Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 86
Tuesday, April 8, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Beaudoin Berntson Bryden Carstairs Cochrane
Cogger Cohen Cools Corbin
De Bané DeWare Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Graham
Haidasz Hays Hébert
Hervieux-Payette Jessiman Kelleher Kelly Kenny Keon Kinsella Kolber Landry
Lavoie-Roux LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax)
Maheu Mercier Milne Molgat Moore Murray Nolin Oliver Pearson Pépin Petten
Poulin Rivest Rizzuto Roberge Rompkey Rossiter Simard Stanbury Stewart Stratton
Taylor Tkachuk Twinn Watt Wood
PRAYERS
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a Certificate from the Registrar General of Canada showing that Lucie Pépin had been summoned to the Senate.
The Honourable the Speaker informed the Senate that there was a Senator without waiting to be introduced.
The Honourable Senator Pépin was introduced between the Honourable Senator Fairbairn, P.C., and the Honourable Senator Mercier, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Frank Iacobucci(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved
LUCIE PÉPIN
of St-Jean-sur-Richelieu, in the Province of Quebec,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the Division of Shawinegan in Our Province of Quebec.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Frank Iacobucci, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this eighth day of April, in the year of Our Lord one thousand nine hundred and ninety-seven and in the forty-sixth year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada
The Honourable Senator Pépin came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.
The Honourable the Speaker informed the Senate that the Honourable Senator Pépin had made and subscribed the Declaration of Property Qualification required of her by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Annual Report of the Commissioner of Official Languages for the calendar year 1996, pursuant to the Official Languages Act, R.S.C. 1985 (4th Supp.), c. 31, s. 66.-Sessional PaperNo. 2/35-639.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Hébert presented the following:
TUESDAY, April 8, 1997
The Committee of Selection has the honour to present its
FIFTH REPORT
Pursuant to Rule 85(1)(b) of the Rules of the Senate, your Committee submits herewith the list of Senators nominated by it to serve on the Special Committee of the Senate on the Canadian Airborne Regiment in Somalia:
The Honourable Senators Balfour, Bryden, De Bané, *Fairbairn (or Graham), Grafstein, *Lynch-Staunton(or Kinsella, acting), Murray, Phillips, and Rompkey.
*Ex officio members
Respectfully submitted,
Jacques Hébert
Chairman
With leave of the Senate,The Honourable Senator Hébert moved, seconded by the Honourable Senator Pépin, that the Report be adopted now.
The question being put on the motion, it was adopted.
Government Notices of Motions
With leave of the Senate,The Honourable Senator Graham moved, seconded by the Honourable Senator Pépin:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 9, 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, at 3:15 p.m. tomorrow, Wednesday, April 9, and at 3:30 p.m. on Thursday, April 10, 1997, even though the Senate may then be sitting, and thatRule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-32, An Act to amend the Copyright Act.
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Moore, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Grimard moved, seconded by the Honourable Senator Doyle, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-81, An Act to implement the Canada-Chile Free Trade Agreement and related agreements.
The Honourable Senator De Bané, P.C. moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read the second time.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Graham moved, seconded by the Honourable Senator Corbin:
That pursuant to Rule 39, not more than six hours of debate be allotted to the consideration of the motion by the Honourable Senator Kenny for third reading of Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances;
That when debate comes to an end or when the time provided for the consideration of the said motion has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the said motion; and
That any recorded vote or votes on the said questions shall be taken in accordance with the provisions of Rule 39(4).
A Point of Order was raised as to the acceptability of the motion.
Debate.
SPEAKER'S RULING
I have been following the Rules while the discussion was going on. I must agree with what the Honourable Senator Kinsella says, namely, that Rule 39(1) states that:
Such motion shall be placed on the Orders of the Day under "Government Motions" for the next sitting day.
On checking the Journals of the Senate for the next day, which was March 19 and 20, the motion did appear on the Ord ers of the Day under "Government Motions". It was called and postponed until the next sitting.
If you go to Rule 27(1), the Rule clearly states that:
Government Business shall be called and considered in such sequence as the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate shall determine.
That leaves the complete responsibility in the hands of the Leader of the Government in the Senate or in the hands of the Deputy Leader of the Government to call or not to call an item and in whatever order.
I therefore find that, as far as the present Rules are concerned, the procedure that has been followed is proper and the point of order is not valid.
It may well be that Honourable Senators think that the Rule should be changed. As I work with the Rules, I find many changes that are necessary in my view. However, it is not within my responsibility to do so. Under the present Rules, I find that the procedure is proper and the debate can continue.
Accordingly, the question being put on the motion of the Honourable Senator Graham, it was adopted on division.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Commons Public Bills
Second reading of Bill C-300, An Act respecting the establishment and award of a Canadian Peacekeeping Service Medal for Canadians who have served with an international peacekeeping mission.
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator De Bané, 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.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Carstairs, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Twenty-second Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-10, An Act to amend the Criminal Code (criminal organization)), presented in the Senate on March 13, 1997.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Taylor, that the Report be adopted.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Other
Orders No. 33, 34, 25, 31, (inquiries), 22 (motion),15, 30 (inquiries), 90 (motion) and 21 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Wood called the attention of the Senate to English health care services in the province of Quebec.
