Fifth Report
Mr. Jack Penner (Chairperson of the Standing Committee on Law Amendments): I beg to present the Fifth Report of the Committee on Law Amendments.
Madam Speaker: Dispense.
Your committee met on Friday, June 19, 1998, at 9:30 a.m. in Room 255 of the Legislative Building and Monday, June 22, 1998, at 10 a.m. in Room 255 and Monday, June 22, 1998, at 7:30 p.m. in Room 255 to consider bills referred.
At the Friday, June 19, 1998, meeting at 9:30 a.m, Mr. Tweed was elected as Vice-Chairperson. At the Monday, June 22, 1998, meeting at 7:30 p.m., Mr. Tweed was elected as Vice-Chairperson.
On Monday, June 22, 1998, Bill 47 was transferred from Economic Development to your committee for clause-by-clause consideration.
Your committee heard representation on bills as follows:
Bill 30--The Pharmaceutical Amendment Act; Loi modifiant la Loi sur les pharmacies
Stuart Wilcox, Manitoba Pharmaceutical Association
Bill 31--The Regulated Health Professions Statutes Amendment Act; Loi modifiant diverses lois sur les professions de la santé réglementées
David M. Sanders, Private Citizen
Bill 35--The Mental Health and Consequential Amendments Act; Loi sur la santé mentale et modifications corrélatives
Ken Melnyk, Private Citizen
Carlyn Mackey, Families Advocating Timely and Appropriate Care and Treatment for Serious Mental Disorders
Dorothy Weldon, Private Citizen
Connie Krohn, Private Citizen
Colleen Cawood, Private Citizen
Theresa Wayne, Private Citizen
Maureen Koblun, Private Citizen
Susan Olson, Private Citizen
Patricia McInnis, Private Citizen
Mary Ann Haddad, Private Citizen
Joan Joyce Podolas, Private Citizen
Bruce Waldie, Private Citizen
Bill Martin, on behalf of Joan Thorogood, Private Citizen
Beverley Goodwin, Private Citizen
Louise Smendziuk, Private Citizen
Katherine Davis, Private Citizen
Beverley Hawkins, Private Citizen
Victor M. Dyck, Private Citizen
Yude Henteleff, Q.C., Private Citizen
Horst Peters, Private Citizen
Horst Peters, on behalf of Chris Summerville, Manitoba Schizophrenia Society
Bill Ashdown, Society for Depression and Manic Depression of Manitoba
Uwe Osterwald, Private Citizen
Harry Wolbert, Private Citizen
Ruth McCutcheon, Private Citizen
Gordon Nicholson, Private Citizen
Bill Martin, Canadian Mental Health Association Manitoba Division, Inc.
Rod Lauder, Canadian Mental Health Association - Winnipeg Division
Lucie Pearase, Private Citizen
Murray & Ellen Waldie, Private Citizen
Mark Waldie, Private Citizen
Bill 57--The Regional Health Authorities Amendment Act; Loi modifiant la Loi sur les offices régionaux de la santé
Gervin Greasley, The Arbitration and Mediation Institute of Manitoba
Written submission
Bill 35--The Mental Health and Consequential Amendments Act; Loi sur la santé mentale et modifications corrélatives
Phyllis Wayne, Private Citizen
Darlene Dreilich, Community Coalition on Mental Health
Barbara Gommerman, Private Citizen
Marion Josie Palamar, Private Citizen
Dyla McGregor, Private Citizen
Yvonne Bloomer, Canadian Mental Health Association - Thompson Region
Kris Cummings, Private Citizen
Armand Manaigre, Private Citizen
Mabel Osborne, Private Citizen
Gerald M. Henry, Private Citizen
Bernice Henry, Private Citizen
Lillian Keam, Private Citizen
Angela Blacksmith, Private Citizen
James G. MacInnis, Private Citizen
Walter Labanowich, Private Citizen
Leonard Crait, Private Citizen
Your committee also has considered:
Bill 11--The Treasury Branches Repeal Act; Loi abrogeant la Loi sur les caisses d'épargne
and has agreed to report the same without amendment, on division.
