VOL. XLVI No. 78B - 1:30 p.m., THURSDAY, NOVEMBER 7, 1996

Thursday, November 7, 1996

LEGISLATIVE ASSEMBLY OF MANITOBA

Thursday, November 7, 1996

The House met at 1:30 p.m.

ROUTINE PROCEEDINGS

PRESENTING PETITIONS

Manitoba Telephone System

Mr. Doug Martindale (Burrows): Madam Speaker, I beg to present the petition of Kathy Schantz, E.A. McDonald and Jean Jurek requesting that the Premier (Mr. Filmon) withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

Selkirk and District General Hospital

Mr. Gregory Dewar (Selkirk): Madam Speaker, I beg to present the petition of Blair Jackson, Darlene Zuke, Jack Fryatt and others praying that the Legislative Assembly of Manitoba urge the Premier to halt the proposed nursing deletions at the Selkirk and District General Hospital.

Manitoba Telephone System

Ms. MaryAnn Mihychuk (St. James): Madam Speaker, I beg to present the petition of Joe Konkin, Andrew Veremco, Patricia Ross and others requesting the Premier withdraw Bill 67 and not sell the Manitoba Telephone System to private interests.

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 (by leave). Is it the will of the House to have the petition read?

An Honourable Member: Yes.

Madam Speaker: Yes. The Clerk will read.

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

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 of their families.

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: Dispense.

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 of their families.

Manitoba Telephone System

Madam Speaker: I have reviewed the petition of the honourable member for St. James (Ms. Mihychuk). 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: Dispense.

Madam Speaker: Dispense.

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.

* (1335)

Madam Speaker: I have reviewed the petition of the honourable member for Thompson (Mr. Ashton). 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: Yes. The Clerk will read.

Mr. Clerk: 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.

Selkirk and District General Hospital

Madam Speaker: I have reviewed the petition of the honourable member for Selkirk (Mr. Dewar). 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: Dispense.

Madam Speaker: Dispense.

THAT on at least six occasions during the 1995 provincial election the Premier promised not to cut health care services; and

THAT in the first issue of Health News the Minister of Health stated that they must continue to meet the needs of Manitobans and their families today, tomorrow and in the coming century; and

THAT the residents of the communities surrounding the Selkirk and District General Hospital vitally depend on the services at this hospital; and

THAT further nursing cutbacks to the Selkirk and District General Hospital will jeopardize the quality patient care and safety we are now receiving; and

WHEREFORE your petitioners humbly pray that the Legislative Assembly of Manitoba urge the Premier to halt the proposed nursing deletions at the Selkirk and District General Hospital.

Manitoba Telephone System

Madam Speaker: I have reviewed the petition of the honourable member for Broadway (Mr. Santos). 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: Dispense.

Madam Speaker: Dispense.

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) and withdraw Bill 67 and not sell the Manitoba Telephone System to private interests

Madam Speaker: I have reviewed the petition of the honourable member for The Pas (Mr. Lathlin). 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: Yes. The Clerk will read.

Mr. Clerk: 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.

PRESENTING REPORTS BY

STANDING AND SPECIAL COMMITTEES

Standing Committee on Industrial Relations

Second Report

Mr. Mike Radcliffe (Chairperson of the Standing Committee on Industrial Relations): Madam Speaker, I beg to present the Second Report of the Committee on Industrial Relations.

Mr. Clerk (William Remnant): Your Standing Committee on Industrial Relations presents the following as its Second Report.

An Honourable Member: Dispense.

Madam Speaker: Dispense.

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

Your committee met on Thursday, October 24, 1996, at 7 p.m. on Tuesday, October 29, 1996, at 6:30 p.m. in Room 255 of the Legislative Assembly, on Monday, November 4, 1996, at 6:30 p.m. in Room 254 of the Legislative Assembly, and on Tuesday, November 5, 1996, at 3 p.m. and at 6:30 p.m. in Room 255 of the Legislative Assembly to consider bills referred.

At the October 24, 1996, meeting your committee elected Mr. Radcliffe as its Chairperson and Mr. Dyck as its Vice-Chairperson.

At the October 24, 1996, meeting your committee agreed, by motion, on a voice vote, to establish a time limit of 10 minutes per presentation, with 5 minutes for questions and answers.

