VOL. XLIV No. 5 - 1:30 p.m., WEDNESDAY, DECEMBER 7, 1994
Wednesday, December 7, 1994
LEGISLATIVE ASSEMBLY OF MANITOBA
Wednesday, December 7, 1994
The House met at 1:30 p.m.
PRAYERS
ROUTINE PROCEEDINGS
PRESENTING PETITIONS
Physical Education in Schools
Mr. Kevin Lamoureux (Inkster): Mr. Speaker, I beg to present the petition of Paul Davis, Kris Brown, Greg Siemens and others urging the Minister responsible for Education (Mr. Manness) to consider reinstating physical education as a compulsory core subject area.
Ms. Marianne Cerilli (Radisson): Mr. Speaker, I beg to present the petition of John Melnyk, Brenda Richardson, Noreen Takada and others requesting the Minister of Education (Mr. Manness) to consider maintaining physical education as part of the core curriculum for kindergarten to high school.
Taxation on Gillam Housing
Mr. Eric Robinson (Rupertsland): Mr. Speaker, I beg to present the petition of Roger Pavitt, Claudette Jeanson, Gina Borschawa and others requesting the Minister of Hydro (Mr. Orchard) to consider reviewing the impact of this tax to housing upon the workplace in Gillam, and on an urgent basis to ensure that Gillam residents are not impacted retroactively by this tax decision, and request the Minister of Hydro to lobby the federal Minister of Revenue in regard to this tax decision and request the Minister of Hydro to consider guaranteeing that Manitoba Hydro will cover any retroactive taxes on housing should the federal government not reverse its decision.
READING AND RECEIVING PETITIONS
Housing Authorities Voluntary Boards
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?
Some Honourable Members: Yes.
Mr. Speaker: The Clerk will read.
Mr. Clerk (William Remnant): The petition of the undersigned citizens of the province of Manitoba humbly sheweth that:
WHEREAS thousands of Manitobans depend upon public housing as affordable housing geared to their income for themselves and their families; and
WHEREAS these units are particularly important for thousands of low income seniors and single parents; and
WHEREAS the provincial government upon the request of the federal Liberal government has increased without notice the rent payable for tenants; and
WHEREAS the federal Liberal government has eliminated all funding for new public housing; and
WHEREAS the provincial government has abolished the voluntary boards of public housing authorities and made other cuts to the public housing program in this province.
WHEREFORE your petitioners humbly pray that the Legislative Assembly request the Minister responsible for Housing to consider cancelling the recent unilateral rent hikes and restoring the voluntary boards of the housing authorities.
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? Yes? The Clerk will read.
Mr. Clerk: 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.
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INTRODUCTION OF BILLS
Bill 2--The Real Property Amendment Act
Hon. Jim Ernst (Government House Leader): Mr. Speaker, I move, seconded by the Minister of Government Services (Mr. Ducharme), that leave be given to introduce Bill 2, The Real Property Amendment Act; Loi modifiant la Loi sur les biens réels, and that the same be now received and read a first time.
Motion presented.
Mr. Ernst: Mr. Speaker, I would briefly like to explain to the members of the House the purpose of the bill.
A residential mortgage holder presently has a continuing liability even though he sells his property if the mortgage is assumed by the new purchaser. When that happens, the original owner still has a continuing covenant on the mortgage that carries for the perpetuity of the mortgage.
This legislation and these amendments will remove that requirement for residential mortgages.
Motion agreed to.
Bill 5--The Food Donations Act
Hon. Bonnie Mitchelson (Minister of Family Services): Mr. Speaker, I move, seconded by the Minister of Culture, Heritage and Citizenship (Mr. Gilleshammer), that leave be given to introduce Bill 5, The Food Donations Act; Loi sur les dons d'aliments, and that the same be now received and read a first time.
Motion presented.
Mrs. Mitchelson: The main purpose for the introduction of this new legislation is to encourage increased donations of surplus food by removing barriers caused by concern over liability.
Corporate legal representatives have expressed the concern that there is a need for a greater deal of protection against liability for corporations that do donate surplus food. In essence, this act makes it clear that a person, unincorporated organization or corporation who makes a food donation cannot be held liable if the food causes illness or other injury as long as the food was not adulterated, rotten or otherwise unfit for consumption and as long as the donor did not distribute the food with the intention of harming the recipient.
