Journals of the Senate
49 Elizabeth II, A.D. 2000, Canada
Journals of the Senate
2nd Session, 36th Parliament
Issue 81
Tuesday, October 17, 2000
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, Kolber, Kroft, Lawson, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Poy, Prud'homme, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Boudreau, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, *Finestone, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kennedy, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, Lawson, LeBreton, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, *Oliver, Pearson, Pépin, Poy, Prud'homme, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Squires, Stollery, Stratton, Taylor, Tkachuk, Watt, Wiebe, Wilson, ,
PRAYERS
SENATORS' STATEMENTS
Tribute was paid to the memory of the Honourable Jacques Flynn, P.C., former Senator, whose death occurred September 21, 2000. Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:Proceedings of the Royal Society of Canada for 1998, together with Transactions for 1999, the Calendar for 1999-2000 and the Report of Council for 1998-99, pursuant to the Act to Incorporate the Royal Society of Canada, S.C. 1883, c. 46, s. 9. -Sessional Paper No. 2/36-596.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-26, An Act to repeal An Act to incorporate the Western Canada Telephone Company,And to acquaint the Senate that the Commons have passed this Bill, without amendment.
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With leave, The Senate reverted to Notices of Motions. With leave of the Senate, The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Milne:That the Standing Senate Committee on Aboriginal Peoples have power to sit at 4:30 p.m. today, Tuesday, October 17, 2000, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-41, An Act to amend the statute law in relation to veterans' benefits.The Honourable Senator Wiebe moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be read the second time.
After debate, The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Wiebe moved, seconded by the Honourable Senator Banks, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Grafstein, for the third reading of 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.
After debate, 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. Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Chalifoux, for the third reading of Bill C-27, An Act respecting the national parks of Canada.
After debate, In amendment, the Honourable Senator Rossiter moved, seconded by the Honourable Senator Tkachuk, that the Bill, in Clause 34, be amended by deleting lines 7 to 10, sub-section 3 inclusive, on page 24 and that the further sub-sections of Clause 34 be re-numbered accordingly.
After debate, The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-30, An Act to amend the Proceeds of Crime (Money Laundering) Act.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be read the second time.
After debate, The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Rossiter, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Graham, P.C.:That, in accordance with Section 53 of the Privacy Act, Chapter P-21 of the Revised Statutes of Canada 1985, the Senate approve the appointment of George Radwanski as Privacy Commissioner.
After debate, The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Adams, Andreychuk, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cook, Corbin, De Bané, DeWare, Fairbairn, Ferretti Barth , Finnerty, Fitzpatrick, Furey, Gill, Grafstein, Gustafson, Hays, Hervieux-Payette, Joyal, Kennedy, Kenny, Kinsella, Kroft, Lawson, Lynch-Staunton, Maheu, Mahovlich, Mercier, Milne, Moore, Pépin, Poy, Robichaud, (L'Acadie-Acadia), Setlakwe, Sibbeston, Sparrow, Spivak, Squires, Taylor, Watt, Wiebe-49NAYS
The Honourable Senators
Atkins, Comeau, Di Nino, LeBreton, Nolin, Prud'homme, St. Germain-7ABSTENTIONS
The Honourable Senators
Forrestall, Gauthier, Meighen, Simard-4OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Finestone, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill S-24, An Act to amend the Broadcasting 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 Austin, P.C., that the Bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.Orders No. 2 to 4 were called and postponed until the next sitting.
Private Bills
Order No. 1 was called and postponed until the next sitting.Reports of Committees
Consideration of the Tenth Report of the Standing Committee on Privileges, Standing Rules and Orders (amendment to Rule 94) presented in the Senate on October 16, 2000.The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Kenny, that the Report be adopted.
After debate, The Honourable Senator Lynch-Staunton for the Honourable Senator Kinsella moved, seconded by the Honourable Senator Atkins, 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 Spivak, seconded by the Honourable Senator LeBreton, for the adoption of the Fifth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (study on issues relating to energy, the environment and natural resources generally in Canada), presented in the Senate on September 21, 2000.After debate, The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.Other
Orders No. 17, 6 (inquiries), 80 (motion), 14, 12 (inquiries), 57 (motion) and 19 (inquiry) were called and postponed until the next sitting.Order No. 23 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
INQUIRIES
The Honourable Senator St. Germain, P.C., called the attention of the Senate to concerns expressed by Canadians in the Western and Territorial region that he represents, with regard to the need for fundamental and far reaching reform of Canada's Parliamentary Institutions: the Senate of Canada and the House of Commons, namely that:a diverse, federal country needs an effective, useful and viable Upper House to represent provincial and regional interests and as such, reform of the Senate needs to:
(a) focus attention on defining the purpose of the Senate, consequently giving the Senate the legitimacy which it deserves to be an active participant in the legislative process;
(b) define the role which a revised Senate might take at a national level and the powers which would be appropriate for it to exercise in harmony with the House of Commons;
(c) give standing committees a more effective position of governing in the Senate, more particularly, in relation to the task of reviewing the nomination of federally appointed judges;
(d) determine the length of term of office;
(e) determine an alternate means by which to select members of the Senate;
(f) determine the nature of its regional representation, particularly a desire to see each province finally receive the numerical representation it deserves in the Senate of Canada; and that
there needs to be reform of the House of Commons to:
(a) make it more democratic and accountable;
(b) give all Members the freedom to be part of the policy making process. MPs need the ability to voice and promote the concerns of their constituents - to truly represent their people;
(c) determine recommendations addressing democratic accountability which could be through such measures as (1) having free votes; (2) giving standing committees legitimate authority to exercise thorough examination of government policies; legislative proposals; fiscal measures and, providing parliamentarians with a forum and mechanism to introduce legitimate concerns and ideas of Canadians.After debate, The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Lawson, 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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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 Bacon:
That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October 18, 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 adjourn the Senate;
That should a division be deferred until 5:30 p.m. tomorrow, the Speaker shall interrupt the proceedings at 3:30 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred division; andThat all matters on the Orders of the Day and on the Notice Paper, which have not been reached, shall retain their position.
