Mr. Doug Martindale (Burrows): Madam Speaker, I beg to present the petition of Mark Smith, Doug Lambier, Glen Nicholls and others requesting that the Legislative Assembly urge the Minister of Family Services (Mrs. Mitchelson) to consider withdrawing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care, that this annual income increases as prices increase and that this new legislation also provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families.

Madam Speaker: I have reviewed the petition of the honourable member for Swan River (Ms. Wowchuk). It complies with the rules and practices of the House. Is it the will of the House to have the petition read?

An Honourable Member: Yes.

Madam Speaker: Yes. The Clerk will read.

Mr. Clerk (William Remnant): The petition of the undersigned citizens of the province of Manitoba humbly sheweth:

THAT the Manitoba Telephone System has served the province well for over 80 years providing province-wide service, some of the lowest local rates in North America and thousands of jobs and keeping profits in Manitoba; and

THAT MTS contributes $450 million annually to the Manitoba economy and is a major sponsor of community events throughout the province; and

THAT MTS, with nearly 4,000 employees including more than 1,000 in rural and northern Manitoba, is one of Manitoba's largest firms, headquartered in Manitoba and is committed to Manitoba; and

THAT the provincial government has no mandate to sell MTS and said before and during the 1995 election that MTS was not for sale.

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

* (1335)

Madam Speaker: I have reviewed the petition of the honourable member for Burrows (Mr. Martindale). It complies with the rules and practices of the House. Is it the will of the House to have the petition read?

An Honourable Member: No.

Madam Speaker: Dispense.

THAT in 1976 Canada signed the United Nations Covenant on Economic, Social and Cultural Rights which recognized the right of everyone to make a living by work which is freely chosen, recognized the right of everyone to an adequate standard of living, including adequate food, clothing and housing, recognized the right of everyone to enjoy a high standard of physical and mental health, and provided for the widest possible protection and assistance to the family; and

THAT poor children and adults in Canada continue to die at a higher rate and earlier age than people with adequate incomes; and

THAT Bill 36, The Social Allowances Amendment Act, will create even greater poverty among the poor in Manitoba by eliminating government responsibility to ensure that everyone who lacks adequate food, clothing, housing and health care has these needs met; and

THAT the bill proposes to punish people by cutting them off from social assistance or reducing their benefits if they fail to meet employment expectations; and

WHEREFORE YOUR PETITIONERS HUMBLY PRAY that the Legislative Assembly of Manitoba urge the Minister of Family Services to consider withdrawing Bill 36 and replacing it with improved legislation which provides for a guaranteed annual income that allows people to have adequate food, clothing, housing, child care and health care and that this annual income increases as prices increase and that this new legislation also provides for the creation of real jobs with the goal of creating full employment so that individuals on social assistance can find safe, meaningful work of their own choosing that allows them to meet their needs and the needs of their families.

Madam Speaker: I have reviewed the petition of the honourable member for Elmwood (Mr. Maloway). It complies with the rules and practices of the House. Is it the will of the House to have the petition read?

An Honourable Member: Dispense.

Madam Speaker: Dispense.

THAT the Manitoba Telephone System has served this province well for over 80 years providing province-wide service, some of the lowest local rates in North America and thousands of jobs and keeping profits in Manitoba; and

THAT MTS contributes $450 million annually to the Manitoba economy and is a major sponsor of community events throughout the province; and

THAT MTS, with nearly 4,000 employees including more than 1,000 in rural and northern Manitoba, is one of Manitoba's largest firms, headquartered in Manitoba and is committed to Manitoba; and

THAT the provincial government has no mandate to sell MTS and said before and during the 1995 election that MTS was not for sale.

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

An Honourable Member: Dispense.

Madam Speaker: Dispense.

Praying for the passing of an act to amend the incorporating act to, inter alia, remove restrictions on the monetary value of real estate owned by the corporation and to remove borrowing restrictions on loans incurred by the corporation.

Madam Speaker: Dispense.

Your Standing Committee on Municipal Affairs presents the following as its Third Report.

Your committee met on Tuesday, October 22, 1996, at 7 p.m. in Room 255 of the Legislative Building to consider bills referred.

At that meeting, your committee elected Mr. Laurendeau as its Chairperson and Mr. Helwer as its Vice-Chairperson.

Your committee considered:

Bill 36--The Social Allowances Amendment and Consequential Amendments Act; Loi modifiant la Loi sur l'aide sociale et apportant des modifications corrélatives

which had previously been considered by the Standing Committee on Law Amendments on Thursday, October 10, 1996, at 7 p.m. and on Friday, October 11, 1996, at 9 a.m. in Room 255 of the Legislative Building.

At the October 10, 1996, meeting of the Standing Committee on Law Amendments, the Law Amendments committee elected Mr. Tweed as its Vice-Chairperson.

