Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 62
Thursday, May 14, 1998
2:00 p.m.
The Honourable Eymard G. Corbin, Acting Speaker
The Members convened were:
The Honourable Senators
Adams, Atkins, Austin, Bacon, Balfour, Beaudoin, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hébert, Hervieux-Payette, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mercier, Milne, Moore, Murray, Nolin, Pearson, Pépin, Phillips, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rossiter, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Whelan
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Fourth Report (budget-study on the present state and the future of forestry in Canada).(The Report is printed as Appendix "A")
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Jessiman, 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 Murray, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Seventh Report (Bill S-13, An Act to incorporate and to establish an industry levy to provide for the Canadian Tobacco Industry Community Responsibility Foundation), with certain amendments and comments.
Ordered, That the Report be printed as an Appendix to the Journals of the Senate of this day and form part of the permanent records of this House.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Phillips, 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 Nolin presented the following:
THURSDAY, May 14, 1998
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINETEENTH REPORT
Your Committee has examined and approved the budgets presented to it by the following Committees for the proposed expenditures of the said Committees for the fiscal year ending March 31, 1999:Standing Committee on Banking, Trade and Commerce (Legislation):
|
Professional and Other Services |
$ 15,000 |
|
Transportation and Communication |
155,006 |
|
All Other Expenditures |
4,500 |
|
TOTAL |
$174,506 |
Standing Committee on Banking, Trade and Commerce (Examination of the Financial System in Canada):
|
Professional and Other Services |
$ 36,100 |
|
Transportation and Communication |
205,942 |
|
All Other Expenditures |
39,000 |
|
TOTAL |
$ 281,042 |
Standing Committee on Social Affairs, Science and Technology (Legislation):
|
Professional and Other Services |
$ 15,500 |
|
Transportation and Communication |
9,000 |
|
All Other Expenditures |
500 |
|
TOTAL |
$ 25,000 |
Standing Committee on National Finance (Legislation):
|
Professional and Other Services |
$ 7,000 |
|
Transportation and Communication |
8,500 |
|
All Other Expenditures |
1,500 |
|
TOTAL |
$ 17,000 |
Standing Committee on Energy, the Environment and Natural Resources (Legislation) (supplementary budget):
|
Professional and Other Services |
$ 5,000 |
|
Transportation and Communication |
0 |
|
All Other Expenditures |
0 |
|
TOTAL |
$ 5,000 |
Respectfully submitted,
PIERRE CLAUDE NOLIN
Deputy Chairman
The Honourable Senator Nolin moved, seconded by the Honourable Senator Rossiter, 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.
Government Notices of Motions
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pépin:That when the Senate adjourns today, it do stand adjourned until Tuesday, May 26, 1998, at 2:00 p.m.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No. 92, dated March 18, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Freshwater Fish Marketing Board.-Sessional Paper No. 1/36-587S.
Reply to Question No. 95, dated March 19, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Fisheries and Oceans.-Sessional Paper No. 1/36-588S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Forest, for the third reading of Bill S-2, An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and to make a consequential amendment to another Act,And on the motion in amendment of the Honourable Senator Spivak, seconded by the Honourable Senator Cochrane, that the Bill be not now read the third time but that it be amended:
1. In clause 1, on page 1:
(a) by adding the following after line 17:"(2.1) The definition of "transportation occurrence" in section 2 of the Act is replaced by the following:
"transportation occurrence" means an aviation occurrence, a railway occurrence, a marine occurrence, a pipeline occurrence or a highway occurrence."; and
(b) by adding the following after line 19:
""highway occurrence" means(a) any accident or incident associated with the operation of a truck, and (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a);".
2. In clause 2, on page 2, by adding the following after line 14:
"2.1 Section 3 of the Act is amended by adding the fol lowing after subsection (4):(4.1) This Act applies in respect of highway occurrences
(a) in Canada, if the occurrence relates to extraprovincial truck transport; and
(b) outside Canada, if Canada is requested to investigate the occurrence by an appropriate authority.".
3. In clause 3, on page 2, by adding the following after line 21:
"(1.1) Subsection 4(2) of the Act is replaced by the fol lowing:(2) The Governor in Council shall appoint as members persons who, in the opinion of the Governor in Council, are collectively knowledgeable about air, marine, rail, pipeline and highway transportation.".
4. On page 3, by adding the following new Clause after line 10:
"4.1 The portion of subsection 6(1) of the Act after paragraph (b) is replaced by the following:
and in this subsection, "transportation" means air, marine, rail, pipeline or highway transportation.".5. In clause 7, on page 3, by replacing lines 31 to 36 with the following:
"7.(1) Subsection 10(1) of the Act is replaced by the fol lowing:10.(1) From among the employees appointed under subsection 9(1), there shall be (a) a Director of Investigations (Air), a Director of Investigations (Marine), a Director of Investigations (Rail and Pipelines) and a Director of Investigations (Highway); and (b) other investigators.