Also at the October 24, 1996, meeting your committee agreed to the following motion:

THAT the Committee assess the time the Committee will sit to at midnight, and that nobody drops off of the list after midnight.

At the October 29, 1996, meeting, your Committee elected Mr. Laurendeau as its Vice-Chairperson.

At the October 29, 1996, meeting, your committee agreed, on a voice vote, to the following motion:

THAT the Committee hear from all those persons present at the meeting who wish to present, as presented on the List of Presenters.

At the November 5, 1996, 3 p.m. meeting, your committee elected Mr. McAlpine as its Vice-Chairperson.

At the November 5, 1996, 6:30 p.m. meeting, your committee elected Mr. Dyck as its Vice-Chairperson.

Your committee heard representation on bills as follows:

Bill 17--The Government Essential Services Act; Loi sur les services gouvernementaux essentiels

Dave Tesarski - Canadian Federation of Labour

Rob Hilliard - Manitoba Federation of Labour

John Sinclair - Manitoba Health Organizations

Peter Olfert - Manitoba Government Employees Union

Catherine Holmes - The Tache Family Association (Tache Nursing Centre)

Bill 26--The Labour Relations Amendment Act; Loi modifiant la Loi sur les relations du travail

Al Mackling - Private Citizen

Chris Hickes - Souris Valley Teachers' Association

Randy Bjornson - Manitoba Association for Rights and Liberties

Ross Martin - Brandon and District Labour Council

Keith Hills - Private Citizen

Dave Tesarski - Canadian Federation of Labour

Bernard Christophe - United Food and Commercial Workers Union Local 832

Frank Thomas and Dave Martin - Manitoba Building Trades Council

Brian Timlick - Private Citizen

Paul Moist - CUPE - Manitoba Division

Sydney Green - Private Citizen

Bob Stevens - Manitoba Restaurant and Food Services Association

Maureen Hancharyk - Manitoba Nurses' Union

Rob Hilliard - Manitoba Federation of Labour

Greg Patterson - Private Citizen

William F. Gardener, Jr. - Winnipeg Chamber of Commerce

Dan Kelly - Canadian Federation of Independent Business

Lance Norman - Manitoba Chamber of Commerce

Diane Beresford - Manitoba Teachers' Society

Alan Borger, Jr. - Private Citizen

Gerald Joyce - Private Citizen

Bryan Walton - Canadian Council of Grocery Distributors, Canada Safeway

Eduard Hiebert - Private Citizen

Patrick Martin - United Brotherhood of Carpenters and Joiners of America, Local 343

Thomas Henderson - Canadian Auto Workers

Brian Hunt - United Steelworkers of America

Theresa Ducharme - Private Citizen

Peter Olfert - Manitoba Government Employees Union

Mario Javier - Private Citizen

Cy Gonick - Private Citizen

Kenneth Emberley - Private Citizen

Darrell Rankin - Communist Party of Canada

Reg Cumming - Canadian Auto Workers, Local 2224

Heinrich Huber - Private Citizen

Caroline Stecher - Private Citizen

Iris Taylor - Private Citizen

Robert Zeigler - Private Citizen

Carolyn Ryan - Private Citizen

Mark Sahan - Private Citizen

Victor Vrsnik - Manitoba Taxpayers Association

Claudette Chudy - Private Citizen

Ken Nickel - Private Citizen

Cindy Garofalo - Private Citizen

Jack Samyn - Private Citizen

Buffy Burrell - Private Citizen

George Anderson - Local 50021, Union of Taxation Employees

Phillipe Trottier - Private Citizen

Heather Grant - Winnipeg Labour Council

Jorge Maldonado - Private Citizen

George Harris - Private Citizen

Gill Gagne - Private Citizen

Bob Desjarlais - Local 6166 United Steelworkers of America

Written Submissions

Chris Lorenc - Manitoba Heavy Construction Association

Allan Finkel - Manitoba Fashion Institute

Grant Nordman - Assiniboia Chamber of Commerce

John Triplett - Teachers for Excellence in Education

Yvonne Campbell - Public Service Alliance of Canada, Local 50021 (Deer Lodge Centre)

Jim Silver - Choices

Bill 50--The Remembrance Day Amendment Act, Loi modifiant la Loi sur le jour du souvenir

Brenda Stamm - Private Citizen

Ken Emberley - Private Citizen

Your committee has considered:

Bill 301--The Native Alcoholism Council of Manitoba Incorporation Amendment Act: Loi modifiant la Loi constituant en corporations "The Native Alcoholism Council of Manitoba"

Bill 302--The Grand Lodge of Manitoba of the Independent Order of Oddfellows Incorporation Amendment Act; Loi modifiant la Loi constituant en corporation "The Grand Lodge of Manitoba of the Independent Order of Oddfellows"

and has agreed to report the same without amendment.

