Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 20
Thursday, March 11, 2004
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Banks, Biron, Callbeck, Carney, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kroft, LaPierre, Lapointe, Lavigne, Lawson, Léger, Losier-Cool, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Banks, *Beaudoin, Biron, Callbeck, Carney, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kroft, LaPierre, Lapointe, Lavigne, Lawson, Léger, Losier-Cool, Maheu, Mahovlich, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, *Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
WRITTEN DECLARATION OF ROYAL ASSENT
At 1:35 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
March 11, 2004
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 11th day of March, 2004, at 8:55 a.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, March 11, 2004
An Act respecting the effective date of the representation order of 2003 (Bill C-5, Chapter 1, 2004)
SENATORS' STATEMENTS
Tributes
Tribute was paid to the memory of the Honourable (Sister) Mary Alice (Peggy) Butts, former Senator, whose death occurred March 6, 2004.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon tabled the following (Sessional Paper No. 3/37-98S):
THURSDAY, March 11, 2004
The Standing Committee on Internal Economy, Budgets and Administration has the honour to table its
FOURTH REPORT
Your Committee reports, pursuant to Rule 104, that the expenses incurred by the Committee during the Second Session of the Thirty-Seventh Parliament are as follows:
Professional & Other Services $ 1,151 Transportation & Communications — All Other Expenditures — Total $ 1,151
Respectfully submitted,
LISE BACON
Chair
The Honourable Senator Cook, Deputy Chair of the Standing Senate Committee on Fisheries and Oceans, presented its Second Report (budget—study on Nunavut and Nunavik quotas and benefits).
(The Report is printed as Appendix "A'')
With leave of the Senate,
The Honourable Senator Cook moved, seconded by the Honourable Senator Corbin, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Cook, Deputy Chair of the Standing Senate Committee on Fisheries and Oceans, presented its Third Report (budget—study on straddling stocks and fish habitat).
(The Report is printed as Appendix "B'')
The Honourable Senator Cook moved, seconded by the Honourable Senator Poulin, 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.
The Honourable Senator Bacon presented the following:
THURSDAY, March 11, 2004
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FIFTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2003-2004.
Banking, Trade and Commerce (Legislation)
Professional and Other Services $ 9,750 Transportation and Communications — Other Expenditures 1,000 Total $ 10,750
Energy, the Environment and Natural Resources (Legislation)
Professional and Other Services $ 3,000 Transportation and Communications — Other Expenditures 1,000 Total $ 4,000
Foreign Affairs (Legislation)
Professional and Other Services $ 1,750 Transportation and Communications 750 Other Expenditures 750 Total $ 3,250
Internal Economy, Budgets and Administration
Professional and Other Services $ 1,000 Transportation and Communications — Other Expenditures — Total $ 1,000
Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 18,000 Transportation and Communications 9,350 Other Expenditures 1,000 Total $ 28,350
(includes funds for conference attendance)
National Finance (Legislation)
Professional and Other Services $ 2,500 Transportation and Communications — Other Expenditures — Total $ 2,500
Scrutiny of Regulations (Joint Committee)
Professional and Other Services $ 750 Transportation and Communications 600 Other Expenditures 1,185 Total $ 2,535
Respectfully submitted,
LISE BACON
Chair
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Gustafson, for the Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Second Report (budget—study on the present state and the future of agriculture and forestry in Canada).
(The Report is printed as Appendix "C'')
With leave of the Senate,
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Rivest, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Gustafson, for the Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Third Report (budget—study on agri-food and forest products).
(The Report is printed as Appendix "D'')
With leave of the Senate,
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Tkachuk, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Kroft, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Second Report (budget—study on charitable giving).
(The Report is printed as Appendix "E'')
The Honourable Senator Kroft moved, seconded by the Honourable Senator Banks, 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.
The Honourable Senator Kroft, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Third Report (Bill C-13, An Act to amend the Criminal Code (capital markets fraud and evidence- gathering) without amendment).
The Honourable Senator Kroft moved, seconded by the Honourable Senator Graham, 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.
The Honourable Senator Morin presented the following:
THURSDAY, March 11, 2004
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
THIRD REPORT
Your Committee, to which was referred Bill C-8, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, has, in obedience to the Order of Reference of Wednesday, February 18, 2004, examined the said Bill and now reports the same with the following amendments:
1. Pages 9 and 10, clause 21:
(a) Page 9: Delete lines 26 to 37; and
(b) Page 10: Delete lines 1 to 31.
2. Page 20 clause 53: Replace line 5 with the following:
"53. If Bill C-6, introduced in the 3rd''.
3. Page 13, new clause 33.1: Add after line 31 the following:
"Injured Military Members Compensation Act
33.1 Paragraph 13(c) of the Injured Military Members Compensation Act is replaced by the following:
(c) personal information collected or obtained by the Library and Archives of Canada in the administration of the Library and Archives of Canada Act, or any predecessor enactment relating to the same subject- matter.''.
And that clauses 22 to 57 be renumbered and any cross-references thereto accordingly.
Respectfully submitted,
YVES MORIN
For the Chair
The Honourable Senator Morin moved, seconded by the Honourable Senator Gauthier, 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.
The Honourable Senator Morin, for the Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its Fourth Report (budget—study on health care (mental health)).
