Third Session - Thirty-Seventh Legislature of the Legislative Assembly of Manitoba Standing Committee on Law Amendments Chairperson Mr. Doug Martindale Constituency of Burrows Vol. LII No. 13 - 7 p.m., Thursday, August 8, 2002 ISSN 0713-9543 'MANITOBA LEGISLATIVE ASSEMBLY Thirty-Seventh Legislature Member Constituency Political Affiliation AGLUGUB, Cris The Maples N.D.P. ALLAN, Nancy St. Vital N.D.P. ASHTON, Steve, Hon. Thompson N.D.P. ASPER, Linda Riel N.D.P. BARRETT, Becky, Hon. Inkster N.D.P. CALDWELL, Drew, Hon. Brandon East N.D.P. CERILLI, Marianne Radisson N.D.P. CHOMIAK, Dave, Hon. Kildonan N.D.P. CUMMINGS, Glen Ste. Rose P.C. DACQUA Y, Louise Seine River P.C. DERKACH, Leonard Russell P.C. DEWAR, Gregory Selkirk N.D.P. DOER, Gary, Hon. Concordia N.D.P. DRIEDGER, Myrna Charles wood P.C. DYCK, Peter Pembina P.C. ENNS, Harry Lakeside P.C. FAURSCHOU, David Portage Ia Prairie P.C. FRIESEN, Jean, Hon. Wolseley N.D.P. GERRARD, Jon, Hon. River Heights Lib. GILLESHAMMER, Harold Minnedosa P.C. HAWRANIK, Gerald Lac du Bonnet P.C. HELWER, Edward Gimli P.C. HICKES, George Point Douglas N.D.P. JENNISSEN, Gerard Flin Flon N.D.P. KORZENIOWSKI, Bonnie St. James N.D.P. - LATHLIN, Oscar, Hon. The Pas N.D.P. LAURENDEAU, Marcel St. Norbert P.C. LEMIEUX, Ron, Hon. La Verendrye N.D.P. LOEWEN, John Fort Whyte P.C. MACKINTOSH, Gord, Hon. St. Johns N.D.P. MAGUIRE, Larry Arthur-Virden P.C. MALOWAY,Jim Elmwood N.D.P. MARTINDALE, Doug Burrows N.D.P. McGIFFORD, Diane, Hon. Lord Roberts N.D.P. MIHYCHUK, MaryAnn, Hon. Minto N.D.P. MITCHELSON, Bonnie River East P.C. MURRAY, Stuart Kirkfield Park P.C. NEVAKSHONOFF, Tom Interlake N.D.P. PENNER, Jack Emerson P.C. PENNER, Jim Steinbach P.C. PITURA, Frank Morris P.C. REID, Daryl Transcona N.D.P. REIMER, Jack Southdale P.C. ROBINSON, Eric, Hon. Rupertsland N.D.P. ROCAN, Denis Carman P.C. RONDEAU, Jim Assiniboia N.D.P. SALE, Tim, Hon. Fort Rouge N.D.P. SANTOS, Conrad Wellington N.D.P. SCHELLENBERG, Harry Rossm ere N.D.P. P.C. SCHULER, Ron Springfield SELINGER, Greg, Hon. St. Boniface N.D.P. P.C. SMITH, Joy Fort Garry SMITH, Scott, Hon. Brandon West N.D.P. STEFANSON, Heather Tuxedo P.C. N.D.P. STRUTHERS, Stan Dauphin-Roblin P.C. TWEED, Mervin Turtle Mountain N.D.P. WOWCHUK, Rosann, Hon. Swan River 521 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON LAW AMENDMENTS Thursday, August 8, 2002 TIME-7 p.m. Mr. David Rubenfeld, Private Citizen Ms. Pauline Harder, 7-1 1 Stores LOCATION-Winnipeg, Manitoba Mr. Luc Martial, NACDA, National Con­ venient Store Distributors Association CHAIRPERSON-Mr. Doug Martindale Mr. Ron Fulton, Private Citizen (Burrows) Mr. Jim Waters, CACDS, Canadian As­ sociation of Chain Drug Stores VICE-CHAIRPERSON- Ms. Marianne Ms. Cynthia Callard, Physicians for a Cerilli (Radisson) Smoke Free Canada Mr. Don Toyne, MACS Convenience Stores ATTENDANCE - 11 -QUORUM- 6 Ms. Lynn Greaves, Saskatchewan Coalition for Tobacco Reduction Members of the Committee present: Ms. Shelly Wiseman, Canadian Federation Hon. Messrs.. Chomiak, Lathlin, Hon. Ms. of Independent Business Mihychuk, Hon. Mr. Sale Ms. Liz Ostiguay, Canadian CancerSociety Mr. Jaroslaw Barwinsky, Manitoba Medical Ms. Cerilli, Mr. Cummings, Mrs. Driedger, Association, Professor Emeritus, Depart­ Messrs. Enns, Jennissen, Martindale, Penner