45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate

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Issue 48

Thursday, October 31, 1996
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Anderson Andreychuk Angus Atkins Bacon Balfour Berntson Bolduc Bonnell Bosa Carney Carstairs Cogger Cohen Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle Fairbairn Forrestall Gigantès Graham Grimard Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Keon Kinsella Kirby Landry Lavoie-Roux LeBreton Lewis
Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Meighen Mercier Milne Molgat Nolin Oliver Pearson Perrault Petten Phillips Poulin Prud'homme Rizzuto Roberge Robertson Robichaud Stanbury Stewart Stollery Stratton Watt Wood

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker informed the Senate that the Clerk of the Senate had tabled the following:

Statement of the Clerks receipts and disbursements for the fiscal year 1995-96, pursuant to Rule 133.-Sessional Paper No. 2\35-477S.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Graham moved, seconded by the Honourable Senator Bosa:

That the Clerk's Accounts be referred to the Standing Committee on Internal Economy, Budgets and Administration.

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

Presentation of Reports from Standing or Special Committees

The Honourable Senator Kirby, Chairman of the Standing Senate Committee on Banking, Trade and Commerce, tabled its Ninth Report entitled: 1997 Financial Institution Reform: Lowering the Barriers to Foreign Banks.-Sessional Paper No. 2/35-478S.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Maheu, 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

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-35, An Act to amend the Canada Labour Code (minimum wage), to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Bosa moved, seconded by the Honourable Senator Anderson, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, November 5, 1996.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Bosa tabled the following:

Report of the Canadian Group of the Inter-Parliamentary Union regarding its participation at the 96th Inter-Parliamentary Conference, held at Beijing, China, from September 14 to 21, 1996.-Sessional Paper No. 2\35-479.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Stewart, for the second reading of C-5, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Income Tax Act.

After debate,

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

The Bill was then read the second time.

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

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 Milne moved, seconded by the Honourable Senator Mercier, that further debate on the motion in amendment be adjourned until the next sitting.

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

Reports of Committees

Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator De Bané, P.C., for the adoption of the Thirteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (amendment to the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada), deposited with the Clerk of the Senate on July 17, 1996;

And on the motion in amendment of the Honourable Senator Doody, seconded by the Honourable Senator Kinsella, that the Report be not now adopted but that it be amended by deleting the words "without amendment, but with a dissenting opinion" and substituting therefor the following:

"with the following amendment:

Delete the words in paragraph (b) of Term 17 that precede subparagraph (i) and substitute therefor the words: "where numbers warrant,"".

After debate,

In amendment, the Honourable Senator Cogger moved, seconded by the Honourable Senator Bolduc, that the motion in amendment be amended by substituting for the words "with the following amendment:" the words "with the following amendments: (a)" and by removing the period at the end thereof and adding the following words:

" ; and

(b) Delete the words "to direct" in paragraph (c) of Term 17 and substitute therefor the words "to determine and to direct"."

After debate,

The Honourable Senator Graham for the Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Mercier, that further debate on the motion in amendment of the Honourable Senator Cogger be adjourned until the next sitting.

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

OTHER BUSINESS

Senate Public Bills

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

Resuming the debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Beaudoin, for the second reading of Bill S-11, An Act to amend the Excise Tax Act.

After debate,

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

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

Orders No. 3 and 4 were called and postponed until the next sitting.

Commons Public Bills

Resuming the debate on the motion of the Honourable Senator Whelan, P.C., seconded by the Honourable Senator Losier-Cool, for the second reading of Bill C-216, An Act to amend the Broadcasting Act (broadcasting policy).

After debate,

The Honourable Senator Berntson for the Honourable Senator Bolduc moved, seconded by the Honourable Senator Lynch-Staunton, that further debate on the motion be adjourned until the next sitting.

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

Reports of Committees

Orders No. 1 to 5 were called and postponed until the next sitting.

Other

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

Order No. 6 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

INQUIRIES

The Honourable Senator Cools called the attention of the Senate to Canada's constitutional monarchy; and to the history of the Sovereign's Representative in Canada, namely the Governor General; and to the historic and constitutional principle that in a constitutional monarchy, the Sovereign does not enter the Lower House; and to the presence of His Excellency the Governor General in the House of Commons Chamber on Wednesday, May 29, 1996.

Debate concluded.

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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 Poulin:

That when the Senate adjourns today, it do stand adjourned until Tuesday next, November 5, 1996, at 2:00 p.m.

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

ADJOURNMENT

The Honourable Senator Graham moved, seconded by the Honourable Senator Losier-Cool:

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 name of the Honourable Senator Perrault substituted for that of the Honourable Senator Mercier (October 30).

Standing Senate Committee on Fisheries

The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Rossiter (October 30).

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