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Order Paper and Notice Paper

The Senate of Canada

Order Paper and Notice Paper


Issue 84, Friday, October 20, 2000

Orders of the Day

Notice Paper

Questions


ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

No. 1.

October 17, 2000-Resuming debate on the motion of the Honourable Senator Kroft, seconded by the Honourable Senator Ferretti Barth, for the second reading of Bill S-30, An Act to amend the Proceeds of Crime (Money Laundering) Act.

Inquiries

Nil

Motions

Nil

Reports of Committees

Nil

OTHER BUSINESS

Rule 27(3) states:

Unless previously ordered, any item under "Other Business", "Inquiries" and "Motions" that has not been proceeded with during fifteen sittings shall be dropped from the Order Paper.

Consequently, the number appearing in parenthesis indicates the number of sittings since the item was last proceeded with.

Senate Public Bills

No. 1. (one)

February 23, 2000-Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-12, An Act to amend the Divorce Act (child of the marriage).-(Honourable Senator Sparrow).

No. 2. (eight)

April 13, 2000-Resuming debate on the motion of the Honourable Senator Perrault, P.C., seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill S-11, An Act to amend the Criminal Code to prohibit coercion in medical procedures that offend a person's religion or belief that human life is inviolable.-(Honourable Senator Kinsella).

No. 3. (nine)

June 27, 2000-Second reading of Bill S-29, An Act to provide for the recognition of the Canadien Horse as the national horse of Canada.-(Honourable Senator Murray, P.C.).

For Monday, October 23, 2000

No. 1.

October 19, 2000-Second reading of Bill S-31, An Act to better assist the Senate to serve Canadians by restoring its rights, opportunities and functions.-(Honourable Senator Joyal, P.C.).

For Tuesday, October 24, 2000

No. 1.

October 19, 2000-Second reading of Bill S-32, An Act to amend the Criminal Code to prohibit trafficking in persons.-(Honourable Senator Kinsella).

Commons Public Bills

Nil

Private Bills

No. 1. (seven)

September 19, 2000-Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Pépin, for the second reading of Bill S-28, An Act to amend the Act of incorporation of the Conference of Mennonites in Canada.-(Honourable Senator Atkins).

Reports of Committees

No. 1.

RECORDED DIVISION DEFERRED TO 5:30 P.M., PURSUANT TO RULE 67(2)

June 27, 2000-Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Banks, for the adoption of the Eighth Report of the Standing Committee on Privileges, Standing Rules and Orders (amendment to Rule 86), presented in the Senate on June 22, 2000,

And on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Rossiter, that the Eighth Report of the Standing Committee on Privileges, Standing Rules and Orders be amended by:

(1) deleting paragraph "r" relating to a Senate Committee on Defence and Security; and by

(2) deleting the word "generally" in the last sentence of paragraph "s" and replacing it with:

"but with particular reference to economic, social and cultural rights".

No. 2. (ten)

June 19, 2000-Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Bacon, for the adoption of the Fifth Report of the Standing Committee on Privileges, Standing Rules and Orders (question of privilege of Honourable Senator Kinsella) presented in the Senate on April 13, 2000.-(Honourable Senator Kinsella).

Other

No. 80. (motion)

June 28, 2000-Resuming debate on the motion of the Honourable Senator Taylor, seconded by the Honourable Senator Watt:

That the Senate of Canada views with grave concern the increasingly frequent practice of the House of Commons to debate and pass legislation which ignores the constitutional role of the Senate, the rights of our aboriginal peoples and official minority language groups;

That the Senate will continue to maintain its legitimate constitutional status by amending any bill that fails to recognize the constitutional roles enjoyed by both Houses of Parliament; and

That a Message be sent to the House of Commons to acquaint that House accordingly.-(Honourable Senator Hays).

No. 17. (six) (inquiry)

March 22, 2000-Resuming debate on the inquiry of the Honourable Senator Lynch-Staunton calling the attention of the Senate to the Budget presented by the Minister of Finance in the House of Commons on February 28, 2000.-(Honourable Senator DeWare).

No. 6. (eight) (inquiry)

November 4, 1999-Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate:

(a) to persons of Canadian birth who sat as members of the House of Commons of the United Kingdom, including Ontario-born Edward Blake, Liberal Minister of Justice of Canada 1875-1877 also Leader of the Liberal Party of Canada 1880-1887, and New-Brunswick born the Right Honourable Bonar Law, Prime Minister of the United Kingdom 1922-1923, and Ontario-born Sir Bryant Irvine, Deputy Speaker of the House of Commons of the United Kingdom 1976-1982;

(b) to persons of Canadian birth who sat as members of the House of Lords of the United Kingdom, including the Right Honourable Richard B. Bennett, Prime Minster of Canada 1930-1935, and Lord Beaverbrook, Cabinet Minister in the United Kingdom in 1918 and 1940-1942;

