Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 20
Thursday, May 16, 1996
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Angus Atkins Bacon Balfour Beaudoin Berntson Bolduc Bonnell Bosa Bryden Carstairs Cochrane Cogger Cohen Comeau Cools Corbin Davey De Bané DeWare Doyle Fairbairn Forest Forrestall Gauthier Gigantès Grafstein Graham Grimard Hays Hébert Hervieux-Payette Kelleher Kelly Kenny Kinsella Kirby Landry LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) MacEachen Maheu Marchand Meighen Milne Molgat Murray Ottenheimer Pearson Petten Phillips Prud'homme Riel Rivest Rizzuto Robichaud Rompkey Rossiter Roux St. Germain Simard Sparrow Spivak Stanbury Stewart Stratton Taylor Twinn Watt Wood
PRAYERS.
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a Certificate from the Registrar General of Canada showing that Jean B. Forest had been summoned to the Senate.
The Honourable the Speaker informed the Senate that there was a Senator without waiting to be introduced.
The Honourable Senator Forest was introduced between the Honourable Senator Fairbairn, P.C., and the Honourable Senator Taylor, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Roméo LeBlanc
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved
JEAN B. FOREST
An Officer of Our Order of Canada,
of the City of Edmonton, in the Province of Alberta,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this fifteenth day of May, in the year of Our Lord one thousand nine hundred and ninety-six and in the forty-fifth year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Forest came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.
The Honourable the Speaker informed the Senate that the Honourable Senator Forest had made and subscribed the Declaration of Property Qualification required of her by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Carstairs, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Sixth Report (Bill C-275, An Act establishing the Canadian Association of Former Parliamentarians) with certain amendments.
The Report was then read by one of the Clerks at the Table, as follows:
THURSDAY, May 16, 1996
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SIXTH REPORT
Your Committee, to which was referred Bill C-275, An Act establishing the Canadian Association of Former Parliamentarians, has, in obedience to the Order of Reference of Tuesday, May 14, 1996, examined the said Bill and now reports the same with the following amendments:
1. Page 1, clause 2: in the English version, strike out lines 13 to 15 and substitute the following:
"who was, but is not at present, a member of the Senate or House of Commons of Canada;"
2. Page 1, clause 2: in the French version, strike out lines 17 and 18 and substitute the following:
"teur ou député au Parlement du Canada, mais qui n'est plus ni séna-"
3. Page 2, clause 5: in the English version, strike out lines 10 to 12 and substitute the following:
"(d) to foster good relations between members of the Senate and House of Commons of Canada and former parliamentarians; and".
4. Page 2, clause 5: in the French version, strike out lines 12 and 13 and substitute the following:
"ses entre les sénateurs et députés actuels et les ex-parlement aires;"
5. Page 3, clause 7: strike out lines 10 to 14 and renumber paragraphs (i) to (k) and any cross-references thereto accordingly.
Respectfully submitted,
SHARON CARSTAIRS
Chair
With leave of the Senate,
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny presented the following:
THURSDAY, May 16, 1996
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FIFTH REPORT
Your Committee wishes to inform the Senate that the Chair and Deputy Chair have approved the following emergency funds for Senate Committees pursuant to Guidelines 3:03 of the Procedural Guidelines for the Financial Operations of Senate Committees.
|
- Banking, Trade and Commerce (April 5, 1996) |
$10,000 |
|
- Energy, the Environment and Natural Resources (April 16, 1996) |
$10,000 |
|
- Foreign Affairs (May 14, 1996) |
$10,000 |
|
- Legal and Constitutional Affairs (April 5, 1996) |
$10,000 |
|
- Scrutiny of Regulations (Joint) (May 14, 1996) |
$10,000 |
|
- Social Affairs, Science and Technology (April 5, 1996) |
$10,000 |
|
- Transport and Communications (March 29, 1996) |
$ 5,000 |
|
Total |
$65,000 |
Your Committee notes it will commence its examination of all Committee budgets for fiscal year 1996-97 on Tuesday, May 28, 1996.
Respectfully submitted,
COLIN KENNY
Chair
The Honourable Senator Kenny, moved, seconded by the Honourable Senator Stewart, 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
Pursuant to Rule 38, the Honourable Senator Graham moved, seconded by the Honourable Senator Robichaud, P.C.:
That no later than 4:00 p.m. on Friday, May 31, 1996, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of second reading of Bill C-12, An Act respecting employment insurance in Canada, shall be put forthwith without further debate or amendment, and that any votes on any of those questions not be further deferred.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-243, An Act to amend the Canada Elections Act (reimbursement of election expenses) to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Milne, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, May 21, 1996.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Lewis, for the third reading of Bill C-14, An Act to continue the National Transportation Agency as the Canadian Transportation Agency, to consolidate and revise the National Transportation Act, 1987 and the Railway Act and to amend or repeal other Acts as a consequence.
And on the motion in amendment of the Honourable Senator Spivak, seconded by the Honourable Senator Forrestall, that the Bill be not now read the third time but that it be amended,
(a) in clause 27, on page 11, by
(i) deleting lines 1 to 25 and lines 29 and 30, and
(ii) renumbering subclause (4) as subclause (2) and any cross-references thereto accordingly; and
(b) in clause 112, on page 50, by
(i) deleting the heading preceding clause 112,
(ii) deleting lines 8 to 11, and
(iii) renumbering subclauses 113 to 278 as subclauses 112 to 277 and any cross-references thereto accordingly.
