Journals of the Senate
48 Elizabeth II, A.D. 1999, Canada
Journals of the Senate
Issue 108
Tuesday, February 9, 1999
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Watt, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Grimard, Gustafson, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robertson, Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Watt, Wilson
PRAYERS
Tribute was paid to the memory of King Hussein of Jordan, whose death occurred February 7, 1999.
The Senate observed a minute of silence.
SENATORS' STATEMENTS
Some Honourable Senators made statements.MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons in the following words:-Friday, February 5, 1999
ORDERED,-That a Message be sent to the Senate to acquaint Their Honours that this House disagrees with the amendments made by the Senate to Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts, because this House is of the opinion that the intent and policy of the words in question is in the public interest and reflects the opinion of the great majority of Canadians, and this House proposes, in lieu of the amendments made by the Senate, that the amendments be amended to read as follows:
1. Page 14, Clause 19: Delete lines 31 to 46 and substitute the following therefor:
66.1 (1) Any person who has reasonable grounds to believe that a person has committed or intends to commit an offence under the Act, may notify the Commissioner of the particulars of the matter and may request that his or her identity be kept confidential with respect to the notification.
(2) The Commissioner shall keep confidential the identity of a person who has notified the Commissioner under subsection (1) and to whom an assurance of confidentiality has been provided by any person who performs duties or functions in the administration or enforcement of this Act.
2. Page 15, Clause 19: Delete lines 1 to 42 and substitute the following therefor:
66.2 (1) No employer shall dismiss, suspend, demote, discipline, harass or otherwise disadvantage an employee, or deny an employee a benefit of employment, by reason that
(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has committed or intends to commit an offence under this Act;
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention or refused to do anything that is an offence under this Act;
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that an offence not be committed under this Act; or
(d) the employer believes that the employee will do anything referred to in paragraph (a) or (c) or will refuse to do anything referred to in paragraph (b).
(2) Nothing in this section impairs any right of an employee either at law or under an employment contract or collective agreement.
(3) In this section, "employee" includes an independent contractor and "employer" has the corresponding meaning.
ATTEST:
ROBERT MARLEAU
The Clerk of the House of Commons
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Graham, P.C., tabled the following:Document entitled: "A Framework to Improve the Social Union for Canadians: An agreement between the Government of Canada and the Governments of the Provinces and Territories", dated February 4, 1999.-Sessional Paper No. 1/36-1002.
Government Notices of Motions
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator De Bané, P.C.:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, February 10, 1999, at 1:30 p.m.
The question being put on the motion, it was adopted.
Tabling of Reports From Inter-Parliamentary Delegations
The Honourable the Speaker tabled the following:Report of a visit of a Senate delegation to Mauritania, Tunisia and Spain from April 5 to 18, 1998.-Sessional Paper No. 1/36-1003S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Pépin, for the second reading of Bill C-43, An Act to establish the Canada Customs and Revenue Agency and to amend and repeal other Acts as a consequence.The question being put on the motion, Pursuant to Rule 67(2), a recorded division was deferred until 5:30 p.m. tomorrow. Order No. 3 was called and postponed until the next sitting. Second reading of Bill C-58, An Act to amend the Railway Safety Act and to make a consequential amendment to another Act.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Pearson, that the Bill be read the second time.
After debate, The Honourable Senator Kinsella for the Honourable Senator Forrestall moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That the deferred recorded division on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Pépin, for the second reading of Bill C-43, An Act to establish the Canada Customs and Revenue Agency and to amend and repeal other Acts as a consequence, be brought forward to 3:00 p.m. tomorrow.OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.Third 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 Bacon, 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.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Ferretti Barth, for the adoption of the Seventh Report of the Standing Committee on Privileges, Standing Rules and Orders (amendment to the Rules of the Senate) presented in the Senate on December 9, 1998.After debate, The question being put on the motion, it was adopted. Orders No. 2 to 6 were called and postponed until the next sitting.
