Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 32
Tuesday, June 18, 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 Carney Carstairs Cochrane Cogger Cohen Cools Corbin Davey De Bané DeWare Doody Doyle Fairbairn Forest Forrestall Gauthier Ghitter Gigantès Grafstein Graham Grimard Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Keon Kinsella Kirby Landry Lavoie-Roux LeBreton Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) MacEachen Maheu Marchand Meighen Milne Molgat Murray Nolin Oliver Ottenheimer Pearson Petten Phillips Pitfield Poulin Prud'homme Riel Rivest Rizzuto Roberge Robertson Robichaud Rompkey Rossiter Roux Simard Sparrow Spivak Stanbury Stewart Stollery Stratton Taylor Tkachuk Watt Wood
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
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 tomorrow, Wednesday, June 19, 1996, at 1:30 p.m.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Roberge presented a Bill S-10, An Act to amend the Criminal Code (criminal organization).
The Bill was read the first time.
The Honourable Senator Roberge moved, seconded by the Honourable Senator Tkachuk, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, June 20, 1996.
The question being put on the motion, it was adopted.
Tabling of Reports From Inter-Parliamentary Delegations
The Honourable Senator Rompkey, P.C. tabled the following:
First Report of the Canadian NATO Parliamentary Association on the Third Annual Political Committee Visit of the North Atlantic Assembly (NATO Parliamentarians), held in Moscow, Russia, from April 9 to 12, 1996.-Sessional Paper No. 2/35-226.
Second Report of the Canadian NATO Parliamentary Association on the 1996 Spring Session of the North Atlantic Assembly (NATO Parliamentarians) held in Athens, Greece, from May 16 to 20, 1996.-Sessional Paper No. 2/35-227.
Notices of Motions
With leave of the Senate,
The Honourable Senator Stewart moved, seconded by the Honourable Senator Petten:
That the Standing Senate Committee on Foreign Affairs have power to sit at 4:00 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.
With leave of the Senate,The Honourable Senator Graham moved, seconded by the Honourable Senator Marchand, P.C.:
That the Standing Committee on Privileges, Standing Rules and Orders have power to sit at 4:00 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.
With leave,The Senate Reverted to Tabling of Reports From Inter- Parliamentary Delegations.
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group, to the Thirty-seventh Annual Meeting of the Group, held in Alaska, United States, from May 10 to 13, 1996.-Sessional Paper No. 2/35-228.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Graham tabled the following:
Reply to Question No. 14, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of National Defence.-Sessional Paper No. 2/35-229S.
Reply to Question No. 32, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of National Defence.-Sessional Paper No. 2/35-230S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996.
The Honourable Senator Graham moved, seconded by the Honourable Senator Rompkey, P.C., 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, without amendment.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-4, An Act to amend the Standards Council of Canada Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Losier-Cool, 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.
Motions
The Honourable Senator Graham moved, seconded by the Honourable Senator Forest:
That, pursuant to the provisions of Rule 39 and in relation to Bill C-28, an Act respecting certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport, not more than a single period of a further six hours of debate be allotted to the consideration of the said Bill at both the report and third stages;
That, when the debate comes to an end or when the time provided for the debate has expired, as the case may be, the Speaker shall interrupt, if required, any proceeding then before the Senate and put forthwith and successively every question necessary to dispose of the report stage and third reading of the said Bill; and
That any recorded vote on the said question or questions shall be taken in accordance with the provisions of Rule 39(4).
After debate,
The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Adams Anderson Austin Bacon Bonnell Bosa Bryden Carstairs Cools Corbin Davey De Bané Fairbairn Forest Gauthier Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux- Payette Kirby Landry Lewis Losier-Cool Lucier MacEachen Maheu Marchand Milne Pearson Petten Pitfield Poulin Prud'homme Riel Rizzuto Robichaud Rompkey Roux Sparrow Stanbury Stewart Stollery Taylor Watt Wood-48
NAYS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Bolduc Carney Cochrane Cogger Cohen DeWare Doody Doyle Forrestall Grimard Jessiman Johnson Kelleher Keon Kinsella Lavoie-Roux LeBreton Lynch- Staunton MacDonald (Halifax) Murray Nolin Oliver Ottenheimer Phillips Roberge Robertson Rossiter Spivak Stratton Tkachuk-34
ABSTENTIONS
The Honourable Senators
Nil
Reports of Committees
Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Gauthier for the adoption 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.
