4th-36th Vol. 70-Presenting Reports by Standing and Special Committees

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Law Amendments

Fifth Report

Mr. Jack Penner (Chairperson of the Standing Committee on Law Amendments): I beg to present the Fifth Report of the Committee on Law Amendments.

Madam Speaker: Dispense.

Your committee met on Friday, June 19, 1998, at 9:30 a.m. in Room 255 of the Legislative Building and Monday, June 22, 1998, at 10 a.m. in Room 255 and Monday, June 22, 1998, at 7:30 p.m. in Room 255 to consider bills referred.

At the Friday, June 19, 1998, meeting at 9:30 a.m, Mr. Tweed was elected as Vice-Chairperson. At the Monday, June 22, 1998, meeting at 7:30 p.m., Mr. Tweed was elected as Vice-Chairperson.

On Monday, June 22, 1998, Bill 47 was transferred from Economic Development to your committee for clause-by-clause consideration.

Your committee heard representation on bills as follows:

Bill 30--The Pharmaceutical Amendment Act; Loi modifiant la Loi sur les pharmacies

Stuart Wilcox, Manitoba Pharmaceutical Association

Bill 31--The Regulated Health Professions Statutes Amendment Act; Loi modifiant diverses lois sur les professions de la santé réglementées

David M. Sanders, Private Citizen

Bill 35--The Mental Health and Consequential Amendments Act; Loi sur la santé mentale et modifications corrélatives

Ken Melnyk, Private Citizen

Carlyn Mackey, Families Advocating Timely and Appropriate Care and Treatment for Serious Mental Disorders

Dorothy Weldon, Private Citizen

Connie Krohn, Private Citizen

Colleen Cawood, Private Citizen

Theresa Wayne, Private Citizen

Maureen Koblun, Private Citizen

Susan Olson, Private Citizen

Patricia McInnis, Private Citizen

Mary Ann Haddad, Private Citizen

Joan Joyce Podolas, Private Citizen

Bruce Waldie, Private Citizen

Bill Martin, on behalf of Joan Thorogood, Private Citizen

Beverley Goodwin, Private Citizen

Louise Smendziuk, Private Citizen

Katherine Davis, Private Citizen

Beverley Hawkins, Private Citizen

Victor M. Dyck, Private Citizen

Yude Henteleff, Q.C., Private Citizen

Horst Peters, Private Citizen

Horst Peters, on behalf of Chris Summerville, Manitoba Schizophrenia Society

Bill Ashdown, Society for Depression and Manic Depression of Manitoba

Uwe Osterwald, Private Citizen

Harry Wolbert, Private Citizen

Ruth McCutcheon, Private Citizen

Gordon Nicholson, Private Citizen

Bill Martin, Canadian Mental Health Association Manitoba Division, Inc.

Rod Lauder, Canadian Mental Health Association - Winnipeg Division

Lucie Pearase, Private Citizen

Murray & Ellen Waldie, Private Citizen

Mark Waldie, Private Citizen

Bill 57--The Regional Health Authorities Amendment Act; Loi modifiant la Loi sur les offices régionaux de la santé

Gervin Greasley, The Arbitration and Mediation Institute of Manitoba

Written submission

Bill 35--The Mental Health and Consequential Amendments Act; Loi sur la santé mentale et modifications corrélatives

Phyllis Wayne, Private Citizen

Darlene Dreilich, Community Coalition on Mental Health

Barbara Gommerman, Private Citizen

Marion Josie Palamar, Private Citizen

Dyla McGregor, Private Citizen

Yvonne Bloomer, Canadian Mental Health Association - Thompson Region

Kris Cummings, Private Citizen

Armand Manaigre, Private Citizen

Mabel Osborne, Private Citizen

Gerald M. Henry, Private Citizen

Bernice Henry, Private Citizen

Lillian Keam, Private Citizen

Angela Blacksmith, Private Citizen

James G. MacInnis, Private Citizen

Walter Labanowich, Private Citizen

Leonard Crait, Private Citizen

Your committee also has considered:

