LEGISLATIVE ASSEMBLY OF MANITOBA

Tuesday, April 26, 2022


The House met at 1:30 p.m.

Madam Speaker: Good afternoon, everybody. Please be seated.

ROUTINE PROCEEDINGS

Introduction of Bills

Bill 234–The Drug‑Related Death Bereavement Day Act

Mrs. Bernadette Smith (Point Douglas): I move, seconded by the member from The Pas‑Kameesak, that Bill 234, The Drug‑Related Death Bereavement Day Act, now be read a first time.

Motion presented.

Mrs. Smith: I am pleased to present Bill 234, The Drug-Related Death Bereavement Day Act, as more and more Manitobans are touched by addictions and more and more families are left to grieve the loss of a loved one, but the ex­per­ience of grieving an over death is viled in guilt, shame, stigma and discomfort.

      Bill 234 seeks to normalize the ex­per­ience of grief and proclaim the Sunday before Mother's Day of every year as drug-related bereavement day, a day to reflect on the impacts of drugs in Manitoba and to grieve.

      I look forward to unanimous support of this bill in this House.

Madam Speaker: Is it the pleasure of the House to adopt the motion? Agreed? [Agreed]

Bill 225–The Non-Disclosure Agreements Act

Mr. Dougald Lamont (St. Boniface): I move that Bill 225–[interjection]–oh, sorry.

      I move, seconded by the member of Tyndall Park, that Bill 225, The Non-Disclosure Agree­ments Act; Loi sur les accords de confidentialité, be now read a first time.

Motion presented.

Mr. Lamont: Non-disclosure agree­ments, NDAs, in Manitoba and indeed around the world have been used to silence survivors of sexual harassment, inti­mida­tion and misconduct in many instances. Manitoba Liberals have heard from many folks in the com­mu­nity who have been harmed because of being pressured into signing an NDA.

      The legis­lation requires that an NDA can only be enforceful if it is the expressed wish and desire of the complainant. They must also have had an op­por­tun­ity to get in­de­pen­dent legal advice before they proceed with one. People who have signed NDAs may struggle because they cannot speak with family, friends or counsellors. When they can go to the police, they may be afraid to. We want to ensure that anybody who needs to is free to speak up.

      We look forward to the support of all members towards Bill 225.

      Thank you, Madam Speaker.

Madam Speaker: Is it the pleasure of the House to adopt the motion? Agreed? [Agreed]

      Com­mit­tee reports?

Tabling of Reports

Hon. Audrey Gordon (Minister of Health): Madam Speaker, I am pleased to table the sup­ple­ment to the Estimates of expenditure for the De­part­ment of Health for the fiscal year 2022-2023.

      Thank you.

Hon. Andrew Smith (Minister of Sport, Culture and Heritage): Madam Speaker, I am pleased to table the sup­ple­ment of Estimates of expenditure for the De­part­ment of Sport, Culture and Heritage for the financial year 2022-2023.

Ministerial Statements

Madam Speaker: The hon­our­able Minister of Indigenous Recon­ciliation and Northern Relations–and I would indicate that the required 90 minutes notice prior to routine proceedings was provided in accordance with rule 26(2).

      Would the hon­our­able minister please proceed with his statement.

Chief Dennis Meeches

Hon. Alan Lagimodiere (Minister of Indigenous Reconciliation and Northern Relations): It is my distinct honour to rise in the House today and thank and celebrate the now-former chief of Long Plain First Nation, Dennis Meeches.

      Chief Meeches served Long Plain First Nation for 26 years, with almost 20 years serving as an elected chief, and was the longest serving elected chief in Manitoba. He is also a talented singer, using his voice during ceremonies and events in tandem with his drumming. His com­mu­nity is also well known for its talent and events.

      Long 'plais' First Nation hosts their annual powwow to celebrate their culture and traditions which began in 1876 and is Manitoba's longest running powwow with exciting events such as the Men's Midnight Fancy Dance and a showcase of the bands many talented dancers and singers. I myself have had the pleasure of hearing Chief Meeches sing on several occasions.

      Retired Chief Meeches has served as the chair­person of the Treaty 1 governing council, the First Nations Finance Authority and the Dakota Ojibway Tribal Council. He still serves on the Tribal Council Investment Group of Manitoba and the Spirit Healthcare Group of companies.

      In his career he has actioned incredible things, including work that is being accomplished in the planning of the former Kapyong Barracks, now set to become Naawi-Oodena. It is a historic, billion-dollar Indigenous development. Naawi-Oodena is translated as the centre of the heart and community and it will be an urban reserve right here in Winnipeg.

      During his tenure and beyond, he tirelessly worked to create jobs and other opportunities for many Treaty 1 First Nations and advocated fiercely for economic development of Indigenous com­mun­ities. Naawi-Oodena is a shining example of this work, and it's very indicative of how hard Chief Meeches worked for his community and all Treaty 1 citizens.

      Madam Speaker, he was always someone who valued collaboration and partnership in everything we worked on together. Trust me when I say that we have exchanged many late-night phone calls working together on important actions. Never critical, always collaborative, Dennis is a fierce advocate for recon­ciliation, and I am so pleased to have been able to work closely with him on many aspects of this portfolio.

      My colleagues and I look forward to continuing to implement these lessons of collaboration, partnership and engagement in walking this path to reconciliation.

      While Dennis tells me he is going to retire to his Paint Horse Ranch, we all know that people like him do not simply retire, so I am certain our paths will con­tinue to cross.

      I will greatly miss our many texts, phone calls and emails, but knowing you, Dennis, I'm sure those won't stop as you take on future projects.

      Dennis, thank you for your commitment, your passion and your hard work to build a better world for all members of your community, all Treaty 1 citizens and all Manitobans. I am incredibly grateful to have had the opportunity to work closely with you and build a friendship. I greatly admire all that you have accomplished, and I would like to extend my sincere congratulations and best wishes to you, your com­munity and your future endeavors.

      Miigwech. Philamayaye. Thank you.

      I would like to encourage all members to join me in acknowledging and celebrating retiring Chief Meeches.

Mr. Ian Bushie (Keewatinook):      It gives me great honour to share a few words with a great leader–about a great leader and my friend, Chief Dennis Meeches.

Madam Speaker, it's been said that great leaders know when to step aside, and Dennis Meeches is noth­ing if not a great leader. After two decades as chief of Long Plain First Nation, Dennis leaves behind a myr­iad of accom­plish­ments, most notably his success­ful efforts to secure the former Kapyong Barracks for an urban reserve, but also an urban reserve in Portage la Prairie, a number of economic development pro­jects for First Nations here in Manitoba and a residen­tial school museum built on the site of a former residential school here in western Manitoba.

      I had the privilege of serving as chief of my own community at the same time as Dennis, and can speak first-hand to his dedication and commitment to not only to Long Plain First Nation but also to all Indigenous peoples and communities on Treaty 1 First Nations, as well as all of Manitoba. I have many memories of his grass dancing and his singing under his stage name, Yoza, even as he served ably as chief.

As one of the longest serving chiefs in Manitoba, Dennis in many ways laid the groundwork for the reconciliation movement that we're experiencing today in this province. And during a period in which men often dominated the political landscape in Manitoba, Dennis was known to be incredibly re­spect­ful to Indigenous women and would use his platform and privilege to amplify the voices of others, including mentoring the current chief of Long Plan First Nation.

      Of course, although Dennis is no longer seeking re-election, those who know him will know he will never truly retire. He plans to run for council of the Long Plain First Nation to focus on drug prevention and economic development. But I hope he takes at least some time to spend with his family and his horses.

On behalf of the Manitoba NDP, I salute Dennis on 20 years of service, and look forward to working with him through many more to come.

      I was honoured to have the opportunity to meet last summer with four generations of Dennis's family, including his father, son and grandson. And I have no doubt that I was in presence of past, present and future leadership.

      And I hate to be the bearer of bad news, Dennis, but if you think you are retired, you have another thing coming. Your work, dedi­cation, knowledge will be called upon for generations.

* (13:40)

      So again, Dennis, on behalf of our NDP team, myself and my family, I say kitchi miigwech for sharing your gifts and knowledge with all of us.

Mr. Dougald Lamont (St. Boniface): I ask for leave to speak to the min­is­terial statement.

Madam Speaker: Does the member have leave to respond to the min­is­terial statement? [Agreed]

Mr. Lamont: I rise to pay tribute to the many years of service by Chief Dennis Meeches of Long Plain First Nation.

      Now, while we now make–at long last, make treaty acknowledgments in this Chamber, and at events across Manitoba and Canada, it is also worth recalling the ways in which the Crown has failed to uphold their end of the obligation of treaties, and how hard First Nations and other Indigenous peoples have had to fight just to get governments–federal and prov­incial–to fulfill commitments made in treaties that were legally binding contracts.

      One of the people who were in charge of that fighting was, of course, Mr. Meeches.

      Many of those promises include what are known as treaty land entitlements, where First Nations in Manitoba have been waiting for decades, and some­times for more than a century, for land to be returned to them that was promised them.

      In pursuing these claims with tenacity and prin­ciple, Chief Meeches has made incredible strides on behalf of his com­mu­nity and many others. We've seen Kapyong Barracks rightly be signed over, in what will be known as Naawi-Oodena. We have seen long over­due investments in urban reserves in Winnipeg and Portage la Prairie.

      You know, it is never too late to make progress, and I want to thank Chief Meeches on behalf of Manitoba Liberal MLAs for his contributions, not just to Long Plain for Treaty 1, but to his dedication to working in partnership in ways that make us all better, and make us all better off.

      I would also like to offer the congratulations to the newly elected chief, Kyra Wilson, who ran as a Manitoba Liberal candidate in the 2016 election, and I look forward to many more years of his con­tri­bu­tions.

      Thank you. Merci. Miigwech.

Madam Speaker: Further min­is­terial statements?

      The hon­our­able Minister of Trans­por­tation and Infra­structure–and I would indicate that the required 90 minutes notice prior to routine proceedings was provided in accordance with rule 26(2).

      Would the hon­our­able minister please proceed with his statement.

Severe Weather Event Update

Hon. Doyle Piwniuk (Minister of Transportation and Infrastructure): Madam Speaker, Manitoba con­tinues to battle the effects of a significant weather event this past weekend. However, our flood risk re­mains constant and our moderate to major flood levels. Some major roadways remain closed due to local­ized overland flooding, as well as two munici­pal­ities remain in state of local emergencies, being that the RM of Headingley and the RM of Cartier.

      Our government, in collaboration with local gov­ern­ments, First Nation communities and our EMO, will continue to provide mitigation and recovery efforts. Maintaining the safety of Manitobans is our top priority.

      Our Manitoba Emergency Coordination Centre will continue to host daily conference calls with var­ious levels of governments and communities. In addi­tion to the public outreach efforts, my office has co‑ordinated with non-political, technical flooding briefings, meeting this–later this week with the official opposition and the Liberal Party.

      The morning I had the opportunity to speak to Scott Crick, the mayor of the town of Morris, to discuss flood pre­par­ationness and communication strategies.

      The Red River Floodway and the Portage Diversion continues to operate, managing the water levels for the City of Winnipeg to approximately 13 feet. Provincial crews are deployed to a number of communities in the Red River Valley running pump­ing stations as well as preparing for and implementing partial dike closures, such as the in Brunkild dike on P-H 3, and full dike closures, such as the St. Adolphe at PR 200.

      Crews have deployed 24,000 sandbags and sand­bagging machine and two standard emergency re­sponse trailers to the town of Altona for regional use. In the town of Ste. Anne, 2,000 sandbags have been delivered. Pumping operations have begun at the inter­­section of two-oh–PR 204 Henderson Highway at the North Perimeter.

      Along with the RCMP and the Transportation and Infrastructure provincial staff will also implement high­way closures as required. Please remember to 'aphere' to highway closures, as safety is our top priority.

      My colleagues and I are proud that–to call Manitoba home, and we are–will continue to protect our communities through mitigation efforts for severe weather events at all costs.

      Manitobans, let's live up to our reputation and con­tinue to be very friendly, 'residulent' and Prairie pro­vince that Canadians know of us to be.

      Thank you, Madam Speaker.

Mr. Matt Wiebe (Concordia): Madam Speaker, I want to thank the minister for updating the House on the unfolding flooding situation.

I also want to once again thank all those prov­incial, municipal and Hydro employees who are work­ing around the clock on the front lines to protect our com­mu­nities.

Manitobans continue to struggle as those crews work to restore power to 3,700 customers in Dauphin and homeowners in many com­mu­nities continue to check their basement for water damage. Likewise, crews are addressing overland flooding across the pro­vince, including those who are working to keep Highway 75 open as long as possible. In places like Morden and Winkler, crews have been aided by con­cerned citizens and producers from the area, who are using their own equip­ment to clear culverts and pump water over roads.

      In areas which the immediate threats have been addressed, municipalities are now turning to the work of repairing the damage that has been done. The RM of Stanley released a statement yesterday that while the water has receded, the rural community infra­structure has been devastated, adding that it will take considerable time to bring everything back to normal. We urge the government to continue to providing assist­ance to Stanley and other municipalities as they begin this work.

      We also know that the danger has not yet passed. In fact, right now there is rain scheduled for 10 of the  12 days beginning this Thursday. We urge Manitobans to continue monitoring their basements and this government to continue to provide support with–to residents with emergency housing issues and those seeking to prevent further flooding on their properties.

      As we did yesterday, I join with the rest of this House in continuing to commend all those working to restore power across our province and to protect Manitobans from flooding. Our caucus promises to keep listening to the concerns of local governments and, in parti­cular, those rural municipalities as they begin to rebuild after the damage caused by this weather system.

Hon. Jon Gerrard (River Heights): Madam Speaker, I ask leave to speak to the minister's statement.

Madam Speaker: Does the member have leave to respond to the min­is­terial statement? [Agreed]

Mr. Gerrard: Madam Speaker, the sun is out today, which is a good thing after several days of wet and snowy weather. With today's clear skies, we're in a better position to have a look at what's happened, to assess the damage and to plan for the days ahead.

      I had hoped that the gov­ern­ment would've pro­vided the best and worst projections of the likelihood of flooding in the next two weeks, with many days of projected rain ahead. We need to be prepared for what could be the worst and make sure that people are ready.

      I'd hoped for a more detailed accounting of what's happened with the hydro outages. I gather from the Hydro website today that there's still more than 3,000 people who are out of hydro service, and hope that that can be restored soon.

      We don't really know how many basements have been flooded. That could have been helpful. But, cer­tainly, in view of the serious problems of basement flooding in part of Manitoba, I would ask the govern­ment to look at restoring the basement flooding protection program, which has been so im­por­tant and useful in the past.

      I want to thank all those who are helping to address issues which have arisen from the flooding and the weather that we've received in the last few days, and to thank them sincerely for all that they're doing. It takes a province when we've got a weather storm like this.

      Thank you, Madam Speaker.

Members' Statements

Anne Penonzek

Mrs. Cathy Cox (Kildonan-River East): Volunteers are the heart and pulse of our Manitoba com­mu­nities.

      Madam Speaker, as we celebrate National Volunteer Week, I am honoured to rise in the House today to shine a spotlight on one of North Kildonan's most dedicated and invaluable volunteers, who is joining us this afternoon in the gallery.

      Anne Penonzek epitomizes the meaning of volunteerism. Anne is a remarkable woman who has served our St. Anne Ukrainian Catholic Church for over 61 years. She's been described as God's gift to the  church. And while Anne is a women small in stature, her contributions, guidance and leadership in our com­­­munity is immeasurable.

      I am privileged to call Anne my friend. She is sincere, humble and always warms my heart with her kindness and beautiful smile.

* (13:50)

Madam Speaker, Anne's accomplishments are many. She has served on the St. Anne Ukrainian Catholic Women's League for 60 years, and as the president for two terms and also as the treasurer. She's guided the Kildonan seniors horizon club during her time as president and is highly respected as a role model and mentor within our com­mu­nity who has dedi­cated her life to helping others. She's pinched thousands of perogies, baked too many pies and cakes to count and prepared hundreds of meals at our church dinners.

      Prior to COVID, Anne served as a volunteer at Concordia community hospital where she not only provided love and support to patients but also administered the Holy Sacrament to patients and house­bound parishioners. While COVID presented many challenges for St. Anne parish, Anne's deter­mination shone through when she took on the re­sponsibility of ensuring COVID-19 protocols were in place so parishioners could safely participate in the liturgy.

      To quote Father Mark, Anne works tirelessly to raise funds, collect food and furniture and prepare for newcomers arriving here in Canada to escape the brutal war in Ukraine. At 88 years old, Anne's dedication is a credit to the community and a great ex­ample of what can be accomplished by being involved in the church, the local community and following a moral creed to love one another.

      Madam Speaker, I ask all members of this Chamber to rise to wish Anne a happy belated 88th birthday and continued happiness, good love, good health, love and God's blessing. Mnohaya lita. [Many more years.]

Madam Speaker: The hon­our­able member for St. Johns (Ms. Fontaine)–oh.

Early Childhood Educators in Union Station

MLA Uzoma Asagwara (Union Station): I'm honoured to rise today during early childhood educa­tor week to recognize the ECEs in Union Station and to thank them for their ongoing efforts to educate and care for children and families in our community.

      Early childhood educators have navigated enor­mous challenges during this pandemic and continue to show us how invaluable they are to our communities. Each and every time I visit a centre, I'm greeted with kindness, smiles and very happy and cute kids who are eager for me to read them a story, or to share their own stories with me.

      In Union Station, daycares have been facing increased challenges due to the lack of funding and no strategy from this government to ensure that we can retain and recruit early childhood educators. This despite the federal government providing hundreds of millions of dollars for this sector, Madam Speaker.

Recently, I wrote the minister to alert him of dif­ficult circumstances faced by the Niigaanaki Day Care Centre in Union Station. This centre, in addition to flooding for which they've had limited support in rectify­ing, has experienced multiple break-ins, in­cluding one while the centre was open and a staff member was attacked with a weapon.

      Thankfully, no one was physically injured, but they have yet to hear from the minister as to what steps he and his government are taking to provide the necessary support that they need and that so many other centres do.

      Early childhood educators need, want and deserve action to be taken by this gov­ern­ment, action which respects their training, education and their expertise as they care for our children and our future gen­era­tions, Madam Speaker.

      Today we're joined by the executive director of Niigaanaki Day Care centre, Lois Coward, and educator Kaitlin Fitzmaurice.

      Please join me in recognizing them and all Union Station early childhood educators for their deeply appreciated artwork.

      Thank you.

Gimli New Horizons 55+ Centre

Hon. Derek Johnson (Minister of Agriculture): Madam Speaker, I rise today, to recognize the Gimli New Horizons 55+ Centre. The centre was in­corporated as a non-profit organization in 1974. From humble beginnings, their membership has grown to 700 community members since.

      Their mission statement says, and I quote: The centre will be an asset to the community by providing a pleasant place for recreation, relaxation and com­panion­ship and by encouraging all members to remain active and socially connected while maintaining their physical and mental health.

      Gimli New Horizons staff, board of directors and volunteers have gone above and beyond to fulfill this statement. By 2019, an amazing 11,250 volunteer hours had offered for 40 different activities. The activities are many and diverse, from painting and photography, tai chi, canasta, fibre arts, woodcarving, ballroom dancing and even kayaking, Madam Speaker. Every year members come forward with novel ideas and new enthusiasm and volunteer to try something new.

      Hearing clinics are held four times a month, while flu clinics are held annually. The organization also puts together trips for special activities.

      They operate a commercial kitchen on-site staffed entirely by volunteers to provide members an oppor­tunity to have a hot and wholesome $6 lunch. The kitchen is utilized for some of their major fundraising events such as a pancake breakfast during the Icelandic Festival, fall supper and ongoing monthly perogy making.

      Madam Speaker, it is with pride and pleasure that I applaud the Gimli New Horizons 55+ Centre for the integral role they play in the community and sur­rounding area.

      Thank you, Madam Speaker.

Sexual Assault Awareness Month

Ms. Nahanni Fontaine (St. Johns): We near April's Sexual Assault Awareness Month.

      Sexual assault and sexual harassment includes rape, unwanted sexual conduct, sexual innuendos, jokes, threats, arranging opportunities to be alone. It can occur between partners and families at home, col­leagues at work, on the bus, in the club, walking down the street, online, between friends, acquaintances and strangers.

      In Canada, more than 60 per cent of Indigenous women have been sexually assaulted.

      Reflecting on that statistic, it's important to acknowledge that for several years Indigenous women have courageously come forward sharing experiences of sexual harassment by a leader in our Indigenous community. They weren't believed. I believe them and continue to believe them.

      Often, complaints against predators are dismissed or minimized, with predators allowed to remain in their roles. This particular individual was supported and given the benefit of the doubt, allowed to return back to his leadership role.

      Last month, another courageous Indigenous wo­man came forward, filing complaints to the WPS and human resources. I believe her. She is an immediate family member. It kills me to see her navigate this, but I am so proud of her coming forward in an attempt to protect other Indigenous women.

      These experiences are not solely confined to just this one individual, but to many men in our com­mu­nities. But to be clear, overall–no matter the com­mu­nity–the majority of sexual assault offenders are men. This is a men's issue. Men of all backgrounds must stop this.

      I know our women will not be silenced or shamed or put up with abuse. My deepest respect and love to every single woman who's come forward or yet to come forward. Please know that there's a community of matriarchs standing with you.

      Miigwech.

David Barber

Hon. Jon Gerrard (River Heights): Madam Speaker, growing up in Dauphin and helping build the Fort Dauphin Museum, fishing at a cabin on Waterhen Lake and canoeing to Fort York and Churchill, David Barber developed a love of the Arctic and became one of the foremost Arctic scientists in the world. He had an ability to connect with people who were not scien­tists and an ability to write grants and to conceive big projects that was remarkable.

Several years into his Arctic research, he recog­nized an extraordinary decrease in the size of the permanent ice in the Arctic, and it was the result of global warming. He found that the Arctic was warm­ing faster than other parts of the planet. He was at the forefront of understanding the impact of climate change on the Arctic. He also organized and led Arctic expeditions to give us a broader understanding of life in the Arctic both above and below the ice.

      Educated initially in physical education at the University of Manitoba, after travelling to the Arctic, he switched careers and studied the Arctic and Arctic ice at the University of Waterloo. He later returned to Manitoba to champion changes at the university which led to bringing together a wide range of re­search­ers to study what was and is happening in the Arctic.

      Over the course of his career, he was responsible for bringing about $200 million in grants to the University of Manitoba–the largest amount brought by any researcher in the physical sciences.

* (14:00)

      An extraordinary individual; not only a scientist, he was dedicated to his family and to ensuring each of his children had their own experiences on an Arctic expedition starting when they were nine years old. Lucette, Jeremy, Julien and Jamie were a vital part of his life, and they of his. It was a family part­ner­ship.

      I ask for a moment of silence to recognize this important Manitoban who brought so much to our province and to our world.

Madam Speaker: Is there a leave for a moment of silence? [Agreed]

      Please stand.

A moment of silence was observed.

Oral Questions

Infra­structure Spending
Funding for Road Repairs

Mr. Wab Kinew (Leader of the Official Opposition): Potholes, potholes, potholes, Madam Speaker. People all over Manitoba are talking about it. Everyone is noticing. There are potholes all over the place right now, and it seems like they're worse than ever.

      Now, I hope that Manitobans also keep in mind the PCs' respon­si­bility for this. We know that they have underspent infra­structure ever since that–they took office, and they've frozen funding for munici­palities. At the end of the day, it's costing you more because there's a PC gov­ern­ment in power.

      Will the Premier reverse course and provide more money to fix roads and potholes that are killing us right now?

Hon. Heather Stefanson (Premier): Well, this coming from an NDP gov­ern­ment, when they were in power, that underspent the budget several years in a row and then, right before an election, they came up with millions and millions and millions of dollars, Madam Speaker.

      We have given predictability when it comes to infra­structure in Manitoba. We've given a three-year plan of $500 million a year. We're working closely with those in the heavy construction and so on, Madam Speaker. We'll continue to work with munici­palities.

      Of course, the member opposite knows that pot­holes–when it comes to the cities and munici­palities, it falls under the munici­palities, but we'll continue to work with those munici­palities.

Madam Speaker: The honourable Leader of the Official Opposition, on a supplementary question.

Mr. Kinew: Madam Speaker, making sure that roads don't have car-sized potholes in them is a basic func­tion of gov­ern­ment, yet it's a basic function that this gov­ern­ment is failing at. We know that munici­palities have a role to play here, the City has a role to play here, but they can't do it alone.

      There's no way that they can do it with the PC cuts to infra­structure spending that happen every year after they announce a budget. They run back to the Min­is­try of Finance, the Min­is­try of Infra­structure, and they reduce the amount of money that'll actually get spent on roads. And then, on top of that, they freeze the transfers to munici­palities.