Also at the October 10, 1996, meeting of the Standing Committee on Law Amendments, the Law Amendments committee agreed, by motion, on a counted vote of 6 Yeas, 4 Nays, to establish a time limit for presentations and for questions and answers, of 15 minutes per presentation, for presentations to Bill 36.

The Standing Committee on Law Amendments heard representation on October 10 and October 11, 1996, as follows:

Bill 36--The Social Allowances Amendment and Consequential Amendments Act; Loi modifiant la Loi sur l'aide sociale et apportant des modifications corrélatives

Theresa Ducharme - People for Equal Participation, Inc. (PEP)

Joan Johannson - Canadian Association for the Non-Employed (CANE)

Donna Ansell - Private Citizen

Sid Frankel & Ellen Kruger - Social Planning Council of Winnipeg & the Faculty of Social Work at the University of Manitoba

Annie Marie Partanen - Private Citizen

Michelle Forrest - Private Citizen

Councillor Glen Murray - Fort Rouge Ward, City of Winnipeg

Jim Finlay - Community Action on Poverty

Pauline Riley - Manitoba Action Committee on the Status of Women

Allan Bleich - Canadian Union of Public Employees, Manitoba (CUPE)

Leslie King & Brent Rosnowski - Director of Social Services and Manager of Intergovernmental Affairs, City of Winnipeg

Paul Moist - CUPE Local 500

Doug Lambier - Private Citizen

Raymond Blue - Private Citizen

William Seymour - CHOICES

Valerie Price - Manitoba Association for Rights and Liberties

Alison Norberg & Gary Loewen - Church and Society Committee, Winnipeg Presbytery, United Church of Canada

Tammy Sutherland & Mary Helen Ross - Inner City Ministries Volunteer Project

Denise Flett & Ray Despatis - West Broadway Community Ministry

Sharon Olson - Private Citizen

Kristine Barr & Catharin Johannson - Manitoba Young New Democrats

Susan Bruce - Private Citizen

Louise Simbandumwe - Private Citizen

Margot LaVoie - Oblate Justice and Peace Committee

Deborah Graham - PETAS

Eric Cote - Private Citizen

Cindy Ellman - Village Clinic

Dr. Mary Pankiw - Manitoba Society of Seniors

Yvonne Naismith & Irene Sale - St. Matthew-Maryland Community Ministry

Linda Churchill - Community Action on Poverty

Bonnie Caldwell - Private Citizen

Glen Nichols - Manitoba Northwestern Ontario Conference of the United Church of Canada

Rhonda Chorney - AIDS Shelter Coalition of Manitoba

Monique Foucart - Private Citizen

Marlene Vieno - Manitoba Network for Mental Health

Charley Housley - Private Citizen

Written Submissions

Lorna Wilson - Private Citizen

Sylvia Bector - Private Citizen

At the October 11, 1996, meeting of the Standing Committee on Law Amendments, the Law Amendments committee adopted the following motion:

THAT this Committee recommends to the Government House Leader that another meeting of the Law Amendments Committee be scheduled for the purpose of clause by clause consideration of Bill 36.

Your committee also considered:

Bill 49--The Regional Health Authorities and Consequential Amendments Act; Loi concernant les offices régionaux de la santé et apportant des modifications corrélatives

which had previously been considered by the Standing Committee on Law Amendments on Tuesday, October 15, 1996, at 7 p.m. and on Wednesday, October 16, 1996, at 7 p.m. in Room 255 of the Legislative Building. Information pertaining to these meetings, including the names of persons who made representations on Bill 49, is contained in the Fourth Report of the Standing Committee on Law Amendments, which was presented in the House on Monday, October 21, 1996.

Your committee also considered:

Bill 54--The Municipal and Various Acts Amendment Act; Loi concernant les municipalités et modifiant diverses dispositions législatives

which had previously been considered by the Standing Committee on Municipal Affairs on Thursday, October 17, 1996, at 7 p.m. in Room 255 of the Legislative Building.

At the October 17, 1996, meeting of the Standing Committee on Municipal Affairs, your committee elected Mr. McAlpine as its Chairperson and Mr. Sveinson as its Vice-Chairperson.

