49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 60

Wednesday, May 31, 2000
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelly, Keon, Kinsella, Kirby, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Mercier, Milne, Molgat, Murray, Nolin, Pépin, Perrault, Perry (Poirier), Poy, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Sibbeston, Simard, Spivak, Stratton, Taylor, Watt, Wiebe, Wilson,

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, *Angus, *Austin, Bacon, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, *Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, *Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, *Kelleher, Kelly, *Kenny, Keon, Kinsella, Kirby, *Kolber, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, *Maheu, Mercier, Milne, Molgat, Murray, Nolin, *Oliver, *Pearson, Pépin, Perrault, Perry (Poirier), *Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Sibbeston, Simard, Spivak, Stratton, Taylor, *Tkachuk, Watt, Wiebe, Wilson

PRAYERS

Tribute was paid to the memory of Lt. Col. Thomas G. Bowie, former Gentleman Usher of the Black Rod, whose death occurred May 28, 2000.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-16, An Act respecting Canadian citizenship, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Perrault, P.C., that the Bill be placed on the Orders of the Day for a second reading two days hence.

The question being put on the motion, it was adopted.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 was called. Pursuant to the Order adopted May 18, 2000, all questions to dispose of third reading of Bill C-2 will be put at 5:00 p.m. today.

OTHER BUSINESS

Senate Public Bills

Resuming debate on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator DeWare, for the second reading of Bill S-21, An Act to protect heritage lighthouses.

After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-15, An Act to amend the Statistics Act and the National Archives of Canada Act (census records).

After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Gustafson, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 3 and 4 were called and postponed until the next sitting. 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).

After debate, Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Sparrow.

Commons Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Reports of Committees

Consideration of the Second Report of the Standing Joint Committee on the Library of Parliament (mandate of the Committee), presented in the Senate on May 30, 2000.

The Honourable Senator Robichaud, P.C. (L'Acadie-Acadia) moved, seconded by the Honourable Senator Graham, P.C., that the Report be adopted.

The question being put on the motion, it was adopted. Consideration of the Ninth Report of the Standing Committee on Internal Economy, Budgets and Administration (Employment Equity and Diversity Policy), presented in the Senate on May 30, 2000.

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Report be adopted.

After debate, The question being put on the motion, it was adopted. Orders No. 3 to 7 were called and postponed until the next sitting.

Other

Orders No. 21, 22, 14, 17 (inquiries), 7 (motion), 6, 19, 12, 9, 18 and 23 (inquiries) were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Hays called the attention of the Senate to the Tenth Annual Bilateral Meeting of the Canada-Japan Inter-parliamentary Group and the Japan-Canada Parliamentarians' Friendship League, held in Tokyo, Hiroshima and Shikoku, Japan, from November 6 to 13, 1999.

Debate concluded.

MOTIONS

The Honourable Senator Taylor for the Honourable Senator Spivak moved, seconded by the Honourable Senator Chalifoux:

That the Standing Senate Committee on Energy, the Environment, and Natural Resources have power to sit at 5:30 p.m. on Tuesday, June 6 and June 13, 2000, for the purpose of hearing witnesses on its study of Bill S-20, An Act to enable and assist the Canadian tobacco industry in attaining its objective of preventing the use of tobacco products by young persons in Canada, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Mercier, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. At 3:30 p.m., pursuant to the Order adopted yesterday, the sitting was suspended until 5:00 p.m. The sitting resumed. At 5:00 p.m., with leave and pursuant to the Order adopted May 18, 2000, the Senate proceeded to put the question on the motions in amendment of the Honourable Senator Nolin to the motion of the Honourable Senator Hays, seconded by the Honourable Senator Moore, for the third reading of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts.

A recorded division was deferred until 5:30 p.m.

DEFERRED DIVISION

At 5:30 p.m., the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Beaudoin, to the motion of the Honourable Senator Hays, seconded by the Honourable Senator Moore, for the third reading of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts.

The question was put on the motion in amendment of the Honourable Senator Beaudoin, seconded by the Honourable Senator Keon, that Bill C-2 be not now read a third time but that it be amended, in clause 18.1, on page 13, by replacing lines 12 and 13 with the following:

"committee of the Senate and the committee of the House of Commons that normally considers electoral matters, or by the joint committee of both Houses of Parliament designated or established for that purpose.".

