Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 89
Tuesday, April 15, 1997
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams Anderson Andreychuk Angus Atkins Austin Bacon Beaudoin Berntson Bonnell Bryden Carney Carstairs Cochrane Cogger Cools Corbin De Bané DeWare Doody Doyle Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Grimard Haidasz Hays Hébert Jessiman Johnson Kelleher Kenny Keon Kinsella Kirby Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lucier Lynch-Staunton MacDonald (Halifax) Maheu Mercier Milne Molgat Murray Nolin Oliver Pearson Perrault Phillips Pitfield Poulin Rizzuto Roberge Robichaud Rompkey Rossiter St. Germain Simard Sparrow Spivak Stewart Stollery Stratton Taylor Twinn Watt Wood
PRAYERS
Tribute was paid to the memory of the HonourableMuriel McQueen Fergusson, P.C., former Senator, whose death occurred on April 11, 1997.
The Senate observed a minute of silence.
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:
TUESDAY, April 15, 1997
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-FOURTH REPORT
Your Committee, to which was referred 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, has, in obedience to the Order of Reference of Thursday, March 13, 1997, examined the said Bill and now reports the same without amendment but with the following recommendations:
Smoking and its associated health problems are a significant health concern in Canada. However, it was clear to your Committee that there were no simple solutions.
Your Committee believes that legislation such as Bill C-71 is only one aspect to the development of an integrated approach to prevent young people from starting to smoke and/or encouraging others, both young and old, to quit smoking.
Your Committee is particularly interested in the development of programs targeted at youth. Your Committee recommends that such initiatives be motivational, comprehensive, continuous and holistic. Wherever possible, they should be developed by young people and focus on youth helping youth.
Your Committee is aware that not all revenues raised from the surtax on tobacco, now approximately $65 million per annum, is directed toward such initiatives. Your Committee believes it is incumbent upon government to direct such revenues particularly to pre-teens and teenagers, to prevent the development of what, for many, will become a lifelong habit.
However, your Committee also recommends that the government make use of other resources in the community, including the tobacco industry itself, to develop and fund programs targeted at young persons.
In addition, your Committee strongly recommends that the government find, by public and private means, transitional funding to allow artistic, cultural and sporting groups to obtain alternatives to the monies now provided by tobacco companies to sponsor their activities.
These events are important to the people of Canada, and Canadians do not want them to cease.Your Committee recognizes that many groups have sacrificed and sought alternative funding over the past five years, and they should be congratulated. However, the urgency presently exists for those who accept tobacco sponsorship, and they will need both public and private support over the next three to five years.
Your Committee is of the view that the government must sponsor a number of important studies. These studies should be conducted by independent researchers, and they should be subject to peer review. First, a study should be undertaken to examine the value and consequences of reclassifying tobacco as a narcotic or noxious substance. The purpose of this study would be to enable government to make more effective regulations governing this product. A second study should be undertaken to determine the impact of advertising and promotional activities on both brand preference and new markets, in particular where young persons are concerned.
SHARON CARSTAIRS
Chair
With leave of the Senate,The Honourable Senator Lewis moved, seconded by the Honourable Senator Pearson, that the Bill be placed on theOrders of the Day for a third reading later this day.
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 Lucier:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 16, 1997, at 1:30 p.m.
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 Bill C-27, An Act to amend the Criminal Code(child prostitution, child sex tourism, criminal harassment and female genital mutilation), 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 Wood, that the Bill be placed on theOrders 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 Bill C-17, An Act to amend the Criminal Code and certain other Acts, 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 Corbin, that the Bill be placed on theOrders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-205, An Act to amend the Criminal Code and the Copyright Act (profit from authorship respecting a crime), to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Hébert moved, seconded by the Honourable Senator Landry, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, April 17, 1997.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator De Bané, P.C., tabled the following:
Report of the Canadian Section of the Assemblée internationale des parlementaires de langue française (AIPLF) respecting its participation at the meeting of the Policy and General Administration Committee and of its Bureau, held in Beirut, Lebanon, on November 20 and 21, 1996.-Sessional Paper No. 2/35-653.
Notices of Motions
With leave of the Senate,The Honourable Senator Stewart moved, seconded by the Honourable Senator Rizzuto:
That the Standing Senate Committee on Foreign 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 Grimard presented petitions:
Of Residents of the Province of Quebec concerning 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.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-15, An Act to amend An Act to incorporate the Bishop of the Arctic of the Church of England in Canada,
And to acquaint the Senate that the Commons have passed this Bill, without amendment.