And on the motion in amendment of the Honourable Senator DeWare, seconded by the Honourable Senator Bolduc, that the Bill be not now read the third time but that it be amended at Clause 129, by adding after line 36, on page 59, the following:
"(3) For the purposes of sections 129 to 136, the former Canadian Pacific line through Maine shall be deemed to be a route wholly within Canada, and any carrier serving any portion of the line between Saint John (New Brunswick) and Montreal (Quebec) shall be deemed to be a connecting carrier and any place where the line of a railway company connects with such connecting carrier shall be deemed to be an interchange."
And on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Andreychuk, that the Bill be not now read the third time but that it be amended by deleting Section 171 and replacing it with the following:
"the Agency shall coordinate its activities in relation to the transportation of persons with disabilities with the Canadian Human Rights Commission in order to foster complementary policies and practices and to avoid jurisdictional conflicts,".
After debate,
The question being put on the motions in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Balfour Beaudoin Berntson Bolduc Cochrane Cogger Comeau Forrestall Kinsella LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Phillips Rivest Rossiter St. Ger main Spivak Stratton-21
NAYS
The Honourable Senators
Adams Anderson Bacon Bonnell Bosa Bryden Carstairs Cools Corbin De Bané Fairbairn Forest Gauthier Gigantès Grafstein Graham Hays Hébert Hervieux- Payette Kenny Landry Losier- Cool MacEachen Maheu Marchand Milne Pearson Petten Riel Rizzuto Robichaud Rompkey Roux Stanbury Stewart Watt Taylor-37
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Lewis, for the third reading of Bill C-14, it was adopted on division.
The Bill was then 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.
Third reading of Bill C-11, An Act to establish the Department of Human Resources Development and to amend and repeal certain related Acts.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Forest, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Third reading of Bill C-3, An Act to amend the Canada Labour Code (nuclear undertakings) and to make a related amendment to another Act.
The Honourable Senator Bosa moved, seconded by the Honourable Senator Forest, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Orders No. 4 and 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Carstairs, for the second reading of Bill C-33, An Act to amend the Canadian Human Rights Act.
After debate,
The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Bacon Beaudoin Berntson Bosa Bryden Carstairs Cogger Cools Corbin De Bané Fairbairn Forest Gauthier Gigantès Grafstein Graham Hays Hébert Hervieux- Payette Kenny Kinsella Landry LeBreton Losier- Cool MacDonald (Halifax) MacEachen Marchand Milne Pearson Petten Prud'homme Riel Robichaud Rompkey Roux Simard Spivak Stanbury Stewart Taylor-40
NAYS
The Honourable Senators
Phillips St. Germain Stratton-3
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, the Bill was read the second time.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Carstairs, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Second reading of Bill C-12, An Act respecting employment insurance in Canada.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Forest, that the Bill be read the second time.
After debate,
The Honourable Senator Berntson for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Kinsella, that further 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-19, An Act to implement the Agreement on Internal Trade.
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Grafstein, that the Bill be read the second time.
After debate,
The Honourable Senator Berntson moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
The Order to resume the debate on the motion of the Honourable Senator Bacon was called and postponed until the next sitting.
Reports of Committees
Consideration of the Sixth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-275, An Act establishing the Canadian Association of Former Parliamentarians, with certain amendments) presented in the Senate earlier this day.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pearson, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted on division.
With leave of the Senate,
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pearson, that the Bill as amended be read the third time now.
The question being put on the motion, it was adopted on division.
The Bill, as amended, was then 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 with certain amendments to which they desire their concurrence.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Private Bills
Third reading of Bill S-7, An Act to dissolve the Nipissing and James Bay Railway Company.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Stanbury, that the Bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill to which they desire their concurrence.
Reports of Committees
Consideration of the First Report of the Standing Joint Committee on Official Languages (Privy Council Vote 25 of the Estimates for the fiscal year ending the 31st March, 1997), presented in the Senate on May 15, 1996.
The Honourable Senator Roux moved, seconded by the Honourable Senator Milne, that the Report be adopted.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Other
Orders No. 5, 2 (inquiries) 22 (motion) and 3 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Kinsella for the Honourable Senator Spivak moved, seconded by the Honourable Senator Simard:
That the Standing Senate Committee on Agriculture and Forestry be authorized to examine the present state and the future of forestry in Canada; and
That the Committee present its report no later than March 31, 1997.
After debate,
The Honourable Senator Taylor moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Kinsella for the Honourable Senator Comeau moved, seconded by the Honourable Senator Simard:
That the Standing Senate Committee on Fisheries, in accordance with Rule 86(1)(o), be authorized to examine such issues as may arise from time to time relating to Canada's fisheries and oceans generally in Canada; and
That the Committee present its final report to the Senate no later than March 31, 1997.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Simard moved, seconded by the Honourable Senator Kinsella:
That it be an instruction of this House that the Standing Senate Committee on Social Affairs, Science and Technology adjourn from time to time and from place to place in Canada when it begins consideration of Bill C-12, An Act respecting employment insurance in Canada.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Berntson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
_______________________________
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until Monday, May 27, 1996, at 2:00 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 1995-96 to 1999-2000 and of the Operating and Capital Budgets for 1995-96 to 1999-2000 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-153.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Forest:
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)
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Bacon substituted for that of the Honourable Senator Poulin (May 15).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Corbin substituted for that of the Honourable Senator Roux (May 16).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Ghitter (May 16).