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Andrey chuk Beaudoin Bolduc Buchanan Cogger Cohen Comeau DeWare Doody Forrestall Grimard Gustafson Johnson Keon Kinsella LeBreton Lynch- Staunton Murray Nolin Ro bertson Roche Rossiter Simard Strat ton-24

NAYS

The Honourable Senators

Adams Bacon Banks Boudreau Bryden Callbeck Carstairs Chalifoux Christen sen Cook Cools Corbin De Bané Fairbairn Ferretti Barth Fi nestone Finnerty Fitzpa trick Fra ser Gau thier Gill Grafstein Graham Hays Hervieux- Payette Joyal Kir by Kroft Losier- Cool Mercier Milne Pé pin Per rault Per ry (Poi rier) Poy Robi chaud (L'Aca die-Aca dia) Ro bichaud (Saint- Louis-de- Kent) Rompkey Sibbeston Taylor Watt Wie be-42

ABSTENTIONS

The Honourable Senators

Nil

The Senate then proceeded to the division on the motions in amendment of the Honourable Senator Nolin to the motion of the Honourable Senator Hays, seconded by the Honourable Senator Moore, for the third reading of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts.

The question was put on the motions in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended:

1. in clause 375, on page 154,

(a) by replacing line 27 with the following:

"375. (1) A registered party shall, subject to";

(b) by replacing line 32 with the following:

"registered party shall appoint a person, to be";

(c) by adding the following after line 36:

"(3) The registration of an electoral district agent is valid

(a) until the appointment of the electoral district agent is revoked by the political party;

(b) until the political party that appointed the electoral district agent is deregistered; or

(c) until the electoral district of the electoral district agent no longer exists as result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.;

(4) Outside an election period, the electoral district agent of a registered party is:

(a) responsible for all financial operations of the electoral district association of the party; and

(b) required to submit to the chief agent of the registered party that appointed the person to act as the electoral district agent an annual financial transactions return, in accordance with subsection (5), on the electoral district association's financial transactions.

(5) The annual financial transactions return referred to in subsection (4) must set out

(a) a statement of contributions received by the following classes of contributor: individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions;

(b) the number of contributors in each class listed in paragraph (a);

(c) subject to paragraph (c.1), the name and address of each contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered party for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party, and that total amount;

(c.1) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;

(d) in the absence of information identifying a contributor referred to in paragraph (c) who contributed through an electoral district association, the name and address of every contributor by class referred to in paragraph (a) who made contributions of a total amount of more than $200 to that electoral district association in the fiscal period to which the return relates, as well as, where the contributor is a numbered company, the name of the chief executive officer or president of that company, as if the contributions had been contributions for the use of the registered party;

(e) a statement of contributions received by the registered party from any of its trust funds;

(f) a statement of the electoral district association's assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

(i) disputed claims under section 421, and

(ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 419(1) or section 420;

(g) a statement of the electoral district association's revenues and expenses in accordance with generally accepted accounting principles;

(h) a statement of loans or security received by the electoral district association, including any conditions on them; and

(i) a statement of contributions received by the electoral district association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

(6) For the purpose of subsection (5), other than paragraph (5)(i), a contribution includes a loan.

(7) The electoral district association shall provide the chief agent of a registered party with the documents referred to in subsection (5) within six months after the end of the fiscal period."; and

(d) by renumbering subsection (3) as subsection (8) and any cross-references thereto accordingly,

2. in clause 405, on page 166, by replacing lines 36 to 38 with the following:

"(3) No person, other than a chief agent, or a registered agent or an electoral district agent of a registered party, shall accept contributions to a registered party.

(4) No person, other than a chief agent of a registered party, shall provide official receipts to contributors of monetary contributions to a registered party for the purpose of subsection 127(3) of the Income Tax Act.",

3. in clause 424, on page 174, by replacing lines 14 to 16 with the following:

"(a) the financial transactions returns, substantially in the prescribed form, on the financial transactions of both the registered party and of the registered party's electoral district associations;",

4. in clause 426,

(a) on page 176, by replacing lines 36 to 38 with the following:

"shall report to its chief agent on both its financial transactions return and trust fund return referred to in section 428, and on the annual financial transactions returns on the electoral district associations' financial transactions referred to in paragraph 375(4)(b), and shall make any"; and

(b) on page 177,

(i) by replacing line 11 with the following:

