ORDERS OF THE DAY
SECOND READINGS
Bill 14--The Mines and Minerals Amendment Act
Hon. Darren Praznik (Minister of Energy and Mines): Madam Speaker, I move, seconded by the honourable Deputy Premier (Mr. Downey), that Bill 14, The Mines and Minerals Amendment Act; Loi modifiant la Loi sur les mines et les minéraux, be now read a second time and be referred to a committee of this House.
Motion presented.
Mr. Praznik: Madam Speaker, I am pleased today to move for second reading The Mines and Minerals Amendment Act, which is intended to update The Mines and Minerals Act, which was proclaimed on April 1, 1992, some three years ago.
The 1992 Mines and Minerals Act was a major rewrite of the former mines act, which was a 70-year-old act that had become both outdated and cumbersome over the past seven decades, primarily due to the many technical and socioeconomic changes that the mining industry and society at large have undergone during this time.
Madam Speaker, I must at this time pay tribute to the work of my colleagues, the honourable minister of industry, trade and technology, who was Minister of Energy and Mines at the time of the passage of the 1992 Mines and Minerals Act, and also to the Honourable Don Orchard, my predecessor, who worked on many of the amendments that I am bringing forward today.
The Mines and Minerals Act embodies many significant features, not only designed to better serve Manitobans but also to afford a higher level of protection to the environment of our day.
As a prime example, this legislation introduced and enshrined the concept of sustainable development within its framework. This is the first mining legislation in North America to do so, a fact in which we can all take a measure of pride.
Since The Mines and Minerals Act was proclaimed in 1992, a number of shortcomings have been identified, many of them of a minor housekeeping nature. It is not unusual when one redrafts a very significant piece of legislation that has been on our books for some 70 years that in the course of doing that significant rewrite of the act a number of errors or shortcomings will be found in the legislation.
In total, Madam Speaker, some 77 housekeeping amendments are proposed in this current amendment legislation, as well as a further eight more substantive amendments. Covering some 48 sections of the act, the amendments are designed to address these efficiencies by providing some clarity, reducing the opportunity for misinterpretation, providing consistency and simplifying the processes in the act in general.
As an example of the housekeeping amendments, I offer Section 84(2), as an example, wherein the phrase work is "done," the work "done" is proposed to be replaced with the word "performed." It is far better usage of terminology.
For obvious reasons I do not intend to address the other 76 housekeeping amendments in my remarks today. The more substantive amendments, however, eight in number, do need a measure of explanation and a brief summary commenting on the reasons behind them.
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Madam Speaker, I would like to go through them at this particular time.
Firstly, Section 4, which provides the authority to issue mineral dispositions, was not proclaimed at the time of the proclamation of the act. Since it was perceived to conflict with The Crown Lands Act, it has now been modified to deal with this particular issue.
Subsection 7(4) is amended to establish December 15 as the date for publication of the departmental annual report. This brings the publication date in line with other departments of government, again an issue of consistency across governmental operations.
Subsection 11(4) is being amended under advice from the ministry of Justice to permit the laying of charges in the case of noncompliance with the act. The present wording as it was discovered does not allow for this, obviously an issue that I am sure all members agree must be addressed.
Section 21 as well, which dealt with conflict of interest, is being deleted in its current form so as to allow the general conflict-of-interest rules of government to apply as opposed to having a special section in this particular legislation, again, consistency of rules across government.
Subsection 127(2) is new and states that a person staking claims on top of a former mineral lease does not assume any liability for rehabilitation of the former lease area if the lease was surrendered or cancelled prior to April 1, 1992.
Subsection 161(d) has been inserted to enable the granting of quarry mineral dispositions on ground already staked as a claim for metallic minerals and vice versa. This was possible under the former mines act and, due to an oversight or omission, was not carried through in the new act.
As members opposite can certainly appreciate, staking a mineral claim or a metallic minerals claim on a piece of property should in no way jeopardize the ability to remove the granting of a quarry mineral disposition on that same piece of property.
Subsection 200(4) has been amended--
Madam Speaker: Order, please. I have been listening very intently, and I would remind the honourable minister that he should not be referring to specific subsections or clauses of the bill but, indeed, should be speaking to the principles of the bill within the sections contained in the bill.
Mr. Praznik: I intend to be very brief and to the point in my remarks and, if members opposite would grant me the indulgence, since the purpose and intent of this act is to better clarify the working operations of the bill, I have only two further references to refer to. I am sure my critic appreciates the opportunity to zero in on the principles here, and I will be very brief and I would ask for the indulgence of the House.
My reference was to Section 200(4), again keeping within the principle of ensuring that The Mines Act is an easily administrative piece of legislation. This new provision, this amendment, is to provide the minister with the authority to authorize expenditures from the Quarry Rehabilitation Reserve Account, rather than do so by Order-in-Council which obviously takes more time and is more costly to government administration generally.
Madam Speaker, again, the principle of this bill being one to ensure the administrative efficiency of the general Mines and Minerals Act. The final point I make in respect to the principle is that subsection 243(5) is new and ensures that instruments such as builders' liens or covenants that recorded against levies, leases under the former mines act will be considered recorded under The Mines and Minerals Act. Again, in keeping with the principle of good operation of legislation, this is proposed.
