VOL. XLIV No. 7 - 10 a.m., FRIDAY, DECEMBER 9, 1994

Friday, December 9, 1994

LEGISLATIVE ASSEMBLY OF MANITOBA

Friday, December 9, 1994

The House met at 10 a.m.

PRAYERS

ROUTINE PROCEEDINGS

PRESENTING PETITIONS

Physical Education in Schools

Mr. Kevin Lamoureux (Inkster): Mr. Speaker, I beg to present the petition of J. Comett, N. Borotsik, Dave Bauman and others urging the Minister responsible for Education (Mr. Manness) to consider reinstating physical education as a compulsory core subject area.

Rent Hike Cancellation

Mr. Doug Martindale (Burrows): Mr. Speaker, I beg to present the petition of Harry Cook, Donald Burke, Hyke Briggs and others urging the Minister responsible for Housing (Mrs. McIntosh) to consider cancelling the recent unilateral rent hikes.

READING AND RECEIVING PETITIONS

Physical Education in Schools

Mr. Speaker: I have reviewed the petition of the honourable member (Mr. Lamoureux). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?

An Honourable Member: Yes.

Mr. Speaker: Yes? Okay, the Clerk will read.

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

THAT in July 1994, the Minister of Education introduced an action plan entitled Renewing Education: New Directions;

THAT this report will make physical education an optional course in Grades 9 to 12;

THAT the physical education curriculum should be regularly reviewed to ensure that it meets the needs of students;

THAT the government is failing to recognize the benefits of physical education such as improved physical fitness, more active lifestyles, health promotion, self-discipline, skill development, stress reduction, strengthened peer relationships, weight regulation, stronger bones, reduced risk of health diseases and improved self-confidence.

WHEREFORE your petitioners humbly pray that the Legislative Assembly urge the Minister responsible for Education to consider reinstating physical education as a compulsory core subject area.

Physical Education in Schools

Mr. Speaker: I have reviewed the petition of the honourable member (Ms. Cerilli). It complies with the privileges and the practices of this House and complies with the rules. Is it the will of the House to have the petition read?

An Honourable Member: Yes.

Mr. Speaker: Yes, you do. Okay, the Clerk will read.

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

WHEREAS the proposed changes to the Manitoba curriculum would have no physical education required for students after Grade 8; and

WHEREAS the social, intellectual, emotional and physical benefits of physical education have been proven through extensive research; and,

WHEREAS requiring physical education for high school sends a message that physical activity is important for life and encourages high school students to make life choices to stay active and it fits into a preventative health strategy; and,

WHEREAS many parents, students, medical professionals and educators, health and recreation specialists are urging that physical education be increased in schools.

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba may be pleased to request the Minister of Education to consider maintaining physical education as part of the core curriculum from kindergarten to senior high.

* (1005)

TABLING OF REPORTS

Hon. Eric Stefanson (Minister of Finance): Mr. Speaker, I have four reports to table: the 1993-94 Annual Report of the Department of Finance; the 1993/94 Annual Report of the Special Operating Agencies Financing Authority; the Report to the Legislative Assembly from the Manitoba Provincial Auditor for the fiscal year ending March 31, 1994, and the Provincial Auditor's Report 1994/95, Volume 1.

INTRODUCTION OF BILLS

Bill 203--The Lotteries Accountability and Consequential

Amendments Act

Mr. Gregory Dewar (Selkirk): Mr. Speaker, I move, seconded by the member for the Interlake (Mr. Clif Evans), that leave be given to introduce Bill 203, The Lotteries Accountability and Consequential Amendments Act; (Loi concernant l'obligation redditionnelle en matière de loteries et apportant des modifications corrélatives) and that the same be now received and read a first time.

Motion presented.

Mr. Dewar: Mr. Speaker, since 1988, lottery revenues in this province have increased by 1,650 percent. Projected revenues for the fiscal year 1994-95 is well over $220 million. This makes the Lotteries Corporation the largest in this province.

Understandably, the public is very concerned about the accountability of this corporation. This bill will address this issue. What this bill proposes is a committee that will be set up, something that this government at this point has refused to do. This bill will examine all aspects of gaming in this province, the social and economic costs, the impact of VLTs and the issue of aboriginal gaming. The committee then will make a recommendation to the minister responsible for the Lotteries Corporation. As well, the minister must supply quarterly reports respecting the economic and social costs, the benefits of lotteries in this province.