(2) Subsection 10(2) of the Act is replaced by the follow ing:(2) Each of the four Directors mentioned in paragraph (1)(a) has exclusive authority to direct the conduct of investigations on behalf of the Board under this Act in relation to aviation occurrences, marine occurrences, railway and pipeline occurrences, and highway occurrences, respectively, but
(a) the Directors' authority under this subsection must be exercised in accordance with any policies established under paragraphs 8(1)(b) and (c); and
(b) the Directors shall report to the Board with respect to their investigations and shall conduct such further investigation as the Board requires under paragraph 8(1)(d).".
6. In clause 13:
(a) on page 5, by replacing line 32 with the following:"(2) Paragraphs 19(9)(a) and (b) of the Act are"; and
(b) on page 6:
(i) by adding the following after line 4:"(b) where the investigator believes on reasonable grounds that the medical examination of a person who is directly or indirectly involved in the operation of an aircraft, a ship, a rolling stock, a pipeline or a truck is, or may be, relevant to the investigation, by notice in writing signed by the investigator, require the person to submit to a medical examination;", and
(ii) by adding the following after line 18:"(3.1) Paragraph 19(14)(a) of the Act is replaced by the following:
(a) to imply that a thing seized pursuant to subsection (1) may not be an aircraft, a ship, an item of rolling stock, a pipeline or a truck, or any part thereof; or".
After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted. Third reading of Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be read the third time.
After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, 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 BUSINESS
Senate Public Bills
Third reading of Bill S-8, An Act to amend the Tobacco Act (content regulation).The Honourable Senator Gigantès moved, seconded by the Honourable Senator Stewart, that the Bill be read the third time.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), 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. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Balfour, for the second reading of Bill S-15, An Act respecting the declaration of royal assent by the Governor General in the Queen's name to bills passed by the Houses of Parliament.
After debate, The Honourable Senator Cools moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
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 Sixth Report (Interim) of the Standing Senate Committee on Social Affairs, Science and Technology entitled: "Guarding History", tabled in the Senate on May 13, 1998.Debate concluded.
________________________________-
With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees. The Honourable Senator Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Fifth Report (Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts), with certain amendments, observations and recommendations.(The observations and recommendations are printed as Appendix "C")
The Report was then read by one of the Clerks at the Table, as follows:
THURSDAY, May 14, 1998
The Standing Senate Committee on Agriculture and Forestry has the honour to present its
FIFTH REPORT
Your Committee, to which was referred Bill C-4, An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Thursday, 26 February 1998, examined the said Bill and now reports the same with the following amendments, and with observations and recommendations:1. Page 3, clause 3: Replace lines 12 to 14 with the following:
"appointed by the Governor in Council in accordance with section 3.09.".2. Page 5, clause 3: Replace lines 17 to 21 with the following:
"3.09 (1) The president is appointed by the Governor in Council on the recommendation of the Minister and holds office during pleasure for the term that the Governor in Council may determine.
(2) The Minister may recommend that a person be appointed president only if
(a) the Minister has consulted the board with respect to (i) the qualifications required of the president; and (ii) the person whom the Minister is proposing to recommend; and
(b) the board has fixed the remuneration to be paid to the president and has informed the Minister of the remuneration.
(3) Notwithstanding the other provisions of this section, the Governor in Council may appoint a transitional president and fix the remuneration to be paid to him or her. The transitional president's term may not end more than one year after the coming into force of this subsection.
3.1 (1) The president is paid the remuneration fixed in accordance with paragraph 3.09(2)(b) or subsection 3.09(3).".
3. Pages 10 and 24, New clause 8.1 and clause 36:
(a) add after line 3, on page 10, the following:"8.1 Within two years after the day this section comes into force, the Auditor General of Canada may commence an audit of the accounts and financial transactions of the Corporation for such fiscal years as the Auditor General considers appropriate and a report of the audit shall be made to the Corporation and the Minister."; and
(b) in clause 36, on page 24, replace line 1 with the following:
"tion 6(2) of this Act, and sections 8.1, 11, 27 and".4. Pages 17 and 18, Clause 24:
(a) on page 17, delete lines 31 to 40;
(b) on page 18, delete lines 1 to 16; and
(c) renumber clauses 25 to 36 as clauses 24 to 35 and any cross-references thereto accordingly.5. Pages 18, 19 and 20, Clause 26
(a) on page 18, replace lines 35 and 36 with the following:"26. Section 47 of the Act and the headings before it are replaced by the following:
PART V
OTHER GRAINS
Application of Parts III and IV
47. (1) The Governor in Council may, by regulation, on the recommendation of the Minister, extend the application of Part III or of Part IV or of both Parts III and IV to barley.(2) Where the Governor in Council has extended the application of any Part under subsection (1), the provisions of that Part shall be deemed to be re-enacted in this Part, subject to the following:
(a) the word "barley" shall be substituted for the word "wheat";
(b) the expression "barley products" shall be substituted for the expression "wheat products"; and
(c) subsection 40(2) is not applicable.