A Message was brought from the House of Commons to return Bill C-5, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act and theIncome Tax Act,
And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-66, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Lucier, 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 Maheu moved, seconded by the Honourable Senator Lucier, 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.
Second reading of Bill C-27, An Act to amend theCriminal Code (child prostitution, child sex tourism, criminal harassment and female genital mutilation).
The Honourable Senator Pearson moved, seconded by the Honourable Senator Milne, that the Bill be read the second time.
After debate,
The Honourable Senator DeWare for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Pearson, 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-17, An Act to amend the Criminal Code and certain other Acts.
The Honourable Senator Milne for the Honourable Senator Moore moved, seconded by the Honourable Senator Taylor, that the Bill be read the second time.
After debate,
The Honourable Senator DeWare for the Honourable Senator Grimard moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third 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 third time.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended:
1. in clause 42.1, on page 17,
(a) by replacing lines 13 to 22 with the following:
"proposed regulation before each House of Parliament on the same day.
(2) A proposed regulation that has been laid before Parliament in accordance with subsection (1) is automatically referred to the Standing Joint Committee for the Scrutiny of Regulations, which shall conduct inquiries or public hearings with respect to the proposed regulation and report its findings to each House.";
(b) by replacing lines 26 to 32 with the following:
"(a) the House of Commons has not concurred in any report from the joint committee respecting the proposed regulation within the thirty sitting days following the day on which the proposed regulation was laid before each House, in which case the regulation may only be made in the form laid; or"; and
(c) by replacing line 34 with the following:
"a report from the joint committee approving the".
2. in clause 36, on page 14,
(a) by replacing line 19 with the following:
"36. (1) An inspector may not enter or seize any thing from a";
(b) by replacing line 27 with the following:
"dwelling-place and to seize any tobacco product or other thing by means of which or in relation to which the inspector believes on reasonable grounds this Act has been contravened, subject to any conditions"; and
(c) by replacing line 36 with the following:
"entry or the seizure, or that entry or seizure has been refused or there".
3. in clause 39, on page 15, by replacing line 20 with the following:
"an inspector may, subject to section 39.1, seize any tobacco product or".
4. on page 15, by adding after line 31 the followingnew clause:
"39.1 (1) An inspector may not seize any tobacco product or other thing referred to in subsection 39(1), except with the consent of the owner of the thing or the person in whose possession it is at the relevant time, or under the authority of a warrant issued under section 36, in the case of a dwelling-place, or under the authority of a warrant issued under subsection (2), in the case of any other place.
(2) On ex parte application, a justice, as defined in section 2 of the Criminal Code, may issue a warrant authorizing the inspector named in the warrant to seize any tobacco product or other thing by means of which or in relation to which the inspector believes on reasonable grounds that this Act has been contravened, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath
(a) that the owner of the thing or the person in whose possession it is at the relevant time does not consent to the seizure,
(b) that seizure has been refused, or
(c) that there are reasonable grounds for believing that seizure will be refused.
(3) An inspector executing a warrant issued under subsection (2) shall not use force unless the inspector is accompanied by a peace officer and the use of force is specifically authorized in the warrant.".
After debate,
Pursuant to Rule 67(2), a recorded division was deferred until 5:30 p.m. tomorrow.
Resuming debate on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Landry, for the third reading of Bill C-71.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read a third time but that it be amended:
1. in clause 8, on page 4, by replacing line 6 with the following:
"access, unless the tobacco product is being furnished to the young person in the course of that person's employment and is not intended for personal consumption by anyyoung person.".
2. in clause 12, on page 5, by replacing lines 1 to 4 with the following:
"(a) a place to which young persons do not have access; or
(b) any other place and has a prescribed security mechanism.".
3. in clause 21, on page 7, by adding the following afterline 42:
"(2.1) For the purposes of subsection (1), a public expression of appreciation or recognition for a sponsorship of a person, entity, event, activity or permanent facility by a manufacturer is considered not to be a testimonial for, or an endorsement of, the manufacturer's product.".
4. in clause 24, on page 9, by replacing lines 4 to 42 with the following:
"24. (1) Notwithstanding any other provision of this Act but subject to subsections (2) and (3), a person may display a tobacco product-related brand element in a promotion that is used in the sponsorship of a person, entity, event or activity if
(a) the person, entity, event, or activity is not primarily associated with young persons; and
(b) the principal purpose of the sponsorship is the promotion of the person, entity, event, or activity.
