Journals of the Senate
45 Elizabeth II, A.D. 1996, Canada
Journals of the Senate
Issue 51
Thursday, November 7, 1996
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Andreychuk Atkins Austin Bacon Balfour Beaudoin Berntson Bonnell Bosa Bryden Carstairs Cochrane Cogger Cohen Cools Corbin De Bané Di Nino Doody Doyle Eyton Fairbairn Forrestall Gigantès Grafstein Graham Grimard Hays Hébert Hervieux-Payette Jessiman Kelleher Kenny Kirby Landry Lavoie-Roux Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Mercier Milne Molgat Moore Murray Nolin Ottenheimer Pearson Perrault Petten Phillips Poulin Prud'homme Rivest Rompkey Rossiter Simard Stollery Watt Whelan Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Carstairs presented the following:
THURSDAY, November 7, 1996
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
SIXTEENTH REPORT
Your Committee, to which was referred Bill S-3, An Act to amend the Criminal Code (plea bargaining), has, in obedience to the Order of Reference of Thursday, May 2, 1996, examined the said Bill and now reports as follows:
Your Committee recommends that this Bill be not proceeded with further in the Senate for the following reason:
This recommendation is based on your Committee's concern that Bill S-3 could infringe legal rights protected by section 11(h) of the Canadian Charter of Rights and Freedoms by allowing an accused to be punished more than once for the same offence.
Respectfully submitted,
SHARON CARSTAIRS
Chair
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, 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 Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Sixth Report (budget-study on transportation safety and security in Canada).
(The Report is printed as an Appendix at pages 650-658.)
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Graham, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny presented the following:
THURSDAY, November 7, 1996
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TWELFTH REPORT
Your Committee has examined a proposal to extend benefits and entitlements to individuals that are now on contract with Senators.
The research function in the Senate has grown significantly since 1988 when the Guidelines for Research Expenditures were approved by the Committee on Internal Economy, Budgets and Administration. There is now a requirement for researchers to meet the needs of Senators on a more continuous basis and in closer proximity to the workplace. As such, the Senate could be at risk of having an employer-employee relationship claimed by contractuals and be seen as not being a good employer. It is therefore not surprising that the issue of extending benefits to this group of individuals on contract be a focus of interest amongst many Senators. As discussed on April 25, 1996, this issue should be given a priority before the coming session and brought forward as soon as possible.
In accordance with the Senate Guidelines for Research Expenditures approved by the Committee on Internal Economy, Budgets and Administration April 28, 1988, "a contractor will not be an employee of the Senate or the Senator. Accordingly, payroll deductions at source will not be made and employee benefits are not available." At this time, Senators are entitled to one Secretary at $38,777 (Salary Budget - I) and $50,000 (Senators' Office Expenses - II). Contracts can be established to meet short or longer term needs.
Employee benefits are calculated at 14.5% of the Senate Administration's salary envelope (17 million) or approximately $5,000 per employee, per year.
Currently, for persons hired on contract by Senators, the use of Senate equipment, premises, etc. is very common and could lead to an interpretation that they are "employees" under the terms of PESRA. Should such a case be made, persons hired under contract would be entitled to the same benefits and entitlements normally granted to "employees"; costs could then be very substantial.
A proposed solution to this problem is that three categories of employment could be implemented:
Category 1
(Contracts for short periods of time)
Senators could continue to enter into contracts for short-periods of time, i.e. speech writing (specified task, specified fee, specified time frame) paid through Senators' Office Expenses (II). This would not increase Senate expenses as no deductions at source, no benefit or entitlement can currently be extended to contractuals.
However, attention must be given to avoid an employer-employee relationship being established.
Category 2
(Term for less than six months)
Senators could request that Human Resources hire, on their behalf, an individual on a temporary basis (term) for a period of up to, but not exceeding six months.
This individual would not become an "employee" but would be subject to deductions at source, would be entitled to a record of employment and would be eligible to receive unemployment insurance benefits. Implementation of this option would result in an increase in the Senate's share of employee benefits (C/QPP and UIC contributions). This would be funded through the employee benefit plan and would represent approximately 5% of the total salary cost for this group.
Category 3
(Term for more than six months)
Senators could request that Human Resources hire an individual for a temporary period of over six months. These persons would be deemed to be "employees" with all benefits and entitlements attached thereto. The Senate would then have to assume its share of employee benefits for this new group of employees. For example, between April 1, 1994 and March 31, 1995, 53 contracts were entered into for a period of six months or more and of the 53, 35 were for amounts of at least $30,000. If these 35 only were considered employees and the Senate was required to pay their benefits, this would represent an increase of approximately $136,500 annually to the Senate's share of the employee benefit plan.
Senators could continue to avail themselves of category 1 within the limits prescribed in the Guidelines for Research Expenditures.
Categories 2 and 3 would allow Senators to choose from the full extent of possible options to meet their requirements.
Benefits would be granted to individuals under categories 2 and 3 and would be funded from the Senate Statutory Vote.
Your committee therefore recommends that:
The Guidelines for Research Expenditures be amended to implement categories 2 and 3. These modifications would apply solely to Research contracts in Senators' offices.