ment of Surgery, Cardiac Surgery, Uni­ (Steinbach) versity of Manitoba Ms. Teresita Tena, Garven Convenience APPEARING: Store Hon. Mr. Gerrard, MLA for River Heights Ms. Arlene Draffm Jones, Manitoba Lung Mr. Jack Penner, MLA for Emerson Association Mr. Denis Rocan, MLA for Carmen Mr. Kenneth Emberley, Private Citizen Ms. Margaret Bernhardt Lowdon, Heart and Stroke Foundation WITNESSES: Mr. Fred Meinzer, Logan Gas and Car Wash Mr. Garey Mazowita, Winnipeg Regional Bill 31-The Medical Amendment (Physician Health Authority and the College of Family Profiles and Miscellaneous Amendments) Physicians of Manitoba Act Mr. Murray Gibson, MANTRA, Manitoba Tobacco Reduction Alliance Ms. Laurie Potovsky-Beachell, Coalition for Mr. David Scott, Private Citizen Access to Physician Profiles Mr. Gordon Anderson, Private Citizen Ms. Christine Mirus, Private Citizen Mr. Bill Pope, College of Physicians and WRITTEN SUBMISSIONS: Surgeons Bill 31-The Medical Amendment (Physician Bill 37-The Non-Smokers Health Protection Profiles and Miscellaneous Amendments) Amendment Act Act Mr. George Ackerman, Private Citizen Ms. Gloria D'Sorcy, Consumers Association Mr. Gerald and Mrs. Barbara St. Laurent, of Canada, Manitoba Chapter Private Citizens Mr. Aaron Yanofsky, Vice-President, Bill 37-The Non-Smokers Health Protection Manitoba Youth for Clean Air Amendment Act 522 LEGISLATNE ASSEMBLY OF MANITOBA August 8, 2002 Ms. Catherine S. King, Dugald Convenience Is it the will of the committee to hear public - Store Ltd. presentations on the bills and, if yes, in what Ms. Ida Miller, Northside Market Con­ order do you wish to hear the presenters? venience Store Mr. Howard Maslove, Dominion News and Hon. MaryAnn Mihychuk (Minister of Gifts Industry, Trade and Mines): Madam Ms. and Mrs. Jerry Medina, Valour Con­ Chairperson, I would suggest that the committee venience Store sit until we complete all public hearings, that we Mr. Maurice Gingues, Canadian Council for set a time limit of 10 minutes for presentations Tobacco Control and 5 minutes for questions and answers, and Mr. Hans Bhangu, Pal's Supermarket that our normal procedure for taking out-of-town Ms. Glennys Fairbairn, Fairbairns Foods guests be slightly amended for personal con­ Dr. William Libich, Private Citizen siderations and that Aaron Yanofsky, George Mr. Bruce Thompson, Chair, Alliance fo r Ackerman and Barbara St. Laurent present first the Prevention of Chronic Diseases fo r personal reasons of health and age. Then we go to out-of-town guests or what is considered MATTERS UNDER DISCUSSION: normal procedure. Bill 31-The Medical Amendment (Physician Madam Vice-Chairperson: Okay, I will deal Profiles and Miscellaneous Amendments) with each of those issues, one at a time. We are Bill 36-The Drinking Water Safety Act going to hear all the presentations for all the bills Bill 37-The Non-Smokers Health Protection first. We are going to have the presenters' time Amendment Act allotment be 10 minutes for presentation and 5 minutes for questions. We are going to have *** three presenters move up the order, who are speaking on Bill 3 7, because of health con­ - Madam Vice-Chairperson: Will the Standing sideration. We are going to, after hearing those Committee on Law