Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 81
Wednesday, March 12, 1997
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Bacon Beaudoin Berntson Bolduc Bonnell Bosa Bryden Buchanan Carney Carstairs Cochrane Cogger Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Gustafson Hays Hébert Hervieux-Payette Johnson Keon Kinsella Kirby Kolber Landry Lavoie-Roux Lawson Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Marchand Meighen Mercier Milne Molgat Murray Oliver Pearson Petten Poulin Prud'homme Riel Rivest Rizzuto Roberge Robertson Robichaud Rossiter St. Germain Simard Spivak Stewart Stollery Stratton Taylor Tkachuk Watt
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 Ninth Report (Supplementary Estimates (B), 1996-97).
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.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Roberge, 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.
Notices of Motions
With leave of the Senate,The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool:
That the Standing Senate Committee on Legal and Constitutional Affairs be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
After debate,
In amendment, the Honourable Senator Bonnell moved, seconded by the Honourable Senator Lynch-Staunton, that the motion be amended by adding after the word "proceedings" the following:
"on Bill C-71, An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts,".
The question being put on the motion in amendment, it was adopted.
The question then being put on the main motion, as amended, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-71, An Act to regulate the manufacture, sale, labelling and promotion of tobacco products, to make consequential amendments to another Act and to repeal certain Acts.
The Honourable Senator Lewis moved, seconded by the Honourable Senator Landry, that the Bill be read the second time.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Berntson, 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
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Maheu, for the adoption of the Thirteenth Report of the Standing Senate Committee on Banking, Trade and Commerce (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, with an amendment and a resolution), presented in the Senate on March 11, 1997.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Bacon, that the Bill, as amended, be read the third time now.
After debate,
In amendment, the Honourable Senator Buchanan, P.C., moved, seconded by the Honourable Senator Oliver, that the Bill as amended be not now read a third time but that it be amended:
1. in Clause 93.1 on page 131, by replacing line 29 with the following:
"93.1 Section 5 of Part II of Schedule V to the Act is replaced by the following:
5. A supply (other than a zero-rated supply) made by a medical practitioner of a consultative, diagnostic, treatment or health care service rendered to an individual (other than a surgical or dental service that is performed for cosmetic purposes and not for medical or reconstructive purposes).
93.2 (1) The portion of section 6 of Part II".
2. on page 132, by adding the following after line 24:
"95.1 Section 9 of Part II of Schedule V to the Act is repealed.".
3. in clause 136 on page 156, by replacing lines 30 and 31 with the following:
"provision of Part II of Schedule V and a service related to".
4. on page 157, by adding after line 20 the following:
"136.1 Part II of Schedule VI to the Act is amended by adding the following after section 40:
41. A supply of any property or service but only if, and to the extent that, the consideration for the supply is payable or reimbursed by the government under a plan established under an Act of the legislature of the province to provide for health care services for all insured persons of the province.".
The question being put on the motions in amendment,
With leave of the Senate, recorded divisions were deferred until 3:30 p.m. tomorrow.
Resuming debate on the motion of the Honourable Senator Graham, seconded by the Honourable Senator Bacon, for the third reading of Bill C-70, as amended.
After debate,
In amendment, the Honourable Senator Oliver moved, seconded by the Honourable Senator Kinsella, that the Bill as amended be not now read a third time but that it be amended:
1. in Clause 69
(a) on page 91, by deleting lines 42 to 46;
(b) on page 92, by deleting lines 1 to 4; and
(c) by renumbering subclauses (2) to (12) as subclauses (1) to (11), and any cross-references thereto accordingly.
2. on pages 95 to 98, by deleting clause 69.1.
3. in clause 149.1, on page 164, by replacing line 8 with the following:
"149.1 Schedule VI to the Act is amended by adding the following after Part X:
Part XI
READING MATERIAL
1. A supply of a printed book, but not including anything that is or the main component of which is
(a) a newspaper
(b) a magazine or periodical acquired otherwise than by way of subscription;
(c) a magazine or periodical in which the printed space devoted to advertising is more than 5% of the total printed space;
(d) a brochure or pamphlet;
(e) a sales catalogue, a price list or advertising material;
(f) a warranty booklet or an owner's manual;
(g) a book designed primarily for writing on;
(h) a colouring book or a book designed primarily for drawing on or affixing thereto, or inserting therein, items such as clippings, pictures, coins, stamps or stickers;
(i) a cut-out book or a press-out book;
(j) a program relating to an event or performance;
(k) an agenda, calendar, syllabus or timetable;
(l) a directory, an assemblage of charts or an assemblage of street or road maps, but not including,
(i) a guidebook, or
(ii) an atlas that consists in whole or in part of maps other than street or road maps;
(m) a rate book;
(n) an assemblage of blueprints, patterns or stencils;
(o) prescribed property; or
(p) an assemblage or collection of, or any item similar to, items included in any of paragraphs (a) to (o).
