48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 150

Tuesday, June 15, 1999
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, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, 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, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Wilson,

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, 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, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Keon, Kinsella, Kirby, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, *Perrault, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Wilson,

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Kirby presented the following:

TUESDAY, June 15, 1999

The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its

TWENTY-SEVENTH REPORT

Your Committee, to which was referred the Bill C-78, An Act to establish the Public Sector Pension Investment Board, to amend the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act, the Defence Services Pension Continuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Members of Parliament Retiring Allowances Act and the Canada Post Corporation Act and to make a consequential amendment to another Act, has examined the said Bill in obedience to its Order of Reference dated Thursday, June 3, 1999, and now reports the same without amendment, but with observations and two letters which are appended to this report.

Respectfully submitted,

MICHAEL KIRBY

Chairman

(The Appendix to the Report is printed as Appendix "A")

The Honourable Senator Kirby moved, seconded by the Honourable Senator Chalifoux, 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 Moore for the Honourable Senator Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented its Sixth (A) Report (approval of funds to attend the biennial conference on delegated legislation in Sydney, Australia).

(The Report is printed as Appendix "B")

The Honourable Senator Moore moved, seconded by the Honourable Senator Kroft, 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.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Austin, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, June 16, 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 Senator Fraser tabled the following:

Report of the Canadian Group of the Inter-Parliamentary Union regarding its participation at the 101st Inter-Parliamentary Conference, held in Brussels, Belgium, from April 10 to 16, 1999.-Sessional Paper No. 1/36-1213.

Notices of Motions

With leave of the Senate, The Honourable Senator Stratton moved, seconded by the Honourable Senator Atkins:

That the Standing Senate Committee on National Finance have power to sit at 5:30 p.m. today, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

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

Presentation of Petitions

The Honourable Senator Milne presented petitions:

Of Residents of the Province of Alberta concerning the Statistics Act (census records).

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-86, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial years ending March 31, 2000 and March 31, 2001.

The Honourable Senator Cools moved, seconded by the Honourable Senator Butts, 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. Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Butts, for the second reading of Bill C-84, An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts that have ceased to have effect.

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

The Bill was then read the second time.

The Honourable Senator Milne moved, seconded by the Honourable Senator Maloney, 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.

OTHER BUSINESS

Senate Public Bills

Resuming debate on the motion of the Honourable Senator Lavoie-Roux, seconded by the Honourable Senator Butts, for the second reading of Bill S-29, An Act to amend the Criminal Code (Protection of Patients and Health Care Providers).

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

The Bill was then read the second time.

The Honourable Senator Lavoie-Roux moved, seconded by the Honourable Senator Butts, 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. Orders No. 2 and 3 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Bolduc, for the second reading of Bill S-26, 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.

After debate, The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Roche, that further debate on the motion be adjourned until the next sitting.

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

Commons Public Bills

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

Private Bills

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

Reports of Committees

Orders No. 1 to 5 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Maheu, seconded by the Honourable Senator Ferretti Barth, for the adoption of the Ninth Report of the Standing Committee on Privileges, Standing Rules and Orders (independent Senators) presented in the Senate on March 10, 1999.

After debate, Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Kinsella.

Other

Resuming debate on the inquiry of the Honourable Senator Grafstein calling the attention of the Senate to the question of international law: Canada and the NATO action in the Federal Republic of Yugoslavia.

After debate, With leave of the Senate, the debate was suspended.

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Ordered, That Order No. 34 (inquiry) be brought forward. 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 Kinsella for the Honourable Senator Rivest moved, seconded by the Honourable Senator Robertson, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. The Senate resumed debate on the inquiry of the Honourable Senator Grafstein calling the attention of the Senate to the question of international law: Canada and the NATO action in the Federal Republic of Yugoslavia.

After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Robertson, 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 Order No. 2 under Reports of Committees be again called. Resuming debate on the consideration of the Report of the Subcommittee on Communications of the Standing Senate Committee on Transport and Communications entitled: "Wired to Win! Canada's Positioning Within The World's Technological Revolution", deposited with the Clerk of the Senate on May 28, 1999.

After debate, The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, that further debate on consideration of the Report be adjourned until the next sitting.

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

Other

Orders No. 145, 153 (motions), 65, 76, 79, 82 (inquiries), 143, 127 (motions), 49, 81 (inquiries), 114 (motion), 78, 68, 50, 39, 64, 73, 61, 46 (inquiries) 1, 118 (motions) and 63 (inquiry) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Roche calling the attention of the Senate to the election of Canada to the United Nations' Security Council for 1999-2000, and Canada's role in contributing to peace, global security and human rights in the world on the eve of the new millennium.

After debate, The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Forrestall, 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 Carstairs for the Honourable Senator Watt moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That, in relation to the Order of the Senate adopted on Tuesday, December 9, 1997, the Standing Senate Committee on Aboriginal Peoples, which was authorized to examine and report upon the recommendations of the Royal Commission Report on Aboriginal Peoples (Sessional paper 2/35-508) respecting Aboriginal governance, be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate if the Senate is not sitting and that the report be deemed to have been tabled in the Chamber.

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

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

Report on the review of the Integrated Circuit Topography Act pursuant to the Integrated Circuit Topography Act, S.C. 1990, c. 37, sbs. 28(2).-Sess. Paper No. 1/36-1212.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Fairbairn, P.C.

That the Senate do now adjourn.

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

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

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Grafstein, Ferretti Barth, Fraser, Stollery and Kelleher substituted for those of the Honourable Senators Kolber, Callbeck, Hervieux-Payette, Kenny and Di Nino (June 14).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Lewis substituted for that of the Honourable Senator Grafstein (June 14).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Robichaud (Saint-Louis-de-Kent) removed from the membership (June 14).

The name of the Honourable Senator Balfour substituted for that of the Honourable Senator Doody (June 14).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Maheu, Rompkey and Callbeck substituted for those of the Honourable Senators Stewart, Fairbairn and Milne (June 14).

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