Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 76
Thursday, June 18, 1998
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Bacon, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hays, Hébert, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux , LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pépin, Perrault, Phillips, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, Stewart, Stratton, Taylor, Tkachuk, Watt, WilsonPRAYERS
Tribute was paid to the Honourable Senator Hébert, who will retire from the Senate on June 21, 1998. Tribute was paid to the Honourable Senator Gigantès, who will retire from the Senate on August 16, 1998.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne presented the following:THURSDAY, June 18, 1998
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWELFTH REPORT
Your Committee, to which was referred 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, has, in obedience to the Order of Reference of Tuesday, June 9, 1998, examined the said Bill and now reports the same with the following amendments:1 Page 1, Clause 2: Replace lines 12 to 14 with the following:
"is the first appropriation bill presented for assent in a session."2. Page 1, Clause 3: Replace lines 17 to 20, with the following:
"ment by the Speaker of that House or by the person acting as the Speaker."3. Page 1, New Clause 3:
a) Add after line 14, on page 1, the following:"3. A declaration of royal assent in the form and manner referred to in paragraph 2(a) must occur on at least one occasion in each calendar year."
b) Renumber the subsequent clauses accordingly.4. Page 1, New Clause 7: Add after line 29, the following:
"7. No royal assent is invalid by reason only that section 3 is not complied with in any calendar year."
Respectfully submitted,
LORNA MILNE
Chair
With leave of the Senate, The Honourable Senator Milne moved, seconded by the Honourable Senator Bryden, that the Report be placed on the Orders of the Day for consideration later this day.The question being put on the motion, it was adopted. The Honourable Senator Milne presented the following:
THURSDAY, June 18, 1998
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
THIRTEENTH REPORT
Your Committee, in accordance with Section 54 of the Access to Information Act, Chapter A-1, R.S.C. 1985, that the Senate approve the appointment of the Honourable John M. Reid, P.C., as Information Commissioner, has, in obedience to the Order of Reference of Tuesday, June 16, 1998, heard from the Honourable John M. Reid, P.C., and recommends that the Senate approve his appointment as Information Commissioner.Respectfully submitted,
LORNA MILNE
Chair
With leave of the Senate, The Honourable Senator Milne moved, seconded by the Honourable Senator Bryden, that the Report be placed on the Orders of the Day for consideration later this day.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, tabled its Tenth Report (Interim) entitled: The Federal Child Support Guidelines.-Sessional Paper No. 1/36-653S.
With leave The Senate proceeded to the consideration of the Report.
After debate, The Honourable Senator Cools moved, seconded by the Honourable Senator Rompkey, P.C., 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. The Honourable Senator Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Sixth Report (Bill C-26, An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act) without amendment.
With leave of the Senate, The Honourable Senator Gustafson moved, seconded by the Honourable Senator Stratton, that the Bill be read the third time now.
The question being put on the motion, it was adopted.
The Bill 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, without amendment. The Honourable Senator Murray, P.C., presented the following:
Thursday, June 18, 1998
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
ELEVENTH REPORT
Your Committee, to which was referred 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, has, in obedience to the Order of Reference of Monday, June 8, 1998, examined the said Bill and now reports the same without amendment, but with the following observations and recommendations:THE MOVEMENT OF COMMODITIES OTHER
THAN GRAIN
Your Committee does not wish to encumber labour negotiations, but to focus instead on the need to monitor the process under Bill C-19 and to continue to examine alternatives and make recommendations for amendments if a better formula can be found. Consequently, your Committee recommends that the Minister of Labour review alternatives to this measure.
REMEDIAL CERTIFICATION
Your Committee continues to support the comments made in its report of Friday, April 25, 1997 and wishes to repeat them here. Concerns were heard that the provision in Clause 46 of Bill C-19, which would allow the Canada Industrial Relations Board to certify a trade union as a remedy for employer unfair labour practices, runs counter to the principle that certification should be based solely on the majority support of the employees in the bargaining unit. We strongly endorse the principle of majority support as a basis for certification and note that Bill C-19 retains the Board's authority to verify support by holding a representation vote in any case. We strongly recommend that the Board exercise the jurisdiction it has under section 29(1) of the Canada Labour Code and order a representation vote as a matter of course.We believe that the concerns that have been expressed to the Committee on this clause are serious and urge the utmost caution in applying this exceptional provision. Though a number of provincial labour statutes include similar provisions, they are used by provincial labour boards in rare cases, where an employer commits a serious unfair labour practice and where a representation vote is unlikely to provide a true measure of the employees' wishes.
We recommend, therefore, that in interpreting and applying Section 99.1, the Canada Industrial Relations Board should respect the findings of the Sims Task Force, namely, that this is an unusual remedy which should be reserved for "truly intolerable conduct" by an employer. Your Committee has concerns about whether the recent use of a similar clause by the Ontario Labour Relations Board in the Wal-Mart case is in fact an appropriate use of such a measure.
We also urge the Minister to monitor carefully the future application of this provision to ensure that it is used only in the most exceptional cases. It should not be seen as an alternative to the normal certification process. But if it evolves into such an alternative, we strongly recommend that the Minister consider deleting this provision.
GENDER NEUTRALITY
Your Committee was pleased with the statement made to it by the Minister of Labour on the issue of gender neutrality. Clearly, the Minister supports the view of Committee members on the absolute need for gender neutrality in legislation, and we encourage the Minister to give immediate and constant attention to this matter.THE ESTEY REVIEW
Your Committee heard a number of witnesses suggest that the provisions in Bill C-19 with respect to the movement of grain should not be passed until Justice W. Estey, who is reviewing Canada's grain handling system, issues his final report. From this perspective, we welcome the Minister of Labour's letter and his assurances that he will review Justice W. Estey's report. Your Committee is confident that this review, in conjunction with the Minister's commitment to also review the effect of Section 87.7 next year, following completion of the next round of West Coast long-shore bargaining, will result in any amendments that are needed.Respectfully submitted,
LOWELL MURRAY
Chairman
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Fairbairn, P.C., that the Bill be placed on the Orders of the Day for a third reading later this day.The question being put on the motion, it was adopted. The Honourable Senator Rompkey, P.C., presented the following:
THURSDAY, June 18, 1998
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TWENTY-SECOND REPORT
The Constitution Act 1867, subsection 23(5), states that a Senator "shall be resident in the Province for which he is appointed". This means that Senators whose primary residence is more than 100 kilometers from Parliament Hill incur additional living expenses for which they should be reimbursed when they are in the National Capital Region.Members of the House of Commons are entitled to claim a maximum allowance of up to $6,000 to cover living expenses incurred when they are away from their primary residence. The Blais Commission recently recommended that this amount be increased up to a maximum of $12,000 per year.
In addition, the Blais Commission recognized that Senators also incur living expenses when they are in the National Capital Region and recommended that they too be eligible for reimbursement. Your Committee notes that the Senate has the legal authority, pursuant to subsection 63(1) of the Parliament of Canada Act, to provide for the reimbursement of expenses of this nature incurred by Senators.
Your Committee therefore recommends that:
(i) a policy be established to reimburse eligible Senators for actual living expenses incurred in the National Capital Region; and
(ii) your Committee be empowered to establish the terms and conditions of this policy and adjust it periodically.Your Committee notes that amounts reimbursed to Senators for living expenses in the National Capital Region will be disclosed in the Public Accounts of Canada.
Respectfully submitted,
WILLIAM ROMPKEY
Chair
With leave of the Senate, The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Hays, that the Report be adopted now.The question being put on the motion, it was adopted. The Honourable Senator Maheu presented the following:
THURSDAY, June 18, 1998
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
SIXTH REPORT
From time to time, Senators become ill or disabled and are unable to carry out their duties and responsibilities for an extended period of time. At present, the Senate has nothing comparable to the disability plans that exist in the private sector and the public service to deal with such situations. A disability package would ensure that Senators who are unable to work could apply for a leave of absence, and be paid their sessional allowance at a reduced rate to reflect their diminished contribution. Your Committee believes that it is in the public interest to develop such a policy, and that Senators want the option of such a policy.The following are the essential elements of a disability policy:
1) All Senators under the age of 64 years and 9 months would be required to apply for coverage under the Long Term Disability (LTD) offered by Treasury Board. If a Senator is denied such coverage, he or she would be treated the same as Senators who are between ages 65 and 75 under the policy.
