certain Sums of Money granted to Her Majesty for the Public Service of the Province for the Fiscal Year ending the 31st day of March 2002, the sum of SIX BILLION, THREE HUNDRED FORTY-NINE MILLION, ONE HUNDRED EIGHTY THOUSAND, SIX HUNDRED DOLLARS ($6,349,180,600.00), as set forth in Schedule A (Operating Expenditure) be granted out of the Consolidated Fund.

RESOLVED that towards making good Certain Sums of Money granted to Her Majesty for the Public Service of the Province for the Fiscal Year ending the 31st day of March 2002, the sum of FIFTY-EIGHT MILLION DOLLARS ($58,000,000.00), as set out in Schedule B (Capital Investment) be granted out of the Consolidated Fund.

Resolutions were reported.

Report was received and the Committee of Ways and Means obtained leave to sit again.

______________________________

By leave, on motion of Hon. Mr. Selinger, Bill (No. 45) – The Appropriation Act, 2001/Loi de 2001 portant affectation de crédits, and that the same be now received, read a First Time, and be ordered for Second Reading Immediately.

______________________________

By leave, on motion of Hon. Mr. Selinger, Bill (No. 45) – The Appropriation Act, 2001/Loi de 2001 portant affectation de crédits, be now read a Second Time, and be referred to a Committee of this House.

______________________________

 

By leave, on motion of Hon. Mr. Selinger, Bill (No. 44) – The Loan Act, 2001/Loi d'emprunt de 2001, and that the same be now received, read a First Time, and be ordered for Second Reading Immediately.

______________________________

By leave, on motion of Hon. Mr. Selinger, Bill (No. 44) – The Loan Act, 2001/Loi d'emprunt de 2001, be now read a Second Time, and be referred to a Committee of this House.

______________________________

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

THAT Bill (No. 47) – The Budget Implementation and Tax Statutes Amendment Act, 2001/Loi d'exécution du budget de 2001 et modifiant diverses dispositions législatives en matière de fiscalité, 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. Loewen,

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.

______________________________

      By leave, Hon. Mr. Mackintosh moved:

THAT Mr. Speaker do now leave the Chair and the House to resolve itself into the Committee of the Whole to consider and report on Bill (No. 44) – The Loan Act, 2001/Loi d'emprunt de 2001, Bill (No. 45) – The Appropriation Act, 2001/Loi de 2001 portant affectation de crédits, and Bill (No. 47) – The Budget Implementation and Tax Statutes Amendment Act, 2001/Loi d'exécution du budget de 2001 et modifiant diverses dispositions législatives en matière de fiscalité, for Concurrence and Third Reading.

And the Question being put. It was agreed to.

______________________________

The Bills:

(No. 44) – The Loan Act, 2001/Loi d'emprunt de 2001

(No. 45) – The Appropriation Act, 2001/Loi de 2001 portant affectation de crédits

(No. 47) – The Budget Implementation and Tax Statutes Amendment Act, 2001/Loi d'exécution du budget de 2001 et modifiant diverses dispositions législatives en matière de fiscalité

were considered in the Committee of the Whole, reported without amendments and, by leave, were severally concurred in, read a Third Time and passed, on division.

______________________________

 

The House resumed the Adjourned Debate on the Proposed Motion of Hon. Mr. Smith (Brandon West):

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 the debate continuing,

And Mr. Laurendeau, Hon. Mr. Gerrard, Mrs. Mitchelson, Messrs. Tweed, Schuler, Loewen and Penner (Emerson), Mrs. Smith (Fort Garry), Messrs. Dyck and Faurschou having spoken,

And the Question being put. It was agreed to, on the following division:

YEA

Aglugub

Allan

Ashton

Barrett

Caldwell

Cerilli

Chomiak

Dewar

Doer

Friesen

Jennissen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Mihychuk

Nevakshonoff

Reid

Robinson

Rondeau

Sale

Santos

Schellenberg

Selinger

Smith (Brandon West)

Struthers

Wowchuk 30

NAY

Cummings

Dacquay

Derkach

Driedger

Dyck

Faurschou

Gerrard

Gilleshammer

Laurendeau

Loewen

Maguire

Mitchelson

Murray

Penner (Emerson)

Penner (Steinbach)

Pitura

Reimer

Schuler

Smith (Fort Garry)

Stefanson

Tweed 21

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

______________________________

 

By leave, the Order of the Day being read for consideration of 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), as amended and reported from the Standing Committee on Municipal Affairs:

Mr. Tweed moved:

THAT Bill 28 be amended by striking out section 17.

And a debate arising,

And Mr. Tweed having spoken,

And the Question being put on the amendment. It was negatived, on division.

______________________________

By leave, Mr. Tweed then moved:

THAT Bill 28 be amended as follows in section 20:

        (a)by striking out "Clause 23(c) is replaced with the following" and substituting "The following is added after clause 23(c)"; and

        (b)by renumbering the proposed clauses 23(c) and (c.1) as (c.1) and (c.2) respectively.

