Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 70
Wednesday, February 12, 1997
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Angus Atkins Austin Bacon Beaudoin Bolduc Bosa Buchanan Carstairs Cochrane Cogger Cohen Comeau Cools De Bané DeWare Di Nino Doody Doyle Fairbairn Forrestall Ghitter Gigantès Grafstein Graham Grimard Gustafson Haidasz Hébert Hervieux-Payette Jessiman Johnson Kelleher Kenny Keon Kinsella Kolber LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Mercier Milne Molgat Moore Murray Pearson Petten Phillips Poulin Prud'homme Riel Rivest Rizzuto Roberge Robertson Robichaud Rompkey Rossiter St. Germain Simard Spivak Stanbury Stewart Stollery Taylor Tkachuk Twinn Watt Wood
PRAYERS.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on National Finance, Tabled its Seventh Report (Main Estimates 1995-96-Canada Health and Social Transfer (CHST)).-Sessional Paper No. 2/35-569S.
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-70, An Act to amend the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Act, the Debt Servicing and Reduction Account Act and related Acts, 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 Wood, that the Bill be placed on the Orders of the Day for a second reading on Monday next,February 17, 1997.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,The Honourable Senator Stewart moved, seconded by the Honourable Senator Lewis:
That the Standing Senate Committee on Foreign Affairs have power to sit at 3:00 p.m. on Tuesday next, February 18, 1997, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming the debate on the motion of the Honourable Senator Bosa, seconded by the Honourable Senator Moore, for the second reading of Bill C-57, An Act to amend the Bell Canada Act.
After debate,
The question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Graham moved, seconded by the Honourable Senator Moore, that the Bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Maheu, for the adoption of the Twelfth Report of the Standing Senate Committee on Banking, Trade and Commerce (Bill C-5, An Act to amend the Bankruptcy Act, the Companies' Creditors Arrangement Act and the Income Tax Act, with amendments, observations and recommendations), presented in the Senate on February 4, 1997.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Graham moved, seconded by the Honourable Senator Stanbury, that the Bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 4 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Forest, for the adoption of the Fifteenth Report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Estimates 1997-98), presented in the Senate on February 4, 1997.
After debate,
The question being put on the motion, it was adopted.
Resuming the debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Forest, for the adoption of the Fourteenth Report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Supplementary Estimates 1996-97), presented in the Senate on February 4, 1997.
After debate,
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Order No. 6 was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Other
Orders No. 25, 24, 15, 27 (inquiries) and 22 (motion) were called and postponed until the next sitting.
Resuming the debate on the inquiry of the Honourable Senator Keon calling the attention of the Senate to issues concerning the Canada Health Act and other matters related to health care in Canada.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Doyle, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave,The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator DeWare, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Thirteenth Report (Bill C-41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act) with certain amendments.
The Report was then read by one of the Clerks at the Table, as follows:
WEDNESDAY, February 12, 1997
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
THIRTEENTH REPORT
Your Committee, to which was referred Bill C-41, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, has, in obedience to the Order of Reference of Thursday, November 28, 1996, examined the said Bill and now reports the same with the following amendments:
1. Page 2, clause 1, :strike out lines 9 and 10 and substitute the following:
"of illness, disability or other cause, to with-"
2. Page 13, clause 11: strike out line 40 and substitute the fol lowing:
"(2) The guidelines shall be based on the principle that spouses have a joint financial obligation to maintain the children of the marriage in accordance with their relative abilities to contribute to the performance of that obligation.
(3) In subsection (1), "order for child "
The Committee received three letters which were read into the record and are appended to this report.
The Minister of Justice and Attorney General of Canada, the Honourable Allan Rock, in his letter of 12th February 1997 to the Chair of the Committee confirmed that the "government will take the steps necessary to introduce a motion in this session to establish a Joint Senate - House of Commons Committee to study issues related to custody and access under the Divorce Act. The government is offering this commitment in response to concerns raised by some Senators, on behalf of non-custodial parents, who believe that this issue should be re-examined."
The Deputy Minister of Justice, Mr. George Thomson, confirmed that the following amendment will be made toSection 9 of the January draft of the Federal Child Support Guidelines.
Shared Custody
Replace section 9 of the January 22, 1997 draft Federal Child Support Guidelines with the following:
9. Where a spouse exercises a right of access to, or has physical custody of, a child for not less than 40% of the time over the course of a year, the amount of the child support order shall be determined by taking into account
(a) the amounts set out in the applicable tables for each of the spouses;
(b) the increased costs of shared custody arrangements; and
(c) the conditions, means, needs and other circumstances of each spouse and of any child of the marriage for whom support is sought.
In his letter, Mr. Thomson stated that "This amendment will be included in the Guidelines which we hope will be in effect on May 1, 1997 (depending on the date that Bill C-41, receives Royal Assent) and will remain in effect for a period of time thereafter sufficient to allow it to be evaluated."
The Honourable Leader of the Government in the Senate, Senator Joyce Fairbairn, by her letter confirmed her support for "a motion to ask your Committee to monitor the implementation and application of Bill C-41, and its associated guidelines."
Respectfully submitted,
MABEL M. DeWARE
Chair
(The Appendix to the Report is printed as Appendix "B" at pages 903-905.)
With leave of the Senate,
The Honourable Senator DeWare moved, seconded by the Honourable Senator Losier-Cool, that the Report be adopted now.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Graham moved, seconded by the Honourable Senator Losier-Cool, that the Bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
With leave of the Senate,The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Robertson:
That the question of the adequacy of the response of the chain of command of the Canadian Forces - ministerial, civilian, and military - to the operational, disciplinary, and administrative problems relating to the deployment of the Canadian Airborne Regiment in Somalia be referred to the Standing Senate Committee on Foreign Affairs.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Stanbury:
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 andTechnology
The name of the Honourable Senator Milne substituted for that of the Honourable Senator Pearson (February 11).