2) Pursuant to the Senators Attendance Policy adopted by the Senate on June 9, 1998, medical certificates are required for casual illness for each consecutive sitting day in the session beyond six to be registered as a day of illness.
3) A Senator who is more than casually ill would be given the opportunity of choosing to apply to the Standing Committee on Internal Economy, Budgets and Administration for short-term disability leave at full salary for six months. The Senator would have to submit a medical certificate from an independent medical examiner attesting to the disability.
4) A Senator could apply to the Internal Economy Committee, normally after the six months of short-term disability leave, to go on medium-term disability leave. The normal maximum period for medium-term disability would be two years, subject to extension only if the evidence was that a return in the near future was foreseeable with reasonable certainty. Updated medical certificates would be required every six months. The gross sessional allowance of the Senator would be reduced by 30%. The Senator would continue to pay pension contributions and earn pension credits, as if he or she were paid the full sessional allowance. The expense allowance would have to be examined on an individual basis by the Internal Economy in an appropriate way as some disabled senators may require assistance to fulfil their functions.
5) After the expiry of the two-year period, your Committee proposes the following:
a) For those Senators under 65 years of age and who have LTD coverage offered by Treasury Board, the sessional allowance should be reduced to an amount equal to the Senators' pension contribution; and
b) For those Senators between 65-75 years, or who have been denied LTD coverage offered by Treasury Board, the Internal Economy Committee would have the option of extending temporary disability for up to two additional years not to exceed age 75.
While on temporary disability, Senators would still have the constitutional right to participate in any Senate proceeding such as voting, debating, presenting legislation, or committee meetings. Such Senators would also have full use of their normal office resources.
The plan must meet the need of a Senator to accumulate pension credits while on the leave of absence.
Your Committee is presenting this report for the consideration of and discussion by Senators. If the general principles are acceptable, your Committee intends to table before the Senate the precise regulations and details in the autumn.
Respectfully submitted,
SHIRLEY MAHEU
Chair
The Honourable Senator Maheu moved, seconded by the Honourable Senator Fitzpatrick, that the Report be placed on the Orders of the Day for consideration on Tuesday, September 22, 1998.The question being put on the motion, it was adopted. The Honourable Senator Nolin presented the following:
THURSDAY, June 18, 1998
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TWENTY-THIRD REPORT
The 1998-99 Senate Estimates, adopted by the Senate on February 26, 1998, included an amount of $500,000 to fund additional research for the party caucuses, subject to further discussion. Such funds which are provided to recognized parties in the other place are necessary to better assist senators in the performance of their parliamentary duties.Your Committee now recommends that effective April 1, 1998 the amount of $500,000 be allocated in fiscal year 1998-99, as follows: (i) independent senators, up to $5,000 each; and (ii) the remaining monies to be shared equally between the Government caucus and the Official Opposition. These funds are to be used for research assistance and related equipment needed to perform this function.
Contracting for human resources will be fashioned after the model for Senators' global budgets. Individuals will fall within one of the following three categories: (i) short-term contracts for a specific project; (ii) term contract for less than six months; and (iii) term contract for more than six months. Contracts will be renewable every April 1st.
Office space, supplies and telephone lines will be provided by Senate administration. Other services such as messenger, postal and printing services will be extended to research centers.
Expenses will be incurred by Senate administration upon receipt of signed documentation. The Leader of each party will delegate signing authority to two senators from that party. Each independent senator will exercise signing authority up to the maximum amount allocated.
This policy will be reviewed by your Committee before the next fiscal year.
Respectfully submitted,
WILLIAM ROMPKEY
Chair
With leave of the Senate, The Honourable Senator Nolin moved, seconded by the Honourable Senator Angus, that the Report be placed on the Orders of the Day for consideration later this day.The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Forrestall presented a Bill S-19, An Act to give further recognition to the war-time service of Canadian merchant navy veterans and to provide for their fair and equitable treatment.The Bill was read the first time.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Wilson, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, October 6, 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. 82, dated November 19, 1997, appearing on the Order Paper in the name of the Honourable Senator Lynch-Staunton, respecting the Airbus file.-Sessional Paper No. 1/36-654S.
Reply to Question No. 84, dated February 17, 1998, appearing on the Order Paper in the name of the Honourable Senator LeBreton, respecting former Senator Andrew Thompson. -Sessional Paper No. 1/36-655S.
Reply to Question No. 104, dated March 31, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-National Revenue Canada.-Sessional Paper No. 1/36-656S.
Reply to Question No. 112, dated April 30, 1998, appearing on the Order Paper in the name of the Honourable Senator Oliver, respecting tolls on the Trans Canada Highway.-Sessional Paper No. 1/36-657S.
Reply to Question No. 114, dated April 30, 1998, appearing on the Order Paper in the name of the Honourable Senator Oliver, respecting the Auditor General's Report on Immigration. -Sessional Paper No. 1/36-658S.
Reply to Question No. 118, dated May 26, 1998, appearing on the Order Paper in the name of the Honourable Senator Oliver, respecting the Department of Citizenship and Immigration. -Sessional Paper No. 1/36-659S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-47, An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act.The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon, that the Bill be read the third time.
After debate, In amendment, the Honourable Senator Simard moved, seconded by the Honourable Senator Phillips, that the Bill be not now read the third time but that it be read a third time this day six months hence.
The question being put on the motion in amendment, it was negatived on division.
The question then being put on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Bacon, for the third reading of Bill C-47, 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. Third reading of Bill C-30, An Act respecting the powers of the Mi'Kmaq of Nova Scotia in relation to education.
The Honourable Senator Butts moved, seconded by the Honourable Senator Bryden, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill 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, without amendment. Third reading of Bill C-6, An Act to provide for an integrated system of land and water management in the Mackenzie Valley, to establish certain boards for that purpose and to make consequential amendments to other Acts.
The Honourable Senator Forest moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill 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, without amendment. Order No. 4 was called and postponed until the next sitting Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), for the second reading of Bill C-25, An Act to amend the National Defence 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 Fairbairn, P.C., that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
___________________________________________
Ordered, That Motion No. 67 under OTHER BUSINESS, Other be brought forward. 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,
And on the motion in amendment of the Honourable Senator DeWare, 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.",And on the motion in amendment of the Honourable Senator Berntson, seconded by the Honourable Senator DeWare, that the motion be not now adopted, but that it be further amended in paragraph one by removing the words "the findings and recommendations" and replacing them with "Recommendation 1"; and adding after the words "in Canada", "and recognises the role of the Government of Canada in contributing to its implementation".
After debate, The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Angus, Atkins, Berntson, Buchanan, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Kelleher, Kelly, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Phillips, Rossiter, Simard, Spivak, Stratton, Tkachuk-27NAYS
The Honourable Senators
Adams, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Gigantès, Grafstein, Graham, Hays, Hébert, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kolber, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Pépin, Poulin, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Taylor, Watt-43ABSTENTIONS
The Honourable Senators
Nil
The question being put on the motion in amendment of the Honourable Senator DeWare, seconded by the Honourable Senator Kinsella, it was negatived on the following division:YEAS: 27, NAYS: 43, ABSTENTIONS: 0
(See division list above).
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; andThat a copy of this motion be forwarded to each federal, provincial and territorial Minister of Health.
In amendment, the Honourable Senator Kirby moved, seconded by the Honourable Senator Carstairs, that the motion be not now adopted but that it be amended by removing all the words after the word "supports" in paragraph one and replacing them with the following:"recommendation 1 of the Commission of Inquiry on the Blood System in Canada which calls upon provinces and territories to respond to the needs of those who suffered due to the management of the blood supply system;
That the Senate recognizes the leadership role played by the Government of Canada in formulating a Federal-Provincial compensation package for those infected with Hepatitis-C through the blood supply system between 1986 and 1990;
That, in view of the fact that Federal and Provincial Governments have agreed to revisit the original agreement to seek a greater consensus concerning our response to this national tragedy, the Senate urges the Government of Canada and the Government of the Provinces and Territories to take positive action to address the needs of those who suffer ill-effects from Hepatitis-C contracted through the blood system; and
That a copy of this motion be forwarded to each federal, provincial and territorial Minster of Health."A Point of Order was raised as to the acceptability of the motion in amendment.