Bill 11--The Treasury Branches Repeal Act; Loi abrogeant la Loi sur les caisses d'épargne

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

Your committee also has considered:

Bill 13--The Prescription Drugs Cost Assistance Amendment Act; Loi modifiant la Loi sur l'aide à l'achat de médicaments sur ordonnance

Bill 30--The Pharmaceutical Amendment Act; Loi modifiant la Loi sur les pharmacies

Bill 31--The Regulated Health Professions Statutes Amendment Act; Loi modifiant diverses lois sur les professions de la santé réglementées

Bill 47--The Brandon University Act; Loi sur l'Université de Brandon

Bill 52--The Health Services Insurance Amendment Act; Loi modifiant la Loi sur l'assurance-maladie

and has agreed to report the same without amendment.

Your committee has also considered:

Bill 20--The Medical Amendment Act; Loi modifiant la Loi médicale

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

MOTION:

THAT the proposed section 63, as set out in section 7 of the Bill, be amended as follows:

(a) by renumbering it as subsection 63(1);

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

(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, or to The Manitoba Veterinary Medical Association established under The Veterinary Medical Act, to the extent the information is required for that body to carry out its mandate under the Act;

(c) by adding the following as subsection 63(2):

Offence

63(2) A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.

Your committee has also considered:

Bill 34--The Public Schools Amendment Act; Loi modifiant la Loi sur les écoles publiques

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

MOTION:

THAT section 7 of the Bill be struck out.

Your committee has also considered:

Bill 35--The Mental Health and Consequential Amendments Act; Loi sur la santé mentale et modifications corrélatives

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

MOTION:

THAT section 27 be amended

(a) in subsection (5), by striking out everything after "the physician shall" and substituting "file with the medical director a statement of his or her opinion, with reasons, that the patient has regained the competence to make treatment decisions.";

(b) by adding the following after subsection (5):

Notice

27(6) On receiving a statement under subsection (5), the medical director shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient and the person authorized to make treatment decisions on the patient's behalf under subsection 28(1) of the cancellation.

(c) by renumbering subsection (6) as subsection (7).; and

MOTION:

THAT subsection 28(7) be struck out and the following substituted:

Reasonable inquiries

28(7) If a physician acting on a treatment decision makes reasonable inquiries within a 72-hour period for persons entitled to make the decision, that physician is not liable for failure to request the decision from the person entitled to make the decision on the patient's behalf.; and

MOTION:

THAT the following is added after subsection 35(5):

No fee

35(6) No fee shall be charged in connection with a request for a correction made under this section.; and

MOTION:

THAT section 43 be amended

(a) by renumbering it as subsection 43(1);

(b) by striking out everything after "the physician shall" and substituting "file with the medical doctor a statement of his or her opinion, with reasons, that the patient has regained the competence to manage his or her property."; and

(c) by adding the following as subsection 43(2):

Notice

43(2) On receiving a statement under subsection (1), the medical doctor shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient, the patient's nearest relative and the Public Trustee of the cancellation.; and

MOTION:

THAT the following be added after subsection 46(3):

Patient to be informed

46(3.1) The patient's attending psychiatrist shall inform the patient of his or her right to have a representative involved in the development of a treatment plan under clause (3)(a).; and

MOTION:

THAT clause 46(4)(d) be struck out and the following substituted:

(d) the treatment or care and supervision described in the leave certificate exist in the community and can and will be provided in the community.; and

MOTION:

THAT subsection 47(1) be amended by striking out everything after "psychiatrist shall" and substituting the following:

(a) review the patient's condition to determine if the criteria set out in clauses 46(4)(a) and (b) continue to be met; or

(b) review the requirements for treatment or care and supervision contained in the leave certificate.; and

MOTION:

THAT subsection 47(2) be amended by adding "in writing" after "notify the patient".; and

MOTION:

THAT the following be added after subsection 47(2):