      Manitobans are paying more than ever. They're paying with stress. They're paying with dollars for car repairs. The one person in Manitoba who's not stepping up right now: the Premier.

      Will she reverse course and will the PCs start to fund road repairs so we can fix these potholes?

Mrs. Stefanson: Well, the member opposite will know that we inherited a sig­ni­fi­cant infra­structure de­ficit from the previous NDP gov­ern­ment, Madam Speaker, and we will continue to clean up the mess of the previous NDP gov­ern­ment.

      But the member opposite will also know that we–yes, we absolutely do fund and work with our munici­palities. But the munici­palities are respon­si­ble for where that money is spent, Madam Speaker. We do not dictate to munici­palities how to spend their money. [interjection]

Madam Speaker: Order.

Mrs. Stefanson: They know best where that money goes as the local gov­ern­ment for the area, Madam Speaker. Now, we will continue–[interjection]

Madam Speaker: Order.

Mrs. Stefanson: –to invest record invest­ments in infra­structure through­out Manitoba, Madam Speaker–$500 million a year for the next three years. We're giving predictability for those industries.

      We will continue to work with munici­palities. We'll continue to work with all those involved in infra­­structure, Madam Speaker, to ensure that we fix our roads for Manitobans.

Madam Speaker: The honourable Leader of the Official Opposition, on a final supplementary.

Mr. Kinew: Madam Speaker, the PC Premier con­tinues to deny respon­si­bility for the terrible state of our roads and, just like Brian Pallister, wants to pick fights with munici­palities and with the city.

      We know what they've done with their time in office. Every single year, they've underspent the infra­structure budget. Every single year, they've frozen fund­ing to munici­palities.

      Imagine the cumulative impact of inflation since 2016. Now add to that the increasing weather events and it's no wonder Manitobans out there are paying more: paying more to repair your cars, paying more because you're getting bad gas mileage, and paying more in the form of stress because roads decay under the PCs.

      Will they simply reverse course and start to invest in roads so that we can fix these potholes? [interjection]

Madam Speaker: Order.

Mrs. Stefanson: I'll remind the member opposite again about the infra­structure deficit that was left to our gov­ern­ment by his gov­ern­ment, the previous NDP gov­ern­ment, Madam Speaker.

      Billions and billions and billions in deficit in our infra­structure through­out Manitoba, and there was noth­ing there for predictability for the future in terms of spending, Madam Speaker. [interjection]

Madam Speaker: Order.

Mrs. Stefanson: We know, under the previous NDP gov­ern­ment, is that they underspent their budget several years in a low–a row, and then right before an election, they mysteriously came up with all this money for infra­structure, Madam Speaker.

      We won't do that. We'll work with our munici­palities. We'll work those who deliver these services for Manitobans to ensure they have the predictability for the next three years.

      Thank you, Madam Speaker.

Madam Speaker: The hon­our­able Leader of the Official Op­posi­tion, on a new question.

St. Boniface Hospital
ER Services

Mr. Wab Kinew (Leader of the Official Opposition): The only thing predictable with the PCs that the–is that the potholes are worse than ever. And they're only going to continue to get worse.

      Now, we know when it comes to health care, things are also worse than they've ever been, parti­cularly in our emergency de­part­ments. Wait times are the worst that they've ever been. Doctors are saying that the system is worse than it has ever been. Physicians who've worked in ERs for 30 years are saying that, Madam Speaker.

      There's no plan from the PCs to fix this crisis at emergency rooms like HSC, where waits are 10 hours long; at emergency rooms like St. Boniface, where people are waiting longer than ever before. Their only  answer so far from the Minister of Health (Ms. Gordon) yesterday was we broke it, you fix it.

      Why has the Premier refused to offer a plan to fix emergency de­part­ments in Manitoba?

Hon. Heather Stefanson (Premier): Well, Madam Speaker, I ap­pre­ciate the question from the member opposite because, just earlier this morning, the Minister of Health and I were over at St. Boniface Hospital, announcing $141 million for a new emer­gency room. So, Madam Speaker, that is clearly our plan.

      What's unfor­tunate is that members opposite yesterday had an op­por­tun­ity to vote in favour of that, Madam Speaker. Instead, they chose to vote against it.

Madam Speaker: The hon­our­able Leader of the Official Op­posi­tion, on a sup­ple­mentary question.

Mr. Kinew: Madam Speaker, you know me, I'm all about the facts.

      It's a fact that this gov­ern­ment did announce an emer­gency room at St. Boniface. [interjection]

Madam Speaker: Order.

Mr. Kinew: They announced an emergency room at St. Boniface in 2017. I'll table this, Madam Speaker.

      So, again, I'll table the an­nounce­ment that they made for the St. Boniface emergency room in 2017. I'll table the an­nounce­ment that they made again 2019 when they announced it twice: in August and then again in December. And then, of course, I'll table the an­nounce­ment that they made in 2021 for an emer­gency room in St. Boniface.

      Madam Speaker, there's still a crisis at St. B, no matter how many times they hold an an­nounce­ment.

      After five an­nounce­ments in five years, who can believe that this gov­ern­ment is going to do anything for the St. B ER?

Mrs. Stefanson: Madam Speaker, $141 million for a new emergency room at St. Boniface Hospital.

* (14:10)

      I was very pleased to join our Minister of Health there today–[interjection]

Madam Speaker: Order.

Mrs. Stefanson: –along with many officials, in­cluding the St. Boniface Hospital research foundation as well, con­tri­bu­ted, as well, $10 million that they announced today towards that initiative, Madam Speaker.

      That's how we partner with the com­mu­nity to ensure that we deliver those services for Manitobans when they need it, Madam Speaker.

Madam Speaker: The honourable Leader of the Official Opposition, on a final supplementary.

Mr. Kinew: Madam Speaker, the PC approach to health care is we broke it, now you fix it.

      Well, of course–no, sorry; that's not the whole thing. It's also to hold a misleading press an­nounce­ment before you blame the system and blame the health-care workers.

      I laid it out, Madam Speaker. They announced the St. B emergency room in 2017. Then they came back; they did it again in August of 2019. Then they came back again and re-announced the same emergency room in December of 2019. Then they came back last year in 2021, announced the same ER again.

      Now they're back again today, re-announcing the same emergency room at St. Boniface.

      Madam Speaker, who can believe this gov­ern­ment when it comes to health care? After five an­nounce­ments of the same emergency room in five years under four failed Health ministers, who will believe that the Premier will finally do some­thing for the St. B ER now? [interjection]

Madam Speaker: Order.

Mrs. Stefanson: Well, Madam Speaker, this coming from the Leader of the Op­posi­tion that has absolutely no plan at all, no vision for the future of health care in our province.

      I am very excited to–[interjection]

Madam Speaker: Order.

Mrs. Stefanson: –have put out this an­nounce­ment this morning, Madam Speaker: $141 million, plus another $10 million from the St. Boniface foundation. We thank them for their part­ner­ship in this.

      It was an exciting an­nounce­ment–ER doctors there, Madam Speaker. Everyone is excited–[interjection]

Madam Speaker: Order.

Mrs. Stefanson: –about this initiative. They're happy that it's in this budget. They asked for it to be in this budget. And that's why, yesterday, we voted in favour of that, Madam Speaker, while members opposite voted against it.

      Shame on them.

Health-Care System Consolidation
Impact on Staffing and ER Services

MLA Uzoma Asagwara (Union Station): Madam Speaker, this gov­ern­ment likes to talk about things that may happen years down the road, but their years of cuts and consolidation have taken a real toll on our hospitals.

      Late last week, WRHA CEO Mike Nader said about St. Boniface Hospital, and I quote: Our ability to transition admitted patients from our emergency depart­ment/urgent care is seriously impacted right now. End quote.

      The minister's response was to tell the region to, and I quote, fix it, Madam Speaker.

      Why is the minister telling others to fix what she and her gov­ern­ment broke?

Hon. Audrey Gordon (Minister of Health): Madam Speaker, I'm so pleased to share that I was joined by the Premier (Mrs. Stefanson) today at the St. Boniface Hospital as well as Mike Nader, the CEO of WRHA.

      We were announcing $141 million, Madam Speaker–[interjection]

Madam Speaker: Order.

Ms. Gordon: –$10 million also coming from the foun­dation for St. Boniface. The invest­ment will triple the size of the ER at St. Boniface, reduce wait times, improve patient flow and provide more room for clinical staff to work.

      Members opposite would do well to remember their own record on wait times and what they did to dismantle the emergency response system in this province.

Madam Speaker: The honourable member for Union Station, on a supplementary question.

MLA Asagwara: Madam Speaker, yesterday the minister's response to this issue was that she was going to insist, and I quote, that the region fix this.

      Madam Speaker, this minister is completely dis­connected from the actual facts. Her gov­ern­ment has de­manded the region keep up its–keep its ex­penditures, rather, well below the rate of inflation.

      In fact, the demand is up. On the gov­ern­ment's own website right now–you can go there and see it on their own website–this gov­ern­ment's plan is for health regions to keep their spending 4 per cent below the rate of inflation: a health-care cut, Madam Speaker.

      Why is this minister demanding that others fix what she and her gov­ern­ment broke?

Ms. Gordon: For most of last week, the member for Flin Flon (MLA Lindsey) stood in this Chamber and demanded that I ask northern regional health author­ity and the Thompson General Hospital to fix the hot water. Yesterday, he even suggested that I physic­ally go to the Thompson General Hospital and fix the hot water.

      Today, they stand in the House and they don't want anything fixed.

      Would they make a decision about whether or not they want the health system that Manitobans need in their time of care, because if they do, it's our gov­ern­ment that will deliver on that commitment.

Madam Speaker: The honourable member for Union Station, on a final supplementary.

MLA Asagwara: Madam Speaker, I have to say, I think it's a parti­cularly low moment for the Minister of Health for her to be critical–[interjection]

Madam Speaker: Order.

MLA Asagwara: –of an MLA who is standing up for health care in the North. I commend my colleague for his advocacy for his con­stit­uents.

      Madam Speaker, her gov­ern­ment's cuts and consolidation have left our hospitals on the brink. There are 2,400 nursing positions that are vacant across our province right now. Nurses are being told they can't take summer holidays with their families, that they've been des­per­ately needing. Nurses and other health-care pro­fes­sionals have been running short for years.

      The minister and her gov­ern­ment made this mess.

      Why is the minister asking hospitals to fix it?

Ms. Gordon: In Budget 2021, our gov­ern­ment com­mitted $812 million to northern health care, Madam Speaker. And in Budget 2022, we have committed $7.2 billion total for health care in Budget 2022.

      Madam Speaker, I don't know why the members opposite do not want health-care officials and leaders–[interjection]

Madam Speaker: Order.

Ms. Gordon: –to fix anything, but they are well on their way. I'm so pleased to share that, yesterday, the CEO of WRHA shared all the initiatives that are under way to address the wait times.

      Are the members opposite saying they don't want those initiatives unveiled, they don't want them imple­mented, because they're not accustomed to anything in health care being fixed?

Edu­ca­tion System
Post-Pandemic Plan

Mr. Nello Altomare (Transcona): As you know, bill 64 caused a lot of damage and disruption for families, teachers and educators.

      In fact, Madam Speaker, the Auditor General just this past week revealed that the over­whelming majority of school leadership does not believe this gov­ern­ment will do what's right to help kids recover from the pandemic.

      Unfortunately, this gov­ern­ment's post-pandemic edu­ca­tion plan is headed in the wrong direction, Madam Speaker.

      Why is the minister not addressing the serious challenges being faced by our kids in our classrooms?

Hon. Wayne Ewasko (Minister of Education and Early Childhood Learning): It gives me great plea­sure to stand up and put some facts on the record, Madam Speaker.

      It's interesting that my friend and, you know, col­league from Transcona stands up and again decides to fear monger on the backs of our students' success right here in Manitoba.

      We know that the last two years have been a–has been a challenge, not only here in Manitoba, Madam Speaker, but across this great country of ours and around the world.

      During the–during COVID, the pandemic, we have spent well over $250 million to help with stu­dents–their out­comes, their needs–in order to continue their learning successes right here in Manitoba–

Madam Speaker: The member's time has expired.

      The honourable member for Transcona, on a supplementary question.

Edu­ca­tion Funding Review
External Consultant Costs

Mr. Nello Altomare (Transcona): As you know, last year we learned that this gov­ern­ment wasted a million and a half dollars on a failed bill 64 campaign. And, as a matter of fact, right now, they're up to doing the same things again.

      Through FIPPA, Madam Speaker, we found that the gov­ern­ment is spending money on external con­sultants instead of kids in the classroom. This consultant is costing us $344,000.

      So, Madam Speaker: Why can't the minister and the–[interjection]

Madam Speaker: Order.

* (14:20)

Mr. Altomare: –de­part­ment engage meaningfully with school leadership, and why are they spending $344,000 for a company to review funding of schools?

Hon. Wayne Ewasko (Minister of Education and Early Childhood Learning): I ap­pre­ciate the mem­ber bringing up the great an­nounce­ment we had right here in Manitoba in regards to the K‑to‑12 action plan, which is a road map to student success–[interjection]

Madam Speaker: Order.

Mr. Ewasko: It's unbelievable to me, Madam Speaker, that a former principal, administrator, educa­tor himself, would not take the weekend to maybe dive into the action plan so that he could educate himself on the great things that we're moving forward in K‑to‑12 edu­ca­tion.

      Just to quote from James Bedford, the MTS president: It is gratifying to see that the extensive con­sul­ta­tion under­taken by the com­mis­sion is finally reflected. It's clear that MTS, along with other edu­ca­tion stakeholders–

Madam Speaker: The member's time has expired. [interjection]

      Order.

      The hon­our­able member for Transcona, on a final sup­ple­mentary.

Mr. Altomare: Madam Speaker, instead of ensuring that resources are targeted and focused on kids and the classroom, this minister is spending hundreds of thousands of dollars on expensive companies, and that's a fact: 1 and a half million wasted last year, and now $344,000 to another external company.

      Why is the minister putting consultants over our kids, and why is he spending hundreds of thousands of dollars for a review done by a private company?

Mr. Ewasko: So much good news, Madam Speaker, I just keep running out of time. I've got so much good stuff to share, so many great quotes from our edu­ca­tion partners all across this province.

      We are getting accolades, Madam Speaker. Our gov­ern­ment is getting accolades for the thousands–over 25,000 con­sul­ta­tions in regards to the K‑to‑12 com­­mis­sion and moving forward on the action plan.

      The member knows that the old, antiquated system of the funding model was old. It needed to be redone. It is so old, Madam Speaker–[interjection]

Madam Speaker: Order.

Mr. Ewasko: –that even the member from Transcona can remember when it was first imple­mented.

      We're fixing the system, Madam Speaker, to make sure that funding is more fair and equitable and putting it in the resources and the hands of the students all across this great province.

Electrification of Public Transit
Funding to Upgrade Fleet

Ms. Lisa Naylor (Wolseley): Madam Speaker, the City of Toronto is purchasing up to 565 electric buses from the Winnipeg-based New Flyer Industries. These buses will modernize Toronto's fleet and help fight climate change.

      Many Manitobans are wondering why this gov­ern­ment can't do the same for our transit services. Instead, this gov­ern­ment has cut funding and stood in the way of decreasing emissions.

      Can the minister tell us why this gov­ern­ment won't upgrade Manitoba's transit fleet?

Hon. Reg Helwer (Minister of Labour, Consumer Protection and Government Services): Con­gratu­la­tions to a great Winnipeg and Manitoba company, NFI Group, for landing a contract with the City of Toronto. Con­gratu­la­tions to the City of Toronto for moving forward with diesel hybrid electric buses, Madam Speaker.

      We'd be thrilled to work with the City of Winnipeg to buy these same buses for the city of Winnipeg.

      Stay tuned, Madam Speaker.

Madam Speaker: The hon­our­able member for Wolseley, on a sup­ple­mentary question.

Ms. Naylor: Madam Speaker, public trans­por­tation has such an im­por­tant role to play in our fight against climate change. However, despite the minister's com­ments, this gov­ern­ment has actually cut funding to transit services. This jeopardizes their ability to modern­ize and their ability to decrease emissions.

      Toronto, Victoria, Charlottetown, Montreal, Ottawa, even Edmonton are all upgrading to an elec­tric transit fleet, but Manitoba won't do the same.

      Will the minister follow in the footsteps of many other provinces and provide funding to upgrade Manitoba's transit fleets?

Mr. Helwer: Well, as the member opposite knows, with the basking funding that we give to the munici­palities, the City of Winnipeg decides where to spend the money. And if they want to look at buying these–[interjection]

Madam Speaker: Order.

Mr. Helwer: –hybrid diesel-electric busses, we'll work with them on that plan, Madam Speaker. But we need to see that plan from the City of Winnipeg.

      We'd be thrilled to see electric busses from a Winnipeg company travelling around the city of Winnipeg streets.

Madam Speaker: The honourable member for Wolseley, on a final supplementary.

Ms. Naylor: Madam Speaker, this gov­ern­ment con­sistently puts the respon­si­bility on other people and other organi­zations without provi­ding any of the prov­incial funding to help.

      Purchasing electric busses would help decrease emis­sions and flight–fight climate change–[interjection]

Madam Speaker: Order.

Ms. Naylor: –as it would also support an innovative, Manitoba-based company. And this gov­ern­ment is in the position to be able to do both, yet they simply are choosing not to.

      The minister should adequately fund Manitoba's public trans­por­tation and provide funding to upgrade our fleets of electric buses.

      Will the minister provide this commit­ment to munici­palities today?

Mr. Helwer: Well, we don't tell munici­palities how to spend the money that we give to them in basket funding. They make that decision, Madam Speaker.

      And perhaps the member opposite is living in a different world than I am. I don't see fleets of electric buses in the city of Winnipeg. I'd be thrilled to see that provided by NFI Group, Madam Speaker. Wouldn't you love to see those buses travelling 'alound' Winnipeg streets provided by the stellar Winnipeg and Manitoba company? [interjection]

Madam Speaker: Order.

Sup­ple­mentary Estimates Books
Infor­ma­tion Available

Mr. Mark Wasyliw (Fort Garry): A gov­ern­ment that reduces transparency is a gov­ern­ment that has some­thing to hide.

      The sup­ple­mentary Estimates were recently dis­tributed, and the docu­ments are thinner than ever. This year continues the trend of provi­ding less infor­ma­tion in the Estimates books. The docu­ments are missing in-depth breakdowns, instead leaving Manitobans in the dark about why decisions were made. As well, the Estimates books don't include five-year pre­sen­ta­tions of the budget.

      This raises the question: Why is the gov­ern­ment reducing transparency?

Hon. Scott Fielding (Acting Minister of Finance): Our gov­ern­ment is very proud of our open and trans­par­ence approach. In fact, we take advice from Manitobans.

      Over 51,000 Manitobans gave advice to us in terms of the gov­ern­ment–in terms of gov­ern­ment dir­ec­tion, in terms of the budget. It's a process that makes sense. There's transparency that's in place. In fact, in this budget alone, we changed the process back–was criticized by op­posi­tion, other people–to provide more infor­ma­tion so people know exactly where their dollars are being spent.

Madam Speaker: The honourable member for Fort Garry, on a supplementary question.

Mr. Wasyliw: This gov­ern­ment knows that Manitobans are critical of the cuts they've made, whether it's to health care, edu­ca­tion and more. Rather than listen to Manitobans and reverse course, their solution has been to hide and­–their actions by provi­ding less detail in the Estimates books.

      This year's Estimates remove five-year pre­sen­ta­tions of budgets, likely because it would demon­strate the deep cuts this gov­ern­ment has made.

      Will this government do the right thing and commit to greater transparency?

* (14:30)

Mr. Fielding: The member's comments talk about cuts to edu­ca­tion and other areas. That's absolutely not true, Madam Speaker.

      We're investing more money in health care. We're investing more money in edu­ca­tion. We're making life more affordable for Manitobans, in terms of–[interjection]

Madam Speaker: Order.

Mr. Fielding: –reducing edu­ca­tion property tax. That's going to have a positive impact on thousands and thousands of Manitobans.

      Our budget docu­ment is based on con­sul­ta­tions with Manitobans. Transparency, that's there. There's more infor­ma­tion than there was last year in the budget to make sure Manitobans exactly know where their money is being spent.

Madam Speaker: The honourable member for Fort Garry, on a final supplementary.

Mr. Wasyliw: The motivation of this gov­ern­ment's clear: they're trying to hide from criticism by reducing the infor­ma­tion the public gets.

      They've removed many detailed breakdowns, including five-year pre­sen­ta­tions of the budgets. And when the gov­ern­ment decreases infor­ma­tion and–including these five-year pre­sen­ta­tions–it reduces the transparency in Manitoba as a whole, and we are all worse off. A gov­ern­ment that is confident in their actions will benefit Manitobans by standing by the infor­ma­tion rather than hiding it.

      Will this gov­ern­ment do the right thing and com­mit to returning to the previous Estimates reporting practices?

Mr. Fielding: The member doesn't want to take yes for an answer. We got–we heard from op­posi­tion, other parties, to make sure that there's more infor­ma­tion being provided in this budget, and that's exactly what this does.

      In fact, also, on a further transparency basis, we tabled all our Estimates of expenditures earlier on–weeks before. We know what the NDP used to do. They used to table it on the same day that those processes would happen.

      Our budget, it makes historic invest­ments in things like health care, in edu­ca­tion, and it makes life more affordable by making sure that there's an edu­ca­tion property tax. We encourage the members opposite to try and make life more affordable for Manitobans as well, but they had the op­por­tun­ity and they voted against the budget, Madam Speaker.

Winnipeg Hospitals
ER Safety Concerns

Mr. Dougald Lamont (St. Boniface): We asked earlier this month about disastrous wait times in ERs, which are still a crisis.

      I table a page from the PC's own wait times task force from December 21, 2017, that warned this gov­ern­ment against closing Seven Oaks and Concordia ERs early, until the St. Boniface ER was fully ex­panded, because patient volume at St. B would arise by 55 per cent. Their warning was blunt–and this is pre-pandemic–that St. B's ER does not currently have in-patient capacity, physical infra­structure and may not have the flow metrics or culture necessary to safely accommodate these increased numbers, and that will still be the case for years.

      Does anyone on the gov­ern­ment side accept re­spon­sibility for ignoring their own task force and closing ERs when they were warned it wouldn't be safe?

Hon. Audrey Gordon (Minister of Health): I thank the member from St. Boniface for the question.

      I do want to put on the record that, since the wait times task force report was released, our gov­ern­ment, in 2018, added 1,000 ad­di­tional hip and knee pro­cedures, 2,000 ad­di­tional cataract procedures to help reduce wait times.

      In 2019, we actually began some of the re­novation on the St. Boniface Hospital that we were so pleased to be out today with several officials to announce $141 million. In 2020, $10-million fund was esta­blished for priority procedures, Madam Speaker, and I've talked many times about the $812 million for clinical pre­ven­tative services plan that will stream­line services–

Madam Speaker: The member's time has expired.

      The honourable member for St. Boniface, on a supplementary question.

Mr. Lamont: The docu­ment I tabled shows the PC gov­ern­ment has been ignoring doctors' warnings on safety for years. When this gov­ern­ment declared mission accom­plished over the pandemic, Shared Health said flat out that we'd see more COVID 'clases' clogging our hospitals, and it's happening now.

      According to WRHA president, CEO Mike Nader, Winnipeg hospitals are seeing a higher than normal spike in COVID admissions, as well as sicker patients than earlier in the pandemic. In­cred­ibly, the Health Minister and the Premier (Mrs. Stefanson) denied it, which is hardly reassuring.

      Since our health-care system's already over capa­city, are we at least going to see a sig­ni­fi­cant ad­vertising campaign pushing the benefits of basic pro­tec­tions like booster vac­cina­tions and masks?

Ms. Gordon: Again, a really great an­nounce­ment today. I would encourage the member for St. Boniface to chat with some of the officials from the foundation that was there, from the WRHA.

      Doctors–[interjection]

Madam Speaker: Order.

Ms. Gordon: –clinicians, were all part of this great an­nounce­ment, shovel-turning ceremony. We actually got to see some of the demolition begin and were able take away some of the bricks in memory of the old hospital.

      So I think the member for St. Boniface should join in some of the excitement about the re­develop­ment of the emergency de­part­ment in his own con­stit­uency, Madam Speaker.

Personal-Care-Home Facilities
Staffing Levels and Em­ploy­ment Contract

Ms. Cindy Lamoureux (Tyndall Park): Manitoba has some of the worst out­comes for seniors in long‑term‑care homes, which is in part due to in­adequate staffing levels. Currently, the province has the same staffing numbers in personal-care homes that we have had for almost two decades, despite a grow­ing and aging popu­la­tion.

      Madam Speaker, staffing contracts for direct-support workers are five years overdue. They have been completely overworked through­out the pan­demic, and this gov­ern­ment has done nothing to address the shortfalls.