(2) Any promotional material that displays tobacco product related-brand elements in a promotion must not
(a) depict, in whole or in part, a tobacco product or its package;
(b) display the brand elements on more than 10 per cent of the display surface of the material, or appear in a size larger than the name of the person, entity, event, or activity being sponsored;
(c) be published in any publication that has an adult readership, or broadcast in any program that has an adult audience, of less than eighty-five per cent;
(d) be located within two hundred metres of any primary or secondary school property;
(e) depict a professional model under twenty-fiveyears of age;
(f) in the case of outdoor material, be displayed for more than three months before the commencement of the event or activity and more than one month after the closure of the event or activity.
(3) Subsection (2) does not apply
(a) to signs or programs available on the site of an event or activity;
(b) to the clothing of participants, performers and competitors in the event or activity; and
(c) to any material or equipment used during the course of the event or activity.
(4) The definitions in this subsection apply in this section.
"promotion" includes promotion by means of any printed material, event merchandise, advertisement, broadcast, sign, program or any other means of communication.
"sponsorship" means the support, financial or otherwise, of a person, entity, event or activity.".
5. in clause 27, on page 10, by replacing lines 15 to 25 with the following:
"27. No person shall furnish or promote a tobacco product if any of its brand elements is displayed on a non-tobacco product, other than an accessory, or is used with a service, if the non-tobacco product or service is primarily associated with young persons.".
6. in clause 28, on page 10, by replacing line 33 with the following:
"criteria described in section 27.".
7. in clause 33, on page 12,
(a) by deleting lines 14 to 16; and
(b) by re-lettering paragraphs (d) to (j) as (c) to (i), and any cross-references thereto accordingly
8. in clause 25, on page 10, by replacing lines 4 and 5 with the following:
"element may appear on the facility.".
9. in clause 33, on page 12,
(a) by deleting lines 17 to 19; and
(b) by re-lettering paragraphs (e) to (j) as paragraphs (d) to (i), and any cross-references thereto accordingly.
10. in clause 27, on page 10,
(a) by replacing line 15 with the following:
"27.(1) No person shall furnish or promote a"; and
(b) by adding after line 25 the following:
"(2) For the purposes of this section and section 28, "non-tobacco product" means a product, not being a tobacco product or its package, that is sold commercially, but does not include merchandise that displays the name of a person, entity, event, activity or permanent facility that is being sponsored pursuant to section 24.".
11. in clause 29, on page 11, by replacing line 3 with the following:
"lottery or contest, except where the consideration is between manufacturers and between manufacturers and retailers;".
12. in clause 31, on page 11, by replacing lines 29 to 38 with the following:
"(3) No person in Canada shall, primarily for the purpose of promoting in Canada a tobacco product,
(a) promote any product the promotion of which is contrary to this Part, or
(b) disseminate promotional material that contains a tobacco product-related brand element in a way that is contrary to this Part,
by means of a publication that is published outside Canada, a broadcast that originates outside Canada, or any other communication that originates outside Canada.".
13. in clause 66, on page 23, by replacing lines 20 to 22 with the following:
"66. (1) Subject to subsection (2), this Act comes into force on the day that is six months after the day this Act is assented to.
(2) Subsections 24(2) and (3) come into force on October 1, 1998 or on such later day the Governor in Council may fix by order.".
After debate,
Pursuant to Rule 67(2), a recorded division was deferred until 5:30 p.m. tomorrow.
Resuming debate on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Landry, for thethird reading of Bill C-71.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Haidasz, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be not now read a third time but that it be amended:
1. in clause 2,
(a) on page 2, by adding after line 16 the following:
""reconstituted tobacco" means any substance that settles out by sedimentation when the contents of a tobacco product, not including paper or other wrapping material or filter material, are floated in acetone or other organic non-acid solvent, including water or the alcohol's.";
(b) on page 2, by adding after line 19 the following:
""salt of nicotine" means any nicotinic substance, including nicotine and the alkaloids nornicotine, mysomine,anabasine, anatabine, and 3,2-Bipyridil, or a substance that renders cotinine in human blood."; and
(c) on page 2, by adding after line 21 the following:
""smoking" means the intentional inhalation of smoke produced by the combustion of tobacco.
