49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 80

Monday, October 16, 2000
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Graham, Hays, Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, Kirby, Kolber, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Pitfield, Poy, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Sibbeston, Simard, Spivak, Stollery, Taylor, Tkachuk, Watt, Wiebe, Wilson,

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, *Cordy, De Bané, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, *Finestone, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Graham, Hays, Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, Kirby, Kolber, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Molgat, Moore, Murray, Nolin, *Oliver, Pearson, Pépin, Pitfield, Poy, Prud'homme, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Sibbeston, Simard, Spivak, Stollery, Taylor, Tkachuk, Watt, Wiebe, Wilson

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Information Commissioner, for the period ended March 31, 2000, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 40(1).-Sessional Paper No. 2/36-570.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Austin, P.C., presented the following:

MONDAY, October 16, 2000

The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its

TENTH REPORT

In order to provide for additional transparency through the disclosure of private financial interests in certain circumstances, your Committee recommends that the Rules of the Senate be amended by adding the following:

94. (3) Where a select committee considers that it would be in the public interest in respect of its consideration of an order of reference, the committee may order its members to disclose the existence of their private financial interests, whether held directly or indirectly, in respect of the matter.

(4) Subsection (3) does not apply where the order of reference concerns an amendment to the Constitution of Canada or a public bill.

(5) A member may comply with an order made under subsection (3) by signing and filing with the clerk of the committee a declaration or update that discloses the source and nature, but not the value, of the member's private financial interests in respect of the matter.
(6) A committee that makes an order under subsection (3) shall also establish time frames for present and future members to file declarations and updates, and members who must file shall do so within the required time.
(7) A member who does not file a declaration or update under subsection (5) within the required time is deemed to declare that the member has no private financial interest and is bound by the deemed declaration until the member files an update.
(8) A member who does not file a declaration under subsection (5) and who has no private financial interest to disclose is deemed to have complied with an order made under subsection (3).
(9) The clerk of a committee with whom a declaration or update is filed under subsection (5) shall make it available for public consultation during business hours.
(10) The validity of a decision of a committee on a matter is not affected by the fact that a member had a private financial interest, whether or not disclosed in compliance with this rule, unless the Senate or a committee decides otherwise under subsection (1).
Respectfully submitted,

JACK AUSTIN

Chair

The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Corbin, that the Report be placed on the Orders of the Day for consideration at the next sitting.

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

Government Notices of Motions

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Kinsella:

That the Senate do resolve itself into a Committee of the Whole at 4:00 p.m. today in order to receive Mr. George Radwanski respecting his appointment as Privacy Commissioner; and

That the Cable Public Affairs Channel (CPAC) be authorized to bring television cameras into the Chamber to broadcast the Committee of the Whole with the least possible disruption of the proceedings.

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

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-41, An Act to amend the statute law in relation to veterans' benefits, to which they desire the concurrence of the Senate.

The Bill was read the first time.

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that the Bill be placed on the Orders of the Day for a second reading at the next sitting.

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

Notices of Motions

With leave of the Senate, The Honourable Senator Nolin moved, seconded by the Honourable Senator Cohen:

That the Special Committee of the Senate on Illegal Drugs have power to sit at 3:00 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

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

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With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees.

The Honourable Senator Rompkey, P.C., Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its Twelfth Report (Internet access to live debates of the Senate and its Committees).-Sessional Paper No. 2/36-571S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Grafstein, for the third reading of Bill C-24, An Act to amend the Excise Tax Act, a related Act, the Bankruptcy and Insolvency Act, the Budget Implementation Act, 1997, the Budget Implementation Act, 1998, the Budget Implementation Act, 1999, the Canada Pension Plan, the Companies' Creditors Arrangement Act, the Cultural Property Export and Import Act, the Customs Act, the Customs Tariff, the Employment Insurance Act, the Excise Act, the Income Tax Act, the Tax Court of Canada Act and the Unemployment Insurance Act.

After debate, The Honourable Senator Kinsella for the Honourable Senator Stratton moved, seconded by the Honourable Senator Cohen, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Third reading of Bill C-27, An Act respecting the national parks of Canada.

The Honourable Senator Finnerty for the Honourable Senator Banks moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the third time.

The Honourable Senator Hays for the Honourable Senator Banks moved, seconded by the Honourable Senator Graham, P.C., that debate on the motion be adjourned until the next sitting.

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

Second reading of Bill C-14, An Act respecting an agreement with the Norway House Cree Nation for the settlement of matters arising from the flooding of land, and respecting the establishment of certain reserves in the province of Manitoba.

The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Watt, that the Bill be read the second time.

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

The Bill was then read the second time.

The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Pearson, that the Bill be referred to the Standing Senate Committee on Aboriginal Peoples.

