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Votes and Proceedings

  Monday, March 1, 2004

LEGISLATIVE ASSEMBLY OF MANITOBA

VOTES AND PROCEEDINGS No. 12

SECOND SESSION, THIRTY-EIGHTH LEGISLATURE

 

 PRAYERS                                                                                                       1:30 O'CLOCK P.M.

 

 

Mr. Martindale, Chairperson of the Standing Committee on Crown Corporations, presented its Second Report, which was read as follows:

 

Meetings:

 

Your Committee met on the following occasions:

·         Friday, February 20, 2004 at 10:00 a.m. in Room 255 of the Legislative Building

·         Friday, February 27, 2004 at 10:00 a.m. in Room 255 of the Legislative Building

 

 

Matters under Consideration:

 

·         Annual Report of the Manitoba Public Insurance Corporation for the year ended February 28, 2001

·         Annual Report of the Manitoba Public Insurance Corporation for the year ended February 28, 2002

·         Annual Report of the Manitoba Public Insurance Corporation for the year ended February 28, 2003

 

Committee Membership:

 

At the February 20, 2004 meeting, your Committee elected Mr. Martindale as the Chairperson.

At the February 20, 2004 meeting, your Committee elected Ms. Oswald as the Vice-Chairperson.

 

Substitutions made, by leave, during the February 20, 2004, committee proceedings:

·         Mr. Loewen for Mrs. Mitchelson

·         Ms. Korzeniowski for Mr. Dewar

·         Ms. Oswald for Hon. Ms. Allan

·         Mr. Schellenberg for Mr. Altemeyer

·         Hon. Mr. Mackintosh for Hon. Mr. Sale

·         Mr. Jha for Mr. Reid

 


 

Substitutions made, by leave, during the February 27, 2004, committee proceedings:

·         Mr. Tweed for Mr. Faurschou

·         Mr. Maguire for Mr. Cummings

·         Ms. Irvin-Ross for Ms. Korzeniowski

 

Officials from the Manitoba Public Insurance Corporation Speaking on Record:

 

February 20, 2004

·         Jack Zacharias, President and Chief Executive Officer

 

February 27, 2004

·         Jack Zacharias, President and Chief Executive Officer

·         Shari Decter Hirst, Chairperson of the Board

 

Reports Considered and Adopted:

 

Your Committee considered and adopted the following report as presented:

 

·         Annual Report of the Manitoba Public Insurance Corporation for the year ended February 28, 2001

 

Reports Considered but not Adopted:

 

Your Committee considered the following reports but did not adopt them:

 

·         Annual Report of the Manitoba Public Insurance Corporation for the year ended February 28, 2002

·         Annual Report of the Manitoba Public Insurance Corporation for the year ended February 28, 2003

 

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

______________________________

 

Mr. Reid, Chairperson of the Standing Committee on Crown Corporations, presented its First Report, which was read as follows:

 

Meetings:

 

Your Committee met on Friday, February 13, 2004 at 10:00 a.m. in Room 255 of the Legislative Building.

 

Matters under Consideration:

 

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2000

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2001

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2002

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2000


 

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2001

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2002

·         Five Year Operating Plan for the Workers Compensation Board for the years 2001-2005

·         Five Year Operating Plan for the Workers Compensation Board for the years 2002-2006

·         Five Year Operating Plan for the Workers Compensation Board for the years 2003-2007

 

Committee Membership:

 

Your Committee elected Mr. Altemeyer as the Vice-Chairperson.

 

Substitutions made, by leave, during committee proceedings:

·         Mr. Maloway for Hon. Mr. Bjornson

·         Mr. Martindale for Hon. Ms. Melnick

·         Hon. Ms. Allan for Hon. Mr. Smith

·         Mr. Faurschou for Mr. Loewen

·         Mr. Altemeyer for Mr. Jha

·         Mr. Eichler for Mr. Tweed

 

Officials from the Workers’ Compensation Board Speaking on Record:

 

·         Wally Fox-Decent, Chairperson

·         Harold Dueck, Vice President, Finance and Administration

·         Doug Sexsmith, President and Chief Executive Officer

·         Alan Scramstad, General Counsel and Corporate Secretary

 

Reports Considered and Adopted:

 

Your Committee considered and adopted the following reports as presented:

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2000

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2001

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2000

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2001

 

Reports Considered but not Adopted:

 

Your Committee considered the following reports but did not adopt them:

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2002


 

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2002

·         Five Year Operating Plan for the Workers Compensation Board for the years 2001-2005

·         Five Year Operating Plan for the Workers Compensation Board for the years 2002-2006

·         Five Year Operating Plan for the Workers Compensation Board for the years 2003-2007

 

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

______________________________

 

Ms. Brick, Chairperson of the Standing Committee on Legislative Affairs, presented its First Report, which was read as follows:

 

Meetings:

 

Your Committee met on February 18, 2004 at 6:30 p.m. in Room 255 of the Legislative Building.

