49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament

---

Issue 77

Thursday, September 21, 2000
2:00 p.m.

The Honourable Rose-Marie Losier-Cool, Speaker pro tempore

---

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Banks, Beaudoin, Boudreau, Bryden, Callbeck, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cools, Corbin, Cordy, DeWare, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Joyal, Kennedy, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Pitfield, Poulin (Charette), Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rossiter, St. Germain, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Banks, Beaudoin, Boudreau, Bryden, Callbeck, Chalifoux, Christensen, Cochrane, Cohen, Comeau, *Cook, Cools, Corbin, Cordy, DeWare, *Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, *Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Mercier, *Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Pitfield, Poulin (Charette), Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Roche, Rossiter, St. Germain, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, *Wilson

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Losier-Cool, Speaker pro tempore, took the Chair, pursuant to Rule 11.

PRAYERS

The Senate having been informed of the death of the Honourable Jacques Flynn, P.C., former Senator, which occurred today, a minute of silence was observed.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

With leave of the Senate, The Honourable Senator Spivak tabled the following:

Documents concerning the Petition to the Minister of the Environment for an Environmental Assessment of Proposed Landfill at the Adams Mine, Timiskaming District (English text). -Sessional Paper No. 2/36-527S.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Seventh Report (Bill S-26, An Act to repeal An Act to incorporate the Western Canada Telephone Company) without amendment.

The Honourable Senator Hays moved, seconded by the Honourable Senator Bacon, 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 Kolber presented the following:

THURSDAY, September 21, 2000

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

NINTH REPORT

Your Committee, to which was referred the Bill C-24, An Act to amend the Excise Tax Act, a related Act, the Bankruptcy and Insolvency Act, the Budget Implementation Act, 1997, the Budget Implementation Act, 1998, the Budget Implementation Act, 1999, the Canada Pension Plan, the Companies' Creditors Arrangement Act, the Cultural Property Export and Import Act, the Customs Act, the Customs Tariff, the Employment Insurance Act, the Excise Act, the Income Tax Act, the Tax Court of Canada Act and the Unemployment Insurance Act, has examined the said Bill in obedience to its Order of Reference dated Wednesday, June 28, 2000, and now reports the same without amendment but with the following observations:

The Committee would like to record two particular concerns that have been expressed regarding Bill C-24. The first concerns the timeliness of legislation brought forward before Parliament. This Bill contains a number of "housekeeping" measures that have the undesirable effect of retroactively amending legislation. Improved timeliness in the future would reduce the need for such retroactivity.

The Committee notes that medicine has evolved considerably in the last 30 or 40 years. Many relatively new medical practices are not accounted for by traditional classifications of medical care. The Committee believes that, in light of new medical developments here and in foreign jurisdictions, the government should reconsider the underlying principles that determine what constitute medical care exempted from the GST.

Respectfully submitted,

E. LEO KOLBER

Chairman

The Honourable Senator Kolber moved, seconded by the Honourable Senator Maheu, 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 Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Tenth Report (Bill C-5, An Act to establish the Canadian Tourism Commission) without amendment.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Poulin, 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 Spivak presented the following:

THURSDAY, September 21, 2000

The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its

FIFTH REPORT

Your Committee, which was authorized by the Senate on December 1, 1999 to examine issues relating to energy, the environment and natural resources generally in Canada, has heard testimony from a coalition of interested parties who have petitioned the Honourable Minister of the Environment for a full environmental assessment of the proposed landfill at the Adams Mine in Timiskaming District of Northern Ontario. The Committee heard that the proposed project meets three of the necessary triggers for such an assessment. They are - the site is on federal lands for which there is an outstanding aboriginal land claim; the project's potential effects cross provincial boundaries; and finally, leakage from the site could harm fish and fish habitat.

Your Committee supports this petition and recommends that the Minister respond positively to it.

Respectfully submitted,

MIRA SPIVAK

Chair

The Honourable Senator Spivak moved, seconded by the Honourable Senator Cochrane, 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 Grafstein tabled the following:

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group to the Forty-first Annual Meeting, held on the Mississippi River, from May 19 to 23, 2000.-Sessional Paper No. 2/36-528.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Taylor, for the second reading of Bill S-25, An Act to amend the Defence Production Act.

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

The Bill was then read the second time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Pépin, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

Motions

The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That, pursuant to Rule 39, not more than a further six hours of debate be allocated to dispose of third reading of Bill C-37, An Act to amend the Parliament of Canada Act and the Members of Parliament Retiring Allowances Act;

That when the debate comes to an end or when the time provided for the debate has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the third reading of the said Bill; and

That any recorded vote or votes on the said question be taken in accordance with the provisions of Rule 39(4).

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

Bills

Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Fairbairn, P.C., for the third reading of Bill C-37, An Act to amend the Parliament of Canada Act and the Members of Parliament Retiring Allowances Act,

And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Tkachuk, that the Bill C-37 be not now read a third time but that it be referred back to the Standing Senate Committee on Banking, Trade and Commerce so that the Committee may hear further witnesses on this Bill; and that the Committee report back to the Senate no later than October 2, 2000.

After debate, The question being put on the motion in amendment, it was negatived on the following division:

YEAS

The Honourable Senators

Andreychuk , Atkins, Cochrane, DeWare, Gustafson, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Nolin, Prud'homme, Simard-13

NAYS

The Honourable Senators

Adams, Bacon, Banks, Callbeck, Chalifoux, Christensen, Corbin, Cordy, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fraser, Furey, Gauthier, Graham, Hays, Hervieux-Payette, Joyal, Kennedy, Kenny, Kroft, Maheu, Mahovlich, Mercier, Moore, Pearson, Pépin, Poulin, Robichaud, (L'Acadie-Acadia), Roche, Setlakwe, Sibbeston, Squires, Stollery, Taylor, Wiebe-37

ABSTENTIONS

The Honourable Senators

Nil

The question being put on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Fairbairn, P.C., for the third reading of Bill C-37, An Act to amend the Parliament of Canada Act and the Members of Parliament Retiring Allowances Act, it was adopted on division.

