Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 87
Wednesday, April 9, 1997
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Atkins Austin Balfour Beaudoin Berntson Bryden Buchanan Carney Carstairs Cochrane Cogger Cohen Cools Corbin De Bané DeWare Di Nino Doody Doyle Eyton Fairbairn Forest Forrestall Ghitter Gigantès Graham Grimard Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Kelly Kenny Kinsella Kolber Landry Lavoie-Roux LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Meighen Mercier Milne Molgat Moore Murray Nolin Oliver Pearson Pépin Perrault Petten Pitfield Poulin Rivest Rizzuto Roberge Rompkey Rossiter Simard Spivak Stanbury Stewart Stollery Taylor Tkachuk Watt Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Rompkey, P.C., tabled the following:
Fourth Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the 1996 Annual Session of the North Atlantic Assembly(NATO Parliamentarians), held in Paris, France, fromNovember 17-21, 1996.-Sessional Paper No. 2/35-641.
Fifth Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the North Atlantic Assembly Defence & Security, Economic and Political Committees, held in Brussels, Belgium, from February 16-18, 1997.-Sessional Paper No. 2/35-642.
Notices of Motions
With leave of the Senate,The Honourable Senator Carstairs moved, seconded by the Honourable Senator Milne:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit at 3:15 p.m. today, 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.
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Stewart, for the third reading of Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances.
After debate,
With leave of the Senate and notwithstanding Rule 39(7),
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that the Bill be not now read a third time but that it be amended by replacing clause 21, on page 8, with the following:
"21. (1) Subject to this section, this Act comes into force on a day to be fixed by order of the Governor in Council made on the recommendation of the Minister.
(2) The Minister may make a recommendation under subsection (1) only after determining that the use of methylcyclopentadienyl manganese tricarbonyl as a fuel additive will prevent compliance with the emission standards made applicable to motor vehicles under the Motor Vehicle Safety Act.
(3) In preparing to make the determination referred to in subsection (2), the Minister shall
(a) cause a fleet of vehicles that is representative of the full range of vehicles in use in Canada to be tested in ordinary circumstances in order to determine whether the use of methylcyclopentadienyl manganese tricarbonyl as a fuel additive causes the failure of the emission control devices or systems of the vehicles;
(b) following disclosure of the results of the testing conducted pursuant to paragraph (a) to such representatives of the Canadian oil refining industry and the Canadian automobile manufacturing industry and such other persons as the Minister considers appropriate, advise such persons in writing of a consultation period of forty-five days during which they may make representations; and
(c) obtain such other information, conduct such other research and engage in such other consultations as are appropriate and expedient.
(4) The Minister shall cause to be laid before eachHouse of Parliament,
(a) before the beginning of the consultation period referred to in paragraph 3(b), a report of the results of the testing conducted under paragraph 3 (a); and
(b) before making a recommendation undersubsection (1), a report setting out all of the information that is relative to the determination to be made under subsection (2)."
The question being put on the motion in amendment,
With leave of the Senate, a recorded division was deferreduntil 5:30 p.m. today.
Resuming debate on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Stewart, for the third reading of Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances.
After debate,
The question being put on the motion,
With leave of the Senate, a recorded division was deferred until 5:30 p.m. today.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Losier-Cool, for the second reading of Bill C-81, An Act to implement the Canada-Chile Free Trade Agreement and related agreements.
After debate,
The Honourable Senator Graham for the Honourable Senator Stollery moved, seconded by the Honourable Senator Stanbury, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That all remaining Orders be postponed until the next sitting.
MOTIONS
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C.:
That notwithstanding the Order of the Senate adopted on March 6, 1997, the Special Committee of the Senate on the Cape Breton Development Corporation which was authorized to examine and report upon the Annual Report, Corporate Plan and progress reports of the Cape Breton Development Corporation and related matters, be empowered to present its final report no later than April 30, 1997 and that the Committee retain all powers necessary to publicize the findings of the Committee contained in the final report until May 7, 1997; and
That the Committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
The Honourable Senator Anderson moved, seconded by the Honourable Senator Bryden:
That, notwithstanding the Order of the Senate adopted on Thursday, May 16, 1996, the Standing Senate Committee on Agriculture and Forestry, which was authorized to examine the present state and the future of forestry in Canada, be empowered to present its final report no later than Monday, June 30, 1997.
The question being put on the motion, it was adopted.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator DeWare:
That the Standing Senate Committee on Transport and Communications have power to sit during sittings of the Senate for the duration of its study of Bill C-32, An Act to amend the Copyright Act, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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Pursuant to Rule 7(2), the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED DIVISIONS
At 5:30 p.m. the Senate proceeded to the taking of the deferred division on the motion in amendment to the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Stewart, for the third reading of Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances.
The question was put on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator DeWare, that the Bill be not now read a third time but that it be amended by replacing clause 21, on page 8, with the following:
"21. (1) Subject to this section, this Act comes into force on a day to be fixed by order of the Governor in Council made on the recommendation of the Minister.
(2) The Minister may make a recommendation under subsection (1) only after determining that the use of methylcyclopentadienyl manganese tricarbonyl as a fuel additive will prevent compliance with the emission standards made applicable to motor vehicles under the Motor Vehicle Safety Act.
(3) In preparing to make the determination referred to in subsection (2), the Minister shall
(a) cause a fleet of vehicles that is representative of the full range of vehicles in use in Canada to be tested in ordinary circumstances in order to determine whether the use of methylcyclopentadienyl manganese tricarbonyl as a fuel additive causes the failure of the emission control devices or systems of the vehicles;
(b) following disclosure of the results of the testing conducted pursuant to paragraph (a) to such representatives of the Canadian oil refining industry and the Canadian automobile manufacturing industry and such other persons as the Minister considers appropriate, advise such persons in writing of a consultation period of forty-five days during which they may make representations; and
(c) obtain such other information, conduct such other research and engage in such other consultations as are appropriate and expedient.
(4) The Minister shall cause to be laid before eachHouse of Parliament,
(a) before the beginning of the consultation period referred to in paragraph 3(b), a report of the results of the testing conducted under paragraph 3 (a); and
(b) before making a recommendation undersubsection (1), a report setting out all of the information that is relative to the determination to be made under subsection (2)."
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Balfour Beaudoin Berntson Buchanan Carney Cochrane Cogger Cohen DeWare Di Nino Doody Doyle Forrestall Grimard Jessiman Kelleher Kelly Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Murray Nolin Oliver Pitfield Roberge Rossiter Simard Tkachuk-32
NAYS
The Honourable Senators
Adams Anderson Austin Bryden Carstairs Cools Corbin De Bané Fairbairn Forest Gigantès Graham Haidasz Hays Hébert Hervieux-Payette Johnson Kenny Landry Lewis Losier-Cool Maheu Mercier Milne Moore Pearson Pépin Perrault Petten Poulin Rizzuto Rompkey Spivak Stanbury Stewart Stollery Taylor Watt Wood-39
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Kenny, seconded by the Honourable Senator Stewart, for the third reading of Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances, it was adopted on division.
The Bill 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, without amendment.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian International Trade Tribunal entitled "Reference from the Minister of Finance Pursuant to Section 19 of the Canadian International trade Tribunal Concerning Certain Warp-Knit Fabrics", dated March 17, 1997, pursuant to the Canada-United States Agreement Implementation Act,S.C. 1988, c. 65, s.54.-Sessional Paper No. 2/35-640.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Wood:
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 Social Affairs, Science and Technology
The name of the Honourable Senator Hervieux-Payette substituted for that of the Honourable Senator Bonnell (April 9).