47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 98

Tuesday, December 1, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin (Charette), Poy, Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stollery, Stratton, Tkachuk, Watt, Whelan

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, *Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin (Charette), Poy, Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stollery, Stratton, Tkachuk, Watt, Whelan

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Graham, P.C., tabled the following:

Response by the Government of Canada to the Eleventh Report of the Standing Senate Committee on Banking, Trade and Commerce entitled: "The Canada Pension Plan Investment Board: Getting it Right."-Sessional Paper No. 1/36-936S.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Ghitter, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Sixth Report (Bill C-38, An Act to amend the National Parks Act (creation of Tuktut Nogait National Park)) without amendment.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.

The question being put on the motion, it was adopted. The Honourable Senator Stewart, Chair of the Standing Senate Committee on Foreign Affairs tabled its Eighth Report entitled: "Crisis in Asia: Implications for the Region, Canada and the World".-Sessional Paper No. 1/36-937S.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Kroft:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, December 2, 1998, at 1:30 p.m.

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

Introduction and First Reading of Government Bills

The Honourable Senator Carstairs presented a Bill S-21, An Act respecting the corruption of foreign public officials and the implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and to make related amendments to other Acts.

The Bill was read the first time.

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 second reading on Thursday next, December 3, 1998.

The question being put on the motion, it was adopted. The Honourable Senator Carstairs presented a Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health.

The Bill was read the first time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, December 3, 1998.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Hays tabled the following:

Report of the Asia-Pacific Parliamentary Forum on the Sixth General Assembly of the Asia-Pacific Parliamentarians' Conference on Environment and Development, which was held in Guilin, China, from October 14 to 18, 1998.-Sessional Paper No. 1/36-938.

Notices of Motions

With leave of the Senate, The Honourable Senator Kelly moved, seconded by the Honourable Senator Kinsella:

That notwithstanding the Order of the Senate adopted on November 19, 1998, the Special Committee of the Senate on Security and Intelligence be empowered to present its final report no later than Friday, January 15, 1999.

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

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill C-52, An Act to implement the Comprehensive Nuclear Test-Ban Treaty,

And to acquaint the Senate that the Commons have agreed to the amendment made by the Senate to this Bill, without amendment. A Message was brought from the House of Commons to return Bill S-16, An Act to implement an agreement between Canada and the Socialist Republic of Vietnam, an agreement between Canada and the Republic of Croatia and a convention between Canada and the Republic of Chile, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Maloney, for the third reading of Bill C-25, An Act to amend the National Defence Act and to make consequential amendments to other Acts, as amended.

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

The Bill, as amended, was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, with an amendment, to which they desire their concurrence. Second reading of Bill C-53, An Act to increase the availability of financing for the establishment, expansion, modernization and improvement of small businesses.

The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Maheu, that the Bill be read the second time.

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

The question being put on the motion, it was adopted. Order No. 3 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Order No. 1 was called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Bryden, for the adoption of the Twelfth Report of the 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 on June 18, 1998,

And on the motion in amendment of the Honourable Senator Grafstein, 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, A Point of Order was raised by the Honourable Senator Lynch-Staunton asking whether he could withdraw Bill S-15.

After debate, The Speaker reserved his decision. Orders No. 2 and 3 were called and postponed until the next sitting.

Other

Orders No. 45, 1 (motions), 39, 46, 44 and 15 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Simard calling the attention of the Senate to the current situation with regard to the application of the Official Languages Act, its progressive deterioration, the abdication of responsibility by a succession of governments over the past ten years and the loss of access to services in French for francophones outside Quebec.

After debate, The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Bolduc, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 1 (other), 88 (motion), 42, 23 and 41 (inquiries), were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Carstairs called the attention of the Senate to the magnitude of family violence in our society and, in particular, the need for collaborative efforts to seek solutions to the various aspects of this form of violence.

After debate, The Honourable Senator Robertson moved, seconded by the Honourable Senator Kinsella, that further debate on the inquiry be adjourned until the next sitting.

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

MOTIONS

The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella:

That the Senate congratulate the Government of Ontario for providing financial assistance to all those who contracted Hepatitis C, regardless of when the infection occurred.

After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc:

That the Standing Senate Committee on Fisheries be authorized to examine and report upon the Estimates of the Department of Fisheries and Oceans for the fiscal year ending March 31, 1998 (Parts I and II, tabled in the Senate on March 17, 1998; Report on Priorities and Planning and Departmental Performance Report, tabled in the Senate on November 3, 1998), and other matters relating to the fishing industry; and

That the Committee be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.

The question being put on the motion, it was adopted. The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu:

That notwithstanding the Order of the Senate adopted on October 29, 1997, the Standing Senate Committee on Transport and Communications, which was authorized to examine and report upon Canada's international competitive position in communications generally, including a review of the economic, social and cultural importance of communications for Canada, be empowered to present its final report no later than March 31, 1999; and that the Committee retain all powers necessary to publicize the findings of the Committee contained in the final report until April 9, 1999.

The question being put on the motion, it was adopted. The Honourable Senator Forrestall moved, seconded by the Honourable Senator Kinsella:

That, notwithstanding Rule 92 which requires that all Committee meetings are to be public, the Special Committee of the Senate on Transportation Safety and Security be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information.

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

INQUIRIES

With leave of the Senate, The Honourable Senator Stewart called the attention of the Senate to the Eighth Report of the Standing Senate Committee on Foreign Affairs entitled: "Crisis in Asia: Implications for the Region, Canada and the World".

After debate, The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Bolduc, that further debate on the inquiry be adjourned until the next sitting.

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

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

Report of the Farm Credit Corporation on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 1998, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 1/36-932.

Report of the Canadian Polar Commission for the fiscal year ended March 31, 1998, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, s. 21(2).-Sessional Paper No. 1/36-933.

Report on the Marine Oil Spill Preparedness and Response Regime for the period August 15, 1996 to August 15, 1998, pursuant to the Canada Shipping Act, S.C. 1993, c. 36, s. 6. -Sessional Paper No. 1/36-934.

Report of the Canadian International Trade Tribunal entitled "Request for Tariff Relief by Lenrod Industries Ltd. Regarding Certain Nonwovens", dated November 10, 1998, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, sbs. 21(2).-Sessional. Paper No. 1/36-935.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That the Senate do now adjourn.

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

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Kelly substituted for that of the Honourable Senator Simard (November 20).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Austin substituted for that of the Honourable Senator Kolber (November 26).

The name of the Honourable Senator St. Germain substituted for that of the Honourable Senator Meighen (December 1).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Kroft substituted for that of the Honourable Senator Taylor (November 27).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Adams (November 30).

Standing Senate Committee on Agriculture and Forestry

The name of the Honourable Senator Whelan substituted for that of the Honourable Senator Adams (November 30).

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