Thursday, May 14, 1998
The House met at 10 a.m.
This school is located in the constituency of the honourable member for Inkster (Mr. Lamoureux). On behalf of all honourable members, I welcome you this morning.
Hon. James McCrae (Government House Leader): Madam Speaker, a couple of housekeeping matters. It had been the intention this morning to proceed with Introduction of Bills, including Bills 56 and 57, which appear on today's Notice Paper. That would have had to happen with the leave of the House, but we have not yet received the recommendation, and we will be proceeding with that early next week.
I would like to obtain the unanimous consent of the House to vary the sequence for consideration of Estimates as outlined in sessional paper No. 12 tabled on March 24, 1998, and subsequently amended by setting aside, on completion of the Estimates of the Department of Industry, Trade and Tourism, the Estimates of the Department of Health, to consider the Estimates of Status of Women followed by those of the Department of Culture, Heritage and Citizenship. This change is to apply until further notice.
We hope this morning to deal with bills as listed on page 5, however, firstly, with the leave of the House, to deal with Bills 54 and 55, standing in the name of honourable Minister of Labour (Mr. Gilleshammer), followed then by Bills 35, 45, 46 and 53, after which we would move a motion to move into consideration of the Estimates.
Madam Speaker: I will acquire the unanimous consent first, and then, regrettably, I am going to have to ask the minister to complete the order for the second readings.
Is there unanimous consent of the House to vary the sequence for consideration of Estimates as outlined in sessional paper No. 142 tabled on March 24, 1998, and subsequently amended by setting aside, on completion of the Estimates of the Department of Industry, Trade and Tourism, the Estimates of the Department of Health, to consider the Estimates of the Status of Women followed by those of the Department of Culture, Heritage and Citizenship? This change to apply until further notice. [agreed]
With the minister's indulgence, if he could quickly repeat that order?
Mr. McCrae: Madam Speaker, I apologize for providing too much information too quickly. With the leave of the House, the honourable Minister of Labour (Mr. Gilleshammer) would like to proceed with introduction at second reading of Bills 54 and 55, followed by introduction for second reading of Bills 35, 45, 46 and 53. At that point we would move a motion to go into Estimates.
Madam Speaker: Is there leave of the House for the honourable Minister of Labour (Mr. Gilleshammer) to proceed with second reading of Bill 54? [agreed]
Hon. Harold Gilleshammer (Minister of Labour): Madam Speaker, by leave, I move, seconded by the honourable Minister of Education (Mrs. McIntosh), that Bill 54, The Engineering and Geoscientific Professions and Consequential Amendments Act (Loi sur les ingénieurs et les géoscientifiques et modifications corrélatives), be now read a second time and be referred to a committee of the House.
Motion presented.
Mr. Gilleshammer: Madam Speaker, the Association of Professional Engineers of Manitoba has proposed this bill that will replace the existing Engineering Profession Act with The Engineering and Geoscientific Professions Act.
After several years of co-operation and joint discussions between the Association of Professional Engineers and various other professional groups, new legislation is now being introduced. A number of other provinces have introduced, over the past few years, revised legislation respecting this profession.
The new act makes improvements in the area of public protection, compulsory professional development, greater quality assurance, and updated definitions. A notable development is the establishment of two joint boards between the Professional Engineering Association and the Manitoba Association of Architects, and the Certified Technicians and Technologists Association of Manitoba. The mechanisms provide a new forum to deal with interassociation issues in a proactive manner.
The existing engineering act applies only to professional engineers. The new act would also apply to geoscientists and will establish rules of practice, codes of ethics and disciplinary measures for geoscience activities. A recent survey confirmed that a majority of geoscientists in Manitoba are in favour of them having their profession registered under the proposed legislation.
The legislation will adopt a new definition of the practice of professional engineering endorsed by the Canadian Council of Engineers and based on the principles of engineering.
On the matter of the definition, there has been much discussion between the Association of Professional Engineers and the Manitoba Association of Architects. The engineers have assured the architects that the new definition is the most appropriate, one both for the public of Manitoba and in the interest of architects. The president of the engineering association, in a letter dated May 12, 1997, indicated to the architects that the engineers do not see it leading to the potential unlimited inclusion of all aspects of buildings. On the contrary, the engineers association believes it to be more restrictive of the practice of professional engineering with respect to the practice of architecture than the one in the current act.