After debate, The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Third 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.The Honourable Senator Maheu moved, seconded by the Honourable Senator Fitzpatrick, that the Bill be read the third time.
After debate, In amendment, the Honourable Senator Cohen moved, seconded by the Honourable Senator Angus, that the Bill be not now read a third time but that it be amended,(a) in clause 1, on page 1,
(i) by replacing line 4 with the following:"1. (1) The definitions "Board", "conciliation""; and
(ii) by adding after line 15 the following:"(2) The definitions "dependant contractor", "lockout", "parties" and "professional employee" in subsection 3(1) of the English version of the Act, are replaced by the following:
"dependant contractor" means(a) the owner, purchaser or lessee of a vehicle used for hauling, other than on rails or tracks, livestock, liquids, goods, merchandise or other materials, who is party to a contract, oral or in writing, under the terms of which that person is
(i) required to provide the vehicle by means of which the person performs the contract and to operate the vehicle in accordance with the contract, and
(ii) entitled to retain for the person's own use from time to time any sum of money that remains after the cost of the person's performance of the contract is deducted from the amount the person is paid, in accordance with the contract, for that performance,(b) a fisher who, pursuant to an arrangement to which the fisher is a party, is entitled to a percentage or other part of the proceeds of a joint fishing venture in which the fisher participates with other persons, and
(c) any other person who, whether or not employed under a contract of employment, performs work or services for another person on such terms and conditions that the person is, in relation to that other person, in a position of economic dependence on, and under an obligation to perform duties for, that other person;"lockout" includes the closing of a place of employment, a suspension of work by an employer or a refusal by an employer to continue to employ a number of the employer's employees, done to compel the employer's employees, or to aid another employer to compel that employer's employees, to agree to terms or conditions of employment;
"parties" means(a) in relation to the entering into, renewing or revising of a collective agreement and in relation to a dispute, the employer and the bargaining agent that acts on behalf of the employer's employees,
(b) in relation to a difference relating to the interpretation, application, administration or alleged contravention of a collective agreement, the employer and the bargaining agent, and
(c) in relation to a complaint to the Board under this Part, the complainant and any person or organization against whom or which the complaint is made;"professional employee" means an employee who(a) is, in the course of that employee's employment, engaged in the application of specialized knowledge ordinarily acquired by a course of instruction and study resulting in graduation from a university or similar institution, and
(b) is, or is eligible to be, a member of a professional organization that is authorized by statute to establish the qualifications for membership in the organization;
(3) Subsection 3(2) of the English version of the Act is replaced by the following:(2) No person ceases to be an employee within the meaning of this Part by reason only of the person ceasing to work as the result of a lockout or strike or by reason only of the person's dismissal contrary to this Part.
1.1 Section 8 of the English version of the Act is replaced by the following:8. (1) Every employee is free to join the trade union of the employee's choice and to participate in its lawful activities.
(2) Every employer is free to join the employers' organization of the employer's choice and to participate in its lawful activities.";(b) in clause 14, on page 14, in the English version, by replac ing lines 8 to 16 with the following:
"14. Subsection 30(2) of the Act is replaced by the following:(2) Where the Board orders that a representation vote be taken on an application by a trade union for certification as the bargaining agent for a unit in respect of which no other trade union is the bargaining agent, the Board shall include on the ballots a choice whereby an employee may indicate that the employee does not wish to be represented by any trade union named on the ballots.";
(c) in clause 15, on page 14, by replacing lines 30 to 37 with the following:"(2) Subsection 33(3) of the English version of the Act is replaced by the following:
(3) Where an employer ceases to be a member of an employers' organization or withdraws the authority referred to in subsection (1) or (1.1) that the employer granted to the employers' organization, the employer(a) continues to be bound by any collective agreement applicable to that employer's employees that was entered into by the employers' organization; and
(b) may be required to commence collective bargaining in accordance with section 48.";(d) on page 19, by adding after line 44 the following:
"25.1 Paragraph 51(1)(a) of the English version of the Act is replaced by the following:(a) the introduction by an employer into the employer's work, undertaking or business of equipment or material of a different nature or kind that the previously utilized by the employer in the operation of the work, undertaking or business; and
25.2 Subsection 52(1) of the English version of the Act is replaced by the following:52. (1) An employer who is bound by a collective agreement and who proposes to effect a technological change that is likely to affect the terms and conditions or security of employment of a significant number of the employer's employees to whom the collective agreement applies shall give notice of the technological change to the bargaining agent bound by the collective agreement at least one hundred and twenty days prior to the date on which the technological change is to be effected.";
(e) on page 20, in clause 26,(i) by replacing line 1 with the following:"26. (1) The portion of subsection 53(2) of the", and
(ii) by adding after line 8 the following:"(2) Paragraph 53(3)(c) of the English version of Act is replaced by the following:
(c) where an employee is reinstated pursuant to paragraph (b), require the employer to reimburse the employee for any loss of pay suffered by the employee as a result of the employee's displacement.
26.1 Subsection 58(2) of the English version of the Act is replaced by the following:(2) No order shall be made, process entered or proceeding taken in any court, whether by way of injunction, certiorari, prohibition, quo warranto or otherwise, to question, review, prohibit or restrain an arbitrator or arbitration board in any of the arbitrator's or the board's proceedings under this Part.";
(f) on page 21, by adding after line 3 the following:"27.1 Section 61 of the English version of the Act is replaced by the following:
61. An arbitrator or arbitration board shall determine the arbitrator's or the board's own procedure, but shall give full opportunity to the parties to the proceeding to present evidence and make submissions to the arbitrator or arbitration board.27.2 The portion of subsection 64(1) of the English version of the Act before paragraph (a) is replaced by the following:
64. (1) Every order or decision of an arbitrator or arbitration board shall be made or given within sixty days after, in the case of an arbitrator, the arbitrator's appointment, and, in the case of an arbitration board, the appointment of the arbitration board chairperson unless";(g) in clause 31, on page 22, by replacing line 27 with the following:
"31. (1) Paragraph 72(1)(d) of the English version of the Act is replaced by the following:(d) notify the parties, in writing, of the Minister's intention not to appoint a conciliation officer or conciliation commissioner or establish a conciliation board.
