Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 103
Wednesday, December 9, 1998
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Murray, P.C., presented the following:WEDNESDAY, December 9, 1998
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
FIFTEENTH REPORT
Your Committee, to which was referred Bill S-10, An Act to amend the Excise Tax Act, together with the amendments proposed by the Honourable Consiglio Di Nino and the Honourable Shirley Maheu has, in obedience to the Order of Reference of September 24, 1998, examined the said Bill and now reports the same with the following amendment:Clause 1, page 1: Replace 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; or
(b) is either obscene within the meaning of section 163 of the Criminal Code, or of a pornographic nature.".Respectfully submitted,
LOWELL MURRAY
Chairman
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Phillips, that the Report be placed on the Orders of the Day for consideration at the next sitting.The question being put on the motion, it was adopted.
The Honourable Senator Maheu presented the following:
WEDNESDAY, December 9, 1998
The Standing Committee on Privileges, Standing Rules and Orders has the honour to present its
SEVENTH REPORT
Your Committee recommends that the following rule be added to the Rules of the Senate:"1.(3) In the French version, the masculine gender is used throughout, without any intent to discriminate but solely to make the text easier to read. The distinction in French should not be between "masculine" and "feminine" genders but between "marked" and "unmarked" genders; the so-called masculine gender is an unmarked gender and can therefore represent, by itself, elements of both genders. The feminine gender is marked and therefore cannot be used to refer to elements of both genders."
Respectfully submitted,
SHIRLEY MAHEU
Chair
The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, that the Report be placed on the Orders of the Day for consideration on Friday next, December 11, 1998.The question being put on the motion, it was adopted. The Honourable Senator Rompkey, P.C., presented the following:
WEDNESDAY, December 9, 1998
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TWENTY-NINTH REPORT
Your Committee has examined and approved the budgets presented to it by the following Committees for the proposed expenditures of the said Committees for the fiscal year ending March 31, 1999:Agriculture and Forestry (Boreal Forest) (Supplementary
Budget):
|
Professional and Other Services |
$ 3,600 |
|
Transportation and Communications |
42,450 |
|
All Other Expenditures |
2,000 |
|
TOTAL |
$ 48,050 |
Special Committee on Transportation Safety and Security
(Supplementary Budget):
|
Professional and Other Services |
$ 25,000 |
|
Transportation and Communications |
58,250 |
|
TOTAL |
$ 83,250 |
Special Committee on Security and Intelligence
(Supplementary Budget):
|
Professional and Other Services |
$ 38,500 |
|
All other Expenditure |
1,500 |
|
TOTAL |
$ 40,000 |
Respectfully submitted,
WILLIAM ROMPKEY
Chair
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Gauthier, that the Report be placed on the Orders of the Day for consideration at the next sitting.The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Buchanan, P.C., tabled the following:Second Report of the Canadian Delegation of the Canada-Taiwan Parliamentary Friendship Group respecting its visit to Taiwan from August 8 to 15, 1998.-Sessional Paper No. 1/36-951.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Callbeck, for the third reading of Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts.After debate, In amendment, the Honourable Senator Oliver moved, seconded by the Honourable Senator Tkachuk, that the Bill be not now read a third time but that it be amended:
(a) in clause 19
(i) on page 14, by deleting lines 31 to 46;
(ii) on page 15, by deleting lines 1 to 42.
(b) in clause 47, on page 39, by
(i) deleting the heading before clause 47 and clause 47;
(ii) renumbering clauses 48 to 55 as clauses 47 to 54 and any cross-references thereto accordingly.After debate, The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Cohen, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees. The Honourable Senator Pearson, Joint Chair of the Special Joint Committee on Child Custody and Access tabled its Final Report entitled: "For the Sake of the Children".-Sessional Paper No. 1/36-952.With leave, The Senate proceeded to the consideration of the Report.
After debate, The Honourable Senator Pearson moved, seconded by the Honourable Senator Bryden, 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.
Government Notices of Motions
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Kinsella:That all Committees have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-60, 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.The Honourable Senator Cools moved, seconded by the Honourable Senator Johnstone, 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. Third 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 Hervieux-Payette, P.C. moved, seconded by the Honourable Senator Maloney, 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-3, An Act respecting DNA identification and to make consequential amendments to the Criminal Code and other Acts.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Poulin, that the Bill be read the third time.
