Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 34
Thursday, June 20, 1996
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Angus Atkins Austin Bacon Beaudoin Berntson Bolduc
Bonnell Bosa Bryden Buchanan Carney Carstairs Cochrane Cogger Cohen Comeau Cools
Corbin Davey De Bané DeWare Di Nino Doody Doyle Fairbairn Forest Forrestall
Gauthier Ghitter Gigantès Grafstein Graham Grimard Gustafson Haidasz Hays
Hébert
Hervieux-Payette Jessiman Johnson Kelleher Keon Kinsella Kirby Kolber Landry
Lavoie-Roux LeBreton Lewis
Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Marchand
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 Twinn Watt Wood
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
Tribute was paid to the Honourable Senator Davey, who will resign from the Senate on July 1, 1996.
Some Honourable Senators made statements.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill C-8, An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof,
And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.
A Message was brought from the House of Commons to return Bill C-20, An Act respecting the commercialization of civil air navigation services,
And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Fairbairn, P.C., tabled the following:
Copy of a Proclamation on the occasion of "National Aboriginal Day".-Sessional Paper No. 2/35-250S.
Presentation of Reports From Standing or Special Committees
The Honourable Senator Lucier presented the following:
THURSDAY June 20, 1996
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
SIXTH REPORT
Your Committee, to which was referred the 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, has examined the said Bill in obedience to its Order of Reference dated Wednesday, June 19, 1996, and now reports the same without amendment, but with the following observation:
The Committee wishes to note that it will call relevant Departments to appear before the Committee to hear how those Departments are dealing with issues raised concerning the administration of scientific research and experimental development tax credits.
Respectfully submitted,
MICHAEL KIRBY
Chairman
With leave of the Senate,
The Honourable Senator Lucier moved, seconded by the Honourable Senator Maheu, that the Bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Di Nino presented a Bill S-11, An Act to amend the Excise Tax Act.
The Bill was read the first time.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Berntson, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 26, 1996.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,
The Honourable Senator Stewart moves, seconded by the Honourable Senator Lewis:
That, notwithstanding the order of reference of the Senate adopted on February 28, 1996, the Standing Senate Committee on Foreign Affairs, which was authorized to examine and report, no later than June 30, on the consequences of the economic integration of the European Union for the national governance of the member states, and on the consequences of the emergence of the European Union for economic, political and defence relations between Canada and Europe, be empowered to present its final report no later than July 18, 1996.
That, notwithstanding usual practices, if the Senate is not sitting when the final report of the Committee is completed, the Committee shall deposit its report with the Clerk of the Senate, and said report shall thereupon be deemed to have been tabled in this Chamber.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Graham tabled the following:
Reply to Question No. 18, dated March 19, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Justice.-Sessional Paper No. 2/35-251S.
Reply to Question No. 43, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of National Revenue.-Sessional Paper No. 2/35-252S.
Reply to Question No. 46, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Justice.-Sessional Paper No. 2/35-253S.
Reply to Question No. 48, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Department of Public Works and Government Services.-Sessional Paper No. 2/35-254S.
Reply to Question No. 54, dated April 23, 1996, appearing on the Order Paper in the name of the Honourable Senator Phillips, respecting the G.S.T. Centre at Summerside, P.E.I.-Sessional Paper No. 2/35-255S.
Reply to Question No. 103, dated May 16, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting Standards Council of Canada.-Sessional Paper No. 2/35-256S.
Reply to Question No. 105, dated May 16, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting Canada Development Investment Corporation.- Sessional Paper No. 2/35-257S.
Reply to Question No. 128, dated May 16, 1996, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting Canada Mortgage and Housing Corporation.- Sessional Paper No. 2/35-258S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill C-4, An Act to amend the Standards Council of Canada Act.
The Honourable Senator Bosa moved, seconded by the Honourable Senator Cools, 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 Bosa moved, seconded by the Honourable Senator Cools, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Third reading of 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.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
Ordered, That Order No. 2 be again called.
Resuming debate on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Rizzuto, for the Second reading of Bill C-48, An Act to amend the Federal Court Act, the Judges Act and the Tax Court of Canada Act.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
With leave of the Senate,
The Honourable Senator Lewis moved, seconded by the Honourable Senator Rizzuto, that the Bill be read the third time now.
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.
DEFERRED DIVISIONS
At 5:30 p.m., pursuant to Rule 67(1), the Senate proceeded to the taking of the deferred recorded divisions on the motions in amendment to the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Bosa, for the third reading of Bill C-12, An Act respecting employment insurance in Canada.
