Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 82
Thursday, March 13, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Bacon Beaudoin Berntson 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 Haidasz Hays Hébert Hervieux-Payette Johnson Keon Kinsella Landry Lavoie-Roux Lawson Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Marchand Meighen Mercier Milne Molgat Murray Nolin Oliver Pearson Petten Pitfield Poulin Prud'homme Riel Rivest Rizzuto Roberge Robertson Robichaud Rompkey Rossiter Simard Sparrow Spivak Stewart Stollery Stratton Taylor Tkachuk 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 Carstairs presented the following:
THURSDAY, March 13, 1997
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-SECOND REPORT
Your Committee, to which was referred Bill S-10, An Act to amend the Criminal Code (criminal organization), has, in obedience to the Order of Reference of Tuesday, December 10, 1996, examined the said Bill and now reports as follows:
Your Committee recommends that this Bill not be proceeded with further in the Senate at this time.
Your Committee notes that any Senator who wishes to have a Senate committee conduct a special study on organized crime may propose a motion to that effect in the Senate.
Respectfully submitted,
SHARON CARSTAIRS
Chair
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Taylor, 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 Carstairs presented the following:
THURSDAY, March 13, 1997
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-THIRD REPORT
Your Committee, to which was referred Bill S-15, An Act to amend an Act to incorporate the Bishop of the Arctic of the Church of England in Canada, has, in obedience to the Order of Reference of Tuesday, February 18, 1997, examined the said Bill and now reports the same without amendment but with the following recommendation:
Your Committee has concerns about the types of situations in which Parliament is being asked to deal with issues of private incorporation. It therefore recommends that the Government review the law of general application with respect to corporations, with a view to providing petitioners with alternatives to private Acts of Parliament, where these alternatives do not currently exist.
Respectfully submitted,
SHARON CARSTAIRS
Chair
The Honourable Senator Nolin moved, seconded by the Honourable Senator Meighen, 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 Ghitter presented the following:
THURSDAY, March 13, 1997
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
NINTH REPORT
Your Committee, which was referred the Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Wednesday, March 5, 1997, examined the said Bill and now reports the same without amendment, but with the following recommendation:
The Committee unanimously recommends that the government direct that the Canadian Nuclear Safety Commission and Atomic Energy of Canada report to separate Ministers in order to reflect the important distinction between the regulatory aspects of the legislation and the research, development and marketing organization for nuclear energy.
Respectfully submitted,
RON GHITTER
Chairman
The Honourable Senator Taylor moved, seconded by the Honourable Senator Mercier, 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 C-87, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1997, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Marchand, P.C., that the Bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a C-88, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998, to which they desire the concurrence of the Senate.
The Bill was read the first time.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator De Bané, P.C., that the Bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Robertson tabled the following:
Report of the parliamentary delegation that went to Beirut at the invitation of the National Assembly of Lebanon, to Amman at the invitation of the Senate of Jordan, and to Sana'a at the invitation of the Parliament of Yemen, from March 30 toApril 10, 1996.-Sessional Paper No. 2/35-610S.
Presentation of Petitions
The Honourable Senator Di Nino presented petitions:
Of Residents of the Province of British Columbia concerningBill S-11, An Act to amend the Excise Tax Act.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Graham tabled the following:
Reply to Question No. 162, dated December 11, 1996, appearing on the Order Paper in the name of the Honourable Senator Tkachuk, respecting total costs incurred by theRoyal Commission on Aboriginal Peoples.-Sessional PaperNo. 2/35-611S.
ORDERS OF THE DAY
Ordered, That Order No. 2 under OTHER BUSINESS, Reports of Committees be brought forward.
Consideration of the Ninth Report of the Standing Senate Committee on National Finance (Supplementary Estimates (B) 1996-97) presented in the Senate on March 12, 1997.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Roberge, that the Report be adopted.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills
Second reading of C-87, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1997.
The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
With leave of the Senate,
The Honourable Senator DeBané, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the third time now.
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.
Second reading of C-88, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1998.
The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
With leave of the Senate,
The Honourable Senator DeBané, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the third time now.
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.
DEFERRED DIVISIONS
At 3:30 p.m. the Senate proceeded to the taking of the deferred divisions on the motions in amendment to the motion of the Honourable Senator Graham, seconded by the Honourable Senator Bacon, for the third reading of 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, as amended.
