48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 9

Thursday, November 18, 1999
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Fraser, Gauthier, Gill, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Joyal, Kelleher, Kinsella, Kolber, Kroft, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pearson, Pépin, Perry (Poirier), Poulin (Charette), Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stewart, Stollery, Stratton, Tkachuk, Watt, Wilson,

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, *Finnerty, Fraser, *Furey, Gauthier, Gill, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Joyal, Kelleher, Kinsella, *Kirby, Kolber, Kroft, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pearson, Pépin, Perry (Poirier), Poulin (Charette), *Prud'homme, Rivest, Roberge, *Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Sparrow, Spivak, Stewart, Stollery, Stratton, Tkachuk, Watt, Wilson

PRAYERS

Tribute was paid to the Honourable Senator Stewart, who will retire from the Senate on November 19, 1999.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Kolber tabled the following (Sessional Paper No. 2/36-141S):

THURSDAY, November 18, 1999

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

FIRST REPORT

Your Committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to Rule 104 of the rules, that the expenses incurred by the Committee during the First Session on the Thirty-sixth Parliament are as follows:

1. With respect to its examination and consideration of legislation:

 

Professional and other services	$ 9,806.70
Transportation and Communications	93,296.81
All other expenditures	2,438.86
Witness expenses	18,298.33
TOTAL	$ 123,840.70

2. With respect to its special study on the financial system in Canada authorized by the Senate on Wednesday, October 22, 1997, Thursday, December 10, 1998 and Tuesday, February 16, 1999:

 

Professional and other services	$ 147,625.08
Transportation and Communications	479,331.22
All other expenditures	43,333.85
Witness expenses	19,585.12
TOTAL	$ 689,875.27

During the session, your Committee held 113 meetings and submitted 29 reports in relation to its work. Of these, eight involved special studies related to the financial system in Canada: two on Joint and Several Liability and Professional Defendants, one on the Canada Pension Plan Investment Board, one on Modified Proportionate Liability, one on the Comparative Study of Financial Regulatory Regimes, one on the Governance Practices of Institutional Investors, on the MacKay Task Force Report and one on a Study of Common Currency: Canada and the United States.

Your Committee also examined 17 bills including C-10, An Act on fiscal evasion with respect to taxes on income; C-11, An Act respecting the imposition of duties of customs and other charges, to give effect to the International Convention on the Harmonized Commodity Description and Coding System, to provide relief against the imposition of certain duties of customs or other charges, to provide for other related matters and to amend or repeal certain Acts in consequence thereof; C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts; C-21, An Act to amend the Small Business Loans Acts; C-28, 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; C-47, An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act; C-5, An Act respecting cooperatives; C-53, An Act to increase the availability of financing for the establishment, expansion, modernization and improvement of small businesses; C-59, An Act to amend the Insurance Companies Act; C-67, An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts; C-72, An Act to amend the Income Tax Act, to implement measures that are consequential on changes to the Canada-U.S. Tax Convention (1980) and to amend the Income Tax Conventions Interpretation Act, the Old Age Security Act, the War Veterans Allowance Act and certain Acts related to the Income Tax Act; two reports on 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; S-3, An Act to amend the Pension Benefits Standards Act, 1985 and the Office of the Superintendent of Financial Institutions Act; S-9, An Act respecting depository bills and depository notes and to amend the Financial Administration Act; S-18, An Act respecting the Alliance of Manufacturers & Exporters Canada; S-25, An Act respecting the Certified General Accountants Association of Canada; C-20, An Act to amend the Competition Act and to make consequential and related amendments to other acts, and the Message from the House of Commons on the same subject, dated February 5, 1999.

Respectfully submitted,

E. LEO KOLBER

Chairman

The Honourable Senator DeWare tabled the following (Sessional Paper No. 2/36-142S):

THURSDAY, November 18, 1999

The Special Committee on Post-Secondary Education, which was empowered by the Senate to incur expenses for the purpose of its examination of the serious state of post-secondary education in Canada reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-sixth Parliament are as follows:

Professional Services	$ 9,487.50
Transportation	-
Other, Miscellaneous	-
Witness Expenses	-
Total	$ 9,487.50

During the session, the Committee held eight meetings and heard 10 witnesses.

The Special Committee was the successor to the Subcommittee on Post-Secondary Education from the Second Session of the Thirty-fifth Parliament, which was established on August 6, 1996. The Special Committee together with its predecessor heard almost 250 witnesses in just over a year. The Special Committee`s Report was tabled in the Senate by the Chairman, the Honourable Senator Lorne Bonnell, on December 16, 1997.

Respectfully submitted,

MABEL M. DeWARE

Government Notices of Motions

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

That when the Senate adjourns today, it do stand adjourned until Tuesday next, November 23, 1999, at 2:00 p.m.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Cools presented a Bill S-12, An Act to amend the Divorce Act (child of the marriage).

The Bill was read the first time.

The Honourable Senator Cools moved, seconded by the Honourable Senator Pearson, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, November 30, 1999.

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

Notices of Motions

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

That Standing Committee on Privileges, Standing Rules and Orders have power to sit at 4:30 p.m. on Tuesdays, even though the Senate may then be sitting, from now until the end of December 1999, in order for the Committee to deal expeditiously with the questions of privilege raised by the Honourable Senator Andreychuk and the Honourable Senator Kinsella, which have been referred to the Committee; and that Rule 95(4) be suspended in relation thereto.

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

With leave of the Senate, The Honourable Senator Hays for the Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That the Standing Joint Committee on Official Languages have power to sit during sittings and adjournments of the Senate; and

That a Message be sent to the House of Commons to acquaint that House thereof.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Lewis, for the second reading of Bill C-6, An Act to support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances, by providing for the use of electronic means to communicate or record information or transactions and by amending the Canada Evidence Act, the Statutory Instruments Act and the Statute Revision Act.

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

The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Ruck, for the second reading of Bill S-10, An Act to amend the National Defence Act, the DNA Identification Act and the Criminal Code.

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

The Bill was then read the second time.

The Honourable Senator Fraser moved, seconded by the Honourable Senator Ruck, 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. 3 was called and postponed until the next sitting.

Motions

Orders No. 1 and 2 were called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 6 were 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 S-2, An Act to facilitate the making of legitimate medical decisions regarding life-sustaining treatments and the controlling of pain.

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

Commons Public Bills

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

Reports of Committees

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

Other

Orders No. 8 (motion), 8, 7, 6, and 2 (inquiries) were called and postponed until the next sitting.

MOTIONS

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

That the papers and evidence received and taken by the Standing Senate Committee on Legal and Constitutional Affairs during its study of Bill C-69, An Act to amend the Criminal Records Act and to amend another Act in consequence, in the First Session of the Thirty-sixth Parliament be referred to the Committee for its present study of Bill C-7.

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

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Mercier:

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 name of the Honourable Senator Taylor substituted for that of the Honourable Senator Fitzpatrick (November 17).

The names of the Honourable Senators Cook and Gill substituted for those of the Honourable Senators Kenny and Joyal (November 18).

Standing Senate Committee on Social Affairs, Science and Tech nology

The names of the Honourable Senators Rossiter and Beaudoin substituted for those of the Honourable Senators Di Nino and Robertson (November 17).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Forrestall and Fairbairn substituted for those of the Honourable Senators Andreychuk and Adams (November 17).

Standing Senate Committee on Energy, the Environment and Natural Resources

The name of the Honourable Senator Finnerty substituted for that of the Honourable Senator Furey (November 18).

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