Establishing category 2 and 3 would result in an increase in expenditures for employee benefits. However since the Employee Benefits Plan is funded through a statutory vote, this increase will have no impact on the Senate's Operational Budget. Funding for any additional expenditures will automatically be provided by Treasury Board, for this fiscal year. However, for the 1997-1998 fiscal year, the Senate will have to budget for this increase.
These changes will come into effect on the date of the adoption of this report. Employment under all three categories will terminate at the end of the fiscal year.
Respectfully submitted,
COLIN KENNY
Chair
The Honourable Senator Kenny moved, seconded by the Honourable Senator Lewis, 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-61, An Act to implement the Canada-Israel Free Trade Agreement, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Graham moved, seconded by the Honourable Senator Austin, P.C., that the Bill be placed on the Orders of the Day for a second reading on Tuesday, November 19, 1996.
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,
In amendment, the Honourable Senator Bryden moved, seconded by the Honourable Senator Milne, that the Bill be not now read a third time, but that it be amended as follows:
1. Page 1, preamble: Strike out line 1 and substitute the following:
"WHEREAS the Canadian Judicial Council has been consulted with respect to certain provisions of this Act, particularly section 5, and agrees with the purpose of section 5;
NOW, THEREFORE, Her Majesty, by and with the advice and"
2. Pages 4 and 5, clause 5: Strike out lines 11 to 45 on page 4 and lines 1 to 35 on page 5 and substitute the following:
"56.1 (1) Notwithstanding section 55, Madam Justice Louise Arbour of the Ontario Court of Appeal is authorized to take a leave from her judicial duties to serve as Prosecutor of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia and of the International Tribunal for Rwanda.
(2) Madam Justice Louise Arbour may receive moving or transportation expenses and reasonable travel and other expenses, in connection with her service as Prosecutor, from the United Nations.
(3) Madam Justice Louise Arbour may elect to take a leave of absence without pay for the purpose described in subsection (1), in which case she is not entitled to receive any salary or allowances under this Act for the duration of the leave, but may receive remuneration from the United Nations for her service as Prosecutor.
(4) If Madam Justice Louise Arbour elects to take a leave of absence without pay under subsection (3), she shall not continue the contributions required by section 50 for the duration of the leave and that section does not apply to her for the duration of the leave, which duration shall not be counted as time during which she held judicial office for the purposes of sections 28, 29 and 42.
(5) For the purposes of subsections 44(1) and (2), section 46.1 and subsection 47(3), if Madam Justice Louise Arbour dies while on a leave of absence without pay, she is deemed to be in receipt at the time of death of the salary that she would have been receiving if she had not been absent on leave without pay."
After debate,
With leave of the Senate and pursuant to Rule 30, the motion in amendment of the Honourable Senator Nolin was withdrawn.
Resuming the 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 Bryden, seconded by the Honourable Senator Milne.
After debate,
The question being put on the motion in amendment, it was adopted.
Resuming the 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, as amended.
After debate,
The question being put on the motion, it was adopted.
The Bill, as amended, 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 with two amendments, to which they desire their concurrence.
Third reading of Bill C-54, An Act to amend the Foreign Extraterritorial Measures Act.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Bacon, 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.
Resuming debate on the motion of the Honourable Senator Bosa, seconded by the Honourable Senator Adams, for the second reading of Bill C-35, An Act to amend the Canada Labour Code (minimum wage).
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 Bacon, 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.
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Ordered: That the Order of the Day for consideration of the Sixth Report of the Transport and Communications Committee, presented earlier this day, be brought forward.
Consideration of the Sixth Report of the Standing Senate Committee on Transport and Communications (budget-study on transportation safety and security in Canada).
The Honourable Senator Bacon moved, seconded by the Honourable Senator Moore, that the Report be adopted.
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,";"
And on the sub-amendment of the Honourable Senator Cogger, 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 Grafstein moved, seconded by the Honourable Senator Hébert, that further debate on the sub-amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
__________________________________
Pursuant to Rule 38, the Honourable Senator Graham moved, seconded by the Honourable Senator Hébert:
That no later than 5:00 p.m. on Wednesday, November 27, 1996, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of the motion by the Honourable Senator Rompkey, 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) shall be put forthwith without further debate or amendment, and that any votes on any of those questions not be further deferred.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Order No. 3 (Bill S-6) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Tenth Report of the Standing Senate Committee on Banking, Trade and Commerce (power to travel) presented in the Senate on November 5, 1996.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Maheu, that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Other
Orders No. 13, 18 and 15 (inquiries), 22 (motion) and 16 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Graham for the Honourable Senator Bacon moved, seconded by the Honourable Senator Adams:
That the Standing Senate Committee on Transport and Communications have power to sit at 3:30 p.m. on Tuesday, November 26, 1996, with respect to its study of the state of transportation safety and security in Canada, 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.
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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 Mercier:
That when the Senate adjourns today, it do stand adjourned until Monday, November 25, 1996, at 8 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Poulin:
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 Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Anderson (November 5).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senators Rompkey substituted for that of the Honourable Senator Forest (November 6).