50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 43

Wednesday, June 6, 2001
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poy, Prud'homme, Robichaud, Roche, Rossiter, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson

The Members in attendance to business were:

The Honourable Senators

*Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, *Comeau, *Cook, Cools, Corbin, *Cordy, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, *Mahovlich, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poy, Prud'homme, *Robertson, Robichaud, Roche, Rossiter, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, Wilson

PRAYERS

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Taylor, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Fourth Report (Bill C-3, An Act to amend the Eldorado Nuclear Limited Reorganization and Divestiture Act and the Petro-Canada Public Participation Act) without amendment.

The Honourable Senator Banks moved, seconded by the Honourable Senator Kolber, 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 Taylor presented the following:

WEDNESDAY, June 6, 2001

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

FIFTH REPORT

Your Committee, to which was referred Bill C-4, An Act to establish a foundation to fund sustainable development technology, has, in obedience to the Order of Reference of Wednesday, May 2nd, 2001, examined the said Bill and now reports the same without amendment, but with observations which are appended to this report.

Respectfully submitted,

NICHOLAS W. TAYLOR

Chair

APPENDIX TO REPORT

The actions of the Government of Canada in creating a private sector corporation as a stand in for the Foundation now proposed in Bill C-4, and the depositing of $100 million of taxpayer's money with that corporation, without the prior approval of parliament is an affront to members of both Houses of Parliament. The Committee requests that the Speaker of the Senate notify the Speaker of the House of Commons of the dismay and concern of the Senate with this circumvention of the parliamentary process.

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

 

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Finestone, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Thursday, June 7, 2001, at 1:30 p.m.

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

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill S-23, An Act to amend the Customs Act and to make related amendments to other Acts.

The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Mercier, that the Bill be read the third time.

In amendment, the Honourable Senator Setlakwe moved, seconded by the Honourable Senator Morin, that the Bill be not now read a third time but that it be amended in clause 34, on page 16, in the French version:

(a) by replacing lines 34 and 35, with the following:

" préférentiel demandé pour le motif que le classement tarifaire ou la valeur d'une matière "; and

(b) by replacing lines 38 and 39, with the following:

"marchandises diffère du classement ou de la valeur correspondants de ces matières ou".

After debate,

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

The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Mercier, for the third reading Bill S-23, as amended.

In amendment, the Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Finestone, P.C., that the Bill, as amended, be not now read a third time but that it be further amended in clause 42, on page 20, in the French version, by replacing lines 13 to 18, with the following:

"du paragraphe 59(2) peut, dans les quatre-vingt-dix jours suivant la notification de l'avis et après avoir versé tous droits et intérêts dus sur des marchandises ou avoir donné la garantie, jugée satisfaisante par le ministre, du versement du montant de ces droits et intérêts, deman-".

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

The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Mercier, for the third reading Bill S-23, as amended.

After debate,

In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Simard, that the Bill, as amended, be not now read a third time but that it be further amended in clause 59:

(a) on page 64, by deleting lines 25 to 37; and

(b) on pages 64 and 65, by renumbering subclauses (5) and (6) as subclauses (4) and (5) and any cross-references thereto accordingly.

After debate,

The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Graham, P.C., that further debate on the motion in amendment 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 Hervieux-Payette, P.C., seconded by the Honourable Senator Watt, for the third reading of Bill C-8, An Act to establish the Financial Consumer Agency of Canada and to amend certain Acts in relation to financial institutions.

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.

Order No. 3 was called and postponed until the next sitting.

 

OTHER BUSINESS

Senate Public Bills

Third reading of Bill S-7, An Act to amend the Broadcasting Act.

The Honourable Senator Finestone, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be read the third time.

After debate,

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Buchanan, P.C., 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 6 were called and postponed until the next sitting.

 

Reports of Committees

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

 

Other

Resuming debate on the inquiry of the Honourable Senator Moore calling the attention of the Senate to the emerging issue of deferred maintenance costs in Canada's post-secondary institutions.

After debate,

The Honourable Senator Robichaud, P.C., for the Honourable Senator Austin, P.C, moved, seconded by the Honourable Senator Austin, P.C., that further debate on the inquiry be adjourned until the next sitting.

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

Orders No. 54 (motion), 7 (inquiry), 3 (motion), 18, 20, 1, 13, 16 (inquiries), 44 (motion), 6, 11, 5, 10, 8 (inquiries) and 41 (motion) were called and postponed until the next sitting.

 

MOTIONS

The Honourable Senator Gauthier moved, seconded by the Honourable Senator Fraser:

That the Rules of the Senate be amended, by adding the following:

25.(1.1) A Senator may request that the Government respond to a specific question placed on the Order Paper within forty-five calendar days by so indicating when filing his or her question.

After debate,

In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Prud'homme, P.C., that the motion be referred to the Standing Committee on Privileges, Standing Rules and Orders.

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

The Honourable Senator Finnerty for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Pearson:

That the Standing Senate Committee on National Finance have power to sit on Thursday, June 7, 2001, at 3:30 p.m. 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.

 

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

Reports of the Canada Port Authorities for the year ended December 31, 2000, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-257.

Reports of Status of Women Canada for the fiscal year ended March 31, 2001, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-258.

Reports of the Canadian International Trade Tribunal for the fiscal year ended March 31, 2001, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-259.

 

ADJOURNMENT

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Ferretti Barth:

That the Senate do now adjourn.

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

(Accordingly, at 3:20 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 Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Buchanan substituted for that of the Honourable Senator Comeau (June 5).

Standing Senate Committee on National Finance

The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Comeau (June 5).

The name of the Honourable Senator De Bané substituted for that of the Honourable Senator Mahovlich (June 6).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Banks and Kenny substituted for those of the Honourable Senators Poulin and Kroft (June 6).

Standing Joint Committee on Official Languages

The name of the Honourable Senator Setlakwe substituted for that of the Honourable Senator Mahovlich (June 6).

Standing Senate Committee on Social Affairs, Science and Technology

The name of the Honourable Senator Morin substituted for that of the Honourable Senator Cordy (June 6).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Taylor, Sparrow and Fairbairn substituted for those of the Honourable Senators Adams, Rompkey and Fitzpatrick (June 6).

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