After debate, 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. 6 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Ferretti Barth, seconded by the Honourable Senator Lucier, for the second reading of Bill C-41, An Act to amend the Royal Canadian Mint Act and the Currency Act.
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 Perrault, P.C., that the Bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted. Second reading of Bill C-57, An Act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other Acts in consequence.
The Honourable Senator Pépin moved, seconded by the Honourable Senator Poulin, that the Bill be read the second time.
After debate, The Honourable Senator Kinsella for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 9 and 10 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Butts, seconded by the Honourable Senator Milne, for the third reading of Bill C-38, An Act to amend the National Parks Act (creation of Tuktut Nogait National Park),
And on the motion in amendment of the Honourable Senator Adams, seconded by the Honourable Senator Corbin, that the Bill be not now read a third time, but that it be referred to the Standing Senate Committee on Aboriginal Peoples for further consideration.
After debate, The question being put on the motion in amendment, Pursuant to Rule 67(2), a recorded division was deferred until 5:30 p.m. tomorrow. The Honourable Senator Carstairs tabled the following:
Letter to the Leader of the Government in the Senate from the Secretary of State (Parks), dated December 9, 1998, concerning Bill C-38, An Act to amend the National Parks Act (creation of Tuktut Nogait National Park).-Sessional Paper No. 1/36-953S.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.Commons Public Bills
Second reading of Bill C-445, An Act to change the name of the electoral district of Stormont-Dundas.The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Taylor, that the Bill be read the second time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Taylor, 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. Second reading of Bill C-464, An Act to change the name of the electoral district of Sackville-Eastern Shore.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Phillips, that the Bill be read the second time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Phillips, 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. Second reading of Bill C-465, An Act to change the name of the electoral district of Argenteuil-Papineau.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Losier-Cool, that the Bill be read the second time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Losier-Cool, 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. Order No. 4 was called and postponed until the next sitting.
Private Bills
Third reading of Bill S-20, An Act to amend the Act of incorporation of the Roman Catholic Episcopal Corporation of Mackenzie.The Honourable Senator Taylor moved, seconded by the Honourable Senator Watt, that the Bill be read the third time.
After debate, 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 to which they desire their concurrence.
Reports of Committees
Consideration of the Third Report of the Standing Senate Committee on Fisheries, entitled: "Privatization and Quota Licensing in Canada's Fisheries", tabled in the Senate on December 8, 1998.After debate, The Honourable Senator Carstairs for the Honourable Senator Perrault, P.C., moved, seconded by the Honourable Senator Fairbairn, 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. Orders No. 2 and 3 were called and postponed until the next sitting.
Other
Orders No. 34, 46 (inquiries), 88 (motion), 42, 23, 47 (inquiries), 106 (motion) and 48 (inquiry) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Stewart calling 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 Kinsella for the Honourable Senator Andreychuk moved, seconded by the Honourable Senator DeWare, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That all remaining Orders be postponed until the next sitting.MOTIONS
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Kinsella:That, with respect to the Order of the Senate adopted on May 14, 1998, to examine the Recombinant Bovine Growth Hormone (rBST) and its effect on the human and animal health safety, the Standing Senate Committee on Agriculture and Forestry be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
After debate, The question being put on the motion, it was adopted. The Honourable Senator Phillips moved, seconded by the Honourable Senator DeWare:
That, notwithstanding the Order of the Senate adopted on November 5, 1997, the Standing Senate Committee on Social Affairs, Science and Technology which was authorized to examine and report on the state of health care in Canada concerning veterans of war and Canadian Service persons, be empowered to submit its final report no later than February 26, 1999; and
That the Committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted. The Honourable Senator Kinsella for the Honourable Senator Comeau moved, seconded by the Honourable Senator DeWare:
That the Standing Senate Committee on Fisheries, having been authorized by the Senate on December 1, 1998 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, be empowered to present its final report no later than December 10, 1999; and
That the Committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Kinsella:That the Senate do now adjourn.
The question being put on the motion, it was adopted.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and CommerceThe name of the Honourable Senator Meighen substituted for that of the Honourable Senator St. Germain (December 8).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Robichaud (Saint-Louis-de-Kent) and Di Nino substituted for those of the Honourable Senators Maloney and Phillips (December 8).
The name of the Honourable Senator Phillips substituted for that of the Honourable Senator Di Nino (December 9).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Pépin and Mahovlich substituted for those of the Honourable Senators Pearson and Pépin (December 9).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Johnson (December 9).