LEGISLATIVE ASSEMBLY OF MANITOBA Friday, January 12, 1990. The House met at 10 a.m. Mr. G. Les Balneaves, Private Citizen Mr. Te rry Tu rcan, Manitoba Government PRAYERS Employees' Association (MGEA) Mr. Dave Brown, Deputy Mayor, City of Winnipeg ROUTINE PROCEEDINGS Law Department Mayor Bill Norrie, City of Winnipeg PRESENTING REPORTS BY Mr. Bill Poole, Ducks Unlimited STANDING AND SPECIAL COMMITTEES Mr. Ta ras Lasko, Private Citizen Councillor Al Golden, Private Citizen Mr. Edward Helwer (Chairman of Committees): Mr. Mr. Don Mitchelson, Ward Councillor, City of Speaker, I beg to present the Second Report on the Winnipeg Committee of Municipal Affairs. Mr. Henry Wiebe, Mr. Donald Melnyk and Ms. Doreen Demare, Manitoba Association of Urban Some Honourable Members: Oh, oh! Municipalities Councillor Sieg Peters and Mr. Les Schroeder, Mr. Speaker: Order, please. Rural Municipality of Hanover Mayor Richard Borotzik and Mr. Robyn Singleton, Mr. Clerk (William Remnant): Yo ur Standing City of Brandon Committee on Municipal Affairs presents the following Ms. Brenda Leslie, Manitoba Association of as their Second Report. School Trustees Yo ur committee met on Tuesday, December 19, 1989, Mr. Brunel Jutras, Rural Municipality of Montcalm at 10 a.m. and 8 p.m.; Wednesday, December 20, 1989, Reeve Jake Schroeder, Rural Municipality of at 8 p.m.; Thursday, December 21, 1989, at 10 a.m. Rhineland and 8 p.m.; Wednesday, January 3, 1990, at 10 a.m.; Reeve John Giesbrecht, Rural Municipality of La Monday, January 8, 1990, at 3 p.m.; Tuesday, January Broquerie 9, 1990, at 10 a.m., in Room 255; Tuesday, January 9, Mr. Bill Martens, Rural Municipality of Morris 1990, at 3 p.m. in Room 254; Tuesday, January 9, 1990, Reeve Francis Benoit, Rural Municipality of Ste. at 8 p.m. in Room 255; and Wednesday, January 10, Anne 1990, at 3: 15 p.m. in Room 255 of the Legislative Reeve Fernand Berard, Rural Municipality of De Building to consider Bills referred. On December 19 Salaberry and 21, 1989, at 10 a.m., your committee elected Mr. Mr. Charles Chappell, Private Citizen Helwer as Chairman. On December 20, 1989, at 8 p.m., Mr. Kenneth Emberley, Private Citizen your committee elected Mr. Pankratz as Chairman. Mr. To ny Dalmyn, Manitoba Home Builders Association Yo ur committee heard representations on Bill No. 79, Mr. Garry Grant, Private Citizen The Municipal Assessment and Consequential Mr. John Petrinka, Private Citizen Amendments Act; Loi sur !'evaluation municipale et Mr. Philip Fontaine and Mr. Jack London, modifications correlatives, as follows: Assembly of Manitoba Chiefs Reeve William Roth and Mr. Charles Chappell, Mr. Peter Meyer, Private Citizen Rural Municipality of Dufferin Mr. Winston Smith, Mr. Kevin Olmstead and Mr. John Duda, Canadian Pacific Limited Written Submissions: Mr. Rhine Olyniuk, Canadian National Railways Mr. Ed Scrapneck, Kildonan Tennis and Canoe Mr Ross Nugent, Administrations of Grace Club General Hospital, St. Boniface General Hospital, Seven Oaks General Hospital, Concordia General Yo ur committee has considered Bill No. 79, The Hospital and Victoria General Hospital; Private Municipal Assessment and Consequential Amendments Citizen Act; Loi sur !'evaluation municipale et modifications Mr. Frank Ryrplenski, St. Boniface General correlatives, and has agreed to report the same with Hospital the following amendments: Mr. Jim Hayes, Grace General Hospital Mr. Peter Sloggett, Victoria General Hospital MOTION: Mr. Michael Mercury, Private Citizen THAT the definition of "assessed value" in section Mr. John Cook, Springfield Agricultural 1 be amended by striking out "under subsection 17(1)" Ratepayers Association and substituting "under Part 5 or as revised on an Mr. John Kuzminski, Private Citizen application or an appeal under Part 8". Mr. Jack Fotheringham, Manitoba Seed Growers Mr. Earl Geddes and Mr. Alan Ransom, Keystone MOTION: Agricultural Producers Inc. Mr. Manson Moir, Union of Manitoba THAT the definition of "board" in section 1 be Municipalities amended by striking out "subsection 54(2) or subsection 4258 Friday, January 12, 1990 54(4)" and substituting "subsection 38(1) or subsection MOTION: 54(5)". THAT section 1 be amended by adding the following MOTION: definition in alphabetical order: THAT the definition of "hospital" in section 1 be "value" means, in respect of property being amended by striking out the text that follows clause assessed under this Act, the amount that the (b) and substituting the following: property might reasonably be expected to realize if sold in the open market in the applicable but does not include reference year by a willing seller to a willing buyer; (c) the Selkirk Mental Health Centre, the ("valeur") Brandon Mental Health Centre or the Eden Mental Health Centre; MOTION: (d) an institution under The Mental Health Act; THAT clause 5( 1)(e) be amended by adding "related" (e) a hospital that is owned or operated by the before "duties". Government of Canada; or MOTION: (f) an institution that is owned or operated by the