After debate,
In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Berntson, that the report be not now adopted but that it be referred back to the Standing Senate Committee on Legal and Constitutional Affairs for further consideration; and
That the Committee be instructed not to proceed with the said consideration until all court proceedings relating to certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport have been completed.
After debate,
A Point of Order was raised as to the acceptability of the motion in amendment
After debate,
The Speaker reserved his decision.
At 5:45 p.m. the sitting was suspended.
At 6:00 p.m. the sitting resumed.
SPEAKER'S RULING
Honourable senators, I have met with the two deputy leaders and we have arrived at an agreement. First, I want to make it clear that this is not a precedent. No precedent is involved.
We have agreed to accept the amendment and proceed concurrently with debate on the amendment and on the main motion. At the end of the six hours, or whatever time is agreed by both sides, the vote will be held.
We will put the amendment and proceed with the debate. I repeat, there is no precedent created.
The Senate resumed debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Gauthier for the adoption 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;
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Berntson, that the report be not now adopted but that it be referred back to the Standing Senate Committee on Legal and Constitutional Affairs for further consideration; and
That the Committee be instructed not to proceed with the said consideration until all court proceedings relating to certain agreements concerning the redevelopment and operation of Terminals 1 and 2 at Lester B. Pearson International Airport have been completed.
After debate,
The question being put on the motion in amendment,Pursuant to Rule 39(4)(a), a recorded division was deferred until 5:30 p.m. tomorrow.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Lucier, 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.
A Message was brought from the House of Commons with a Bill C-48, An Act to amend the Federal Court Act, the Judges Act and the Tax Court of Canada Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Riel, P.C., 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.
A Message was brought from the House of Commons with a Bill C-36, An Act to amend the Income Tax Act, the Excise Act, the Excise Tax Act, the Office of the Superintendent of Financial Institutions Act, the Old Age Security Act and the Canada Shipping Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Milne, 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 on division.
Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canada Post Corporation, including its accounts and financial statements certified by the Auditor General, for the fiscal year ended March 31, 1996, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1).-Sessional Paper No. 2/35-218.
Summaries of the Corporate Plan for 1996-97 to 2000-2001 and the Capital Budget for 1996-97 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-219.
Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Canadian Mill Supply Co. Ltd. regarding bleached cotton gauze", dated May 27, 1996, pursuant to the Canada-United States Free Trade Agreement Implementation Act, 1988, c. 65, sbs. 21(2).-Sessional Paper No. 2/35-220.
Management Plan for Mount Revelstoke and Glacier National Parks 1995, pursuant to an Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, sbs. 5(1.1).-Sessional Paper No. 2/35-221.
Management Plan for Point Pelee National Park, dated December 1995, pursuant to an Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, sbs. 5(1.3).-Sessional Paper No. 2/35-222.
Management Plan for Prince Albert National Park, dated October 1995, pursuant to an Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, sbs. 5(1.3).-Sessional Paper No. 2/35-223.
Management Plan for Forillon National Park 1995, pursuant to an Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, sbs. 5(1.3).- Sessional Paper No. 2/35-224.
Management Plan for Pukaskwa National Park, dated December 1995, pursuant to an Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, sbs. 5(1.1).-Sessional Paper No. 2/35-225.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Lucier:
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 Legal and Constitutional Affairs
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Bryden (June 13).
The names of the Honourable Senators Petten, Doody and Cogger substituted for those of the Honourable Senators Losier-Cool, Doyle and Ghitter (June 18).
Special Committee of the Senate on the Cape Breton Development Corporation
The name of the Honourable Senator Petten substituted for that of the Honourable Senator Stanbury (June 17).