"tobacco additive" means any substance which is added to a tobacco product or which becomes part of the tobacco product as a result of the manufacturing process or by absorption from the packaging or storage of the tobacco
(a) that serves to enhance the bioavailability of nicotine in the human body,
(b) that serves to increase cotinine in human blood, or
(c) that, upon heating or combustion, produces substances that are detrimental to human health."
2. in clause 5, on page 3, by replacing line 14 with the following:
"standards established by this Act and the regulations made pursuant to it."
3. on page 3, by adding after clause 6 the following:
"6.1. No tobacco product intended for use by smoking shall be manufactured unless every gram of the tobacco product, as expressed per gram of the tobacco product not including the weight of paper or other wrapping material or filter material,
(a) contains and produces on use not more than 0.3 mg of nicotine, including any salt of nicotine;
(b) contains not more than 2.0 per cent by weight of reconstituted tobacco;
(c) contains not more than 0.1 per cent by weight of tobacco additives; and
(d) produces, on being burnt, smoke that contains not more than 0.5 mg of cancer-causing tars when measured in accordance with test methods prescribed by the regulations.".
4. in clause 7, on page 3 by replacing lines 22 to 28 with the following:
"(a) establishing standards for a tobacco product, including but not limited to
(i) reducing the allowable amount of nicotine, including any salt of nicotine, or the percentage of reconstituted tobacco, or the percentage of tobacco additives, or the amount of cancer-causing tars contained in the smoke produced by the burning of the tobacco product, as set out in the formula in section 6.1,
(ii) prescribing the amounts of substances that may be contained in the tobacco product or its emissions, including the emissions conveyed by sneezing or by expectoration in the use of the tobacco product, and
(iii) prescribing substances that may not be added to the tobacco product;".
5. in clause 18, on page 6 by replacing lines 31 to 38 with the following:
"18. (1) In this Part, "promotion" means a representation about a product or service by any means, directly or indirectly, that, on the balance of probabilities, is likely to induce persons to use the product or service.".
6. in Clause 21
(a) on page 7, by replacing lines 34 to 37 with the following:
"21. (1) No person shall promote a tobacco product or tobacco product-related brand element by means of a testimonial, endorsement or public expression of appreciation, however displayed or communicated."; and
(b) on page 8, by replacing lines 1 to 3 with the following:
"(3) For the purposes of subsection (1), a person who participates in a public competition that is sponsored in whole or in part by a tobacco manufacturer does not promote a tobacco product or tobacco product-related brand element of the manufacturer by expressing appreciation for the sponsorship of the manufacturer if the person does not receive any consideration from the manufacturer
(a) for participating in the competition; or
(b) for the public expression of appreciation the person makes for the sponsorship of the competition.
(4) For the purposes of subsection (3), a person who is awarded a trophy or other prize in a competition in which the person competes does not receive consideration in the award of that trophy or prize.
(5) A manufacturer of a tobacco product shall not in respect of any trophy or other prize that is the object of a public competition of which it is a sponsor, other than a trophy or prize that was the object of public competition in Canada on or before December 2, 1996,
(a) by any means cause the title or name of a trophy or other prize awarded in the competition to incorporate any tobacco product-related brand element; or
(b) hold the entire intellectual property interest in a trophy or other prize to be awarded in the competition.
(6) This section does not apply to a tobacco product-related brand element that appeared on or was directly associated with a tobacco product for sale in Canada on December 2, 1996.".
7. in clause 22, on page 8 by replacing lines 36 to 41 with the following:
""lifestyle advertising" means advertising, including advertising that uses images of or allusions to glamour, recreation, excitement, vitality, risk or daring, that portrays as attractive a way of life and that is likely to induce in young persons the impression that the use of a tobacco product is compatible with or befits that way of life."
8. on page 17 by adding after clause 42.1 the following:
"42.2 The Minister shall lay a report before each House of Parliament each year on or before the anniversary of the date on which the Act came into force on the administration and enforcement of the Act, on the administration and enforcement of the regulations and on the process of consideration and final adoption or rejection of any regulations proposed to the Minister together with the reasons for their adoption or rejection.".
9. on page 17 by replacing the heading of PART V.1 with the following:
"LAYING OF PROPOSED REGULATIONS AND
REPORTING".
Pursuant to Rule 67(2), a recorded division was deferred until 5:30 p.m. tomorrow.
