Sunday, June 04, 2006

Bill 30: NDP legislation needs revision to have proper checks and balances

Bill 30, the Fires Prevention and Emergency Response Act needs changes in order to provide for reasonable checks and balances. This act will be before the Legislative Commitee (the Standing Committee on Agriculture and Food) on Monday June 5 starting at 9:00 a.m. If you would like to present your views, you need to arrive at the legislative committee and register - you should best arrive just before 9:00 a.m. to ensure you have a chance to speak.

This legislation gives the fire commissioner and local municipalities the power to allocate costs to individuals or businesses under a variety of circumstances. At least we need to make sure these are reasonable costs.

This legislation gives immunity to various individuals acting under the authority of this act. While some protection may be reasonable, this bill goes too far in protecting individuals for anything done or not done, even when there is gross negligence or gross incompetence. Manitobans deserve better than this. The relevant clause is shown below.

"Protection from liability
41 No action or proceeding may be brought against the fire commissioner, a designate or any other person acting under the authority of this Act for anything done or not done, or for any neglect,
(a) in the performance or intended performance of a duty under this Act or the regulations; or
(b) in the exercise or intended exercise of a power under this Act or the regulations;
unless the person was acting in bad faith. "

This legislation also makes the assumption that orders sent by email or fax have been received. I have seen too many instances, where for a variety of reasons, emails or faxes have not been received. We need better certainty than this that the orders have been received.

For a full list of bills at committee stage on Monday - see http://www.manitobaliberals.ca/2006/06/it-is-your-turn-now-to-comment-on.html