Amendments please come to three presenters, hear the French presenters and order? I know it is very warm in here tonight and then hear all the out-of-town presenters for the hopefully we can proceed as orderly and ex­ bills. Is that an agreement? [A greed} peditiously as possible. I will now read through the list of presenters This evening the committee will be in the order that they will be presenting, starting considering the fo llowing bills: Bill 31, The with the three individuals who have been moved Medical Amendment (Physician Profiles and to the top of the list due to health reasons, and Miscellaneous Amendments); Bill 36, The then following with the out-of-town presenters. Drinking Water Safety Act; Bill 37, The Non­ We will hear from George Ackerman, Barbara Smokers Health Protection Amendment Act. St. Laurent, Aaron Yanofsky. Then the out of town presenters will be, on Bill 31-excuse me­ We have presenters who have registered to Following that will be the French presentation make public presentations on all three bills: 31, by Fern and Ginette Piche. Then on Bill 31, 36 and 37. It is the custom to hear public Laurie Potovsky-Beachell, Pauline Harder, Luc presentations before consideration of bills. Martial, Bryan Walton, Jim Waters, Ida Miller, Could I ask those persons in attendance who are Cynthia Callard and Neil Collishaw, Joe speaking in French please to make themselves Brunner, AI Suggitt and Lynn Greaves. known to the clerk, either at the front here or at the table at the back preferably, of the committee I will now read the list of the remaining if you have not already done so. I would also ask presenters who are from the city of Winnipeg, people speaking in French to be conscious that starting with Bill 31. Lissa Donner, Bill Pope, we have translators and we would request that Christine and Tom Mirus. you speak more slowly than usual to accom­ modate translation services. Bill 36, Paul Moist. August 8, 2002 LEGISLATNE ASSEMBLY OF MANITOBA 523 Bill 37, Shelly Wiseman, Noel Bernier, Liz Mr. George Ackerman (Private Citizen): Ostiguay, Jaroslaw Barwinsky, Teresita Tena, Madam Chairperson and the committee. My John Tropak, Arlene Draffen Jones, Jerry name is George Ackerman and I am a Medina, Jeff Kendel, Young Park, Sanjiv laryngectomy. I was laryngectomized in 1984 Kaushal, Margaret Bernhardt-Lowdon, Fred and am one of the very fortunate ones. I am also Meinzer, Hans Bhangu, Myron Sleeva, Bruce the past president of the International As­ Thompson, Dr. Garey Mazowita, Murray socmtton of Laryngectomies. There are Gibson, David Scott, Shannon Pidlubny, David approximately 53 000 laryngectomies in North Rubenfeld, Sharon Boonov, Kenneth Emberley America, 93 percent of these people smoke and and Sanjiv Kaushal. they all started at a very young age. If I have not read your name, and you wish We have an extremely valuable commodity to make a presentation, you can register with the within our country and in our province and that clerk's table at the back of the room. is our youth. We must do everything in our power to get to these people, not to subject them How does the committee wish to proceed in to the trials and strains that I went through as a dealing with presenters who are not in laryngectomy.