Your committee has also considered:

Bill 17--The Government Essential Services Act; Loi sur les services gouvernementaux essentiels

and has agreed, on a counted vote of 6 Ayes, 4 Nays, to report the bill with the following amendments:

MOTION:

THAT the following be added after section 16:

Rules of the Labour Board

16.1 The Manitoba Labour Board may make any rules of practice and procedure that the board considers necessary to carry out its responsibilities under this Act.

MOTION:

THAT clause 17(b) be amended by adding "at the request of The Manitoba Labour Board," before "providing".

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 26--The Labour Relations Amendment Act; Loi modifiant la Loi sur les relations du travail

and has agreed, on a counted vote of 6 Ayes, 4 Nays, to report the same, with the following amendments:

MOTION:

THAT subsection 72.1(1), as set out in section 14 of the Bill, be amended

(a) in the English version, by striking out "after the commencement of" and substituting "during"; and

(b) by renumbering the subsection as subsection 72.1(2).

MOTION:

THAT the proposed subsection 72.1(1), as set out in section 14 of the Bill, be amended in the French version

(a) by striking out "que l'intérêt des" and substituting "qu'il est dans l'intérêt public que les"; and

(b) by striking out "serait mieux servi si leur était donné" and substituting "aient".

MOTION:

THAT subsection 72.1(2), as set out in section 14 of the Bill, be amended

(a) by striking out "or after"; and

(b) by renumbering the subsection as subsection 72.1(1).

MOTION:

THAT the proposed subsection 72.1(5) as set out in section 14 of the Bill, be amended in the French version by adding "qui participent au scrutin" after "des employés".

MOTION:

THAT the French Version of the proposed subsection 76.1(2), as set out in section 15 of the Bill, be struck out and the following substituted:

DROIT de l'employé de s'opposer

76.1(2) L'employé qui s'oppose à l'utilisation de ses cotisations syndicales à des fins politiques peut en aviser le syndicat par écrit et peut exiger que celui-ci remette à un organisme de bienfaisance qu'il désigne toute partie de ses cotisations destinée à de telles fins, auquel cas le syndicat remet annuellement ces cotisations à l'organisme que désigne l'employé.

MOTION:

THAT subsection 18(1) of the Bill be struck out and the following substituted:

18(1) Subsection 130(1) is amended by adding "concerning the dismissal or suspension for a period exceeding 30 days of an employee or concerning any other matter that the board considers to be of an exceptional nature" after "thereunder".

MOTION:

THAT the following be added after subsection 18(2) of the Bill:

18(2.1) Clause 130(5)(a) is repealed and the following substituted:

(a) shall appoint an arbitrator to hear and determine the matter arising out of the grievance, who shall be

(i) the arbitrator provided for in the collective agreement if that arbitrator is available within the time periods prescribed in this section, or

(ii) if no arbitrator is provided for in the collective agreement or if that arbitrator is not available within the time periods prescribed by this section, an arbitrator from the list of arbitrators under subsection 117(2).

MOTION:

THAT the following be added after section 132.4, as set out in section 19 of the Bill:

Employee may request information from union

132.4.1 Nothing in this Part prohibits an employee in a unit of employees for which a union is the bargaining agent from approaching the union directly requesting a financial statement or compensation statement of the union or further information about a financial statement or compensation statement of the union.

MOTION:

THAT the proposed subsection 132.6(4), as set out in section 19 of the Bill, be amended by adding ", subject to section 132.6.1," after "the board shall".

MOTION:

THAT the proposed subsection 132.6(5), as set out in section 19 of the Bill, be amended by adding "or the portion of the amount, as the case may be," after "the amount".

MOTION:

THAT the proposed subsection 132.6(6), as set out in section 19 of the Bill, be amended by adding "or a portion of union dues" after "remit union dues".

