SECOND READINGS

Hon. Vic Toews (Minister of Justice and Attorney General): I move, seconded by the Minister of Highways (Mr. Praznik), that Bill 29, The Victims' Rights Amendment Act (Loi modifiant la Loi sur les droits des victimes), be now read a second time and be referred to a committee of this House.

Mr. Toews: Madam Speaker, the purpose of the act is to ensure that if money becomes payable from the government to an inmate as a result of anything occurring while the inmate was in custody, that money will first be used to ensure that the victims of that inmate's crimes have been fully compensated.

The act provides that if any inmate becomes entitled to any funds from the government as a result of a legal claim against the government or any of its employees in connection with an injury that occurred or was alleged to have occurred while the inmate was in custody, those funds are redirected to the Minister of Finance to be held in trust to be used to compensate victims of the inmate in accordance with a procedure set out in the act.

The director of victim support services will search for victims of the inmate. After allowing 12 months to elapse, the director will decided how much of the money is to be paid to victims who have registered with the director and how much will be paid to each victim. The director will also determine how much is to be paid to the inmate and how much is to be paid to the Crown to reimburse it for payments made to victims of the inmate.

In making that decision, the director will consider any physical or mental injuries suffered by the victim, any continuing effects on the victim, and any other compensation received by the victim as well as the effect that a payment under this act will have on other compensation payable. The director will also consider any other factors that he or she considers relevant. The director is not required to conduct a formal hearing to make these determinations and may consider any information or materials, including court records or other public sources that the director believes would be of assistance.

In closing, I would reiterate that this act will ensure that prior to an inmate receiving funds from the government the victims of that inmate's crime are as fully compensated as possible and the victims, of course, have other recourses civilly in addition to what is being granted here.

Mr. Daryl Reid (Transcona): I move, seconded by the member for Wellington (Ms. Barrett), that debate be adjourned.

Hon. Vic Toews (Minister of Justice and Attorney General): I move, seconded by the Minister of Highways (Mr. Praznik), that Bill 34, The Court of Queen's Bench Amendment and Consequential Amendments Act (Loi modifiant la Loi sur la Cour du Banc de la Reine et modifications corrélatives), be now read a second time and be referred to a committee of this House.

Mr. Toews: The Court of Queen's Bench Amendment and Consequential Amendments Act provides a framework to address issues relating to appointment and functioning of masters of the Court of Queen's Bench.

Since the early 1990s, our government has been addressing the judicial independence requirements of individuals who hold judicial office. With amendments made to The Provincial Court Act as it pertains to Provincial Court judges in 1994 and to justices of the peace in 1997, it is now a time to address the same requirements with respect to masters.

Masters perform a variety of judicial functions within the Court of Queen's Bench which are essential to our system, particularly in the areas of child protection and maintenance enforcement. The duties they perform require masters to be independent of government. There are three primary components of this legislation which work together to provide for judicial independence of masters, while ensuring there is no infringement upon executive functions of government. They are the appointment and complaint processes to ensure security of tenure and accountability to the public for their conduct and independent compensation process to ensure financial security. The provisions of the proposed bill generally mirror those in place for Provincial Court judges in The Provincial Court Act.

Mr. Daryl Reid (Transcona): I move, seconded by the member for Broadway (Mr. Santos), that debate be adjourned.

Hon. Darren Praznik (Government House Leader): Madam Speaker, I would move on behalf of the Minister of Agriculture (Mr. Enns), and seconded by the honourable Minister of Government Services (Mr. Pitura), that Bill 30, The Veterinary Medical Act; Loi sur la mJ decine vJ tJ rinaire, be now read a second time and be referred to a committee of the House.

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Mr. Praznik: Madam Speaker, I would hope that perhaps Madam Speaker would not see the clock, that there would be a willingness not to see the clock until we complete at least an adjournment on this bill.

Madam Speaker: Order, please. I have to determine if there is unanimous consent. Is there unanimous consent of the House for the Speaker not to see the clock at twelve o'clock to complete second reading on Bill 30 and Bill 31? Agreed? [agreed]

Mr. Praznik: Madam Speaker, I am moving this motion on behalf of the Minister of Agriculture (Mr. Enns). I know it is against our rules to refer to absences, but I think all members are aware today that he is on his way to Ottawa for meetings regarding the situation in southwestern Manitoba. We hope he comes back with a cheque. That is the object of the trip.

Madam Speaker, veterinarians, as members know, are a professional group and are very highly valued by our society. The activity standards and discipline matters of the professional group are governed by The Veterinary Medical Act. This new bill is a replacement for the existing legislation.

The new bill will make it easier for the self-governing professional body to carry on the business of setting practice standards and managing disciplinary procedures regarding its members. The core component of the existing act, which governs what veterinarians can do as licensed professionals, is not being changed. The major change being made is in the area of disciplinary matters and how complaints against members of the profession will be handled.

