VOL. XLVI No. 73 - 1:30 p.m., WEDNESDAY, OCTOBER 30, 1996

Wednesday, October 30, 1996

LEGISLATIVE ASSEMBLY OF MANITOBA

Wednesday, October 30, 1996

The House met at 1:30 p.m.

PRAYERS

ROUTINE PROCEEDINGS

PRESENTING PETITIONS

Guaranteed Annual Income

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

Rural Stress Line

Ms. Rosann Wowchuk (Swan River): I beg to present the petition of Ruby Anderson, Karen Gordon, Erna Buress and others praying that this Legislative Assembly of Manitoba request that the Minister of Health (Mr. McCrae) consider continuing funding the farm and rural stress line on a yearly basis.

READING AND RECEIVING PETITIONS

Guaranteed Annual Income

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

An Honourable Member: No.

Madam Speaker: Dispense.

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

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

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

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

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

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Agriculture

Second Report

Mr. Jack Penner (Chairperson of the Standing Committee on Agriculture): I beg to present the Second Report of the Standing Committee on Agriculture.

Madam Speaker: Dispense.

Your Standing Committee on Agriculture presents the following as its Second Report.

Your committee met on Tuesday, October 29, 1996, at 9 a.m. in Room 255 of the Legislative Building to consider bills referred.

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

Your committee agreed, on a voice vote, to establish a time limit of 10 minutes for presentations and five minutes for questions and answers.

Your committee heard representation on bills as follows:

Bill 51--The Civil Service Superannuation Amendment, Public Servants Insurance Amendment and Teachers' Pensions Amendment Act; Loi modifiant la Loi sur la pension de la fonction publique, la Loi sur l'assurance des employés du gouvernement et la Loi sur la pension de retraite des enseignants

Ken Pearce - Manitoba Teachers' Society

Bill 68--The Farm Lands Ownership Amendment, Real Property Amendment and Registry Amendment Act; Loi modifiant la Loi sur la propriété agricole, la Loi sur les biens réels et la Loi sur l'enregistrement foncier

Eduard Hiebert - Private Citizen

Bill 70--The Animal Care Act; Loi sur le soin des animaux

Dale Langille - Private Citizen

Vicki Burns and John Youngman - Winnipeg Humane Society

Debbie Wall - Manitoba Animal Alliance

Susan Boutet Nazare - Private Citizen

Donna Youngdahl - Manitoba Farm Animal Council

James Pearson - People Acting for Animal Liberation

Bill 77--The Natural Products Marketing Amendment Act: Loi modifiant la Loi sur la commercialisation des produits naturels

Neil van Ryssel - Manitoba Milk Producers

Your committee has considered:

Bill 18--The Payment of Wages Amendment Act; Loi modifiant la Loi sur le paiement des salaries

Bill 40--The Pension Benefits Amendment Act; Loi modifiant la Loi sur les prestations de pension

Bill 77--The Natural Products Marketing Amendment Act; Loi modifiant la Loi sur la commercialisation des produits naturels

and has agreed to report the same without amendment.

Your committee has also considered:

Bill 51--The Civil Service Superannuation Amendment, Public Servants Insurance Amendment and Teachers' Pensions Amendment Act; Loi modifiant la Loi sur la pension de la fonction publique, la Loi sur l'assurance des employés du gouvernement et la Loi sur la pension de retraite des enseignants

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

MOTION:

That section 5 of the Bill be struck out and the following substituted:

5 Subsection 5(5) is repealed and the following is substituted:

Election of employee representatives

5(5) The Lieutenant Governor in Council may make regulations

(a) providing for the election by employees of four members of the board to represent employees or groups of employees and prescribing procedures for those elections;

(b) respecting the eligibility of persons to nominate candidates for employee representative, to vote, to be elected as employee representative and to continue to hold office as an employee representative;

(c) respecting vacancies arising during the term of office of an elected employee representative which, unless earlier terminated in accordance with the regulations, shall be for three years beginning on September 1 of the year in which the employee is elected.