At the October 17, 1996, meeting of the Standing Committee on Municipal Affairs, your committee heard representation on bills as follows:

Bill 54--The Municipal and Various Acts Amendment Act; Loi concernant les municipalités et modifiant diverses dispositions législatives

Sylvester Yakielafhek and Ray Frey - Council of the Local Government District of Park

Rick Borotsik - Mayor, City of Brandon

Garry Wasylowski - Reeve, Local Government District of Armstrong

Rochelle Zimberg - Manitoba Association of Urban Municipalities

John Nicol - President, Union of Manitoba Municipalities

Leonard Gluska - Reeve, LGD of Consol

Larry Johnson - Chairperson of UVD of Cranberry Portage

Clarence Braun - Mayor, Town of Niverville

Mary Hrabarchuk - UVD of Landmark (Unincorporated Village District of Landmark)

Ken Holme - Village of Grunthal

Diane Wright - Secretary-Treasurer, Tache Ratepayers Association

Evelyn Giesbrecht - Private Citizen

Bill Summerlus - CUPE, Manitoba Division

Glen Murray - Councillor, City of Winnipeg & Fort Rouge Ward

David Sutherland - Private Citizen

David Sanders - Colliers Pratt McGarry

Victor Vrsnik - Manitoba Taxpayers' Association

John Angus - Councillor, St. Norbert Ward, City of Winnipeg

Nick Ternette - Private Citizen

Carolyn Garlich & Elizabeth Fleming - Council of Women Committee on Urban and Regional Issues

Written Submissions:

Grant McMillan - President, Manitoba Municipal Administrators Association

Jack Kehler - Town Manager, Town of Steinbach

Your committee on Municipal Affairs has considered:

Bill 36--The Social Allowances Amendment and Consequential Amendments Act; Loi modifiant la Loi sur l'aide sociale et apportant des modifications corrélatives

and has agreed to report the same with the following amendments:

MOTION:

THAT the following be added after section 30 of the Bill:

Consequential repeal

30.1 If during the second session of the 36th Legislature Bill 54 entitled "The Municipal and Various Acts Amendment Act" is assented to, section 279 of that Act is repealed on the proclamation of sections 4, 7, 17 to 27, and 30 of this Act.

MOTION:

THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.

Your committee on Municipal Affairs has also considered:

Bill 49--The Regional Health Authorities and Consequential Amendments Act; Loi concernant les offices régionaux de la santé et apportant des modifications corrélatives

and has agreed to report the same, by a counted vote of 5 Ayes, 3 Nays, with the following amendments;

MOTION:

THAT the following be added after subsection 2(1):

Canada Health Act criteria

2(1.1) This Act shall be administered in a manner that complies with section 7 of the Canada Health Act, which sets out the criteria of comprehensiveness, universality, portability, accessibility and public administration in relation to the operation of the Manitoba Health Services Insurance Plan.

MOTION:

THAT section 5 be amended by renumbering it as subsection 5(1) and that the following be added as subsection 5(2):

Agreements with health corporations

5(2) Without limiting the generality of subsection (1), the minister may enter into agreements with a health corporation, or an organization representing health corporations, respecting the preservation of corporate ownership, autonomy, governance and mission of the health corporation or health corporations.

MOTION:

THAT subsection 62(1) be amended by striking out the definition "commissioner" and substituting the following:

"commission" means the labour relations commission appointed under section 63; ( Commission )

MOTION:

THAT section 63 be struck out and the following substituted:

Appointment of commission

63(1) The Lieutenant Governor in Council may appoint a commission of three persons to inquire into and make recommendations respecting trade union representation and jurisdiction in the health sector in the context of the transition to regional health authorities under this Act.

Chairperson

63(2) The Lieutenant Governor in Council shall appoint one of the commissioners as the chairperson.

Knowledge and experience of commissioners

63(3) As to the appointment of the other two commissioners,

(a) one must be a person who, in the opinion of the Lieutenant Governor in Council, has knowledge and experience related to the management of health services delivery in the province; and

(b) one must be a person who, in the opinion of the Lieutenant Governor in Council, has knowledge and experience related to the representation of employees in the health sector in the province.

Consultation regarding appointment

63(4) For the purpose of making the appointments referred to in subsection (3), the Lieutenant Governor in Council shall consult with

(a) regional health authorities;

(b) trade unions representing workers in the health sector; and

(c) health corporations.

Term of appointment

63(5) The commissioners shall be appointed for a term to be prescribed by the Lieutenant Governor in Council.

Remuneration

63(6) The Lieutenant Governor in Council shall determine the remuneration of the commissioners, which shall be charged to and paid out of the Consolidated Fund.

Expenses

63(7) The commissioners shall be paid such travelling and out of pocket expenses incurred by them in the performance of their duties as may be determined by Lieutenant Governor in Council.

Recommendations

63(8) If the commissioners cannot reach a unanimous agreement with respect to a recommendation under this Part, the recommendation of the chairperson shall be the recommendation of the commission.

MOTION:

THAT section 69 be struck out and the following substituted:

Powers under Part V of The Evidence Act

69 The commissioners have the protection and powers of a commissioner appointed under Part V of The Manitoba Evidence Act, but section 85 of The Manitoba Evidence Act does not apply to the commission, and no notice of appointment, of the purpose and scope of inquiries to be made by the commission, or of the time and place of the holding of any hearing or inquiry by the commission need be published as required under section 86 of The Manitoba Evidence Act.