(c) to persons of British birth born in the United Kingdom or the Dominions and Colonies who have served in the Senate and the House of Commons of Canada including the Right Honourable John Turner, Prime Minister of Canada 1984 also Liberal Leader of the Opposition l984-1990 and myself, a sitting black female Senator born in the British West Indies;

(d) to persons of Canadian citizenship who were members of the Privy Council of the United Kingdom including the Prime Ministers of Canada, the Supreme Court of Canada Chief Justices, and some Cabinet Ministers of Canada including the Leader of the Government in the Senate 1921-1930 and 1935-1942 the Right Honourable Senator Raoul Dandurand appointed to the United Kingdom Privy Council in 1941;

(e) to the 1919 Nickle Resolution, a motion of only the House of Commons of Canada for an address to His Majesty King George V and to Prime Minister R.B. Bennett's 1934 words in the House of Commons characterizing this Resolution, that:

"That was as ineffective in law as it is possible for any group of words to be. It was not only ineffective, but I am sorry to say, it was an affront to the sovereign himself. Every constitutional lawyer, or anyone who has taken the trouble to study this matter realizes that that is what was done.";

(f) to the words of Prime Minister R.B. Bennett in a 1934 letter to J.R. MacNicol, MP that:

"So long as I remain a citizen of the British Empire and a loyal subject of the King, I do not propose to do otherwise than assume the prerogative rights of the Sovereign to recognize the services of his subjects." ;

(g) to the many distinguished Canadians who have received honours since 1919 from the King or Queen of Canada including the knighting in 1934 of Sir Lyman Duff, Supreme Court of Canada Chief Justice, and in 1935 of Sir Ernest MacMillan, musician, and in 1986 of Sir Bryant Irvine, parliamentarian, and in 1994 of Sir Neil Shaw, industrialist, and in 1994 of Sir Conrad Swan, advisor to Prime Minister Lester Pearson on the National Flag of Canada;

(h) to the many distinguished Canadians who have received 646 orders and distinctions from foreign non-British, non-Canadian sovereigns between 1919 and February 1929;

(i) to the legal and constitutional position of persons of Canadian birth and citizenship, in respect of their ability and disability for their membership in the United Kingdom House of Lords and House of Commons, particularly Canadians domiciled in the United Kingdom holding dual citizenship of Canada and of the United Kingdom;

(j) to the legal and constitutional position of Canadians at home and abroad in respect of entitlement to receive honours and distinctions from their own Sovereign, Queen Elizabeth II of Canada, and to the position in respect of their entitlement to receive honours and distinctions from sovereigns other than their own, including from the sovereign of France the honour, the Ordre Royale de la Légion d'Honneur;

(k) to those honours, distinctions, and awards that are not hereditary in character such as life peerages, knighthoods, military and chivalrous orders; and

(l) to the recommendation by the United Kingdom Prime Minister Tony Blair to Her Majesty Queen Elizabeth II for the appointment to the House of Lords as a non-hereditary peer and lord of Mr. Conrad Black a distinguished Canadian, publisher, entrepreneur and also the Honorary Colonel of the Governor General's Foot Guards of Canada.-(Honourable Senator Prud'homme, P.C.).

No. 14. (nine) (inquiry)

February 22, 2000-Resuming debate on the inquiry of the Honourable Senator Atkins calling the attention of the Senate to the financing of post-secondary education in Canada and particularly that portion of the financing that is borne by students, with a view to developing policies that will address and alleviate the debt load which post-secondary students are being burdened with in Canada.-(Honourable Senator Kinsella).

No. 57. (eleven) (motion)

June 8, 2000-Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Adams:

That a Special Committee be appointed to examine the civil justice system in Canada, including its operations, costs and availability to litigants, and the role of legal aid in the context of family law, with special emphasis on the impact of false allegations of child or spousal abuse within custody proceedings on both the administration of justice, and on the litigants and their immediate families;

That the Committee have the power to consult broadly, to examine relevant research studies, case law and literature;

That the Senate Special Committee on civil justice in Canada shall be composed of five senators, three of whom shall constitute a quorum;

That the Committee have the power to report from time to time, to send for persons, papers and records, and to print such papers and evidence as may be ordered by the Committee;

That the Committee have the power to sit during the adjournment of the Senate;

That the Committee have the power to retain the services of professional, technical and clerical staff, including legal counsel;

That the Committee have the power to adjourn from place to place within Canada;

That the Committee have the power to authorize television and radio broadcasting of any or all of its proceedings; and

That the Committee shall make its final report no later than one year from the date of its organization meeting.-(Honourable Senator Hays).