"electoral district agents, registered agents and officers of the regis-", and
(ii) by replacing line 20 with the following:
"electoral district agents, registered agents and officers of the party to",
5. in clause 473, on page 202, by replacing lines 37 and 38 with the following:

"registered party or to a registered agent of that registered party in the";

6. in clause 477, on page 203, by replacing lines 30 and 31 with the following:

"477. A candidate, his or her official agent, and the chief agent of a registered party, as the case may be, shall use the prescribed forms for",

7. in clause 560, on page 246,

(a) by replacing line 18 with the following:

"ceipt with the Minister, signed by the chief agent or a registered "; and

(b) by replacing line 25 with the following:

"(a) by the chief agent or a registered agent of a registered".

The motions in amendment were negatived, on division. The question then being put on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Moore, for the third reading of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts, it was adopted on division.

The Bill was read the third time and passed, on division.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

 

The Honourable the Speaker informed the Senate that a communication had been received from the Deputy Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

May 31, 2000

Mr. Speaker:

I have the honour to inform you that the Honourable John Major, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 31st day of May, 2000, at 6:15 p.m. for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Anthony P. Smyth

Deputy Secretary, Policy, Program and Protocol

The Honourable 
The Speaker of the Senate 
Ottawa

Pursuant to Rule 135(4), the sitting was suspended until 6:10 p.m. 

The sitting resumed.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of Her Excellency the Governor General. After awhile, the Honourable John Charles Major, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of Her Excellency the Governor General, having come and being seated at the foot of the Throne-

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Honourable the Deputy of Her Excellency the Governor General that they attend him immediately in the Senate Chamber." The House of Commons being come, The Honourable the Speaker of the Senate said-

"Honourable Members of the Senate: Members of the House of Commons:

I have the honour to inform you that Her Excellency the Governor General has been pleased to cause Letters Patent to be issued under Her Sign Manual and Signet constituting the Honourable John Charles Major, Puisne Judge of the Supreme Court of Canada, her Deputy, to do in Her Excellency's name all acts on her part necessary to be done during Her Excellency's pleasure."

The said Commission was then read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson (L.S.)

BY HER EXCELLENCY the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.

TO THE HONOURABLE JOHN CHARLES MAJOR, a Puisne Judge of the Supreme Court of Canada.

GREETING:

KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Adrienne Clarkson, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the twenty-eight day of September in the year of Our Lord one thousand nine hundred and ninety-nine, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, John Charles Major, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.

PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Adrienne Clarkson, in person.

AND PROVIDED ALWAYS, that you, John Charles Major, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.

GIVEN under my hand and seal at Ottawa, this seventh day of October in the year of Our Lord one thousand nine hundred and ninety-nine and in the forty-eighth year of Her Majesty's Reign.

BY COMMAND,

DICK SHAW

Deputy Registrar General of Canada

One of the Clerks at the table then read the titles of the Bills to be assented to as follows:

An Act to amend the Municipal Grants Act (Bill C-10, Chapter 8, 2000)

An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts (Bill C-2, Chapter 9, 2000).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, the Honourable the Deputy of Her Excellency the Governor General doth assent to these Bills."

6:30 p.m. 

The Commons withdrew. 

After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report of the Commissioner of the Environment and Sustainable Development for the year 2000, pursuant to the Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 23(3).-Sessional Paper No. 2/36-380.

Report on the implementation of the Convention on combating bribery of foreign public officials in international business transactions, and the enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Act, S.C. 1998, c. 34, s. 12.-Sessional Paper No. 2/36-381.

Report on transportation in Canada for the year 1999, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1). -Sessional Paper No. 2/36-382.

Report of the Judge Advocate General to the Minister of National Defence on the administration of military justice in the Canadian Forces for the period of September 1, 1999 to March 31, 2000, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 2.-Sessional Paper No. 2/36-383.

Reports of the Office of the Superintendent of Financial Institutions required by the Access to Information Act and the Privacy Act for the period ended March 31, 2000, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 2/36-384.

Summary of the Corporate Plan for 2000-01 to 2004-05 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 2/36-385.

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Perrault, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

 ________________________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Special Committee of the Senate on Bill C-20

The name of the Honourable Senator Robichaud (Saint-Louis-de-Kent) substituted for that of the Honourable Senator Kroft (May 30).