47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 64

Wednesday, May 27, 1998
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bosa, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hébert, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Keon, Kinsella, Kolber, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Pépin, Phillips, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rossiter, St. Germain, Simard, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Whelan

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Petitions

The Honourable Senator St. Germain, P.C., presented petitions:

Of Residents of the Province of British Columbia concerning Bill S-7, An Act to amend the Criminal Code to prohibit coercion in medical procedures that offend a person's religion or belief that human life is inviolable.

ANSWERS TO WRITTEN QUESTIONS

Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:

Reply to Question No. 86, dated March 18, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Atlantic Canada Opportunities Agency.-Sessional Paper No. 1/36-603S.

Reply to Question No. 97, dated March 19, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act- Department of International Financial Institutions. -Sessional Paper No. 1/36-604S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Joyal, P.C., for the 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.

After debate, In amendment, the Honourable Senator Johnson moved, seconded by the Honourable Senator Spivak, that the Bill be not now read a third time but that it be read a third time on November 25, 1998, in order to give Ports in Canada the opportunity to put their cases regarding the disastrous effects of this Bill before the Government.

Debate.

DEFERRED DIVISION

At 3:00 p.m. the Senate proceeded to the taking of the deferred division on the motion in amendment of the Honourable Senator Spivak to 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.

The question was put 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".

The motion in amendment was negatived on the following division:

YEAS

The Honourable Senators

Andreychuk, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Eyton, Forrestall, Grimard, Gustafson, Johnson, Kelleher, Keon, Kinsella, Lavoie-Roux, LeBreton, Lynch-Staunton, Meighen, Murray, Phillips, Rivest, Roberge, Rossiter, St. Germain, Simard, Spivak, Stratton-34

NAYS

The Honourable Senators

Adams, Austin, Bacon, Bosa, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Corbin, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Gigantès, Grafstein, Graham, Hébert, Hervieux-Payette, Johnstone, Joyal, Kolber, Lewis, Losier-Cool, Lucier, Maheu, Mercier, Milne, Moore, Pépin, Poulin, Prud'homme, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Stewart, Stollery, Taylor, Whelan-40

ABSTENTIONS

The Honourable Senators

Nil

The question then being put 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, 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 to which they desire their concurrence.

Bills

The Senate resumed debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Joyal, P.C., for the 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,

And on the motion in amendment of the Honourable Senator Johnson, seconded by the Honourable Senator Spivak, that the Bill be not now read a third time but that it be read a third time on November 25, 1998, in order to give Ports in Canada the opportunity to put their cases regarding the disastrous effects of this Bill before the Government.

After debate, The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion in amendment 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.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report of the Commissioner of the Environment and Sustainable Development to the House of Commons for the year 1998, pursuant to the Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 23(3).-Sessional Paper No. 1/36-600.

Reports of the St. Lawrence Seaway Authority required by the Access to Information Act and the Privacy Act for the period ended March 31, 1998, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/36-601.

Reports of the Seaway International Bridge Corporation Ltd. required by the Access to Information Act and the Privacy Act for the period ended March 31, 1998, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/36-602.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Lucier:

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 Mercier substituted for that of the Honourable Senator Cools (May 26).

The name of the Honourable Senator Cook substituted for that of the Honourable Senator Bosa (May 27).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Di Nino (May 27).

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