It is anticipated that this protection will encourage corporations, unincorporated organizations and individuals to share surplus foods. The Food Donations Act has been drafted in response to a need brought to my attention by Winnipeg Harvest. Also, corporations have indicated that this added protection is a significant factor in the willingness to make charitable donations of surplus food.
Mr. Speaker, Manitoba joins four other provinces in introduction of this legislation, and I am pleased to recommend it to the House.
Motion agreed to.
Bill 6--The Northern Flood Comprehensive Implementation Agreement (Split Lake Cree), Water Power Amendment and Consequential Amendments Act
Hon. Jim Ernst (Government House Leader): Mr. Speaker, on behalf of the Minister of Northern and Native Affairs (Mr. Praznik), I move, seconded by the Minister of Family Services (Mrs. Mitchelson), that leave be given to introduce Bill 6, The Northern Flood Comprehensive Implementation Agreement (Split Lake Cree), Water Power Amendment and Consequential Amendments Act (Loi concernant l'accord d'application globale de la convention sur la submersion de terres du Nord manitobain (première nation crie de Split Lake), modifiant la Loi sur l'énergie hydraulique et apportant des modifications corrélatives), and that the same be now received and read a first time.
His Honour the Lieutenant-Governor, having been advised of the contents of this bill, recommends it to the House. I also table the message from the Lieutenant-Governor.
Motion presented.
Mr. Ernst: Mr. Speaker, this legislation is being introduced to ratify an agreement concluded between the variety of parties related to the Northern Flood Comprehensive Implementation Agreement. It is companion legislation to that recently passed by the House of Commons in Ottawa.
Motion agreed to.
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Bill 7--The Agricultural Producers' Organization Funding Amendment Act
Hon. Harry Enns (Minister of Agriculture): Mr. Speaker, I move, seconded by the Minister of Education (Mr. Manness), that leave be given to introduce Bill 7, The Agricultural Producers' Organization Funding Amendment Act (Loi modifiant la Loi sur le financement d'organismes de producteurs agricoles), and it now be read a first time.
Motion presented.
Mr. Enns: Mr. Speaker, just very briefly, The Agricultural Producers' Organization Funding Amendment Act is just that. It is an amendment to make somewhat straightforward and clarify the mechanism by which the farm organization, the Keystone Agricultural Producers organization which is the designated organization that is the recipient of the cheque from farm producers, receives its funding.
There had been some difficulty in collecting this funding from the grain farmers particularly. None of the other sections are involved in it, but this makes it a little more straightforward from the elevator companies in the manner in how this is to be dealt with in the future.
I assure honourable members and farming producers that it retains the voluntary feature that individual producers who wish not to be part of the association and not part of the funding can do so by simply indicating to the organization that they choose not to participate and to request a refunding of their contribution that has been deducted from their grain delivery cheques.
I should also indicate that I have been advised by the canola growers and the pulse crop growers that they are too asking the government--and it is my intention to accommodate them--similar legislation that would enable them to fund their organizations through the provisions of this act and thereby strengthen their commodity organizations.
Motion agreed to.
Bill 8--The Off-Road Vehicles Amendment Act
Hon. Albert Driedger (Minister of Natural Resources): Mr. Speaker, on behalf of the Minister of Highways and Transportation (Mr. Findlay), I move, seconded by the Minister of Energy and Mines (Mr. Orchard), that leave be given to introduce Bill 8, The Off-Road Vehicles Amendment Act (Loi modifiant la Loi sur les véhicules à caractère non routier), be introduced and that the same be now received and read a first time.
Motion presented.
Mr. Driedger: Mr. Speaker, The Off-Road Vehicles Act was amended during the last session of the Legislature to introduce an annual coincidental registration and insurance system for off-road vehicles. After further program review, Manitoba Public Insurance Corporation identified the need for two additional amendments. The first one basically is necessary to provide the registrar with the authority to cancel the registration of an off-road vehicle and driver's licence for various infractions. The other one is basically the amendment is required to permit the introduction of staggered renewals for off-road vehicles.
There are two further minor amendments. They are of a housekeeping nature.
Motion agreed to.