(3) An extension of the application of Part III shall come into force only at the beginning of a crop year.
(4) For the purposes of this section, "product", in relation to barley, means any substance produced by processing or manufacturing barley, alone or together with any other material or substance, designated by the Governor in Council by regulation as a product of barley for the purposes of this Part.
(5) The Minister shall not make a recommendation referred to in subsection (1) unless
(a) the Minister has consulted with the board about the extension; and
(b) the producers of barley have voted in favour of the extension, the voting process having been determined by the Minister.
47.1 The Minister shall not cause to be introduced in Parliament a bill that would exclude any kind, type, class or grade of wheat or barley, or wheat or barley produced in any area in Canada, from the provisions of Part IV, either in whole or in part, or generally, or for any period, or that would extend the application of Part III or Part IV or both Parts III and IV to any other grain, unless
(a) the Minister has consulted with the board about the exclusion or extension; and
(b) the producers of the grain have voted in favour of the exclusion or extension, the voting process having been determined by the Minister.".
(b) on page 19, delete lines 1 to 36; and
(c) on page 20, delete lines 1 to 38.Respectfully submitted,
LEN GUSTAFSON
Chairman
With leave of the Senate, The Honourable Senator Gustafson moved, seconded by the Honourable Senator Jessiman, that the Report be adopted now.After debate, The question being put on the motion, it was adopted.
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Whelan, P.C., that the Bill as amended be read the third time now.
The question being put on the motion, it was adopted.
The Bill, as amended, 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, with certain amendments, to which they desire their concurrence.
ORDERS OF THE DAY
OTHER BUSINESS
Reports of Committees
Consideration of the Fourth Report (Interim) of the Standing Senate Committee on Social Affairs, Science and Technology entitled: "The State of Health Care for War Veterans and Service Men and Women - First Report: Long-Term Care, Standards of Care and Federal-Provincial Relations", tabled in the Senate on April 2, 1998.After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert, that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 4 was called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator DeWare:That the Senate endorses and supports the findings and recommendations of the Commission of Inquiry on the Blood System in Canada;
That the Senate for humanitarian reasons urges the Government of Canada and the Governments of the Provinces and of the Territories to comply with these findings and recommendations; and
That a copy of this motion be forwarded to each federal, provincial and territorial Minister of Health.
After debate, In amendment, the Honourable Senator DeWare moved, seconded by the Honourable Senator Kinsella, that the motion be not now adopted, but that it be amended in paragraph two by removing and replacing the words "to comply with these findings and recommendations" with the following:
"to not exclude in determining compensation any person who has contracted Hepatitis C from blood components or blood products."After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted Orders No. 1 (motion), 21 and 14 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Grafstein calling the attention of the Senate to the Statement of the Vatican on the Holocaust as a teaching document.
After debate, The Honourable Senator Kinsella for the Honourable Senator Spivak moved, seconded by the Honourable Senator Simard, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 15, 25 (inquiries), 45 (motion), 12, 19, 24 and 18 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Whelan, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on the Recombinant Bovine Growth Hormone ( rBST ) and its effect on the human and animal health safety aspects.
After debate, The question being put on the motion, it was adopted. The Honourable Senator Forest moved, seconded by the Honourable Senator Maheu:
That the Standing Senate Committee on Aboriginal Peoples have power to sit at 3:30 p.m. on Tuesday May 26, 1998, 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.
ADJOURNMENT
The Honourable Senator Carstairs 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 Social Affairs, Science and TechnologyThe names of the Honourable Senators Butts and Chalifoux substituted for those of the Honourable Senators Cook and Maheu (May 11).
The name of the Honourable Senator Cook substituted for that of the Honourable Senator Butts (May 14).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Mercier substituted for that of the Honourable Senator Bryden (May 13).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Johnstone substituted for that of the Honourable Senator Poulin (May 13).
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Whelan and Callbeck substituted for those of the Honourable Senators Fitzpatrick and Fairbairn (May 14).