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Votes and Proceedings

Tuesday, April 23, 2002

LEGISLATIVE ASSEMBLY OF MANITOBA

__________________________

VOTES AND PROCEEDINGS No. 18

THIRD SESSION, THIRTY-SEVENTH LEGISLATURE

PRAYERS

1:30 O'CLOCK P.M.

Mr. Speaker presented:

Annual Report of the Office of the Children's Advocate for the fiscal year ending March 31, 2001.

(Sessional Paper No. 102)

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Hon. Ms. Mihychuk presented:

Annual Report of The Co-operative Loans and Loans Guarantee Board for the fiscal year ending March 31, 2001.

(Sessional Paper No. 103)

Annual Report of the Cooperative Promotion Board for the fiscal year ending March 31, 2001.

(Sessional Paper No. 104)

Annual Report of the Economic Innovation and Technology Council for the fiscal year ending March 31, 2001.

(Sessional Paper No. 105)

Annual Report of the Industrial Technology Centre for the fiscal year ending March 31, 2001.

(Sessional Paper No. 106)

Annual Report of the Department of Industry, Trade and Mines for the fiscal year ending March 31, 2001.

(Sessional Paper No. 107)

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Pursuant to Rule 23(1), Mr. Tweed, Ms. Allan, Mrs. Smith (Fort Garry), Mr. Martindale and Mrs. Dacquay made Members’ Statements.

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By leave, Hon. Mr. Mackintosh moved:

1. THAT effective immediately, the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba be amended as follows:

(a) by deleting Sub-rule 75(13) and substituting the following:

Reports of Committee of Supply

75(13) The Chairperson of the Committee of Supply shall report to the House items passed during the consideration of interim, main and capital supply, and shall also report at the conclusion of the estimates process, all resolutions passed and the concurrence motion. The Chairperson shall report matters of privilege referred by the Committee as well as incidents of grave disorder.

(b) by deleting Sub-rule 83(2) and substituting the following:

Committee Membership Substitutions

83(2) Substitutions to the membership of any Standing Committee of the House must be provided in writing to the Clerk's Office by the Whips or Whip's designate of each recognized party.

(c) by adding the following after the new Sub-rule 83(2):

Notice of Substitution Required	83(3) The Whips or Whip's designate of each recognized party must provide the name(s) of the Member(s) resigning from the Standing Committee and the name(s) of the replacement Member(s) 30 minutes prior to the commencement of the meeting.
Filling of Vacancies at Committee Meetings	83(4) If the 30 minute filing requirement for Committee substitutions has passed, the Committee may fill the vacancy by a majority vote of the Committee. The Whip or Whip's designate, following the completion of the Committee meeting must file official notification with the Clerk's Office of substitutions made during such meeting.

(d) by deleting Sub-rule 121(2) and substituting the following:

Bill for Incorporation

121(2) Every Private Bill for an Act of incorporation or an amendment of any such Act shall be in a form approved by the Law Officer.

(e) by deleting Appendices A, A-1, B, C and D and substituting the following:

APPENDIX A

MODEL PETITION

TO THE LEGISLATIVE ASSEMBLY OF MANITOBA:

These are the reasons for this petition: (or: The background to this petition is as follows:)

(Briefly summarize the problem or grievance and any necessary background information)

We petition the Legislative Assembly of Manitoba as follows:

(Set out the action the Legislative Assembly is being asked to take or not take)


Name (Please Print)	Address	Signature

NOTE: A minimum of three signatures is required for the sufficient execution of the petition.

APPENDIX A-1

NOTICE OF A PETITION FOR A PRIVATE BILL

This is notice to the public that _______________________________ (name of the petitioner) will present a petition for a private bill to the Legislative Assembly at this or the next session of the Legislature.

The private bill will do the following: (in the space below, describe the bill, state what it is intended to do and specify any exceptional provisions that the petitioner proposes to include in the bill)

___________________ __________________________________________

Date Signature of the petitioner (or petitioner's lawyer)

__________________________________________

Address of the petitioner (or petitioner's lawyer)

APPENDIX B

NOTICE OF A VACANCY IN THE LEGISLATIVE ASSEMBLY

To the Lieutenant Governor in Council:

In accordance with section 25 of The Legislative Assembly Act, this is notice of a vacancy in the electoral division of _______________________ _____________________________________ (name of electoral division).