Sanatorium Board of Manitoba; THAT subsection 6(2) be amended by striking out ("hOpital") clause (c) and renumbering clauses (d), (e) and (f) as clauses (c), (d) and (e) respectively. MOTION: THAT section 1 be amended by adding the following MOTION: definition in alphabetical order within the section: THAT clause 6(2)(d) be amended by adding "related" "prescribed" means prescribed by regulation; before "duties", MOTION: MOTION: THAT the definition of "railway roadway" in section THAT section 6 be amended by adding the following 1 be amended subsection: (a) by striking out "cinder and" before "service"; and Retroactive regulations for 1990 6(3) A regulation made under this section may, (b) by adding "hot box and dragging equipment detectors and other stationary equipment, for purposes of assessments for 1990, be given appliances and machinery used in the retroactive effect and come into force on January operation of trains," after "protective 1, 1990. appliances,". MOTION: MOTION: THAT section 9 be amended by adding the following THAT the definition of "reference year" in section 1 subsections: be struck out and the following definition substituted: "reference year" means, other than in subsection Conservation property breakdown 17(2), the year following the year of the previous 9(7) Where applicable, an assessor shall, in a general assessment under subsection 9( 1); notice of assessment sent under subsection (6), indicate the portion of the assessed value that MOTION: relates to conservation land. THAT the definition of "registered owner" in section "Conservation land" 1 be struck out and the following definition substituted: 9(8) For purposes of subsection (7), "registered owner" means, in respect of land, "conservation land" means land that a person who (a) is Farm Property; (a) is registered under The Real Property Act as an owner of land, (b) is not used for an agricultural purpose; and (b) where the freehold is not subject to The Real (c) is, during the applicable reference year and Property Act, is a grantee in a conveyance the two years preceding the applicable of land registered under The Registry Act, reference year, left in an undeveloped and or natural state by the registered owner or (c) is registered under The Condominium Act as occupier of the land for the purpose of an owner of a unit, as defined in The preserving or restoring the quality of the land Condominium Act; ("proprietaire inscrit") as a natural environment or habitat. 4259 Friday, January 12, 1990 MOTION: Application for amendment 13(1.1) A person in whose name property is THAT section 11 be amended by adding the following: assessed who is of the opinion that any of the Classification of properties circumstances referred to in subsection (1) exist 11(6) In doing an assessment, an assessor shall with respect to the property, may apply to an classify the property being assessed in assessor to amend the assessment roll in accordance with the prescribed classes of accordance with that subsection, and the property. assessor shall, within 60 days of receipt of an application, Allocating assessed values (a) amend the assessment roll or refuse to 11(7) Where property being assessed falls within amend it; and two or more prescribed classes of property, the assessor shall allocate the assessed value of the (b) give written notice to the applicant of the property to the classes in portions that, in each decision taken under clause (a). case, reflect the part of the assessed value attributable to the portion of the property falling MOTION: within the class. THAT section 13 be amended by adding the following MOTION: subsections: THAT subsection 12(1) be amended by adding "or, Conservation property breakdown � in respect of land in the City of Winnipeg, to the City , Assessor" after "municipal administrator". 13(6) Where an amendment under subsection ( 1) alters the assessed value of property that MOTION: includes conservation land, the assessor shall, in a notice of the amendment sent under THAT subsection 12(3) be amended subsection (5), ind icate the portion of the (a) by adding "or the City Assessor" after assessed value that relates to conservation land. "municipal administrator"; and "Conservation land" (b) by adding ", in the case of a municipal 13(7) For purposes of subsection (6), administrator, the municipal administrator" "conservation land" means land that after "the subject land and". (a) is Farm Property; MOTION: (b) is not used for an agricultural purpose; and THAT subsection 13(1) be amended (c) is, during the applicable reference year and (a) by striking out the words that precede clause the two years preceding the applicable (a) and substituting the following: reference year, left in an undeveloped and natural state by the registered owner or Amending assessment rolls occupier of the land for the purpose of 13(1) Where, in a year for which a general assessment preserving or restoring the quality of the land under subsection 9(1) is not required, as a natural environment or habitat.