Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 76
Tuesday, September 23, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, Day, De Bané, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, Merchant, Milne, Moore, Morin, Murray, Oliver, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sparrow, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, *Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, *Di Nino, Doody, Downe, Eyton, Ferretti Barth, Finnerty, *Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, *Kenny, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Mahovlich, Massicotte, *Meighen, Merchant, Milne, Moore, Morin, Murray, Oliver, *Pearson, *Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, *Smith, Sparrow, *Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt, *Wiebe
PRAYERS
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that Mac Harb had been summoned to the Senate.
The Honourable the Speaker informed the Senate that there was a Senator without waiting to be introduced.
The Honourable Senator Harb was introduced between the Honourable Senator Carstairs, P.C., and the Honourable Senator Gauthier, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:—
CANADA
Marie Deschamps
(G.S.)
ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
MAC HARB
Of Ottawa, in the Province of Ontario,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
The Honourable Marie Deschamps, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Adrienne Clarkson, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OTTAWA, this ninth day of September in the year of Our Lord two thousand and three and in the fifty-second year of Our Reign.
BY COMMAND,
ALLAN ROCK
Registrar General of Canada
The Honourable Senator Harb came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable the Speaker informed the Senate that the Honourable Senator Harb had made and subscribed the Declaration of Property Qualification required of him by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Supplementary Estimates (A) 2003-2004.—Sessional Paper No. 2/37-650.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Robichaud, P.C., tabled the following:
Replies to Questions No. 76 and 77, dated February 25, 2003, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act—National Research Council.—Sessional Paper No. 2/37-651S.
Reply to Question No. 117, dated March 18, 2003, appearing on the Order Paper in the name of the Honourable Senator Stratton, respecting federally-regulated companies.—Sessional Paper No. 2/37-652S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts.
The Honourable Senator Day moved, seconded by the Honourable Senator Harb, that the Bill be read the third time.
After debate,
A Point of Order was raised with respect to the requirement for Royal Consent.
After debate,
The Speaker reserved his decision.
The Senate resumed debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Harb, for the third reading of Bill C-25.
After debate,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended in clause 12,
(a) on page 145, by replacing line 20, with the following:
"(5) The Governor in Council shall designate, after approval by resolution of the Senate and House of Commons,''; and
(b) on page 151, by replacing lines 20 to 31, with the following:
"110. (1) The Chairperson shall, as soon as possible after the end of each fiscal year, submit an annual report to Parliament on the activities of the Tribunal during that fiscal year.
(2) The Chairperson may, at any time, make a special report to Parliament referring to and commenting on any matter within the scope of the powers and functions of the Tribunal where, in the opinion of the Chairperson, the matter is of such urgency or importance that a report on it should not be deferred until the time provided for transmission of the next annual report of the Tribunal.''; and
(c) on page 168, by replacing line 11, with the following:
"(4) The Governor in Council shall designate, after approval by resolution of the Senate and House of Commons,''.
After debate,
The Honourable Senator Comeau, moved, seconded by the Honourable Senator Stratton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts, as amended,
And on the motion in amendment of the Honourable Senator Watt, seconded by the Honourable Senator Gill, that the Bill, as amended, be not now read a third time but that it be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Immigration and Refugee Board for the fiscal year ended March 31, 2003, 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. 2/37-635.
Reports of Citizenship and Immigration Canada for the fiscal year ended March 31, 2003, 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. 2/37-636.
Report of the Canada Mortgage and Housing Corporation for the fiscal year ended March 31, 2003, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/37-637.
Report of the Canadian Forces Provost Marshal for the fiscal year ended March 31, 2003.—Sessional Paper No. 2/ 37-638.
Report of the Canadian Polar Commission, together with the Auditor General's report, for the fiscal year ended March 31, 2003, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, sbs. 21(2).—Sessional Paper No. 2/ 37-639.
Copy of Order in Council P.C. 2003-1274, dated August 13, 2003, concerning the Amending Agreement between the Government of British Columbia and Canada, pursuant to the Fort Nelson Indian Reserve Minerals Revenue Sharing Act, S.C. 1980-81-82-83, c. 38.—Sessional Paper No. 2/37-640.
Reports of the Nunavut Surface Rights Tribunal for the fiscal year ended March 31, 2003, 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. 2/37-641.
Reports of the Canadian Centre for Management Development for the fiscal year ended March 31, 2003, 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. 2/37-642.
Reports of the Security Intelligence Review Committee for the fiscal year ended March 31, 2003, 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. 2/37- 643.
Reports of the Privy Council Office for the fiscal year ended March 31, 2003, 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. 2/37-644.
Reports of the National Round Table on the Environment and the Economy for the fiscal year ended March 31, 2003, 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. 2/37-645.
Report of the Queens Quay West Land Corporation for the fiscal year ended March 31, 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-646.
Report on the accounts and financial transactions of the Transportation Safety Board of Canada, together with the Auditor General's report, for the fiscal year ended March 31, 2003, pursuant to the Canadian Transportation Accident Investigation and Safety Board Act, S.C. 1989, c. 3, sbs. 13(2). —Sessional Paper No. 2/37-647.
Reports of Indian Residential Schools Resolution Canada for the fiscal year ended March 31, 2003, 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. 2/37- 648.
Reports of the Federal Bridge Corporation Ltd. for the fiscal year ended March 31, 2003, 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. 2/37-649.
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 6:08 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 Energy, the Environment and Natural Resources
The names of the Honourable Senators Buchanan and Stratton substituted for those of the Honourable Senators Stratton and Buchanan (September 18).
Standing Senate Committee on National Finance
The names of the Honourable Senators Maheu and Furey substituted for those of the Honourable Senators Wiebe and Hubley (September 18).
The name of the Honourable Senator Ringuette substituted for that of the Honourable Senator Maheu (September 23).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Robichaud (September 18).
The name of the Honourable Senator Downe added to the membership (September 22).
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Cordy (September 22).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Cordy (September 18).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Corbin substituted for that of the Honourable Senator Merchant (September 22).