The current system where complaints against veterinarians are handled by a government-administered veterinary medical board will be replaced by a peer review committee that will operate under the administration of the Veterinary Medical Association. This will bring this act into conformance with other professional acts in Manitoba, for example, acts governing dentists and physicians.

Complaints against veterinarians will be dealt with by the peer review committee which is enabled by this bill. The peer review committee functions as a roster of persons from whom a complaints committee and an appeals committee and an inquiry panel may be appointed when needed. In the public interest, it is proposed that three persons be appointed to the peer review committee who are public representatives, not veterinarians, and at least one-third of the committee shall be of that type of appointment. The association, with the approval of the minister, will appoint the public representatives. Complaints against veterinarians, it is proposed, will be investigated in a more efficient fashion with only the most serious cases going before an inquiry panel.

Under the veterinary medical board system currently in place, any inquiry held to investigate a member has to be a full judicial inquiry which generates substantial legal costs. The options for resolution of complaints are broadened in this proposed bill allowing for less costly investigations, while maintaining a comprehensive disciplinary system for the protection of the public. Complaints have the privilege of appeal under this proposal to the peer review committee and can request that an inquiry panel be struck if they feel their complaint was not dealt with appropriately.

It is proposed that hearings of inquiry panels are open to the public unless extenuating circumstances, for example, harm to individuals or public security, would dictate otherwise. The inquiry panel, the peer review committee, it is proposed, may make orders including issuing a fine of up to $10,000 for a first offence and second offences having, it is proposed, a maximum of $30,000. It is proposed that findings or an order issued by an inquiry panel can be appealed to the Court of Appeal. It is also proposed that membership fees from the members of the profession will fund the activities surrounding this new disciplinary process, with the peer review committee activities being administered by the governing council, the association.

Other minor changes in the legislation were required to ensure that activities in support of the major change could be carried out. Inspection of veterinarians in practice to enforce the practice standards required provisions to allow the governing counsel to appoint inspectors. Inspectors appointed by the association, it is proposed, would operate on a fee-for-service basis and do not represent any costs to the government. It is also proposed that a minor change was required to allow employees of owners of animals to treat animals on behalf of the owner. Researchers conducting approval projects using animals are now allowed to perform veterinary procedures without being in contravention of the act. I believe that is also a provision in the bill. The association continues to be responsible for setting the criteria for qualifications for veterinarians and veterinarian practices as is done by many other professional organizations. It is proposed that the association will conduct registration and licensing for veterinarians and animal health technologists.

Animal health technologists do not have their own act. In a case where an individual may have their licence removed or there is a refusal to issue a licence, it is proposed that the person would have a right of appeal to the Court of Queen's Bench. The necessary transitional clauses are included to allow completion of cases currently under investigation and continue orders made under the current legislation. The moving of disciplinary procedures to the jurisdiction of the professional group concerned, if approved by this Legislature, will allow the process to be much more flexible and cost-efficient and will bring this profession and act into conformity with other legislation of a similar nature. Altogether these changes will ensure that the veterinary profession has the authority to discipline its members and at the same time protect the public interest. Thank you, Madam Speaker.

Mr. Daryl Reid (Transcona): I am pleased to rise to add my comments on Bill 30, The Veterinary Medical Act. This bill makes a number of changes with respect to the practice of veterinary medicine in this province. It is comprised of a number of sections that are quite involved but do allow for some inspection and also steps being taken by the Manitoba Veterinary Medical Association with respect to individuals that would be practising veterinary medicine within our province, including with respect to the investigations also dealing with any complaints that may come forward and with respect to annual licensing, et cetera.

This bill, yes, it is much easier to pronounce than the ophthalmologist bill that was previous, but we are prepared to see this bill go through to committee to allow members of the public the opportunity to come forward to speak on Bill 30, and how it may impact upon their practices and on their lives. We look forward to that opportunity when members of the public come before committee. Thank you, Madam Speaker.

Mr. Kevin Lamoureux (Inkster): I will just say a few words in regard to the bill. It is definitely a fairly thick piece of legislation. I understand that there is a general feeling to have the bill go to committee as early as Monday. I have not had the opportunity to really do any depth research. I might reserve my comments until we get into third reading. From what I understand, it is a bill in which there has been a considerable amount of consultation done from within the industry. For now we are prepared to see it go to the committee stage.

Madam Speaker: Is the House ready for the question? The question before the House is second reading, Bill 30, The Veterinary Medical Act. Is it the will of the House to adopt the motion?

Some Honourable Members: Agreed.

Madam Speaker: Agreed. Agreed and so ordered.

Hon. Frank Pitura (Minister of Government Services): Madam Speaker, I move, seconded by the Minister of Urban Affairs (Mr. Reimer), that Bill 31, The Association of Manitoba Municipalities Incorporation and Consequential Amendments Act (Loi constituant l'Association des municipalités du Manitoba et modifications corrélatives), be now read a second time and be referred to a committee of this House.

