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Journals of the Senate

45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate


Issue 45

Monday, October 28, 1996
8:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Anderson Andreychuk Angus Atkins Bacon Berntson Bolduc Bonnell Bosa Carstairs Cohen Comeau Cools De Bané DeWare Doody Doyle Fairbairn Graham Grimard Hays Hébert Hervieux-Payette Jessiman Kelleher Kelly Kirby Landry Lawson LeBreton Losier-Cool Lynch-Staunton MacDonald (Halifax) Meighen Mercier Milne Molgat Murray Nolin Oliver Pearson Petten Poulin Prud'homme Robertson Robichaud Rossiter St. Germain Stanbury Stewart Whelan

PRAYERS.

SENATORS' STATEMENTS

Tribute was paid to the memory of the Honourable Arthur Tremblay, P.C., former Senator, whose death occurred October 27, 1996.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator DeWare presented the following:

MONDAY, October 28, 1996

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

SEVENTH REPORT

Your Committee, to which was referred the Employment Insurance (Fishing) Regulations made under section 153 of the Employment Insurance Act and approved on September 17, 1996, and any matter relating thereto, has, in obedience to the Order of Reference of Thursday, October 3, 1996, examined the said Employment Insurance (Fishing) Regulations.

Your Committee, having heard from officials of the Department of Human Resources Development, considers its examination of this Order of Reference completed.

Respectfully submitted,

Mabel M. DeWare
Chairman

The Honourable Senator DeWare moved, seconded by the Honourable Senator Bolduc, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Stollery, for the third reading of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act;

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Doody, that the Bill be not now read a third time but that it be amended:

(a) in clause 4 on page 3:

(i) by replacing line 13 with the following:

"approval of the Council.",

(ii) by replacing line 15 with the following:

"granted pursuant to subsection (1), the chief", and

(iii) by deleting lines 23 to 31; and

(b) in clause 5, by replacing lines 11 to 45 on page 4 and lines 1 to 35 on page 5 with the following:

"56.1 (1) A judge on leave of absence granted pursuant to subsection 54(1) may, with the approval of the Council granted pursuant to subsection (2), perform judicial or quasi-judicial duties for an international organization of states or an institution of such an organization and may receive in respect thereof reasonable moving or transportation expenses and reasonable travel and other expenses from the Government of Canada.

(2) Where a judge requests a leave of absence pursuant to subsection 54(1) to perform judicial or quasi-judicial duties for an international organization of states or an institution of such an organization, the Council may, at the request of the Minister of Justice of Canada, approve the undertaking of the duties."

After debate,

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion in amendment be adjourned until the next sitting.

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

Second reading of Bill C-5, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Income Tax Act.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Stewart, that the Bill be read the second time.

After debate,

The Honourable Senator Angus moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.

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

Order No. 3 was called and postponed until the next sitting.

Reports of Committees

The Order to resume debate on the motion of the Honourable Senator Rompkey, P.C., and the motion in amendment of the Honourable Senator Doody, (amendment to the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada) was called and postponed until the next sitting.

Other Business

Senate Public Bills

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

Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Haidasz, P.C., for the second reading of Bill S-4, An Act to amend the Criminal Code (abuse of process).

After debate,

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

The Bill was then read the second time.

The Honourable Senator Cools moved, seconded by the Honourable Senator Pearson, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

Commons Public Bills

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

Reports of Committees

Orders No. 1 to 6 were called and postponed until the next sitting.

Other

Orders No. 22 (motion), 15, 13, 16, 7 and 6 (inquiries) were called and postponed until the next sitting.

Reports Deposited with the Clerk of the Senate Pursuant to Rule 28(2):

Summaries of the Corporate Plan for the Period of 1996-1997 to 2000-2001 and the Operating and Capital Budgets for 1996-1997 of the Canadian Dairy Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-470.

Report of the Security Intelligence Review Committee for the fiscal year ended March 31, 1996, pursuant to the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23, s. 53.-Sessional Paper No. 2/35-471.

Report of the Correctional Investigator for the fiscal year ended March 31, 1996, pursuant to the Corrections and Conditional Release Act, R.S.C. 1992, c. 20, s. 192.-Sessional Paper No. 2/35-472.

ADJOURNMENT

The Honourable Senator Graham moved, seconded by the Honourable Senator Robichaud, P.C.:

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 Social Affairs, Science and Technology

The name of the Honourable Senator Forest substituted for that of the Honourable Senator Losier-Cool (October 24).


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