Third Session- Thirty-Sixth Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable Louise M. Dacquay Speaker Vol. XLVII No. 46A -10 a.m., Thursday, May 15, 1997 MANITOBA LEGISLATIVE ASSEMBLY Thirty-Sixth Legislature Member Constituency Political AtTiliation ASHTON, Steve Thompson N.D.P. BARRETT, Becky Wellington N.D.P. CERILLI, Marianne Radisson N.D.P. CHOMIAK, Dave Kildonan N.D.P. CUMMINGS, Glen, Hon. Ste. Rose P.C. DACQUAY, Louise, Hon. Seine River P.C. DERKACH, Leonard, Hon. Roblin-Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary Concordia N.D.P. DOWNEY, James, Hon. Arthur-Virden P.C. DRIEDGER, Albert Steinbach P.C. DYCK, Peter Pembina P.C. ENNS, Harry, Hon. Lakeside P.C. ERNST, Jim Charleswood P.C. EVANS, Clif Interlake N.D.P. EVANS, Leonard S. Brandon East N.D.P. FILMON, Gary, Hon. Tuxedo P.C. FINDLAY, Glen, Hon. Springfield P.C. FRIESEN, Jean Wolseley N.D.P. GAUDRY, Neil St. Boniface Lib. GILLESHAMMER, Harold, Hon. Minnedosa P.C. HEL WER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. KOWALSKI, Gary The Maples Lib. LAMOUREUX, Kevin Inkster Lib. LATHLIN, Oscar The Pas N.D.P. LAURENDEAU, Marcel St. Norbert P.C. MACKINTOSH, Gord St. Johns N.D.P. MALOWAY, Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McALPINE, Gerry Sturgeon Creek P.C. McCRAE, James, Hon. Brandon West P.C. McGIFFORD, Diane Osborne N.D.P. - MciNTOSH, Linda, Hon. Assiniboia P.C. MIHYCHUK, MaryAnn St. James N.D.P. MITCHELSON, Bonnie, Hon. River East P.C. NEWMAN, David, Hon. Riel P.C. PENNER, Jack Emerson P.C. PITURA, Frank, Hon. Morris P.C. PRAZNIK, Darren, Hon. Lac du Bonnet P.C. RADCLIFFE, Mike, Hon. River Heights P.C. REID, Daryl Transcona N.D.P. REIMER, Jack, Hon. Niakwa P.C. RENDER, Shirley St. Vital P.C. ROBINSON, Eric Rupertsland N.D.P. ROCAN, Denis Gladstone P.C. SALE, Tim Crescentwood N.D.P. SANTOS, Conrad Broadway N.D.P. STEFANSON, Eric, Hon. Kirkfield Park P.C. STRUTHERS, Stan Dauphin N.D.P. SVEINSON, Ben La Verendrye P.C. TOEWS, Vic, Hon. Rossmere P.C. TWEED, Mervin Turtle Mountain P.C VODREY, Rosemary, Hon. Fort Garry P.C. WOWCHUK, Rosann Swan River N.D.P. Vacant Portage Ia Prairie 2807 LEGISLATIVE ASSEMBLY OF MANITOBA Thursday, May 15, 1997 The House met at 10 a.m. Copy. The second change introduces a general immunity clause to protect the department and government from liability resulting from errors or PRAYERS disputes arising from assessment of teacher and clinician credentials and classification and/or ORDERS OF THE DAY classification. Hon. James McCrae (Government House Leader): To take the changes required to the amendments of Madam Speaker, would you be so kind as to call bills the recent Can Copy agreement first. As the legislative for second readings, the ones listed on page 4, Bills 29, companion to the copyright regulation MR213/96, this 30, 31 and 32. Once we have introduced those bills, it amendment repeals subsections (c) and (d) of Section may be that the representative of the official opposition 3.1(4) of the act, which require copyright fees to be set can indicate now which bill or bills they might wish to in regulation and require the name of the specific grant debate this morning. If not, we will take them in order from which the fees are to be deducted. as listed from page 1 on the Order Paper. But you can take your cue from the opposition with respect to which The amendment introduces the flexibilityneeded to bills they might like to debate. meet the new requirements of the Can Copy agreement by allowing the minister to make regulations An Honourable Member: Seven and eight. concerning, first, the designation of educational institutions covered by the agreement without actually Mr. McCrae: I am told, Madam Speaker, that after having to nameall of the institutions; (2) respecting the those second reading introductions, we move to Bills 7 terms and conditions with which these institutions must and 8 and following. comply in copying works covered by the agreement; (3) requiring those institutions to pay fees for the SECOND READINGS authorization to copy works and the amount of those fees. The minister, under subsection 3.1 (5), can deduct Bill 29-The Education Administration the amount of these fees from any support or grant. Amendment Act These changes are needed, Madam Speaker, so that Hon. Linda Mcintosh (Minister of Education and the Instructional Resources unit which is responsible Training): I move, seconded by the Minister of for administering the copyright regulation and for Environment (Mr. McCrae), that Bill 29, The Education monitoring the Can Copy agreement can better respond Administration Amendment Act; Loi modifiant Ia Loi to copyright licensing provisions, and teachers need to sur !'administration scolaire, be now read a second time have easy access to copyright material beyond what is and be referred to a