      Will the minister commit to proper staffing levels and contracts today for those working in long‑term‑care facilities in Manitoba?

Hon. Scott Johnston (Minister of Seniors and Long-Term Care): I can assure the member that we are fulfilling all of our obligations towards keeping seniors safe based on the Stevenson report, which made recom­men­dations that do address what the member is indicating.

      We have already indicated $15 million support in infectious and allied support, as well as housekeeping, and the next stage of our further invest­ment into as­sist­ing seniors and keeping seniors safe will be further initiatives into ensuring staffing is–needs are met.

St. Boniface Hospital
ER Investments

Mr. James Teitsma (Radisson): Madam Speaker, since taking office, our gov­ern­ment has been and con­tinues to be strengthening–committed to strength­en­ing health care for all Manitobans.

      And it's made it a priority to invest in new emer­gency de­part­ments: $23.3 million at the Dauphin Regional Health Centre; $27.1 million at the Flin Flon General Hospital; and $43.8 million at Winnipeg's Grace Hospital.

      Emergency de­part­ments are critically im­por­tant in the delivery of emergency medicine and our region­al health system as a whole.

      So, can the Minister of Health please tell us even more about the invest­ments being made at the St. Boniface Hospital emergency de­part­ment?

Hon. Audrey Gordon (Minister of Health): I'd like to thank the member for Radisson for the exceptional question–[interjection]

Madam Speaker: Order.

Ms. Gordon: –today.

      Madam Speaker, the Premier (Mrs. Stefanson) and I were able to share with Manitobans that the con­struction on the expansion and modernization of the St. Boniface Hospital emergency de­part­ment has official­ly started.

      Our gov­ern­ment is investing $141 million to triple the size of the current emergency de­part­ment, adding 86,200 square feet in new construction. This will reduce wait times and the length of stay, improve patient and staff experiences, expand the space for an increased number of patients.

      The redeveloped emergency de­part­ment will then ensure that patient- and family-centred care continues to be provided in a safe–

Madam Speaker: The member's time has expired.

Avian Flu Cases
Spread Prevention

Mr. Diljeet Brar (Burrows): Madam Speaker, a case of avian flu was recently discovered in a com­mercial poultry flock in Manitoba. This one case resulted in the culling of 7,000 chickens.

      Manitoba poultry owners are concerned about the safety of their flocks. They want to know that this gov­ern­ment is taking actions to make sure avian flu doesn't spread any further.

      Can the minister outline the steps that are being taken to contain the spread?

Hon. Derek Johnson (Minister of Agriculture): I'd like to thank the member opposite for the question.

* (14:40)

      This member should know that, through the chief veterinary office, Manitoba Agri­cul­ture has initiated preparedness and planning discussions with the re­gion­al CFIA office, and has provided an existing prov­incial avian influenza plan for review with the Canadian Food Inspection Agency. The member should also know that the chief veterinary office is monitoring locations and frequencies of the highly pathogenic avian influenza cases in wild birds and domestic poultry.

      I want to thank the chief veterinary office and the De­part­ment of Agri­cul­ture for their outstanding work on this issue.

Madam Speaker: The honourable member for Burrows, on a supplementary question.

Mr. Brar: Avian flu is spreading in wild bird popu­la­tions through­out the world. As migratory birds return to Manitoba, there's fear that they will spread the virus to com­mercial poultry. It's already happened once. Manitobans want to know that their flocks are safe from this virus.

      Will the minister provide details on how Manitoban flocks will be protected?

Mr. Johnson: I'd like to thank the member opposite for the question, and maybe next time, he'll take me up on the briefing that I offered for him with the de­part­ment.

      The member should know that the avian influenza is a national reportable disease and therefore involves the Canadian Food Inspection Agency and Public Health. Supply managed groups have protocols in place and there are national standards for farm poultry biosecurity. We as a Province oversee these opera­tions; however, once the disease is identified, the federal gov­ern­ment takes over. I would like to direct the member to the Gov­ern­ment of Canada–to the website where there is a collection of infor­ma­tion on avian influenza.

      Once again, I would ask the producers or owners that have concerns with the health of their flock–

Madam Speaker: The member's time has expired.

      The time for oral questions has expired.

      Petitions? Seeing no petitions, grievances?

ORDERS OF THE DAY

(Continued)

GOVERNMENT BUSINESS

House Business

Hon. Kelvin Goertzen (Government House Leader): On House Busi­ness, first an an­nounce­ment. Pursuant to rule 33(11), I'm announcing that the private member's reso­lu­tion be considered on the next Tuesday of private member's busi­ness will be the one put forward by the hon­our­able member for Tyndall Park (Ms. Lamoureux). The title of the reso­lu­tion is: Calling on the Prov­incial Gov­ern­ment to Increase Invest­ment to School Nutrition Programs.

Madam Speaker: It has been announced that the private member's reso­lu­tion to be considered on the next Tuesday of private member's busi­ness will be one put forward by the hon­our­able member for Tyndall Park. The title of the reso­lu­tion is: Calling on the Prov­incial Gov­ern­ment to Increase Invest­ment to School Nutrition Programs.

* * *

Hon. Kelvin Goertzen (Government House Leader): Could you please call for second reading debate this afternoon bills 33, 34, 2, 21 and 30, and then resume second reading debate on bills 7, 8 and 16.

Madam Speaker: This afternoon, the House will be resuming con­sid­era­tion of second reading of specified gov­ern­ment bills. As a reminder, limited debates will be taking place in accordance with rule 2(10), with the exception that after each debate concludes, the speaker shall put the question on the bill under con­sid­era­tion.

      For gov­ern­ment specified bills that require the second reading motion to be moved, the minister respon­si­ble will move the second reading motion and then speak for up to 10 minutes. A question period of up to–15-minute question period will be held, after which the official op­posi­tion critic and the in­de­pen­dent Liberals are entitled to speak for up to 10 minutes each. Once these steps are completed, the question will be put on the reading–second reading motion for that bill. The bills in this category include bills 33, 34, 2, 21 and 30.

      For specified gov­ern­ment bills that have already started the second reading process, the House will deal with the remaining actions that are required to ensure that the question period is finished and the official op­posi­tion critic and the in­de­pen­dent members have the op­por­tun­ity to speak up to 10 minutes each, if they have not already done so. Following this, the question will be put on each bill individually.

      The bills in this category are Bill 7, with the in­de­pen­dent Liberals getting the op­por­tun­ity to speak for 10 minutes; Bill 8, the official op­posi­tion critic, the hon­our­able member for St. Johns (Ms. Fontaine), has eight minutes remaining, followed by the in­de­pen­dent Liberals for 10 minutes each; Bill 16, the hon­our­able members for River Heights (Mr. Gerrard) and for Tyndall Park (Ms. Lamoureux) will have the op­por­tun­ity to speak for 10 minutes each.

      The House is to sit until midnight with points of order and matters of privilege to be deferred until all questions have been put. At midnight, there is to be no further debate. At that time, second reading motions will be moved and the question put imme­diately, without debate, and the bells can ring for more–no more than one minute on each question.

Mr. Goertzen: As the result of a scheduling conflict, despite all of what you just said, I look forward to yielding the floor to the hon­our­able minister respon­sible for munici­pal affairs.

Second Readings

Bill 33–The Municipal Assessment Amendment and Municipal Board Amendment Act

Madam Speaker: Okay, I will now call second reading of Bill 33, The Munici­pal Assessment Amend­ment and Munici­pal Board Amend­ment Act.

Hon. Eileen Clarke (Minister of Municipal Relations): I move, seconded by the Minister of   Educa­tion and Early Child­hood Learning (Mr. Ewasko), that Bill 33, the municipal assessment amend­ment and municipal board amendment, be read a second time and referred to a committee of this House.

      His Honour the Administrator has been advised of the bill, and I table this message.

Madam Speaker: It has been moved by the hon­our­able Minister of Munici­pal Relations, seconded by the hon­our­able Minister for Edu­ca­tion and Early Childhood Learning, that Bill 33, The Munici­pal Assessment Amend­ment and Munici­pal Board Amend­ment Act, be now read a second time and be re­ferred to a com­mit­tee of this House.

      His Honour the Administrator has been advised of the bill, and the message has been tabled.

Ms. Clarke: Bill thirty-thee–three modernizes how Manitobans are able to access their property assess­ment notices. It allows munici­palities to improve ac­cess to assessment roll infor­ma­tion, and it supports the Munici­pal Board in scoping and managing planning appeals.

      De­part­ment officials and I have had the op­por­tun­ity to meet with the munici­pal and industry stake­holders to share ideas and col­lab­o­rate on a path forward to enhance planning and dev­elop­ment in Manitoba. I'd like to take this op­por­tun­ity to thank the numer­ous stake­holders and the Manitobans who have partici­pated in en­gage­ments and discussions that ul­timately led to the dev­elop­ment of this legis­lation.

      This bill enhances assessability and transparency of assessment infor­ma­tion, and it improves client ser­vices for the property owners. This legis­lation will allow assessment notices to be sent electronically and enable munici­palities to share assessment roll infor­ma­tion online. Enabling property owners to access their assessment notices and assessment rolls elec­tron­ic­ally will bring Manitoba in line with current customer service standards already adopted by other juris­dic­tions, as well as private companies.

      Bill 33 also supports and clarifies the enhanced author­ity of the Munici­pal Board to scope and manage planning appeals effectively and efficiently. Bill 33 will further support the suc­cess­ful imple­men­ta­tion of planning appeals under the planning amend­ment of the City of Winnipeg Charter Amend­ment Act, pro­claimed October 29th of 2021.

      First, Madam Speaker, I will address the amend­ments we are proposing in The Munici­pal Assessment Act.

      Currently, in Manitoba, all property owners re­ceive their notice of assessment via mail, with no op­tion to receive it electronically. Manitoba prints and mails assessment notices for property owners outside of the city of Winnipeg.

      Our proposed legis­lative changes will enable electronic assessment notices to be sent to the property owners. For example, it enables the City of Winnipeg to send electronic assessment notices, should they choose to in the future.

      And, I'm pleased to announce that, effective later this spring, people in all other munici­palities will have this option–or, pardon me, op­por­tun­ity to sign up to receive electronic assessment notices through my de­part­ment's new initiative, mypropertyMB.

      An electronic assessment notice will replace paper notices if Manitobans opt in to receive this elec­tronic notice. Property owners will be able to access and save electronic version of their notice in a place that's convenient for them.

* (14:50)

      Migrating property owners to electronic services, along with the reduction in the print services offered, represents a sig­ni­fi­cant op­por­tun­ity to improve client service and infor­ma­tion ac­ces­si­bility for property owners. It also presents an op­por­tun­ity for cost savings and reduce the Province's environ­mental foot­print.

      Legis­lation currently requires the 'assepsment' roll to be available in a munici­pal office during office hours, implying that citizens are required to visit muni­ci­pal offices to view their assessment rolls. These legis­lative amend­ments will enable munici­palities to also provide online access to their assess­ment rolls so citizens could view them at a place and a time that is convenient for them. Certain personal identifying infor­ma­tion of property owners will be removed from roll infor­ma­tion before it is shared online. The proposed legis­lation aligns with our de­part­ment's objectives of enhancing transparency and client services.

      Now, Madam Speaker, I'd like to turn to the proposed changes to The Munici­pal Board Act. We  have been listening to stake­holders. The input we  received from the Association of Manitoba Municipalities, the public and other stakeholders has helped shape these amend­ments.

      Planning appeals are fun­da­mental to open and fair planning systems and are necessary for upholding trans­­par­ent and accountable decisions. The proposed amend­­ments will stream­line processes, improve trans­parency and ensure timely reso­lu­tions for planning appeals with the Munici­pal Board moving forward.

      Bill 33 gives clear author­ity to the Munici­pal Board to work with parties to use effective and mutually beneficial alternatives to more costly and time-consuming public hearings. If both parties to an appeal agree to engage in meditation–mediation, such as a case manage­ment rather than a hearing, they will have a maximum of 60 days to reach that mutual agree­­ment. This timeline will allow the Munici­pal Board to allocate sufficient time for parties to mean­ingfully engage in consensus building. To stream­­line the planning appeals process further, appellants will be required to state grounds for their appeal in their initial filing with the board. This will improve transparency and account­ability while helping to narrow and limit the scope and the extent of future appeals to the board.

      The Munici­pal Board will also have the author­ity to dismiss appeals for reasons written in legis­lation. The board may dismiss an appeal at any point prior to the hearing with written notification for reasons such as subject matter that is frivolous or not within the board's juris­dic­tion. Appellants then in turn must be provided an op­por­tun­ity to be heard by the board as to the dismissal.

      The amend­ments we are proposing provide a con­sistent framework for the planning application and the appeal process. Munici­palities and planning districts will continue to exercise their author­ity in esta­blish­ing local bylaws, standards and require­ments.

      Overall, I have to say that I am pleased with this legis­lation, that it delivers on our gov­ern­ment's com­mit­ments to improve client services, reduce costs and stream­line planning processes.

      Thank you, Madam Speaker.

Questions

Madam Speaker: A question period of up to 15 minutes will be held. Questions may be addressed to the minister by any member in the following sequence: first question by the official opposition critic or designate; subsequent questions asked by critics or designates from other recognized opposition parties; subsequent questions asked by each independ­ent member; remaining questions asked by any oppo­sition members; and no question or answer shall exceed 45 seconds.

Mr. Matt Wiebe (Concordia): I suppose my first question maybe should just be to give the minister a chance to catch her breath. I ap­pre­ciate her rushing in to ensure that she's here for this part of the process in terms of Bill 33.

      The question I have is: This bill allows permit notices and other docu­ments to be sent electronically and to deter­mine when such notices and docu­ments are considered to be received. How will this work for those who have limited access to email?

Hon. Eileen Clarke (Minister of Municipal Relations): I thank my critic for the question, and I also at this time want to thank him for being at AMM last week. It was good to know that our gov­ern­ment as a whole was well represented there, and I know that it was ap­pre­ciated by all who attended.

      And in regards to the electronic process here, we realize it's going to take time to transition and that there is limited access, of course, with Internet across our province, but that's why there is an option for that mail–still to get the mail-in notice of assessment, but it will take time to transition as more and more come–more familiar with the process.

Hon. Jon Gerrard (River Heights): I notice that the–for those notices which come in by mail, that it's deemed to be received on the third day after the notice or docu­ment is mailed. My ex­per­ience in rural Manitoba is that very often people don't get mail for a week, and I–this seems quick when we're working in a lot of rural Manitoba and some fairly remote regions. I wonder if the minister would comment.

Ms. Clarke: I'd like to acknowl­edge that the member opposite has a very good point.

      I–living in a rural area, I certainly do recog­nize that mail–receiving mail in three days is virtually, pro­bably non-existent even when you pay extra mail–postage for it to happen. So I have made note of that and I will certainly take that back.

      Thank you.

Mr. Wiebe: Well, it seems like the member for River Heights and I are on the same page, so I ap­pre­ciate him expediting the process of getting to the point I was trying to make.

      I guess I wanted to just ask a little bit about the con­sul­ta­tion process with regards to this bill. Obvious­ly, there were a lot of concerns around bill 37, you know, not least of which from the association Manitoba munici­palities. I know that this bill tries to address some of those concerns.

      Can the minister talk about the process that was under­taken to consult with the AMM and others?

Ms. Clarke: Again, a good point taken.

      I'm–I find comfort in the fact that–when I was aware that there is a table, a group table that has been working not only on bill 37, which has now been passed, but also on the next phases.

      This is a process. I mean, this was intro­duced in 2019. We're now in 2022, so this isn't anything that's happening at lightning speed. And we do have what I would consider a very pro­fes­sional and knowledge­able group of people that are on this working table that are literally from gov­ern­ment, from munici­pal and the de­part­ment–

Madam Speaker: The member's time has expired.

Mr. Gerrard: Yes, also, following up on what I raised earlier, but this time with the email.

      I note that the email is deemed to be received on the date that the electronic com­muni­cation is sent. Now, not everybody looks at their email every five minutes or even every day, and it seems to me that, parti­cularly, there will be people who look at their email perhaps only during the working week, or perhaps only on weekends.

      But I would suggest that that be changed to the day–the next working day after it is sent–

Madam Speaker: The member's time has expired.

Ms. Clarke: I agree probably not everybody looks at their email every day, and I don't know that's it's expedient that they have to look at every docu­ment as soon as they receive it every day. I don't know how most people do their busi­ness, but I'm–like, I hear my colleague say, I'm 'len' my Internet probably several times a day from early–early, early morning until late night.

      So I think the fact that it is sitting there, it is upon the due diligence of the person receiving it to check emails if they're expecting other docu­ments.

Mr. Wiebe: Before I ask my next question, I just want to ensure that the minister is clear that the reason why this bill didn't move through at lightning speed, as she called it, was because of the work of the official op­posi­tion in holding up and stopping that piece of terrible legis­lation along with so many others. So I'm glad that she's on board with that, and appreciates now how im­por­tant it was for us to do that and to hold up that piece of legis­lation.

      I'd like to ask the minister, what is accom­plished by giving the board the power to dismiss a hearing without hear–sorry, dismiss a matter without hearing in certain circum­stances, and what pro­tec­tions are there for those who do wish to have a hearing?

* (15:00)

Ms. Clarke: I think any of us that have worked in any capacity of the munici­palities or planning or bylaws would certainly understand what frivolous means. There are certain issues that come forward that need some type of mediation or an appeal where you can clearly understand, just by reading it, that it's either personal conflict or some­thing. It would have to be very clear if it was going to be dismissed in that respect.

Mr. Gerrard: Madam Speaker, we live in a world where, in­creasingly, we are–have to deal with hacking and cyber attacks and those sorts of things. As we move into this electronic com­muni­cation realm, I would ask the minister what measures are being taken with regard to hacking and so on when we're moving into this world for munici­palities all over the province, where, in some cases, they may not have the ability to have real, major expertise in dealing with hacking.

Ms. Clarke: I think we're talking about an assessment notice here. It's not exactly the most critical, although, you know, we all want to receive our assessments and there's plenty of time to receive the assessments. But, you know, to start talking about cyber attacks, et cetera, over an assessment being sent electronic­ally–I think, if there is such an attack, it would affect a lot more than just assessment rolls being sent out.

Mr. Wiebe: This bill, obviously, makes changes that impact the munici­pal assessment board. Likewise, Bill 24 was another bill that this gov­ern­ment was attempting to pass in this session. We've held that bill up with the intent to allow munici­palities more time to get briefed and get more infor­ma­tion.

      Can the minister talk about the relationship between this bill and Bill 24 and how that might impact munici­palities?

Ms. Clarke: This bill stands alone. I mean, this is part of bill 37–it's a continuation. It's a bill that is part of the process to modernize our planning, work more regionally and move our province forward.

      When you look back, and when we're talking about the Municipal Board, the member opposite heard this week, too, when we took over in 2016, we were nine years behind in assessment appeals–two hundred–2,243 cases. That's not the case anymore. So, I mean, the fact that we're actually doing the work–and that is partially why it's taking a little bit longer, is because we're–we had to catch up to get going fresh.

Mr. Gerrard: Yes, switching to an electronic world where all this infor­ma­tion is flowing electronically means that people are going to have to be on top of their computers and make sure that they're working all the time. Some com­mu­nities will have people who are expert in making sure that computers can be repaired rapidly, but others may not.

      Will the process take into account the fact that, in some cases, people will not get notices because their computer is not working?

Ms. Clarke: I'm probably one of the most elec­tronically challenged people that there is in the room right now, but I do get certain amount of my bills electronically every month.

      And I think for those who are choosing–you get the choice to have this done electronically; you have a choice to get it by mail–and if you're choosing to get it electronically, you know when they're coming and you can be watching for it if you're really, you know, that anxious to get it, as such. But it's the way of our world, working more quickly, and this is still just an option.

Mr. Wiebe: Well, the minister admits that this is a continuation of bill 37 which, I would remind her, is still universally criticized by munici­palities across the province. And, you know, one of the fun­da­mental con­cerns that those municipalities had was with regards to their demo­cratic autonomy.

      So I'm asking the minister: What in this bill ad­dresses the concerns that Manitoba munici­palities have with regards to their autonomy and their demo­cratic right to choose for their ratepayers?

Ms. Clarke: Of course, the regula­tions for bill 37 are still being worked on. The AMM, for instance, has member­ship or staff sitting on this working table. They meet on a regular basis. They are going to con­tinue to meet on a regular basis. This is a living docu­ment. We will keep working at it. They have every op­por­tun­ity as do the industry to bring forward any concerns that they have. It will be just worked with until–is there going to be changes along the way? Of course there is. And there is a review every three years.

Mr. Gerrard: Yes, I'd like to ask the minister whether she's considered, given that there may be issues or glitches, to have a transition period of six months or a year where there's a little bit more leniency if there are glitches in dealing with these matters.

Madam Speaker: The hon­our­able member for–the hon­our­able Minister for Munici­pal Relations.

Ms. Clarke: And, of course, I think having worked as a busi­nessperson with gov­ern­ment in the past, whether it was sales tax or anything, I always found most gov­ern­ment de­part­ments were very under­stand­ing, especially when there's a new process and people are learning. I would imagine that there would be a lot of under­standing if there's extra instructions required or anything of that sort.

Mr. Wiebe: Of course, one of the arguments against bill 37 was that this gov­ern­ment, rather than looking at the ex­per­ience of other provinces and learning from those other juris­dic­tions, they were, you know, sort of repeating some of those same mistakes that other juris­dic­tions undertook.

      How does this bill address some of those con­cerns, and how does it contrast to other juris­dic­tions and their similar legis­lation?

Ms. Clarke: Although the member indicates that we have not learned from others in other juris­dic­tions, we certainly have. And I guess the big–best part of it all is most other cities across Canada have transitioned to this, and we have taken the best practices of every­body else and are designing Manitoba's. It's a made-in-Manitoba transition, and I think they have actually done a very good job working on it to this point.

Madam Speaker: Are there any further questions?

Debate

Madam Speaker: If there are no further questions, the floor is open for debate.

Mr. Matt Wiebe (Concordia): I ap­pre­ciate the op­por­tun­ity to rise and put a few words on the record with regards to Bill 33, and as the minister mentioned in her opening comments, or I guess in one of the answers to the questions, we did have an op­por­tun­ity to be together in Brandon last week to hear directly from munici­palities from across the province.

      I think if I remember hearing correctly, some­where north of 400, 500 delegates, 600 delegates who were present in Brandon. It was fantastic to be together with those elected officials in person again, Madam Speaker, and in a much more relaxed way even than we had been able to just this last fall.

      So it was very much ap­pre­ciated on my part, and I commend the minister for making herself available to those munici­palities, and I do believe taking the time to make herself available to put on the words–her words on the record, so to speak, in terms of the con­vention of what their gov­ern­ment sees as priorities.

      But, you know, I know that the minister would have heard the same things I heard, which were, I mean, first of all, a fun­da­mental disappointment in this gov­ern­ment in terms of their funding and their support of local gov­ern­ment.

      But with regards to bill 37, this is still an issue that is live and is certainly an issue that munici­palities wanted–made sure to pull me aside in the convention hall or while I was walking through the hallways, to ensure I knew just how detrimental bill 37 will con­tinue to be on their munici­palities.

Mr. Andrew Micklefield, Deputy Speaker, in the Chair

* (15:10)

      You know, we've been accused many times as an op­posi­tion of fear mongering, and, you know, even now we hear members opposite say, don't worry, just trust us, this time it's different. Bill 37, you know–well, I guess I should say let's back up a little bit, be­cause it was actually bill 48, originally, that we halted in its tracks when the gov­ern­ment was saying, don't worry, just trust us. Munici­palities said, we had no con­sul­ta­tion on this legis­lation, this was terrible legis­lation and very con­cern­ing to us. We stood up, you know, and it wasn't without some backlash. Members opposite said, well, you know, this is–we need to get this legis­lation moving forward; it has to be done. Course, we know that was because of the premier's timeline to get out and run far away from this sinking ship.

      But we held it up, and we made sure that Manitoba munici­palities had that op­por­tun­ity to look at this legis­lation and to consult and talk to the gov­ern­ment, and they did. They did the heavy lifting. They went in and made sure the minister knew exactly how bad this legis­lation was going to be in terms of affecting their local autonomy and their demo­cratic right as local elected officials. But also to address those issues around red tape, around, you know, possibly, situations where, you know, different cases were brought forward that were not sub­stan­tial and would tie up the process–would actually make things less efficient for these munici­palities, put a lot of the burden–the admin­is­tra­tive burden–back onto munici­palities.

      This was part of their message that we brought forward as an official op­posi­tion, and, of course, then the gov­ern­ment came back and said, well, just trust us again; here's bill 37.