Resuming debate on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Landry, for the third reading of Bill C-71.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Kenny moved, seconded by the Honourable Senator MacDonald (Halifax) that the Bill be not now read a third time but that it be amended by adding, after line 36, on page 12, the following:
"Part IV.1
TOBACCO MANUFACTURERS COMMUNITY RESPONSIBILITY FUND
(2) Within thirty days after this Act is assented to and thereafter as needed from time to time, the Minister shall appoint a committee, composed of seven medical practitioners of whom four shall have a demonstrated expertise in child psychology, to choose an administrator of the Fund, referred to in this section as the "Administrator", and, within ninety days after its appointment, the committee shall select a non-profit body corporate, either currently in existence or whose creation for the purpose is proposed to the committee, and appoint it to administer the Fund.
(3) The Fund is established on behalf of the Canadian tobacco manufacturing industry
(a) to protect the health of young persons by engaging in and funding activities intended to discourage them from using tobacco products and to protect them from inducements to use tobacco products and the consequent dependence on them, and
(b) to fund, on a transitional basis, persons, entities, events, activities and permanent facilities financially sponsored by manufacturers where a decrease in such sponsorship occurs.
(4) In order to achieve the objective set out in paragraph (3)(a), the Administrator may, at the national, regional and local levels throughout Canada, commission and conduct research, develop and distribute educational tools, plan and execute communications strategies, run advertising campaigns, use the media and disseminate information through other means, hold and sponsor programs, conferences and peer and other group activities and engage in other activities that, in the opinion of the Administrator, will contribute to the achievement of the objective.
(5) The Administrator shall publish, assess and collect the levies payable under this Part and receive voluntary contributions for the purposes of the Fund.
(6) The Administrator shall raise for the Fund, by means of a general levy for each financial year of the Fund the first of which shall include the day that this Act comes into force, a revenue in a total amount equal to two dollars per person resident in Canada.
(7) Subject to subsection (14), the amounts raised under subsection (6) and all voluntary contributions shall be used by the Administrator to finance the attainment of the objective set out in paragraph (3)(a).
(8) The Administrator shall raise for the Fund by means of a special levy
(a) for each of the first three financial years of the Fund, a revenue in an amount estimated by the Administrator to be necessary to replace all losses in financial sponsorship during those years of persons, entities, events, activities and permanent facilities financially sponsored as ofApril 1, 1997 by manufacturers;
(b) for the fourth financial year of the Fund, two-thirds of the average of the amounts raised under paragraph (a) for the second and third years; and
(c) for the fifth financial year of the Fund, one-half of the amount raised under paragraph (b).
(9) Subject to subsection (14), the amounts raised under subsection (8) shall be used by the Administrator to finance the attainment of the objective set out in paragraph (3)(b).
(10) Levies payable under this Part shall be on all manufactured tobacco produced in Canada and delivered to a purchaser and on all manufactured tobacco imported into Canada and shall be paid to the Administrator by the person manufacturing or importing the tobacco.
(11) The Administrator shall, after consultation with the Canadian Tobacco Manufacturers' Council, make guidelines providing for:
(a) the publication of levies to be assessed under this Part;
(b) the equitable assessment and collection of the levies;
(c) the manner in which the levies shall be paid;
(d) the evidence by which a person's liability to the levies and discharge of that liability may be established;
(e) the application and disbursement procedures for amounts to replace loss in financial sponsorship; and
(f) such other matters as the Administrator considers appropriate.
(12) The Administrator may appoint and remunerate an agent to collect for it the levies authorised by this Part and the Canadian Tobacco Manufacturers' Council may be appointed as such agent.
(13) A levy under this Part constitutes a debt payable to the Administrator, which the Administrator may sue for and recover as such in any court of competent jurisdiction, together with all costs associated with the recovery thereof.
(14) There may be paid out of and charged to the Fund
(a) all administrative costs of the selection committee established under subsection (2) and such remuneration and expenses of the members of the committee as are fixed by the Minister;
(b) the administrative costs of establishing the Administrator, if it is created solely for the purpose of administering the Fund;
(c) all costs of the Fund, including for the fees, charges and expenses of the Administrator.
(15) The Administrator shall keep proper accounts with respect to the Fund and prepare in respect of each financial year a statement of accounts which accounts shall be audited annually.
(16) The Administrator shall, as soon as possible but in any case within six months after the end of each financial year, submit to the Canadian Tobacco Manufacturers' Council a report on the Fund, including an assessment of the effectiveness of activities financed by it, financial statements and the auditor's report.
