Fourth Session - Thirty-Sixth Legislature of the Legislative Assembly of Manitoba Standing Committee on Law Amendments Chairperson Mr. Jack Penner Constituency of Emerson Vol. XLVIII No.4- 3 p.m., Tuesday, June 16, 1998 ISSN 0713-9586 - MANITOBA LEGISLATIVE ASSEMBLY Thirty-Sixth Legislature Member Constituency Political Affiliation 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. Rob lin-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. DRIEDGER,Myrna Charleswood P.C. DYCK,Peter Pembina P.C. ENNS, Harry,Hon. Lakeside P.C. EVANS,Ciif Interlake N.D.P. EVANS, Leonard S. Brandon East N.D.P. FAURSCHOU, David Portage Ia Prairie P.C. 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. HELWER,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. ' LA THLIN,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. McGJFFORD,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,lion. Rossmere P.C. TWEED,Mervin Turtle Mountain P.C. � VODREY,Rosemary, Hon. Fort Garry P.C. WOWCHUK, Rosann Swan River N.D.P. " 53 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON LAW AMENDMENTS Tuesday, June 16, 1998 TIME-3 p.m. the following bills: Bill 19, The Public Trustee Amendment and Consequential Amendments Act; Bill LOCATION- Winnipeg, Manitoba 22, The Veterinary Services Amendment Act; Bill 24, The Crop Insurance Amendment Act; Bill 37, The CHAIRPERSON- Mr. Jack Penner (Emerson) Farm Machinery and Equipment and Consequential Amendments Act; Bill 41, The Life Leases and VICE-CHAIRPERSON Mr. Peter Dyck Consequential Amendments Act; and Bill 44, The (Pembina) Statute Law Amendment Act, 1998. ATTENDANCE- 11- QUORUM - 6 Previously, the committee had met on Thursday, June II, 1998, at I 0 a.m. to hear public presentations, and at Members ofthe Committee present: the end of the meeting, the committee agreed to proceed to clause-by-clause consideration at the next Hon. Messrs. Enns, Radcliffe, Toews meeting of the committee, and that is what we are currently doing. Which order did we want to do the Ms. Cerilli, Mrs. Driedger, Messrs. Dyck, Helwer, bills? It has been recommended that we do Public Martindale, Penner, Struthers, Ms. Wowchuk Trustee and Statute Law first. Can we agree to that? APPEARING: An Honourable Member: I agree to that. Mr. Gord Mackintosh, MLA for St. Johns Ms. Rosano Wowchuk (Swan River): Mr. Chairperson, given that our Justice critic is not here, MATTERS UNDER DISCUSSION: would it be possible that we move to the Agriculture bills first? I see the Minister of Justice (Mr. Toews) Bill 22-The Veterinary Services Amendment Act does not agree with that, but if we- Bill 24-The Crop Insurance Amendment Act Hon. Vic Toews (Minister of Justice and Attorney Bill 37-The Farm Machinery and Equipment and General): Well, I am not going to give you a hard Consequential Amendments Act time. Bill 19-The Public Trustee Amendment and Consequential Amendments Act Mr. Chairperson: What is the will of the committee? Bill 44-The Statute Law Amendment Act, 1998 Do you want to move to Agriculture first? Bill 41-The Life Leases and Consequential Amendments Act Mr. Toews: It does not matter to me. *** Mr. Chairperson: The minister is here. I mean, instead of sitting here waiting, we might as well do that. Mr. Chairperson: Will the Standing Committee on Agreed? [agreed] Then we will move to the Agriculture Law Amendments please come to order. ones first. Mr. Minister, will you come forward. Today the Standing Committee on Law Amendments Can we reach agreement also that we can do the will be conducting clause-by-clause consideration of clauses on a block-by-block basis? [agreed] 54 LEGISLATIVE ASSEMBLY OF MANITOBA June 16, 1998 Is there agreement that we can pass all the clauses in the preamble will be set aside until clause-by-clause both languages and amendments, as well, if there are consideration. Minister, do you have an opening state­ any? [agreed] Thank you. ment? Bill 22-The Veterinary Services Hon. Harry Enos (Minister of Agriculture): No, Mr. Amendment Act Chairman, other than that the general manager of Manitoba