The question was put on the motion in amendment of the Honourable Senator Cochrane, 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 insubsection 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 motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Carney Cochrane Cogger Comeau Cools DeWare Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Johnson Keon Kinsella Lavoie-Roux Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Rivest Roberge Robertson Rossiter Simard Sparrow Spivak Stratton Tkachuk-37
NAYS
The Honourable Senators
Adams Anderson Bacon Bonnell Bosa Bryden Carstairs Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Landry Lawson Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Molgat Pearson Petten Pitfield Poulin Prud'homme Riel Rizzuto Robichaud Rompkey Stewart Stollery Taylor Watt Wood-42
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Oliver, seconded by the Honourable Senator Kinsella, that the Bill as amended be not now read a third time but that it be amended in clause 149.1, on page 164, by replacingline 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 motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Carney Cochrane Cogger Comeau DeWare Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Johnson Keon Kinsella Lavoie-Roux Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Rivest Roberge Robertson Rossiter Simard Spivak Stratton Tkachuk-35
NAYS
The Honourable Senators
Adams Anderson Bacon Bonnell Bosa Bryden Carstairs Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Landry Lawson Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Pearson Petten Pitfield Poulin Prud'homme Riel Rizzuto Robichaud Rompkey Stewart Stollery Taylor Watt Wood-41
ABSTENTIONS
The Honourable Senators
Cools Sparrow-2
The question was put on the motion in amendment of the Honourable Senator Oliver, seconded by the Honourable Senator Kinsella, that the Bill as amended be not now read a third time but that it be amended:
1. on pages 95 to 98, by deleting clause 69.1.
2. 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) assubclauses (1) to (11), and any cross-references thereto accordingly.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Carney Cochrane Cogger Comeau Cools DeWare Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Johnson Keon Kinsella Lavoie-Roux Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Rivest Roberge Robertson Rossiter Simard Sparrow Spivak Stratton Tkachuk-37
NAYS
The Honourable Senators
Adams Anderson Bacon Bonnell Bosa Bryden Carstairs Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Landry Lawson Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Molgat Pearson Petten Pitfield Poulin Prud'homme Riel Rizzuto Robichaud Rompkey Stewart Stollery Taylor Watt Wood-42
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Buchanan, P.C., seconded by the Honourable Senator Oliver, that the Bill as amended be not now read a third time but that it be amended:
1. 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.".
2. 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".
3. 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.".
4. 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".
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Carney Cochrane Cogger Comeau DeWare Di Nino Doody Doyle Forrestall Ghitter Grimard Gustafson Johnson Keon Kinsella Lavoie-Roux Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Rivest Roberge Robertson Rossiter Simard Spivak Stratton Tkachuk-35
NAYS
The Honourable Senators
Adams Anderson Bacon Bonnell Bosa Bryden Carstairs Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Landry Lawson Lewis Losier-Cool Lucier Maheu Marchand Mercier Milne Pearson Petten Pitfield Poulin Prud'homme Riel Rizzuto Robichaud Rompkey Stewart Stollery Taylor Watt Wood-41
ABSTENTIONS
The Honourable Senators
Cools Sparrow-2
The question then being put on the motion of the Honourable Senator Graham seconded by the Honourable Senator Bacon, for the third reading of Bill C-70, An Act to amend the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, theIncome Tax Act, the Debt Servicing and Reduction Account Act and related Acts, 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 an amendment to which they desire their concurrence.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Landry, for the 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.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Graham for the HonourableSenator Lewis moved, seconded by the Honourable Senator Haidasz, P.C., that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
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 thenext sitting.
Reports of Committees
Orders No. 1, 3, 4 and 5 were called and postponed until the next sitting.
Other
Orders No. 33, 31 (inquiries), 22 (motion), 15, 30 (inquiries), 90, 88 (motions) and 21 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Cools, calling the attention of the Senate to the Airbus Affair and the accusations against Former Prime Minister Brian Mulroney contained in a Department of Justice document that Mr. Mulroney was, "involved in a criminal conspiracy to accept payments for influencing Air Canada's decision to buy airplanes from Airbus"; and to the fact that this affair is causing deformity, embarrassment to and suspicion of the system; and to the handling of these matters; and to the erosion of parliamentary process; and to the damage caused to parliamentary government, to the Prime Minister's Office, to the principle of ministerial responsibility, and to Parliament, and to Senators, including myself, who voted on Bill C-129, the bill to privatize Air Canada, on August 4, 1988, in the Standing Senate Committee on Banking, Trade and Commerce; and to the belief that Parliament, in the interest of public confidence and integrity, should take cognizance of these matters and take these matters into Parliament's consideration.
After debate,
The Honourable Senator Kinsella for the Honourable Senator LeBreton moved, seconded by the Honourable Senator DeWare, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 24 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
MOTIONS
The Honourable Senator Bacon moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Transport and Communications have power to sit at 3:30 p.m. onTuesday, April 8, 1997, for its study of Bill C-216, An Act to amend the Broadcasting Act, 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.
The Honourable Senator DeWare moved, seconded by the Honourable Senator Rossiter:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to monitor the implementation and application 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, and the associated Federal Child Support Guidelines; and
That the Committee present its report no later thanJune 30, 1998.
The question being put on the motion, it was adopted.
____________________________________
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 Tuesday next, March 18, 1997, 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 Robichaud, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
____________________________________
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 Cohen substituted for that of the Honourable Senator Doyle (March 12).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Austin and Perrault substituted for those of the Honourable Senators Mercier and Milne (March 13).
Standing Senate Committee on Fisheries
The name of the Honourable Senator Marchand substituted for that of the Honourable Senator Bonnell (March 13).