(17) Within fifteen days of receiving the report referred to in subsection (16), the Canadian Tobacco Manufacturers' Council shall submit it to the Minister, who shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen sitting days on which that House is sitting after the day on which the Minister receives it.
(18) In the event that
(a) the Fund is without an Administrator for a period of one year or more, or
(b) the Administrator of the Fund fails to submit the report required by subsection (16) for two consecutive years,
the Canadian Tobacco Manufacturers' Council may, with the approval of the Minister, apply to a court of competent jurisdiction for an order to wind-up the Fund upon such terms as the court considers expedient and any surplus that remains shall be distributed to the Canadian Tobacco Manufacturers' Council.
(19) A reference in this Part to the Canadian Tobacco Manufacturers' Council includes a reference to a successor named by it and, in the event that the Council or a successor refuses or is unable to act for any purpose under this Part, the Minister may appoint by order, after consultation with such persons liable to pay the levies as the Minister considers appropriate, a person or body to act on behalf of the Council for the purposes of this Part."
After debate,
Pursuant to Rule 67(2), a recorded division was deferreduntil 5:30 p.m. tomorrow.
Resuming debate on the motion of the Honourable Senator Lewis, seconded by the Honourable Senator Landry, for the third reading of Bill C-71.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
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 the next sitting.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-82, An Act to amend certain laws relating to financial institutions, 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 Corbin, that the Bill be placed on the Orders of the Day for a second reading tomorrow, Wednesday, April 16, 1997.
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 Landry:
That pursuant to subsections 7(6) and (7) of the Referendum Act, the Standing Senate Committee on Legal and Constitutional Affairs be empowered to review the regulations proposed by the Chief Electoral Officer.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the Eighth Report of the Standing Senate Committee on Transport and Communications (Bill C-216, An Act to amend the Broadcasting Act (broadcasting policy), with an amendment) presented in the Senate on April 10, 1997.
The Honourable Senator Kinsella for the Honourable Senator Forrestall moved, seconded by the Honourable Senator Doyle, that the Report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Other
Orders No. 35, 29, 33, 34, 25, 31, (inquiries), 22 (motion),15, 30 (inquiries) and 90 (motion) were called and postponed until the next sitting.
Order No. 21 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report under the Corporation and Labour Unions Returns Act (Part 1, Corporations), for the year 1995, pursuant to the Act. R.S.C. 1985, c. C-43, s. 22(1).-Sessional Paper No. 2/35-645.
Report of the Canadian Intellectual Property Office for the fiscal year ended March 31, 1996, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26.-Sessional Paper No. 2/35-646.
Report concerning Trade Unions Registered in the Office of the Registrar General of Canada for the year 1996, pursuant to the Trade Unions Act, R.S.C. 1985, c. T-14, s. 30.-Sessional Paper No. 2/35-647.
Revised copy of the Annual Report on the Operations of the Small Businesses 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. 2/35-648.
Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 1996, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. S-11, s. 11.-Sessional Paper No. 2/35-649.
Report of the Canada Labour Relations Board for the fiscal year ended March 31, 1996, pursuant to the Canada Labour Code, R.S.C. 1985, c. L-2, sbs. 12(1).-Sessional PaperNo. 2/35-650.
Statutes of the Northwest Territories for the year 1996, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).-Sessional Paper No. 2/35-651.
Statutes of the Yukon for the year 1996, pursuant to the Yukon Act, R.S.C. 1985, c. Y-2, sbs. 22(1).-Sessional PaperNo. 2/35-652.
ADJOURNMENT
The Honourable Senator Graham moved, seconded by the Honourable Senator Haidasz, 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)
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Johnson substituted for that of the Honourable Senator MacDonald (Halifax) (April 10).
The names of the Honourable Senators Watt, Whelan, Bacon, Rompkey and Perrault substituted for those of the Honourable Senators Whelan, Losier-Cool, Maheu, Gigantès and De Bané (April 14).
The names of the Honourable Senators Maheu and Kolber substituted for those of the Honourable Senators Watt and Rompkey (April 15).
Special Committee of the Senate on the Canadian Airborne Regiment in Somalia
The name of the Honourable Senator Poulin substituted for that of the Honourable Senator De Bané (April 11).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Bonnell and Bosa substituted for those of the Honourable Senators Hervieux-Payette and Maheu (April 14).
The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Bosa (April 15).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Riel (April 15).