MOTION:

THAT section 19 of the Bill be amended by adding the following after the proposed section 132.6:

Consideration of professional, insurance and other benefits

132.6.1 If, in the case of a particular union, the board is satisfied that a portion of the union dues deducted from the wages of employees in a unit of employees for which the union is the bargaining agent is used to maintain the professional status of those employees or is used in respect of pension, superannuation, sickness, insurance or other benefits for those employees, the board shall limit an order under subsection 132.6(4) to apply only to that portion of the union dues that is not used for such purposes.

MOTION:

THAT the following be added after the proposed section 132.8, as set out in section 19 of the Bill:

Extension of time

132.8.1 Notwithstanding section 132.2, the first disclosure may be made at any time before February 15, 1997.

MOTION:

THAT section 21 be amended by striking out "January 1, 1997" and substituting "February 1, 1997".

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 50--The Remembrance Day Amendment Act; Loi modifiant la Loi sur le jour du souvenir

and has agreed, on a counted vote of 6 Yeas, 4 Nays, to report the same, with the following amendments:

MOTION:

THAT section 7 of the Bill be amended by adding the following after the proposed subsection 3.1(2):

Exception re C.C.S.M.c.L160

3.1(3) Subsection (1) does not apply in relation to the admission of members of the public to, or the sale or offering for sale of liquor, or goods of a type ordinarily sold or offered for sale at retail in connection with the sale of liquor, in,

(a) a liquor store or licensed premises as defined in The Liquor Control Act; or

(b) premises in relation to which an occasional permit is issued under that Act.

MOTION:

THAT the following be added after section 8 of the Bill:

Consequential amendments, C.C.S.M.c.L160

8.1(1) The Liquor Control Act is amended by this section.

8.1(2) Section 1.2 is repealed.

8.1(3) The definition "holiday" in section 1 is amended by striking out ", Remembrance Day".

8.1(4) Subsection 54(1) is amended by striking out "or" at the end of the clause (a), and by adding the following after clause (a):

(a.1) earlier than 1:00 p.m. on Remembrance Day except when it falls on a Sunday; or

8.1(5) Subsection 71(6) is amended by striking out "other than Remembrance Day".

8.1(6) Clause 72(3)(c) is amended by striking out "other than Remembrance Day".

8.1(7) Subsection 72(5) is amended by striking out "other than Remembrance Day,".

8.1(8) Clauses 73(4)(c) and 74(4)(b) are amended by striking out "other than Remembrance Day".

8.1(9) Subsection 76(10) is amended

(a) in clause (c), by striking out ", on Christmas Day or on Good Friday" and substituting "or a holiday"; and

(b) in clause (d), by adding ", whether or not it falls on a Sunday" after "Remembrance Day".

8.1(10) Subsection 76(11) is amended

(a) by striking out "other than Remembrance Day"; and

(b) by adding ", but when Sunday is also Remembrance Day, liquor may only be sold or served starting at 1:00 p.m." at the end.

8.1(11) Subsection 76(12) is amended by adding ", but when Sunday is also Remembrance Day, liquor may only be sold or served starting at 1:00 p.m." at the end.

8.1(12) Subsection 84(1) is amended by adding the following after clause (c):

(d) from 2:30 a.m. until 1:00 p.m. on Remembrance Day, except when it falls on a Sunday.

MOTION:

THAT the title be struck out and the following substituted:

THE REMEMBRANCE DAY AMENDMENT AND

CONSEQUENTIAL AMENDMENTS ACT

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 recommends that the fees paid with respect to the following Private Bills be refunded, less the cost of printing:

Bill 301--The Native Alcoholism Council of Manitoba Incorporation Amendment Act; Loi modifiant la Loi constituant en corporation "The Native Alcoholism Council of Manitoba"

Bill 302--The Grand Lodge of Manitoba of the Independent Order of Oddfellows Incorporation Amendment Act; Loi modifiant la Loi constituant en corporation "The Grand Lodge of Manitoba of the Independent Order of Oddfellows"

Mr. Radcliffe: Madam Speaker, I move, seconded by the honourable member for Morris (Mr. Pitura), that the report of the committee be received.

Motion agreed to.

* (1340)

TABLING OF REPORTS

Hon. Rosemary Vodrey (Minister responsible for the Status of Women): Madam Speaker, I am pleased to table the Annual Report for the Status of Women.