This bill will require that the quarterly reports be made available to the members of this House and the public within 14 days after it has been received by the minister, regardless of whether or not this House is in session, something, Mr. Speaker, that up to this point is currently missing.

The public wants some clear answers about gaming in this province, and this act will make the Manitoba Lotteries Corporation more open and more accountable to the people of this province. I urge all members to support this legislation.

Motion agreed to.

Bill 206--The Small Business Regulatory Relief Act

Mr. Steve Ashton (Thompson): Mr. Speaker, I move, seconded by the honourable member for Wolseley (Ms. Friesen), that leave be given to introduce Bill 206, The Small Business Regulatory Relief Act (Loi sur l'assouplissement de l'application des règlements aux petites entreprises) and that the same be now received and read a first time.

Motion presented.

Mr. Ashton: Mr. Speaker, this bill is the identical bill that we introduced last session. It was introduced by the former member for Flin Flon and follows the comments I made yesterday with a companion bill in terms of the small business regulations and follows from agreements that were reached by task force in 1986.

While there has been some movement finally in terms of this issue in terms of recognizing this from the government side, we still do not have a comprehensive procedure put in place to ensure that many of the regulations that affect small business are reviewed by this Legislature before they are put in place.

I think it is high time, after dealing with this issue since 1986, that we pass this legislation, and I think this kind of legislation is something we can all agree to in this House, something that will make substantial difference for improving the day-to-day working climate of small businesses in this province.

Motion agreed to.

Bill 201--The Child and Family Services Amendment Act

Ms. Norma McCormick (Osborne): I move, seconded by the member for Crescentwood (Ms. Gray), that leave be given to introduce Bill 201, The Child and Family Services Amendment Act; Loi modifiant la Loi sur les services à l'enfant et à la famille, and that the same now be received and read a first time.

Motion presented.

Ms. McCormick: Mr. Speaker, the purpose of this amendment is to deal with Section 19 of The Child and Family Services Act to expedite and improve the functioning of the Child Abuse Registry.

To accomplish this I propose two areas of improvement. One is to increase the number of members on the Child Abuse Registry from seven to 12. This will assist the committee as it is continually and seriously backlogged. This creates difficulty for many of the people who are anticipating the dispositions of the committee.

The second amendment would in fact remove the requirement for the victim registry. With respect to the victim registry, the agency's new management information system now allows for the sharing of relevant information.

I commend this bill for consideration of all members of this Chamber.

Motion agreed to.

* (1010)

Bill 208--The Limitation of Actions Amendment Act

Ms. Becky Barrett (Wellington): I move, seconded by the member for St. Johns (Mr. Mackintosh), that leave be given to introduce Bill 208, The Limitation of Actions Amendment Act; Loi modifiant la Loi sur la prescription, and that the same be now received and read a first time.

Motion presented.

Ms. Barrett: Mr. Speaker, Bill 208 amends The Limitations of Actions Act in order to remove barriers to civil suits by victims of assault which took place in a relationship of trust or dependency, such as incidents involving parents, guardians or physicians.

In cases of sexual assault, the bill removes all time limits to pursuing a suit and in other cases of assault, for example, domestic abuse, the limitation period is set at 30 years.

This bill is based on legislation currently in place in Ontario. The Supreme Court of Canada has made specific comments on this Ontario legislation, citing it as an excellent piece of legislation. I would recommend this to the House, Mr. Speaker, particularly in light of the recent number of cases that have come to light where victims of assault and abuse that happened years, and sometimes decades ago, have come to light as they have grown older and have been able to deal with this.

Currently, they cannot take action against the abuser under this piece of legislation, either 30 years later or, in the case of sexual assault, there is no time limit. They would be able to take civil action against their abuser. I would highly recommend it to the Legislature.

Motion agreed to.

Bill 213--The Workers Compensation Amendment Act

Mr. Daryl Reid (Transcona): Mr. Speaker, I move, seconded by the member for Thompson (Mr. Ashton), that leave be given to introduce Bill 213, The Workers Compensation Amendment Act; Loi modifiant la Loi sur les accidents du travail, and that the same be now received and read a first time.

Motion presented.

Mr. Reid: Mr. Speaker, the subject of this bill was first enacted on October 6, 1966. It was further reinforced in 1977 when the Manitoba Workers Compensation Board passed Regulation No. 24-77, which stated: Where a firefighter suffers injury to his lungs, brain or kidneys, unless the contrary is shown, the injury shall be presumed to have arisen out of and in the course of his employment as a firefighter, resulting from the inhalation of smoke, gases, fumes or any of them.