 

Matters under Consideration:

 

·         Bill (No. 7) – The Criminal Property Forfeiture Act

·         Bill (No. 8) – The Employment and Income Assistance Amendment Act (One-Tier Assistance For Rural and Northern Manitoba)

·         Bill (No. 13) – The Public Schools Amendment Act (Appropriate Educational Programming)

 

Committee Membership:

 

Your Committee elected Ms. Brick as the Chairperson.

 

Substitutions made, by leave, during committee proceedings:

·         Mr. Dewar for Mr. Maloway

·         Hon. Mr. Bjornson for Hon. Mr. Rondeau

·         Hon. Ms. Melnick for Hon. Mr. Selinger

·         Ms. Rowat for Mrs. Taillieu

·         Mrs. Stefanson for Mr. Reimer

·         Ms. Brick for Mr. Nevakshonoff

 

 

Public Presentations:

 

Your Committee heard two presentations on Bill (No. 7) – The Criminal Property Forfeiture Act, from the following individuals and/or organizations:

 

Ken Mandzuik

Manitoba Association for Rights and Liberties

John Stefaniuk

Manitoba Bar Association

 


 

Your Committee heard three presentations on Bill (No. 8) – The Employment and Income Assistance Amendment Act (One-Tier Assistance for Rural and Northern Manitoba), from the following individuals and/or organizations:

 

Stuart  Briese

Association of Manitoba Municipalities

Mayor Bill Comaskey

City of Thompson

Wally R. Melnyk, President

Manitoba Municipal Administrator Association

 

Your Committee heard 13 presentations on Bill (No. 13) – The Public Schools Amendment Act (Appropriate Educational Programming), from the following individuals and/or organizations:

 

Karen Carey, Board Director

Manitoba Association of Parent Councils

Diane Duma

Private Citizen

Gladys Hayward-Williams

Private Citizen

Brian Ardern, President

Manitoba Teachers Society

Connie Allsopp 

Council of School Leaders

Dale Kendel

Association for Community Living in Manitoba

Tanis Pshebniski

St. James Assiniboia School Division

Linda Archer, Past President

Manitoba Association of School Trustees

Irene Meyrowitz

Manitoba School Counselors' Association

Ross Eadie

Private Citizen

Edie Wilde

Manitoba Association of School Superintendents

Lori Johnson

Winnipeg School Division

Jim Hoddinott

Manitoba Council For Exceptional Children

 

Written Submissions:

 

Your Committee received four written submissions on Bill (No. 8) – The Employment and Income Assistance Amendment Act (One-Tier Assistance for Rural and Northern Manitoba), from the following individuals and/or organizations:

 

Ian MacKenzie, Mayor

City of Portage La Prairie

Les Magnusson, Mayor

City of Steinbach

Alex Fedorchuk, Councilor

Town of Morden

Jan Chaboyer, President

Brandon District Labour Council

 

Bills Considered and Reported:

 

·         Bill (No. 7) – The Criminal Property Forfeiture Act

 


 

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

 

THAT Clause 1 be amended by replacing clause (b) of the definition "prior registered interest" with the following:

 

      (b) with respect to personal property, a security interest, lien, charge or other interest in respect of which a financing statement was registered against the property in the personal property registry in accordance with The Personal Property Security Act before notice of an application under section 6 was filed.

 

THAT Clause 25 of the French version of the Bill be amended

 

(a) in the proposed Clause 40(2)(c.2) of The Victims' Bill of Rights, as set out in Clause 25(2) of the Bill, by striking out "Loi sur la confiscation pénale de biens" and substituting "Loi sur la confiscation de biens obtenus ou utilisés criminellement"; and

 

(b) in the clause heading for the proposed Clause 43.2 of The Victims' Bill of Rights, as set out in Clause 25(3) of the Bill, by striking out "Loi sur la confiscation pénale de biens" and substituting "Loi sur la confiscation de biens obtenus ou utilisés criminellement".

 

THAT the title of the French version of the Bill is replaced with "LOI SUR LA CONFISCATION DE BIENS OBTENUS OU UTILISÉS CRIMINELLEMENT".

 

·         Bill (No. 8) – The Employment and Income Assistance Amendment Act (One-Tier Assistance For Rural and Northern Manitoba)

 

Your Committee agreed to report this Bill without amendment.

 

·         Bill (No. 13) – The Public Schools Amendment Act (Appropriate Educational Programming)

 

Your Committee agreed to report this Bill without amendment.

 

On motion of Ms. Brick, the Report of the Committee was received.

______________________________

 

Mr. Reid, Chairperson of the Standing Committee on Legislative Affairs, presented its Second Report, which was read as follows:

 

Meetings:

 

Your Committee met on Friday, February 27, 2004 at 10:00 a.m. in Room 254 of the Legislative Building.