(2) Section 72 of the Act is amended by";(h) on page 25, by adding after line 24 the following:
"35.1 Paragraphs 84(a) and (b) of the English version of the Act are replaced by the following:(a) may determine the commissioner's or board's own procedure;
(b) has, in relation to any proceeding before the commissioner or board, the powers conferred on the Board, in relation to any proceeding before the Board, by paragraphs 16(a), (b), (c), (f) and (h); and35.2 Subsection 85(3) of the English version of the Act is replaced by the following:
(3) Where a person ceases to be a member of a conciliation board before the board has completed its work, another member shall be nominated and appointed in the member's place in accordance with section 82.";(i) in clause 39, on page 31, by replacing lines 3 to 6 with the following:
"39. Paragraphs 89(1)(c) and (d) of the Act are replaced by the following:(c) the Minister has
(i) received a notice, given under section 71 by either party to the dispute, informing the Minister of the failure of the parties to enter into or revise a collective agreement, or(ii) taken action under subsection 72(2);";
(j) in clause 40, on page 31,(i) by replacing line 30 with the following:"40. (1) The portion of subsection 91(2) of the"; and
(ii) by adding after line 40 the following:"(2) Paragraph 91(2)(c) of the English version of the Act is replaced by the following:
(c) requiring any employee who is participating in the strike to perform the employee's duties; and";
(k) in clause 41,(i) on page 31, by replacing line 41 with the following:"41. (1) The portion of section 92 of the Act"; and
(ii) on page 32, by adding after line 6 the following:"(2) Paragraph 92(b) of the English version of the Act is replaced by the following:
(b) requiring the employer or any person acting on behalf of the employer to discontinue the lockout and to permit any employee who was affected by the lockout to return to the employee's duties; and";
(l) in clause 42,(i) on page 32,
(A) by replacing lines 7 to 12 with the following:"42. (1) Subsection 94(2) of the English version of the Act is replaced by the following:
(2) An employer is deemed not to contravene subsection (1) by reason only that the employer
(a) in respect of a trade union that is the bargaining agent for a bargaining unit comprised of or including employees of the employer,(i) permits an employee or representative of the trade union to confer with the employer during hours of work or to attend to the business of the trade union during hours of work without any deduction from wages or any deduction of time worked for the employer,
(ii) provides free transportation to representatives of the trade union for purposes of collective bargaining, the administration of a collective agreement and related matters, or(iii) permits the trade union to use the employer's premises for the purposes of the trade union;
(b) contributes financial support to any pension, health or other welfare trust fund the sole purpose of which is to provide pension, health or other welfare rights or benefits to employees; or", and"(3) Paragraphs 94(3)(b) and (c) of the English version of the Act are replaced by the following:(B) by replacing line 30 with the following:
(b) impose any condition in a contract of employment that restrains, or has the effect of restraining, an employee from exercising any rights conferred on the employee by this Part;
(c) suspend, discharge or impose any financial or other penalty on an employee, or take any other disciplinary action against an employee, by reason of the employee's refusal to perform all or some of the duties and responsibilities of another employee who is participating in a strike or subject to a lockout that it not prohibited by this Part;(3.1) Subsection 94(3) of the Act is amended"; and
(ii) on page 33, by adding after line 5 the following:"(3.2) Paragraph 94(3)(f) of the English version of the Act is replaced by the following:
(f) suspend, discharge or impose any financial or other penalty on a person employed by the employer, or take any other disciplinary action against such a person, by reason of that person having refused to perform an act that is prohibited by this Part; or";
(m) in clause 43, on page 33, by adding after line 23 the fol lowing:"(2.1) Subparagraph 97(4)(b)(ii) of the English version of the Act is replaced by the following:
(ii) has not, within six months after the date on which the complainant first presented a grievance or appeal pursuant to paragraph (a), dealt with the grievance or appeal; and";(n) in clause 45, on page 35, by adding after line 14 the fol lowing:
"(2.1) Subparagraph 99(1)(c)(i) of the English version of the Act is replaced with the following:(i) employ, continue to employ or permit to return to the duties of the employee's employment any employee or other person whom the employer or any person acting on behalf of the employer has refused to employ or continue to employ, has suspended, transferred, laid off or otherwise discriminated against, or discharged for a reason that is prohibited by one of those paragraphs,";
(o) on page 35, by adding after line 36 the following:"46.1 (1) Paragraph 102(b) of the English version of the Act is replaced by the following:
(b) being commanded to produce, pursuant to paragraph 16(a), any document or thing in the person's possession or under the person's control, fails to produce the document or thing,(2) Paragraph 102(d) of the English version of the Act is replaced with the following:
(d) refuses to answer any proper question put to the person, pursuant to paragraph 16(a), by the Board, a conciliation board, a conciliation commissioner, an arbitrator or an arbitration board,";46.2 Paragraph 103(2)(b) of the English version of the Act is replaced by the following:
(b) any act or thing done or omitted to be done by an officer or agent of an employers' organization, trade union or council of trade unions within the scope of the officer's or agent's authority to act on behalf of the employers' organization, trade union or council of trade unions shall be deemed to be an act or thing done or omitted to be done by the employers' organization, trade union or council of trade unions.";(p) in clause 48, on page 36,
(i) by replacing lines 1 to 3 with the following:"48. Section 105 of the Act is replaced with the following:
105. (1) The Minister, on request or on the Minister's own initiative, may, where the Minister deems it expedient, at any time appoint a mediator to confer with the parties to a dispute or difference and endeavour to assist them in settling the dispute or difference.",
(ii) by adding after line 7 the following:"48.1 Sections 106 to 108 of the English version of the Act are replaced by the following:
106. The Minister, on application or of the Minister's own initiative, may, where the Minister deems it expedient, make any inquiries that the Minister considers advisable regarding matters that may affect industrial relations.
107. The Minister, where the Minister deems it expedient, may do such things as to the Minister seem likely to maintain or secure industrial peace and to promote conditions favourable to the settlement of industrial disputes or differences and to those ends the Minister may refer any question to the Board or direct the Board to do such things as the Minister deems necessary.108. (1) Pursuant to section 106 or where, in any industry, a dispute or difference between any employer and employees exists or is apprehended, the Minister may appoint a commission to be designated as an Industrial Inquiry Commission and to which the Minister shall refer the matter under consideration for investigation and report to the Minister.";
(q) on page 38(i) by adding after line 11 the following:"53.1 Section 119 of the English version of the Act is replaced by the following:
119. No member of the Board or a conciliation board, conciliation officer, conciliation commissioner, officer or employee employed by the Board or in the public service of Canada or person appointed by the Board or the Minister under this Part shall be required to give evidence in any civil action, suit or other proceeding respecting information obtained in the discharge of the person's duties under this Part.";
(ii) by adding after line 32 the following:"55.1 The portion of paragraph 125.1(e) of the English version of the Act before subparagraph (i) is replaced by the following:
(e) subject to the Hazardous Materials Information Review Act, make available, in the manner prescribed, to each of the employer's employees a material safety data sheet, with respect to each controlled product in the work place, that discloses the following information, namely,
55.2 Subsection 125.2(1) of the English version of the Act is replaced by the following:125.2 (1) An employer shall, in respect of any controlled product in a work place controlled by the employer, provide, as soon as is practicable in the circumstances, any information referred to in paragraph 125.1(e) that is in the employer's possession to any physician or other prescribed medical professional who requests that information for the purpose of making a medical diagnosis of, or rendering medical treatment to, an employee in an emergency.
55.3 (1) Subsection 128(4) of the English version of the Act is replaced by the following:(4) An employee who, pursuant to subsection (3), is informed that the employee may not discontinue the use or operation of a machine or thing or to work in a place shall not, while the ship or aircraft on which the employee is employed is in operation, refuse pursuant to this section to operate the machine or thing or to work in that place.
(2) The portion of subsection 128(6) of the English version of the Act before paragraph (a) is replaced by the following:(6) Where an employee refuses to use or operate a machine or thing or to work in a place pursuant to subsection (1), or is prevented from acting in accordance with that subsection pursuant to subsection (4), the employee shall forthwith report the circumstances of the matter to the employee's employer and to
55.4 (1) The portion of subsection 129(2) of the English version of the Act after paragraph (b) is replaced by the following:and the safety officer shall forthwith notify the employer and the employee of the decision.
(2) Subsection 129(5) of the English version of the Act is replaced by the following:(5) Where a safety officer decides that the use or operation of a machine or thing does not constitute a danger to an employee or that a condition does not exist in a place that constitutes a danger to an employee, an employee is not entitled under section 128 or this section to continue to refuse to use or operate the machine or thing or to work in that place, but the employee may, by notice in writing given within seven days of receiving notice of the decision of a safety officer, require the safety officer to refer that decision to the Board, and thereupon the safety officer shall refer the decision to the Board.
55.5 (1) The portion of subsection 135(4) of the English version of the Act before paragraph (a) is replaced by the following:(4) Where, pursuant to a collective agreement or any other agreement between an employer and the employer's employees, a committee of persons has been appointed in respect of a work place controlled by an employer and the committee has, in the opinion of a safety officer, a responsibility for matters relating to safety and health in the work place to such an extent that a safety and health committee established under subsection (1) for that work place would not be necessary,
55.6 (1) Paragraph 141(1)(c) of the English version of the Act is replaced by the following:(c) be accompanied and assisted by such persons and bring such equipment as the safety officer deems necessary to carry out the officer's duties;
(2) Paragraph 141(1)(f) of the English version of the Act is replaced with the following:(f) direct the employer to produce documents and information relating to the safety and health of the employer's employees or the safety of the work place and to permit the safety officer to examine and make copies of or extracts from those documents and that information; and
55.7 Sections 142 to 144 of the English version of the Act are replaced by the following:142. The person in charge of any work place and every person employed at, or in connection with, that work place shall give a safety officer all reasonable assistance to enable the officer to carry out the officer's duties under this Part.
