VOL. XLVII No. 68B - 1:30 p.m., THURSDAY, JUNE 26, 1997

Thursday, June 26, 1997

LEGISLATIVE ASSEMBLY OF MANITOBA

Thursday, June 26, 1997

The House met at 1:30 p.m.

ROUTINE PROCEEDINGS

PRESENTING PETITIONS

CRTC Presentation

Mr. Stan Struthers (Dauphin): Mr. Deputy Speaker, I beg to present the petition of Rosemary Friesen, Mario DaRosa, John Ochitwe and others praying that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) and the minister of telecommunications make presentations before the CRTC opposing such hikes in local rates.

READING AND RECEIVING PETITIONS

Obstetrics Closure--Grace General Hospital

Mr. Deputy Speaker: I have reviewed the petition of the honourable member for St. James (Ms. Mihychuk), and 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.

Mr. Deputy 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 obstetrics program has always been an important part of the Grace Hospital's mandate; and

THAT both people in the community and a number of government studies have recommended against the further closure of community hospitals' obstetrics programs; and

THAT as a result of federal and provincial cuts in the health budget, hospitals are being forced to eliminate programs in order to balance their own budgets; and

THAT the closure of the Grace Hospital obstetrics ward will mean laying off 54 health care professionals, many of whom have years of experience and dedicated service in obstetrics; and

THAT moving to a model where more and more births are centred in the tertiary care hospitals will be more costly and decreases the choices for women about where they can give birth.

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba request that the Minister of Health (Mr. Praznik) consider stopping the closure of the obstetrics program at Winnipeg's Grace Hospital.

CRTC Presentation

Mr. Deputy Speaker: I have reviewed the petition of the honourable member for Dauphin (Mr. Struthers), and it complies with the rules and practices of the House. Is it the will of the House to have the petition read?

Yes. The Clerk will read.

Mr. Clerk: The petition of the undersigned citizens of the province of Manitoba humbly sheweth:

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

THAT contrary to promises made in 1996 by the provincial government, the majority of shares of the privatized MTS are controlled outside the province of Manitoba; and

THAT on June 16, 1997, MTS requested from the CRTC a $5 increase per month for 1998, one of the highest increases in the country; and

THAT this follows previous increases ordered by the provincial government in 1995, 1996 and 1997; and

THAT these increases mean that for some communities in the Parklands will have almost doubled since 1995, with Dauphin alone having an increase of 87 percent when the rate for Yorkton, Saskatchewan, under the publicly owned Saskatchewan Telephone System is $5 per month less; and

THAT MTS is requesting a rate of return of 13 percent per year from CRTC and to do this wants to raise local rates further above the rate cap in the 1998 going-in rates; and

THAT, contrary to promises made by the provincial government, MTS under private ownership is moving rapidly to raise local rates in rural and northern Manitoba.

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba request that the Premier (Mr. Filmon) and the minister of telecommunications make presentations before the CRTC opposing such hikes in local rates.

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Economic Development

Fifth Report

Mr. Mervin Tweed (Chairperson of the Standing Committee on Economic Development): Mr. Deputy Speaker, I wonder if I might have leave to present the Fifth Report of the Standing Committee on Economic Development.

Mr. Deputy Speaker: Does the honourable member have leave? [agreed]

Mr. Tweed: I wish to present the Fifth Report of the Committee on Economic Development.

An Honourable Member: Dispense.

Mr. Deputy Speaker: Dispense.

Your Standing Committee on Economic Development presents the following as its Fifth Report.

Your committee met on Monday, June 23, 1997, at 7 p.m., Tuesday, June 24, 1997, at 10 a.m., Tuesday, June 24, 1997, at 3 p.m. and Wednesday, June 25, 1997, at 3 p.m. in Room 254 of the Legislative Assembly to consider bills referred.

At the meeting on June 25, 1997, your committee elected Mr. McAlpine as its Vice-Chairperson.