And a debate arising,

And Mr. Tweed having spoken,

And the Question being put on the amendment. It was negatived, on division.

______________________________

By leave, Mr. Tweed then moved:

THAT Bill 28 be amended by striking out subsection 36(2.1) as added at committee stage.

And a debate arising,

And Mr. Tweed having spoken,

And the Question being put on the amendment. It was negatived, on division.

______________________________

 

By leave, Hon. Mr. Mackintosh 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), as amended and reported from the Standing Committee on Municipal Affairs, be concurred in and be now read for a Third Time and passed.

And a debate arising,

And Hon. Mr. Mackintosh, Messrs. Tweed and Loewen and Hon. Mr. Gerrard having spoken,

And the Question being put. It was agreed to, on division.

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

______________________________

Hon. Mr. Mackintosh moved:

THAT Bill (No. 31) – The Municipal Assessment Amendment Act/Loi modifiant la Loi sur l'évaluation municipale, as reported from the Standing Committee on Municipal Affairs, be concurred in and be now read for a Third Time and passed.

And a debate arising,

And Hon. Messrs. Mackintosh and Gerrard and Mr. Derkach having spoken,

And the Question being put. It was agreed to, on division.

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

______________________________

Bill (No. 32) – The City of Winnipeg Amendment Act/Loi modifiant la Loi sur la Ville de Winnipeg, as amended and reported from the Standing Committee on Municipal Affairs, was concurred in, read a Third Time and passed, on division.

______________________________

By leave, the Order of the Day being read for consideration of Bill (No. 38) – The Local Authorities Election Amendment Act/Loi modifiant la Loi sur l'élection des autorités locales, as amended and reported from the Standing Committee on Municipal Affairs:

Mr. Maguire moved:

THAT Bill 38 be amended by adding the following after subsection 3(3):

3(3.1) The following is added after subsection 5(5):

 

No more than two non-residents permitted

      5(5.1) Notwithstanding any other provision of this Act, the right to be named in the list of electors under clause (1)(c) or (d) is limited to a maximum number of two persons in respect of each parcel of land referred to in clause (1)(c) or (d).

Written consent of majority required

      5(5.2) If more than two persons would have, but for subsection (5.1), the right to be named under clauses (1)(c) and (d) in respect of a parcel of land, the enumerator or revising officer shall add to the list of electors the names of the first two persons who

    (a)comply with subsection (6); and

        (b)provide the signed consent of the majority of the other persons entitled to have their names added under clause (1)(c) or (d).

      When consents are to be provided

      5(5.3) The signed consents referred to in clause (5.2)(b) shall be provided to the enumerator or revising officer in each year in which the enumerator is required to make a list of electors under section 11.

And a debate arising,

And Mr. Maguire having spoken,

And the Question being put on the amendment. It was negatived, on division.

______________________________

Bill (No. 38) – The Local Authorities Election Amendment Act/Loi modifiant la Loi sur l'élection des autorités locales, as amended and reported from the Standing Committee on Municipal Affairs, was concurred in, read a Third Time and passed, on division.

______________________________

By leave, Hon. Mr. Mackintosh moved:

THAT Bill (No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives, as reported from the Standing Committee on Municipal Affairs, be concurred in and be now read for a Third Time and passed.

And a debate arising,

And Hon. Mr. Mackintosh, Mrs. Driedger, Mr. Derkach and Hon. Mr. Gerrard having spoken,

 

And the Question being put. It was agreed to, on the following division:

YEA

Aglugub

Allan

Ashton

Barrett

Caldwell

Cerilli

Chomiak

Dewar

Doer

Friesen

Jennissen

Korzeniowski

Lathlin

Lemieux

Mackintosh

Maloway

Martindale

McGifford

Mihychuk

Nevakshonoff

Reid

Robinson

Rondeau

Sale

Santos

Schellenberg

Selinger

Smith (Brandon West)

Struthers

Wowchuk 30

NAY

Cummings

Dacquay

Derkach

Driedger

Dyck

Enns

Faurschou

Gerrard

Gilleshammer

Helwer

Laurendeau

Loewen

Maguire

Mitchelson

Murray

Penner (Emerson)

Penner (Steinbach)

Pitura

Praznik

Reimer

Schuler

Smith (Fort Garry)

Stefanson

Tweed 24

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

______________________________

By leave, Hon. Mr. Mackintosh moved:

THAT when the House adjourns today it shall stand adjourned until a time fixed by Mr. Speaker, upon the request of the Government.

And a debate arising,

 

And Hon. Mr. Gerrard, Mr. Murray and Hon. Mr. Doer having spoken,

And the Question being put. It was agreed to.