143. No person shall obstruct or hinder, or make a false or misleading statement either orally or in writing to, a safety officer engaged in carrying out the officer's duties under this Part.144. No safety officer or person who, as a member of a safety and health committee or as a safety and health representative, has assisted the safety officer in carrying out the officer's duties under this Part shall be required to give testimony in any civil suit with regard to information obtained in the discharge of the officer's duties except with the written permission of the Minister.
55.8 Subsection 146(1) of the English version of the Act is replaced by the following:146. (1) Any employer, employee or trade union aggrieved by any direction issued by a safety officer under this Part may, within fourteen days of the date of the direction, request that the direction be reviewed by a regional safety officer for the region in which the place, machine or thing in respect of which the direction was issued is situated.
55.9 Paragraph 147(a) of the English version of the Act is replaced by the following:(a) dismiss, suspend, lay off or demote an employee or impose any financial or other penalty on an employee or refuse to pay the employee remuneration in respect of any period of time that the employee would, but for the exercise of the employee's rights under this Part, have worked or take any disciplinary action against or threaten to take any such action against an employee because that employee
(i) has testified or is about to testify in any proceeding taken or inquiry held under this Part,(ii) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the safety or health of that employee or any of that employee's fellow employees, or
(iii) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part; or55.10 Section 153 of the English version of the Act is replaced by the following:
153. The judge of a court to whom an application under section 152 is made may, in the judge's discretion, make the order applied for under that section and the order may be entered and enforced in the same manner as any other order or judgment of that court.";(r) on page 39,
(i) by adding after line 2 the following:"57.1 Subsection 168(1) of the English version of the Act is replaced by the following:
168. (1) This Part and all regulations made under this Part apply notwithstanding any other law or any custom, contract or arrangement, but nothing in this Part shall be construed as affecting any rights or benefits of an employee under any law, custom, contract or arrangement that are more favourable to the employee than the employee's rights or benefits under this Part.
57.2 Subsection 169(3) of the English version of the Act is replaced by the following:(3) In a week in which one or more general holidays occur that under Division V entitle an employee to holidays with pay in that week, the hours of work of the employee in that week shall be reduced by the standard hours of work for each general holiday in that week and, for the purposes of this subsection, in calculating the time worked by an employee in any such week, no account shall be taken of any time worked by the employee on the holidays or of any time during which the employee was at the disposal of the employee's employer during the holidays.
57.3 Paragraph 190(h) of the English version of the Act is replaced by the following:(h) providing for the application of this Division where, owing to illness or other unavoidable absence, an employee has been absent from the employee's employment.
57.4 Subsection 193(1) of the English version of the Act is replaced by the following:(1) Except as otherwise provided by this Division and subject to subsection (2), when a general holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to the employee's annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.
57.5 Subsections 196(2) and (3) of the English version of the Act are replaced by the following:(2) An employee whose wages are calculated on a daily or hourly basis shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at the employee's regular rate of wages for the employee's normal hours of work.
(3) An employee whose wages are calculated on any basis other than a basis mentioned in subsection (1) or (2) shall, for a general holiday on which the employee does not work, be paid at least the equivalent of the wages the employee would have earned at the employee's regular rate of wages for the employee's normal working day.57.6 Section 197 of the English version of the Act is replaced by the following:
197. Except in the case of an employee employed in a continuous operation, an employee who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be paid, in addition to the employee's regular rate of wages for that day, at a rate at least equal to one and one-half times the employee's regular rate of wages for the time that the employee worked on that day.57.7 Paragraphs 198(a) and (b) of the English version of the Act are replaced by the following:
(a) shall be paid, in addition to the employee's regular rate of wages for that day, at a rate at least equal to one and one-half times the employee's regular rate of wages for the time that the employee worked on that day;(b) shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to the employee's annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer; or
57.8 Section 199 of the English version of the Act is replaced by the following:199. Notwithstanding sections 197 and 198, an employee excluded from the application of Division I under subsection 167(2) who is required to work on a day on which the employee is entitled under this Division to a holiday with pay shall be given a holiday and pay in accordance with section 196 at some other time, which may be by way of addition to the employee's annual vacation or granted as a holiday with pay at a time convenient to both the employee and the employer.
57.9 (1) Paragraph 201(2)(b) of the English version of the Act is replaced by the following:(b) in respect of which the employee decides to be unavailable to work in accordance with the conditions of employment in the industrial establishment in which the employee is employed.
(2) Subsection 201(4) of the English version of the Act is replaced by the following:(4) An employee described in subsection (3) is not entitled to a holiday with pay referred to in section 193 in respect of any general holiday on which the employee does not work, but, notwithstanding section 196, the employee is entitled to be paid 1/20th of the wages the employee has earned during the thirty calendar days immediately preceding that general holiday.
57.10 Subsection 202(1) of the English version of the Act is replaced by the following:202. (1) An employee is not entitled to pay for a general holiday that occurs in the employee's first thirty days of employment with an employer if the employee does not work on that day, but if required to work on the general holiday the employee shall be paid at a rate at least equal to one and one-half times the employee's regular rate of wages for the time that the employee worked on that day, unless the employee is employed in a continuous operation in which case the employee is entitled to the employee's regular rate of wages for the time that the employee worked on that day.
57.11 Subsections 210(1) and (2) of the English version of the Act are replaced by the following:210. (1) Every employee is entitled to and shall be granted, in the event of the death of a member of the employee's immediate family, bereavement leave on any of the employee's normal working days that occur during the three days immediately following the day of the death.
(2) Every employee who has completed three consecutive months of continuous employment by an employer and is entitled to bereavement leave under subsection (1) is entitled to such leave with pay at the employee's regular rate of wages for the employee's normal hours of work, and such pay shall for all purposes be deemed to be wages.57.12 Subsection 212(1) of the English version of the Act is replaced by the following:
212. (1) Any employer who terminates, either simultaneously or within any period not exceeding four weeks, the employment of a group of fifty or more employees employed by the employer within a particular industrial establishment, or of such lesser number of employees as prescribed by regulations applicable to the employer made under paragraph 227(b), shall, in addition to any notice required to be given under section 230, give notice to the Minister, in writing, of the employer's intention to so terminate at least sixteen weeks before the date of termination of the employment of the employee in the group whose employment is first to be terminated.57.13 Subsection 213(2) of the English version of the Act is replaced by the following:
(2) An employer who gives notice to the Minister under section 212 shall give each redundant employee, as soon as possible after the notice is so given but in any case not later than two weeks before the date of the termination of the employment of the employee, a statement in writing setting out, as at that date, the employee's vacation benefits, wages, severance pay and any other benefits and pay arising from the employee's employment with that employer.57.14 Subsection 215(5) of the English version of the Act is replaced by the following:
(5) An employer is entitled to appoint, as the employer's representatives on a joint planning committee, a number of members not exceeding the number of members to be appointed to the committee pursuant to subsections (1), (2) and (3).57.15 Subsection 219(2) of the English version of the Act is replaced with the following:
(2) The members of a joint planning committee shall elect from among themselves two co-chairpersons, one being a representative of the redundant employees selected by their representatives and the other being a representative of the employer selected by the employer's representatives.57.16 Section 220 of the English version of the Act is replaced by the following:
220. A member of a joint planning committee is entitled to such time from work as is necessary to attend sittings of the committee or to carry out any other functions as such a member, and any time spent by the member in carrying out any functions as a member shall, for the purpose of calculating wages owing to the member, be deemed to have been spent at the member's work.57.17 Paragraph 227(d) of the English version of the Act is replaced by the following:
(d) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee's employment by the employer.57.18 (1) Paragraphs 230(1)(a) and (b) of the English version of the Act are replaced by the following:
(a) notice in writing, at least two weeks before a date specified in the notice, of the employer's intention to terminate the employee's employment on that date, or(b) two weeks wages at the employee's regular rate of wages for the employee's regular hours of work, in lieu of the notice.