      Now, of course, the gov­ern­ment is the gov­ern­ment, and they get to push through and ram through any legis­lation that they see fit, and so, of course, they did. They did exactly that, despite the concerns of munici­palities across the province, and I want to make that very clear, Mr. Deputy Speaker.

      You know, as much as this is an issue affecting metro Winnipeg and some of the munici­palities sur­round­ing, and they have very specific concerns with regards to this legis­lation, we know that this is a concern across the province. And when I was able to visit–in many cases virtually, but visit those munici­palities, we heard over and over again that bill 37 was just a copy of bill 48 and that we were going to run into some of the same problems.

      So fast-forward here to this bill today, Bill 33. And what we know is, is that the gov­ern­ment, again, is continuing to backtrack, is trying to run away from its record of trying to jam this legis­lation through, and they are trying to make sure that some of the exact same issues that we said munici­palities had with their original legis­lation would come to pass. They are try­ing to backtrack, and they're trying to say, well, now–now it's better, and now, just trust us.

      Well, again, we were at AMM. I certainly heard it. I know the minister–well, you know, she heard it; did she listen? I'm not sure.

      But the point was is that munici­palities were loud and clear saying that this was–this is, again, legis­lation that doesn't actually–it doesn't actually address the issue that they're having with regards to their local autonomy and their ability to have a say when it comes to, you know, proposed development, et cetera.

      This piece of legis­lation does make some, again, admin­is­tra­tive changes. It does allow for electronic docu­ments, which, you know–this is like a suite of legis­lation that's coming forward now from this gov­ern­ment that's basically saying, okay, you know, it's now 2022, and we're going to catch up. You know, I'd call that housekeeping at best, but, you know, I'll give it–I'll give the gov­ern­ment their due. Absolutely, let's move into the future when it comes to the ability to com­muni­cate with ratepayers–in this case, munici­palities. Let's have their ability to be more efficient in their process and with the munici­pal board.

      But, again, this is not the groundbreaking stuff that maybe the minister wants people to believe. This doesn't address the fun­da­mental issues that munici­palities have with bill 37. And so as they muddle their way through this and continue to change or amend or bring forward legis­lation–including, as I said, Bill 24, which, you know, I was hoping the minister would give some insight into why they would bring forward a piece of legis­lation for second reading without even having briefed the–and spoken to in a full, kind of com­­pre­hen­sive way those munici­palities who are going to be affected.

      And, you know, I don't know know if the AMM has been briefed but I will tell you that munici­palities around the province are reaching out to us to say, we're concerned.

      So we're, you know, we're happy to, once again, hold up legis­lation, give them an op­por­tun­ity to be briefed, not just the AMM but, you know, anyone else that needs that infor­ma­tion, and we want to work with them to make sure that their concerns are once again heard, because as we're moving forward under this new regime that's been installed under bill 37 we have to ensure that we get the details right because we don't want things to be hung up in the–at the Munici­pal Board.

      We certainly don't want the voices of local resi­dents to be drown out by a board–an unelected board that has no account­ability and no, you know, no rea­son to listen to the concerns of citizens–really is just singularly focused and is focused in a way that is, you know, at the end of the day, ultimately, you know, pushed forward or controlled by the minister of munici­pal affairs and the Cabinet and, in this case, the Premier (Mrs. Stefanson). So we have some serious concerns with this.

      That being said, Mr. Deputy Speaker, I will say that as part of our Manitoba process, you know, this is now going to pass today–second reading–and I look forward to now listening to those munici­palities who are going to come forward, who are going to give us their best advice, who are going to talk about the issues that they've had with the Munici­pal Board, how this legis­lation is going to either help or hurt them in terms of their admin­is­tra­tion burden and creating more red tape. And I look forward to hearing from them and taking that advice forward.

      What I'd ask of the gov­ern­ment, and I do hope that they are listening, that they would consider, if there are amend­ments, if there are changes that need to be made, that they would listen to those. Again, you know, the minister, in her answers today, seemed to take, you know, take some notes and be willing to work with us, so I think that's a good indication of where we might land, but it is im­por­tant now to follow through on that.

      And we're going to like to listen to munici­palities, who are then going to make sure that the gov­ern­ment gets the message loud and clear. And as the–as we move forward through this process again–Bill 24, other pieces of legis­lation that are before the Legislature now that will, you know, that will impact this process, and any new ones that are coming down the line, because I would imagine there's more to come from this gov­ern­ment–we want to make sure that we're doing our due diligence, holding up any bills that have sig­ni­fi­cant concerns out in the com­mu­nity and really bringing those voices forward. I think that's an im­por­tant role that we can play as an official op­posi­tion. And again, with a gov­ern­ment that might actually listen, we could make some positive changes.

      So, I look forward to seeing this legis­lation moved to the second reading process and public hearings.

      Thank you, Mr. Deputy Speaker.

Hon. Jon Gerrard (River Heights): This bill brings in the potential for use of electronic com­muni­cations widely in rural Manitoba. It enables assessment infor­ma­tion to come online and it permits docu­ments of varied natures to be sent electronically.

      These are positive moves and certainly ones which we're ready to support. The concerns that we have are on the transition from where we are now to where we want to go, where more and more is done and available and working well electronically.

      We're concerned that the timelines, whether it is for mail or whether it is for electronic com­muni­cations, are not made too tight. In part, this is because, although an assessment notice may not have a quick timeline, very often these timelines will then be used for other things which may, indeed, have quicker re­quired turnaround times for people. And we think that when you're setting up a system which is going to be used widely, electronically, that it's im­por­tant to have different purposes for that system working in a similar way and a similar timeline in terms of when mail and when electronic com­muni­cations are deemed as being received because people will remember that better if there is a con­sistent timeline for having accepted that an email has been received.

* (15:20)

      We also think that, parti­cularly in rural areas, and this is a assessment for outside of Winnipeg, that there are con­sid­era­tions in terms of computers not working, in terms of people being hacked, et cetera, that it's im­por­tant to have a transition period we suspect of about a year. And in that transition period, there will be more leniency.

      Now, it is good that the minister has put on record her ex­pect­a­tion that there would be leniency because that will–comments on record here in Hansard can then be used for people who are trying to deal with an electronic com­muni­cation and having some problems in the early phase of this procedure.

      So, with those comments, I look forward to this moving on to com­mit­tee stage and whatever com­ments or discussions that people will have, and for this change to be made for rural Manitoba, which will actually bring what happens outside of Winnipeg closer to what is being done in Winnipeg, which will be a good thing and a good alignment.

      So, thank you. Merci. Miigwech.

Mr. Deputy Speaker: The question before the House is second reading of Bill 33, The Municipal Assessment Amendment and Municipal Board Amendment Act.

      Is it the pleasure of the House to adopt the motion? [Agreed]

Bill 34–The City of Winnipeg Charter Amendment and Planning Amendment Act

Mr. Deputy Speaker: We now move to Bill 34, The City of Winnipeg Charter Amendment and Planning Amendment Act.

Hon. Eileen Clarke (Minister of Municipal Relations): I move, seconded by the Minister of Trans­por­tation and Infra­structure (Mr. Piwniuk), that Bill 34, The City of Winnipeg Charter Amendment and Planning Amendment Act, be now read a second time and be referred to a com­mit­tee of this House.

Motion presented.

Ms. Clarke: Bill 34 will amend The City of Winnipeg Charter and The Planning Act to stream­line land‑use planning, reduce red tape and modernize building in­spec­tion processes. This bill is a priority for the govern of Manitoba and supports key recom­men­dations of the 2019 Treasury Board review of Planning, Zoning and Permitting in Manitoba, and it builds on previous legis­lative changes under the planning amend­ment and City of Winnipeg Charter amend­ment act that was passed May 20, 2021, pre­viously known as bill 37.

      We have been listening to stake­holders. The in­put we received from the Association of Manitoba Munici­palities, the public and other stake­holders such as pro­fes­sional planners and the dev­elop­ment industry has helped shape this legis­lation.

      I'd like to take this op­por­tun­ity to thank the numer­ous stake­holders for their feedback and work­ing with our gov­ern­ment to improve and modernize processes in Manitoba.

      Ensuring munici­pal gov­ern­ments make decisions on planning applications with con­sistent timelines across the province provides greater certainty needed for development and invest­ment. Now, more than ever, this is critical to support recovery efforts from the challenges created by COVID‑19.

      Bill 34 compliments and clarifies existing time­lines in The City of Winnipeg Charter and The Planning Act, including requiring planning author­ities to deter­mine whether a planning application is com­plete or not within 20 days and move it through their processes, and reducing the timelines to file an appeal to the Munici­pal Board on sub­divi­sions, aggregate quarries and large-scale livestock operations from 30 days to 14 days under The Planning Act to align with other appeal timelines. This ensures that any appeal is identified early.

      In response to stake­holder feedback, the bill also aligns the timelines on planning applications in the legis­lation to be extended with the agree­ment of the parties.

      This bill also gives planning author­ities the ability to hold combined hearings on two or more planning applications, further stream­lining timelines.

      Another im­por­tant feature of Bill 34 is that it cre­ates greater clarity and transparency around se­condary plan processes within the City of Winnipeg. Bill 34 provides legal framework for the City of Winnipeg to implement its secondary plan policies as outlined in the proposed Complete Com­mu­nities 2.0 plan. Under this legis­lation, the City can only require an applicant to prepare a secondary plan if it has adopted a bylaw that sets con­sistent rules on when a secondary plan is required and what the require­ments actually are.

      This brings added transparency and 'consistenty' to this im­por­tant tool, and the bill brings secondary plans into alignment with other planning processes by esta­blish­ing timelines and giving applicants the right to appeal missed timelines and council decisions on applicant-prepared secondary plans to the Munici­pal Board.

      Bill 34 also reduces red tape for the city of Winnipeg property owners as well as the court system. Amend­ments will remove outdated need to annually audit Winnipeg's Sinking Fund Trustees twice. They will also reduce red tape around property removal and demolition on land and tax arrears by removing the re­quire­­ment for one step of what used to be a two-step process. These changes align with the work of the City of Winnipeg-gov­ern­ment of Manitoba col­lab­o­ration tables subcommittee on the City of Winnipeg Charter that continuous to find ways to reduce red tape and remove out–improve out­comes.

      Bill 34 also amends the City of Winnipeg Charter act to create a new definition of designated official to enable the City of Winnipeg to choose either a desig­nated employee or designated official to conduct build­­ing and fire inspections. This means the City of Winnipeg will have the same ability to engage third parties in inspections as already exists in other muni­ci­palities that choose to do it in the rest of Manitoba.

      The Province of Manitoba is taking respon­si­bility to ensure that the regula­tory processes in our province operate in efficient, trans­par­ent and con­sistent manner and achieve the desired out­comes. These changes to the City of Winnipeg Charter and The Planning Act deliver on our gov­ern­ment's commit­ment to modern­ize and stream­line planning processes and reduce red  tape, an un­neces­sary admin­is­tra­tive burden on Manitobans and key stake­holders.

      I am confident that Bill 34 will support economic growth and ensure Manitoba remains competitive and attractive for busi­ness and job growth.

      And, finally, before I close, I would like to take this op­por­tun­ity to recog­nize Mike Teillet and his 'contribusions' to the land-use planning fields over the last 45 years, including 30 years with the gov­ern­ment of Manitoba through various gov­ern­ment admin­is­tra­tions. After officially retiring from the Province of Manitoba in 2007, Mike re­turned to gov­ern­ment in 2019 to provide leadership on a number of strategic projects, including this work in improving our approach to planning.

      Mike has been a leader in the field of land use planning and has continuously demon­strated both a pro­fes­sional and a personal commitment to building vibrant, healthy and safe com­mu­nities across our province.

I want to thank Mike for his service to Manitobans and wish him well as he embarks on a new chapter, and I want to thank him for taking a great deal of time briefing me and getting me up to speed.

      Thank you, Mr. Deputy Speaker.

Questions

Mr. Deputy Speaker: A question period of up to 15 minutes will be held. Questions may be addressed to the minister by any member in the following sequence: first question by the official op­posi­tion critic or designate; subsequent questions asked by critics or designates from other recog­nized op­posi­tion parties; subsequent questions asked by each in­de­pen­dent member; remaining questions asked by any op­posi­tion members. And no question or answer shall exceed 45 seconds.

Mr. Matt Wiebe (Concordia): One of the most surprising parts of the process of bill 37 was how developers came to com­mit­tee here in the Legislature to speak out about that bill and some of the issues that they had with it.

* (15:30)

      Can the minister talk about the con­sul­ta­tions that she undertook, spe­cific­ally with who, with regards to Bill 34?

Hon. Eileen Clarke (Minister of Municipal Relations): Well, I thank the member opposite for the question.

      When he talks about munici­palities be very un­happy with these bills in parti­cular, I found quite the opposite last week after sitting down and taking the time to discuss, you know, what was happening, where we've been, what we're doing, where we plan to go.

      Very often it was, you know, this is complicated, this has changed, I don't know that I fully understand it. And it was–that's why it was so great to have that op­por­tun­ity, one-on-one, to discuss their concerns and clarify what they weren't under­standing. We have 137 munici­palities across this province and that's a lot of councils to deal with–

Mr. Deputy Speaker: The minister's time has expired.

Hon. Jon Gerrard (River Heights): Yes, one of the aspects or one of the facts which is going to be im­por­tant in interpreting this is the definition of a secondary plan.

      Now, I gather the secondary plan can be a specific neighbourhood or region, or part of a city like Winnipeg.

      How big or how small can that be, that you could have a secondary plan? Can it be a house, or has it got to be a block? Or is it–you know, what's the size of the–a unit that would be a secondary plan?

Ms. Clarke: I would say to the member opposite, when we're talking a secondary plan, that is a plan that is specific to a given area that makes them unique from the greater regional group. And in secondary planning it can be–I will not give a definition of what type of structure, whether it's a single unit or a multi-, you know, family unit, but it is something that is unique to that parti­cular area of planning.

Mr. Wiebe: Well, again, you know, the minister is talking about the concern that munici­palities have, and certainly there's no question that they did. You know, that's why they came to com­mit­tee with con­cerns around bill 37.

      I guess what I'm asking is, though, with regards to developers, that was one of the most surprising elements of that process, was that developers came to this Legislature and were concerned. Now, these in­cluded some of the developers who sat on the working group that the minister had esta­blished.

      So I'm asking her, who is on that working group now and which developers is she consulting with on this legis­lation?

Ms. Clarke: Mr. Deputy Speaker, I'm not going to name the developers by name. There were several of them and I have met with them, spe­cific­ally since I've been in this office, the past three months. And I've got some of the comments here that they left with me, and it was in the past. They have walked away because they got lost in the process.

      They have indicated that our economy was stalled, the way things were. There was no account­ability. They had to go to too many different offices. There was too much red tape. And they indicated that, by what we're doing by improving the economic dev­elop­ment practices based on what's being done here in Canada and globally, with positive results for resi­den­tial and other dev­elop­ment, we are on the right track. And that was their words.

Mr. Gerrard: To the minister: This legis­lation would decrease the timeline for an appeal to the Munici­pal Board from 30 days to 14 days.

      What sort of public awareness is the minister going to carry out so that she can be assured that there will be widespread awareness of this change once the bill is passed?

Ms. Clarke: The member opposite has a good point. This is a lot of change, and there is going to be a lot of com­muni­cation required.

      We're already working on the com­muni­cation strat­egy, and I have to say, like, by attending events as AMM. They have June district meetings coming up in June that covers seven different regions across the province. There will be a lot of work done to com­muni­cate in a very effective manner. I've made it very aware to all the different stake­holders that I will be expecting strong com­muni­cation and strong trans­parency.

Mr. Wiebe: Well, I'm concerned that the minister won't, you know, divulge who she's consulting with because, you know, as I said, it was quite striking to hear from those developers. But spe­cific­ally, you know, some of these changes are very favourable to the work that they–and the concerns that they had.

      So, why she wouldn't put that infor­ma­tion on the record, I'm not quite sure. You know, and I know in other cases, ministers have agreed to bring that infor­ma­tion forward at com­mit­tee stage or whatever, so I'd just, you know, open that back up for her.

      Concern is with regards to the timelines for ap­plication processing, which can be extended with agree­­ment of the applicant. Can they also be extended with agree­ment from the municipality or the planning–

Mr. Deputy Speaker: The member's time has expired.

Ms. Clarke: I thank the member opposite for that question, and I'm going to share a few more comments that I've received in the meetings that I've had coming to today.

      The thing about this is now we will have all levels of gov­ern­ment working on the same page. This doesn't create a new level of gov­ern­ment. It's regional plan­ning, and that's where we want to be. It will build a sus­tain­able foundation for future successes, and we're already well on the way to that.

Mr. Gerrard: I notice that in clause 50 it's stated that, begin­ning a review of the dev­elop­ment plan, council must consult with the capital planning region.

      As this, I believe, deals with the City of Winnipeg, can you–the minister explain what the con­sul­ta­tion with the capital planning region will involve that the City of Winnipeg has to go through?

Ms. Clarke: We do not refer to a capital region anymore, it's the Winnipeg Metro Region, which is inclusive of Winnipeg, and I believe it's the 18  stakeholder municipalities. They've been working 'collatabralively' since 2019 and, going forward, there will ultimately be a board struck within the Winnipeg Metro Region for this planning.

Mr. Wiebe: Can the minister talk about the changes that are being made to The CentrePort Canada Act and the impact that this bill will have on that parti­cular bill–or, act, I should say.

Ms. Clarke: With CentrePort explicitly, there's a lot of ongoing discussion with CentrePort, and we look forward to further deliberations with them. They, of course, are in this, in the RM of Rosser, and Rosser is very committed to this process going forward.

      So, those are the stake­holders that we are been meeting with, and we will continue to–in those deliberations.

Mr. Gerrard: To the minister: This clause 50 spe­cific­ally specifies the capital planning region, and what I believe the minister was saying, that this con­sul­ta­tion would have to go to the board of these 18 munici­pality–is that right?

Ms. Clarke: I don't have a copy of the act in front of me that the member is referring to, but I will take it into con­sid­era­tion, and I will look up that and get back to you.

Mr. Wiebe: You know that this bill proposes to ex­tend the expiry date of approved variances, which may now be extended for up to three years.

      Can the minister talk about the impact that that might have on munici­palities and, again, their ability to make decisions about land use within their juris­dic­tions?

* (15:40)

Ms. Clarke: Again, if the member opposite wants to talk about extended timelines, I think the fact that, you know, we've been cleaning up a mess of appeals and hearings that were nine years in the waiting when people got frustrated and left. Every­thing about this streamlines the process, it reduces red tape and it cuts that way down so that we can attract these investors that want to come to Manitoba, regardless of whether it's in the metro region or in the city of Winnipeg, and we look forward to that.

Mr. Gerrard: Yes, part of this legis­lation provides that individuals who are not employees of the City of Winnipeg can be appointed to act as inspectors and issue orders on behalf of the City of Winnipeg. Basically, it's contracting out services.

      What precautions will be taken to make sure that there's not conflict of interest between the organi­zation or individual who's contracting out and the building or individual or operation which is being inspected?

Ms. Clarke: The practice of hiring an outside inspector rather than a City employee or a munici­pal employee, that's been long-standing across the whole province of Manitoba. I actually dealt with that as a mayor, and when there is a conflict, there is usually an alter­na­tive inspector that will go. They make their conflict known ahead of time and that is some­thing that we deal with as a munici­pality or we dealt with as a munici­pality, but there's always options.

Mr. Wiebe: Well, again, it's nice, Mr. Deputy Speaker, when the member for River Heights (Mr. Gerrard) and I are on the same page in terms of questions that we need to ask here today.

      The question I have is with regards to con­sul­ta­tion with the City of Winnipeg. Obviously, this pro­vision was borne from quite a contentious relationship between the Province and the City. Now, I know that the gov­ern­ment is saying that there's–things are different now.

      So, I guess I'm just asking, what kind of con­sul­ta­tion and feedback did the minister receive from the City of Winnipeg with regards to this?

Ms. Clarke: Whatever the past was is the past, and actually the con­sul­ta­tion and the planning staff, as well as other staff from the City of Winnipeg that are at the col­lab­o­ration table, have been a part of this process right from the begin­ning.

      And I have to say, in meeting with the col­lab­o­ration table, which I have, I was very pleased to see the working respect within the group as well as the–all the ideas that were coming forward. It was a very respectful group and the dialogue was very positive.

Mr. Gerrard: Yes, Mr. Speaker, I note that part of this bill deals with the fact that the City of Winnipeg can serve certain compliance orders and demolition orders by a substitutional service, and I wonder if the minister could clarify what would be involved in a substitutional service and how it would be chosen?

Ms. Clarke: That was one of the most contentious items with the City of Winnipeg was demolitions, and often they had to go for years and years before they could do a demolition. This process is going to stream­­­line this and consequently, they will have more properties. As you know, they're very short of prop­erty in the City of Winnipeg right within the general area, and this way they can have older properties that are derelict or where there's nobody living, they can have them removed more quickly.

Mr. Wiebe: So, just to be clear, not to put too fine a point on it, but I just want to be clear that the minister is saying unequivocally that the City of Winnipeg is approving of the idea of individuals who are not em­ployees of the city who could be appointed to act as inspectors and issue orders to remedy contra­ven­tions.

      She's had discussions with the City and they're in one hundred per cent support of this part of the bill?

Ms. Clarke: I'll make it very clear to the member opposite: I do not sit at that col­lab­o­ration table. They are pro­fes­sional people who deal with planning, who deal with regula­tions. I am not a part of that table. I am the minister and they bring these forward, so thank you very much for the question.

Mr. Deputy Speaker: The time for questions has expired.

Debate

Mr. Deputy Speaker: The floor is open for debate.

Mr. Matt Wiebe (Concordia): Thank you very much, Mr. Deputy Speaker, and thank you again to the minister for taking the time to answer some of these questions. I do think that's it's im­por­tant part of the process, and I do hope that we do get more infor­ma­tion as we go forward.

      You know, similar to the comments that I made with regards to the last bill, you know, here we go again. This is sort of trying to, you know, plug up the holes in the dike, so to speak, with regards to the issues around bill 37.

      And in this case the, you know, these–many of the issues that were identified by the City of Winnipeg are contained in here, but many are not. And many, in fact, are simply furthered, and the intent of bill 37 remains in that it takes the control away from the demo­cratic­ally elected folks here in the city of Winnipeg and in the metro region and puts it in the hands of unelected munici­pal officials. This a big concern, Mr. Deputy Speaker, because this bill does have wide-ranging impacts.

      And, you know, as I said, I was quite surprised when I sat down–in fact, I think I made these com­ments here in the House and shortly after com­mit­tee for bill 37. We were quite surprised because we knew the munici­pal officials around the province were very concerned about bill 37. They were concerned about many aspects of it.

      But what we weren't quite ready for was for the litany of developers that came through the door. You know, and again, as I said, many who actually sat on the working group–you know, and I recog­nize this wasn't under this current Minister of Munici­pal Relations (Ms. Clarke), but the former minister of municipal relations, you know, purported in the House in the same way that this minister does that they were working, you know, so closely with developers and so closely to reduce red tape and to make things more stream­lined.

      And yet, we had these same developers and of­ficials from that com­mu­nity coming in and saying we aren't being listened to and we're actually very–quite, you know, quite upset with the result of the legis­lation and the bill that was before us at that point.

      So, you know, again, I'm going to take this minis­ter at her–at face value and say, you know, I hope that she is listening to all sides in this debate. But the concerns remain, and what we've seen now is some of those issues that were brought up by those in the dev­elop­ment com­mu­nity have been addressed with this piece of legis­lation, but we still don't see any kind of acknowledgment of the impact for elected officials and the autonomy that folks have.

      We want to ensure, right–so, you know, and this is the–this is sort of the, you know, the fine line that I think needs to be found with regards to legis­lation like this. We need to ensure that dev­elop­ment is hap­pening at a predictable pace, that it's being, you know, it gets the proper attention and resources that is needed to ensure that things move through the process quickly; that, again, munici­palities aren't overly bur­dened with admin­is­tra­tive require­ments; that they are able to actually do their work but at the same time that the demo­cratic process in our province is adhered to and is respected.

      And that, Mr. Deputy Speaker, is where this gov­ern­ment continues to fail. And, you know, we–again, I spent time at AMM, you know–I mean, you get the official, you know, declarations and statements that are put out by officials there. But, of course, the best infor­ma­tion that you get is from just spending time on the floor, you know, breaking bread with different munici­pal officials or just, you know, striking up con­ver­sa­tions in the hallways.

      And what I heard, surprisingly, over and over again, was that this was still a live issue and that more im­por­tantly, there are specific projects that are being, you know, moved forward under this legis­lation, under bill 37 and subsequently that will impacted by 34 and 33 that they are very concerned about.

      So, you know, I–you know, the minister says it's a new day, we have a great relationship with the City of Winnipeg. I'm looking forward to hearing from them. Now, last time it was the mayor of Winnipeg who came to com­mit­tee, which I think was un­pre­cedented at the time. I don't think that's ever happened before.

