DEBATES and PROCEEDINGS
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Third Session – Forty-First Legislature of the Legislative Assembly of Manitoba DEBATES and PROCEEDINGS Official Report (Hansard) Published under the authority of The Honourable Myrna Driedger Speaker Vol. LXXI No. 35A - 10 a.m., Tuesday, April 17, 2018 ISSN 0542-5492 MANITOBA LEGISLATIVE ASSEMBLY Forty-First Legislature Member Constituency Political Affiliation ALLUM, James Fort Garry-Riverview NDP ALTEMEYER, Rob Wolseley NDP BINDLE, Kelly Thompson PC CLARKE, Eileen, Hon. Agassiz PC COX, Cathy, Hon. River East PC CULLEN, Cliff, Hon. Spruce Woods PC CURRY, Nic Kildonan PC DRIEDGER, Myrna, Hon. Charleswood PC EICHLER, Ralph, Hon. Lakeside PC EWASKO, Wayne Lac du Bonnet PC FIELDING, Scott, Hon. Kirkfield Park PC FLETCHER, Steven, Hon. Assiniboia Ind. FONTAINE, Nahanni St. Johns NDP FRIESEN, Cameron, Hon. Morden-Winkler PC GERRARD, Jon, Hon. River Heights Lib. GOERTZEN, Kelvin, Hon. Steinbach PC GRAYDON, Clifford Emerson PC GUILLEMARD, Sarah Fort Richmond PC HELWER, Reg Brandon West PC ISLEIFSON, Len Brandon East PC JOHNSON, Derek Interlake PC JOHNSTON, Scott St. James PC KINEW, Wab Fort Rouge NDP KLASSEN, Judy Kewatinook Lib. LAGASSÉ, Bob Dawson Trail PC LAGIMODIERE, Alan Selkirk PC LAMOUREUX, Cindy Burrows Lib. LATHLIN, Amanda The Pas NDP LINDSEY, Tom Flin Flon NDP MALOWAY, Jim Elmwood NDP MARCELINO, Flor Logan NDP MARCELINO, Ted Tyndall Park NDP MARTIN, Shannon Morris PC MAYER, Colleen St. Vital PC MICHALESKI, Brad Dauphin PC MICKLEFIELD, Andrew Rossmere PC MORLEY-LECOMTE, Janice Seine River PC NESBITT, Greg Riding Mountain PC PALLISTER, Brian, Hon. Fort Whyte PC PEDERSEN, Blaine, Hon. Midland PC PIWNIUK, Doyle Arthur-Virden PC REYES, Jon St. Norbert PC SARAN, Mohinder The Maples Ind. SCHULER, Ron, Hon. St. Paul PC SMITH, Andrew Southdale PC SMITH, Bernadette Point Douglas NDP SMOOK, Dennis La Verendrye PC SQUIRES, Rochelle, Hon. Riel PC STEFANSON, Heather, Hon. Tuxedo PC SWAN, Andrew Minto NDP TEITSMA, James Radisson PC WHARTON, Jeff, Hon. Gimli PC WIEBE, Matt Concordia NDP WISHART, Ian, Hon. Portage la Prairie PC WOWCHUK, Rick Swan River PC YAKIMOSKI, Blair Transcona PC Vacant St. Boniface 1473 LEGISLATIVE ASSEMBLY OF MANITOBA Tuesday, April 17, 2018 The House met at 10 a.m. receive a debate already concluded during the session or anticipate a matter appointed for Madam Speaker: O Eternal and Almighty God, consideration of which notice has been given." End from Whom all power and wisdom come, we are quote. assembled here before Thee to frame such laws as may tend to the welfare and prosperity of our The House of Commons Procedure and Practice, province. Grant, O merciful God, we pray Thee, that Third Edition, states on page 1129, and there is–that we may desire only that which is in accordance with there is nothing preventing two similar items from Thy will, that we may seek it with wisdom and know being placed on the Order Paper simultaneously. it with certainty and accomplish it perfectly for the However, because the House cannot take more than glory and honour of Thy name and for the welfare of one decision on any given matter during a session, a all our people. Amen. decision on any of these bills will prevent further proceedings on any other similar bill. Please be seated. Good morning, everybody. Both Bill 214 and Bill 219 propose to amend ORDERS OF THE DAY The Workplace Safety and Health Act. After PRIVATE MEMBERS' BUSINESS consultation with the Clerk's office and with Legislative Counsel, I can verify the content of both Mr. Andrew Micklefield (Acting Government bills is indeed very similar. I have concluded that, House Leader): Good morning, Madam Speaker, legislatively and procedurally, they both achieve the and colleagues. Wondering if you could canvass the same goal: prohibiting footwear requirements for the House to see if there is leave to call Bill 221 put purpose of ensuring safety and health in the forward by Mr. Lagassé–[interjection]–the member workplace. for Dawson Trail, thank you. Sorry about that. As this House has already decided in this session I'm wondering if you could canvass the House to to pass Bill 219 at second reading, and since both see if there is leave to call Bill 221, The Rail Safety bills contain substantially the same provisions, I Awareness Week Act, and then at 11 o'clock to must rule that Bill 214 cannot proceed any further in proceed to Manitoba Curling Week resolution. this House this session. Madam Speaker: Is there leave to proceed with The honourable member for Assiniboia has two Bill 221 this morning? [Agreed] courses of action open to him. Bill 214 can remain Speaker's Ruling on the Order Paper and not be proceeded with further. Alternatively, he may seek the unanimous Madam Speaker: Before we proceed with the bill, consent of the House to withdraw it. I have a ruling for the House, and it's a ruling on Bill 214, The Workplace Safety and Health SECOND