Your committee also has considered:
Bill 13--The Prescription Drugs Cost Assistance Amendment Act; Loi modifiant la Loi sur l'aide à l'achat de médicaments sur ordonnance
Bill 30--The Pharmaceutical Amendment Act; Loi modifiant la Loi sur les pharmacies
Bill 31--The Regulated Health Professions Statutes Amendment Act; Loi modifiant diverses lois sur les professions de la santé réglementées
Bill 47--The Brandon University Act; Loi sur l'Université de Brandon
Bill 52--The Health Services Insurance Amendment Act; Loi modifiant la Loi sur l'assurance-maladie
and has agreed to report the same without amendment.
Your committee has also considered:
Bill 20--The Medical Amendment Act; Loi modifiant la Loi médicale
and has agreed to report the same with the following amendment:
MOTION:
THAT the proposed section 63, as set out in section 7 of the Bill, be amended as follows:
(a) by renumbering it as subsection 63(1);
(b) by striking out clause (c) and substituting the following:
(c) to a body that governs the practice of a health profession pursuant to an Act of the Legislature, or to The Manitoba Veterinary Medical Association established under The Veterinary Medical Act, to the extent the information is required for that body to carry out its mandate under the Act;
(c) by adding the following as subsection 63(2):
Offence
63(2) A person who contravenes subsection (1) is guilty of an offence and is liable, on summary conviction, to a fine of not more than $50,000.
Your committee has also considered:
Bill 34--The Public Schools Amendment Act; Loi modifiant la Loi sur les écoles publiques
and has agreed to report the same with the following amendment:
MOTION:
THAT section 7 of the Bill be struck out.
Your committee has also considered:
Bill 35--The Mental Health and Consequential Amendments Act; Loi sur la santé mentale et modifications corrélatives
and has agreed to report the same with the following amendments:
MOTION:
THAT section 27 be amended
(a) in subsection (5), by striking out everything after "the physician shall" and substituting "file with the medical director a statement of his or her opinion, with reasons, that the patient has regained the competence to make treatment decisions.";
(b) by adding the following after subsection (5):
Notice
27(6) On receiving a statement under subsection (5), the medical director shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient and the person authorized to make treatment decisions on the patient's behalf under subsection 28(1) of the cancellation.
(c) by renumbering subsection (6) as subsection (7).; and
MOTION:
THAT subsection 28(7) be struck out and the following substituted:
Reasonable inquiries
28(7) If a physician acting on a treatment decision makes reasonable inquiries within a 72-hour period for persons entitled to make the decision, that physician is not liable for failure to request the decision from the person entitled to make the decision on the patient's behalf.; and
MOTION:
THAT the following is added after subsection 35(5):
No fee
35(6) No fee shall be charged in connection with a request for a correction made under this section.; and
MOTION:
THAT section 43 be amended
(a) by renumbering it as subsection 43(1);
(b) by striking out everything after "the physician shall" and substituting "file with the medical doctor a statement of his or her opinion, with reasons, that the patient has regained the competence to manage his or her property."; and
(c) by adding the following as subsection 43(2):
Notice
43(2) On receiving a statement under subsection (1), the medical doctor shall, if satisfied that the physician's opinion is supported by the reasons given, cancel the certificate and notify the patient, the patient's nearest relative and the Public Trustee of the cancellation.; and
MOTION:
THAT the following be added after subsection 46(3):
Patient to be informed
46(3.1) The patient's attending psychiatrist shall inform the patient of his or her right to have a representative involved in the development of a treatment plan under clause (3)(a).; and
MOTION:
THAT clause 46(4)(d) be struck out and the following substituted:
(d) the treatment or care and supervision described in the leave certificate exist in the community and can and will be provided in the community.; and
MOTION:
THAT subsection 47(1) be amended by striking out everything after "psychiatrist shall" and substituting the following:
(a) review the patient's condition to determine if the criteria set out in clauses 46(4)(a) and (b) continue to be met; or
(b) review the requirements for treatment or care and supervision contained in the leave certificate.; and
MOTION:
THAT subsection 47(2) be amended by adding "in writing" after "notify the patient".; and
MOTION:
THAT the following be added after subsection 47(2):
If requirements need amendment
47(3) If the psychiatrist determines that the requirements of the leave certificate should be amended, he or she shall amend the certificate and notify the patient, in writing, and the persons referred to in subsection 46(7) of the amendment.; and
MOTION:
THAT subsection 115(2) be struck out and the following substituted:
Authority of medical director
115(2) The medical director of a facility has responsibility for the provision and direction of psychiatric services for that facility, and may
(a) admit and detain mentally disordered persons for examination and treatment in the facility;
(b) consult with any medical and other experts that he or she considers advisable concerning patients in the facility;
(c) unless otherwise directed by the director, refuse to admit or detain any person as a voluntary patient;
(d) delegate to any suitably qualified person any of the medical director's powers, duties or functions under this Act.; and
MOTION:
THAT section 125(1)(g) is amended by adding "accuracy," before "retention".