      I don't know if we'll get that level of clash here in the Legislature that we had at that point, but I wouldn't be surprised if there are those from the labour com­mu­nity, from the City of Winnipeg, who come forward and say, you know, why would we allow for a con­tracting out of inspectors to individuals who aren't employees of the City of Winnipeg? I think there's a big concern there.

* (15:50)

      And again, we want to ensure that the City of Winnipeg is able to be responsive, but what we've heard from them over and over again–and again, when we had the mayor of Winnipeg, you know, come virtually, come to the Legislature, you know, I think he made the point very clearly that this is a problem that–and an issue that they want to resolve as well.

      So they just want a partner in the prov­incial gov­ern­ment that's working with them, not against them, not creating a political issue where there isn't one. Again, that was the modus operandi of the former premier. But we see hints of it and whiffs of it in ques­tions answered, you know, in this very House that, you know, to blame munici­pal officials or to say, well, that's their problem. You know, I don't take that–those kind of comments lightly, and I don't think munici­pal officials across the province do either. So, that's a major concern with regards to this bill.

      Of course, the other issue is with regards to secondary plans that can be prepared and submitted by property owners before certain applications are made for–by the owner for adoption or amend­ment to a zoning bylaw and approval of a plan of sub­divi­sion to be considered. And what we're concerned about here is the timelines for planning these appeals are clarified, may be extended with agree­ment of the ap­plicant, but it speaks nothing to the concerns of the munici­pality and their own internal planning process.

      And, you know, again, we want to strike that balance, but it is im­por­tant to listen to the concerns of those munici­palities. And if developers are going to just sort of bypass this process, why would they spend any time with the munici­pality when they could sim­ply go to the Munici­pal Board and say, well, you see, they've approved it, and you get out of the way. That's not what Manitobans elect their local officials to do.

      We know that the manner for giving notice of public hearings con­cern­ing a dev­elop­ment has been updated. I think that's an im­por­tant step. And, again, the key changes to The Planning Act is that timelines for application processing and planning appeals are clarified and may be extended with the agree­ment of the applicant.

      The deadline for appeal to the Munici­pal Board has changed from 30 to 14 days for appeals con­cern­ing sub­divi­sions, aggregate quarries and large-scale livestock operations. This is a sig­ni­fi­cant change, Mr. Deputy Speaker, and it really does, you know, put the pressure on those individuals who may have con­cerns about this but, you know, need to know that they can appeal it, but it has been–the process has been shortened significantly.

      We know that the expiry date of those approved variances, as I mentioned, may be extended for up to three years, which can severely impact when a dev­elop­ment is proposed, when, you know, no–nothing has moved forward. Again, where the ex­pect­a­tion is always on the munici­pality to be responsive to those kind of requests, but the onus doesn't also fall on those developers to ensure that they're having fair negotia­tions with regards to these kinds of dev­elop­ments.

      Con­se­quen­tial amend­ments, as I said, were made to The Planning Amend­ment and City of Winnipeg Charter Amend­ment Act and The CentrePort Canada Act, im­por­tant changes that I think we need to be very conscious of, especially when it comes to CentrePort Canada and the impact that we're going to be having on that dev­elop­ment because it is an im­por­tant develop­ment.

      And again, I–you know, I will take the minister at her word that she's sitting down, or her officials are sitting down, with the RM of Rosser and with the folks at CentrePort, but this is the kind of relationship that we need to focus–be laser focused on to ensure that we can actually move forward with the dev­elop­ment that needs to happen and that, you know, again, the private invest­ment is looking for at CentrePort.

      So, you know, fun­da­mentally, Mr. Deputy Speaker, we are hearing from munici­palities again that there are many, many concerns with this piece of legis­­lation. We, as an op­posi­tion, halted the original legis­lation, gave munici­palities a chance to catch up and to have their say.

      Then, when it came to bill 37, this gov­ern­ment went right back to their old habits and jammed it through. They're doing every­thing they can to try to plug up those holes, as I said. But the reality is that they're not dealing with the fun­da­mental issue that munici­palities have had, and that is a loss of local control and autonomy.

      And we're heading into a munici­pal election cycle year, Mr. Deputy Speaker, where, you know, to say it was on the minds of many in Brandon when we were there would be an understatement. You know, we want to ensure that when they're going out to their citizens and saying, you know, I want to be elected or re-elected, that their citizens are getting the kind of responsive gov­ern­ment that they want. This kind of legis­lation continuously hampers that. And so we look forward to hearing from com­mit­tee–

Mr. Deputy Speaker: Member's time has expired.

Hon. Jon Gerrard (River Heights): Mr. Speaker, I have several points that I'd like to comment on.

      First, I would echo the minister's thank you to Mike Teillet for the work that he did. It's im­por­tant to acknowl­edge the individuals who spent a lot of time on efforts like this to make sure that what we're presented with is as good as it can be.

      I have several concerns which I would bring for­ward. The first is that the deadline for appeal to the Munici­pal Board is changed from 30 days to 14 days. Now, in looking at people who would be making a de­cision to appeal or not to appeal, that decision might, in part–and what they put forward might de­pend, in part, on a transcript of the hearing. The trans­cript of a hearing might take, you know, a day, but it might take a week or it might take 10 days. If it takes 10 days, then a person has only four days from when they get the transcript to when they have to put in an appeal.

      So, I have a concern that shrinking this down to 14 days may be problematic in some circum­stances. I look forward to hearing and having a discussion of this at the com­mit­tee stage because this is very im­por­tant that we get this right because these are im­por­tant decisions that are being made.

      I have raised questions about the issue of con­tracting out services and the issue of there being a check 'whin' regard to conflict of interest. I think it's quite im­por­tant that we make sure that the people who are doing the inspecting are going to be in­de­pen­dent with regard to the busi­nesses or homes that they're inspecting. This is really, really im­por­tant.

      I've recently had come to my attention occasions when inspections weren't done properly and at–so, making sure that inspections get done properly can be essential. Now, the issue that was raised with me recently actually 'dealed' with a situation in Ontario, not in Manitoba, but we don't want to end up with the problems which have been discovered elsewhere by not putting in place the ap­pro­priate safeguards in relationship to conflict of interest.

      Now, I think that, you know, the minister has said that, in general, councils are very good at con­sid­ering these sorts of issues, and the handling or contracting out of inspections are done with great care. I suspect that this is true in the vast majority of cases.

      But I do think that this is an area where there is a special need for caution, and perhaps a special need for looking at, you know, a measure which makes some attempt, at least, to address this issue and reduce the likelihood of conflict of interest being a problem. Because where there are conflicts of interest involved in inspections, you have a set-up for things not being done properly.

      And so, we need to make sure that this is avoided. I'm sure that the–any–when the minister was a mayor, that she made sure that this never happened. But I think that it is really im­por­tant to recog­nize that not all munici­palities have mayors who are–have the integrity of the minister, and that sometimes this can be a problem, and maybe if we are–use some fore­thought in the design of this legis­lation, maybe we can do some­thing to prevent problems down the road.

* (16:00)

      I raised the issue of con­sul­ta­tion that is required under section–I think it's section 50–with the minister and with the Capital Planning Region, and I think it's im­por­tant that this process be clear and specific enough that it's understood and that it's carried out, because if it's not clear, then we may get it being interpreted this way or that and end up with a situation where we don't have the adequate con­sul­ta­tion that there should have been.

      With those few points or comments, I look for­ward to this legis­lation going to com­mit­tee and, in due course, becoming law.

      Thank you.

Mr. Deputy Speaker: The question before the House is second reading of Bill 34, The City of Winnipeg Charter Amend­ment and Planning Amend­ment Act.

      Is it the pleasure of the House to adopt the motion? [Agreed]

      I declare the motion carried.

Bill 2–The Public Services Sus­tain­ability Repeal Act

Mr. Deputy Speaker: We will now move to Bill 2, The Public Services Sus­tain­ability Repeal Act.

      The hon­our­able minister of labour, con­ser­va­tion–

An Honourable Member: Alphabet.

An Honourable Member: Just Labour.

Mr. Deputy Speaker: Hon­our­able Minister of Labour.

Hon. Reg Helwer (Minister of Labour, Consumer Protection and Government Services): I move, seconded by the Minister of Natural Resources and Northern Dev­elop­ment (Mr. Fielding), that Bill 2, The Public Services Sus­tain­ability Repeal Act, be now read a second time and be referred to a com­mit­tee of this House.

Motion presented.

Mr. Helwer: It's–pleased to rise to the–to this bill, to repeal a parti­cular act. We know that it's time to set a new tone and that is a new tone with negotiations with labour, Mr. Acting Deputy Speaker, and I think that's indeed what this does.

      As you probably know, the public sector–The Public Services Sus­tain­ability Act was intro­duced and passed in 2017 but was never enforced, and it's time to move on and repeal that parti­cular piece of legis­lation and set a new tone in our relationships with labour.

      Thank you, Mr. Acting Deputy Speaker.

Questions

Mr. Deputy Speaker: A question period of up to 15 minutes will be held. Questions may be addressed to the minister by any member in the following se­quence: first question by the official op­posi­tion critic or designate; subsequent questions asked by critics or designates from other recog­nized op­posi­tion parties; subsequent questions asked by each in­de­pen­dent member; remaining questions asked by any op­posi­tion members, and no question or answer shall exceed 45 seconds.

MLA Tom Lindsey (Flin Flon): I guess, to ask ques­tions about the bill that never was, except that it was. You know, they intro­duced it and never proclaimed it, so my first question to the minister is: Why did the gov­ern­ment put forth The Public Services Sustainability Act, knowing full well that it was un­con­stitu­tional, but then never proclaimed it?

Hon. Reg Helwer (Minister of Labour, Consumer Protection and Government Services): Well, it's not the decision of this parti­cular gov­ern­ment to see if a piece of legis­lation is con­sti­tu­tional or not, and I'm sure the member opposite knows that this was tested in court. But we found now that we no longer need this legis­lation. We have a relationship that I've been working with, with labour, and meeting with them and listening to them, and it's time to move on. This piece of legis­lation is no longer required.

MLA Lindsey: So, we know that this gov­ern­ment has constantly and continually, since the time they first came into being as a gov­ern­ment, inter­fered with col­lective bargaining. There's any number of instances out there where the courts have actually ruled that they've inter­fered with collective bargaining, UMFA being one of them. This bill, in its original form, that was never proclaimed, was a blatant sledgehammer attempt to inter­fere with collective bargaining.

      So we know that they're still doing it, so why would the minister think, now, that Manitobans would believe that there's a new tone?

Mr. Helwer: Well, we've moved on. It's obvious the member opposite has, if he's still living–hasn't. He's still living in the past. And it's time to repeal this legis­lation. We're moving on in our relationship with Manitoba Labour.

MLA Lindsey: Why have public sector workers been without a collective agree­ment for five years?

Mr. Helwer: Well, the op­posi­tion always asks us to intervene in collective agree­ments when it is not our role. It is the role of the employer and they are the ones that negotiate collective agree­ments with particular unions, and they do so. I've been asked more than a dozen times in the House to intervene, and I've declined to intervene. That is not our role as gov­ern­ment. The employer negotiates those collective agree­ments with those parti­cular unions.

Mr. Dougald Lamont (St. Boniface): Yes, this–I mean, this was a bill that was intro­duced but never passed and is now being repealed. Can the minister just sort of reflect on what were the mistakes, or what were–what they've learned through the lessons they've learned that have been brought about this decision to repeal the act?

Mr. Helwer: Well, I am speaking to this parti­cular bill that repeals the act, not to the original act, and it is time to move on in our relationships with Manitoba Labour. We see that we have a new Premier (Mrs. Stefanson) and very pleased to be led by our–the first female premier in Manitoba history, and she is setting a new tone and we are following that in our negotiations with Canadian labour groups.

MLA Lindsey: So we know that the original Bill 28 was probably un­con­stitu­tional. The minister now says he wants to set a new tone and withdraw the original Bill 28. Does he foresee that, heaven forbid, they should win the next election, does he foresee that as a gov­ern­ment they would intro­duce similar legis­lation to the original Bill 28, again?

Mr. Helwer: Well, the member opposite asks me infor­ma­tion that I have no infor­ma­tion on.

      I don't expect so, but we are speaking to this parti­cular piece of legis­lation that repeals an act because I think it sets a great semblance or a great image for the process that we have for going forward and nego­tiating with Manitoba labour groups, setting a new tone, led by our very able Premier.

      Thank you, Mr. Deputy Speaker.

Mr. Lamont: Yes, a question for the minister–and this is a clari­fi­ca­tion, because I understand that at the federal level, at least, the gov­ern­ment bills, are analyzed by the Justice De­part­ment to deter­mine whether they are, in fact, con­sti­tu­tional or not. So is that not a process that's followed in Manitoba? Does–if a gov­ern­ment bill is presented, is it not analyzed by justice to see–to deter­mine its constitutionality?

Mr. Helwer: Well, we certainly do speak to justice about all the legis­lation that we intro­duce. But it is not our role as gov­ern­ment to deter­mine constitutionality. That is for the courts and for the federal gov­ern­ment, obviously, that they are the arbiters of that. We don't deter­mine whether some­thing is con­sti­tu­tional or not. We deter­mine that we have legis­lation to intro­duce, and in this case we've intro­duced legis­lation to repeal a parti­cular piece of legis­lation.

* (16:10)

MLA Lindsey: So, we know that the 2021 handbook for Advanced Edu­ca­tion, Skills and Immigration, in that minister's respon­si­bility, it was suggested that help control increases of faculty salaries. So that would indicate a direct instruction from the Premier, I suppose, to directly inter­fere in collective bargaining process, which the gov­ern­ment did–which–that's been shown to be true. The court ruled they inter­fered in collective bargaining.

      So can the minister explain his newfound belief in–

Mr. Deputy Speaker: The member's time has expired.

Mr. Helwer: Well, it's not a newfound belief. I have always agreed and believed in collective bargaining; perhaps the member opposite doesn't. In fact, his gov­ern­ment was involved with a very tense and tedious strike at Brandon Uni­ver­sity; not just one, but two, Mr. Deputy Speaker.

      And I do recall that the then premier of the time, Premier Selinger actually, you know, did go out of his way to meet with parents of students, but they felt so belittled and demeaned in that meeting that it was quite sad to listen to them, Mr. Deputy Speaker.

Mr. Lamont: Yes, if I could just follow up on the question I had before. Simply, it's that again at the federal level they go through a process where there's an analysis provided by lawyers. I mean, because right now, we passed a law, we debated a law, we spent a lot of time going through it. There were enormous court cases fought at enormous expense and now it's being withdrawn. This is a lot of–it took a lot of–it's saying–it's a long way to go to find the stores closed.

      But is–am I to understand that there is no process where they–the gov­ern­ment undertakes to deter­mine whether its legis­lation is con­sti­tu­tional before it tables it, or introduces it?–sorry.

Mr. Helwer: Obviously, we do talk to Justice. We go through a process with the com­mit­tee that reviews legis­lation. We listen to our legal advice and then it is intro­duced or not intro­duced, depending on what we have for advice. In this parti­cular case, we've intro­duced a piece of legis­lation to repeal another piece of legis­lation.

MLA Lindsey: So just to go back to that 2021 handbook for Advanced Education, Skills and Immigration, the minister was, in fact, instructed in that book to help control costs, but it also went on to state that all post-secondary in­sti­tutions are now instructed to request a collective bargaining mandate from the Province.

      How can the minister stand here in this House today and say that they didn't inter­fere in the collective bargaining process, when clearly, the minister was instructed to inter­fere?

Mr. Helwer: Well, as I said, we've moved on as a gov­ern­ment. It's obvious the member opposite is not willing to move on. In any meetings I've had with the various labour groups, they're ready to move on as we are, and that's the process that we're following, Mr. Deputy Speaker.

Mr. Deputy Speaker: Are there any further questions?

Debate

Mr. Deputy Speaker: Seeing none, the floor is open for debate.

MLA Tom Lindsey (Flin Flon): We've seen this gov­ern­ment intro­duce The Public Services Sustainability Act, not proclaim it, and yet order in­sti­tutions under the gov­ern­ment control to bargain collectively as if the bill actually was passed. We've seen this gov­ern­ment get taken to court on more than one occasion, and having seen it proved that they did inter­fere with collective bargaining–they did bargain in bad faith. They forced in­sti­tutions to bargain in bad faith. That's a fact; there's no disputing it.

      The other thing we know is that collective bar­gain­ing is a constitutionally protected right in this country. So therefore it must follow that to inter­fere in free collective bargaining must be un­con­stitu­tional. Since this gov­ern­ment got elected in 2016, every­thing they did in the first number of years of their mandate was to attack working people in this province; to make it harder to unionize. They've refused to make mini­mum wage a decent living wage. They've refused to bargain with various unions in the public sector. They've laid off public sector workers. They've dis­respected them at every chance that they could get.

      And now, all of a sudden, we're to believe that they're a new, improved PC gov­ern­ment that's seen the light. They're cured. They're no longer the same bunch that they were last week, last year.

      Well, let me tell you, Mr. Deputy Speaker, noth­ing could be further from the truth. They are, in fact, the same gov­ern­ment. They are, in fact, the same people. They do, in fact, still have the same beliefs.

      Now, I wouldn't for one second suggest they're not the smartest bunch in the room, because they are smart enough to realize that the people of Manitoba have started to take notice of what this gov­ern­ment is doing to them, as opposed to for them. Bill 64, the edu­ca­tion reform bill, was the straw that broke the camel's back, where Manitobans stood up en masse. The public sector sus­tain­ability act was the initial kick that got people motivated to stand up.

Madam Speaker in the Chair

      Once the former premier realized that people were not going to stand for his gov­ern­ment's con­tinued interference in their lives, he turned tail and ran away, to be replaced by the first woman Premier (Mrs. Stefanson), which all of us in this Chamber had high hopes that it would set a new tune–new tone for the relationship between the PC gov­ern­ment and Manitobans.

      Unfor­tunately, we're all–well, at least all on this side–disappointed. The ones on that side that stood up and clapped and cheered for their former premier now do the same thing for the present Premier, save possibly one.

      And yet, the minister says, we're setting a new tone, we've turned over a new leaf. They claim that they're listening, but the only time that they actually listen to Manitobans is when they realize their politi­cal lives are in danger. Then, all of a sudden, the light­bulb comes on and says, we've gone too far–what happened to the former premier.

      When the member from Steinbach was the acting premier, he was smart enough to realize that they had to do some­thing to try and trick Manitobans into believing that they were something different than, in fact, they really are.

      And let's not make any mistake about it, the member from Steinbach was certainly a part of the whole mess that got created with all the legis­lation that this gov­ern­ment intro­duced, from changes to health care, to changes to edu­ca­tion, to changes to worker's rights, which The Public Services Sus­tain­ability Act was all about.

      So, they've intro­duced an act to withdraw an act that they never proclaimed. And the minister can't explain, won't explain why they never proclaimed it. We all suspect we know the answer to that, that it wasn't con­sti­tu­tional, and that would've made it easier to prove that the gov­ern­ment was, in fact, interfering in collective bargaining.

      So, they didn't have the courage of their con­victions, when they intro­duced that piece of legis­lation, to think that it would really stand up to the ultimate legal tests at the Supreme Court, so they didn't proclaim it, but still directed the employers–which the gov­ern­ment, at the end of the day, was the employer–they directed them to not bargain freely and fairly.

* (16:20)

      So what are we to learn? What are Manitobans to learn? Well, they're to learn some­thing that this gov­ern­ment is afraid of, which is why they've attacked organized labour: that once people stand together, united, to protest what this gov­ern­ment is doing to them, that this gov­ern­ment loses.

      That's been their mandate all along is to try and divide Manitobans, to try and create different camps. They did that by changing how unions' repre­sen­tation in public sector groups worked. They tried to get the unions fighting amongst them­selves rather than fighting who they really should have been fighting, which was this gov­ern­ment. They tried to pit workers against workers by coming up with new ways for work­ers to turn in other workers or to make sug­ges­tions on how I can do both jobs and get rid of one.

      Madam Speaker, Manitobans are not going to fall for this minister or this gov­ern­ment suggesting they've turned over a new leaf, that–forget every­thing we've done for the last six years. Yes, we were bad; we did all these horrible things to working people, and–but we're not that bunch anymore.

      Well, they are; they are exactly that same bunch. They still have exactly those same beliefs, except they got scared when their former leader abandoned ship.

      Madam Speaker, each and every one of these members of the PC caucus is partially respon­si­ble for what took place. They all applauded when this Public Services Sus­tain­ability Act got imple­mented in the first place, got intro­duced. They all clapped like train­ed puppets. And now they all clap like trained puppets when the gov­ern­ment decides to repeal a law that they never proclaimed.

      They lacked the courage of their convictions. They really thought they could attack working people, that they could attack Manitobans and get away with it. And thank goodness Manitobans stood up and told them, we're not going to take this anymore.

      So, they are forced to withdraw The Public Services Sus­tain­ability Act, and that's what they've done with this parti­cular piece of legis­lation, is repeal a piece of legis­lation that they never imple­mented in the first place but a piece of legis­lation they expected Manitobans to follow and to fall in line with.

      So, thank you, Madam Speaker.

Mr. Dougald Lamont (St. Boniface): Just to put a few words on the record.

      Yes, there has been a lot of talk from the gov­ern­ment members about a change in tone, which I have to ask whether that's ap­pro­priate, simply because it might suggest that the previous premier, the only problem with him was his tone and not his–the substance of what he was actually trying to do, which is exactly the problem with this bill, is it wasn't just a question of substance–sorry, of tone–it was a question of the actual substance of it and the ways that it undermined fun­da­mentally constitutionally protected rights to bargain.

      And the–one of the fun­da­mental–one of the most im­por­tant decisions you can make in your life is whether you can actually–is being able to debate and control and have some say in the value of your own work.

      It makes a difference whether people can work safely. It makes a difference whether people can have time with their family. It makes a difference whether people can actually afford to pay their bills.

      These are absolutely critical rights, which is why I'm surprised and concerned that, you know, when it came to this bill, that apparently there wasn't any oversight in terms of constitutionality, simply because if the government is going to try to come up with bills that expand or defy the con­sti­tu­tion or set up a situa­tion where they want to take cases all the way to the Supreme Court, it's in­cred­ibly expensive and, frankly, damaging as well, because there was damage done under this bill.

      Despite the fact that it was never proclaimed, there were still various–there were school divisions, for example, who were essentially putting it into place, using it to justify wage freezes. And those wage freezes have permanent effects on people. Is–it affects people in their real life.

      The idea that people are just going to live forever and that they'll save some money this time then it'll be made up five years down the line simply isn't true. That–we're talking about a permanent loss in lifetime–we can be talking about a permanent loss in lifetime earnings for people and their ability to support their family. So, that's–is it–an enormous concern to us, and especially because, as I said, the damage is already done.

      And we also had a situation where there was no question–I often will hear from the gov­ern­ment mem­bers that, you know, they're not the employer, but ultimately they're the funder. They have created–on the one hand, they have removed a whole series of buffers between the political level and uni­ver­sities–what they called non-core gov­ern­ment–made direct–it was basically from the Premier's office under the previous premier. The U of M was directed to freeze salaries or face con­se­quences.

      That–when that came out, the U of M ended up not only having to pay a multi-million-dollar fine for acting contrary to collective–their rights of–violating the rights of professors, but–a 'numby' of years later, when it–when the court ruled in favour of the U of M Faculty Association, it was deter­mined that they were also owed $18 million in back wages.

      So, the other thing about this is this was a bill that actually, though it was never passed, enabled what's called wage theft. And that's truly unfor­tunate, be­cause that wage theft meant that people who worked in all sorts of–they could be bus drivers, they could be school bus drivers, they could be people who worked at any level at the Uni­ver­sity of Manitoba, librarians as well as professors and others who have ended up not being paid what they were supposed to be paid.

      And not only was that–and I will also add that that causes–has continued to cause problems. The fact that we had this long period of time where people weren't being paid properly at the U of M means that, as faculty told us, that they couldn't attract or keep people to teach in the faculty of nursing, they couldn't attract or keep people to teach in the faculty of computer science just at the basic levels that are actually required to run programs and produce graduates.

      And we do have a–the Uni­ver­sity of Manitoba and other uni­ver­sities are tre­men­dously im­por­tant in their con­tri­bu­tions, but this is much broader. It applies to anybody–the fact is that anybody who works for gov­ern­ment and is getting paid, their bank account, their families don't know the difference between whether that money is private money or public money, and that doesn't make a difference either to where–when they're spending it. It doesn't make a difference to the store owner or restaurant owner. That money is all money, it all contributes to building our economy.

      And the entire idea, which has been this gov­ern­ment's idea, which is that you can endlessly shrink the gov­ern­ment and that somehow the private sector will just pick up the slack, doesn't actually occur in reality. It do–actually means that we're shrinking the entire economy. So, that's truly unfor­tunate.