Other
Orders No. 44, 50, 48, 51 34, 46 (inquiries), 88 (motion), 23, 47 and 49 (inquiries), were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Meighen, seconded by the Honourable Senator Kirby:That the Senate urges the Government, in the February 1998 Budget, to propose an amendment to the Income Tax Act that would increase to 30%, by increments of 2% per year over a five-year period, the foreign property component of deferred income plans (pension plans, registered retirement savings plans and registered pension plans), as was done in the period between 1990 to 1995 when the foreign property limit of deferred income plans was increased from 10% to 20%, because:
(a) Canadians should be permitted to take advantage of potentially better investment returns in other markets, thereby increasing the value of their financial assets held for retirement, reducing the amount of income supplement that Canadians may need from government sources, and increasing government tax revenues from retirement income;
(b) Canadians should have more flexibility when investing their retirement savings, while reducing the risk of those investments through diversification;
(c) greater access to the world equity market would allow Canadians to participate in both higher growth economies and industry sectors;
(d) the current 20% limit has become artificial since both individuals with significant resources and pension plans with significant resources can by-pass the current limit through the use of, for example, strategic investment decisions and derivative products; and
(e) problems of liquidity for pension fund managers, who now find they must take substantial positions in a single company to meet the 80% Canadian holdings requirement, would be reduced.After debate, With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That the Senate urges the Government to propose an amendment to the Income Tax Act that would increase to 30%, by increments of 2% per year over a five-year period, the foreign property component of deferred income plans (pension plans, registered retirement savings plans and registered pension plans), as was done in the period between 1990 to 1995 when the foreign property limit of deferred income plans was increased from 10% to 20%, because:
(a) Canadians should be permitted to take advantage of potentially better investment returns in other markets, thereby increasing the value of their financial assets held for retirement, reducing the amount of income supplement that Canadians may need from government sources, and increasing government tax revenues from retirement income;
(b) Canadians should have more flexibility when investing their retirement savings, while reducing the risk of those investments through diversification;
(c) greater access to the world equity market would allow Canadians to participate in both higher growth economies and industry sectors;
(d) the current 20% limit has become artificial since both individuals with significant resources and pension plans with significant resources can by-pass the current limit through the use of, for example, strategic investment decisions and derivative products; and
(e) problems of liquidity for pension fund managers, who now find they must take substantial positions in a single company to meet the 80% Canadian holdings requirement, would be reduced.Further debate on the motion, as modified, was adjourned until the next sitting in the name of the Honourable Senator Eyton. Orders No. 1 (motion) and 39 (inquiry) were called and postponed until the next sitting. Order No. 15 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper. Order No. 1 (other) was called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 1998, pursuant to the Canadian Multiculturalism Act, R.S.C. 1985, c. 24 (4th Supp.), s. 8.-Sessional Paper No. 1/36-995.Report of the National Research Council of Canada for the fiscal year ended March 31, 1998, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.-Sessional Paper No. 1/36-996.
Report of operations under the Export and Import Permits Act for the year 1997, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, s. 27.-Sessional Paper No. 1/36-997.
Report on the administration of the Labour Adjustment Benefits Act for October 1 to December 31, 1997, pursuant to the Labour Adjustment Benefits Act, R.S.C. 1985, c. L-1, sbs. 36(1). -Sessional Paper No. 1/36-998.
Report on the administration of the Labour Adjustment Benefits Act for the Fourth Quarter and Total Fiscal Year 1997-98, pursuant to the Labour Adjustment Benefits Act, R.S.C. 1985, c. L-1, sbs. 36(1).-Sessional Paper No. 1/36-999.
Report on the administration of the Labour Adjustment Benefits Act for April 1 to June 30, 1998, pursuant to the Labour Adjustment Benefits Act, R.S.C. 1985, c. L-1, sbs. 36(1). -Sessional Paper No. 1/36-1000.
Report on the administration of the Labour Adjustment Benefits Act for July 1 to September 30, 1998, pursuant to the Labour Adjustment Benefits Act, R.S.C. 1985, c. L-1, sbs. 36(1). -Sessional Paper No. 1/36-1001.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mahovlich: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 Committee on Internal Economy, Budgets and AdministrationThe name of the Honourable Senator Bryden substituted for that of the Honourable Senator Callbeck (February 5).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Pépin and Bryden substituted for those of the Honourable Senators Gill and Pearson (February 5).
Standing Committee on Privileges, Standing Rules and Orders
The name of the Honourable Senator Cook substituted for that of the Honourable Senator Milne (February 5).
The name of the Honourable Senator Cools added to the membership (February 5).
The name of the Honourable Senator Beaudoin substituted for that of the Honourable Senator Atkins (February 9).
Special Committee of the Senate on Transportation Safety and Security
The name of the Honourable Senator Maloney added to the membership (February 5).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Maloney substituted for that of the Honourable Senator Callbeck (February 5).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Kroft and Di Nino substituted for those of the Honourable Senators Austin and Tkachuk (February 8).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Tkachuk added to the membership (February 8).