Bill 9--The Wills Amendment Act
Hon. Rosemary Vodrey (Minister of Justice and Attorney General): Mr. Speaker, I move, seconded by the Minister of Finance (Mr. Stefanson), that leave be given to introduce Bill 9, The Wills Amendment Act; Loi modifiant la Loi sur les testaments, and that the same be now received and read a first time.
Motion presented.
Mrs. Vodrey: Mr. Speaker, this bill adopts recommendations made by the Manitoba Law Reform Commission. The amendment is intended to address a decision of the Manitoba Court of Appeal, which gave the section a very narrow interpretation. The amendment returns the section to its original broad intent and gives the courts wide powers to make sure that the intentions of the makers of wills are not frustrated by technicalities.
Motion agreed to.
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Bill 10--The Trustee Amendment Act
Hon. Rosemary Vodrey (Minister of Justice and Attorney General): Mr. Speaker, I move, seconded by the Minister of Finance (Mr. Stefanson), that leave be given to introduce Bill 10, The Trustee Amendment Act; Loi modifiant la Loi sur les fiduciaires, and that the same now be received and read a first time.
Motion presented.
Mrs. Vodrey: Mr. Speaker, this bill adopts recommendations made by the Law Reform Commission. Millions of dollars are held and invested by trustees on behalf of their beneficiaries, for example, trusted pension plans. The amendment clarifies the obligation of trustees in formulating investment policies for the money they hold for others.
Trustees have an obligation to maximize the return they obtain for their beneficiaries. So long as they make this their first obligation, the amendment makes it clear that they may consider other nonfinancial criteria. The most common nonfinancial criterion would be ethical considerations, a decision to avoid or favour a particular type of investment because of ethical, environmental or other concerns about the company's activities.
Motion agreed to.
Bill 3--The Education Administration Amendment Act
Hon. Clayton Manness (Minister of Education and Training): Mr. Speaker, I move, seconded by the Minister of Energy and Mines (Mr. Orchard), that leave to given to introduce Bill 3, The Education Administration Amendment Act (Loi modifiant la Loi sur l'administration scolaire), and that the same be now received and read a first time.
Motion presented.
Mr. Manness: Mr. Speaker, The Education Administration Amendment Act details the authority of the minister primarily in the running of schools. The intent of this amendment is basically to give teachers greater authority in their classrooms. This bill proposes to provide for teachers the power to suspend students from the classroom and the school for a period of two days.
There will also be changes with respect to the detailing duties of principals, teachers, advisory councils, many of the same areas that have been detailed with respect to the education reform document will be given their power in the amendments that are brought forward under Bill 3.
Motion agreed to.
Bill 4--The Public Schools Amendment Act
Hon. Clayton Manness (Minister of Education and Training): Mr. Speaker, I move, seconded by the Minister of Health (Mr. McCrae), that leave be given to introduce Bill 4, The Public Schools Amendment Act (Loi modifiant la Loi sur les écoles publiques), and that the same now be received and read a first time.
Motion presented.
Mr. Manness: Mr. Speaker, The Public Schools Act deals mostly with how the public school system is governed and how it is legally constituted. The amendment that we are proposing in Bill 4 is an attempt to deal with much of the violence within the public school system, within our schools at this time.
Therefore, Mr. Speaker, what we are trying to do, particularly in conjunction with the leadership role as provided by the Minister of Justice (Mrs. Vodrey) in this respect, is to try and remove those undesirables who have no place, those people who are older, those people who may have been graduated already who are not day-to-day attendees in the public school system, but who are casting negative influences within that sphere.
So, Mr. Speaker, we are going to give the school leaders greater powers to deal with these undesirables and make sure, whether or not those people who are trying to bring in contraband into that setting, who are trying to spread fear into that setting, will no longer be able to do so because greater powers under this act to the school leaders will prevent them from being there.
Motion agreed to.
Introduction of Guests
Mr. Speaker: Prior to Oral Questions, may I direct the attention of honourable members to the gallery, where we have with us this afternoon from the St. George School, forty Grade 9 students under the direction of Mr. Clint Harvey and Mrs. Shuster. This school is located in the constituency of the honourable member for St. Vital (Mrs. Render).
Also, from the Ralph Brown School, we have twenty-six Grade 5 students under the direction of Mrs. Sandy Barr. This school is located in the constituency of the honourable member for St. Johns (Mr. Mackintosh).
On behalf of all honourable members, I would like to welcome you here this afternoon.
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