The bill will provide for the issuing of a certificate of authorization to allow for a group practice of engineers or geoscientists who form a partnership or corporation. The authorization will provide that a specified individual will be responsible for the work or actions of all persons in the firm. These groups will be required to carry professional liability insurance.
The discipline procedure would be strengthened under the act allowing the association to bring proceedings against former members, those who might resign membership to avoid such an action. A registration committee will be created to deal specifically with applications for certificates and licences.
In summary, the new legislation provides the following benefits: the legislation will consolidate the regulation of engineering and geoscience practices, placing jurisdictional issues under a single association. Rules of practice, codes of ethics and disciplinary measures will be created for geoscience activities. There will be more effective monitoring and accountability of practice of engineering or geoscience incorporations.
The act will allow the association respecting engineers and geoscientists to make professional development compulsory and monitor quality assurance. The new definition of engineering would more readily take into account technological advances. The legislation will reinforce common standards with national bodies and thereby increase mobility in Canada and North America. The concept of the engineering team of professional engineers and appliance science technologists will be recognized.
I commend Bill 54 to this Assembly for consideration.
Madam Speaker: Is the House ready for the question?
Mr. Kevin Lamoureux (Inkster): Madam Speaker, I would move, seconded by the member for Thompson (Mr. Ashton), that debate be adjourned.
Motion agreed to.
Madam Speaker: Is there leave for the honourable Minister of Labour to give second reading to Bill 55? [agreed]
Hon. Harold Gilleshammer (Minister of Labour): Madam Speaker, by leave, I move, seconded by the honourable Attorney General (Mr. Toews), that Bill 55, The Certified Applied Science Technologists Act (Loi sur les technologues agréés des sciences appliquées), be now read a second time and be referred to a committee of this House.
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Motion presented.
Mr. Gilleshammer: Madam Speaker, this legislation has been proposed by the Certified Technicians and Technologists Association of Manitoba. The proposed act is complementary to The proposed Engineering and Geoscientific Professions and Consequential Amendments Act, Bill 54, which provides for a joint board to resolve jurisdictional concerns between the technologists, technicians and professional engineers.
The act will enable the Certified Technicians and Technologists Association of Manitoba to regulate and govern the use of the words, Certified Engineering Technologist or Technician and Certified Applied and Science Technologists or Technician as an occupational designation. The act will recognize the right of the association to exclusive use of the titles of the occupation but will not give the association the power to license persons who do similar work.
Provisions will provide for a system of certification of members of the association and allow the association to set criteria respecting membership in the association. The act will provide for a process of dealing with complaints respecting a member's competence or where a member does not comply with the association's code of ethics. The proposed act will allow the association to make by-laws governing and regulating the admission, discipline and removal of members, developing, establishing, maintaining standards for the education programs leading to certification and rules of ethics or conduct. The bill expressly clarifies that the use of the title Certified Architectural Technologist by a person who is a member of the Architectural Building and Technologist Association of Manitoba Incorporated, is not subject to the act.
In summary, the bill will enable the association to set standards of competence for persons using the titles of the occupation of applied science technology. The act will also assist in resolving concerns between professional engineers and technologists and recognizes the concept of an engineering team in Manitoba.
I commend Bill 55 to this Assembly for consideration. Thank you, Madam Speaker.
Mr. Leonard Evans (Brandon East): I move, seconded by the member for Crescentwood (Mr. Sale), that debate be adjourned.
Motion agreed to.
Hon. James McCrae (Government House Leader): Would you be so kind next as to call Bill 46.
Hon. Vic Toews (Minister of Justice and Attorney General): Madam Speaker, I move, seconded by the Minister of Education and Training (Mrs. McIntosh), that Bill 46, The Correctional Services Act (Loi sur les services correctionnels), be now read a second time and be referred to a committee of this House.
Motion presented.