MOTION:

THAT section 74 be renumbered as subsection 74(1) and the following be added as subsection 74(2):

Judicial review

74(2) Notwithstanding subsection (1), a recommendation, action or decision of the commission may be reviewed by a court of competetent jurisdiction if the commission has committed an error of law or acted beyond or refused to exercise its jurisdiction.

MOTION:

THAT the French version of sections 76 and 77 of the Bill be amended by striking out "Commission des relations" wherever it occurs and substituting "Commission".

MOTION:

THAT subsection 78(1) be amended by striking out ", by regulation,".

MOTION:

THAT the following be added after section 78:

Repeal

78.1 This Part is repealed on April 1, 2002.

MOTION:

THAT Part 6 be amended

(a) by striking out "commissioner" wherever it occurs other than in section 69, and substituting "commission"; and

(b) by making any other necessary grammatical modifications.

MOTION:

THAT subsections 84(4), (5) and (6) of the Bill be struck out and the following substituted:

84(4) Subsections 4(1) to 4(7) are repealed and the following is substituted:

Appointment of medical officers of health and deputy medical officers

4(1) Subject to subsection (2), the minister may appoint medical officers of health and deputy medical officers of health for the province.

Appointment for City of Winnipeg

4(2) The council of The City of Winnipeg shall appoint a medical officer of health as required under section 64 of The City of Winnipeg Act, and may appoint deputy medical officers of health for The City of Winnipeg.

Duties and powers of deputy medical officer of health

4(3) A deputy medical officer of health shall act at the request of the medical officer of health or where the medical officer of health is absent or unable or unwilling to act, and when so acting a deputy medical officer of health has all the powers and authority of a medical officer of health.

Remuneration and dismissal

4(4) A medical officer of health or a deputy medical officer of health

(a) appointed by the minister

(i) shall be paid such remuneration out of the Consolidated Fund as the minister may set, and

(ii) may be dismissed by the minister; and

(b) appointed by the council of The City of Winnipeg

(i) shall be paid such remuneration by The City of Winnipeg as the council may set, and

(ii) may be dismissed by the council.

MOTION:

THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.

Your committee on MUNICIPAL AFFAIRS has also considered:

Bill 54--The Municipal and Various Acts Amendment Act; Loi concernant les municipalités et modifiant diverses dispositions législatives

and has agreed to report the same with the following amendments:

MOTION:

THAT the definition "council committee" in subsection 1(1) be amended by striking out "board or other body established by a council under this Act" and substituting "or other body established by a council under subsection 142(2)".

MOTION:

THAT the definition "population" in subsection 1(1) be struck out.

MOTION:

THAT the following be added after subsection 1(2):

References to population

1(3) A reference in this Act to the population of a municipality or other area means the population of the municipality or area as shown by the most recent census taken and available under the Statistics Act (Canada).

MOTION:

THAT the following be added after section 1:

Indian Reserves excluded

1.1 Despite any Act of the Legislature,

(a) land within an Indian Reserve is not part of the area of any municipality;

(b) persons residing within an Indian Reserve are not residents of any municipality; and

(c) any description of the boundaries of a municipality or the area within a municipality is deemed to provide that land within an Indian Reserve is excluded from the municipality.

MOTION:

THAT subsection 4(2) be struck out and the following substituted:

Application of Division to Winnipeg and to land in Winnipeg

4(2) This Division does not apply to land within the boundaries of The City of Winnipeg, but for the purposes of this Division The City of Winnipeg is deemed to be a municipality in relation to land outside the boundaries of The City of Winnipeg to the following extent:

(a) the council of The City of Winnipeg may initiate a proposal and make application under this Division to annex land outside the boundaries of The City of Winnipeg and annexation regulations may be made in relation to the proposal and application;

(b) The City of Winnipeg is entitled to receive notice of a proposal that affects it and to participate in proceedings arising from the proposal;

(c) regulations annexing land from a municipality to The City of Winnipeg may be made under section 46.

MOTION:

THAT subsection 9(4) be amended by striking out "in the form of" and substituting "accompanied by".

MOTION:

THAT the following be added after section 9:

Sufficiency of petition

9.1(1) A petition is sufficient if it complies with this section.

Information about each petitioner

9.1(2) A petition must include the following:

(a) in printed form, the surname and given name or initials of each petitioner;

(b) each petitioner's signature;

(c) the date on which each petitioner signs the petition;

(d) the address of each petitioner's residence;

(e) in the case of a petition to form a municipality, a statement that each petitioner is eligible to be an elector of the proposed municipality;

(f) in the case of a petition to dissolve a municipality, a statement that each petitioner is an elector of the municipality.

Manner of witnessing signature on a petition

9.1(3) Each signature on the petition must be witnessed by an adult person who must

(a) sign opposite the signature of the petitioner; and

(b) make a statutory declaration that to the best of the witness's knowledge the signature witnessed is that of a person eligible to sign the petition.