 

On Friday, February 13, 2004 at 10:00 a.m. in Room 255 of the Legislative Building the Standing Committee on CROWN CORPORATIONS commenced consideration of these matters.

 


 

Matters under Consideration:

 

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2002

·         Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2002

·         Five Year Operating Plan for the Workers Compensation Board for the years 2001-2005

·         Five Year Operating Plan for the Workers Compensation Board for the years 2002-2006

·         Five Year Operating Plan for the Workers Compensation Board for the years 2003-2007

 

Committee Membership:

 

Your Committee elected Mr. Reid as the Chairperson and Ms. Korzeniowski as the Vice-Chairperson.

 

Substitutions made, by leave, during committee proceedings:

·         Mr. Dyck for Mr. Hawranik

·         Mrs. Driedger for Mrs. Stefanson

·         Mr. Reid for Hon. Mr. Mackintosh

·         Hon. Ms. Allan for Hon. Mr. Bjornson

·         Mr. Aglugub for Mr. Martindale

 

Officials from the Workers’ Compensation Board Speaking on Record:

 

·         Wally Fox-Decent, Chairperson

·         Doug Sexsmith, President and Chief Executive Officer

 

Reports Considered and Adopted:

 

Your Committee considered and adopted the Annual Report of the Appeal Commission and Medical Review Panel for the year ended December 31, 2002.

 

Reports Considered but not Adopted:

 

Your Committee considered the following reports but did not adopt them:

·         Annual Report of the Workers Compensation Board for the year ended December 31, 2002

·         Five Year Operating Plan for the Workers Compensation Board for the years 2001-2005

·         Five Year Operating Plan for the Workers Compensation Board for the years 2002-2006

·         Five Year Operating Plan for the Workers Compensation Board for the years 2003-2007

 

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

______________________________

 


 

On Motion of Hon. Mr. Selinger Bill (No. 14) – The Gas Tax Accountability Act (Financial Administration Act Amended)/Loi sur l’obligation redditionnelle concernant la taxe sur l’essence (modification de la Loi sur la gestion des finances publiques), was read a First Time and had its purposes outlined.

______________________________

 

During Oral Questions, Mr. Lamoureux rose on a Matter of Privilege and moved:

 

THAT the Speaker look into this matter and report back to the Legislative Assembly.

 

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

 

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

______________________________

 

Pursuant to Rule 26(1), Ms. Brick, Mrs. Rowat, Ms. Korzeniowski, Messrs. Hawranik and Aglugub made Members’ Statements.

______________________________

 

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

 

THAT Bill (No. 5) – The Manitoba Public Insurance Corporation Amendment Act (Claimant Advisers)/Loi modifiant la Loi sur la Société d'assurance publique du Manitoba (conseillers des demandeurs), be now read a Second Time and be referred to a Committee of this House.

 

And the debate continuing,

 

And Messrs. Cummings, Faurschou and Maguire having spoken,

 

The debate was allowed, by leave, to remain in the name of Mr. Tweed.

______________________________

 

Hon. Mr. Mackintosh moved:

 

THAT Bill (No. 6) – The Cross-Border Policing Act/Loi sur les services de police interterritoriaux, 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. Hawranik, adjourned.

______________________________

 


 

Hon. Mr. Mackintosh moved:

 

THAT Bill (No. 11) – The Manitoba Public Insurance Corporation Amendment Act (Protection of Crown Assets)/Loi modifiant la Loi sur la Société d'assurance publique du Manitoba (protection des biens de l'État), 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. Hawranik, adjourned.

______________________________

 

Hon. Mr. Mackintosh presented:

 

Message from His Honour, the Lieutenant Governor recommending the disposition of public revenue for Bill (No. 11).

(Sessional Paper No. 18)

______________________________

 

Hon. Mr. Lemieux moved:

 

THAT Bill (No. 12) – The Highways and Transportation Amendment and Highway Traffic Amendment Act (Trucking Productivity Improvement Fund)/Loi modifiant la Loi sur la voirie et le transport et le Code de la route (Fonds d'amélioration de la productivité de l'industrie du transport routier), be now read a Second Time and be referred to a Committee of this House.

 

And a debate arising,

 

And Hon. Mr. Lemieux and Messrs. Maguire, Hawranik and Faurschou having spoken,

 

And Mr. Cummings speaking at 5:30 p.m.  The debate was allowed to remain in his name.

______________________________

 

Hon. Mr. Lemieux presented:

 

Message from His Honour, the Lieutenant Governor recommending the disposition of public revenue for Bill (No. 12).

(Sessional Paper No. 19)

______________________________

 

The House then adjourned at 5:30 p.m. until 1:30 p.m. Tuesday, March 2, 2004.

 

 

Hon. George Hickes,

Speaker.