Mr. Toews: The government of Manitoba has tabled a new Correctional Services Act to replace the current corrections act and related regulations. The new act will provide direction and authority for the administration of community and custodial services for both adult and young offenders in the province of Manitoba. Wherever possible the new act provides for administrative detail to be included in regulations so these can be changed as necessary without having to amend the act.
The current act is over 30 years old and does not provide the legislative base that is needed to adequately deal with the current issues in Corrections. It was passed in 1966 and has remained largely unchanged to date with the exception of a few amendments. It predates and requires harmonization with the Canadian Charter of Rights and Freedoms, the Young Offenders Act, the Corrections and Conditional Release Act , as well as recent amendments to the Criminal Code respecting sentencing and changes to the Prisons and Reformatories Act regarding temporary absences.
I wish to point out that the name of the act is consistent with contemporary legislation in other jurisdictions such as Ontario and Saskatchewan. More importantly, it conveys my government's commitment to an integrated Correctional Services division. A Commissioner of Corrections will co-ordinate all services and programs that are related to the assessment, supervision, control and custody of offenders. Correctional officer is a generic term used in the act instead of probation officer, juvenile counsellor and adult correctional officer. This reinforces the idea that everyone responsible for administration of the act is engaged in a correctional endeavour and is working together towards a common purpose.
The Charter of Rights and Freedoms requires that any restrictions on a person's fundamental rights or freedoms must be prescribed by law. Consequently, the act makes specific provision for searching inmates, restricting their movements, withholding their personal property, controlling visits, as well as intercepting and monitoring their communication. These are all essential to the maintenance of order and safety within today's institutions.
The act is also enabling but not prescriptive with regard to technology which can be effectively utilized by correctional officers. At the same time the act provides for the fair and impartial application of restrictions, procedural safeguards and the opportunity for inmate grievances and appeals. Because the Charter applies to young persons, the new act will apply equally to adults and young persons. Except where it specifically states otherwise, young persons must be held accountable for their behaviour, but they will now have the benefit of due process safeguards.
I am pleased to note the inclusion of a Purpose and Principle section of the new act. I hope these will facilitate public understanding of the act, as well as provide direction to every person directly or indirectly involved in the administration of the act.
I want to draw to your attention a few of the principles. The first principle establishes the protection of society and the accountability and responsibility of offenders as the primary factors in all decisions flowing from the act. The second principle establishes the importance of victims and the consideration of their interests in the correctional process. It is my belief that the long-term safety of the community will be enhanced by encouraging and supporting offender rehabilitation. Accordingly, the new act recognizes the importance of offender risk assessments and offender management plans. It mandates the establishment of work, education and training programs which, among other things, will assist offenders to acquire, maintain or develop skills that will help them become useful, productive and law-abiding citizens. The act also acknowledges the importance of public participation through the creation of citizens advisory committees and volunteer work.
The legislation affirms this government's commitment to public safety. It provides for new opportunities to keep dangerous offenders in custody to the very end of their sentence. Currently, the Prisons and Reformatories Act requires the release of an offender after two-thirds of his sentence if the offender has fulfilled all good behaviour expectations regardless of his risk level. While I generally support the principle of earned remission, it is not appropriate where there is reason to believe that an offender is likely to commit a serious offence or a sex offence involving a child. Accordingly, I have instructed my staff to address this concern. I believe that this provision will allow us to deal with the limitations of the federal legislation and keep dangerous offenders in custody as long as possible. In my opinion, the procedural safeguards inherent in the legislation and the appointment of independent adjudicators will satisfactorily balance the rights of the individuals with those of the public.
In preparing this act, my staff reviewed relevant legislation from other jurisdictions and took into account recommendations from a number of federal and provincial reports affecting corrections. Some sections, such as those regarding the live-in infant program and contract arrangements, will provide legislative sanction for long-standing practice in Manitoba. However, the real intent of this legislation is to enable the Corrections division of my department to manage its work today, tomorrow and into the future. In conclusion, I believe The Correctional Services Act will provide clear direction, a strong sense of purpose and a solid legislative base for the administration of correctional services. Thank you.