committee of this House. permitted in federal copyright law. This has been an irritant for schools and for teachers trying to obtain Motion presented. material for students. Mrs. Mcintosh: Madam Speaker, Bill 29, The No money will be saved or generated by these Education Administration Amendment Act, that I am changes, although grant money will be deducted from tabling today introduces two changes to The Education school district or division budgets to pay for the right to Administration Act. They are housekeeping changes make reproductions of printed material. The collected that we believe will better facilitate the system. The fundsare paid to Can Copy which, in tum, compensates first will better enable us to meet the requirements of the authors of material being reproduced, and the the recently concluded agreement with the Canadian licensing agreement with Can Copy has already been copyright licensing agency, which is also known as Can approved by the minister. 2808 LEGISLATIVE ASSEMBLY OF MANITOBA May 15, 1997 The second set of changes to The Education The Provincial Evaluations Committee will continue to Administration Amendment Act which is the hear appeals of classifications decisions by department introduction of a general indemnity from liability clause staff. The committee comprises representatives of in subsection 19( I), the clause will in greater measure teacher and employment organizations as well as shield department officials who have worked in good representatives of teacher education institutions. faith fromthe expense of legal proceedings in the event there is a dispute over classification assigned by the In short, Madam Speaker, those are the main points: Professional Certification and Student Records Unit, one, to make the Can Copy agreementworka ble for the where it would go to court, and the determination of field; and the other, to ensure that employees who have classification was made without employee negligence. not committed negligent acts not be subject to court proceedings fo r errors made by others than them. Under The Education Administration Amendment Act, the Minister of Education and Training has the With those fe w brief remarks, I conclude my authority to make regulations respecting the comments on this bill. Thank you fo r your attention. - qualifications of teachers and clinicians. The Professional Certification Unit administers the * (1010) regulation by assessing teacher/clinician credentials against criteria that include academic qualificationsand Ms. Diane McGifford(Osborne): I move, seconded then by assigning a classification. Teacher and by the honourable member for Dauphin (Mr. Struthers), clinician salary levels are determined by classification that debate be adjourned. and experience with a classification through their local collective agreements. Motion agreed to. From time to time, a teacher or clinician will dispute Bill 30-The Farm Practices Protection the unit's assessment and classification. This could Amendment Act mean, in some cases, that those professionals have been paid less than the amount to which they might have Hon. Harry Eons (Minister of Agriculture): Madam been entitled or overclassified and paid more. These Speaker, I am pleasedto introduce fo r second reading disputes can sometimes end up in court. Where an at this time Bill 30, seconded by the honourable error in classification has actually been made, the Minister of Rural Development (Mr. Derkach), Bill 30, - process must continue and is costly in terms of staff The Farm Practices Protection Amendment Act (Loi time and legal expense. modifiant Ia Loi sur Ia protection des pratiques agricoles), be nowread a second time and referred to a What we are proposing is designed to take a look at committee of this House. what is called in common vernacular the nuisance claims. By that I mean that these are claims that are not Motion presented. linked to negligence on the partof the staffin assigning a classification level to the professional. It may be that Mr. Eons: Madam Speaker and members of the the person has not sent in additional information that House, this is a modest but, nonetheless, important was required, et cetera. In those cases, it is not deemed amendment to The Farm Practices Protection Act that correct that a clerk should be held liable fo r assessing determines the operations of the Farm Practices Board. a classification based upon the information provided Some members will recall that several years ago this which if it is not complete would result in a government introduced the original legislation that sets misclassification. We feel there has to be an onus, if up a board that has the authority to look at how the we aregoing to proceed, fo r fairness in the civil service farmers of Manitoba run their operations.