Number of petitioners required

9.1(4) A petition must be signed by not less than the 30% of the persons

(a) who would be electors of the municipality proposed to be formed; or

(b) who are electors of the municipality proposed to be dissolved.

Counting the number of petitioners

9.1(5) In determining whether the required number of persons have signed the petition, a person's name is not to be counted if

(a) the information required under subsection (2) about the petitioner is not provided or the information, other than the signature, is not legible and cannot easily be determined by the secretary of The Municipal Board;

(b) the person's signature is not witnessed, or the witness has not made the statutory declaration required under clause (3)(b); or

(c) the person signed the petition more than 90 days before the petition was filed under subsection 9(3) or more than 150 days before the petition was re-filed with The Municipal Board under subsection (10).

Representative of petitioners

9.1(6) The petition must have attached to it a signed statement of the individual named as the representative of the petitioners under clause 10(e) that he or she is so named and and that any inquiry or notice respecting the petition may be directed to the individual at an address that is set out in the statement.

Filing of petition

9.1(7) A petition must be filed with the secretary of The Municipal Board.

Secretary to determine sufficiency of petition

9.1(8) The secretary must determine the sufficiency of the petition not later than 30 days after it is filed.

Process where petition is not sufficient

9.1(9) If in the opinion of the secretary a filed petition is not sufficient, the secretary must within the time set out in subsection (8) give written notice of the manner in which the petition is not sufficient to the representative named in the petition under subsection (6).

Re-filing of petition

9.1(10) The petition may be re-filed, with or without changes, with the secretary within 30 days after notice is given under subsection (9), and subsections (2) to (8) apply to the re-filed petition.

No change in petition after filing or re-filing

9.1(11) No name may be added to or removed from a petition after it is filed under subsection (7) or re-filed under subsection (10), except an addition or removal made after a notice is given under subsection (9) and before the petition is re-filed.

MOTION:

THAT the following be added after subsection 22(4):

Copy of report to be provided on payment of fee

22(5) The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council.

Fee

22(6) The fee must not exceed a comparable fee payable under The Freedom of Information Act.

MOTION:

THAT the following be added after subsection 38(4):

Copy of report to be provided on payment of fee

38(5) The chief administrative officer must provide a copy of the report to a person who pays any fee set for the report by the council.

Fee

38(6) The fee must not exceed a comparable fee payable under The Freedom of Information Act.

MOTION:

THAT subsection 50(2) be amended by striking out "and may operate despite a collective agreement".

MOTION:

THAT the following be added after the heading "LOCAL URBAN DISTRICTS: FORMATION, FUNDAMENTAL CHANGES AND DISSOLUTION" and before section 52:

Interpretation of sufficient petition

51.1 In this Division, a sufficient petition means a sufficient petition within the meaning of Division 3 of Part 5.

Application to the Local Urban District of Ninette

51.2 In the case of the Local Urban District of Ninette, in any provision of this Division relating to the amendment of the regulation forming it or to initiating, or making a regulation for, its dissolution, a reference to

(a) "municipality" is to be read as a reference to the "municipalities of Strathcona and Riverside"; and

(b) "council of a municipality" is to be read as a reference to the "councils of the municipalities of Strathcona and Riverside".

MOTION:

THAT clause 52(a) be amended by adding "or such other density as the minister may in a specific case consider sufficient for the type and level of services to be provided in the local urban district" at the end.

MOTION:

THAT subsection 71(2) be amended by adding "with or" before "without".

MOTION:

THAT clause 79(1)(d) be struck out and the following substituted:

(d) to keep in confidence a matter that is discussed at a meeting closed to the public under subsection 146(3) and that the committee decides to keep confidential until the matter is discussed at a meeting of the council or of a committee conducted in public;

MOTION:

THAT the following be added after section 79:

Member may discuss confidential matter with C.A.O.

79.1 Despite clause 79(1)(d), a member may discuss with the chief administrative officer or a designated officer a matter referred to in that clause before the matter is made public as provided in that clause.

MOTION:

That subsection 80(3) be struck out.

MOTION:

THAT clause 81(3)(a) be amended by adding ", and the references to the first Wednesday in September in subsection 17(5) (list of electors), subsection 19(1) (notice of revision) and section 30 (return of lists to enumerator) of that Act shall be read as a reference to the first Friday in June" after "May".

MOTION:

THAT section 85 be renumbered as subsection 85(1) and the following added as subsection 85(2):

Application to Flin Flon

85(2) Despite clause (1)(c), a person who is a resident of the boundary area defined in The Flin Flon Extension of Boundaries Act, S.M. 1989-90, c. 73, is eligible to be nominated and elected as a member of the council of the City of Flin Flon.