Mr. Gord Mackintosh (St. Johns): I move, seconded by the member for Crescentwood (Mr. Sale), that debate be adjourned.
Motion agreed to.
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Hon. James McCrae (Government House Leader): Madam Speaker, I think we should go next to Bills 53, 35 and 45.
Hon. Linda McIntosh (Minister of Education and Training): I move, seconded by the Minister of Labour (Mr. Gilleshammer), that Bill 53, The Apprenticeship and Trades Qualifications Act, Loi sur l'apprentissage et la qualification professionnelle, be now read a second time and be referred to a committee of this House.
Motion presented.
Mrs. McIntosh: Formally, Bill 53 before you is a repeal and replacement of The Apprenticeship and Trades Qualifications Act, but practically it represents a series of changes to the present act designed to strengthen the apprenticeship system. The government has made a firm commitment to the revitalization of apprenticeship in the Speech from the Throne and in the budget speech. The government is well aware, from discussions with industry stakeholders of the apprenticeship system, employers and employees, of the great importance and potential of this training system to our economy and our citizens.
The steady growth of the Manitoba economy has highlighted skill shortages in many industries, trades and occupations. The apprenticeship system presently provides training and/or trade qualification in 51 designated skilled trades, qualifying approximately 500 tradespersons per year out of a group of 3,000 registered apprentices in two- to five-year training programs, apprenticed with approximately 1,500 Manitoba employers.
In 1997, I received the report of the Apprenticeship Task Force appointed by the government in late 1996 and chaired by Mr. Vern Davis. Madam Speaker, I wish to thank at this time the members of that task force for their very diligent work and the research and recommendations that they provided. Their mandate was to advise on the requirements for a modern, sustainable apprenticeship training and trades qualifications system. The task force consulted extensively through public meetings in Manitoba communities, stakeholder discussions and submissions and a widely distributed questionnaire. Its consultations affirmed the value of this training system to industries, to individuals and the Manitoba economy. The task force report made 18 very useful recommendations for improving the apprenticeship system. The task force recommended measures to strengthen apprenticeship legislation, and these are reflected in the bill before the House.
Apprenticeship training is deeply rooted in industry. Industries themselves set the standards for what an apprentice should learn to become a qualified tradesperson, and about 80 percent of the typical apprenticeship program consists of on-the-job training in which the employer makes a major commitment.
The apprenticeship system is a partnership among the major stakeholders in the system, industry and government. Industry is represented in the board and trade advisory committees. Government's interests are represented through the apprenticeship branch, which supports the system and co-ordinates on-the-job and technical training and purchases technical training from the colleges and other providers.
The apprenticeship training and qualifications system is managed by industry and government through this legislation. The legislation therefore must reflect a positive role for the stakeholders, must set out a balanced structure of participation with the objective of a high-quality training system attractive to employers, potential apprentices, particularly our youth, and to tradespersons seeking upgrading in their areas. It is incumbent on government to have in place legislation through which a system like this can operate at its optimum capacity.
The changes from the current Apprenticeship Act reflected in the bill before you are intended to accomplish a number of key things. They are consistent with the task force's primary recommendation to give full recognition to this valuable system and its recommendations on governance to make the system more representative of and more responsive to its industry partners, more efficient and effective, more innovative and flexible. While some sections of the act are changed and some are new, and while it may look different as a result of more modern language, valuable elements of the current act have been retained. Our intent is to make a good system better.
With that introduction, Madam Speaker, may I highlight the key changes; those being that the size of the Apprenticeship and Trades Qualification Board will increase from nine to 13 members, including increased representatives of industry partners, employers and employees in equal numbers. The remainder of the board will consist of a chair and two persons to represent the public interest. The board will have the authority to establish trade and other regulations subject to the approval of the minister. This will be a major step forward in making the system more responsive to industry and in reducing part of the complexity of the regulatory process. It is consistent with government's approach to simplifying regulation, while assuring the regulations we have are relevant and positive.
