First Session - Fortieth Legislature of the Legislative Assembly of Manitoba Standing Committee on Human Resources Chairperson Mr. Rob Altemeyer Constituency of Wolseley Vol. LXIV No. 1 - 6 p.m., Monday, June 4, 2012 ISSN 1708-6655 MANITOBA LEGISLATIVE ASSEMBLY Fortieth Legislature Member Constituency Political Affiliation ALLAN, Nancy, Hon. St. Vital NDP ALLUM, James Fort Garry-Riverview NDP ALTEMEYER, Rob Wolseley NDP ASHTON, Steve, Hon. Thompson NDP BJORNSON, Peter, Hon. Gimli NDP BLADY, Sharon Kirkfield Park NDP BRAUN, Erna Rossmere NDP BRIESE, Stuart Agassiz PC CALDWELL, Drew Brandon East NDP CHIEF, Kevin, Hon. Point Douglas NDP CHOMIAK, Dave, Hon. Kildonan NDP CROTHERS, Deanne St. James NDP CULLEN, Cliff Spruce Woods PC DEWAR, Gregory Selkirk NDP DRIEDGER, Myrna Charleswood PC EICHLER, Ralph Lakeside PC EWASKO, Wayne Lac du Bonnet PC FRIESEN, Cameron Morden-Winkler PC GAUDREAU, Dave St. Norbert NDP GERRARD, Jon, Hon. River Heights Liberal GOERTZEN, Kelvin Steinbach PC GRAYDON, Cliff Emerson PC HELWER, Reg Brandon West PC HOWARD, Jennifer, Hon. Fort Rouge NDP IRVIN-ROSS, Kerri, Hon. Fort Richmond NDP JHA, Bidhu Radisson NDP KOSTYSHYN, Ron, Hon. Swan River NDP LEMIEUX, Ron, Hon. Dawson Trail NDP MACKINTOSH, Gord, Hon. St. Johns NDP MAGUIRE, Larry Arthur-Virden PC MALOWAY, Jim Elmwood NDP MARCELINO, Flor, Hon. Logan NDP MARCELINO, Ted Tyndall Park NDP McFADYEN, Hugh Fort Whyte PC MELNICK, Christine, Hon. Riel NDP MITCHELSON, Bonnie River East PC NEVAKSHONOFF, Tom Interlake NDP OSWALD, Theresa, Hon. Seine River NDP PEDERSEN, Blaine Midland PC PETTERSEN, Clarence Flin Flon NDP REID, Daryl, Hon. Transcona NDP ROBINSON, Eric, Hon. Kewatinook NDP RONDEAU, Jim, Hon. Assiniboia NDP ROWAT, Leanne Riding Mountain PC SARAN, Mohinder The Maples NDP SCHULER, Ron St. Paul PC SELBY, Erin, Hon. Southdale NDP SELINGER, Greg, Hon. St. Boniface NDP SMOOK, Dennis La Verendrye PC STEFANSON, Heather Tuxedo PC STRUTHERS, Stan, Hon. Dauphin NDP SWAN, Andrew, Hon. Minto NDP TAILLIEU, Mavis Morris PC WHITEHEAD, Frank The Pas NDP WIEBE, Matt Concordia NDP WIGHT, Melanie Burrows NDP WISHART, Ian Portage la Prairie PC 1 LEGISLATIVE ASSEMBLY OF MANITOBA THE STANDING COMMITTEE ON HUMAN RESOURCES Monday, June 4, 2012 TIME – 6 p.m. MATTERS UNDER CONSIDERATION: LOCATION – Winnipeg, Manitoba Bill 4–The Missing Persons Act CHAIRPERSON – Mr. Rob Altemeyer (Wolseley) Bill 9–The Public Schools Amendment Act (Community Use of Schools) VICE-CHAIRPERSON – Mr. Dave Gaudreau (St. Norbert) Bill 11–The Criminal Property Forfeiture Amendment Act (Administrative Forfeiture and ATTENDANCE – 11 QUORUM – 6 Miscellaneous Amendments) Members of the Committee present: Bill 14–The Protection for Persons in Care Hon. Mses. Allan, Oswald, Hon. Mr. Swan Amendment Act Mr. Altemeyer, Ms. Crothers, Messrs. Cullen, Bill 15–The Fortified Buildings Amendment Act Friesen, Gaudreau, Goertzen, Saran, Mrs. Bill 19–The Use of Animals to Shield Unlawful Taillieu Activities Act APPEARING: Bill 22–The Highway Traffic Amendment Act Hon. Jon Gerrard, MLA for River Heights (Extension of Ignition-Interlock Program) Hon. Jennifer Howard, MLA for Fort Rouge Bill 30–The Regulated Health Professions Amendment and Personal Health Information PUBLIC PRESENTERS: Amendment Act Bill 30–The Regulated Health Professions Bill 36–The Human Rights Code Amendment Act Amendment and Personal Health Information Amendment Act * * * William Pope, College of Physicians and Clerk Assistant (Ms. Monique Grenier): Good Surgeons of Manitoba evening. Will the Standing Committee on Human Resources please come to order. Bill 36–The Human Rights Code Amendment Act Before the committee can proceed with the Ken Mandzuik, Manitoba Bar Association business before it, it must elect a new Chairperson. Albert McLeod, Two-Spirited People of Are there any nominations for this position? Manitoba Inc. Hon. Andrew Swan (Minister of Justice and Ro Mills, private citizen Attorney General): I nominate Mr. Altemeyer as Chair. Kim Hunter, Institute for Women's and Gender Studies at the University of Winnipeg Clerk Assistant: Mr. Altemeyer has been nominated. Are there any other nominations? Roewan Crowe and Jarvis Brownlie, private citizens Hearing no other nominations, Mr. Altemeyer, will you please take the Chair. Jodie Layne, Hollaback! Winnipeg Mr. Chairperson: Thank you all for that WRITTEN SUBMISSIONS: overwhelming show of support. Bill 9–The Public Schools Amendment Act Our next item of business is the election of a (Community Use of Schools) Vice-Chairperson. Are there any nominations? Doug Dobrowolski, Association of Manitoba Mr. Swan: I'd like to nominate Mr. Gaudreau as Municipalities Vice-Chair. 