      We'll just say, yes, there's been lots of talk about recovery in the latest budget, but this is more–less of a recovery and more of a hangover from the previous premier.

      So, we are looking forward to this being permanently repealed. We certainly hope and–it won't return again. And we, in addition to that, hope that the gov­ern­ment will consider running its bills past some constitutional lawyers in the Min­is­try of Justice, which would save everybody a lot of time and money.

Madam Speaker: The question before the House is second reading of Bill 2, The Public Services Sustainability Repeal Act.

      Is it the pleasure of the House to adopt the motion? Agreed? [Agreed]

Bill 21–The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act

Madam Speaker: We will now move to second reading of Bill 21, The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act.

Hon. Doyle Piwniuk (Minister of Transportation and Infrastructure): Madam Speaker, I move, seconded by the hon­our­able member for Indigenous relations–recon­ciliation and northern relations, that Bill 21, The Highway Traffic Amendment and Manitoba Public Insurance Corporation Amendment Act, be now read a second time and be referred to the com­mit­tee of this House.

* (16:30)

      His Honour the Administrator has been advised of the bill, and I table the message.

Madam Speaker: It has been moved by the hon­our­able Minister of Trans­por­tation and Infra­structure, seconded by the hon­our­able Minister for Indigenous Recon­ciliation and Northern Relations, that Bill 21, The Highway Traffic Amend­ment and Manitoba Public Insurance Cor­por­ation Act, be now read a second time and be referred to a com­mit­tee of this House.

      His Honour the Administrator has been advised of the bill, and the message has been tabled.

Mr. Piwniuk: Madam Speaker, I'm pleased to rise again to speak on and provide some comments on Bill 21, which is intended to give Manitobas a mean to try out micro-mobility and low-speed vehicles on roads and sidewalks under specific con­di­tions in a safe environ­ment.

      The bill will amend The Highway Traffic Act to allow pilot testing of micro-mobility devices such as personal trans­por­tation vehicles, electric scooters and low-speed vehicles on roads. Future regula­tions will set out the con­di­tions of the pilot projects–for ex­ample, the type of device or vehicle being tested, maximum speed limit, age limits, and insurance require­ments and so on.

      The bill will also amend the public–Manitoba Public Insurance Corporation Act to address specific insurance require­ments for pilot project and includes related amend­ments to the drivers licence–Drivers and Vehicles Act and The Off-Road Vehicle Act.

      The bill would be created to respond to a number of requests from munici­palities, busi­nesses and other organi­zations to test–to pilot test the use of 'micro‑bibility' devices and low-speed vehicles on roads. The bill provides a means of response to these requests, as well as the exploring of expanding the use of active and alter­na­tive forms of trans­por­tation. This will in­crease access to these modes of trans­por­tation for the public while continuing to ensure road safety for all users. Expanding the use of zero-'emussions' vehicles will also help reduce Manitoba's green gas emissions.

      The amend­ment will also enable munici­palities to make bylaws to designate shared streets where pedes­trians, cyclists, motorists and people using recrea­tion equip­ment will have equal access. The speed limit was–on shared streets will be a maximum of 20 kilometres per hour, and regulated signage will also be required to ensure that all road users are aware of the shared streets.

      As a final comment, I would like to thank all those who partici­pated in the con­sul­ta­tion of this bill, and I look forward for the op­por­tun­ity to hear from Manitobans when the bill is referred to the com­mit­tee of the House.

      Thank you, Madam Speaker.

Questions

Madam Speaker: A question period of up to 15 minutes will be held. Questions may be addressed to the minister by any member in the following sequence: first question by the official op­posi­tion critic or designate; subsequent questions asked by critics or designates from other recog­nized op­posi­tion parties; subsequent questions asked by each in­de­pen­dent member; remaining questions asked by any op­posi­tion members; and no question or answer shall exceed 45 seconds.

Mr. Matt Wiebe (Concordia): I just want to put on the record I ap­pre­ciate the minister taking time to be here, this im­por­tant part of the bill process. I know he is, I'm sure, very busy right now and is, you know, very concerned about flooding through­out the pro­vince, so I ap­pre­ciate him taking the time.

      Wanted to ask about con­sul­ta­tions with regards to this bill, spe­cific­ally within the cycling com­mu­nity. Can the minister talk about any sort of con­sul­ta­tions that were undertaken?

Hon. Doyle Piwniuk (Minister of Transportation and Infrastructure): I want to thank the member for the question.

      Yes, we've been having con­sul­ta­tions with the de­part­ment when it comes to MPI them­selves to make sure that we follow all the regula­tions and–when it comes to the insurance on these parti­cular mobile–mobility machines.

      And also, what's happening too, is making sure that we have con­sul­ta­tions with the police, munici­palities. And when it comes to the public who–espe­cially people who want–actually want to put these devices out, our de­part­ment–has been con­sul­ta­tions of that. And also looking at other provinces, too. We've got a lot of–learnt a lot from other provinces and states in the United States that actually have put these devices on their streets.

Mr. Dougald Lamont (St. Boniface): I just want to thank the minister.

      I only really have one light-hearted question which is that, given the current state of potholes, at what point does a street–a shared street become a shared lake, and are amphibious vehicles going to be considered as this, for travelling in and out of potholes?

Mr. Piwniuk: Madam Speaker, well, that was an interesting question, I tell you.

      The potholes–you know, it's getting–a lot of the times, these munici­palities who are requesting these devices, because a lot, again, these are going to be in major centres and cities that we're going to be able to do a pilot project when it comes to the, you know, Assiniboine Park, the city of Winnipeg.

      And like I said, this has been a very challenging winter and it's a challenging spring. You know, the frost and the weather con­di­tions have created all these potholes, so he should know better that this has been a challenging year for every munici­pality and for every city and even our province.

Mr. Wiebe: The reason why I ask spe­cific­ally about the con­sul­ta­tion with the cycling com­mu­nity is simply because within the legis­lation, the proposed bill, there is a speed limit that is stated for open streets. I believe it is 30 kilometres an hour, although I may have heard the minister say 20 kilometres or–an hour–although, to be clear, that may be with the personal mobility devices. Regardless, the question I–the reason I ask is because streets like Lyndale Drive, other places in our city, are used by the cycling com­mu­nity for practice, for training.

      I'm wondering if the minister has consulted with those folks?

Mr. Piwniuk: I want to thank the member for the question.

      When it comes to the speed limit on the–when it comes to these shared streets, again, it's going to be up to the munici­palities to designate certain streets. For instance, I think Wellington Crescent would be pro­bably one of them.

      The 20 kilometres is more for–so much for the actual vehicles, passenger vehicles going on that street, just to make safety for when it comes to, like, cyclists or to these mobile devices, because the fact is they're also in these streets. There's also going to be pedestrians too, so there has to be some kind of control when it comes to the speed of any kind of machine that's one–there because, again, we want to make sure that all Manitobans are safe when it comes to these shared streets.

Mr. Wiebe: Well, and again, I mean, I can ap­pre­ciate where the minister's coming from. I think we want to make sure that these streets are safe.

      I guess the concern is that, for some of these streets, they are used for dual purposes. Folks are using them to–as pedestrians walking on them, but they're also being used by cyclists who are, you know, pretty serious in the sport. So I think that may be some­thing that the minister may want to look at that nuance. There may be some­thing there.

      We know that highway–section 143.2 of The Highway Traffic Act forbids pedestrians from walk­ing more than two abreast on highways. Will this be–rule be reasonable for the open streets program? We know it is for rural settings, but within an urban setting will it be?

Mr. Piwniuk: I just wanted to clarify that last ques­tion, the comment that the member from Concordia had said was that when it comes to cyclists–like, cyclists have abilities to ride anywhere in Manitoba. And the thing is, this designated street is, like, for 20 kilometres for everyone so that everybody's safe on here. Cyclists can go on bicycle paths; they can go on every bloody street there is in Manitoba, in Winnipeg and be able to ride as fast as they want.

      But when it comes to these shared streets, this is–the rules are going to be–is 20 kilometres. And this is also for people who are–pedestrians who have chil­dren who are having tricycles and stuff like that. This is for–this is what–we're doing a pilot project to make–that everyone will be able to enjoy the specified streets. And not every street is going to be designated.

Mr. Wiebe: Well, I take it from that answer that the minister hasn't consulted with the cycling com­mu­nity, so I hope that's some­thing that he undertakes before com­mit­tee.

      Again, section 143.2 of The Highway Traffic Act forbids pedestrians from walking more than two abreast on highways. While we know that that rule is reasonable for rural settings, it's also one of the main issues with regards to the open streets program in Winnipeg, even though the urban streets in question are different, of course, than conventional highways.

      Has the Province given any con­sid­era­tion to amending or repealing this section in light of its move to now allow for shared streets?

Mr. Piwniuk: Yes, Madam Speaker. This is what's going to be when it comes to this bill.

      The regula­tions are going to be–this is a pilot pro­ject. It's been in the bill, but the regula­tions will all be actually laid out after–once the pilot project and the infor­ma­tion that the cities, towns wants to do more detail. That's when it will all be in the regula­tions of this bill.

* (16:40)

Mr. Wiebe: Okay, so I may be confused or we might just be on different pages with the minister.

      I just want to be clear that he's suggesting that the open streets portion of this parti­cular piece of legis­lation is also being imple­mented as a pilot project.

      I understood that the elements with regards to personal mobility devices were the portion of the bill that was considered a pilot.

      He's saying that the entire bill is being presented as a pilot program?

Mr. Piwniuk: No, what the whole thing is, Madam Speaker, is that the actual–when it comes it comes to the devices, are a pilot projects, but when it comes to working with MPI, making sure how these things will–going to be insured–if they can be insured by off-road or passenger or if it's just going to be equip­ment that is basically part of your insurance policy, where–your contents. So, this is what this whole pilot project's all about.

      But when it comes to the shared streets, there are some regula­tions that are on there already, but that will also be in more detail when it comes to ad­ministering this bill coming forward. But we'll–we're going to be waiting for more infor­ma­tion from–when it comes to munici­palities.

Mr. Wiebe: Okay, I think that does clear it up. You know, this isn't a pilot sug­ges­tion, this is changes to The Highway Traffic Act. And so, again, this is not a piece that will be dealt with in legislation–or, sorry, in regula­tion; it's actually in the legis­lation.

      And so, I guess the sug­ges­tion is simply for the minister–you know, maybe he hasn't had a chance to take a look at this, but, you know, if we're working through this in a spirit of col­lab­o­ration, is there an op­por­tun­ity, maybe, that he would consider an amend­ment that would allow for a change to The Highway Traffic Act that would satisfy the concerns of munici­palities.

Mr. Piwniuk: Yes, Madam Speaker, I want to thank the member for the question.

      That's what, basically, this whole–when it comes to doing the process of a bill, it's basically having con­sul­ta­tions. Once this reading of–the second reading has happened, we do go into com­mit­tees and actually be able to hear it from the public.

      And working with munici­palities and making sure that, when it comes to the traffic highway act, that we actually reduce the mileage, we do proper signage, and working with munici­palities to make sure that what designated streets are they going to be choosing, is what we're going to be working with, with munici­palities and com­mu­nities around Manitoba.

Mr. Wiebe: So, then, moving on to the personal mobility devices.

      You know, I think we had a fairly good bill briefing. There was some discussion with de­part­ment officials and trying to understand exactly what would be captured under this piece of legislation. I take the minister's point that much of this will be done in regula­tions.

      So, I guess the question is: Who will be advising the minister on making decisions on which personal mobility devices will fall under this new legis­lation and this new pilot project?

Mr. Piwniuk: Yes, Madam Speaker, I just wanted to also inform the member, too, that the shared–we also consulted in the shared streets com­mit­tee that's part of the Winnipeg frequent utilized shared streets, such as the–Wellington Crescent.

      So, we are working with–when it comes to a group like that, when it comes to–these are the ones that requested having more shared streets within the city of Winnipeg. And we're going to be looking at this through­–all through­out Manitoba, and making sure that these devices–these–the pilot project of these devices are going to be used properly.

      And making sure that this gives a chance for the City of Winnipeg to–or, let's say, for instance, the Assiniboine Park, to utilize these mobility devices so that people can get around, much like they do in other parts of the cities and–major cities in North America.

Mr. Wiebe: Well, and again, as the minister is an­swer­ing, I'm getting infor­ma­tion about, you know, the places where I think there's op­por­tun­ities to imple­ment these kind of pilot projects.

      The question I guess I have is there's a huge range in personal mobility devices when it comes to these, kind of–that could be potentially captured under this legis­lation. You know, this could be a–an electric scooter, this could be a one-wheel device, this could be, you know, some­thing that somebody uses for just day-to-day mobility–an electric mobility device.

      So, I'm just asking the minister: Who's advising him and giving him input on how–what will be captured under this legis­lation?

Mr. Piwniuk: Yes, Madam Speaker, this is–again, this is a pilot project. This–these are some of the devices that are, actually, not actually registered to be actually here in Winnipeg.

      We're trying to make it so that people–well, the devices that are being invented, like, there's–every time there's going to be a new device that's going to be out there, this is a pilot project that will be actually tested–tested on these safe streets, so that people can test them, let's say, in Assiniboine Park where there are designated roads, so that MPI can also, and them­selves, can look at–see how they need to insure these devices–if it's going to be an off-road, or if it's just going to be a liability on someone's house insurance, or a contents that are being listed on their property.

      This is what this whole pilot project is all about, is making sure that whatever–that the traffic act is going to do–

Madam Speaker: The member's time has expired.

Mr. Wiebe: Well, and again, I mean, I think we're on the same page here. I understand the interest in, spe­cific­ally the industry, to bring this kind of thing to Winnipeg. I think we're actually behind in this.

      The question I have is, is there any kind of con­sul­ta­tion or work that's being done, for instance, with the dis­abil­ities com­mu­nity that may want to have some input with regards to this? So I just want to be clear that the minister is not just listening to industry on this but is actually listening to folks who have a stake in this, such as the dis­abil­ities com­mu­nity.

Mr. Piwniuk: Madam Speaker, the member has to realize this is a pilot project. Like, this is not like–we're trying to make it so that these devices can actually be tested and tested in our climate, could be tested to make sure that if a city like City of Winnipeg wants to do these scooters, for instance, you know, what you see in every part of the city, we just want to make sure that they're being tested properly in our climate, and with the MPI overlooking the–how to insure these things properly.

      So this is what this whole pilot project is. One of the details will be coming out when it comes to once these vehicles are now required to go onto these safe streets.

Mr. Wiebe: I guess, you know, part of this issue, I guess, what we could do is we could very easily look to other juris­dic­tions who've moved forward on this. I was just in Calgary, for instance. You know, these kind of devices are all over the place–maybe, you know, to much to the chagrin of the folks that live in those neighbourhoods, and we can certainly have that con­ver­sa­tion going forward. But again, you know, I think there's a very, you know, specific concern that comes forward from certain activist groups that want to have a say in this.

      So, I mean, it shouldn't be too hard for the minis­ter to just say we will continue to consult with them. Can I ask that he would just say that?

Mr. Piwniuk: Well, Madam Speaker, when it comes to, say, when people have, let's say, scooters for–because they–it's for them to, like, say, seniors who need it for mobility issues, like, regular scooters that you see on an ongoing basis, those ones are always–you see them on the street all the time. They're on sidewalks, they're on every­thing else. These are not the ones that we're going to be talking about. They have–they might even have a better chance going on a 20-kilometre street and be able to actually ride them, and being that they're safer than, let's say, if they're trying to cross a street when it's like 60, 50 kilometres an hour.

      So this is what this is going to be about. These are–what this op­por­tun­ity is to reduce the speed limit so that when we start looking at these pilot projects of these machines that are going to be approved, they can actually have the access to these 20-kilometre safe streets.

Mr. Wiebe: I see my time is running short, so I'll go for a twofer here.

      Again, has the minister looked at other juris­dic­tions who have gone through this process? Did they have a pilot project phase or were they–just went directly to licensing these? And, once again, what kind of mechanisms are in place to allow the minister to stay up with tech­no­lo­gy? Who is ultimately going to be making the judgment about what personal mobility device falls under this legis­lation and what doesn't?

Mr. Piwniuk: Well, Madam Speaker, that's, again, that's why the–when it comes to the safe streets, reducing the mile–kilometres by 20 kilometres, but it's actually doing these pilot projects and making sure that these mobility devices can actually go on the streets safely and to make sure that, you know, again, we're going to have to work with MPI, we're going to have to work with the City of Winnipeg to make sure that there's not going to be some­thing that's going to go on the streets that are going be more of a nuisance.

      Again, this is pilot projects that are going to be spe­cific­ally looked at per item, like where a person has to apply for this pilot project and work with MPI to make sure that this project, this device can be able to be used, because someone's going to have to insure this device, too, and it's either the private sector, MPI–

Madam Speaker: The member's time has expired.

      And the time for this question period has ended.

Debate

Madam Speaker: We will now move to debate.

      And I would recog­nize the hon­our­able member for Concordia.

Mr. Matt Wiebe (Concordia): So, you know, as we sort of muddled through there in our question period, for those following along at home, there was a lot of confusion between, sort of, the two elements of this bill. And I think it is im­por­tant to be very clear that there are two very different items that are being con­sidered here in this piece of legis­lation.

      So, first, I'd like to just address the personal mobility devices that we've been discussing here. And, you know, I–you know, there's a whole range of these products that are now coming available. As I mentioned in my questions, I was just in Calgary and, you know, you go into certain neighbourhoods and you'll see, scattered about all over the place, electric scooters that, you know, we download the app and you can just sort of tap and go. You don't have to drop them off at a specific place or pick them up at a specific place. Anywhere you find these things, you can take them. I know a lot of cities have used the same sort of tech­no­lo­gy for bicycles and other sorts of electric mobility devices.

* (16:50)

      I think it's im­por­tant, though, to recog­nize the immense range of different devices that are out there, and, you know, not just the simple scooter, you know, that you stand on, that you maybe see, you know, kids riding around the neighbourhood on. But some of these are quite so­phis­ti­cated pieces of tech­no­lo­gy. And, actually, our–while sometimes restricted, you know, by the–you're supposed to be a certain age to use them. When it comes to the actual use in the streets, they're being used by all people, and they're really quite, as I said, very so­phis­ti­cated, high-speed devices.

      We've also seen various other, you know, devices such as a–and you shared this with the minister, electric unicycles which, you know, I mean, if you want to get a–[interjection]

Madam Speaker: Order.

Mr. Wiebe: –sense of how advanced these tech­no­lo­gies are, these things can go over 50 kilometres an hour, if you can imagine, on a one-wheeled device.

      And I only mention this because I think it's im­por­tant that we recog­nize the diverse range of dif­ferent devices that are being used for recreation, but then also understand that there's a number of devices that are being used for a whole range of other mobility issues.

      And I want to make sure that, as these tech­no­lo­gies develop, that the minister is listening to not just industry who–maybe an entrepreneur who comes in the province and says, yes, we want to bring this tech­no­lo­gy to our city, but is also listening to those people who have a vested interest in this, as he said–folks that need personal mobility devices just to get around: seniors and those with dis­abil­ities.

      So, I think it's an im­por­tant element that the minis­ter should, hopefully at com­mit­tee, bring for­ward to the com­mu­nity and say, this is who we're going to consult with on an ongoing basis, and, ul­timately, is it the minister who's making the decision or, you know, MPI? Or is it some­thing that, you know, maybe a com­mit­tee of concerned folks could be instru­mental in helping guide as we move forward? So, it's an im­por­tant question that I hope that he'll bring forward.

      The other element in this bill is the open streets program and, you know, this is just, again, a complete failure on the part of this gov­ern­ment to see–to recog­nize when there's a broad consensus across political lines. You know, you had the pandemic; you had an op­por­tun­ity where all of a sudden everybody couldn't go out and, you know, go to their favourite restaurant or go to a movie theatre or, you know, a whole range of things that people couldn't do. And so what did they do? They looked to our outdoor spaces.

      And so you had people from all walks of life who were going out in their own com­mu­nities and, in many cases, streets that were being designated just to have pedestrians on them. And it was an amazing time for many people, exploring their city in a way they hadn't done before and, you know, and getting outdoors and getting exercise and all the positive benefits. I mean, you know, I can only, you know, relay my own ex­per­ience where, you know, with my young children, we were out all the time and we used those open streets because all of a sudden we had access to places that were dominated otherwise by cars.

      This was universally recog­nized–I mean, of all the terrible things that have happened through­out the pandemic and all the mental health issues and physical issues and all the sort of things that are bad about the pandemic, this was one that we could look to and say this is one positive outcome that we've recog­nized once again, that we can take back our cities and we can take back these streets in the open streets program.

      And so the gov­ern­ment had all the op­por­tun­ity in the world. At the same time, they are ramming through their terrible legis­lation, you know, and then the former premier is on his way out and he's trying to get passed every bad piece of legis­lation that pops into his head. You know, the City of Winnipeg is saying, why aren't you adjusting or amending The Highway Traffic Act to allow this to happen? You know, like, here we go. You can be the popular ones out there, and yet the gov­ern­ment didn't do it.

      Now, here we are again. We had legis­lation that came forward in–before Christmas that we moved through the Legislature quickly to get it done. We had pieces of legis­lation brought in March, before the budget, that we as a House all said, yes, let's move forward on it, let's get it done; and we passed that legis­lation.

      Here we are, in–almost in May–now, I know, looking outside, maybe most folks aren't thinking about walking on open streets today, but I can tell you that it won't be long–you know, fingers crossed–it won't be long that the sun will be shining. It'll be, you know, seasonal weather and all of a sudden folks are going to say, I want to get back out on the streets and I want to be partici­pate in this open streets program.

      And the Province has been dragging their feet. You know, I mean–just shows a complete lack of leadership, first of all, Madam Speaker. I think that's very clear. They could have been at the forefront of this movement, but, certainly, at this point, why they're continuing to drag their feet just blows me away.

      They, you know, can get lots of good will from moving this legis­lation forward and yet, it hasn't been a priority of the gov­ern­ment. And so, it also shows, not just a complete lack of leadership but it just shows how out of touch they are with how Manitobans have been dealing with the pandemic.

      So, I could expand on that but I know, Madam Speaker, we're encouraged to be relevant here. So, I'll leave it at that, but simply to say that I look forward to bringing it–to seeing this legis­lation move forward.

      But more im­por­tantly, what I am hoping is, is that the minister is open to not just pushing through the legis­lation as it stands because, you know, again, in the spirit of col­lab­o­ration, here we are suggesting some decent amend­ments, I would suggest, with regards to section 143(2) of The Highway Traffic Act which 'beforbids' pedestrians from walking more than two abreast on highways–again, very applicable for highways in this province, in the city of Winnipeg, in the–you know, in the city of Brandon, in the city of Steinbach or Selkirk or Thompson, I don't know that that really applies.

      And so if we can–if we're opening up this legis­lation anyway, why don't we take a look at how we can amend that, and I'm hoping that the minister will consider that.

      I also hope that he'll give some more infor­ma­tion at com­mit­tee about the kind of con­sul­ta­tions that he will continue to do, because the cycling com­mu­nity–as I said, you know, there are many streets that are considered open streets that were used by pedestrians but are also used by cyclists.

      And it's, you know, we certainly don't want cars going 30 kilometres an hour or 40 kilometres an hour on some of these streets with pedestrians on them, but if the cycling com­mu­nity–and again, we're not talking about me cycling into the Leg. here, you know, I do my best but I'm not going that fast–what we're talking about is folks who are serious about the sport and take it very seriously. And they use these streets in col­lab­o­ration with–at the same time with pedestrians; they're using this together. And that isn't considered unsafe. It's never been considered unsafe.

      So, if we're opening up the legis­lation, and, of course, cyclists have to adhere to The Highway Traffic Act like everyone else, why aren't we listening to them and why aren't we working with them? Why aren't we listening to the dis­abil­ities com­mu­nity going forward, if we're talking about these personal mobility devices, because there might be an op­por­tun­ity for MPI to play a role in this.

      Again, if we're going to take this stuff seriously, let's make sure that we're all working together on it. And we're not trying to be unreasonable here; we're just simply asking that the minister come to that com­mit­tee and hopefully have more infor­ma­tion for folks.

      I do look forward to hearing from Manitobans on this. You know, I mentioned in my last–in the last bill which affected the City of Winnipeg, that we had the mayor come, you know, virtually to sort of scold the gov­ern­ment the last time.

      I don't think they're–he's going to do that here but, you know, maybe we'll have others that will carry that spirit of just saying, why are you dragging your feet, why has it been so slow for this gov­ern­ment to take–you know, of all the op­por­tun­ities that we have from the pandemic, you know, there's very few positives–what can we gather from this and what can we move forward on? This would be one of the pieces of legis­lation that just boggles my mind we didn't move forward on it more quickly.