Trade advisory committees, which connect to the board with particular industries and designated trades, will have a clear, province-wide mandate to advise the board on all matters pertaining to training and qualification in their trades. Their maximum size will increase to reflect the diversity of the trades. Their mandate will include advising the board of the form and content of training programs, accreditation standards and examination and qualification standards. The minister will have authority to set regulations pertaining to fees and appeal processes. The director of apprenticeship at the Apprenticeship Branch will continue as the administrative side of the system within the Training and Continuing Education division.
There is a provision for endorsements to train certificates to reflect upgrading consistent with future changes in trade standards. This provision also recommended by the task force is a commitment to keeping skills up to date with recognized standards of importance to individual careers and to industries and is consistent with the best practices of continuing education.
The provision of the present act for compulsory trades, that is, trades which require a person practising the trade to be either a qualified tradesperson or an apprentice, has been amended to provide for grandparenting for persons practising the trade at such time as it becomes compulsory and for exemption for industries providing their own training and part of a trade subject to more detail and regulation. These regulations will reflect the essential principles of compulsory trades, that is, that qualified personnel are required to perform the job in order to ensure public safety, workers safety, environmental protection or consumer protection. The onus will be on industry to request and justify defining any trade as compulsory.
In view of the increased authority of the board, a significant improvement in the bill is the creation of an appeal function independent of the board.
Madam Speaker, these are the essential features of the changes in the present bill. These are features which are supported broadly by the partners and stakeholders of the apprenticeship system. I commend this bill to all members of the House and look forward to their support of the bill in committee and to its speedy passage. I look forward to this updated legislation being an even better foundation than the present act for a training and qualification system of value to all Manitobans. Thank you.
Ms. Becky Barrett (Wellington): I move, seconded by the member for Brandon East (Mr. L. Evans), that debate be adjourned.
Motion agreed to.
Motion presented.
Mr. McCrae: Madam Speaker, this bill will repeal The Mental Health Act and replace it with a new statute, which is the combination of a promise made by this government at the beginning of the mental health reform process in 1988. At that time, the shift to community mental health services was just beginning, and it was felt that changes to the legislation should be deferred until more of the reform initiatives were underway. By June 1995 a significant percentage of mental health services was already being provided in the local communities rather than the large institutions or urban centres.
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It was felt that the time was right to fulfill the promise to review and revise The Mental Health Act. A review committee was established consisting of 12 individuals representing a spectrum of government staff, mental health professionals and private citizens. Co-chaired by Dr. Hugh Andrew, the chief provincial psychiatrist, and Dr. John Biberdorf, the legislative and program analyst with the Mental Health branch, the review committee initially developed a discussion paper that offered a number of suggested solutions and recommendations to what the committee members viewed were problems with the existing legislation.
In July 1996, this discussion paper was circulated to over 150 individuals, groups and organizations that expressed an interest in mental health issues. Professional associations, health care providers, family and consumer advocacy and self-help groups were all invited to comment on the committee's recommendations and to suggest amendments of their own. Feedback received regarding this discussion paper formed the basis for further review by the committee and ultimately their final report. The Mental Health Act review committee's final report was submitted to the minister in January of 1997.
It consisted of 12 substantive recommendations and 47 minor recommendations, all of which formed the basis for the initial drafting instructions for the current bill before the House. The most substantive changes being proposed to The Mental Health Act include a complete rewrite of the statute to provide for an easier flow and greater readability making and more user friendly. Mental competence will be presumed at age 16 rather than 18. The confidentiality provisions have been modified where appropriate to parallel the new Personal Health Information Act. The certificate of leave provisions are enhanced in an attempt to reduce the incidence of the revolving-door syndrome. Review board appeals are expanded for specific provisions where an individual's rights are curtailed under the act. Orders of supervision procedures are clarified and enhanced to provide for notice and review of any objection prior to such orders being issued.
The Public Trustee has also been given the ability to make treatment decisions for patients who are under orders of supervision in psychiatric facilities. The private committeeship provisions of the act have been rewritten. As well, a new right has been created to permit a private individual to act not only as the committee of another person's property, but also to act as the committee for personal care.
In summary, then, this bill represents the combination of literally hundreds of hours of deliberation and debate by members of the mental health community. While certainly it will not be without its critics, it does, I believe, represent the appropriate balance between the rights of the individual citizen as espoused in the Canadian Charter of Rights and Freedoms and society's obligation to provide care and treatment for persons with mental disorders.