The question being put on the motion, it was adopted.REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Merchant Seamen Compensation Board 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. 2/36-572.Report of the Roosevelt Campobello International Park Commission, together with the Auditors' Report, for the year 1999, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964-65, c. 19, s. 7.-Sessional Paper No. 2/36-573.
Statement on the Operations of the Returned Soldiers' Insurance Act for the fiscal year ended March 31, 2000, pursuant to the Act to amend the Returned Soldiers' Insurance Act, S.C. 1951, c. 59, s. 12.-Sessional Paper No. 2/36-574.Statement on the Operations of the Veterans Insurance Act for the fiscal year ended March 31, 2000, pursuant to the Act, R.S.C. 1970, c. V-3, sbs. 18(2).-Sessional Paper No. 2/36-575.
Report of the Canadian Centre for Occupational Health and Safety, together with the Auditor General's report, for the fiscal year ended March 31, 2000, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2).-Sessional Paper No. 2/36-576.Management Plan for Waterton Lakes National Park of Canada, dated May 2000, pursuant to An Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, c. 48, s. 4.-Sessional Paper No. 2/36-577.
Management Plan for Kootenay National Park of Canada, dated May 2000, pursuant to An Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, c. 48, s. 4.-Sessional Paper No. 2/36-578.Management Plan for Jasper National Park of Canada, dated May 2000, pursuant to An Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, c. 48, s. 4.-Sessional Paper No. 2/36-579.
Management Plan for Yoho National Park of Canada, dated May 2000, pursuant to An Act to amend the National Parks Act and to amend An Act to amend the National Parks Act, S.C. 1988, c. 48, s. 4.-Sessional Paper No. 2/36-580.Corporate Plan, together with a summary, for the period 2000-01 to 2004-05 of the Parks Canada Agency, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 33(1). -Sessional Paper No. 2/36-581.
Summaries of the Corporate Plan for the period 2000-01 to 2004-05 and of the Operating and Capital Budgets for 2000-01 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 2/36-582.Report of Atomic Energy of Canada Limited on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 2000, pursuant to the Act, S.C. 1995, c. 20, s. 8. -Sessional Paper No. 2/36-583.
Report of the Standards Council of Canada on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 2000, pursuant to the Act, S.C. 1995, c. 20, s. 8. -Sessional Paper No. 2/36-584.Report of the Business Development Bank of Canada on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 2000, pursuant to the Act, S.C. 1995, c. 20, s. 8. -Sessional Paper No. 2/36-585.
Report on the administration of the Canada Small Business Financing Act for the fiscal year ended March 31, 2000, pursuant to the Act, S.C. 1998, c. 36, s. 20.-Sessional Paper No. 2/36-586.Report of the Natural Sciences and Engineering Research Council of Canada, together with the Auditor General's report, for the fiscal year ended March 31, 2000, pursuant to the Natural Sciences and Engineering Research Council Act, R.S.C. 1985, c. N-21, s. 18.-Sessional Paper No. 2/36-587.
Report of the Copyright Board for the fiscal year ended March 31, 2000, pursuant to the Act to amend the Copyright Act and to amend other Acts in consequence thereof, R.S.C. 1985, c. 10 (4th Supp.), s. 12.-Sessional Paper No. 2/36-588.Reports of the Department of Industry 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. 2/36-589.
Reports of the Department of Justice 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. 2/36-590.Reports of the Canadian Human Rights Commission 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. 2/36-591.
Statutes of Nunavut for the Third Session of the First Legislative Assembly, pursuant to the Nunavut Act, R.S.C. 1999, c. N-28, sbs. 28(1).-Sessional Paper No. 2/36-592.Reports of the Department of Indian Affairs and Northern Development 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. 2/36-593.
Copy of Order in Council P.C. 2000-1351, dated August 23, 2000, concerning the Interim Agreement on Social Security between the Government of Canada and the Government of Israel, signed on April 9, 2000, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).-Sessional Paper No. 2/36-594.Reports of the Canada Industrial Relations Board 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. 2/36-595.
ADJOURNMENT
The Honourable Senator Hays moved, seconded by the Honourable Senator Taylor:That the Senate do now adjourn.
The question being put on the motion, it was adopted.(Accordingly, at 5:25 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and CommerceThe name of the Honourable Senator Hervieux-Payette substituted for that of the Honourable Senator Bacon (October 17).