      So, I look forward to hearing from those folks. I look forward to hopefully getting more back from the minister. And ultimately, we want to hear from the public and move this bill forward, so we look forward to it passing second reading here this afternoon.

      Thank you, Madam Speaker.

Mr. Dougald Lamont (St. Boniface): Yes, I'll just take the op­por­tun­ity to put a few comments on the record, Madam Speaker.

      I think that this is, in general and in principle, a positive piece of legis­lation. We'll certainly wait to hear feedback from Manitobans about what they can see–what their concerns are about either deficiencies or im­prove­ments.

      Of course, I–you know, just in the broader sense that we're concerned–it's positive to have a testing ground for new types of active trans­por­tation. Of course, our concern is that we just don't want these to be islands; we'd like active trans­por­tation to be part of everyday life, to extend it into routes that have run across our cities and our towns.

* (17:00)

      And, currently, of course, there are going to be challenges just in terms of the infra­structure that we all know that needs invest­ment and repair but also both road infra­structure but also infra­structure in charging and other vehicle-fuelling that might be required as well.

      So we look forward to hearing more and hearing from Manitobans, but, in principle, we will support this bill.

      Thank you, Madam Speaker.

Madam Speaker: The question before the House is second reading of Bill 21, The Highway Traffic Amend­ment and Manitoba Public Insurance Corporation Amend­ment Act.

      Is it the pleasure of the House to adopt the motion? Agreed? [Agreed]

      I declare the motion carried.

Bill 30–The Police Services Amend­ment and Law Enforcement Review Amendment Act

Madam Speaker: We will now move to second reading of Bill 30, The Police Services Amend­ment and Law En­force­ment Review Amend­ment Act.

Hon. Kelvin Goertzen (Minister of Justice and Attorney General): I move, seconded by the Minister for Seniors and Long-Term Care, that Bill 30, The Police Services Amend­ment and Law En­force­ment Review Amend­ment Act, be now read a second time and referred to a com­mit­tee of this House.

      His Honour the Administrator has been advised of the bill, and I table the message.

Madam Speaker: It has been moved by the hon­our­able Minister of Justice, seconded by the hon­our­able Minister of Seniors and Long-Term Care (Mr. Johnston), that Bill 30, The Police Services Amend­ment and Law En­force­ment Review Amendment Act, be now read a second time and be referred to a com­mit­tee of this House.

      His Honour the Administrator has been advised of the bill, and the message has been tabled.

Mr. Goertzen: We know, and I think that those in law enforcement would confirm, that from the experiences that we've seen that there is an importance in law en­force­ment to sharing infor­ma­tion and to col­lab­o­ration. And that's why we esta­blished the Manitoba Criminal Intelligence Centre.

      If you look back in history where there has been failings that have resulted in either criminal acts or terrorist attacks, it's often because agencies had infor­ma­tion but they weren't sharing it with each other. And so there's been good examples in Manitoba, like the most recent Project Divergent, where $70 million–[interjection]

Madam Speaker: Order, please.

Mr. Goertzen: –where $70 million of street-value drugs was apprehended with the RCMP as the lead agency, but working in conjunction with the Winkler Police Service, who had some analysis that led to that seizure of the drugs and the guns and cash that came   with it. They were also working with Homeland Security in Grand Forks and with agencies around the world, Madam Speaker. And that's the example of working together.

      And the Manitoba Criminal Intelligence Centre is an im­por­tant part of that. It's an intelligence-led organ­i­zation that'll bring together and continue to foster that  col­lab­o­ration between the agencies. This bill builds upon that im­por­tant work, and it provides the Manitoba Criminal Intelligence Centre with a legis­lative mandate and clear author­ity to co‑ordinate intelligence-sharing and col­lab­o­ration between agencies.

      And while I think there is already some good work happening, there often needs to be structure around that, because who that information can be shared with in some­thing like the MCIC is im­por­tant. It often has to be somebody who is a peace officer, who is legislatively able to take that infor­ma­tion from law en­force­ment and then be able to use it in the way they feel is best.

      Over the last several years, many Manitobans have also advocated for greater account­ability on the part of police services in our province. They've identified The Police Services Act as an outdated law that requires sig­ni­fi­cant revision and modernization. Some of that has happened with changes–proposed changes to the IIU.

      That is why our gov­ern­ment has launched the in­de­pen­dent review of The Police Services Act and brought forward the conclusion of many of those recom­men­dations, and there are more to come. I know that part of the concern was around the IIU. Part of the concern was around standards. There is questions around gov­ern­ance, and that'll be another part in the future, Madam Speaker.

      This parti­cular bill, though, empowers Manitoba Justice to develop prov­incial policing standards and a uniform code of conduct for police officers around the province. And this is im­por­tant, to have a uniform code of conduct. A lot of the complaints that some­times come in, whether to LERA or whether to the RCMP method of taking complaints, could often be dealt with if there was a code of conduct that was standard, uniform and known, that could be dealt with within the agency itself. It also revises the mandate of the Manitoba Police Com­mis­sion to monitor and report on the police service compliance with these policing standards esta­blished by Manitoba Justice.

      The standardization of policing in Manitoba will help to ensure that all Manitobans receive adequate and effective policing regardless of where they reside. And sometimes I get questions about this and folks will say, well, what do you mean by police standards? And how does that get transmitted and how does it become trans­par­ent?

      So, if you look to British Columbia, if you did a Google search this evening, Madam Speaker, after this long day has concluded, and done police services or police standards British Columbia, you would get a website that actually listed different police standards. So, there would be a police standard on a high-speed vehicle chase. There could be a police standard on how you deal with an informant. And they're public and they're uniform across the province of BC, and you can click on it and you can read what that standard is.

      And then, under our system, we'll have some­thing similar, and then the Manitoba Police Com­mis­sion will be respon­si­ble for ensuring that those standards are being met. But it's measurable and it's trans­par­ent and for all to see, and then for the police to move to that standard. So, it'll provide that clarity and the ex­pect­a­tions on policing and ensuring that there's a trans­par­ent way for the public to see it.

      As we develop these policing standards and over­sight structures, the gov­ern­ment, of course, wants to hear from Manitobans. There will be public con­sul­ta­tions–likely next year–which will include online surveys and other ways for the public to engage with the officials who will be making those decisions.

      There's a change to LERA in here–the Law Enforce­ment Review Agency in here. It came to our attention that Manitoba was out of step when it came to the amount of time that there was to provide a complaint. If somebody had a complaint that they want to put under LERA, this extends that length of time to make that complaint to six 'munchs'–six months, which brings us more in line with other provinces.

      So, Madam Speaker, this is another piece. It's not the conclusion. The IIU was the first part of the changes that came from the review. This deals with police standards and some­what on LERA. There'll be other pieces in the future on gov­ern­ance, which I know there's been public opinions about, and that those who are on gov­ern­ance boards in Manitoba, and there will be lots of discussion about that. So, as we continue on this 'prath' of renewing and reviewing The Police Services Act, it all leads to better service for Manitobans from the men and women who do great work.

      And I want to conclude by saying, we should always remember that the women and men who are in our law en­force­ment agencies, whether that's Winnipeg Police Service, RCMP, the various munici­pal forces around the province, each and every day they go to work knowing that they can be en­countering dangerous and difficult situations. But they do it to protect us.

      And it is right and it is ap­pro­priate to be able to ask questions and to sometimes criticize that work, but we should never criticize the motivation by which the vast, vast majority of men and women who are in our police service go to work to support us and to protect society as a whole. And we ap­pre­ciate their work. And if we don't say it often enough, we're grateful and we're thankful for their work.

      Thank you very much, Madam Speaker.

Questions

Madam Speaker: A question period of up to 15 minutes will be held. Questions may be addressed to the minister by any member in the following se­quence: first question by the official opposition critic or designate; subsequent questions asked by critics or designates from other recognized opposition parties; subsequent questions asked by each independent member; remaining questions asked by any oppo­sition members. And no question or answer shall exceed 45 seconds.

Ms. Nahanni Fontaine (St. Johns): The police services review recom­mended that government be guided by LERA's internal analyses as to how legis­lation might be amended. This is recom­men­dation No. 44.

      Was the minister and the de­part­ment guided by this in developing Bill 7 and Bill 30?

Hon. Kelvin Goertzen (Minister of Justice and Attorney General): We certainly are guided by the recom­men­dations that have come from the review, but, again, there are several stages that are happening when it comes to the legis­lation that implements many of the recom­men­dations.

      We'll see if all of the recom­men­dations are ul­timately accepted as we go through the con­sul­ta­tion periods, from one piece to the other. But there are further pieces that'll come forward that may speak to the member's question.

Hon. Jon Gerrard (River Heights): To the minister, in a point of clari­fi­ca­tion: it's my inter­pre­ta­tion of this bill that the director of criminal intelligence will report to the director of police.

      Can the minister further explain the duties of the director of police as it relates to the director of criminal intelligence? Is he to be involved in the hiring or not? What's the relationship, and what are the duties?

* (17:10)

Mr. Goertzen: So, the legis­lation will ensure that the criminal intelligence director, the head of the MCIC, will have specified legis­lative author­ity.

      That 'anthority' will include developing standards for intelligence, sharing that infor­ma­tion and to com­pel the police of–chiefs to provide criminal intelli­gence data to MCIC. So the relationship between chiefs of police and the head of the MCIC is that the MCIC director can, if necessary–and it won't always be necessary–to compel that infor­ma­tion can be provided.

Ms. Fontaine: The police services review called for developing language and guidance for dispute reso­lu­tion mechanisms that involve diverse and margin­alized com­mu­nities. What is the minister doing to address this recom­men­dation?

Mr. Goertzen: Again, I want to just repeat what I've said in my comments and in my first question–or answer to the member opposite, that there are other pieces that are coming. The member will know that the de­part­ment has been very engaged with the grand chiefs, as an example. There's been lots of en­gage­ment when it comes to ensuring that, you know, we're recog­nizing the high involvement rate when it comes to those in the Indigenous com­mu­nity in the justice system and trying to ensure that that is being done in a better way and trying to find better ways. We could talk about the healing lodge that was announced in Thompson or other initiatives.

Mr. Gerrard: The bill provides for the dev­elop­ment of standards related to arrests and the use of force. I'm surprised that there's not a specific standard to be developed in relationship to the use of tasers and firearms.

Mr. Goertzen: Well, and there may–I would classify in a layman's term the use of a taser and a firearm as a use of force, so it might very well fall under than standard, but there'll be lots of op­por­tun­ity for input when it comes to standards and the various standards that'd be applied, but I would certainly expect those would be the sort of things that would be considered.

Ms. Fontaine: The police services review called for gov­ern­ment to adopt prescriptive time 'requeriments'–require­ments for meaningful conclusion of in­vesti­gations and allegations of misconduct.

      What is the minister doing to address this recom­men­dation?

Mr. Goertzen: Yes, I think if the member opposite is talking about in­vesti­gations as it relates to the IIU, she'll know–and she may not, she may be speaking about some other types of in­vesti­gations–but if she's talking about the IIU, she'll know that that bill is coming up for debate later today.

Mr. Gerrard: As a follow-up in terms of standards, one of the things that is much talked about these days is the need to have people who are skilled in ad­dressing mental health issues working with police officers.

      And so I wonder if the minister would have the in­ten­tion of having standards related to the involve­ment of people with mental health or social worker back­ground to be involved with police officers.

Mr. Goertzen: Yes, I think it's a good idea and, in some ways, it's an idea that's already happening. We have, you know, some individuals who are dealing with domestic violence who are embedded already with the Winnipeg Police Service so they can take calls that aren't necessary criminal in nature but that come into the Winnipeg Police Service.

      There's often resources, and I think, you know, an an­nounce­ment yesterday on tech­no­lo­gy that can–is mobile with police officers can allow for sometimes mobile or virtual ability for Victim Services and others to tap into police officers even when they're not physic­ally there. So it's a good idea. It's some­what being done already, and I'm sure we can do more of it.

Ms. Fontaine: The police services review called for the gov­ern­ment to require chiefs of police to esta­blish work­place harassment programs.

      What is the minister doing to address this recom­men­dation?

Mr. Goertzen: Yes, and I think, actually, that the code of conduct require­ment that is in this legis­lation–and that will be uniform across the province–will speak to a lot of that parti­cular issue and to ensure that, you know, harassment can certainly be dealt within–in a code of conduct and then how there can be con­se­quences, or how in­vesti­gations internally and spoken about externally can be done when it comes to harass­ment. So the code of conduct that is uniform across the province, which doesn't exist now, but which will exist when the fulfillment of this act comes forward, I think, speaks to that parti­cular recom­men­dation.

Mr. Gerrard: I wonder if the minister could clarify the procedure if a member of the public or a member of the police force has a concern about the code–somebody who's a police officer not following the code of conduct. How is that concern brought forward, to who and who will–what's the procedure once after it's brought forward?

Mr. Goertzen: Well, so right now, if an individual has a concern about an RCMP officer, the RCMP itself has a portal that one can go on and you can online submit a complaint if you have a complaint about how you are treated by an RCMP officer.

      Other officers, there can be complaints launched with LERA and a complaint can go into LERA. This has some modifications to LERA but with a broader code of conduct that each individual munici­pal force and other forces will have to have. I think there'll be more op­por­tun­ity for those to be dealt with more quick­­ly and at the level of the munici­pal or other force.

Ms. Fontaine: It was reported recently in the media that, at least for parts of 2020, all of the positions at LERA, except for the com­mis­sioner, were vacant. Why were there so many vacancies?

Mr. Goertzen: I think that that's a question that would be better posed in the Estimates process as opposed to on this bill today.

Mr. Gerrard: The IIU was set up to be an in­de­pen­dent assessor of problems related to police conduct. One of the concerns about a situation being handled by the local police force is that it's not an–in­de­pen­dent of the police force. Wouldn't there–it be better to have a more in­de­pen­dent body like the IIU evaluate complaints or concerns related to the police not fol­low­ing code of conducts properly?

Mr. Goertzen: Well, I think it's im­por­tant to re­member that there's a difference, right? The IIU generally deals with things that haven't–that reach a criminal standard, where there's a complaint against an officer that might in some way be criminal in nature.

      Codes of conduct, you know, are–would not be dealing with criminal matters in that way. There might be things that, while im­por­tant, would be at a lower level than a criminal concern that an officer may have been engaged in.

Ms. Fontaine: Complaints have come forward from citizens saying and–that the LERA process, which can take months and months, and I quote: as sucks the life out of you. End quote.

      What spe­cific­ally will Bill 30 do to address the concerns of those facing long waits to have their concerns addressed?

Mr. Goertzen: Yes, I ap­pre­ciate the member raising this question and I have some of the similar concerns. And I think in talking to officials, their belief is that, you know, when we build up the codes of conduct in how those should be responded to on a province‑wide basis, is that might go a long way in capturing some of the things that are going to LERA now but that aren't being responded to quickly. But I would, obviously, be happy to hear the member's input as those codes of conduct are being developed.

Mr. Gerrard: Yes, I get the minister's point that IIU will deal primarily, more exclusively with things which are criminal in nature.

      But it–the principle that you need somebody, some people, a com­mit­tee, what have you, that's in­de­pen­dent of the police force to be looking at issues related of code of conduct, I think still applies.

      And, you know, just like, you know, we've been talking about having a–an individual with the Legislature who would be respon­si­ble for looking into complaints related to harassment and so on, that it would be im­por­tant to have somebody who is not perceived–

Madam Speaker: The member's time has expired.

* (17:20)

Mr. Goertzen: Yes, I think I got the member's point. I think he needs to remember that the code of conduct might, you know, might, very well, in some situations, require that there be an external in­vesti­gation. But I also think that it's im­por­tant to remember that, you know, often as, you know, if the concern here is that some­thing will be hidden or won't be public, then the issue might be as much about transparency and reporting back to the individual who launched the complaint as whether or not as an in­de­pen­dent review.

      But those are all good questions that'll be dis­cussed as these codes of conduct are developed.

Madam Speaker: Are there any further questions?

      Oh, the hon­our­able member for River Heights (Mr. Gerrard).

Mr. Gerrard: Yes, just to–the–it seems to me that the gov­ern­ment is recog­nizing some­thing that the Liberal Party–[interjection]

Madam Speaker: Order.

Mr. Gerrard: –recog­nized some time ago, and that there are elements of policing that we need to have centrally for the whole province, and that need to be under the Province as opposed to a police force which is like the RCMP. Although, under the Province is actually–the officers and so on are hired by the federal gov­ern­ment.

      So is it the aim of the gov­ern­ment to set up a  central criminal intelligence centre plus other activities that would oversee policing for the whole province, and to what extent or how far is the minister going to go?

Mr. Goertzen: Well, the Police Com­mis­sion self‑oversees policing for the whole province, and they will have, under this bill, the respon­si­bility to ensure that standards are being met. So it's the Police Com­mis­sion that's doing–will be vested with that work.

      But there are elements of policing where you need sort of, you know, scale. And so whether it's, you know, ballistics testing or tracing of guns that are used in an illegal crime, really small police forces that exist in Manitoba can't always do that work. So we often rely, then, on whether it's the RCMP or some of that sometimes happens out of province, where you do need more scale to do some of that work.

Debate

Madam Speaker: If there are no further questions, we will move on to–[interjection] If there are no further questions, we will move on to debate.

Ms. Nahanni Fontaine (St. Johns): So, I know that a couple of months ago, there was sig­ni­fi­cant interest in Bill 30, and I think one of the reasons why there was sig­ni­fi­cant interest in Bill 30 and anything that had to do with amending The Police Services Act was because the anticipation, or the ex­pect­a­tion, was that there was going to be sig­ni­fi­cant changes.

      And unfor­tunately, there's really nothing, particularly when we look at LERA in respect of any substantive, transformative change to the public complaints processes here in Manitoba, and that's disappointing.

      Bill 30, in respect of LERA, simply only moves the reporting time frame to six months, and while that's fine, I think–I would agree with the minister that that's im­por­tant. It's important to put in, you know, have Manitoba's complaints processes kind of in line with other provinces and juris­dic­tions.

      However, that's it. That's all that Bill 30 does in respect of LERA.

Mr. Andrew Micklefield, Deputy Speaker, in the Chair

      You know, we know that there have been sig­ni­fi­cant concerns and complaints and criticisms of LERA's effectiveness for years and years and years. And begin­ning from the '90s–and, you know, I know that the minister was close to being here for that long. But it's disappointing that–to see that the minister didn't choose to delve in deeper into LERA and how to strengthen LERA, parti­cularly when the gov­ern­ment spent money on a police service's review.

      In my questions to Bill 30, I asked several ques­tions about many of the recom­men­dations that came from the police service's review and, in fact, we don't see, in this current legis­lative agenda from the PC gov­ern­ment, really any sub­stan­tial tackling of the police service's reviews, recom­men­dations–like, liter­ally the bare minimum.

      So, you know, I don't know why the minister hasn't chosen this op­por­tun­ity, parti­cularly when they paid money for a police services review, to start undertaking a transformative, you know, reform for LERA. I'm not sure.

      But what I do know, though, is that since the PC gov­ern­ment came into admin­is­tra­tion, into gov­ern­ment, one of the things that they've done with every­thing–we know that–was to cut, you know, dollars and programs and services, but also what they've done is that they've left significant positions vacant. They've gone vacant for many, many years, and LERA is no different.

      It's pretty telling where the gov­ern­ment's commit­ment is to account­ability and complaints, a robust 'comblaints' system, when the gov­ern­ment has chosen to leave vacant positions at LERA.

      Now, you know, there have been–you know, I can't remember what the number of complaints that go into LERA every year, but I think it's im­por­tant to recog­nize that even, let's say it was, you know, a couple of hundred complaints, that is a sig­ni­fi­cant amount of labour that LERA needs to be able to thoroughly in­vesti­gate just one complaint. So I can imagine, with hundreds of complaints coming into the office and having a bare‑bones staff to be able to under­­­take these in­vesti­gations, again, is not right; it's not proper.

      The gov­ern­ment is failing Manitoba citizens who want to file complaints in respect of their interaction with different policing in­sti­tutions here in Manitoba. You know, is that in­ten­tional? I would suggest yes. I would suggest to the House that it is in­ten­tional.

      We know that the gov­ern­ment has actually saved about $600,000 by not staffing these vacant positions. And as we, on this side of the House, have said many, many times, at the end of the day, the only thing that this gov­ern­ment cares about is dollars and cents, so much so that this gov­ern­ment, even though they said that they wanted to look at police service reform, has done the bare minimum. And so much so–they care so much more about money than they do about having a policing infra­structure in Manitoba that is fair, that is respectful, that complies with the duties and respon­si­bilities of their roles as peace officers–so much so that they don't care if Manitoba citizens file complaints.

      They don't care if those complaints come in be­cause they're not going to hire anybody to actually in­vesti­gate those complaints. That's a sad commentary.

      And one of the reasons why it is also a very sad commentary is that we know that a good percentage of complaints that come into LERA–and, again, LERA's not the only public complaints infra­structure that we have; the Winnipeg Police Service has the Pro­fes­sional Standards Unit, the RCMP has their own internal complaints process which is a whole other different beast. But we know that a good percentage of the folks that make complaints in respect of their interactions with police are BIPOC citizens, are Black, Indigenous and people of colour. Because we know that and there's no denying that, you know, there are often interactions that are very different for BIPOC Manitobans than there are for non‑BIPOC Manitobans.

      And so, not only does the PC–not only has the PC government shown that it doesn't care about the complaints process, it wants to make sure that it doesn't have an infra­structure because they just don't care. They care more about money but, more im­por­tantly, they don't care if BIPOC Manitobans have complaints about their interactions with policing in­sti­tutions because they care even less because it's BIPOC Manitobans. That is a sad, sad commentary.

      In my final couple of minutes, attached to the bare, bare minimum of what's been done for LERA, one of the things that this bill does is it says that a code of conduct for police officers in Manitoba police ser­vices may be esta­blished by the director of policing. The chief of police must provide the director of policing with a report on each contravention of the code of conduct by a police officer.

* (17:30)

So (1) it–this bill doesn't say that they're mandating a code of conduct, that chiefs of police have–they've got to 'estamblish'–esta­blish code of conducts for their members. If they choose to do it, then chiefs of police have to report to the director of policing, you know, anything that contravenes the supposed code of conduct. But that's it.

      There's no con­se­quences to that, there's no reporting of it. Like, nobody is going to see if Officer A contravened code of conduct, you know, section 5, subsection, you know, (b), whatever it is. Nobody is going to know about that. There's nothing. This bill is so loosey‑goosey.

      And it does nothing to protect Manitoba citizens when they come into contact with Manitoba police members or police in­sti­tutions. It does nothing to protect the complaints process other than just extend­ing the deadline to which you can file a complaint. But if you file a complaint, you know, within, you know, four months or five months or six months, there's no guarantee that there's actually going to be any staff to actually do the in­vesti­gation and review of your com­plaints process.

      And then finally, Madam–or, Deputy Speaker, you know, this gov­ern­ment just doesn't care. Doesn't care about a complaints process, doesn't care if there's an in­vesti­gative process. Again, this bill is literally, literally the bare, bare, bare minimum that this gov­ern­ment could do to reform police–The Police Services Act here in Manitoba. And we could have done so much more.

      I don't know why they spent so much money on the police services review when they chose not to do anything with it. I know the minister is saying more is to come, I look forward to that, to seeing what else is going to be there. I hope–I hope for Manitobans' sakes that there's going to be a sub­stan­tial overhauling.

      And again, that's what–you know, I started this debate by saying that's what everybody was ex­pect­ing. Everybody was expecting that there would be a complete overhaul of LERA. LERA doesn't work. Manitobans don't get a sense of justice, don't feel like their complaints are heard or investigated process–properly.

      We can do better here in Manitoba. We must do better for citizens when they come into contact with policing in­sti­tutions and there have been a violation of their rights.

      Miigwech.

Hon. Jon Gerrard (River Heights): Mr. Speaker, I would like to comment on a few points in Bill 30, The Police Services Amend­ment and Law En­force­ment Review Amend­ment Act.

      There are three basic elements in this piece of legis­lation, one esta­blish­ing the Manitoba Criminal Intelligence Centre; and the second, esta­blish­ing standards respecting police service operations; and third, esta­blish­ing a code of conduct for police officers in Manitoba.

      In all three of these, there is a recog­nition that some functions are needed to be handled at a prov­incial scale and some functions related to policing can be best handled locally. But certainly, when we're talking at a prov­incial scale, it is time, as Manitoba Liberals have pointed out, that we recog­nize there needs to be a province‑wide effort, at the very mini­mum in certain areas.

      And that province-wide effort is being esta­blished or expanded here first of all with regard to the esta­blish­ment of the Manitoba Criminal Intelligence Centre. This, I believe, is a worthwhile effort to co‑ordinate intelligence among police services through­out the province. There is some of this al­ready, and certainly some co-ordination with the RCMP nationally, but I think that there is a need to have a provincial and province-wide intelligence base when we're looking at criminal activity and crime in the province.