The question was put on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Robertson, that Bill C-12 be not now read the third time but that it be amended in Clause 15
(a) on page 23, by deleting lines 30 to 47;
(b) on page 24, by deleting lines 1 to 3; and
(c) by renumbering clauses 16 to 41.1 as clauses 15 to 41 respectively and by renumbering any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Angus Atkins Beaudoin Berntson Bolduc Buchanan Carney Cochrane
Cogger Cohen Comeau DeWare
Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Jessiman Johnson
Kelleher Keon Kinsella Lavoie- Roux LeBreton Lynch-Staunton MacDonald (Halifax)
Murray Nolin Oliver Ottenheimer Phillips Rivest Roberge Robertson Rossiter
Simard Spivak Stratton Tkachuk Twinn-43
NAYS
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 Kolber Landry Lewis Losier-Cool Lucier Maheu Marchand Milne Molgat Pearson Petten Pitfield Poulin Riel Rizzuto Robichaud Rompkey Roux Sparrow Stanbury Stewart Stollery Taylor Watt Wood-48
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Phillips, seconded by the Honourable Senator Oliver, that Bill C-12 be not now read the third time but that it be amended in clause 14, on page 22, by
(a) replacing line 1 with the following:
"(2) Subject to subsection (2.1), a claimant's weekly insurable earnings"; and
(b) adding, after line 29, the following:
"(2.1) In calculating a claimant's weekly insurable earnings under subsection (2), weeks with less than 15 hours of insurable earnings and the insurable earnings attributable to those weeks shall be excluded, but no week shall be excluded where the exclusion would reduce the divisor determined in accordance with paragraph (2)(a) to a number less than the divisor determined in accordance with paragraph (2)(b).
(2.2) Weeks shall be excluded under subsection (2.1) in the order of number of hours of insurable earnings, starting with the week with the lowest number of hours.''.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Angus Atkins Beaudoin Berntson Bolduc Buchanan Carney Cochrane Cohen Comeau DeWare Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Kelleher Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Murray Nolin Oliver Ottenheimer Phillips Prud'homme Rivest Roberge Robertson Rossiter Simard Tkachuk Twinn-39
NAYS
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 Kolber Landry Lewis Losier-Cool Lucier Maheu Marchand Milne Molgat Pearson Petten Pitfield Poulin Riel Rizzuto Robichaud Rompkey Roux Sparrow Stanbury Stewart Stollery Taylor Watt Wood-48
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Cohen, seconded by the Honourable Senator Doyle, that Bill C-12 be not now read the third time but that it be amended in clause 5, on page 8, by adding immediately after line 22, the following:
"(d.1) the employment of a student who is in full-time attendance at a high school, university, college or other educational institution providing courses at a secondary or post-secondary school level and who has elected to exclude the employment to which their first $5,000 of earnings in the year is attributable;".
The motion in amendment was negatived, on division.
The question was put on the motion in amendment of the Honourable Senator Lavoie-Roux, seconded by the Honourable Senator Oliver, that Bill C-12 be not now read the third time but that it be amended in clause 14, on page 23, by replacing lines 1 to 29 with the following:
"(4) The rate calculation period is
(a) the period of 26 consecutive weeks in the claimant's qualifying period to which can be attributed the most insurable earnings, or
(b) where the claimant's qualifying period consists of less than 26 consecutive weeks, the claimant's qualifying period,
but a prescribed week relating to employment in the labour force shall not be taken into account when determining what weeks are within the rate calculation period.''.
The motion in amendment was negatived, on division.
The question was put on the motion in amendment of the Honourable Senator Simard, seconded by the Honourable Senator Phillips, that Bill C-12 be not read a third time now but be read a third time this day, six months hence.
The motion in amendment was negatived, on division.
The question was then put on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Bosa, for the third reading of Bill C-12, An Act respecting employment insurance in Canada.
The motion 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 Kolber Landry Lewis Losier-Cool Lucier Maheu Marchand Milne Molgat Pearson Petten Pitfield Poulin Riel Rizzuto Robichaud Rompkey Roux Sparrow Stanbury Stewart Stollery Taylor Watt Wood-48
NAYS
The Honourable Senators
Andreychuk Angus Atkins Beaudoin Berntson Bolduc Buchanan Carney Cochrane Cohen Comeau DeWare Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Kelleher Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Murray Nolin Oliver Ottenheimer Phillips Rivest Roberge Robertson Rossiter Simard Tkachuk Twinn-38
ABSTENTIONS
The Honourable Senators
Prud'homme-1
Accordingly the Bill was 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.