The member who is vacating the seat is: ___________________________

The reason for the vacancy is: ________________________________________________________

_________________________________________________________________________________

We ask you to pass an Order-in-Council to fill the vacancy.

The two members of the Legislative Assembly giving this notice are:

____________________________ ____________________________

Signature of member Signature of member

NOTE: Section 25 of The Legislative Assembly Act states:

Notice of vacancy caused in any other way than by resignation

25 Subject to section 71 of The Controverted Elections Act, in any case of a vacancy in the representation of an electoral division created in any other way than by resignation, any two members of the Legislative Assembly may give notice of the vacancy to the Lieutenant Governor in Council and request the passing of an order in council for the filling of the vacancy under The Election Act.

APPENDIX C

RESIGNATION OF A MEMBER OF THE LEGISLATIVE ASSEMBLY

To the Speaker of the Legislative Assembly:

I, _______________________________________________ (name of member) intend to resign my seat in the Legislative Assembly for the electoral division of _______________________________________ (name of electoral division).

________________ ___________________________________

Date Signature of the member

Two witnesses are needed:

____________________________ ___________________________________

Signature of first witness Signature of second witness

NOTE: Section 22 of The Legislative Assembly Act states:

Resignation of member

22 Any member of the Legislative Assembly may resign his seat,

(a) by giving, in his place in the assembly, notice of his intention to resign, in which case, after the notice has been entered by the clerk of the assembly in the journals, the seat of the member thereupon becomes vacant; or

(b) by addressing and causing to be delivered to the Speaker a declaration of his intention to resign, made in writing under his hand before two witnesses, which declaration may be so made and delivered either before or during a session of the Legislature, or in the interval between two sessions, and upon receipt thereof by the Speaker the seat of the member thereupon becomes vacant.

2. THAT the following plain language wording be permanently adopted for use in the House

(a) Motion to resolve into Committee of Supply to read:

THAT the House resolve into Committee of Supply

(b) Motion to resolve into Committee of Ways and Means to read:

THAT the House resolve into Committee of Ways and Means

(c) Motion to resolve into Committee of the Whole to read:

THAT the House resolve into Committee of the Whole

(d) Wording spoken by the Speaker and the Clerk for Royal Assent on Financial Bills:

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

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

(e) Wording spoken by the Speaker and the Clerk for Royal Assent on Non-Financial Bills:

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

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

3. THAT the staff of the Clerk's Office be authorized to produce revised rules incorporating all amendments, additions and deletions.

And the Question being put. It was agreed to.

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By unanimous consent, it was agreed to allow Petitions to be presented in either the old or the new format for the balance of the session, with the understanding that for sessions in the future, the new format will be required.

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

THAT this House approve in general the budgetary policy of the government.

And the debate continuing,

And Mr. Murray having spoken,

Mr. Murray moved an amendment as follows:

THAT the motion be amended by deleting all the words after "House" and substituting the following:

therefore regrets this budget ignores the present and future needs of Manitobans by:

(a) failing to offer Manitobans any vision for an innovative, successful and sustainable future;

(b) failing to provide a long-term personal income tax reduction strategy that addresses the fact that middle-income Manitobans are the highest taxed west of Quebec;

(c) failing to provide a sustainable provincial spending plan;

(d) failing to provide Manitobans with timely disclosure of the $150 million retroactive tax imposed on Manitoba Hydro in order to avoid a deficit in the 2001/02 budget year;

(e) failing to provide an economic development plan to provide sustainable economic growth for Manitoba;

(f) failing to provide any incentive for young people to remain in Manitoba despite recent information showing that Manitoba suffered a net inter-provincial migration loss of 4,549 people in 2001, up 47 percent from the previous year; and

(g) failing to provide adequate supports to Manitoba’s agricultural sector.

As a consequence, the Government has thereby lost the confidence of this House and the people of Manitoba.

WHEREUPON Mr. Speaker ruled the amendment in order.

And the debate continuing on the amendment,

And Hon. Ms. Mihychuk, Messrs. Derkach, Martindale and Cummings and Hon. Ms. Barrett having spoken,

The debate was allowed to remain open.

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The House then adjourned at 6:00 p.m. until 1:30 p.m. Wednesday, April 24, 2002.

Hon. George Hickes,

Speaker.