Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 101
Monday, March 25, 2002
4:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Banks, Beaudoin, Bryden, Carstairs, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Keon, Kinsella, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, Pearson, Pépin, Poulin (Charette), Poy, Rivest, Robichaud, Rompkey, Sibbeston, Sparrow, St. Germain, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Atkins, Austin, *Bacon, Banks, Beaudoin, Bryden, *Callbeck, Carstairs, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, *Forrestall, Fraser, Furey, Gauthier, Gill, Graham, *Gustafson, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, *Kenny, Keon, Kinsella, *Kirby, LaPierre, Lapointe, *Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Milne, Moore, Morin, Murray, Nolin, *Oliver, Pearson, Pépin, *Phalen, Poulin (Charette), Poy, Rivest, Robichaud, Rompkey, Sibbeston, Sparrow, St. Germain, Stollery, Taylor, Tkachuk, Tunney, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs, presented its Twelfth Report (budget—study concerning Russia and Ukraine).
(The Report is printed as an Appendix)
The Honourable Senator Stollery moved, seconded by the Honourable Senator LaPierre, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Christensen, seconded by the Honourable Senator Léger, for the third reading of Bill C-39, An Act to replace the Yukon Act in order to modernize it and to implement certain provisions of the Yukon Northern Affairs Program Devolution Transfer Agreement, and to repeal and make amendments to other Acts.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Beaudoin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill C-30, An Act to establish a body that provides administrative services to the Federal Court of Appeal, the Federal Court, the Court Martial Appeal Court and the Tax Court of Canada, to amend the Federal Court Act, the Tax Court of Canada Act and the Judges Act, and to make related and consequential amendments to other Acts.
The Honourable Senator Bryden moved, seconded by the Honourable Senator Sibbeston, that the Bill be read the third time.
After debate,
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Comeau, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Watt, for the adoption of the Eleventh Report of the Standing Senate Committee on National Finance (Supplementary Estimates (B) 2001-2002), presented in the Senate on March 14, 2002.
After debate,
The question being put on the motion, it was adopted.
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With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on National Finance, presented its Fifteenth Report (Bill C-49, An Act to implement certain provisions of the budget tabled in Parliament on December 10, 2001) without amendment.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-51, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2002.
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that the Bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was negatived on division.
The Senate resumed the debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Watt, for the second reading of Bill C-51.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Cools moved, seconded by the Honourable Senator Cordy, 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.
Second reading of Bill C-52, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2003.
The Honourable Senator Cools moved, seconded by the Honourable Senator Taylor, that the Bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Reports of Committees
Consideration of the Eleventh Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill C-33, An Act respecting the water resources of Nunavut and the Nunavut Surface Rights Tribunal and to make consequential amendments to other Acts, with one amendment and observations), presented in the Senate on March 21, 2002.
The Honourable Senator Taylor moved, seconded by the Honourable Senator Milne, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill as amended 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.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill S-12, An Act to amend the Statistics Act and the National Archives of Canada Act (census records);
And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be referred back to the Standing Senate Committee on Social Affairs, Science and Technology for further study.
After debate,
In amendment, the Honourable Senator Milne moved, seconded by the Honourable Senator Poulin, that the motion in amendment be amended by adding after the word "study'' the following:
", and that the Committee report its findings to this Chamber no later than Tuesday, April 30, 2002.''
After debate,
The question being put on the sub-amendment, it was adopted.
The question then being put on the motion in amendment, as amended, of the Honourable Senator Murray, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time, but that it be referred back to the Standing Senate Committee on Social Affairs, Science and Technology for further study, and that the Committee report its findings to this Chamber no later than Tuesday, April 30, 2002, it was adopted.
Orders No. 2 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Banks, for the second reading of Bill S-39, An Act to amend the National Anthem Act to include all Canadians.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Maheu, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 to 10 were called and postponed until the next sitting.
Reports of Committees
Consideration of the Fourteenth Report of the Standing Senate Committee on National Finance entitled: The Effectiveness of and Possible Improvements to the Present Equalization Policy, tabled in the Senate on March 21, 2002.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Keon, that the report be adopted.
After debate,
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Bryden, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the Twelfth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees), presented in the Senate on March 21, 2002.
The Honourable Senator Atkins moved, seconded by the Honourable Senator Kinsella, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Thirteenth Report of the Standing Committee on Internal Economy, Budgets and Administration (salary increase for unrepresented employees), presented in the Senate on March 21, 2002.
The Honourable Senator Milne for the Honourable Senator Kroft moved, seconded by the Honourable Senator Pépin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Orders No. 4 to 7 were called and postponed until the next sitting.
Consideration of the Second Report of the Standing Senate Committee on Human Rights, entitled: Promises to Keep: Implementing Canada's Human Rights Obligations, tabled in the Senate on December 13, 2001.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that the Report be adopted.
After debate,
The Honourable Senator Fraser for the Honourable Senator Poy moved, seconded by the Honourable Senator Gill, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 9 and 10 were called and postponed until the next sitting.