If requirements need amendment

47(3) If the psychiatrist determines that the requirements of the leave certificate should be amended, he or she shall amend the certificate and notify the patient, in writing, and the persons referred to in subsection 46(7) of the amendment.; and

MOTION:

THAT subsection 115(2) be struck out and the following substituted:

Authority of medical director

115(2) The medical director of a facility has responsibility for the provision and direction of psychiatric services for that facility, and may

(a) admit and detain mentally disordered persons for examination and treatment in the facility;

(b) consult with any medical and other experts that he or she considers advisable concerning patients in the facility;

(c) unless otherwise directed by the director, refuse to admit or detain any person as a voluntary patient;

(d) delegate to any suitably qualified person any of the medical director's powers, duties or functions under this Act.; and

MOTION:

THAT section 125(1)(g) is amended by adding "accuracy," before "retention".

Your committee has also considered:

Bill 53--The Apprenticeship and Trades Qualifications Act; Loi sur l'apprentissage et la qualification professionnelle

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

MOTION:

THAT section 9 be amended by adding ", or for a trade or group of related trades that the board proposes to designate," after "group of designated trades".; and

MOTION:

THAT section 16 be struck out and the following substituted:

Apprenticeship agreements

16 A person who wishes to obtain a certificate of qualification in a designated trade, and an employer who undertakes to employ the person as an apprentice to learn the trade, shall enter into an apprenticeship agreement.; and

MOTION:

THAT subsection 17(1) be amended by striking out "may" and substituting "shall, in accordance with the regulations,"; and

MOTION:

THAT clause 19(2)(c) be amended by adding "and is in compliance with the regulations" after "the trade".; and

MOTION:

THAT section 24 be amended

(a) in clause (e), by striking out "or renewed";

(b) by striking out clause (f);

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

(h.1) for the purpose of a compulsory certification trade,

(i) respecting the terms and conditions under which persons are authorized to practise in the trade, including, but not limited to, minimum hours of work in the trade and upgrading requirements,

(ii) governing periods of time for which authorizations to practise are valid, and

(iii) governing the circumstances under which the director may suspend or cancel the right to practise in the trade;.

Your committee has also considered:

Bill 57--The Regional Health Authorities Amendment Act; Loi modifiant la Loi sur les offices régionaux de la santé

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

MOTION:

THAT section 2 of the Bill be amended by adding the following after the proposed subsection 44.4(2):

Limitation

44.4(3) A resolution of the minister relating to health services to be provided by or through a health corporation that is owned or operated by a religious organization must not be inconsistent with the fundamental religious principles of the religion or faith to which that health corporation adheres.

Mr. Penner: I move, Madam Speaker, seconded by the honourable member for La Verendrye (Mr. Sveinson), that the report of the committee be now received.

Motion agreed to.

Standing Committee on Law Amendments

Sixth Report

Mr. Penner: I would ask for leave that I might present the Sixth Report as well?

Madam Speaker: Does the honourable member for Emerson have leave? [agreed]

Madam Speaker: Dispense.

By leave, Mr. Penner, Chairperson of the Standing Committee on Law Amendments, presented its Sixth Report, which was read as follows:

Your committee met on Tuesday, June 23, 1998, at 6 p.m. in Room 255 of the Legislative Building to consider bills referred.

Your committee has considered:

Bill 2--The Elections Amendment Act; Loi modifiant la Loi électorale

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

MOTION:

THAT section 52 of the Bill be amended as follows:

(a) in subsection (1), by striking out clauses (a) and (b); and

(b) in the proposed subsection 73(8), as set out in subsection (3),

(i) by striking out "and logo" in the section heading, and

(ii) by striking out everything after "under The Elections Finances Act as at the close of nominations".

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.

Committee of Supply

Mr. Ben Sveinson (Acting Chairperson of the Committee of Supply): Madam Speaker, the Committee of Supply has considered the motion regarding concurrence, directs me to report progress and asks leave to sit again.

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

Motion agreed to.