MOTION:

That the proposed section 21.5, as set out in section 9 of the Bill, be struck out and the following substituted:

Former employees not eligible

21.5 Subsections 21.1(1) and (3), 21.2(1) and (3) and 21.3(1) do not apply to former employees.

MOTION:

That section 10 of the Bill be struck out and the following substituted:

10 The following is added after subsection 22(10):

Payments for employees of more than one agency

22(11) Except as otherwise provided in this Act, where the board pays or transfers an amount from the fund in respect of an individual who ceases to be an employee on or after the day this subsection comes into force, it shall recover from the government or government agencies that employed the individual, other than an employer that made matching contributions in respect of the individual, on a pro rata basis in accordance with the records of the board, of the portion of the amount paid or transferred to the employee in respect of which no employer matching contributions were made.

MOTION:

THAT the following be added after subsection 42(2) of the Bill:

42(2.1) Section 10 comes into force on a day fixed by proclamation.

MOTION:

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

Your committee has also considered:

Bill 68--The Farm Lands Ownership Amendment, Real Property Amendment and Registry Amendment Act; Loi modifiant la Loi sur la propriété agricole, la Loi sur les biens réels et la Loi sur l'enregistrement foncier

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

MOTION:

THAT the proposed subsection 3(7) of The Farm Lands Ownership Act, as set out in subsection 4(4) of the Bill, be amended by striking out "10" and substituting "40."

MOTION:

THAT subsection 4(7) of the Bill be struck out and the following substituted:

4(7) Subsection 3(14) is amended by striking out "a retired farmer, the spouse of a retired farmer or a person or the spouse of a person who has prior to the conveyance been a farmer for at least 10 years" and substituting "an eligible individual who has prior to the conveyance farmed the farm land for at least 10 years, or the spouse of an eligible individual who has farmed the farm land for at least 10 years,".

MOTION:

THAT the proposed clause 17(f) of The Farm Lands Ownership Act, as set out in section 7 of the Bill, be struck out.

AND THAT the proposed clauses 17(g) to 17(i) of The Farm Lands Ownership Act, as set out in section 7 of the Bill, be renumbered as clauses 17(f) to 17(h) respectively.

Your committee has also considered:

Bill 70--The Animal Care Act; Loi sur le soin des animaux

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

MOTION:

THAT section 3 be amended

(a) in subsection (1), by striking out "mental distress" and substituting "distress"; and

(b) in subsection (2), by striking out ", or mental distress", and substituting "or distress".

MOTION:

THAT subclause 6(1)(f)(v) be amended by striking out "and mental distress" and substituting "or distress".

MOTION:

THAT section 8 be amended

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

(b) by striking out subsection (4) and substituting the following:

Animal in dwelling to be produced

8(4) An animal protection officer may, at any reasonable time and where reasonably required to determine compliance with this Act,

(a) enter onto the land on which a dwelling place is located;

(b) require any person in the dwelling place to produce any animal in that dwelling place for examination; and

(c) once the animal is produced, conduct such examination of the animal as may be required to determine compliance with this Act.

(c) in the part of subsection 8(7) that follows clause (b), by adding "for the animal" after "search the dwelling place" and "in relation to the animal" after "action".

MOTION:

That subsection 24(1) be amended by adding "for costs of care" after "liable".

MOTION:

THAT section 32 be amended by adding "or" at the end of clause (b), by striking out clause (c), and by renumbering clause (d) as clause (c).

MOTION:

THAT subsection 34(1) be amended by striking out "for a second offence occurring within two years of the first offence" and substituting "for a subsequent offence".

MOTION:

THAT clause 35(1)(a) be amended by striking out "for a second offence occurring within two years of the first offence" and substituting "for a subsequent offence".

MOTION:

THAT subclause 39(f)(iii) be amended by adding "in premises operated as a commercial breeding premises, hobby breeding premises or kennel" after "cats".

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

Motion agreed to.

READING AND RECEIVING PETITIONS

Madam Speaker: With the House's indulgence, I will revert to Reading and Receiving Petitions.

Manitoba Telephone System

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

An Honourable Member: Yes.

Madam Speaker: The Clerk will read.

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

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

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

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

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

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

TABLING OF REPORTS

Hon. Glen Cummings (Minister of Environment): Madam Speaker, I would like to table the 1995-96 Annual Report of the Clean Environment Commission.

Madam Speaker: I am pleased to table the 1995 report of the Provincial Ombudsman.

Introduction of Guests

Madam Speaker: Prior to Oral Questions, I would like to draw the attention of all honourable members to the public gallery, where we have this afternoon forty-six Grade 5 students from the O.V. Jewitt Elementary School under the direction of Mrs. Laura Veitch. This school is located in the constituency of the honourable member for The Maples (Mr. Kowalski).

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

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