Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 29
Tuesday, June 11, 1996
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Austin Bacon Beaudoin Berntson Bolduc Bonnell Bosa Bryden Carstairs Cochrane Cogger Cohen Comeau Cools Corbin Davey DeWare Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Haidasz Hays Hébert Hervieux-Payette Jessiman Kenny Kinsella Kirby Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) MacEachen Marchand Milne Molgat Murray Nolin Oliver Ottenheimer Pearson Perrault Petten Phillips Poulin Prud'homme Rivest Rizzuto Roberge Robertson Robichaud Rompkey Rossiter Roux St. Germain Simard Spivak Stanbury Stewart Stollery Taylor Tkachuk Watt Wood
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports From Standing or Special Committees
The Honourable Senator Kirby, Chairman of the Standing Senate Committee on Banking, Trade and Commerce, presented its Fourth Report (budget-study on Canada's financial system).
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Davey, 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.
The Honourable Senator Kirby, Chairman of the Standing Senate Committee on Banking, Trade and Commerce, presented its Fifth Report (Bill C-19, An Act to implement the Agreement on Internal Trade) without amendment but with an observation.
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Corbin, that the Bill be placed on the Orders of the Day for a third reading 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 Graham moved, seconded by the Honourable Senator Lewis:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, June 12, 1996, at 1:30 p.m.
The question being put on the motion, it was adopted.
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Ordered, That the Address of His Excellency Ernesto Zedillo Ponce de Leon, President of the United Mexican States, to Members of both Houses of Parliament, delivered earlier this day, together with the introductory speech by the Right Honourable the Prime Minister of Canada and the speeches delivered by the Speaker of the Senate and the Speaker of the House of Commons, be printed as an Appendix to the Debates of the Senate of this day.
Notices of Motions
With leave of the Senate,The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pearson:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:30 p.m. tomorrow, Wednesday, June 12, 1996, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming the debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Poulin, for the third reading of Bill C-7, An Act to establish the Department of Public Works and Government Services and to amend and repeal certain Acts.
After debate,
In amendment, the Honourable Senator Nolin moved, sec onded by the Honourable Senator LeBreton, that the Bill be not now read a third time but that it be amended:
1. in clause 2, on page 1, in the French version, by adding, after line 12, the following:
« « ministre » S'entend du ministre des Travaux publics et des Services gouvernementaux. » .
2. in clause 10, on page 4, by replacing line 22 with the following:
"consent of its owner, if the expenditure or performance is in the completion of a public work.".
3. (a) in clause 16, on page 5,
(i) by replacing line 34 with the following:
"16. (1) The Minister may do any thing for or on",
(ii) by replacing lines 41 and 42 with the following:
"Canada that requests the Minister to do that thing,"; and
(b) in clause 16, on page 6, by adding after line 2 the following:
"(2) Nothing in paragraph (1)(b) confers on the Minister the power to provide architectural or engineering services.".
4. in clause 62 by replacing line 21, on page 23, with the following:
"62. If Bill C-8, An Act respecting the".
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Cohen, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Stanbury:
WHEREAS section 43 of 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 of the legislative assembly of each province to which the amendment applies;
NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
I. Term 17 of the Terms of Union of Newfoundland with Canada set out in the Schedule to the Newfoundland Act is repealed and the following substituted therefor:
"17. In lieu of section ninety-three of the Constitution Act 1867, the following shall apply in respect of the Province of Newfoundland:
In and for the Province of Newfoundland, the Legislature shall have exclusive authority to make laws in relation to education but
(a) except as provided in paragraphs (b) and (c), schools established, maintained and operated with public funds shall be denominational schools, and any class of persons having rights under this Term as it read on January 1, 1995 shall continue to have the right to provide for religious education, activities and observances for the children of that class in those schools, and the group of classes that formed one integrated school system by agreement in 1969 may exercise the same rights under this Term as a single class of persons;
(b) subject to provincial legislation that is uniformly applicable to all schools specifying conditions for the establishment or continued operation of schools,
(i) any class of persons referred to in paragraph (a) shall have the right to have a publicly funded denominational school established, maintained and operated especially for that class, and
(ii) the Legislature may approve the establishment, maintenance and operation of a publicly funded school, whether denominational or non-denominational;
(c) where a school is established, maintained and operated pursuant to subparagraph (b)(i), the class of persons referred to in that subparagraph shall continue to have the right to provide for religious education, activities and observances and to direct the teaching of aspects of curriculum affecting religious beliefs, student admission policy and the assignment and dismissal of teachers in that school;
(d) all schools referred to in paragraphs (a) and (b) shall receive their share of public funds in accordance with scales determined on a non-discriminatory basis from time to time by the Legislature; and
(e) if the classes of persons having rights under this Term so desire, they shall have the right to elect in total not less than two thirds of the members of a school board, and any class so desiring shall have the right to elect the portion of that total that is proportionate to the population of that class in the area under the board's jurisdiction."
Citation
2. This Amendment may be cited as the Constitution Amendment, year of proclamation (Newfoundland Act);
And on the motion in amendment of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the motion be not now adopted but that it be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
In amendment, the Honourable Senator Murray P.C., moved, seconded by the Honourable Senator Robertson, that the motion be further amended by adding thereto the following:
That the Committee be authorized to permit coverage by the electronic media of its public proceedings with the least possible disruption of its hearings;
That the Committee be instructed to travel to Newfoundland and Labrador to hear representation on the proposed Constitutional amendment;
That the Committee present its report no sooner than September 30, 1996; and
That the Committee be authorized to deposit its report with the Clerk of the Senate if the Senate is not sitting and that the said report shall thereupon be deemed to have been presented in the Chamber.
After debate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion in amendment 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 Bacon, seconded by the Honourable Senator Rompkey, P.C.:
That the following Address be presented to His Excellency the Governor General of Canada:
To His Excellency the Right Honourable Roméo A. LeBlanc, a Member of the Queen's Privy Council for Canada, 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.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Graham moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Address be engrossed and presented to His Excellency the Governor General by the Honourable the Speaker.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the Ninth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-28, An Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport, with amendments and observations), presented in the Senate on June 10, 1996.
A Point of Order was raised as to the acceptability of the Report.
After debate,
The Speaker reserved his decision.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for the period 1996-1997 to 2000-2001 and of the Operating and Capital Budgets for 1996-1997 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-207.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Stanbury:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Petten and Bryden substituted for those of the Honourable Senators Haidasz and Landry (June 10).
The names of the Honourable Senators Lavoie-Roux, Roux, Forest, Haidasz, Anderson, Landry, Losier-Cool and Haidasz substituted for those of the Honourable Senators Simard, Bryden, Cools, Petten, Losier-Cool, Haidasz, Anderson and Roux (June 11).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Poulin and LeBreton substituted for those of the Honourable Senators Pearson and Jessiman (June 10).
The names of the Honourable Senators Ghitter, Jessiman and Lewis substituted for those of the Honourable Senators MacDonald (Halifax), LeBreton and Stanbury (June 11).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Landry substituted for that of the Honourable Senator Roux (June 11).