FifthSess ion • Thirty-FifthLegislature of the Legislative Assembly of Manitoba Standing Committee on Private Bills Chairperson Mr. JackReimer Constituency of Niokwa - Vol. XLIH No. 1 - 7 p.m., Tuesday,June 28, 1.994 ISSN <Y713-9489 MA NITOBA LEGISLATIVEASSEMBLY Thirty-FifthLegislature Members, Constituenciesand Political Aftiliation NAME CONSTITUENCY PARTY. ASHrON,Steve Thompson NDP BARRE'IT,Becky Wellington NDP CARST�,Sharon River Heights Liberal CERll..U, Marianne Radisson NDP CHOMIAK, Dave Kildonan NDP CUMMINGS, Glen, Hon. Ste.Rose PC DACQUAY, Louise Seine River PC DERKACH,Leonard, Hon. Roblin-Russell PC DEWAR, Gregory Selkirk NDP DOER, Gary Concordia NDP DOWNEY,James, Hon. Arthur-Virden PC DRIEDGER,Albert, Hon. Steinbach PC DUCHARME,Gerry, Hon. Riel PC EDWARDS, Paul St. James Liberal ENNS, Harry,Hon. Lakeside PC - ERNST,Jim, Hon. Charleswood PC EVANS,Clif Interlake NDP EVANS,Leonard S. BrandonEast NDP FILMON, Gary, Hon. Tuxedo PC FINDLAY, Glen, Hon. Springfield PC FRJESEN,Jean Wolseley NDP GAUDRY, Neil St. Boniface Liberal GllLESHAMMER,Harold, Hon. Minnedosa PC GRAY, Avis Crescentwood Liberal HELWER, Edward R. Gimli PC lllCKES, George Point Douglas NDP KOWALSKI, Gary The Maples Liberal LAMOUREUX,Kevin Inkster Liberal LATHLIN,Oscar ThePas NDP LAURENDEAU,Marcel St. Norbert PC MACKINTOSH, Gord St. Johns NDP MALOWAY,Jim Ehnwood NDP MANNESS, Clayton,Hon. Morris PC MARTINDALE,Doug Burrows NDP McALPINE, Gerry Sturgeon Creek PC McCORMICK,Norma Osborne Liberal - McCRAE,James, Hon. Brandon West PC MciNTOSH,Linda, Hon. Assiniboia PC MITCHELSON,Bonnie, Hon. River East PC ORCHARD, Donald,Hon. Pembina PC PALLISTER,Brian PortageIa Prairie PC PENNER,Jack Emerson PC PLOHMAN,John Dauphin NDP PRAZNIK, Darren, Hon. Lac du Bonnet PC REID, Daryl Transcona NDP REIMER,Jack Niak:wa PC RENDER, Shirley St. Vital PC ROBINSON,Eric Rupertsland NDP ROCAN, Denis,Hon. Gladstone PC ROSE, Bob TurtleMountain PC SANTOS,Conrad Broadway NDP SCHELLENBERG, Harry Rossmere NDP STEFANSON,Eric, Hon. Kirkfield Parle PC STORIE,Jerry FlinFlon NDP SVEINSON,Ben LaVerendrye PC VODREY, Rosemary, Hon. Fort Garry PC WOWCHUK,Ros ann Swan River NDP 1 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON PRIVATE BILLS Tuesday, June 28,1994 TIME-7 p.m. before the detailed consideration of bills. At this point there are no persons registered to speak on LOCATION- Winnipeg, Manitoba Bills 206,300, 301 and302. CHAIRPERSON - Mr. Jack Reimer (Niakwa) Isthere anyonein the audience today who would like to make a presentation to the committee on - ATTENDANCE· 7- QUORUM· 6 any of these bills before the committee? No? Members of the Committeepresent: Seeing none, we will proceed with the detailed Messrs. Evans (Brandon East), Lamoureux, consideration of the bills. Mrs. Laurendeau,McAlpine, Reimer, Render, In what order would the committee like to Mr. Rose consider the bills? Shall we begin with Bill 206? APPEARING: Agreed? Shirley Strutt,Legislative Counsel An Honourable Member: No. MATTERS UNDER DISCUSSION: Mr. Chairperson: Okay, thenwe will go withBill Bill 206-The Coat of Arms, Emblems and 300? The Manitoba Tartan Amendment Act Mrs. Shirley Render (St. Vital): We have one Bill 300-An Act to Amend an Act to person in the audience who is here from the Continue Brandon University Foundation Manitoba HistoricalSociety, so ifthere is no- Bill301-TheMisericordia General Hospital Mr. Chairperson: Okay. They cansit. lncotporation Amendment Act Bill300-An Act to Amend an Act to Bill 302-The Manitoba Historical Society Continue Brandon UniversityFoundadon Incotporation Act Mr. Chairperson: ••• We will then proceed to Bill 300. Prior to hearing opening statements from the Mr. Chairperson: Order please. Will the sponsor and the critics we will hear from legal Standing Committee on Private Bills please come counsel. Bill 300 is what we have under to on:ler. consideration right now. We have before us the following bills to Ms. Shirley Strutt (Legisladve Counsel): Mr. consider: Bill 206, The Coat of Anns, Emblems Chairperson, members of the committee, as and The Manitoba Tartan Amendment Act; Bill required by Rule 108 of the roles of the house, I 300, An Act to Amend an Act to Continue now report thatI have examinedBill 300, An Act Brandon University Foundation; Bill 301, The to Amend an Act to Continue Brandon University Misericordia General Hospital Incorporation Foundation and have not noted any exceptional Amendment Act; Bill 302, The Manitoba powers sought or any other provision of the bill Historical Society lncotporation Act. requiringspecial consideration. For the committee's information, copies of the Mr. Chairperson: Thank you very much. Does bills are available on the table behind me. It is our the sponsor of the bill, Mr. Evans, Brandon East, custom to hear presentations from the public have any opening statements. 