NOTICE PAPER

INQUIRIES

No. 24. (twelve)

By the Honourable Senator Andreychuk:

June 1, 2000-That she will call the attention of the Senate to issues surrounding Rural Canada.

No. 25. (five)

By the Honourable Senator Gauthier:

September 19, 2000-That he will call the attention of the Senate to the measures that should be taken to encourage and facilitate provision of and access to the widest possible range of French-language broadcasting services in francophone minority communities across Canada.

No. 26. (five)

By the Honourable Senator Gauthier:

September 19, 2000-That he will call the attention of the Senate to current issues involving official languages in Ontario.

No. 27. (five)

By the Honourable Senator Grafstein:

September 21, 2000-That he will call the attention of the Senate to the Forty-first Annual Meeting of the Canada-United States Inter-Parliamentary Group, held on the Mississippi River, from May 19 to 23, 2000.


MOTIONS

No. 82. (six)

By the Honourable Senator Gauthier:

September 19, 2000-That Rule 86(1) of the Rules of the Senate be amended:

1. by deleting paragraph (e);

2. by adding immediately after paragraph (q) the following new paragraph:

"The Senate Committee on Official Languages, composed of five members, three of whom shall constitute a quorum, to which may be referred, as the Senate may decide, bills, messages, petitions, inquiries, papers and other matters relating to official languages."; and

3. by relettering the paragraphs accordingly.

That, notwithstanding Rule 85(3), the Senate membership on the Standing Joint Committee on Official Languages lapse; and

That a Message be sent to the House of Commons acquainting that House thereof.

No. 83. (five)

By the Honourable Senator Roche:

September 20, 2000-That Rule 85 of the Rules of the Senate be amended:

(a) by adding immediately after subsection 85(1) the following:

"(2) The Committee of Selection may make a recommendation to the Senate that two additional members be added to any standing committee.

(3) Senators may apply to sit on a standing committee either by application to their respective whip or directly to the Committee of Selection."; and

(b) by renumbering subsections 85(2) to (5) as subsections 85(4) to (7) and all cross-references thereto accordingly.

No. 84. (five)

By the Honourable Senator Kolber:

September 21, 2000-That the Standing Senate Committee on Banking, Trade and Commerce be authorized to conduct a comparative study and report on the findings of its report entitled "A Blueprint for Change: Response to the Report of the Task Force on the Future of the Canadian Financial Services Sector", tabled in the Senate on December 2, 1998, and the subject-matter of Bill C-38, An Act to establish the Financial Consumer Agency of Canada and to amend certain Acts in relation to financial institutions, or any matter relating thereto; and

That the Committee present its final report no later than March 31, 2001.

No. 85. (five)

By the Honourable Senator Kirby:

September 21, 2000-That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon the developments since Royal Assent was given to Bill C-6, An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act; and

That the Committee table its final report no later than December 31, 2000.

For Monday, October 23, 2000

No. 89.

By the Honourable Senator Joyal, P.C.:

October 19, 2000-That

WHEREAS the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and resolutions of the legislative assemblies as provided for in section 38 thereof;

NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1. Section 33 of the Constitution Act, 1982 is repealed.

2. The said Act is further amended by replacing section 61 with the following:

"61. A reference to the "Constitution Acts, 1867 to 1982" shall be deemed to include a reference to the "Constitution Amendment Proclamation, 1983" and to the "Constitution Amendment Proclamation year of proclamation".

CITATION

3. This Proclamation may be cited as the "Constitution Amendment Proclamation, year of proclamation".

QUESTIONS

No. 13.

By the Honourable Senator Comeau:

October 19, 2000-Duty Free Stores exist at Canada's border with the US and at airports where there is International travel. Licenses are granted by Custom Revenue Agency. We note that airport licenses have no restrictions with regard to ownership while land border licenses are restricted to Canadians or 100% Canadian-controlled corporations.

1. Why are land border stores licensed differently?

2. Licenses are renewed at regular intervals. (a) Since the program's inceptions in 1981 how many times has each licensee had their license renewed? (b) Have any licensees been denied renewal?

3. In 1995 the Auditor General criticized the Department of National Revenue for not adhering to its own tendering practices in granting a land border license to the Ambassador Bridge. (a) What steps have been taken to correct the Auditor General's comments? (b) Are any tenders currently pending? (c) Will these be tendered according to the Department's rules?

4. In February of 2000 the Department sole sourced a contract to Me Michel Coderre of Montreal to advise on the Government's Regulatory Review Process. (a) How much was Me Coderre paid for this contract? (b) When did Me Coderre report to the Minister? (c) Will Me Coderre's report be made public? (d) When?

5. On August 15th the National Post in an editorial entitled "Borderline Barriers to Competition" pointed out that the existing Monopoly granted to land Border stores hinder growth and stifle competition. When will land Border store restrictions on ownership be lifted?



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