MOTION:

THAT subsection 87(2) be amended

(a) in the part preceding clause (a), by striking out "Subject to subsection (3), an" and substituting "An"; and

(b) in clause (a), by striking out "seek" and substituting "subject to subsection (3), seek".

MOTION:

THAT subsection 87(3) be amended by striking out "Subsection (2)" and substituting "Clause (2)(a)".

MOTION:

THAT subsection 87(4) be struck out and the following substituted:

Leave of absence for municipal election

87(4) An employee who proposes to become a candidate for election as a member of the council of the municipality by which he or she is employed may apply to the chief administrative officer, on or before the last day for the nomination of candidates, for a leave of absence for a period starting on the last day on which nomination papers may be filed and ending not later than 30 days after the day on which the results of the election are officially declared, or for any part of that period, and every such application must be granted.

MOTION:

THAT subsection 87(8) be amended by striking out "or" at the end of clause (a) and substituting "and".

MOTION:

THAT clause 89(1)(a) be amended

(a) by striking out "two consecutive" and substituting "three consecutive";

(b) by striking out "either of the two meetings" and substituting "any of the three meetings"; and

(c) by striking out "second absence" and substituting "third absence".

MOTION:

That the following be added after clause 89(1)(a):

(a.1) is the councillor appointed to the committee of a local urban district under clause 107(1)(a) and is absent for the full duration of three consecutive regular committee meetings unless the absences are with the leave of the committee granted by a resolution of the committee passed at any one of the three meetings, a prior meeting or the next meeting following the third absence;

MOTION:

THAT clause 107(1)(b) be amended by striking out "two" and substituting "not more than three".

MOTION:

THAT the following be added after subsection 107(1):

Status and membership of committee

107(1.1) Despite subsection (1), the committee of the Local Urban District of Ninette is a committee of the councils of the Rural Municipalities of Strathcona and Riverside and consists of

(a) one councillor from each of the Rural Municipalities of Strathcona and Riverside appointed by council; and

(b) not more than three members elected by the electors of the Local Urban District.

MOTION:

THAT subsection 108(2) be amended

(a) by adding the following after clause (c):

(c.1) section 87 (leave of absence);

(b) by adding the following after clause (d):

(d.l) section 89 (disqualification);

MOTION:

THAT the following be added after section 117 and within Division 5:

Regulations about Local Urban District of Ninette

117.l The Lieutenant Governor in Council may in relation to the Local Urban District of Ninette, the Committee of the Local Urban District of Ninette and the Rural Municipalities of Strathcona and Riverside make any regulation that the minister considers necessary to give effect to the intention of this Part.

MOTION:

THAT section 147 be struck out and the following substituted:

Petitions must conform to this Division

147 Where a petition is required under this Act, other than in Part 2, the petition must meet the requirements of this Division before it is presented to the council.

MOTION:

THAT subsection 148(3) be amended

(a) in clause (e), by striking out "subsection 9(4) to form a municipality or "; and

(b) by striking out clause (f) and substituting the following:

(f) in the case of a petition under clause 62(1)(a) (dissolution of a local urban district), a statement that each petitioner is an elector of the local urban district;

MOTION:

THAT clause 148(4)(b) be amended by striking out "subsection 9(4) (formation or dissolution of a municipality),".

MOTION:

THAT subsection 154(1) be amended by striking out "by this or any other Act to hold" and substituting "under this Act to hold".

MOTION:

THAT subsection 154(2) be amended

(a) in the part preceding clause (a), by striking out "entire"; and

(b) in clause (a), by striking out "all or any part of".

MOTION:

THAT subsection 154(3) be struck out.

MOTION:

THAT the following be added after subsection 158(3):

Utilities

158(3.1) The council must ensure that the amount of estimated revenue from a utility is not less than the amount of estimated expenditures in respect of the utility unless, before adopting the operating budget, the council obtains the minister's written approval, which may include any condition the minister considers necessary or advisable, including referring the matter to The Public Utilities Board.

MOTION:

THAT clause 162(2)(b) be struck out and the following substituted:

(b) in the case of a reserve fund that is supplemented with the approval of The Public Utilities Board, the Board approves the proposed expenditure.

MOTION:

THAT the following be added after subsection 163(2):

Expenditure or transfer of revenue exceeding estimate

163(3) A council may authorize expenditures from its operating budget, or transfer amounts from its operating budget to the capital budget, that are not provided for in the operating budget if the total of the expenditures and transfers does not exceed the total of

(a) the amount of revenue from grants and transfers in excess of the amount estimated under 158(2)(b); and

(b) the amount of revenue from sources referred to in clause 158(2)(d) in excess of the amount estimated under that clause.

Expenditure from capital budget

163(4) A council may authorize expenditures from its capital budget that are not provided for in the capital budget if the total of the expenditures does not exceed the amounts transferred from the operating budget under subsection (3).