The Bill was then read the third time and passed, on division.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

____________________________________________

The Honourable the Speaker pro tempore informed the Senate that a communication had been received from the Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker pro tempore as follows:

RIDEAU HALL

September 21, 2000

Mr. Speaker:

I have the honour to inform you that the Honourable Charles Gonthier, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 21st day of September, 2000, at 6:00 p.m. for the purpose of giving Royal Assent to a certain bill.

Yours sincerely,

Barbara Uteck

Secretary to the Governor General

The Honourable 
The Speaker of the Senate 
Ottawa

OTHER BUSINESS

Senate Public Bills

Third reading of Bill S-20, An Act to enable and assist the Canadian tobacco industry in attaining its objective of preventing the use of tobacco products by young persons in Canada.

The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore, that the Bill be read the third time.

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

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

Orders No. 2 to 5 were 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 3 were called and postponed until the next sitting.

Other

Resuming debate on the inquiry of the Honourable Senator Lynch-Staunton calling the attention of the Senate to the Budget presented by the Minister of Finance in the House of Commons on February 28, 2000.

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

Orders No. 6 (inquiry), 80 (motion), 14, 12 (inquiries) and 57 (motion) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Forrestall calling the attention of the Senate to the need for Canada to join the United States in National Missile Defense.

Debate concluded.

Orders No. 22, 19 and 23 (inquiries) were called and postponed until the next sitting.

____________________________________________

Pursuant to Rule 135(4), the sitting was suspended until 5:55 p.m.

The sitting resumed.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of Her Excellency the Governor General.

After awhile, the Honourable Charles Joseph Doherty Gonthier, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of Her Excellency the Governor General, having come and being seated at the foot of the Throne-

The Honourable the Speaker pro tempore commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Honourable the Deputy of Her Excellency the Governor General that they attend him immediately in the Senate Chamber."

The House of Commons being come,

The Honourable the Speaker pro tempore of the Senate said-

"Honourable Members of the Senate: Members of the House of Commons:

I have the honour to inform you that Her Excellency the Governor General has been pleased to cause Letters Patent to be issued under Her Sign Manual and Signet constituting the Honourable Charles Joseph Doherty Gonthier, Puisne Judge of the Supreme Court of Canada, her Deputy, to do in Her Excellency's name all acts on her part necessary to be done during Her Excellency's pleasure."

The said Commission was then read by one of the Clerks at the Table as follows:-

CANADA

Adrienne Clarkson (L.S.)

BY HER EXCELLENCY the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Governor General and Commander-in-Chief of Canada.

TO THE HONOURABLE CHARLES JOSEPH DOHERTY GONTHIER, a Puisne Judge of the Supreme Court of Canada.

GREETING:

KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Adrienne Clarkson, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth II, under the Great Seal of Canada, dated the twenty-eight day of September in the year of Our Lord one thousand nine hundred and ninety-nine, constituting and appointing me to be Governor General of Canada do hereby nominate, constitute and appoint you, Charles Joseph Doherty Gonthier, to be my Deputy within Canada and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the power of dissolving the Parliament of Canada.

PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Adrienne Clarkson, in person.

AND PROVIDED ALWAYS, that you, Charles Joseph Doherty Gonthier, shall, during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me.

GIVEN under my hand and seal at Ottawa, this seventh day of October in the year of Our Lord one thousand nine hundred and ninety-nine and in the forty-eighth year of Her Majesty's Reign.

BY COMMAND,

DICK SHAW

Deputy Registrar General of Canada.

One of the Clerks at the table then read the title of the Bill to be assented to as follows:

An Act to amend the Parliament of Canada Act and the Members of Parliament Retiring Allowances Act (Bill C-37, Chapter 27, 2000).

To this Bill the Royal Assent was pronounced by the Deputy Clerk of the Senate in the following words:-

"In Her Majesty's name, the Honourable the Deputy of Her Excellency the Governor General doth assent to this Bill."

6:19 p.m.

The Commons withdrew.

After which the Honourable the Deputy of Her Excellency the Governor General was pleased to retire.

____________________________________________

With leave, The Senate reverted to Government Notices of Motions.

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Mercier:

That when the Senate adjourns today, it do stand adjourned until Tuesday, October 3, 2000, at 2:00 p.m.

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 Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act for the fiscal year ended March 31, 1999, pursuant to the Act, S.C. 1988, c. 28, ss. 231 and 238.-Sessional Paper No. 2/36-525.

Report of the Atomic Energy Control Board, together with the Auditor General's report, for the fiscal year ended March 31, 2000, pursuant to the Atomic Energy Control Act, R.S.C. 1985, c. A-16, sbs. 21(1).-Sessional Paper No. 2/36-526.

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.

(Accordingly, at 6:25 p.m. the Senate was continued until Tuesday, October 3, 2000, at 2:00 p.m.)

____________________________________________

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

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Angus (September 20).

The name of the Honourable Senator Robichaud (Saint-Louis-de-Kent) substituted for that of the Honourable Senator Finnerty (September 21).

Standing Senate Committee on Legal and Constitutional Affairs

The names of the Honourable Senators Finestone and Maheu substituted for those of the Honourable Senators Milne and Poy (September 20).

The names of the Honourable Senators Cordy and Fraser substituted for those of the Honourable Senators Finestone and Christensen (September 21).

---