Crop Insurance Corporation will be in Mr. Chairperson: We are going to then proceed with attendance later on in the committee, but, again, I do Bill 22, The Veterinary Services Amendment Act, if not think that there are matters of controversy involved that is agreeable. As normal, we will set aside the title in the bill. It was my intention to have him present. and the preamble until the last, and we will deal with the clauses first. I have found over the yearsthat to the extent possible where we can have senior staff available for committee Clauses I and 2-by the way, does the minister have members' questions, it helps clarify any interpretations a statement? or misunderstandings they may have of the amend­ ments being proposed. But we have had a reasonably Hon. Harry Enos (Minister of Agriculture): Mr. good discussion on this issue both in the House and in Chairman, I simply want to indicate that I have with me my Estimates, I remind the honourable member for the director of the Veterinary Services Branch, Dr. Jim Swan River (Ms. Wowchuk), and I recommend these Neufeld, and my two other senior managers, Assistant amendments to the committee, Mr. Chair. Deputy Minister Dave Donaghy and Deputy Minister Don Zasada. If there are questions that honourable Mr. Chairperson: Thank you, Mr. Minister. Would - members of the committee have, I would welcome the the honourable critic have an opening statement? opportunity of having these officials present to make any questions that they may feel they want to direct. Ms. Rosano Wowchuk (Swan River): Just briefly, Mr. Chairman, there is one section of the bill that we Mr. Chairperson: Thank you, Minister. Would the have had some discussion about, and that is the opposition critic have an opening statement? intention of the government to move toward reinsurance in the private sector versus having Ms. Rosano Wowchuk (Swan River): On this reinsurance through the provincial or federal particular bill, no. We are prepared to-1 am sorry, I did government. not quite hear the minister. Was he saying that we are dealing with the Vet Services bill right now? No That causes us some concern. I had hoped that we comments on it from us. would be able to discuss this with the minister's staff. However, it is through our moving of the bills to the Mr. Chairperson: Thank you, Ms. Wowchuk. We beginning of the order rather than the end that the will then proceed to clause-by-clause consideration, as minister's staff is not here, so we will accept that. indicated. Perhaps when the manager of the Crop Insurance Board is here, we will have a chance to discuss that. Clauses 1 and 2-pass; Clauses 3 to 4( 2)-pass; Clause 5-pass; Clauses 6 and 7-pass; preamble-pass; title­ But I really question the reason for moving into this pass. Bill be reported. type of insurance when it is not necessary, when I understand we have a five-year agreement with the * (1510) federal governmenton this, and I have raised the issue with the minister previously. Bill 24-The Crop Insurance Amendment Act Mr. Enos: Mr. Chairman, I just want to for the record Mr. Chairperson: Bill 24, The Crop Insurance indicate that the issue that the honourable member Amendment Act, and the same wil l apply. The title and raises was discussed. At the time, I had Mr. Neil June 16, 1998 LEGISLATIVE ASSEMBLY OF MANITOBA 55 Hamilton in the Chamber with me during the course of Biii3 7-The Farm Machinery and Equipment the debates on the Estimates of the Department of and Consequential Amendments Act Agriculture and Manitoba Crop Insurance, in particular. Mr. Hamilton gave me the very firm assurance that the Mr. Chairperson: Bill 37, The Farm Machinery and Manitoba Crop Insurance Corporation has no intention Equipment and Consequential Amendments Act. of availing itself of this capacity; that is, to seeking out Again, the title and preamble will be set aside, and the private insurance at this time. It is there as a prudent table of contents will also be one of the last safeguard, in my judgment, in the event that Ottawa considerations.