49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament

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Issue 59

Tuesday, May 30, 2000
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Keon, Kinsella, Kirby, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Mahovlich, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pépin, Perrault, Perry (Poirier), Pitfield, Poy, Prud'homme, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Sibbeston, Simard, Spivak, Stratton, Taylor, Watt, Wiebe, Wilson,

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, *Angus, *Austin, Banks, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, *Cochrane, Cogger, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, *Furey, Gauthier, Gill, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, *Kelleher, *Kenny, Keon, Kinsella, Kirby, *Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, *Maheu, Mahovlich, Mercier, Milne, Molgat, Moore, Murray, Nolin, *Oliver, *Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, *Poulin (Charette), Poy, Prud'homme, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Sibbeston, Simard, Spivak, Stratton, Taylor, *Tkachuk, Watt, Wiebe, Wilson

PRAYERS

Tribute was paid to the memory of the unknown soldier. Tribute was paid to the memory of the Honourable Davie Fulton, P.C., former Minister, whose death occurred May 22, 2000. Tribute was paid to the memory of the Honourable Maurice Richard, P.C., whose death occurred May 27, 2000.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Special Report to Parliament of the Information Commissioner of Canada, pursuant to Subsection 39(1) of the Access to Information Act, being "Report Cards" on Compliance with Response Deadlines by the following federal departments:

Human Resources Development Canada

Transport Canada

Citizenship and Immigration Canada

Canada Customs and Revenue Agency

Foreign Affairs and International Trade

National Defence

Health Canada

Privy Council Office.-Sessional Paper No. 2/36-377.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Robichaud, P.C. (L'Acadie-Acadia) presented the following:

TUESDAY, May 30, 2000

The Standing Joint Committee on the Library of Parliament has the honour to present its

SECOND REPORT

Your Committee recommends that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament; and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.

Your Committee recommends that its quorum be fixed at seven (7) members, provided that both Houses are represented including a Member from the Opposition as well as a Senator from the Opposition whenever a vote, resolution or other decision is taken, and that Joint Chairs be authorized to hold meetings to receive evidence and authorize the printing thereof as long as (4) Members are present including a Member from the Opposition as well as a Senator from the Opposition.

Your Committee further recommends to the Senate that it be empowered to sit during sittings of the Senate.

A copy of the relevant Minutes of Proceedings (Meeting No. 2) is tabled.

Respectfully submitted,

LOUIS J. ROBICHAUD

Joint-Chair

The Honourable Senator Robichaud, P.C. (L'Acadie-Acadia) moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), 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 Rompkey, P.C., presented the following:

TUESDAY, May 30, 2000

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

NINTH REPORT

Your Committee wishes to inform the Senate that it has adopted a policy on Employment Equity and Diversity and has directed that a self-identification exercise be undertaken by Human Resources.

The objective of this policy is to achieve equality in the workplace for women, Aboriginal Peoples, persons with disabilities and members of visible minorities, so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability.

In adopting this policy, the Internal Economy Committee acknowledges its interest to increase the participation and representation in the Senate administration of qualified people from the four designated groups and has decided that action must be taken to facilitate their participation in greater numbers. This entails both the identification of and removal of systemic and other barriers to employment opportunities that may adversely affect women, Aboriginal Peoples, persons with disabilities and visible minorities. It also involves the implementation of special measures and the application of the concept of reasonable accommodation when these are necessary to achieve and maintain a representative workforce.

Respectfully submitted,

WILLIAM ROMPKEY

Chair

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), 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 Hays moved, seconded by the Honourable Senator Graham, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, May 31, 2000, at 1:30 p.m.;

That at 3:30 p.m. tomorrow, if the business of the Senate has not been completed, the Speaker shall interrupt the proceedings to suspend the sitting until 5:00 p.m.;

That at 5:00 p.m., pursuant to the Order of May 18, 2000, the Speaker shall put all questions necessary to dispose of third reading of Bill C-2; and if a standing vote is requested it will take place at 5:30 p.m., following which the Speaker shall suspend the sitting of the Senate;

That all Committees be authorized to sit tomorrow, during the suspension of the sitting of the Senate, until 4:45 p.m.; and

That all matters on the Orders of the Day and on the Notice Paper, which have not been reached, shall retain their position.