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

Motions

Order No. 1 was called and postponed until later this day, following the completion of the Committee of the Whole.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

Private Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

Other

Orders No. 17, 6 (inquiries), 80 (motion), 14, 12 (inquiries) and 57 (motion) were called and postponed until the next sitting. Order No. 22 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper. Orders No. 19 and 23 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Forrestall:

That:

1. Rule 26 of the Rules of the Senate be amended:

(a) by adding the following before section (1):

Constitutional Business (1) Orders of the Day under rule 26.1
(b) by renumbering sections (1) and (2) and all cross-references thereto accordingly.
2. The Rules of the Senate are amended by adding the following after rule 26:

QUESTION CONSIDERED

26.1 (1) Immediately after the government of a province tables in its legislative assembly or otherwise officially releases the question that it intends to submit to its voters in a referendum relating to the proposed secession of the province from Canada, motions to refer the question to Committee of the Whole for consideration and report may be moved without leave at the next sitting of the Senate, and, if moved, must be considered and disposed of in priority to all other orders of the day.

CLEAR MAJORITY CONSIDERED

(2) Immediately after the government of a province, following a referendum relating to the secession of that province from Canada, seeks to enter into negotiations on the terms of which that province might cease to be a part of Canada, motions to refer the subject of the clarity of the majority achieved in the referendum, to Committee of the Whole for consideration and report may be moved without leave at the next sitting of the Senate, and if moved must be considered and disposed of in priority to all other orders of the day.

ORDER OF BUSINESS

(3) Notwithstanding rule 23(8), the Speaker shall call for motions under this rule as the first item of business after question period.

PRIORITY

(4) In Orders of the Day, motions shall be considered and disposed of in the following order: a motion, if any, by the Leader of the Government; a motion, if any, by the Leader of the Opposition; motions, if any, by other Senators.

DEEMED DISPOSITION

(5) Only one order of reference at a time may be made under subsections (1) and (2), and as soon as an order of reference is adopted, with or without amendment, the remaining motions fall from the order paper.

TRANSMISSION OF FINDINGS

(6) When the Senate adopts a resolution in respect of a report received and considered under subsection (1), which shall be within 15 days of the commencement of proceeding under subsection (1), the Speaker of the Senate shall transmit copies of the resolution and of all proceedings held under this rule in the Senate and in Committee of the Whole, including an integral copy of every representation made under this rule, to the Speaker of the House of Commons and to the Speakers of each provincial and territorial legislative assembly in Canada.

PROVINCIAL REPRESENTATION

(7) Where an order is made under subsection (2), the Clerk of the Senate, immediately following the adoption of the report, shall invite the government of every province and territory to make verbal or written representations to the Committee of the Whole, and every province and territory that replies in the affirmative shall be given reasonable opportunity to do so.

MINORITY REPRESENTATION

(8) Where an order is made under subsection (2), the Committee shall decide which representatives of the Aboriginal peoples of Canada and of the English and French linguistic minority population of each province and territory should be invited to make verbal or written representations to the committee, and every representative who replies in the affirmative shall be given reasonable opportunity to do so.

TRANSMISSION OF FINDINGS

(9) When the Senate adopts a resolution in respect of a report received and considered under subsection (2), which shall be within 15 days of the commencement of proceedings under subsection (2), the Speaker of the Senate shall transmit copies of the resolution and of all proceedings held under this rule in the Senate and in Committee of the Whole, including an integral copy of every representation made under this rule, to the Speaker of the House of Commons and to the Speakers of each provincial and territorial legislative assembly in Canada.

After debate, In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator DeWare, that the question be referred to the Standing Committee on Privileges, Standing Rules and Orders.

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

The sitting was adjourned during pleasure to resume at the call of the bell at approximately 4:00 p.m. The sitting resumed.

COMMITTEE OF THE WHOLE

At 4:00 p.m., pursuant to the Order adopted earlier this day, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Mr. George Radwanski respecting his appointment as Privacy Commissioner, the Honourable Senator Losier-Cool in the Chair.

-In the Committee-

Pursuant to Order, Mr. Radwanski was escorted to a seat in the Senate Chamber.

After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That the Committee rise, and that the Chair report that they have concluded their deliberations.

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

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The sitting of the Senate resumed. 

The Chair of the Committee reported that it had concluded its deliberations.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

Order No. 1 was called again and postponed until the next sitting.

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

Report on Canada's activities as a Member Nation of the Food and Agriculture Organization of the United Nations for the period April 1, 1998 to March 31, 2000, pursuant to the Food and Agriculture Organization of the United Nations Act, R.S.C. 1985, c. F-26, s. 4.-Sessional Paper No. 2/36-569.

ADJOURNMENT

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

That the Senate do now adjourn.

The question being put on the motion, it was adopted. (Accordingly, at 6:25 p.m. the Senate was continued until 2:00 p.m. tomorrow.)

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

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Cochrane (October 5).

The name of the Honourable Senator Cochrane substituted for that of the Honourable Senator Johnson (October 13).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Forrestall substituted for that of the Honourable Senator Stratton (October 5).