(2) Paragraph 230(2)(b) of the English version of the Act is replaced by the following:".(b) pay to any employee whose employment is terminated as a result of the redundancy of the position two weeks wages at the employee's regular rate of wages.
57.19 Paragraph 231(1)(b) of the English version of the Act is replaced by the following:(b) shall, between the time when the notice is given and the date specified therein, pay to the employee the employee's regular rate of wages for the employee's regular hours of work.
57.20 Section 232 of the English version of the Act is replaced by the following:232. Where an employee to whom notice is given pursuant to subsection 230(1) continues to be employed by the employer for more than two weeks after the date specified in the notice, the employment shall not, except with the written consent of the employee, be terminated except by way of dismissal for just cause unless the employer again complies with subsection 230(1) in respect of the employee.
57.21 Paragraph 233(a) of the English version of the Act is replaced by the following:(a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee's employment by the employer; and
57.22 Paragraphs 235(a) and (b) of the English version of the Act are replaced by the following:(a) two days wages at the employee's regular rate of wages for the employee's regular hours of work in respect of each completed year of employment that is within the term of the employee's continuous employment by the employer, and
(b) five days wages at the employee's regular rate of wages for the employee's regular hours of work.57.23 Paragraph 236(a) of the English version of the Act is replaced by the following:
(a) prescribing circumstances in which a lay-off of an employee shall not be deemed to be a termination of the employee's employment by the employer;57.24 Paragraph 239(1)(c) of the English version of the Act is replaced by the following:
(c) the employee, if requested in writing by the employer within fifteen days after the employee's return to work, provides the employer with a certificate of a qualified medical practitioner certifying that the employee was incapable of working due to illness or injury for a specified period of time, and that that period of time coincides with the absence of the employee from work.";(ii) by adding after line 9 the following:"58.1 Paragraph 242(4)(b) of the English version of the Act is replaced by the following:
(b) reinstate the person; and
58.2 Subsection 246(1) of the English version of the Act is replaced by the following:246. (1) No civil remedy of an employee against the employee's employer is suspended or affected by sections 240 to 245.
58.3 (1) Paragraphs 249(2)(c) and (d) of the English version of the Act are replaced by the following:(c) require any employer to make or furnish full and correct statements, either orally or in writing, in such form as may be required, respecting the wages paid to all or any of the employer's employees, and the hours of work and conditions of their employment;
(d) require an employee to make full disclosure, production and delivery to the inspector of all records, documents, statements, writings, books, papers, extracts therefrom or copies thereof or of other information, either orally or in writing, that are in the possession or under the control of the employee and that in any way relate to the wages, hours of work or conditions of the employee's employment; and(2) Subsections 249(3) to (5) of the English version of the Act are replaced by the following:
(3) An inspector may, at any reasonable time, enter on any place used in connection with a federal work, undertaking or business for the purpose of making an inspection authorized under subsection (2), and may, for that purpose, question any employee apart from the employer.(4) The person in charge of any federal work, undertaking or business and every person employed thereon or in connection with the operation thereof shall give an inspector all reasonable assistance to enable the inspector to carry out the inspector's duties and functions under this Part or the regulations.
(5) The Minister shall furnish every inspector with a certificate of the inspector's designation as an inspector and on entering any place used in connection with a federal work, undertaking or business an inspector shall, if so required, produce the certificate to the person in charge of that place.58.4 The portion of subsection 251(2) of the English version of the Act before paragraph (a) is replaced by the following:
(2) Where an inspector determines pursuant to subsection (1) that there is a difference between the wages or other amounts actually paid to an employee and the wages or other amounts to which the employee is entitled and the amount of that difference is agreed to in writing by the employee and the employer, the employer shall, within five days after the date of the agreement, pay the amount58.5 Subsection 252(1) of the English version of the Act is replaced by the following:
252. (1) Every employer shall furnish such information relating to the wages of the employer's employees, their hours of work and their general holidays, annual vacations and conditions of work, and make such returns thereon from time to time as the Minister may require.58.6 Subsection 257(1) of the English version of the Act is replaced by the following:
257. (1) A complaint or information under this Part may relate to one or more offences by one employer in respect of one or more of the employer's employees.58.7 Paragraph 258(2)(b) of the English version of the Act is replaced by the following:
(b) to reinstate the employee at such date as in the opinion of the court is just and proper in the circumstances and in the position that the employee would have held but for such discharge.58.8 Sections 260 and 261 of the English version of the Act are replaced by the following:
260. Where a person who makes a complaint to the Minister requests that the person's name and identity be withheld, the person's name and identity shall not be disclosed by the Minister or the Minister's officials except where disclosure is necessary for the purposes of a prosecution or is considered by the Minister to be in the public interest.261. No civil remedy of an employee against the employee's employer for arrears of wages is suspended or affected by this Part.
58.9 (1) Paragraph 264(d) of the English version of the Act is replaced by the following:(d) for calculating and determining wages received by an employee in respect of the employee's employment, including the monetary value of remuneration other than money and, for the purposes of any provision or provisions of this Part specified in the regulations, the regular rate of wages of employees;
(2) Paragraph 264(g) of the English version of the Act is replaced by the following:(g) fixing the minimum period that an employer may allow the employer's employee for meals, and the maximum period for which an employer may require or permit an employee to work or be at the employer's disposal without a meal period intervening;",
(iii) in clause 59,
(A) by deleting line 20; and
(B) by renumbering paragraphs (g) to (k) as paragraphs (f) to (j) and any cross-references thereto accordingly; and
(iv) in clause 61, on page 39, by replacing line 30 with the following:"61. Subsection 219(3) of the".
After debate, The question being put on the motion in amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Angus, Atkins, Berntson, Buchanan, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Kelleher, Kelly, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Phillips, Rossiter, Simard, Spivak, Stratton, Tkachuk-28
NAYS
The Honourable Senators
Adams, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Fitzpatrick , Forest, Grafstein, Graham, Hays, Hébert, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kolber, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Moore, Pépin, Poulin, Prud'homme, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Taylor, Watt-43ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Fitzpatrick, for the third reading of Bill C-19.After debate, In amendment, the Honourable Senator DeWare moved, second by the Honourable Senator Kinsella, that the Bill be not now read a third time but that it be amended,
(a) in clause 2, on page 3, by replacing lines 17 to 19 with the following:"(5) The Chairperson, Vice-Chairpersons and two thirds of all other members of the Board must have experience and expertise in industrial relations.";
(b) in clause 7, on page 12, by replacing lines 28 and 29 with the following:"lective agreements respecting expiry dates, or amend other such";(c) in clause 33, on page 23, by replacing lines 33 and 34 with the following:
"75. (1) The Minister may extend the time";
(d) in clause 37, on page 30, by adding after line 37 the fol lowing:"(4) The Governor in Council may, by regulation, extend the application of this section in order to provide for the continuation of services normally provided to ensure the tie-up, let-go and loading of vessels for commodities other than grain and the movement of the vessels in and out of a port.";
(e) in clause 42, on page 32, by replacing lines 19 to 24 to with the following:"(2.1) Where the use of replacement workers in a dispute is demonstrated to be for the purpose of undermining the trade union's representative capacity rather than the pursuit of legitimate bargaining objectives and is declared by the Board to be an unfair labour practice for that reason, no employer or person acting on behalf of an employer shall use the services of a person who was not an"; and
(f) in clause 50, on page 37, by replacing lines 4 to 10 with the following:"(a) seek the consent of each employee to the giving of their name and address to the representative of the trade union that the Board authorizes and, if the employee consents, transmit that name and address to the authorized representative; or".After debate, The question being put on the motion in amendment, it was negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Fitzpatrick, for the third reading of Bill C-19.