Your committee heard representation on bills as follows:

Bill 41--The Regional Health Authorities Amendment and Consequential Amendments Act; Loi modifiant la Loi concernant les offices régionaux de la santé et modifications corrélatives

Shirley Timm-Rudolph - City of Winnipeg

Ernest Wehrle - Manitoba Interfaith Health Association

Bill 50--The Freedom of Information and Protection of Privacy and Consequential Amendments Act; Loi sur l'accès à l'information et la protection de la vie privée et modifications corrélatives

Jan Bailey and Mary Scott - The Counsel of Women of Winnipeg

Rudy Comeault - Carpathia and Westboine Park Housing Co-op

Peter Sim - The Manitoba Association for Rights and Liberties

Paul Nielson - Manitoba Library Association

Virginia Menzie - Ombudsman, The City of Winnipeg

Fred Vallance-Jones - Canadian Association of Journalists

Ian MacIntyre - Manitoba Teachers' Society

Brian Kelcey - Manitoba Taxpayers Association

Written Submission:

Robert Andrew Drummond - Private Citizen

Bill 51--The Personal Health Information Act; Loi sur les renseignements médicaux personnels

Marilyn Goodyear Whiteley - President, Manitoba Association of Registered Nurses

Peter Sim - Manitoba Association for Rights and Liberties

Dr. Brian Ritchie - Manitoba Medical Association

Margaret Soper - Consumers Association of Canada (Manitoba Branch)

Bill Martin - Canadian Mental Health Association

Dr. Ken Brown - Registrar, College of Physicians and Surgeons

Maureen Hancharyk - Manitoba Nurses Union

Your committee has considered:

Bill 41--The Regional Health Authorities Amendment and Consequential Amendments Act; Loi modifiant la Loi concernant les offices régionaux de la santé et modifications corrélatives

and has agreed, on division, to report the same with the following amendments:

Your committee voted to defeat Clauses 7 and 11(3) of the bill.

MOTION:

THAT the proposed subsection 28(2), as set out in subsection 8(2) of the Bill, be amended by striking out ", encumber or" and substituting "or otherwise".

MOTION:

THAT the proposed clause 46(3)(a), as set out in section 9 of the Bill, be amended by striking out "section 35" and substituting "section 35.1".

MOTION:

THAT subsection 56.1(5), as set out in section 13 of the Bill, be struck out.

MOTION:

THAT subsection 19(6) of the Bill be struck out and the following substituted:

19(6) Clause 70(1)(b) is amended by adding "which has the responsibility to provide the hospital services, personal care services or other health services that were last provided by the hospital, personal care home or other health facility" after "that health region".

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 has also considered:

Bill 50--The Freedom of Information and Protection of Privacy and Consequential Amendments Act; Loi sur l'accès à l'information et la protection de la vie privée et modifications corrélatives

and has agreed, on division, to report the same with the following amendments:

MOTION:

THAT clause 10(1)(b) of the Bill be amended by striking out "the head is of the opinion that".

MOTION:

THAT subsection 13(1) of the Bill be struck out and the following substituted:

Repetitive or incomprehensible request

13(1) A head of a public body may refuse to give access to a record or a part of a record if the request is repetitive or incomprehensible or is for information already provided to the applicant or that is publicly available.

MOTION:

THAT clauses 19(1)(d) and (e) be amended by adding "directly" after "relating".

MOTION:

THAT subsection 23(1) be amended

(a) by adding "or" at the end of clause (e);

(b) by striking out clause (f); and

(c) by relettering clause (g) as clause (f).

MOTION:

THAT clause 23(2)(d) be amended by striking out everything after "conducted by or for the public body".

MOTION:

THAT subsection 28(2) be amended by striking out clauses (a) and (b) and substituting "for the purpose of developing methods of testing or for the purpose of testing products for possible purchase".

MOTION:

THAT subsection 70(2) of the Bill be amended by adding "give or" before "refuse to give".

MOTION:

THAT subsection 85(1) be amended by striking out "$20,000." in that part of the subsection following clause (d) and substituting "$50,000."

Your committee has also considered:

Bill 51--The Personal Health Information Act; Loi sur les renseignements médicaux personnels

and has agreed, on division, to report the same with the following amendments:

MOTION:

THAT clause 21(d) of the Bill be amended by adding "by the trustee" after "payment for health care" in subclause (i) and (ii).

MOTION:

THAT subsection 23(1) be amended by striking out everything after "if" and substituting the following:

(a) the disclosure is about health care currently being provided;

(b) the disclosure is made in accordance with good medical or other professional practice; and

(c) the trustee reasonably believes the disclosure to be acceptable to the individual or his or her representative.

MOTION:

THAT clause 63(3)(a) of the Bill be amended by striking out "or discloses" and substituting ", sells or discloses".