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
June 20, 1996
Mr. Speaker,
I have the honour to inform you that the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 20th day of June, 1996, at 6:45 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General.
The Honourable
The Speaker of the Senate
Ottawa
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 Tuesday, September 24, 1996, at 2:00 p.m.
After debate,
The question being put on the motion, it was adopted on division.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Consideration of the Second Report of the Standing Senate Committee on Agriculture and Forestry (budget - study on agriculture in Canada), presented in the Senate on June 19, 1996.
The Honourable Senator Hays moved, seconded by the Honourable Senator Taylor, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Third Report of the Standing Senate Committee on Agriculture and Forestry (budget - study on forestry in Canada), presented in the Senate on June 19, 1996.
The Honourable Senator Hays moved, seconded by the Honourable Senator Cools, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Twelfth Report of the Standing Senate Committee on Legal and Constitutional Affairs (budget - Term 17 of the Terms of Union of Newfoundland with Canada) presented in the Senate on June 19, 1996.
The Honourable Senator Graham for the Honourable Senator Carstairs moved, seconded by the Honourable Senator Hervieux- Payette, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Joint Committee on Official Languages (Implementation of Part VII of the Official Languages Act) presented in the Senate on June 19, 1996.
The Honourable Senator Graham for the Honourable Senator Roux moved, seconded by the Honourable Senator Austin, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 5 to 8 were called and postponed until the next sitting.
Consideration of the Fourth Report of the Standing Senate Committee on Banking, Trade and Commerce (budget - study on the financial system in Canada) presented in the Senate on June 11, 1996.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Forest, that the Report be adopted.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Grafstein called the attention of the Senate to the Thirty-seventh Annual Meeting of the Canada- United States Inter-Parliamentary Group, held in Alaska, from May 10 to 13, 1996.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That all remaining Orders be postponed until the next sitting.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Right Honourable the Deputy of His Excellency the Governor General.
After awhile, the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-
The Honourable the Speaker commanded the Gentleman Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-
"It is the desire of the Right Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber."
The House of Commons being come,
One of the Clerks at the Table read the titles of the Bills to be assented to as follows:
An Act to amend the Canadian Human Rights Act (Bill C-33, Chapter 14, 1996)
An Act to provide for the establishment and operation of a program to enable certain persons to receive protection in relation to certain inquiries, investigations or prosecutions (Bill C-13, Chapter 15, 1996)
An Act to establish the Department of Public Works and Government Services and to amend and repeal certain Acts (Bill C-7, Chapter 16, 1996)
An Act to implement the Agreement on Internal Trade (Bill C-19, Chapter 17, 1996)
An Act to implement certain provisions of the budget tabled in Parliament on March 6, 1996 (Bill C-31, Chapter 18, 1996)
An Act respecting the control of certain drugs, their precursors and other substances and to amend certain other Acts and repeal the Narcotic Control Act in consequence thereof (Bill C-8, Chapter 19, 1996)
An Act respecting the commercialization of civil air navigation services (Bill C-20, Chapter 20, 1996)
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 (Bill C-36, Chapter 21, 1996)
An Act to amend the Federal Court Act, the Judges Act and the Tax Court of Canada Act (Bill C-48, Chapter 22, 1996)
An Act respecting employment insurance in Canada (Bill C-12, Chapter 23, 1996)
An Act respecting Queen's University at Kingston (Bill S-8).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Right Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."
6:55 p.m.
The Commons withdrew.
After which the Right Honourable the Deputy of His Excellency the Governor General was pleased to retire.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Business Development Bank of Canada, together with the Auditor's Report, 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. 2/35-245.
Reports of Statistics Canada required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 2/35-246.
Report of the Canada Deposit Insurance 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. 2/35-247.
Reports of Canada-Nova Scotia Offshore Petroleum Board required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 2/35-248.
Reports of the Department of Natural Resources Canada required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 2/35-249.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Hébert:
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 Senate Committee on Transport and Communications
The names of the Honourable Senators Petten and Forest substituted for those of the Honourable Senators Landry and Davey (June 19).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Stewart, Anderson and Taylor substituted for those of the Honourable Senators Kirby, Stewart and Perrault (June 20).