After debate, The question being put on the motion, it was adopted. With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Graham, P.C.:

That the Cable Public Affairs Channel (CPAC) be authorized to bring television cameras into the Chamber today to broadcast the proceedings of the Committee of the Whole on the work of the Office of the Privacy Commissioner, Mr. Bruce Phillips, with the least possible disruption of the proceedings.

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

Tabling of Reports from Inter-Parliamentary Delegations

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

Sixth Report of the Canadian NATO Parliamentary Association respecting its participation at the Meeting of the Standing Committee and the Secretaries of National Delegations of the NATO Parliamentary Assembly, held in Brussels, Belgium, on April 8, 2000.-Sessional Paper No. 2/36-378. The Honourable Senator Losier-Cool tabled the following:

Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, respecting its participation at the meeting of the APF Committee on Cooperation and Development, held in Bamako, Mali, from February 21 to 23, 2000.-Sessional Paper No. 2/36-379.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Moore, for the third reading of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts,

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 375, on page 154,

(a) by replacing line 27 with the following:

"375. (1) A registered party shall, subject to";

(b) by replacing line 32 with the following:

"registered party shall appoint a person, to be";

(c) by adding the following after line 36:

"(3) The registration of an electoral district agent is valid

(a) until the appointment of the electoral district agent is revoked by the political party;

(b) until the political party that appointed the electoral district agent is deregistered; or

(c) until the electoral district of the electoral district agent no longer exists as result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.;

(4) Outside an election period, the electoral district agent of a registered party is:

(a) responsible for all financial operations of the electoral district association of the party; and

(b) required to submit to the chief agent of the registered party that appointed the person to act as the electoral district agent an annual financial transactions return, in accordance with subsection (5), on the electoral district association's financial transactions.

(5) The annual financial transactions return referred to in subsection (4) must set out

(a) a statement of contributions received by the following classes of contributor: individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions;

(b) the number of contributors in each class listed in paragraph (a);

(c) subject to paragraph (c.1), the name and address of each contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered party for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party, and that total amount;

(c.1) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;

(d) in the absence of information identifying a contributor referred to in paragraph (c) who contributed through an electoral district association, the name and address of every contributor by class referred to in paragraph (a) who made contributions of a total amount of more than $200 to that electoral district association in the fiscal period to which the return relates, as well as, where the contributor is a numbered company, the name of the chief executive officer or president of that company, as if the contributions had been contributions for the use of the registered party;

(e) a statement of contributions received by the registered party from any of its trust funds;

(f) a statement of the electoral district association's assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

(i) disputed claims under section 421, and

(ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 419(1) or section 420;

(g) a statement of the electoral district association's revenues and expenses in accordance with generally accepted accounting principles;

(h) a statement of loans or security received by the electoral district association, including any conditions on them; and

(i) a statement of contributions received by the electoral district association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

(6) For the purpose of subsection (5), other than paragraph (5)(i), a contribution includes a loan.

(7) The electoral district association shall provide the chief agent of a registered party with the documents referred to in subsection (5) within six months after the end of the fiscal period."; and

(d) by renumbering subsection (3) as subsection (8) and any cross-references thereto accordingly,

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 405, on page 166, by replacing lines 36 to 38 with the following:

"(3) No person, other than a chief agent, or a registered agent or an electoral district agent of a registered party, shall accept contributions to a registered party.

(4) No person, other than a chief agent of a registered party, shall provide official receipts to contributors of monetary contributions to a registered party for the purpose of subsection 127(3) of the Income Tax Act.",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 424, on page 174, by replacing lines 14 to 16 with the following:

"(a) the financial transactions returns, substantially in the prescribed form, on the financial transactions of both the registered party and of the registered party's electoral district associations;",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 426,

(a) on page 176, by replacing lines 36 to 38 with the following:

"shall report to its chief agent on both its financial transactions return and trust fund return referred to in section 428, and on the annual financial transactions returns on the electoral district associations' financial transactions referred to in paragraph 375(4)(b), and shall make any"; and

(b) on page 177,

(i) by replacing line 11 with the following:

"electoral district agents, registered agents and officers of the regis-", and

(ii) by replacing line 20 with the following:

"electoral district agents, registered agents and officers of the party to",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 473, on page 202, by replacing lines 37 and 38 with the following:

"registered party or to a registered agent of that registered party in the",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 477, on page 203, by replacing lines 30 and 31 with the following:

"477. A candidate, his or her official agent, and the chief agent of a registered party, as the case may be, shall use the prescribed forms for",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 560, on page 246,

(a) by replacing line 18 with the following:

"ceipt with the Minister, signed by the chief agent or a registered "; and

(b) by replacing line 25 with the following:

"(a) by the chief agent or a registered agent of a registered".

After debate, With leave of the Senate, In amendment, the Honourable Senator Beaudoin moved, seconded by the Honourable Senator Keon, that Bill C-2 be not now read a third time but that it be amended, in clause 18.1, on page 13, by replacing lines 12 and 13 with the following:

"committee of the Senate and the committee of the House of Commons that normally considers electoral matters, or by the joint committee of both Houses of Parliament designated or established for that purpose.".

After debate, The question was put on the motion in amendment. Pursuant to the Order adopted on May 18, 2000, a recorded division was deferred until 5:30 p.m. tomorrow. Resuming debate on the motion of the Honourable Senator Perrault, P.C., seconded by the Honourable Senator Fitzpatrick, for the second reading of Bill C-26, An Act to amend the Canada Transportation Act, the Competition Act, the Competition Tribunal Act and the Air Canada Public Participation Act and to amend another Act in consequence.

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

The Bill was then read the second time.

The Honourable Senator Perrault, P.C., moved, seconded by the Honourable Senator Fitzpatrick, that the Bill be referred to the Standing Senate Committee on Transport and Communications.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 5 were called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting in the name of the Honourable Senator Finestone, P.C. Orders No. 2 and 3 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 5 were called and postponed until the next sitting.

Other

Orders No. 21, 22, 14, 17 (inquiries), 7 (motion), 6, 19, 12, 9, 18 and 23 (inquiries) were called and postponed until the next sitting.

COMMITTEE OF THE WHOLE

At 4:30 p.m., pursuant to the Order adopted on May 18, 2000, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive the Privacy Commissioner for the purpose of discussing the work of this Office, the Honourable Senator Losier-Cool in the Chair.

-In the Committee-

Pursuant to Order, Mr. Bruce Phillips, was escorted to a seat in the Senate Chamber.

After debate, The Honourable Senator Hays moved, seconded by the Honourable Senator Fairbairn, P.C.:

That the Committee rise, and that the Chair report that they have concluded their deliberations.

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

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The sitting of the Senate resumed. The Chair of the Committee reported that it had concluded its deliberations.

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

Order amending the Schedule to the Migratory Birds Convention Act, 1994, pursuant to the Migratory Birds Convention Act, S.C. 1994, c. 22, sbs. 12(2).-Sessional Paper No. 2/36-370.

Summaries of the Corporate Plan for 2000-04 and of the Capital Budget for 2000 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 2/36-371.

Report of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation), together with the Auditor General's report, for the year ended December 31, 1999, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 2/36-372.

Reports of the Medical Research Council of Canada required by the Access to Information Act and the Privacy Act for the period ended March 31, 2000, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 2/36-373.

Report of the Canada Ports Corporation, together with the Auditors' report, for the year 1999, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 2/36-374.

Report on the Operations of the Exchange Fund Account, together with the Auditor General's report, for the year 1999, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1). -Sessional Paper No. 2/36-376.

ADJOURNMENT

The Honourable Senator Hays 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 Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Bryden added to the membership (May 18).

Special Committee of the Senate on Bill C-20

The name of the Honourable Senator Robichaud (L'Acadie-Acadia) substituted for that of the Honourable Senator Poulin (May 27).

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Kenny (May 29).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Banks and Pépin substituted for those of the Honourable Senators Pépin and Banks (May 29).

Standing Joint Committee on Official Languages

The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Perry (Poirier) (May 29).

Standing Senate Committee on Aboriginal Peoples

The name of the Honourable Senator Johnson substituted for that of the Honourable Senator Nolin (May 30).

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