149.2(1) Section 4 of Schedule VII to the".
The question being put on the motions in amendment,
With leave of the Senate, recorded divisions were deferred until 3:30 p.m. tomorrow.
Resuming debate on the motion of the Honourable Senator Graham, seconded by the Honourable Senator Bacon, for the third reading of Bill C-70, as amended.
After debate,
In amendment, the Honourable Senator Cochrane moved, seconded by the Honourable Senator Simard, that the Bill as amended be not now read a third time but that it be amended on page 365, by adding after line 40 the following:
"269.1(1) The portion of subsection 122.5(3) of the Act before paragraph (a) is replaced by the following:
(3) Where a return of income (other than a return of income filed under subsection 70(2), paragraph 104(23)(d) or 128(2)(e) or subsection 150(4)) is filed under this Part for a taxation year in respect of an eligible individual resident in a non-participating province as defined in subsection 123(1) of the Excise Tax Act and the individual applies therefor in writing, 1/4 of the amount, in any, by which the total of
(2) The Act is amended by adding the following after subsection 122.5(3):
(3.1) Where a return of income (other than a return of income filed under subsection 70(2), paragraph 104(23)(d) or 128(2)(e) or subsection 150(4)) is filed under this Part for a taxation year in respect of an eligible individual resident in a participating province as defined in subsection 123(1) of the Excise Tax Act and the individual applies therefor in writing, 1/4 of the amount, in any, by which the total of
(a) $407,
(b) $407 for a person who is the qualified relation of the individual for the year,
(c) $407, where the individual has no qualified relation for the year and is entitled to deduct an amount for the year under subsection 118(1) by reason ofparagraph (b) thereof in respect of a qualified dependant of the individual for the year,
(d) the product obtained when $214 is multiplied by the number of qualified dependants of the individual for the year, other than a qualified dependant in respect of whom an amount is included by reason ofparagraph (c) in computing an amount deemed to be paid under this subsection for the year, and
(e) where the individual has no qualified relation for the year, the lesser of
(i) $214, and
(ii) 4.3% of the amount, if any, by which
(A) the individual's income for the year
exceeds
(B) the amount determined for the year for the purposes of paragraph 118(1)(c),
exceeds
(f) 5% of the amount, if any, by which
(i) the individual's adjusted income for the year
exceeds
(ii) $25,921,
shall be deemed to be an amount paid by the individual on account of the individual's tax payable under this Part for the year during each of the months specified for that year under subsection (4).".
The question being put on the motion in amendment,
With leave of the Senate, a recorded division was deferred until 3:30 p.m. tomorrow.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Losier-Cool, for the adoption of the Sixteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-3, An Act to amend the Criminal Code (plea bargaining)), presented in the Senate on November 7, 1996.
After debate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Robertson, that the Report be not now adopted but that it be referred back to the Standing Senate Committee on Legal and Constitutional Affairs for further consideration.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Forest, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Other
Orders No. 31 (inquiry), 22 (motion), 15, 30 (inquiries),90, 88 (motions), 21, 25 and 24 (inquiries) were called and postponed until the next sitting.
Order No. 27 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator Oliver called the attention of the Senate to a report submitted to the Canadian Human Rights Commission (CHRC) by John Samuel and Associates Inc., entitled Visible Minorities and the Public Service of Canada.
After debate,
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Hébert, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Pearson moved, seconded by the Honourable Senator Anderson:
That the papers and evidence received and taken by the Standing Senate Committee on Aboriginal Peoples during its consideration of the subject-matter of Bill S-10, an Act providing for self-government by the first nations of Canada, in the First Session of the Thirty-fifth Parliament, be referred to the Committee for its present study of Bill S-12, An Act providing for the self-government by the first nations of Canada.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Maheu:
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 Legal and Constitutional Affairs
The names of the Honourable Senators Milne and Moore substituted for those of the Honourable Senators Anderson and Bryden (March 11).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators St. Germain, Meighen and Kelleher substituted for those of the Honourable Senators Comeau, Cochrane and Buchanan (March 11).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Anderson substituted for that of the Honourable Senator Hays (March 12).