2 LEGISLATIVE ASSEMBLY OF MANITOBA June 4, 2012 Mr. Chairperson: Mr. Gaudreau has been do that here. Please ask the staff at the front of the nominated. Are there any other nominations? room again. Hearing and seeing no other nominations, As well, I'd like to inform all presenters that in Honourable Mr. Gaudreau is elected Vice- accordance with our rules, a time limit of 10 minutes Chairperson. has been allotted for presentations. So every person who presents has up to 10 minutes and with up to an Now, this meeting has been called to consider additional five minutes afterwards allowed for the following bills, and I get to read them all out, so questions from the committee members. bear with me: Bill 4, The Missing Persons Act; Bill 9, The Public Schools Amendment Act (Community Also, in accordance with our rules, if a presenter Use of Schools); Bill 11, The Criminal Property is not in attendance when their name is called they Forfeiture Amendment Act (Administrative will be dropped to the bottom of the list, and if the Forfeiture and Miscellaneous Amendments); Bill 14, presenter is not in attendance when their name is The Protection for Persons in Care Amendment Act; called a second time they will be removed from the Bill 15, The Fortified Buildings Amendment Act; presenters' list. Bill 19, The Use of Animals to Shield Unlawful We do have one written submission already. A Activities Act; Bill 22, The Highway Traffic written submission, I can inform the committee, has Amendment Act (Extension of Ignition-Interlock been provided by Mr. Doug Dobrowolski from the Program); Bill 30, The Regulated Health Professions Association of Manitoba Municipalities on Bill 9 and Amendment and Personal Health Information that has been received and distributed to committee Amendment Act; and Bill 36, The Human Rights members. You should see that in your package of Code Amendment Act. information in front of you. Quick question for the committee. How long do you wish to sit this evening? Is it the will of the committee to have this submission appear in the Hansard 'trabscit'– Mrs. Mavis Taillieu (Morris): I suggest we sit until transcript, sorry–for this evening? [Agreed] we've finished the work of the committee and heard all the presenters. Thank you very much, members of the committee. Mr. Chairperson: It's been suggested we sit until the work is completed. Is that acceptable to the Speaking in committee, prior to proceeding with committee? [Agreed] Thank you very much. the public presentations, I'd like to advise members We have a number of presenters registered to of the public regarding the process for speaking in speak tonight on all of the different bills I just committee. The proceedings of our meetings are mentioned and as noted on the list of presenters recorded in order to provide a verbatim transcript. before you. Each time someone wishes to speak, whether they are an MLA or a presenter, I first have to say the Now, for the benefit of the members of the person's name and this is the signal for the public who are with us here tonight, I'm just going to marvellous folks sitting behind me who are in charge read through the process that we're going to use and of Hansard to know which microphone to activate. the procedures involved. So it sounds a little bit odd, but if you can wait for Before we proceed with presentations, there's a me to have a chance to recognize you before you number of items and points of information to start so we can capture your full presentation for the consider. First of all, if there's anyone else in the historical archives of the province. audience who would like to make a presentation this That, I think, unless there's any questions, evening, please register with staff at the entrance to concludes the initial outline for our work here the room, the very short gentleman who just sat tonight. I am quickly scanning to see–our normal down there in the big table by the front. practice, I can also mention, is for out-of-town Also, for the information of all presenters, while presenters to present first, or anyone requiring written versions of presentations are not required, if French translation. I don't see any noted on the list in you are going to accompany your presentation with front of me, but is there anyone here from out of written materials, we ask that you provide 20 copies, town or requiring French translation? Okay, seeing and if you need help with the photocopying we can none. June 4, 2012 LEGISLATIVE ASSEMBLY OF MANITOBA 3 Bill 30–The Regulated Health Professions The council is concerned that physicians may Amendment and Personal Health Information see the college to be the custodian of all patient Amendment Act records and, therefore, might shirk their own responsibilities to continue to look after their records Mr. Chairperson: Then we will proceed with Dr. upon leaving practice in Manitoba. And any William Pope, speaking on behalf of the College of physician who becomes the custodian of abandoned Physicians and Surgeons of Manitoba. And I should records and lab specimens would, in the college's mention this is in regards to Bill 30, so I'll ask the opinion, have an ethical responsibility to ensure honourable Minister of Health (Ms.