47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 67

Wednesday, June 3, 1998
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Balfour, Beaudoin, Bolduc, Bryden, Callbeck, Carstairs, Chalifoux, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Eyton, Ferretti Barth, Forest, Forrestall, Gigantès, Grafstein, Graham, Gustafson, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kelly, Keon, Kinsella, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Poulin, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Simard, Spivak, Stewart, Stollery, Stratton, Tkachuk, Watt, Whelan

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Eighth Report (Bill S-10, An Act to amend the Excise Tax Act) without amendment.

The Honourable Senator Murray, P.C., for the Honourable Senator Di Nino moved, seconded by the Honourable Senator Phillips, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.

The question being put on the motion, it was adopted. The Honourable Senator Maheu presented the following:

WEDNESDAY, June 3, 1998

The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its

FIFTH REPORT

On December 16, 1997, the Senate authorized your Committee "to examine and report upon any and all matters relating to attendance in the Senate".

The issue of attendance is complex and multi-faceted - there are statutory and constitutional provisions, past decisions and policies of the Senate, as well as public policy considerations. The work of Senators comprises much more than simply attending sittings in the chamber. Your Committee believes that the question of attendance should be addressed in a comprehensive way, rather than merely looking at one or two individual components.

It is also important to appreciate from the outset that the Senate publishes far more detailed attendance records than any other legislature in Canada, except the Northwest Territories. Since Confederation, the Senate - like its predecessor, the Legislative Council of Canada - has listed the names of those members in attendance in each day's Journals. This can be contrasted with the House of Commons and all provincial legislative assemblies, which do not list the names of those in attendance.

The number of sitting days is not an accurate reflection of the workload of the Senate. It is, however, relevant that the Senate sits for more days than many provincial legislatures. For instance in 1997, the New Brunswick Legislative Assembly sat for 32 days, while the Alberta Legislative Assembly sat for 38 days. In the same year - despite a federal general election and the consequent dissolution of Parliament - the Senate had 56 sittings and the House of Commons 93. On average the Senate sits for approximately 70 days a year.

The remuneration of Members of Parliament is set out in the Parliament of Canada Act. Provision is made for a deduction from the sessional allowance and expense allowance of Parliamentarians for every sitting beyond 21 that they do not attend a sitting of the Senate or House of Commons.

In 1990, the Standing Committee on Standing Rules and Orders recommended the introduction of a Senators' Attendance Register which would be available to the public and contain information respecting Senators' attendance in the Senate and at committees, participation on parliamentary delegations, public business and illness.

Your Committee now recommends that the policy establishing the Senators' Attendance Register recommended by the Committee to the Senate in its Fourth Report dated May 10, 1990, and adopted by the Senate on May 24, 1990, be amended as shown in Schedule I to this Report. Your Committee recommends that the amended policy come into force on July 1, 1998.

Your Committee further recommends that the Senate make a regulation under the authority of section 59 of the Parliament of Canada Act increasing the amount of the deduction to be made for non-attendance to a total of $250 per sitting day, composed of a deduction of $190 to be made from the sessional allowance payable after all statutory deductions and a deduction of $60 to be made from the expense allowance.

Your Committee therefore recommends:

(a) that the Senate, pursuant to section 59 of the Parliament of Canada Act, make the Senate Sessional Allowance (Deductions for Non-attendance) Regulations in the form attached as Schedule 2;

(b) that section 1 of the Senate Sessional Allowance (Deductions for Non-attendance) Regulations be adopted as Rule 138 of the Rules of the Senate; and

(c) that the Clerk be instructed to transmit copies in both official languages of the Senate Sessional Allowance (Deduction for Non-attendance) Regulations to the Clerk of the Privy Council for registration and publication under the Statutory Instruments Act.

Your Committee intends to continue its examination of issues relating to the attendance of senators.

Respectfully submitted,

SHIRLEY MAHEU

Chairman

(The Schedules to the Report are printed as an Appendix)

The Honourable Senator Maheu moved, seconded by the Honourable Senator Lucier, 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.

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-29, An Act to establish the Parks Canada Agency and to amend other Acts as a consequence, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bryden, that the Bill be placed on the Orders of the Day for a second reading on Monday next, June 8, 1998.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-39, An Act to amend the Nunavut Act and the Constitution Act, 1867, to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Watt, that the Bill be placed on the Orders of the Day for a second reading on Monday next, June 8, 1998.

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. 83, dated February 10, 1998, appearing on the Order Paper in the name of the Honourable Senator Forrestall, respecting CANBAT II.-Sessional Paper No. 1/36-618S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Pearson, for the second reading of Bill C-36, An Act to implement certain provisions of the budget tabled in Parliament on February 24, 1998.

After debate, The Honourable Senator Stratton moved, seconded by the Honourable Senator Jessiman, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Mercier, seconded by the Honourable Senator Milne, for the second reading of Bill C-15, An Act to amend the Canada Shipping Act and to make consequential amendments to other Acts.

After debate, The question being put on the motion, it was adopted.

The Bill was then read the second time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mercier, that the Bill be referred to the Standing Senate Committee on Transport and Communications.

The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Fitzpatrick, for the second reading of Bill C-19, 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.

After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, 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 to 3 were called and postponed until the next sitting.

Commons Public Bills

Second reading of Bill C-410, An Act to change the name of certain electoral districts.

The Honourable Senator Gigantès moved, seconded by the Honourable Senator Hébert, that the Bill be read the second 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. Second reading of Bill C-411, An Act to amend the Canada Elections Act.

The Honourable Senator Robichaud, P.C. (Saint-Louis- de-Kent) moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be read the second time.

After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Oliver, 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.

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

Reports of the Copyright Board 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. 1/36-614.

Summaries of the Corporate Plan for 1998-99 to 2002-03 and the Operating and Capital Budgets for 1998-99 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/36-615.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Phantom Industries Inc. regarding certain gimped yarns for use in the manufacture of women's hosiery", dated May 8, 1998, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-616.

Report of the Canadian International Trade Tribunal entitled "Review of recommendation regarding certain dyed woven fabrics of rayon and polyester", dated May 14, 1998, pursuant tot he Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.-Sessional Paper No. 1/36-617.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Perrault, 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 Banking, Trade and Commerce

The name of the Honourable Senator Hébert substituted for that of the Honourable Senator Kenny (June 2).

The names of the Honourable Senators Angus and Kenny substituted for those of the Honourable Senators Simard and Hébert (June 3).

Standing Senate Committee on Legal and Constitutional Affairs

The names of the Honourable Senators Cohen and Kinsella substituted for those of the Honourable Senators Cogger and DeWare (June 3).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Whelan substituted for that of the Honourable Senator Kenny (June 3).

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