Your committee has also considered:
Bill 53--The Apprenticeship and Trades Qualifications Act; Loi sur l'apprentissage et la qualification professionnelle
and has agreed to report the same with the following amendments:
MOTION:
THAT section 9 be amended by adding ", or for a trade or group of related trades that the board proposes to designate," after "group of designated trades".; and
MOTION:
THAT section 16 be struck out and the following substituted:
Apprenticeship agreements
16 A person who wishes to obtain a certificate of qualification in a designated trade, and an employer who undertakes to employ the person as an apprentice to learn the trade, shall enter into an apprenticeship agreement.; and
MOTION:
THAT subsection 17(1) be amended by striking out "may" and substituting "shall, in accordance with the regulations,"; and
MOTION:
THAT clause 19(2)(c) be amended by adding "and is in compliance with the regulations" after "the trade".; and
MOTION:
THAT section 24 be amended
(a) in clause (e), by striking out "or renewed";
(b) by striking out clause (f);
(c) by adding the following after clause (h):
(h.1) for the purpose of a compulsory certification trade,
(i) respecting the terms and conditions under which persons are authorized to practise in the trade, including, but not limited to, minimum hours of work in the trade and upgrading requirements,
(ii) governing periods of time for which authorizations to practise are valid, and
(iii) governing the circumstances under which the director may suspend or cancel the right to practise in the trade;.
Your committee has also considered:
Bill 57--The Regional Health Authorities Amendment Act; Loi modifiant la Loi sur les offices régionaux de la santé
and has agreed, on division, to report the same with the following amendment:
MOTION:
THAT section 2 of the Bill be amended by adding the following after the proposed subsection 44.4(2):
Limitation
44.4(3) A resolution of the minister relating to health services to be provided by or through a health corporation that is owned or operated by a religious organization must not be inconsistent with the fundamental religious principles of the religion or faith to which that health corporation adheres.
Mr. Penner: I move, Madam Speaker, seconded by the honourable member for La Verendrye (Mr. Sveinson), that the report of the committee be now received.
Motion agreed to.
Sixth Report
Mr. Penner: I would ask for leave that I might present the Sixth Report as well?
Madam Speaker: Does the honourable member for Emerson have leave? [agreed]
Madam Speaker: Dispense.
By leave, Mr. Penner, Chairperson of the Standing Committee on Law Amendments, presented its Sixth Report, which was read as follows:
Your committee met on Tuesday, June 23, 1998, at 6 p.m. in Room 255 of the Legislative Building to consider bills referred.
Your committee has considered:
Bill 2--The Elections Amendment Act; Loi modifiant la Loi électorale
and has agreed to report the same, on division, with the following amendment:
MOTION:
THAT section 52 of the Bill be amended as follows:
(a) in subsection (1), by striking out clauses (a) and (b); and
(b) in the proposed subsection 73(8), as set out in subsection (3),
(i) by striking out "and logo" in the section heading, and
(ii) by striking out everything after "under The Elections Finances Act as at the close of nominations".
Mr. Penner: I move, seconded by the honourable member for Steinbach (Mr. Driedger), that the report of the committee be now received.
Motion agreed to.
Mr. Ben Sveinson (Acting Chairperson of the Committee of Supply): Madam Speaker, the Committee of Supply has considered the motion regarding concurrence, directs me to report progress and asks leave to sit again.
I move, seconded by the honourable member for Emerson (Mr. Penner), that the report of the committee be received.
Motion agreed to.