Madam Speaker, I commend this bill to the consideration and support of all honourable members.
Mr. Leonard Evans (Brandon East): Madam Speaker, I move, seconded by the member for Wellington (Ms. Barrett), that debate be adjourned.
Motion agreed to.
Hon. James McCrae (Minister charged with the administration of The Manitoba Public Insurance Corporation Act): Madam Speaker, I move, seconded by the honourable Minister of Labour (Mr. Gilleshammer), that Bill 45, The Manitoba Public Insurance Corporation Amendment Act (Loi modifiant la Loi sur la Société d'assurance public du Manitoba), be now read a second time and be referred to a committee of this House.
Motion presented.
Mr. McCrae: Madam Speaker, when this government introduced what is now called the Personal Injury Protection Plan or PIPP as a part of basic Autopac coverage in 1994, our intent was twofold: first, to ensure all Manitobans were protected by comprehensive injury benefits if they were injured in a vehicle collision; and second, to ensure the vehicle insurance rates paid by Manitoba vehicle owners were protected from the rapidly escalating costs of the tort-based compensation system in place at the time.
Under PIPP, severely injured Manitobans receive the benefits they need to recover and support themselves, regardless of fault. Benefits are provided quickly to all and are not delayed by lengthy legal disputes. Unlimited medical and rehabilitation coverage as well as enhanced death, personal care, and impairment benefits are available for any Manitoba victim who needs them.
Finally, injury claims costs, which had risen 160 percent between 1986 and 1992, were stabilized. Today every Autopac policyholder pays on average $200 less each year in premiums than they would have if the tort-based system had continued.
In March of this year, the success of PIPP in meeting its mandate was confirmed by the report of the PIPP Review Commission under Mr. Sam Uskiw. I know honourable members are aware of Mr. Uskiw.
The commission's final report said, and I quote, the PIPP program has "met its mandate by providing insurance coverage for all Manitobans, stabilizing rates and guaranteeing compensation for all injured people." We are pleased with this finding, Madam Speaker, but, nevertheless, as I said in March when the report of the PIPP Review Commission was made public, we also recognize that improvements can be made.
I rise today to introduce amendments to MPI's legislation that will further strengthen its program, ensuring Manitobans continue to have the best possible vehicle insurance at the lowest possible cost.
One of the concerns expressed by the review commission dealt with the level of income compensation available to seniors under PIPP. Included in these amendment are provisions for a lifetime retirement income benefit for disabled victims who reach the age of 65. Claimants who are totally disabled on or after age 65 and who are entitled to income replacement indemnity as a result of their disability will collect full income replacement benefits for five years and then receive the lifetime retirement income. These amendments will ensure the protection from economic loss that PIPP provides to Manitoba seniors is as comprehensive as for all other Manitobans.
Another concern of the commission was that under the existing legislation students are not entitled to a lump sum indemnity if they miss less than a full school year. The new amendments will pay student victims a part of their lump sum indemnity for each incomplete school term or semester. Other amendments in the legislation ensure that MPI responds to victims' requests for a review of their benefits within 30 days and provide for payment of interest on any indemnity or expense not paid within 30 days of the determination of a victim's entitlement.
These amendments I have referred to and the others contained in the legislation, for example, an increase in the amount of the benefit for funeral expenses, guarantee the government and MPI will continue to offer Manitobans an automobile insurance plan that ensures that they and their loved ones are well protected in case they some day fall victim to a traffic injury, protection that is second to none in North America, and I commend this bill to the thoughtful consideration and support of all honourable members.
Mr. L. Evans: Madam Speaker, I move, seconded by the member for Wolseley (Ms. Friesen), that debate be adjourned.
Motion agreed to.
Hon. James McCrae (Government House Leader): I move, seconded by the honourable Minister of Labour (Mr. Gilleshammer), that Madam Speaker do now leave the Chair and the House resolve itself into a committee to consider of the Supply to be granted to Her Majesty.
Motion agreed to.