MOTION:

THAT subsections 64(1) and (2) be amended by striking out "$20,000." and substituting "$50,000."

Your committee has also considered:

Bill 61--The Sustainable Development and Consequential Amendments Act; Loi sur le développement durable et modifications corrélatives

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

MOTION:

THAT clause 14(c) be struck out and the following substituted:

(c) establish procurement goals in support of the established provincial goals, and prepare an action plan to meet its established goals;

Mr. Tweed: I move, seconded by the honourable member for Gimli (Mr. Helwer), that the report of the committee be received.

Motion agreed to.

* (1335)

Standing Committee on Law Amendments

Seventh Report

Mr. Jack Penner (Chairperson of the Standing Committee on Law Amendments): I wonder, Mr. Deputy Speaker, whether I would have leave to present the Seventh Report of the Standing Committee on Law Amendments.

Mr. Deputy Speaker: Does the honourable member have leave? [agreed]

Mr. Penner: I would like to present then the Seventh Report of the Standing Committee on Law Amendments.

An Honourable Member: Dispense.

Mr. Deputy Speaker: Dispense.

Your Standing Committee on Law Amendments presents the following as its Seventh Report.

Your committee met on Tuesday, June 24, 1997, at 10 a.m. and Wednesday, June 25, 1997, at 3 p.m. in Room 255 of the Legislative Building to consider bills referred.

Your committee heard representation on bills as follows:

Bill 38--The Highway Traffic Amendment Act (2); Loi no 2 modifiant le Code de la route

Dianna Bussey - The Salvation Army Correctional and Justice Services

Bill 52--The Statute Law Amendment Act, 1997; Loi de 1997 modifiant diverses dispositions législatives

Dave Lindsay - Private Citizen

Bill 56--The Family Maintenance Amendment Act; Loi modifiant la Loi sur l'obligation alimentaire

Rosella Dyck - Coalition of Custodial Parents

Bill 58--The Law Reform Commission Amendment Act; Loi modifiant la Loi sur la Commission de réforme du droit

Major W. Loveless - Golden West Centennial Lodge

Susan Riley - Manitoba Association of Women and the Law Inc.

Pat Ritchie - Chair of the Ethics Committee, Grace General Hospital

Doug Finkbeiner - Law Society of Manitoba

Cliff Edwards - Law Reform Commission

Garth Smorang - Manitoba Bar Association

Valerie Price - Manitoba Association for Rights and Liberties

Your committee has considered:

Bill 38--The Highway Traffic Amendment Act (2); Loi no 2 modifiant le Code de la route

Bill 42--The Provincial Court Amendment and Consequential Amendments Act; Loi modifiant la Loi sur la Cour provinciale et modifications corrélatives

Bill 43--The Law Society Amendment Act; Loi modifiant la Loi sur la Société du Barreau

Bill 45--The Manitoba Evidence Amendment Act; Loi modifiant la Loi sur la preuve au Manitoba

Bill 56--The Family Maintenance Amendment Act; Loi modifiant la Loi sur l'obligation alimentaire

and has agreed to report the same, without amendment.

Your committee has also considered:

Bill 46--The Criminal Injuries Compensation Amendment Act; Loi modifiant la Loi sur l'indemnisation des victimes d'actes criminels

and has agreed, on a counted vote of 5 Ayes, 3 Nays to report the same, without amendment.

Your committee has also considered:

Bill 60--The Elderly and Infirm Persons' Housing Amendment Act; Loi modifiant la Loi sur le logement des infirmes et des personnes âgées

and has agreed, on division, to report the same, without amendment.

Your committee has also considered:

Bill 52--The Statute Law Amendment Act, 1997; Loi de 1997 modifiant diverses dispositions législatives

and has agreed, on division, to report the same, with the following amendments:

Your committee voted to defeat Clause 22 of the bill.

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 has also considered:

Bill 58--The Law Reform Commission Amendment Act; Loi modifiant la Loi sur la Commission de réforme du droit

and has agreed on a counted vote of 6 Ayes and 4 Nays to report the same with the following amendment:

MOTION:

THAT section 3 of the Bill be struck out and the following substituted:

3 Subsection 5(3) is repealed.

Mr. Penner: I move, seconded by the honourable member for Steinbach (Mr. Driedger), that the report of the committee be now received.

Motion agreed to.