READINGS–PUBLIC BILLS Amendment Act. Bill 221–The Rail Safety Awareness Week Act Before we proceed with the next item of Madam Speaker: We will now proceed to bill–to business, I must inform the House that Bill 214, The second reading of Bill 221, The Rail Safety Workplace Safety and Health Amendment Act, Awareness Week Act. sponsored by the honourable member for Assiniboia Mr. Bob Lagassé (Dawson Trail): Madam Speaker, (Mr. Fletcher), has some similarities with Bill 219, I move, seconded by the member for Transcona The Workplace Safety and Health Amendment Act, (Mr. Yakimoski), that Bill 221, The Rail Safety inappropriate use or unsafe footwear, sponsored by Awareness Week Act, be now read a second time the honourable member for St. Johns (Ms. Fontaine). and referred to a committee of this House. Bill 219 passed second reading on April 5th, 2018. Motion presented. Rule 42 of the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Mr. Lagassé: The safety of Manitobans and Manitoba states that, and I quote: "No Member shall everyone who visits this province is a top priority for 1474 LEGISLATIVE ASSEMBLY OF MANITOBA April 17, 2018 this government. That is why we are bringing forth implemented a national rail safety awareness week in legislation designed to provide Manitobans with order to better educate people about the variety of knowledge required to make railway accidents a relic transport dangers, including railway tracks. These of the past. programs are effective because they can reach a wide audience and improve the capacity of citizens to As we all know too well, railway accidents cause protect themselves. injury or death. This past year Elijah Gunner was hit by a train in Winnipeg and dragged for 12 metres * (10:10) before escaping. Elijah had both his legs amputated, Accordingly, this bill is proposed to create an one above and one below the knee. annual Rail Safety Week during the last week On a personal level, we unfortunately faced a of September. During the week, the Manitoba heartbreaking tragedy in my constituency as well. government will encourage citizens, employers and schools to co-operate with rail companies to Madam Speaker, as a father of five kids, four of implement educational programming on rail safety. which are daughters, I cannot even imagine the pain These programs will focus on improving awareness associated with the loss of a child. And, to be honest, about how to spot and avoid dangers associated with this is one of my worst fears. rail traffic, especially when it intersects with In September of 2017, Kharma Annette Brown, roadways and walkways. Importantly, we have been an 11-year-old girl, was hit and killed by a train in in consultation with CN rail, and they agreed that Ste. Anne. As a father and community member I am creating a rail safety awareness week would benefit deeply, deeply saddened by the tragedy, and my Manitobans. heart aches for those who loved her, especially her Improving rail safety is the goal of our dad, Randell Brown, who is joined by other government and the federal government and rail community members here today in the gallery. companies. Specifically, in 2017 the federal I believe that as we look forward, those of us Transport Minister allocated $20 million to the Rail with the power to act, to improve things, have a Safety Improvement Program. Much of the funds responsibility to do so. Accordingly, I have put this were used with Operation Lifesaver, which promotes bill forward to prevent such accidents from rail safety education amongst young people in happening again in the future. Canada. In addition, CN developed the Look. Listen. Live. community safety partnership program. This Unfortunately, the cases I have mentioned are by program provides communities with decals and no means isolated incidents. Every year there are presentations reminding them to look, listen at close to 250 collissions and trespassing incidents railway crossings. along Canadian railways, resulting in an average of 100 injuries or deaths. These communities are encouraged to participate in the process by passing a resolution promoting rail More specifically, in Canada during 2017 safety during Canada's annual Rail Safety Week there was 222 railway incidents, 72 fatalities and at the end of September. Canadian Pacific Railway 44 serious injuries. In Manitoba alone there were also has educational programming with resources 19 rail incidents, three resulting in fatalities and five available for educators, as well as the safe–as well as serious injuries. safety presenters to speak with children about safety As a country and as a province, we need to do around railways. We are taking it one step further better at preventing such tragedies. That is why this than a resolution and we are attempting to be the first bill aims to increase education and awareness across province to put Rail Safety awareness Week into law the province about rail safety.