MOTION:

THAT section 164 be amended by adding "or otherwise insured" after "bonded".

MOTION:

THAT clause 174(1)(c) be struck out and the following substituted:

(c) the loan is authorized by by-law; and

MOTION:

THAT section 176 be deleted.

MOTION:

THAT the following be added after section 229:

Charge re local transportation system under 227(1)(m)

229.l Despite The Public Utilities Board Act, including section 106 (conflict of interest) of that Act, a rate, toll, fare or other charge established by a council in respect of a local transportation system referred to in clause 227(1)(m) is not subject to that Act.

MOTION:

THAT sections 233 to 236 be deleted.

MOTION:

THAT clause 249(1)(b) be amended by striking out "subject to Division 2 (Economic Development),".

MOTION:

THAT subsection 261(1) be amended

(a) in clause (f), by adding ", except the minutes for any part of a committee meeting that was closed under subsection 146(3);" at the end;

(b) in clause (h), by striking out "clause 37(1)(b)" and substituting "clause 37(2)(b)".

MOTION:

THAT subsection 261(2) be struck out and the following substituted:

Council may authorize access to other records

261(2) The chief administrative officer must provide access to any other municipal record in the possession of the municipality if he or she is authorized by the council to provide access to the record.

MOTION:

THAT subsection 269(1) be amended

(a) by striking out the section heading and substituting "Certain urban municipalities"; and

(b) by striking out "Every city and town and every village" and substituting "Every urban municipality".

MOTION:

THAT subsection 269(2) be amended

(a) by striking out the section heading and substituting "Other urban municipalities, and rural municipalities"; and

(b) by striking out "A village" and substituting "An urban municipality".

MOTION:

THAT subsection 270(3) be amended by striking out "holds office during the pleasure of the council and".

MOTION:

THAT section 290 be amended in the part preceding clause (a) by adding ",subject to the Mines and Minerals Act," after "may".

MOTION:

THAT subsection 296(1) be amended by striking out the definition "taxpayer".

MOTION:

THAT section 316 be amended

(a) in subsection (2), by striking out "subsection (1)" and substituting "this section"; and

(b) by adding the following after subsection (3):

Notice where tax to be levied on all taxpayers

316(4) Despite subsection (1) but subject to subsection (3), if all taxpayers in the municipality are potential taxpayers under a local improvement plan or special services proposal, the municipality may give public notice of the plan or proposal instead of mailing a notice to each potential taxpayer.

MOTION:

THAT subsection 318(3) be amended by striking out everything after "the council must" and substituting the following:

(a) give public notice of and hold a public hearing in respect of the plan or proposal before considering a by-law to approve it; and

(b) send notice of the hearing by mail to each potential taxpayer who objected to the plan or proposal.

MOTION:

THAT section 327 be amended

(a) in the definition "admission price", by striking out clause (b) and substituting the following:

(b) the amount paid for

(i) a ride or the use of a thing, or

(ii) participation in an amusement, and

(b) by adding the following definition in alphabetical order:

"amusement" means a contest, dance, entertainment, exhibition, game, performance, program, show, riding device or amusement ride;

(c) in the definition "place of amusement",

(i) by striking out clause (a) and substituting the following:

(a) an amusement is given, held or played or takes place, and

(ii) in clause (b), by striking out "entrance or admission fee" and substituting "admission price".

MOTION:

THAT section 328 be amended

(a) in subsection (1), be striking out "to a place or places of amusement";

(b) in subsection (3),

(i) in the part preceding clause (a), by adding "by by-law" after "may";

(ii) in the French version of clause (b), by striking out "prennent" and substituting "prendre"; and

(iii) by striking out "and" at the end of clause (a), adding "and" at the end of clause (b) and adding the following after clause (b):

(c) authorize inspectors, police constables or auditors to conduct inspections or audits related to compliance with this Division and, for that purpose, to enter places of amusement and any other places where records relating to amusements might be kept.

MOTION:

THAT section 330 be amended by striking out everything after "exempt" and substituting "persons or classes of persons from amusement tax on the admission price for certain amusements or places of amusement or classes of amusements or places of amusement.".

MOTION:

THAT clause 341(1)(c) be struck out and the following substituted:

(c) pay interest on the excess taxes to the taxpayer, from the date they were paid, at an annual rate prescribed by regulation by the minister for each calendar year, or any part thereof, which rate must be prescribed at least once in the year.

MOTION:

THAT clause 378(1)(b) be amended by striking out "six" and substituting "three".

MOTION:

THAT clause 387(a) be amended by adding "service line," after "pipe,".

MOTION:

THAT subsection 394(1) be amended by striking out clauses (a) and (b) and substituting "within three days after the event.".