Madam Speaker, I also make the offer to my critic today in the House that I know we will be proceeding with second reading in the fall sitting of the Legislature and that we hope to provide to my critic the member for St. James (Ms. Mihychuk) a copy of the broad sheet, in essence, of all the amendments to this act, all of the housekeeping amendments with the appropriate explanations. We make our staff available so that she can become conversant with these changes. I trust when it does go to committee, we can have whatever discussions are necessary.
Again, Madam Speaker, the purpose of this legislation is to basically bring the new Mines Act, which was brought forward in 1992 by my predecessor, to a point where it is somewhat more administratively able to perform the functions it was intended, and the experience of the last couple of years in operation with this act have pointed a number of these deficiencies which one could obviously expect in any major rewrite. I would hope that we will be able to give passage to this legislation in the fall session.
Thank you, Madam Speaker.
Mr. Daryl Reid (Transcona): I move, seconded by the member for Thompson (Mr. Ashton), that debate be adjourned.
Motion agreed to.
Bill 24--The Tobacco Tax Amendment Act
Hon. Eric Stefanson (Minister of Finance): Madam Speaker, I move, seconded by the Minister of Justice, that Bill 24, The Tobacco Tax Amendment Act (Loi modifiant la Loi de la taxe sur le tabac), be now read a second time and be referred to a committee of this House.
Motion presented.
Mr. Stefanson: Madam Speaker, Bill 24 provides the legislative authority to effectively enforce the collection of Manitoba's tobacco tax through the full implementation of a marking and stamping system for cigarettes and fine-cut tobacco.
As members are aware, Manitoba's tobacco tax collection program is being impacted by the potential availability of tax-reduced or untaxed tobacco products from Ontario and other eastern provinces. Our government has on many occasions expressed concern about the probable consequences of unrestricted access to those tobacco products on the tax revenues of Manitoba and on the long-term health of our citizens, particularly our young Manitobans.
Earlier this year, Manitoba passed regulations implementing a marking system for cigarettes and fine-cut tobacco. The system requires manufacturers to mark the packaging of their products which are to be offered for sale in Manitoba with a gray tear-strip bearing the words "Canada Duty Paid - Manitoba." The purpose of this marking system is to ensure that the tax due to Manitoba on the tobacco is properly accounted for.
Every other Canadian province has found it necessary to introduce such a system for the enforcement of its tobacco tax legislation. When fully implemented, the system will permit the identification of tobacco products brought into the province on which the provincial tax has been collected. Regulations made under the existing act have allowed Manitoba to impose the marking requirements on manufacturers, wholesalers and licensed retailers.
Further legislative change is required before the marking system can be fully utilized as an enforcement tool to combat tax evasion by unlicensed operators dealing in the underground economy. Bill 24 provides that legislative change. Madam Speaker, Bill 24 will provide persons who bring into Manitoba cigarettes or fine-cut tobacco marked for sale in other provinces with a process to report, pay and remit the tax and have the tobacco product stamped for consumption in our province.
For the convenience of Manitobans, the process is streamlined. It utilizes readily accessible government facilities where tobacco products can be stamped and the tax can be paid. There will be no tax payment or stamping requirement for persons bringing one carton of cigarettes or up to 400 grams of fine-cut tobacco into the province.
Madam Speaker, the bill represents a substantial improvement to Manitoba's tobacco tax collection and enforcement process, and I recommend it to all members and to all Manitobans.
Mr. Daryl Reid (Transcona): I move, seconded by the member for Brandon East (Mr. Leonard Evans), that debate be adjourned.
Motion agreed to.
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Hon. Jim Ernst (Government House Leader): Madam Speaker, I move, seconded by the Minister of Finance (Mr. Stefanson), that Madam Speaker do now leave the Chair and the House resolve itself into a committee to consider of the Supply to be granted to Her Majesty.
Madam Speaker, before you call the question on that, I do have some further changes with respect to the Estimates sequence.
Madam Speaker: Does the honourable government House leader have leave to propose additional changes to the sequence of Estimates? Leave?
Some Honourable Members: Leave.
Madam Speaker: Leave has been granted.
Mr. Ernst: Thank you, Madam Speaker.
Following the Department of Labour in the House, we will have the Estimates of the Legislative Assembly, the Civil Service Commission, the Sustainable Development Innovations Fund, the Child and Youth Secretariat, Aboriginal Justice Initiatives, Decentralization. Those are the changes for the House.
In Room 255, following Housing, we will have the Home Renovation Program - Capital.
Madam Speaker, those will be the changes to be made. I understand, for instance, under the Department of Justice, they will deal with the Aboriginal Justice Inquiry in conjunction with that in any event, so we will simply move it up in the Estimates process at the appropriate time or wait until it comes up in terms of approval of the final resolution.
All that being said, Madam Speaker, I had discussions with the Clerk, and he will prepare a new list so that everybody, hopefully, will understand where they are with respect to the Estimates sequence. I apologize for the confusion.
Madam Speaker: It has been moved by the honourable government House leader, seconded by the honourable Minister of Finance (Mr. Stefanson), that Madam Speaker do now leave the Chair and the House resolve itself into a committee to consider of the Supply to be granted to Her Majesty.
Motion agreed to, and the House resolved itself into a committee to consider of the Supply to be granted to Her Majesty, with the honourable member for La Verendrye (Mr. Sveinson) in the Chair for the Department of Highways and Transportation; the honourable member for Sturgeon Creek (Mr. McAlpine) in the Chair for the Department of Natural Resources; and the honourable member for St. Norbert (Mr. Laurendeau) in the Chair for the Department of Justice.