2 LEGISLATIVEASSEMBLY OF MANITOBA June 28, 1994 Mr. Leonard Evans (Brandon East): Well, very Is it the will of the committee that I report the briefly,the bill essentially allows the foundationto bill? [agreed] expand its membership, which enables it to be more effective because it is now going to draw Bill301-The MisericordiaGeneral Hospital upon people throughout Canadawho are alumni of IncorporationAmendment Act Brandon University to help out, including some Mr. Chairperson: We will now proceed to Bill important TV personalities, I understand So it is 301. going to assist the foundation in raising funds in Prior to hearing opening statements from the the future, so I would trust there would be sponsor and the critics, we will hear from legal unanimity. counsel. Point of Order Ms. Shirley Strutt (Legislative Counsel): Mr. Mr. Leonard Evans: Just on a point of order, Chairperson, members of the committee, as - there is a motion I have regarding the fees paid required by Rule 108 of the Rules of the House, I This is nonnally moved, so shall I move it at this now report that I have examined Bill 301, The point? Misericordia General Hospital Incorporation Mr. Chairperson: You can proceed with the Amendment Act, and have not noted any motion now. exceptional powers sought or anyother provision of the bill requiring special consideration. ••• Mr. Chairperson: Thank you very much. Does Mr. Leonard Evans: I move that this bill the sponsor of the bill, Mr. Laurendeau, have any recommends that the fees paid with respect to Bill opening statement? 300, An Act to Amend an Act to Continue Mr. Marcel Laurendeau (St. Norbert): No Brandon University Foundation, be refunded less opening statement, Mr.Chairperson. I just move thecost of printing. that the committee recommend that the fees paid Motion agreed to. with respect to Bi11301, TheMisericordia General Mr. Chairperson: Are there any other comments Hospital Incorporation Amendment Act, be fromother committee members? No? refundedless the cost of printing. An Motion agreed to. Honourable Member: No. - Mr. Chairperson: The bill will now be Mr. Chairperson: The bill will now be considered clause by clause. During the considered clause by clause. During the considerationof the bill, theTitle andthe Preamble considerationof the bill, theTitle and thePreamble are postponed until all clauses have been are postponed until all clauses have been consideredin their proper orderby thecommittee. consideredin theirproper order by thecommittee. Clauses 1 to 3 inclusive-pass; Preamble-pass; Clauses 1 to 4 inclusive-pass; Preamble-pass; Title-pass. Bill as amendedbe reported. Title-pass. Bill be reported. AnHonourable Member: Did you say Clause 4? Is it the will of the committee that I report the Mr. Chairperson: I said Clauses 1 to 3- bill? [agreed] AnHonourable Member: -and 4. Bill302-The Manitoba Historical Society Mr. Chairperson: Is there 4? IncorporationAct An Honourable Member: Yes, there are four Mr.Chairperson: We willnow proceedwith Bill clauses. 302. Mr. Chairperson: Oh, pardon me. Shall Clauses Prior to hearing opening statements from the 1, 2, 3 and 4 inclusively pass? The clauses are sponsor and the critics, we will hear from legal accordingly passed Bill be reported. counsel. June 28, 1994 LEGISLATIVE ASSEMBLY OF MANITOBA 3 Ms. Shirley Strutt (Legislative Counsel): Mr. Clauses 1, 2, 3, 4--pass; Clauses 5-11inclusive Chairperson, members of the committee, as -pass. required by Rule 108 of the Rules of the House, I Mr. Leonard Evans (Brandon East): I am very now report that I have examined Bill 302, The supportive of the bill. I just wondered, andI guess Manitoba Historical Society Incorporation Act. I missed the discussion in the second reading, but As the Preamble sets out, this private bill there was just a straight oversight on the part of establishes the corporate status of the Manitoba someone to allow thisto happen that theywere not Historical Society, which was lost with the repeal included in the re-enactedstatutes in 1990. of an act to incorporate the Historical and Mrs. Render: My understanding is that it should Scientific Society of Manitoba. Section 10 of the have been re-enacted in English and French, and bill validates the corporate decision making of the thesociety was given to understand that it was not Manitoba Historical Society during the period necessaryto do it, so it felt that it could continue its when it was without corporate status. Whilethis is existence without its essentially legal status an unusual situation, the corporation is not seeking because it was filing everything with the any exceptional powers, and the saving provision corporations-it was just felt that it was not in Section 10 preserves the rights of third parties necessary. As I say it had received, I think, and validates only decisions otherwise lawfully perhaps, incorrect advice. made. • (1910) Mr. Chairperson: Thank you. Does the sponsor Ms. Strutt: I think there was a slight of the bill, Mrs. Render, have any opening misunderstanding withthe society, andthey made statement? an assumption that they had continued under The Mrs. Shirley Render (St. Vital): Well, I am very Corporations Act and were appropriately carrying pleased to act as sponsor to this bill.