Other
Orders No. 40 (inquiry), 103 and 122 (motions) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Beaudoin,
That the Standing Senate Committee on Fisheries be authorized to examine and report upon the matters relating to oceans and fisheries;
That the papers and evidence received and taken on the subject during the First Session of the Thirty-seventh Parliament be referred to the Committee;
That the Committee submit its final report no later than June 30, 2003; and
That the Committee be permitted, notwithstanding usual practices, to deposit any report with the Clerk of the Senate, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
After debate,
In amendment, the Honourable Senator Cordy moved, seconded by the Honourable Senator Léger, that the motion be amended by striking out the words "June 30, 2003'' and substituting the words "October 30, 2003''.
The question being put on the motion in amendment, it was adopted.
The question then being put on the main motion, as amended, it was adopted.
Orders No. 119, 120 (motions), 43, 11, 42, 16, 29 (inquiries), 73 (motion), 26 (inquiry), 44 (motion), 35 (inquiry), 41 (motion), 37 (inquiry) and 3 (motion) were called and postponed until the next sitting.
Order No. 38 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.
MOTIONS
The Honourable Senator Hervieux-Payette, P.C. moved, seconded by the Honourable Senator Milne:
That a special committee of the Senate be appointed to examine the important issue of providing support for the next generation (La Relève) in the Arts;
That the special committee consist of five Senators, three of whom shall constitute a quorum;
That the committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers, briefs and evidence as may be ordered by the committee;
That the committee have power to authorize television and radio broadcasting or dissemination through the electronic media, as it deems appropriate, of any or all of its proceedings and the information it possesses;
That the committee have power to sit during adjournments of the Senate pursuant to Rule 95(2) of the Rules of the Senate; and
That the committee present its final report no later than two years after it is appointed.
After debate,
The Honourable Senator Hervieux-Payette, P.C. moved, seconded by the Honourable Senator De Bané, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Milne moved, seconded by the Honourable Senator Bryden:
That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the implementation of statutory review provisions contained in selected legislation relating to legal and constitutional matters;
That the papers and evidence received and taken during the examination of such legislation during previous Parliaments, and reports thereon, be referred to the Committee; and
That the Committee submit its final report to the Senate no later than December 20, 2003.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summary of the Corporate Plan for 2002-03 to 2004-05 of the Canada Customs and Revenue Agency, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, s. 49. —Sessional Paper No. 1/37-692.
Summaries of the Corporate Plans for 2000-01 to 2004-05 and of the Operating and Capital Budgets for 2000-01 of the Federal Bridge Corporation Limited and its subsidiaries, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/37-693.
Summaries of the Corporate Plans for 2001-02 to 2005-06 and of the Operating and Capital Budgets for 2001-02 of the Federal Bridge Corporation Limited and its subsidiaries, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/37-694.
Summary of the Corporate Plan for 2002-06 and of the Operating and Capital Budgets for 2002 of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/37-695.
Document entitled "Indian Claims Commission: Annual Report 2000-2001''.—Sessional Paper No. 1/37-696.
Response of the government to the Third Report of the Standing Joint Committee for Scrutiny of Regulations (Royal Canadian Mounted Police Regulations), tabled in the Senate on Thursday, November 8, 2001.—Sessional Paper No. 1/37-697S.
Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2001, pursuant to the Act, S.C. 1992, c. 46, s. 67.—Sessional Paper No. 1/37-698.
Report on the administration of the Public Service Superannuation Act for the fiscal year ended March 31, 2001, pursuant to the Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 1/37-699.
Actuarial Report (including Certification of Assets) on the Regular Force Death Benefit Account as at March 31, 2000, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 71.—Sessional Paper No. 1/37-700.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:40 p.m. the Senate was continued until 2:00 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 Atkins substituted for that of the Honourable Senator Di Nino (March 21).
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Chalifoux, Day and Wiebe substituted for those of the Honourable Senators Sibbeston. Setlakwe and LaPierre (March 22).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Fitzpatrick, Hervieux-Payette and Kolber substituted for those of the Honourable Senators Hubley, Maheu and Mahovlich (March 22).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Adams, Kenny and Finnerty substituted for those of the Honourable Senators Watt, Stollery and Moore (March 22).
Standing Senate Committee on Fisheries
The name of the Honourable Senator Adams substituted for that of the Honourable Senator Hubley (March 22).
Standing Senate Committee on Legal and Constitutional Affairs
The names of the Honourable Senators Fraser and Cools substituted for those of the Honourable Senators Fairbairn and Christensen (March 22).
Standing Joint Committee on the Library of Parliament
The name of the Honourable Senator Hubley added to the membership (March 22).
Standing Senate Committee on National Finance
The name of the Honourable Senator Banks substituted for that of the Honourable Senator Rompkey (March 22).
The names of the Honourable Senators Johnson and Tkachuk substituted for those of the Honourable Senators Comeau and Bolduc (March 25).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Rompkey (March 22).