(The Report is printed as Appendix "F'')
With leave of the Senate,
The Honourable Senator Morin moved, seconded by the Honourable Senator Fraser, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, presented its Fourth Report (budget—study on the operation of the Official Languages Act).
(The Report is printed as Appendix "G'')
With leave of the Senate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Ringuette, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its Fifth Report (budget—study on emerging issues related to its mandate).
(The Report is printed as Appendix "H'')
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Mahovlich, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Day presented a Bill S-16, An Act to amend the Copyright Act.
The Bill was read the first time.
The Honourable Senator Day moved, seconded by the Honourable Senator Mahovlich, that the Bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Gauthier presented petitions:
Of Residents of the Provinces of Ontario and Quebec with respect to declaring Ottawa officially bilingual.
The Honourable Senator Day presented petitions:
Of Residents of the Province of Ontario with respect to declaring Ottawa officially bilingual.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Gauthier, for the third reading of Bill C-6, An Act respecting assisted human reproduction and related research.
After debate,
The question being put on the motion, 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 has passed this Bill, without amendment.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Christensen, for the second reading of Bill C-7, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Day moved, seconded by the Honourable Senator Harb, that the Bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Second reading of Bill C-18, An Act respecting equalization and authorizing the Minister of Finance to make certain payments related to health.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Trenholme Counsell, that the Bill be read the second time.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-4, An Act to amend the Official Languages Act (promotion of English and French).
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Fraser, that the Bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
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Ordered, that Orders No. 1 and 2 under GOVERNMENT BUSINESS, Reports of Committees be again called.
Consideration of the Third Report of the Standing Senate Committee on National Finance (Supplementary Estimates (B) 2003-2004) presented in the Senate on March 10, 2004.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Keon, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Consideration of the Fourth Report (Final) of the Standing Senate Committee on National Finance (Main Estimates 2003-2004) presented in the Senate on March 10, 2004.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Kinsella, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-8, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Morin, that the Bill be read the third time.
The question being put on the motion, it was adopted.
The Bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Order No. 3 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Lynch- Staunton, for the second reading of Bill S-3, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate),
And on the motion in amendment of the Honourable Senator Oliver, seconded by the Honourable Senator Lynch- Staunton, that the Bill be not now read the second time, but that the subject-matter thereof be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
After debate,
The question being put on the motion in amendment, it was adopted.
Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, for the second reading of Bill S-7, An Act respecting the effective date of the representation order of 2003,
And on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the original question be now put.
After debate,
A Point of Order was raised with respect to withdrawing the Bill.
After debate,
The Speaker reserved his decision.
Orders No. 6 to 9 were called and postponed until the next sitting.
Commons Public Bills
Third reading of Bill C-260, An Act to amend the Hazardous Products Act (fire-safe cigarettes).
The Honourable Senator Morin moved, seconded by the Honourable Senator Munson, that the Bill be read the third time.
After debate,
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, 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 and 3 were called and postponed until the next sitting.
Private Bills
Second reading of Bill S-15, An Act to amend the Act of incorporation of Queen's Theological College.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Day, 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 Murray, P.C., moved, seconded by the Honourable Senator Day, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the First Report of the Standing Joint Committee on the Library of Parliament (work and quorum of the committee) presented in the Senate on March 9, 2004.
The Honourable Senator Morin moved, seconded by the Honourable Senator Chaput, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Consideration of the Second Report of the Standing Senate Committee on National Finance (Bill C-212, An Act respecting user fees, with amendments) presented in the Senate on February 26, 2004.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Forrestall, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Murray, P.C., that the Bill, as amended, be read the third time now.
The question being put on the motion, it was adopted.
The Bill, as amended, 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 has passed this Bill, with certain amendments, to which it desires its concurrence.
Consideration of the Second Report of the Standing Senate Committee on Fisheries and Oceans (budget—study on Nunavut and Nunavik quotas and benefits), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fifth Report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Senate Committee on Agriculture and Forestry (budget—study on the present state and the future of agriculture and forestry in Canada), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Third Report of the Standing Senate Committee on Agriculture and Forestry (budget—study on agri-food and forest products), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fourth Report of the Standing Senate Committee on Social Affairs, Science and Technology (budget—study on health care (mental health)), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fourth Report of the Standing Senate Committee on Official Languages (budget—study on the operation of the Official Languages Act), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Fifth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (budget—study on emerging issues related to its mandate), presented in the Senate earlier this day.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 40, 59, 3, 24 (motions), 1, 4, 5 (inquiries), 28 and 9 (motions) were called and postponed until the next sitting.
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With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, pursuant to Rule 95(3), during the period Friday, March 12 to Monday, March 22, 2004, inclusive, the Committees of the Senate be authorized to meet even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Monday, March 22, 2004, at 8:00 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 by the Minister of Canadian Heritage on official languages activities for the fiscal year ended March 31, 2003, pursuant to the Official Languages Act, S.C. 1995, c. 11 , s. 29. —Sessional Paper No. 3/37- 97.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:26 p.m. the Senate was continued until Monday, March 22, 2004, at 8:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Finance
The names of the Honourable Senators Banks, Mahovlich, Lawson and Stratton substituted for those of the Honourable Senators Downe, Finnerty, Ferretti Barth and Comeau (March 10).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Tkachuk substituted for that of the Honourable Senator Beaudoin (March 10).