Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 71
Thursday, February 13, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Atkins Austin Bacon Beaudoin Bosa Bryden Buchanan Carstairs
Cochrane Cogger Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle
Fairbairn Forrestall Gigantès Grafstein Graham Grimard Gustafson Haidasz Hays
Hébert Hervieux-Payette Jessiman Johnson Kelleher Kenny Keon Kinsella Landry
LeBreton Lewis
Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Meighen Mercier
Milne Molgat Moore Murray Nolin Pearson Petten Phillips Poulin Prud'homme Riel
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, presented its Eighth Report (Bill C-270, An Act to amend the Financial Administration Act (session of Parliament)) without amendment.
The Honourable Senator Graham moved, seconded by the Honourable Senator Riel, P.C., that the Bill 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.
The Honourable Senator Carstairs, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Twentieth Report (Bill C-53, An Act to amend the Prisons and Reformatories Act) without amendment.
The Honourable Senator Milne moved, seconded by the Honourable Senator Anderson, that the Bill 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-60, An Act to establish the Canadian Food Inspection Agency and to repeal and amend others Acts as a consequence, 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 Losier-Cool, 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.
Reading of Petitions for Private Bills
The Third Report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 2/35-571S) and reads as follows:-
THURSDAY, February 13, 1997
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present his
THIRD REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-
Of The Bishop of the Arctic, of the city of Yellowknife, in the Northwest Territories praying for the passage of an Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada.
Respectfully submitted,
GARY W. O'BRIEN
Examiner of Petitions for Private Bills
The following petition was read and received:-
Of The Bishop of the Arctic, of the city of Yellowknife, in the Northwest Territories praying for the passage of an Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada.
Introduction and First Reading of Private Bills
The Honourable Senator Meighen presented a Bill S-15, An Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada.
The Bill was read the first time.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson, that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, February 18, 1997.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-5, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and the Income Tax Act, as amended.
The Honourable Senator Graham moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill, as amended, be read the third time.
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 certain amendments, to which they desire their concurrence.
Third reading of 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, as amended.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Mercier, that the Bill, as amended, be read the third time.
After debate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Jessiman, that the Bill be not now read a third time but that it be amended in clause 2, on page 6, by replacing line 15 with the following:
"marriage, unless the conduct is so unconscionable as to constitute an obvious and gross repudiation of the relationship.".
With leave of the Senate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Robertson, that the Bill be not now read a third time but that it be amended in clause 22,
(a) on page 18, by replacing lines 4 and 5 with the following:
"cate or an authorization of any kind, but does not include a passport within the meaning of sec-";
(b) on page 19, by deleting lines 13 to 15;
(c) on page 22, by
(i) deleting the title immediately preceding line 36, and
(ii) deleting lines 36 to 46; and
(d) on pages 19 to 24, by renumbering sections 67 to 82 as 66 to 80, and any cross-references thereto accordingly.
With leave of the Senate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Robertson, that the Bill be not now read a third time but that it be amended in the Schedule, onpage 33, by deleting the title "Canadian Passport Order" and the item "Passport Passeport" thereunder.
The question being put on the motions, it was negatived on the following division:
YEAS
The Honourable Senators
Atkins Cools DeWare Doyle Grimard Halifax Jessiman Kinsella LeBreton Lynch-Staunton Murray Phillips Prud'homme Robertson Simard St. Germain Tkachuk-17
NAYS
The Honourable Senators
Adams Anderson Austin Bacon Bosa Bryden Carstairs Corbin De Bané Fairbairn Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Johnson Landry Losier-Cool Maheu Mercier Milne Pearson Petten Poulin Riel Rizzuto Robichaud Rompkey Stanbury Stewart Watt Wood-34
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Losier-Cool, seconded by the Honourable Senator Mercier, for the third reading of Bill C-41, as amended, it was adopted on division.
The Bill, as amended, was then read the third time and passed on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, with certain amendments, to which they desire their concurrence.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Order No. 21 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Murray, P.C., 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 Hébert moved, seconded by the Honourable Senator Corbin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 25, 24, 15, 27 (inquiries) and 22 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator DeWare moved, seconded by the Honourable Senator Kinsella:
That notwithstanding the Order of the Senate adopted onJune 19, 1996, the Standing Senate Committee on Social Affairs, Science and Technology be authorized to present the final report of its study on the serious state of post-secondary education in Canada, no later than May 15, 1997.
The question being put on the motion, it was adopted.
The Honourable Senator Kinsella for the Honourable Senator Comeau moved, seconded by the Honourable Senator DeWare:
That the Standing Senate Committee on Fisheries be authorized to examine and report upon the questions of privatisation and quota licensing in Canada's fisheries, and;
That the Committee submit its final report to the Senate no later than March 31, 1998.
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 Pearson:
That when the Senate adjourns today, it do stand adjourned until Monday next, February 17, 1997, at 8:00 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on Government Annuities, including its accounts and financial statements certified by the Auditor General, for the fiscal year ended March 31, 1996, pursuant to the Government Annuities Improvement Act, S.C. 1974-75-76, c. 83,s. 18(1).-Sessional Paper No. 2/35-570.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Haidasz, P.C.:
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 Fisheries
The name of the Honourable Senator Perrault substituted for that of the Honourable Senator Moore (February 12).