In 1988 Mr. Justice Sterling Lyon of the Manitoba Court of Appeal struck down the firefighter protection regulation. Since that time there have been no attempts by the WCB or this government to introduce guidelines that would apply to the claims from firefighters.

There is significant evidence that many of the chemical substances to which firefighters may be exposed are carcinogenic to humans and animals. Some of these substances cause cardiovascular, respiratory and central nervous system damage. In addition, carbon monoxide and solvent exposure may worsen the damage to hearing caused by excessive noise exposure for firefighters.

This bill, Mr. Speaker, will correct the injustice and restore the protection for those in the municipal firefighting service who put their lives at risk to protect the public lives and property.

I ask all members of this House for their support on this important piece of legislation.

Motion agreed to.

* (1015)

Bill 216--The Public Health Amendment Act

Mr. Dave Chomiak (Kildonan): Mr. Speaker, I move, seconded by the member for Wolseley (Ms. Friesen), that leave be given to introduce Bill 216, The Public Health Amendment Act; Loi modifiant la Loi sur la santé publique, and that the same be now received and read a first time.

Motion presented.

Mr. Chomiak: Mr. Speaker, this is the third of three bills introduced by members on this side of the House in the health care field dealing with improvements in the health care field.

This is also the third or fourth session where we have introduced these bills, Mr. Speaker. We introduced The Health Reform Accountability Act. We introduced The Health Care Records Act, and this is a third, The Public Health Amendment Act.

Mr. Speaker, this bill recognizes the mandatory reporting of adverse reaction to vaccinations and calls for information on both the benefits and the risks of vaccinations to be provided. The bill accepts that immunization has been a factor leading to reduction of many diseases but recognizes that evidence exists linking vaccinations with disability and deaths in some healthy infants.

Like the previous bills, this bill proposes to ensure that active involvement of consumers in our health care system will lead to more informed consent, decision making and an enhanced quality of care for all in the health care system.

I acknowledge and look forward to the support of all members of this House, Mr. Speaker, in debating this bill and passing this bill this session, if possible. Thank you.

Motion agreed to.

Bill 217--The Real Property Amendment Act (2)

Ms. Marianne Cerilli (Radisson): I move, seconded by the member for Rossmere (Mr. Schellenberg), that leave be given to introduce Bill 217, The Real Property Amendment Act (2); Loi no 2 modifiant la Loi sur les biens réels, and that the same now be received and read a first time.

Motion presented.

Ms. Cerilli: Mr. Speaker, I have been raising this issue with the government for two years or more, the unfairness of banks being able to pursue a seller of a home under an assumed mortgage where there is an opportunity, if there is a default under that mortgage, for the purchaser to not be on the hook, but the person who sold the home is actually pursued up to three years after selling the home, as in the case of one of my constituents who was held liable for more than $23,000.

Mr. Speaker, anyone I have talked to has found this very surprising. They have been horrified that the banks and financial institutions have this much power. Even Conservatives have come up to me and said that they cannot believe that this is the case. We have been imploring the government to bring in legislation to deal with this, and now we know that they have.

I would suggest to all members of the House that they would find it in keeping to support this bill. With the government preparing its own legislation, perhaps we can agree that we would pass this before we break for Christmas, and, of course, if the members opposite do not have their legislation prepared, then we can always pass the bill that I have put forward.

I hope when I receive the bill from the government that it will be quite similar, when it would make sense that we would be able to pass the private members' bill.

Motion agreed to.

* (1020)

Introduction of Guests

Mr. Speaker: Prior to Oral Questions, may I direct the attention of all honourable members to the Speaker's Gallery, where we have with us this morning His Excellency Dr. Hans Sulimma, who is the Ambassador of the Federal Republic of Germany to Canada, and Mrs. Sulimma.

On behalf of all honourable members, I would like to welcome you here this morning.

Also with us this morning, seated in the public gallery, we have from the Oakdale School twenty-five Grades 7 to 12 students under the direction of Ms. Cindy Tinsley. This school is located in the constituency of the honourable Minister of Consumer and Corporate Affairs (Mr Ernst).

From the Red River Community College, we have 50 journalism students under the direction of Mr. Donald Benham. This school is located in the constituency of the honourable member for Wellington (Ms. Barrett).

Also, from the Teulon Collegiate, we have thirty-five Grade 11 students under the direction of Mr. Al Reinsch. This school is located in the constituency of the honourable member for Gimli (Mr. Helwer).

On behalf of all honourable members, I would like to welcome you all here this morning.