      This is true not just for reporting and sharing criminal intelligence, but it is true for preventing crime as well, and hopefully the Manitoba Criminal Intelligence Centre will take a look in a little more detail about approaches to preventing crime.

      The reporting of the criminal intelligence director and some of the functions are still a little bit vague. We are told that the criminal intelligence director is involved in provi­ding advice to the director on policing standards and code of conduct for police officers. And yet, the minister was a little bit vague about how the criminal intelligence director and the police director mentioned in this bill will relate–or, the director of policing. I think that could've been clearer and in the future, it may be important that that is esta­blished with greater clarity.

      The director of policing can esta­blish standards on police service operations. Now, this is reasonable and timely, I think, to have province‑wide standards. These standards can be based–or, developed in part based on what standards are elsewhere.

      I have already suggested that it would be smart to have a standard related to the use of tasers and fire­arms, spe­cific­ally.

      And it would be smart to have a standard for the involvement of people with mental health and social worker back­ground working together with police officers in addressing situations where there are in­divid­uals who have brain con­di­tions–whether mental health con­di­tions, whether brain injury, whether neuro­developmental issues, whether what people are referring to as neurodiversity–that in­creasingly, it's going to be very im­por­tant to have working side by side with police officers individuals who have a mental health or social work back­ground.

      And this standard should be developed now, be­cause this pattern of co-operative activity is in­creasingly happening and becoming more and more im­por­tant.

      The third area of this bill deals with the code of conduct. There are elements here which really do need work and clari­fi­ca­tion–the issue of who can raise a concern. And the minister has suggested that there might be a website where people could type in their concern. That's one possi­bility, but it's not clear that that's actually what the minister is going to do, or if he's going to follow another course. And it seems to me that in putting forward this legis­lation, one of the real keys is making sure that there is an easy way for people to write in concerns about police 'clode' of conduct.

      We live at a time when, with social media and the ease of people recording videos, that the lives of police officers and the lives of many other people are being recorded in various ways. And so, we're living in a world which is more trans­par­ent, more account­able in some ways. And it's going to be im­por­tant to have it organized, because there could be a lot or there could be few concerns raised, depending on the cir­cum­­stance. It's going to be important that we have a way that is easy for these concerns to be raised.

      It is also going to be very im­por­tant for these concerns to be handled in a way that is helpful, both to the person who brings them forward and to the police officers, and in a way that will, over time, improve the interaction of people and police officers.

* (17:40)

      Police officers are fun­da­mentally here to protect and to help citizens. And it's im­por­tant that we improve the relationship between police officers and the rest of the popu­la­tion and that the police officers are seen and are acting a way that follows the code of conduct that's developed; and in doing so, are able not only to carry out their duties, but to carry out their duties in a way that garners the respect and the credibility from all Manitobans. This is respect and credibility which police officers deserve, but only when things are more open and you have op­por­tun­ities to address issues can this actually happen.

      So I have suggested to the minister that there will need to be some in­de­pen­dence of the individual, group, com­mit­tee–whatever–task force that is hand­ling these concerns and following them up, that this has got to be done efficiently so that there isn't the kind of backlog that we've had with LERA.

And for the minister to come here and present the bill without having these things laid out and so that we can have some assurance that valuations, assessments, in­vesti­gations are going to be done fairly and we're going to have assurances that there will be the ability to do this in a reasonably quick way so that you don't have backlogs as we are seeing all too often with this gov­ern­ment in other areas.

      So those are my comments.

      Mr. Speaker, we are ready to support this legis­lation and we're hoping that the minister can provide more details at the com­mit­tee and later stages and will have some of these things better developed than they are at the moment.

      Thank you.

Mr. Deputy Speaker: Is the House ready for the question?

Some Honourable Members: Question.

Mr. Deputy Speaker: The question before the House is second reading of Bill 30, The Police Services Amend­ment and Law En­force­ment Review Amendment Act.

      Is it the pleasure of the House to adopt the motion? [Agreed]

      I declare the motion carried.

Debate on Second Readings

Bill 7–The Police Services Amendment Act
(Enhancing Independent Investigation Unit Operations)

Mr. Deputy Speaker: We now move to debate on Bill 7, The Police Services Amend­ment–[interjection]–debate on second reading–excuse me–on Bill 7, The Police Services Amend­ment Act (Enhancing In­de­pen­dent In­vesti­gation Unit Operations).

      The floor is open for debate. Are there any speakers?

Hon. Jon Gerrard (River Heights): Madam Speaker–or, Mr. Speaker, I'm–want to just put a few words on the record here related to Bill 7, enhancing in­de­pen­dent in­vesti­gation units operations.

      The IIU was set up originally to provide in­de­pen­dent in­vesti­gations of situations where there was potential criminal activity by members of the police service, and it was set up to provide some level of in­de­pen­dence from the police service itself and from members of the police service.

      The in­de­pen­dence of the IIU is tre­men­dously im­por­tant, and making sure that this situation is such that that in­de­pen­dence continues is going to be vital. It has been suggested to me that there may be some in­stances where the IIU should have the ability to involve individuals from outside of the province who would be less biased and not have an inherent either past back­ground related to the police forces in Manitoba, and that that would be a way of making sure that we have an IIU which is able to do its job even better than it has been able to do it at the moment.

      But certainly, where we stand now, we are very much looking forward to having this go to com­mit­tee, to having a full discussion of this bill and of the actions and the future of the IIU. This will, I think, enhance the activities of the IIU.

      It will help to have a director of Indigenous com­mu­nity relations, recog­nizing that the–there is a level of interaction between police and members of the Indigenous com­mu­nity which is im­por­tant that it be addressed. And the same is also true of other members of the 'bicop' com­mu­nity, Black com­mu­nity and people of colour in Manitoba.

      We want to make sure that all Manitobans, whatever their back­ground, whatever their ethnicity, whatever their race, are treated fairly and that police are respected for the fairness in which they act and in which they contribute to the future situation where we hope there will be less of a problem between members of the police force and incidents with the police force interacting with members of the BIPOC com­mu­nity in ways that are, let's say, questionable.

      I think it is good, and I know that the–for ex­ample, the Winnipeg Police have esta­blished a com­munity relations officer who's–makes a big effort to get out and talk with people in various com­mu­nities. And certainly, there has been some im­prove­ment over the last two decades, but we still have a way to go, and I hope that through this process and through what happens at com­mit­tee stage that we're going to be able to make more progress in this direction.

      So with those few comments, Mr. Speaker, I'll sit down and await this bill going to com­mit­tee where we can have further discussion.

      Thank you.

Mr. Deputy Speaker: The question before the House is second reading of Bill 7, The Police Services Amend­ment Act (Enhancing In­de­pen­dent In­vesti­gation Unit Operations).

      Is it the pleasure of the House to adopt the motion? [Agreed]

      I declare the motion carried.

Bill 8–The Court of Appeal Amend­ment and Provincial Court Amendment Act

Mr. Deputy Speaker: I will now call Bill 8 to complete the second reading debate process on this bill where the official op­posi­tion critic, the hon­our­able member for St. Johns, has eight minutes remain­ing and the in­de­pen­dent members can speak for 10 minutes each.

Ms. Nahanni Fontaine (St. Johns): Well, I spoke a couple of minutes to this. I think that this is an im­por­tant first step. I know that there's been a movement–again, I will acknowl­edge Rona Ambrose for bringing forward this at–in Parliament on a federal level to ensure that judges have proper training on sexual assault, rape and rape culture and consent.

      Again, as I said previously in my comments, you know, this is training that's needed. You know, every­body–every work­place needs parti­cular training. I mean, I heard on CBC this morning the Premier (Mrs. Stefanson) getting asked about training for, you know, civil service in respect of recon­ciliation.

      And, you know, I would submit to the House that judges that sit and preside over cases of sexual assault are no different, parti­cularly those–I mean, this doesn't go far enough, Deputy Speaker. It's only re­ferring to new judges that have to take training on said.

* (17:50)

       But I would submit that, you know, judges, parti­cularly that have been there a long time, need training on sexual assault and rape culture and consent. We've seen some pretty, pretty grotesque commentary from judges presiding over sexual assault cases–really grotesque.

      And, again, I know that I mentioned Robert Dewar here–or Judge Dewar–who basically was trying to attempt to construct the victims in a parti­cular case as inviting the sexual assault of an individ­ual that he then proceeded to try and socially construct as a clumsy Don Juan. Like, oh, this poor guy. He's just so clumsy. He doesn't know how to, you know, woo and seduce women. Those were the–that's the language that he used.

      We have another judge that, you know, again, in the last many years asked a rape survivor why she didn't put her buttocks down in the sink so that she wouldn't be penetrated by her rapist. And this is, like, the most grotesque examples of people in positions of power that don't have the necessary knowledge and training in order to protect victims. And so not only is it a case of what you say to victims in court, but then how that impacts on your judgment and rendering judgment or sentencing in a case.

      And so, yes, this is a good first step. I don't think it's as com­pre­hen­sive as we need it to be. It certainly doesn't include JJPs; JJPs play a very im­por­tant role within our judiciary, and I would submit to the House need to also have that training, that mandatory training in respect of sexual assault and rape culture, all of that. Because they do play an im­por­tant role in our system and they are omitted from this piece of legis­lation–again, it's a good first step. We could have gone further.

      And, you know, I want to acknowl­edge, you know, the women who have courageously come for­ward to demand these changes within the judiciary. It's not easy for women who have gone through sexual assault, and the myriad of different things that women go through.

      You know, earlier today when I spoke on my member's statement–I had to cut out because I didn't have enough time–but out of every 100 sexual assault incidents, only six are ever reported. So you have 100 pre­domi­nantly women and girls who are sexually assaulted, and out of those 100, only six will ever go to the police because you are intrinsically, first off, traumatized and all of that that comes with it: the shame, the blaming, the fear of what people are going think. And then to open yourself up to police in a room–and I know that, you know, I've worked with some, quite honestly, some pretty phenomenal Winnipeg police officers that try to make that process as safe and comfortable as possible. And even in the best circum­stances, a woman having to open herself up and to share such intimate, horrendous details is over­whelming and intimidating. And very, very few choose that path. And so, and then, you know, out of the six, you know, the percentage is even lower of those that actually make it to the court system.

      So when we look at sexual assault in it's totality, we need to do more not only in respect of training, but we need to do more in respect of the resources and the supports that are there to ensure that, first off, it doesn't happen. And as I said in my member's state­ment, this is a men's issue. Men have to step up. They  have to be accountable. They have to do–it is within their power to stop sexual assault and sexual harassment.

      This is a men's issue, and yet, it is always women that are bearing the brunt of all the labour of stopping the violence against our bodies.

      And so, that has to stop–the infra­structure. And then, again, you know, that com­pre­hen­sive infra­struc­ture, so that those women that do come forward are believed, and do find justice within the justice system. But you're certainly not going to find justice in the justice system if we have presiding judges that still have a very archaic, dinosaur view of what sexual assault and sexual harassment is, and particularly when you have presiding judges that would say just grotesque, 'disgussing' commentary to victims.

      So, it's a good start. It needs to go a lot, lot, further to protect women and girls here in Manitoba.

      Miigwech.

Ms. Cindy Lamoureux (Tyndall Park): I'd like to thank the minister for bringing forward this legis­lation.

      And, just to provide a little bit of back­ground on this legis­lation: it was actually Rona Ambrose–and she was the former interim leader of the Canadian Conservative Party–who first brought forward legis­lation that was quite similar to this, Mr. Deputy Speaker.

      And, since then, it's been passed in prov­incial jur­is­­dic­tions, as well; it's been passed in Prince Edward Island and Ontario. And even here in this House, Mr. Deputy Speaker, legis­lation that is very similar has been intro­duced by the gov­ern­ment now; it's been intro­duced by myself, the Manitoba Liberal Party; and it's been intro­duced by the NDP, the New Democrats, here in Manitoba as well, which I think just speaks to how im­por­tant the legis­lation is and the unanimity behind how we all feel that it would be im­por­tant.

      And I do believe the bill could go forward, but this is a start, Mr. Deputy Speaker.

      You know, mandating prov­incial-appointed judges to take formal courses in dealing with sexual assault, this was the idea behind the legis­lation when I first brought it forward. And it actually–a little bit more back­ground, Mr. Deputy Speaker–it was on October 13th, 2020, I wrote a letter to the minister telling him about the idea that Rona Ambrose had intro­duced at a federal level.

      And I explained the legis­lation to him, and I actually shared a member statement in a letter to the minister before I presented it here in the House, talk­ing about the importance of the legis­lation and ad­vising the gov­ern­ment intro­duce this form of legis­lation, and how I would be honoured to be part of it in any way. I think I even suggested that I would second the legis­lation, going across party lines, this non‑partisan issue.

      And in this legis­lation idea, it did talk about mandating prov­incial-appointed judges to take a formal course in dealing with sexual assault, and it proposed that the Criminal Code require judges to provide their reasons for decisions made in sexual assault proceedings.

      Now, since then, over the last year, I've had the op­por­tun­ity to speak with the Minister of Justice (Mr. Goertzen) and the current Minister of Finance (Mr. Friesen), now, Mr. Deputy Speaker, and we had many one-on-one con­ver­sa­tions just about the im­portance of the judiciary.

      And I know, over the last year, I've learnt a lot about the importance of in­de­pen­dence in our judiciary system, as well, Mr. Deputy Speaker. And there's this line that we have to find where the in­de­pen­dence in our judiciary is of utmost importance, and we want to support that fully; and it's equally important that we continue to progress Manitoba forward with sexual assault awareness and training. So, it's finding that line.

      And it's im­por­tant to–in talking about this legis­lation, we need to talk about why this training is so critical, and just people–the sensitivity that needs to come along with it, Mr. Deputy Speaker.

      People who ex­per­ience sexual assault will often ex­per­ience feeling distressed and traumatized, and feelings from scared, to angry, to anxious, sad and upset, Mr. Deputy Speaker. And the stigma around it has created feelings of embarrassment and feelings of being ashamed. And oftentimes, people will struggle with guilt, even though these victims of sexual assault do not deserve to feel guilty even in the slightest. It is not their fault at all, and yet, these over­whelming, encompassing feelings take over a person and can be controlling.

* (18:00)

      And that's why–these life-changing feelings–why it's so im­por­tant that people in the fields facing individuals who have ex­per­ienced sexual assault have the proper training and are equipped to deal with what a victim of sexual assault might be ex­per­iencing.

      And just to share a couple of examples, Mr. Deputy Speaker: in this case, the justice legis­lation, with judges, individuals not only deserve to have a fair trial and to be considered by a judge–[interjection]

Mr. Deputy Speaker: Order, please.

Ms. Lamoureux: Thank you, Mr. Deputy Speaker. It's a sensitive topic and I would ap­pre­ciate if mem­bers of the House did–weren't laughing as I'm talking about sexual assault training.

      It's im­por­tant that judges are properly trained when it comes to language and terminology. And we heard examples from the member from St. Johns and those were good examples, but a judge without knowing it could actually in–further harm a victim of sexual assault by using language that actually de­bilitates them further rather than uplifts them and creates space for healing, Mr. Deputy Speaker. And that's why it's im­por­tant that, in this case, judges have the proper training.

      We can also–it's equally applicable to our health care and edu­ca­tion system, Mr. Deputy Speaker. When I think about health care, I think about physical health, I think about mental health and we've talked lots about mental health recently in this–in these Chambers. [interjection]

Mr. Deputy Speaker: Order, please.

      I'd just remind all members this is an extra­ordin­arily sensitive topic and if you have con­ver­sa­tions that you want to have with other members, that is fine. I would ask that you have those on the couches, on the loges or outside of this room. Let's respect the member who is speaking and the subject matter which is being debated this afternoon–or, now evening.

Ms. Lamoureux: I ap­pre­ciate that a lot.

      This is equally im­por­tant when it comes to our school systems and our health-care system and why it is people need to be properly trained and equipped to talk about sexual assault and sexual assault law.

      I think about it, whether it's health care and mental health. It's why we need the resources here in Manitoba. Right now we need to regulate psycho­therapy, Mr. Deputy Speaker. We need to ensure that when people and, in this case, victims of sexual assault are seeking out help, that the people that they are talking to, the pro­fes­sionals that they are talking to, are properly trained and properly equipped. So judges, psychotherapists. We can even talk about our teachers, Mr. Deputy Speaker.

      We know that students here, children here in Manitoba, the hope is they feel safe in their school systems. And, oftentimes, students will end up talking to their teachers about what is going on for them personally, what's happening in their homes, in their families of origin. And a lot of the time, they are sharing with their teachers experiences they have shared and sometimes these are sexual assault cases, Mr. Deputy Speaker.

      And that's why, whether it's teachers, whether it's mental health care pro­fes­sionals, whether it's judges for this legis­lation, it's extremely im­por­tant people are properly trained to address these serious issues.

      So I do believe this bill is a great step in the right direction. We need to make sure that this gov­ern­ment does not select the partisan appointee in place of the chief judge and we need to continue to aim for strong­er language because we want those making decisions to have proper training on things like sexual assault law, on systemic racism, on systemic discrimination.

      And as MLAs, I truly do consider this an honour to be able to take part in the debate around this legis­lation because it is life changing and we need to make sure we are doing our diligence to make sure that leaders and decision makers are making thoughtful–and they are well-equipped to be making these thoughtful decisions.

      Thank you, Mr. Deputy Speaker.

Hon. Jon Gerrard (River Heights): Yes, I have a very brief comment. I want to, first of all, stress how im­por­tant it is, this subject, because sexual assault cases have not always been handled well and we need to do much better.

      It's also im­por­tant because the rate of sexual assaults in Manitoba is about double the national average. And so it is a problem that we have here, which is greater than elsewhere, and we need to pay extra attention to it and to do it well.

      And third, I want to salute my colleague, the MLA for Tyndall Park, for being a leader in this area and advocating for better training. The MLA for Tyndall Park has trained herself in delivering psycho­therapies and is very ex­per­ienced in this area, and she has done, I believe, an extra­ordin­ary piece of work in helping to bring this legis­lation forward and to do it in a way that is co‑operative.

      So thank you to my colleague, and with that, thank you, Mr. Speaker, for that op­por­tun­ity.

Mr. Deputy Speaker: The question before the House is second reading of Bill 8, The Court of Appeal Amend­ment and Prov­incial Court Amend­ment Act.

      Is it the pleasure of the House to adopt the motion? [Agreed]

      I declare the motion carried.

Bill 16–The Financial Administration Amendment Act

Mr. Deputy Speaker: Now move to–I will now call Bill 16 to complete the second reading debate process on this bill where the hon­our­able members for Tyndall Park and River Heights can speak for 10 minutes each.

Hon. Jon Gerrard (River Heights): I will be very brief, Mr. Speaker. My colleague, the MLA for St. Boniface, has already spoken at length. This is not a good bill, and we're not going to be supporting it.

      But I want to point out one parti­cular thing and that it's very clear what this gov­ern­ment is trying to do by separating the hydro–Manitoba Hydro from the rest of the budget. The gov­ern­ment is trying, artificially, to separate the two and to have books for the budget look better than they really are because he's trying to separate out the debt for Manitoba Hydro instead of trying to pool the debt collectively for all the Crown cor­por­ations as well as the gov­ern­ment, which is what has been done in the past.

      So with those comments, I thank you for the op­por­tun­ity and look forward to this further debate.

Mr. Deputy Speaker: The question before the House is second reading of Bill 16, The Financial Administra­tion Amend­ment Act.

      Is it the pleasure of the House to adopt the motion?

Some Honourable Members: Agreed.

Some Honourable Members: No.

Mr. Deputy Speaker: I hear a no.

Voice Vote

Mr. Deputy Speaker: All those in favour of the motion, please say yea.

Some Honourable Members: Yea.

Mr. Deputy Speaker: All those opposed, please say nay.

Some Honourable Members: Nay.

Mr. Deputy Speaker: In my opinion, the Yeas have it.

      I declare the motion carried.

Recorded Vote

Ms. Nahanni Fontaine (Official Opposition House Leader): A recorded vote, please.

Mr. Deputy Speaker: A recorded vote being called, call in the members.

Madam Speaker in the Chair

Madam Speaker: The question before the House is  second reading of Bill 16, The Financial Administration Amend­ment Act.

* (18:10)

Division

A RECORDED VOTE was taken, the result being as follows:

Yeas

Clarke, Cox, Cullen, Eichler, Ewasko, Fielding, Goertzen, Gordon, Guillemard, Helwer, Isleifson, Johnson, Johnston, Khan, Lagassé, Lagimodiere, Michaleski, Micklefield, Morley‑Lecomte, Nesbitt, Pedersen, Piwniuk, Reyes, Schuler, Smith (Lagimodière), Smook, Squires, Stefanson, Teitsma, Wharton, Wishart, Wowchuk.

Nays

Altomare, Asagwara, Brar, Bushie, Fontaine, Gerrard, Kinew, Lamont, Lamoureux, Lathlin, Lindsey, Maloway, Marcelino, Moses, Naylor, Sala, Sandhu, Smith (Point Douglas), Wasyliw, Wiebe.

Clerk (Ms. Patricia Chaychuk): Yeas 32, Nays 20.

Madam Speaker: The motion is accordingly passed.

* * *

Hon. Kelvin Goertzen (Government House Leader): Madam Speaker, can you canvass the House and see if it's the will of members to call it midnight.

Madam Speaker: Is it the will of members to call it midnight? [Agreed]

      The hour being midnight, this House is adjourned and stands adjourned until 1:30 p.m. tomorrow.

 


 


LEGISLATIVE ASSEMBLY OF MANITOBA

Tuesday, April 26, 2022

CONTENTS


Vol. 42b

ROUTINE PROCEEDINGS

Introduction of Bills

Bill 234–The Drug‑Related Death Bereavement Day Act

B. Smith  1599

Bill 225–The Non-Disclosure Agreements Act

Lamont 1599

Tabling of Reports

Gordon  1599

A. Smith  1599

Ministerial Statements

Chief Dennis Meeches

Lagimodiere  1599

Bushie  1600

Lamont 1601

Severe Weather Event Update

Piwniuk  1601

Wiebe  1602

Gerrard  1602

Members' Statements

Anne Penonzek

Cox  1603

Early Childhood Educators in Union Station

Asagwara  1603

Gimli New Horizons 55+ Centre

Johnson  1604

Sexual Assault Awareness Month

Fontaine  1604

David Barber

Gerrard  1605

Oral Questions

Infrastructure Spending

Kinew   1605

Stefanson  1605

St. Boniface Hospital

Kinew   1606

Stefanson  1607

Health-Care System Consolidation

Asagwara  1608

Gordon  1608

Education System

Altomare  1609

Ewasko  1609

Education Funding Review

Altomare  1609

Ewasko  1609

Electrification of Public Transit

Naylor 1610

Helwer 1610

Supplementary Estimates Books

Wasyliw   1611

Fielding  1611

Winnipeg Hospitals

Lamont 1612

Gordon  1612

Personal-Care-Home Facilities

Lamoureux  1612

Johnston  1612

St. Boniface Hospital

Teitsma  1613

Gordon  1613

Avian Flu Cases

Brar 1613

Johnson  1613

ORDERS OF THE DAY

(Continued)

GOVERNMENT BUSINESS

Second Readings

Bill 33–The Municipal Assessment Amendment and Municipal Board Amendment Act

Clarke  1614

Questions

Wiebe  1616

Clarke  1616

Gerrard  1616

Debate

Wiebe  1618

Gerrard  1620

Bill 34–The City of Winnipeg Charter Amendment and Planning Amendment Act

Clarke  1621

Questions

Wiebe  1622

Clarke  1622

Gerrard  1622

Debate

Wiebe  1625

Gerrard  1627

Bill 2–The Public Services Sustainability Repeal Act

Helwer 1628

Questions

Lindsey  1628

Helwer 1628

Lamont 1629

Debate

Lindsey  1630

Lamont 1631

Bill 21–The Highway Traffic Amendment and  Manitoba Public Insurance Corporation Amendment Act

Piwniuk  1632

Questions

Wiebe  1633

Piwniuk  1633

Lamont 1633

Debate

Wiebe  1637

Lamont 1639

Bill 30–The Police Services Amendment and Law Enforcement Review Amendment Act

Goertzen  1639

Questions

Fontaine  1641

Goertzen  1641

Gerrard  1641

Debate

Fontaine  1643

Gerrard  1645

Debate on Second Readings

Bill 7–The Police Services Amendment Act (Enhancing Independent Investigation Unit Operations)

Gerrard  1647

Bill 8–The Court of Appeal Amendment and Provincial Court Amendment Act

Fontaine  1647

Lamoureux  1648

Gerrard  1650

Bill 16–The Financial Administration Amendment Act

Gerrard  1650