______________________________

His Honour, Peter Liba, Lieutenant-Governor of the Province of Manitoba, having entered the House at 2:37 a.m., and being seated on the Throne:

Mr. Speaker addressed His Honour in the following words:

Your Honour:

The Legislative Assembly of Manitoba asks Your Honour to accept the following Bills:

(No. 44) – The Loan Act, 2001/Loi d'emprunt de 2001

(No. 45) – The Appropriation Act, 2001/Loi de 2001 portant affectation de crédits

To these Bills the Royal Assent was announced by the Clerk of the Legislative Assembly in the following words:

"In Her Majesty's name, the Lieutenant Governor thanks the Legislative Assembly, and assents to these Bills".

— — —

Mr. Speaker addressed His Honour in the following words:

Your Honour:

At this sitting, the Legislative Assembly has passed certain Bills that I ask Your Honour to give assent to.

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

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

(No. 9) – The Vital Statistics Amendment and Consequential Amendments Act/Loi modifiant la Loi sur les statistiques de l'état civil et modifications corrélatives

(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

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

(No. 12) – The Real Property Amendment Act/Loi modifiant la Loi sur les biens réels

 

(No. 13) – The Social Services Appeal Board and Consequential Amendments Act/Loi sur la Commission d'appel des services sociaux et modifications corrélatives

(No. 14) – The Consumer Protection Amendment Act/Loi modifiant la Loi sur la protection du consommateur

(No. 15) – The Mortgage Amendment Act/Loi modifiant la Loi sur les hypothèques

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

(No. 17) – The Student Aid Act/Loi sur l'aide aux étudiants

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

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

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

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

(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

(No. 23) – The Highway Traffic Amendment Act/Loi modifiant le Code de la route

(No. 24) – The Liquor Control Amendment and Consequential Amendments Act/Loi modifiant la Loi sur la réglementation des alcools et modifications corrélatives

(No. 25) – The Health Services Insurance Amendment and Consequential Amendments Act/Loi modifiant la Loi sur l'assurance-maladie et modifications corrélatives

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

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

(No. 28) – The Labour-Sponsored Investment Funds (Various Acts Amended) Act/Loi sur les fonds de placement des travailleurs (modification de diverses dispositions législatives)

(No. 29) – The Residential Tenancies Amendment Act/Loi modifiant la Loi sur la location à usage d'habitation

 

(No. 30) – The Securities Amendment Act/Loi modifiant la Loi sur les valeurs mobilières

(No. 31) – The Municipal Assessment Amendment Act/Loi modifiant la Loi sur l'évaluation municipale

(No. 32) – The City of Winnipeg Amendment Act/Loi modifiant la Loi sur la Ville de Winnipeg

(No. 33) – The Highway Traffic Amendment and Consequential Amendments Act (2)/Loi no 2 modifiant le Code de la route et modifications corrélatives

(No. 34) – The Municipal Amendment Act/Loi modifiant la Loi sur les municipalités

(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)

(No. 36) – The Enhanced Debt Collection (Various Acts Amended) Act/Loi visant à faciliter le recouvrement des créances (modification de diverses dispositions législatives)

(No. 37) – The Inter-jurisdictional Support Orders Act/Loi sur l'établissement et l'exécution réciproque des ordonnances alimentaires

(No. 38) – The Local Authorities Election Amendment Act/Loi modifiant la Loi sur l'élection des autorités locales

(No. 39) – The Archives and Recordkeeping Act/Loi sur les archives et la tenue de dossiers

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

(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.

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

(No. 43) – The Auditor General Act/Loi sur le vérificateur général

(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

(No. 47) – The Budget Implementation and Tax Statutes Amendment Act, 2001/Loi d'exécution du budget de 2001 et modifiant diverses dispositions législatives en matière de fiscalité

(No. 48) – The City of Winnipeg Amendment (Pensions) Act/Loi modifiant la Loi sur la Ville de Winnipeg (régime de pension)

(No. 49) – The Statutes Correction and Minor Amendments Act, 2001/Loi corrective de 2001

 

(No. 50) – The Regional Health Authorities Amendment (Accountability) Act/Loi modifiant la Loi sur les offices régionaux de la santé (responsabilités)

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

(No. 301) – The Bank of Nova Scotia Trust Company and National Trust Company Act/Loi concernant la Société de Fiducie Banque de Nouvelle-Écosse et la Compagnie Trust National

To these Bills the Royal Assent was announced by the Clerk of the Legislative Assembly as follows:

"In Her Majesty's name, His Honour assents to these Bills."

At 2:46 a.m., His Honour was then pleased to retire.

______________________________

By leave, Hon. Mr. Mackintosh moved:

THAT this House do now adjourn.

And the Question being put. It was agreed to.

______________________________

The House then adjourned at 2:50 a.m., Friday, July 6, 2001.

 

 

Hon. George Hickes,

Speaker.