Mr. Pitura: Madam Speaker, I would just like to advise that in the capacity of acting for the Minister of Rural Development (Mr. Derkach) who is presently attending the Association of Manitoba Municipalities district meetings, it gives me a great pleasure on his behalf to introduce for second reading, Bill 31, The Association of Manitoba Municipalities Incorporation and Consequential Amendments Act.

As members of this Legislature will recall, on January 1, 1999, a new municipal organization came into being. The name of the new organization is the Association of Manitoba Municipalities or AMM. It has been established as a result of the amalgamation of the Union of Manitoba Municipalities and the Manitoba Association of Urban Municipalities and represents every municipality, urban and rural, in Manitoba. The merger was passed by the membership of both associations at their annual conventions in 1998. The bill has been requested by the new association to establish the parameters under which it will continue to operate.

Bill 31 sets out the powers and obligations of the AMM, which it will be required to follow as a corporation under The Corporations Act. For example, Bill 31 will include: It establishes the name of the new organization; outlines the objects of the association; carries over the assets and liabilities of the former associations in the name of the new association; confirms that it will operate under The Corporations Act; confirms that the association will function as a not-for-profit corporation without shared capital; outlines its by-law-making powers and the need for by-laws to be approved by the membership; and repeals the acts incorporating the former Manitoba Association of Manitoba Municipalities and the Union of Manitoba Municipalities.

The AMM officially began operating at the start of the year and Bill 31 also seeks to ratify the actions of the association from that date until the proclamation of this bill. Bill 31 seeks to acknowledge through legislation the decision and the choice made by Manitoba's municipal leaders to amalgamate their existing organizations. Therefore, the bill has been prepared in consultation with legal counsel representing the new association.

I wish to applaud the AMM for the forward-thinking way in which the membership has approached the merger and wish the new organization well for the future. I also look forward to continuing the close working relationship with the AMM that the government and the Department of Rural Development had with its predecessors, the UMM and MAUM. I seek the thoughtful consideration of all the members of this Legislature in moving forward Bill 31, The Association of Manitoba Municipalities Incorporation and Consequential Amendments Act. Thank you.

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Mr. Daryl Reid (Transcona): Madam Speaker, I am pleased to rise to add my comments on Bill 31, The Association of Manitoba Municipalities Incorporation and Consequential Amendments Act. We are supportive of this bill, and we would like to see this bill move through to committee as quickly as possible to give members of the public the opportunity to come forward and add their comments on this. We are prepared to pass it at this time.

Mr. Kevin Lamoureux (Inkster): Madam Speaker, I, too, on behalf of the Liberal Party, want to put a few words on the record and actually applaud both former organizations, the Union of Manitoba Municipalities and the Manitoba Association of Urban Municipalities in recognizing that there was, in fact, a need for the change. It would have been very easy just to sit back and let the status quo prevail, but in the passing of the resolution that the minister makes reference to, we have seen the creation of a group, the Association of Manitoba Municipalities or acronym of AMM, created.

If they are as effective as one organization as they were as two separate organizations, I think that Manitoba is going to be very well served by this particular new association. Now we are going to see the two groups form one, which will give it that much more strength, we believe, and ensure that the many different issues that are out there are, in fact, being advocated and actions being taken in order to increase the quality of living for all.

With those few words, we are quite supportive of the bill and would like to see it pass through committee and ultimately receive its Royal Assent.

Madam Speaker: Is the House ready for the question? The question before the House is second reading, Bill 31, The Association of Manitoba Municipalities Incorporation and Consequential Amendments Act. Is it the will of the House to adopt the motion?

Some Honourable Members: Agreed.

Madam Speaker: Agreed. Agreed and so ordered.

Hon. Darren Praznik (Government House Leader): Madam Speaker, just before we adjourn, I would like to announce then that Bills 24 and 25 will be referred to the Standing Committee on Municipal Affairs, which is called for Monday evening next at 7 p.m., and the bills that have received second reading today, which I believe are Bills 14, 21, 23, 30 and 31–I think that is the whole list. I look to the Clerks–

An Honourable Member: How about Bill 20?

Mr. Praznik: –and Bill 20. I believe I have referred that already to the Committee on Law Amendments. If not, I am referring those bills to the Committee on Law Amendments for Monday morning next at 10 a.m.

So just to recap, Bills 20, 14, 21, 23, 30 and 31 are referred for Monday morning next at 10 a.m. and Bills 24 and 25–pardon me, Madam Speaker, I would like to make one other change. Bill 31 I will refer to the Monday evening Committee on Municipal Affairs rather than Law Amendments. So Bills 24, 25 and 31 are referred for Monday evening next at the Committee on Municipal Affairs which I am calling for 7 p.m.

Madam Speaker: Firstly, the Standing Committee on Law Amendments will meet on Monday at 10 a.m. to consider Bills 14, 21, 23 and 30. Secondly, the Standing Committee on Municipal Affairs will meet Monday evening next at 7 p.m. to consider Bills 24, 25 and 31.

The hour being after 12, I am leaving the Chair with the understanding that this House will reconvene at 1:30 p.m. this afternoon.