After debate, In amendment, the Honourable Senator Kinsella moved, second by the Honourable Senator DeWare, that the Bill be not now read a third time but that it be amended(a) on page 35, by deleting clause 46; and
(b) by renumbering clauses 47 to 97 as clauses 46 to 96, and any cross references thereto, accordingly.After debate, The question being put on the motion in amendment, it was negatived on the following division:
YEAS-POUR
The Honourable Senators
Angus, Atkins, Berntson, Buchanan, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Kelleher, Kelly, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Olivier, Phillips, Rossiter, Simard, Spivak, Stratton, Tkachuk-28NAYS
The Honourable Senators
Adams, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Corbin, Fairbairn, Ferretti Barth, Fitzpatrick , Forest, Gigantès, Grafstein, Graham, Hays, Hébert, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kolber, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Pépin, Poulin, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Taylor, Watt, Wilson-42ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Fitzpatrick, for the third reading of Bill C-19, it was adopted on the following division:YEAS
The Honourable Senators
Adams, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Corbin, Fairbairn, Ferretti Barth, Fitzpatrick , Forest, Gigantès, Grafstein, Graham, Hays, Hébert, Hervieux-Payette, Johnstone, Joyal, Kenny, Kirby, Kolber, Kroft, Lewis, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Pépin, Poulin, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Taylor, Watt, Wilson-42NAYS
The Honourable Senators
Angus, Atkins, Berntson, Buchanan, Cohen, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Kelleher, Kelly, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Olivier, Phillips, Rossiter, Simard, Spivak, Stratton, Tkachuk-28ABSTENTIONS
The Honourable Senators
Nil
Accordingly, the Bill was 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, without amendment.
SPEAKER'S RULING
Honourable Senators, I am now prepared to rule on the point of order raised by the Honourable Senator Phillips earlier today. I wish to thank honourable senators for giving me the time to carefully read the motion in amendment. I compared it with the original motion and I was also able to consult Beauchesne's Parliamentary Rules & Forms.Senator Kinsella referred to paragraph 567, which I have carefully considered, was as well as other paragraphs, including those regarding inadmissible amendments, such matters as cannot be resolved in the negative, and so on.
Paragraph 567 states:The object of an amendment may be either to modify a question in such a way as to increase its acceptability or to present to the House a different proposition as an alternative to the original question.
As I look at the amendment, I find that it is indeed a different proposition which will increase its likelihood of passage. However, it would change the original motion. In a sense, it is a clarification. It does not negative the previous motion; it simply accepts one of the recommendations rather than all of the recommendations as put forward in the motion.Therefore, I do not find it to be out of order. I agree with paragraph 567 of Beauchesne. It is in order.
The Senate resumed 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; andThat a copy of this motion be forwarded to each federal, provincial and territorial Minister of Health,
And on the motion in amendment of the Honourable Senator Kirby, seconded by the Honourable Senator Carstairs, that the motion be not now adopted but that it be amended by removing all the words after the word "supports" in paragraph one and replacing them with the following:"recommendation 1 of the Commission of Inquiry on the Blood System in Canada which calls upon provinces and territories to respond to the needs of those who suffered due to the management of the blood supply system;
That the Senate recognizes the leadership role played by the Government of Canada in formulating a Federal-Provincial compensation package for those infected with Hepatitis-C through the blood supply system between 1986 and 1990;
That, in view of the fact that Federal and Provincial Governments have agreed to revisit the original agreement to seek a greater consensus concerning our response to this national tragedy, the Senate urges the Government of Canada and the Government of the Provinces and Territories to take positive action to address the needs of those who suffer ill-effects from Hepatitis-C contracted through the blood system; and
That a copy of this motion be forwarded to each federal, provincial and territorial Minster of Health."After debate, The question being put on the motion in amendment, it was adopted.
The question then being put on the main motion, as amended, it was adopted.
GOVERNMENT BUSINESS
Reports of Committees
Consideration of the Thirteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (appointment of the Honourable John M. Reid, P.C., as Information Commissioner) presented in the Senate earlier this day.The Honourable Senator Milne moved, seconded by the Honourable Senator Butts, that the Report be adopted.
The question being put on the motion, it was adopted.Accordingly, the Senate approved the appointment of the Honourable John M. Reid, P.C. as Information Commissioner
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator DeWare, for the third reading of Bill S-10, An Act to amend the Excise Tax Act.After debate, In amendment, the Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be not now read the third time, but that it be amended in clause 1, on page 1, by replacing line 8 with the following:
"ture or other reading material, including any pictorial representation or other expressive media approved for use by an educational institution in its programs, but not including any material that
(a) contains an age restriction imposed by law on its sale, purchase or viewing;
(b) is either obscene within the meaning of section 163 of the Criminal Code, or of a pornographic nature; or
(c) contains more than five percent advertising.".After debate, In amendment, the Honourable Senator Di Nino moved, seconded by the Honourable Senator Kinsella, that the motion in amendment be amended
(a) by adding the word "or" after paragraph (a);
(b) by deleting the word "or" after paragraph (b); and
(c) by deleting paragraph (c).After debate, The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Gigantès, that further debate on the sub-amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Adams, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, Corbin, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Gigantès, Grafstein, Graham, Hébert, Hervieux-Payette, Johnstone, Joyal, Kirby, Kroft, Losier-Cool, Maheu, Mahovlich, Maloney, Mercier, Milne, Pépin, Poulin, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Ruck, Sparrow, Stewart, Taylor, Watt, Wilson-40,NAYS
The Honourable Senators
Angus, Atkins, Berntson, Cohen, Comeau, DeWare, Di Nino, Forrestall, Grimard, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Phillips, Rossiter, Simard, Spivak, Stratton, Tkachuk-24ABSTENTIONS
The Honourable Senators
Nil
Order No. 2 was called and postponed until the next sitting.Private Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Consideration of the Twelfth Report of Standing Senate Committee on Legal and Constitutional Affairs (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, with amendments) presented in the Senate earlier today.The Honourable Senator Milne moved, seconded by the Honourable Senator Bryden, that the Report be adopted.
After debate, In amendment, the Honourable Senator Grafstein moved, seconded by the Honourable Senator Pépin, that the Report be not now adopted, but that it be referred back to the Standing Senate Committee on Legal and Constitutional Affairs for further consideration.After debate, The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Phillips, 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 and 2 were called and postponed until the next sitting.
_____________________________________________
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.The Communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
June 18, 1998Mr. Speaker:
I have the honour to inform you that the Honourable Ian Binnie, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 18th day of June, 1998, at 9:45 p.m. for the purpose of giving Royal Assent to certain Bills.Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General
The HonourableThe Speaker of the Senate
Ottawa
Reports of Committees
Consideration of the Twenty-third Report of the Standing Committee on Internal Economy, Budgets and Administration (funds for additional research) presented earlier this day.The Honourable Senator Nolin moved, seconded by the Honourable Senator LeBreton, that the Report be adopted.
The question being put on the motion, it was adopted.Other
Resuming debate on the inquiry of the Honourable Senator LeBreton calling the attention of the Senate to the Report entitled: Cancelling the Pearson Airport Agreements, by Stephen D. Lerner.Debate concluded.
With leave of the Senate, The Honourable Senator Tkachuk tabled the following:Report entitled: Cancelling the Pearson Airport Agreements, by Stephen D. Lerner. (English Text)-Sessional Paper No. 1/36-660S.
______________________________________________
Ordered, That Order No. 2 under Reports of Committees be again called.Consideration of the Ninth Report of the Standing Senate Committee on Transport and Communications (study on the state of transportation safety and security in Canada), tabled in the Senate on June 10, 1998.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Corbin, that the Report be adopted.The question being put on the motion, it was adopted.
Other
Order No. 15 (inquiry) was called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Cohen:
That, within 90 days of the adoption of this motion, the Leader of the Government shall provide the Senate with the response of the Government to the Eleventh Report of the Standing Senate Committee on Banking, Trade and Commerce entitled: "The Canada Pension Plan Investment Board: Getting it Right", tabled in the Senate on March 31, 1998.After debate, The question being put on the motion, it was adopted.
Orders No. 27 (inquiry), 45 (motion), 23, 32 (inquiries), 1 (motion), 34 and 37 (inquiries) were called and postponed until the next sitting.INQUIRIES
The Honourable Senator Comeau called the attention of the Senate to the 99th Inter-Parliamentary Conference, held at Windhoek, Namibia, from April 5 to 11, 1998.After debate, The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.The Honourable Senator Spivak called the attention of the Senate to: "The Report of the Commissioner on the Environment and Sustainable Development to the House of Commons, 1998", and The Report of the Standing Committee on Environment and Sustainable Development, "Enforcing Canada's Pollution Laws: the Public Interest Must Come First."
