Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 83
Tuesday, March 18, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Anderson Andreychuk Angus Atkins Beaudoin Berntson Bosa Charbonneau Cogger Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle Fairbairn Forest Gigantès Grafstein Grimard Gustafson Haidasz Hébert Hervieux-Payette Kelleher Kelly Kinsella Kirby Kolber Lavoie-Roux Lewis Losier-Cool Lynch-Staunton Maheu Mercier Milne Molgat Nolin Oliver Pearson Petten Poulin Prud'homme Rivest Robichaud Simard Spivak Stanbury Stewart Stollery Taylor Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Government Notices of Motions
With leave of the Senate,The Honourable Senator Stanbury moved, seconded by the Honourable Senator Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, March 19, 1997, at 1:30 p.m.
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 4:00 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
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A Point of Order was raised challenging the right of the Honourable Senator Stanbury to give a Government Notice of Motion on Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances.
After debate,
The Speaker reserved his decision until later this day.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until later this day.
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Milne, for the second reading of Bill S-13, An Act to amend the Criminal Code (protection of health care providers).
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Forest, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Private Bills
Third reading of Bill S-15, An Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada.
The Honourable Senator Kinsella for the Honourable Senator Meighen moved, seconded by the Honourable Senator Milne, 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 to which they desire their concurrence.
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-23, An Act to establish the Canadian Nuclear Safety Commission and to make consequential amendments to other Acts.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Milne, that the Bill be read the third time.
In amendment, the Honourable Senator Spivak moved, seconded by the Honourable Senator DeWare, that the Bill be not now read a third time but that it be amended in clause 2, on page 2, by replacing lines 5 to 9 with the following:
""Minister" means the Minister of the Environment.".
After debate,
The question being put on the motion in amendment, it was negatived on division.
The question then being put on the motion of the Honourable Senator Taylor, seconded by the Honourable Senator Milne, for the third reading of Bill C-23, 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.
OTHER BUSINESS
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Resuming debate on the consideration of the Sixth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Interim Report on Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances), presented in the Senate on March 4, 1997.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Doyle, that the Interim Report concerning Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances, be not now proceeded with but be returned to the Standing Senate Committee on Energy, the Environment and Natural Resources with instructions to implement the recommendation found on page 40 of the Interim Report, to wit:
"We recommend that the Royal Society of Canada undertake a thorough assessment of all information pertinent to Bill C-29 and report its findings back to the Committee at its earliest opportunity"; and
That the Senate do not proceed with further consideration of Bill C-29 until after the Committee has tabled such findings in the Senate.
After debate,
The Honourable Senator Taylor moved, seconded by the Honourable Senator Mercier, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
SPEAKER'S RULING
Honourable senators, this might be an opportune time for me to rule on the point of order raised earlier this day by the Leader of the Opposition. The point of order was whether Senator Stan bury could, indeed, proceed to act as the Acting Deputy Leader of the Government for the purposes of the motion he had made.
I did not want to rule immediately because I first wanted to be sure that there was nothing in the books establishing how one becomes the Deputy Leader of the Government or the Deputy Leader of the Opposition. Indeed, there is nothing in the books. It has been by precedent.
The practice in the past, and I believe it has occurred on both sides of the chamber, is that the person who sits in the chair of the Deputy Leader, either of the Government or the Opposition, is deemed to have that authority. If honourable senators will check back, they will find that, on both sides, it has happened that that person has acted in that position. The book does not say anything else, so I must operate on the basis of precedent.
Further, today, the Senate did accept that Senator Stanbury indeed had the right to proceed since, at the early part of the day's proceedings, under Government Notices of Motions, Senator Stanbury rose and asked leave of the Senate to move a motion, and no point of order was raised.
I therefore rule that the motion made by Honourable Senator Stanbury is in order.
Reports of Committees
Order No. 4 was called and postponed until the next sitting.
Order No. 5 was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Other
Order No. 25 (inquiry) was called and postponed until the next sitting.
Resuming the debate on the inquiry of the Honourable Senator Oliver calling the attention of the Senate to a report submitted to the Canadian Human Rights Commission (CHRC) byJohn Samuel and Associates Inc., entitled: Visible Minorities and the Public Service of 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.
Orders No. 31 (inquiry), 22 (motion), 15, 30 (inquiries),90, 88 (motions) and 21 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Milne called the attention of the Senate to the recent funeral of Canadian servicemen whose plane crashed in Burma in 1945.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Forrestall 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Export Development Corporation, including its accounts and financial statements certified by the Auditor General, for the year ended December 1996, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1). -Sessional Paper No. 2/35-612.
Summary of the Corporate Plan for 1997-2001 and the 1997 Capital Budget of the Royal Canadian Mint pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 150(1). -Sessional Paper No. 2/35-613.
Report of the Canadian Coast Guard (Ship Safety) on exemptions issued to Masters, Mates and Engineers for the year 1996, pursuant to the Canada Shipping Act, R.S.C. 1985, c. S-9, sbs. 132(2).-Sessional Paper No. 2/35-614.
Summaries of the Corporate Plans for 1997 to 2001 and of the Capital Budgets for 1997 of the Canada Ports Corporation, Halifax Port Corporation, Montréal Port Corporation, Prince Rupert Port Corporation, Port of Québec Corporation, Saint John Port Corporation, St. John's Port Corporation and Vancouver Port Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional PaperNo. 2/35-615.
Summaries of the amended Corporate Plan for 1996-2000 and Capital Budget for 1996 of the Port of Québec Corporation, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11, sbs. 125(4).-Sessional Paper No. 2/35-616.
Summaries of the Corporate Plan for 1997 to 2001 and of the Operating and Capital Budgets for 1997 of Marine Atlantic Inc., and summaries of the Corporate Plans of its subsidiaries for 1997-2001, pursuant to the Financial Administration Act,R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional PaperNo. 2/35-617.
Report of the Governor of the Bank of Canada and Statement of Accounts for the year 1996, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3). -Sessional PaperNo. 2/35-618.
ADJOURNMENT
The Honourable Senator Stanbury 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.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Special Committee of the Senate on the Cape Breton Development Corporation
The name of the Honourable Senator Bonnell substituted for that of the Honourable Senator Stanbury (March 13).
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Landry, Riel and Whelan substituted for those of the Honourable Senators Bosa, Kenny and Stanbury (March 18).
Standing Senate Committee on National Finance
The names of the Honourable Senators Taylor and Moore substituted for those of the Honourable Senators Mercier and Bosa (March 18).