After debate,
The Honourable Senator Wood moved, seconded by the Honourable Senator Pépin, 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 Kinsella for the Honourable Senator Buchanan, P.C., moved, seconded by the Honourable Senator Stratton:
That the Senate request that the Minister for International Trade accept the invitation of the Standing Senate Committee on Energy, the Environment and Natural Resources to appear and give evidence relating to Canada's international trade obligations and their effects on Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances, with particular reference to the Minister's letter of February 23, 1996 to the Minister of the Environment in which he said: "An import prohibition on MMT would be inconsistent with Canada's obligations under WTO and the NAFTA: (1) it would constitute an impermissible prohibition on imports, particularly if domestic production, sale or use is not similarly prohibited; and (2) it could not be justified on health or environmental grounds, given current scientific evidence."
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 1997-2001 and the 1997 Operating and Capital Budgets of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional PaperNo. 2/35-623.
Report of the Canadian Human Rights Commission for the year 1996, pursuant to the Canadian Human Rights Act,R.S.C. 1985, c. H-6, s. 61(3).-Sessional Paper No. 2/35-624.
Report of the Atlantic Pilotage Authority, together with the Auditor General's Report, for the year 1996, pursuant to the Financial Administration Act. R.S.C. 1985, c. F-11,sbs. 150(1).-Sessional Paper No. 2/35-625.
Report of the Laurentian Pilotage Authority, together with the Auditor General's Report, for the year 1996, pursuant to the Financial Administration Act. R.S.C. 1985, c. F-11,sbs. 150(1).-Sessional Paper No. 2/35-626.
Report of the Great Lakes Pilotage Authority Ltd., together with the Auditor General's Report, for the year 1996, pursuant to the Financial Administration Act. R.S.C. 1985, c. F-11,sbs. 150(1).-Sessional Paper No. 2/35-627.
Report of the Pacific Pilotage Authority, together with the Auditor General's Report, for the year 1996, pursuant to the Financial Administration Act. R.S.C. 1985, c. F-11,sbs. 150(1)626.-Sessional Paper No. 2/35-628.
Summaries of the Corporate Plan for 1997 to 2001 and of the Operating and Capital Budgets for 1997 of the Atlantic Pilotage Authority, pursuant to the Financial Administration Act,R.S.C. 1985, c.F-11, sbs. 125(4).-Sessional PaperNo. 2/35-629.
Summaries of the Corporate Plan for 1997 to 2001 and of the Operating and Capital Budgets for 1997 of the Great Lakes Pilotage Authority, Ltd., pursuant to the Financial Administration Act, R.S.C. 1985, c.F-11, sbs. 125(4).- Sessional Paper No. 2/35-630.
Summaries of the Corporate Plan for 1997 to 2001 and of the Operating and Capital Budgets for 1997 of the Laurentian Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c.F-11, sbs. 125(4).-Sessional PaperNo. 2/35-631.
Summaries of the Corporate Plan for 1997 to 2001 and of the Operating and Capital Budgets for 1997 of the Pacific Pilotage Authority, pursuant to the Financial Administration Act,R.S.C. 1985, c.F-11, sbs. 125(4).-Sessional PaperNo. 2/35-632.
Report on the Operations of the Small Business Loans Act for the fiscal year ended March 31, 1996, pursuant to the Small Businesses Loans Act, R.S.C. 1985, c. S-11, s. 11.-Sessional Paper No. 2/35-633.
Reports of the Bank of Canada required by the Access to Information Act and the Privacy Act for the period ended December 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985,c. P-21, s. 72(2).-Sessional Paper No. 2/35-634.
Summaries of the Corporate Plan for 1997-2001 and the Capital Budget for 1997 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional PaperNo. 2/35-635.
Report on the Administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 1996, pursuant to the Members of Parliament Retiring Allowances Act, R.S.C. 1985, c. M-5, s. 41.-Sessional Paper No. 2/35-636.
Report on the Administration of the Public Service Superannuation Act for the fiscal year ended March 31, 1996, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.-Sessional Paper No. 2/35-637.
Report on the Administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 1996, pursuant to the Supplementary Retirement Benefits Act, R.S.C. 1985, c. S-24, s. 12.-Sessional Paper No. 2/35-638.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Pépin:
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 name of the Honourable Senator Kenny substituted for that of the Honourable Senator Moore (April 1).
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Anderson (April 3).
The names of the Honourable Senators Moore and Gigantès substituted for those of the Honourable Senators Kenny and Maheu (April 7).
Standing Senate Committee on Aboriginal Peoples
The names of the Honourable Senators Marchand and Taylor substituted for those of the Honourable Senators Gigantès and Lewis (April 7).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Bosa (April 8).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator MacDonald (Halifax) substituted for that of the Honourable Senator Johnson (April 8).
Committee of Selection
The name of the Honourable Senator Gigantès substituted for that of the Honourable Senator Stanbury (April 8).