Debate.______________________________________________
Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General.After awhile, the Honourable William Ian Corneil Binnie, a Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-"It is the desire of the Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber."
The House of Commons being come,The Honourable the Speaker of the Senate said-
"Honourable Members of the Senate:Members of the House of Commons:
I have the honour to inform you that His Excellency the Governor General has been pleased to cause Letters Patent to be issued under His Sign Manual and Signet constituting the Honourable William Ian Corneil Binnie, Puisne Judge of the Supreme Court of Canada, his Deputy, to do in His Excellency's name all acts on his part necessary to be done during His Excellency's pleasure."The said Commission was then read by one of the Clerks at the Table as follows:-
CANADA
Roméo LeBlanc(L.S.)
BY HIS EXCELLENCY the Right Honourable Roméo A. LeBlanc, a Member of the Queen's Privy Council for Canada, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.
TO THE HONOURABLE WILLIAM IAN CORNEIL BINNIE, a Puisne Judge of the Supreme Court of Canada.GREETING:
KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Roméo A. LeBlanc, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the sixteenth day of January in the year of Our Lord one thousand nine hundred and ninety-five, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, William Ian Corneil Binnie, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.PROVIDED ALWAYS that the appointment of my said Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Roméo A. LeBlanc, in person.
AND PROVIDED ALWAYS, that you, William Ian Corneil Binnie, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.GIVEN under my hand and seal at Ottawa, this twenty-third day of January in the year of Our Lord one thousand nine hundred and ninety-eight and in the forty-sixth year of Her Majesty's Reign.
BY COMMAND,KEVIN LYNCH
Deputy Registrar General of Canada.One of the Clerks at the table then read the titles of the Bills to be assented to as follows:
An Act to amend the Income Tax Act, the Income Tax Application Rules, the Bankruptcy and Insolvency Act, the Canada Pension Plan, the Children's Special Allowances Act, the Companies' Creditors Arrangement Act, the Cultural Property Export and Import Act, the Customs Act, the Customs Tariff, the Employment Insurance Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Conventions Interpretation Act, the Old Age Security Act, the Tax Court of Canada Act, the Tax Rebate Discounting Act, the Unemployment Insurance Act, the Western Grain Transition Payments Act and certain Acts related to the Income Tax Act (Bill C-28, Chapter 19, 1998)An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and to make a consequential amendment to another Act (Bill S-2, Chapter 20, 1998)
An Act to implement certain provisions of the budget tabled in Parliament on February 24, 1998 (Bill C-36, Chapter 21, 1998)An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act (Bill C-26, Chapter 22, 1998)
An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act (Bill C-47, Chapter 23, 1998)An Act respecting the powers of the Mi'Kmaq of Nova Scotia in relation to education (Bill C-30, Chapter 24, 1998)
An Act to provide for an integrated system of land and water management in the Mackenzie Valley, to establish certain boards for that purpose and to make consequential amendments to other Acts (Bill C-6, Chapter 25, 1998)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 (Bill C-19, Chapter 26, 1998)
An Act to change the name of certain electoral districts (Bill C-410, Chapter 27, 1998).To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."10:12 p.m.
The Speaker of the House of Commons addressed the Honourable the Deputy of His Excellency the Governor General as follows:"May it Please Your Honour:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.In the name of the Commons, I present to Your Honour the following Bills:
An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999 (Bill C-45, Chapter 28, 1998)An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999 (Bill C-46, Chapter 29, 1998)
To which Bills I humbly request Your Honour's Assent."After one of the Clerks at the Table read the titles of the Bills-
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills."
10:14 p.m.The Commons withdrew.
After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.INQUIRIES
Resuming debate on the inquiry of the Honourable Senator Spivak calling the attention of the Senate to: "The Report of the Commissioner on the Environment and Sustainable Development to the House of Commons, 1998", and The Report of the Standing Committee on Environment and Sustainable Development, "Enforcing Canada's Pollution Laws: the Public Interest Must Come First."Debate concluded.
MOTIONS
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Johnson:That a special committee of the Senate be appointed to examine and report upon the state of transportation safety and security in Canada and to complete a comparative review of technical issues and legal and regulatory structures with a view to ensuring that transportation safety and security in Canada are of such high quality as to meet the needs of Canada and Canadians in the twenty-first century;
That the committee be composed of seven Senators, three of whom shall constitute a quorum;That the committee be empowered to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That the papers and evidence received by the Sub-Committee on Transportation Safety of the Standing Senate Committee on Transport and Communications taken on the subject and the work accomplished during the Second Session of the Thirty-fifth Parliament and the First Session of the Thirty-sixth Parliament be referred to the Committee;That the committee be empowered to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its study;
That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;That the committee be empowered to adjourn from place to place within and outside Canada;
That the Committee present its final report no later than March 31, 1999; andThat, notwithstanding usual practices, if the Senate is not sitting when the final report of the committee is completed, the committee shall deposit its report with the Clerk of the Senate, and said report shall thereupon be deemed to have been tabled in this Chamber.
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:That a special committee of the Senate be appointed to examine and report upon the state of transportation safety and security in Canada and to complete a comparative review of technical issues and legal and regulatory structures with a view to ensuring that transportation safety and security in Canada are of such high quality as to meet the needs of Canada and Canadians in the twenty-first century;
That the committee be composed of seven Senators, three of whom shall constitute a quorum;That, notwithstanding Rule 85(1(b), the members of the Special Committee be the Honourable Senators Adams, Bacon, Fitzpatrick, Forrestall, Johnson, Mercier and Roberge;
That the committee be empowered to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;That the papers and evidence received by the Sub-Committee on Transportation Safety of the Standing Senate Committee on Transport and Communications taken on the subject and the work accomplished during the Second Session of the Thirty-fifth Parliament and the First Session of the Thirty-sixth Parliament be referred to the Committee;
That the committee be empowered to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its study;That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That the committee be empowered to adjourn from place to place within and outside Canada;That the Committee present its final report no later than March 31, 1999; and
That, notwithstanding usual practices, if the Senate is not sitting when the final report of the committee is completed, the committee shall deposit its report with the Clerk of the Senate, and said report shall thereupon be deemed to have been tabled in this Chamber.After debate, The question being put on the motion, as modified, it was adopted.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Spivak:That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon the dimensions of social cohesion in Canada in the context of globalization and other economic and structural forces that influence trust and reciprocity among Canadians; and
That the Committee present its report no later than June 30, 1999.After debate, The question being put on the motion, it was adopted.
______________________________________________
With leave, The Senate reverted to INQUIRIES.The Honourable Senator Milne called the attention of the Senate to the journey of a Parliamentary delegation to the Tenth Annual Commonwealth Parliamentary Association Seminar held in Charlottetown, Prince Edward Island.
Debate concluded.With leave of the Senate, The Honourable Senator Milne tabled the following:
Report concerning the Tenth Annual Commonwealth Parliamentary Association Seminar, held in Charlottetown, P. E. I., from May 21 to 26, 1998. (English text)-Sessional Paper No. 1/36-661S.With leave, The Senate reverted to Government Notices of Motions.
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Gigantès:That when the Senate adjourns today, it do stand adjourned until Tuesday, September 22, 1998, at 2:00 p.m.
The question being put on the motion, it was adopted.ADJOURNMENT
The Honourable Senator Hébert moved, seconded by the Honourable Senator Gigantès:That the Senate do now adjourn.
The question being put on the motion, it was adopted.______________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and TechnologyThe names of the Honourable Senators Ferretti Barth, Maloney, Carstairs, Maloney and Comeau substituted for those of the Honourable Senators Maloney, Ferretti Barth, Maloney, Carstairs and Beaudoin (June 17).
Standing Senate Committee on Legal and Constitutional AffairsThe name of the Honourable Senator Grafstein substituted for that of the Honourable Senator Watt (June 17).
The name of the Honourable Senator Corbin substituted for that of the Honourable Senator Bryden (June 18).Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Chalifoux removed from the membership (June 17).