MOTION:

THAT subsection 416(1) be amended

(a) by striking out clause (d);

(b) in clause (f), by striking out "fines, penalties and costs" and substituting "fines and penalties"; and

(c) by adding the following after clause (j):

(j.1) for the purpose of clause 341(1)(c), prescribing the annual rate of interest to be paid on excess taxes;

MOTION:

THAT the section heading for subsection 419(2) be amended by striking out "meeting" and substituting "hearing".

MOTION:

THAT subsection 425(1) be amended

(a) in the section heading, by striking out "urban municipalities" and substituting "towns"; and

(b) by striking out "Urban Municipality" and substituting "Town".

MOTION:

THAT the following be added after subsection 428(2):

Application of clause 86(d) and subsection 87(7)

428(3) Clause 86(d) (municipal employees who are disqualified) and subsection 87(7) (employee elected as member of council or committee of L.U.D.) do not apply to an employee of a municipality who is a member of the council of the municipality or the committee of a local urban district in the municipality at the time this Act comes into force until the term of office for which the employee was elected expires or the employee ceases to be a member of the council or committee.

MOTION:

THAT the following be added after subsection 431(1):

Continuation of unincorporated urban districts

431(1.1) An unincorporated urban district formed under The Local Government Districts Act is continued under this Act as a local urban district.

MOTION:

THAT subsection 431(2) be amended

(a) in the section heading, by adding "and U.U.D.s" after "U.V.D.s";

(b) in the part preceding clause (a), by adding "or an unincorporated urban district referred to in subsection (1.1)" after "subsection (1)"; and

(c) in clause (a), by adding "or the unincorporated urban district" after "unincorporated village district".

MOTION:

THAT subsection 431(4) be amended

(a) in the section heading, by striking out "unincorporated village district" and substituting "U.V.D.s and U.U.D.s"; and

(b) in the subsection, by adding "or unincorporated urban district" after "unincorporated village district".

MOTION:

THAT the following be added after subsection 431(4):

By-elections before first general election

431(5) Despite anything in this Act, when the office of a member of a committee referred to in subsection (3) (in this subsection referred to as a "member who holds office as if elected") becomes vacant before the first general election following the coming into force of this section, a by-election is not required if

(a) the committee has remaining at least two members who hold office as if elected; and

(b) a majority of the members then on the committee request, not later than 30 days after the vacancy occurs, that council not hold a by-election.

MOTION:

THAT the following be added after section 439 of the Bill:

Tax sales and redemptions

439.1 Where land within a municipality is sold for taxes before the coming into force of this Act, the provisions of the former Municipal Act respecting the rights, powers and obligations of the municipality, the tax purchaser and the person who owned the land before the sale continue to apply in respect of the land until the period for the redemption of the land provided for under that Act has expired.

MOTION:

THAT section 440 be deleted.

MOTION:

THAT section 442 be renumbered as section 421.l.

MOTION:

THAT section 457 be deleted.

MOTION:

THAT the following be added after subsection 458 (1):

458(1.1) The following is added after section 1:

Indian Reserves excluded

1.1 Despite any Act of the Legislature

(a) land within an Indian Reserve is not part of the area of any local government district

(b) persons residing within an Indian Reserve are not residents of any local government district; and

(c) any description of the boundaries of a local government district or the area within a local government district is deemed to provide that land within an Indian Reserve is excluded from the local government district.

MOTION:

THAT the following be added after clause 458(8)(d):

(e) section 18.

MOTION:

THAT the following be added after section 460:

The Municipal Council Conflict of Interest Act

C.C.S.M. c. M255 amended

460.1 Subsection 9(1) of The Municipal Council Conflict of Interest Act is repealed and the following is substituted:

Annual statement of assets and interests

9(1) Not later than the last day in November of each year, and in the case of The City of Winnipeg, not later than the fourth Wednesday in November of each year, every councillor shall file with the clerk of the municipality a statement disclosing assets and interests in accordance with section 10.

MOTION:

THAT Legislative Counsel be authorized to change all section numbers and internal references necessary to carry out the amendments adopted by this committee.

Mr. Laurendeau: Madam Speaker, I move, seconded by the honourable member for Emerson (Mr. Penner), that the report of the committee be received.

Motion agreed to.

Madam Speaker: Prior to Oral Questions, I would like to draw the attention of all honourable members to the public gallery, where we have this afternoon 10 students from the English language centre at the University of Manitoba under the direction of Ms. Lori Downey. This group is located in the constituency of the honourable member for Fort Garry (Mrs. Vodrey).

On behalf of all honourable members, I welcome you this afternoon.

Also seated in the public gallery we have this afternoon 30 students from Collège Jeanne-Sauvé, under the direction of Monsieur Bernard Desautels. This school is located in the constituency of the Speaker.

On behalf of all honourable members, I welcome you this afternoon.