53 Elizabeth II, A.D. 2004, Canada

Journals of the Senate

3rd Session, 37th Parliament

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Issue 24

Thursday, March 25, 2004
1:30 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Austin, Bacon, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kinsella, Kroft, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Mercer, Merchant, Milne, Morin, Murray, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stratton, Watt

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, *Kenny, Kinsella, *Kirby, Kroft, Lapointe, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Mercer, Merchant, Milne, Morin, *Munson, Murray, *Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Smith, Sparrow, Spivak, Stratton, Watt

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Canadian Human Rights Commission for the year 2003, including the Report on Employment Equity, pursuant to the Canadian Human Rights Act, S. C. 1998, c. 9, sbs. 61(4). —Sessional Paper No. 3/37-109.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Furey presented the following:

THURSDAY, March 25, 2004

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

THIRD REPORT

Your Committee, to which was referred Bill S-15, An Act to amend the Act of incorporation of Queen's Theological College, has, in obedience to the Order of Reference of Thursday, March 11, 2004, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.

Respectfully submitted,

GEORGE FUREY

Chair

APPENDIX TO THE REPORT

Observations to the Third Report of the Standing Senate Committee on Legal and Constitutional Affairs

Bill S-15 is a private bill that amends the 1912 Act of Parliament that incorporated Queen's Theological College in Kingston. In all that time, the College has not returned to Parliament for ask for amendments to that Act. Meanwhile, much has changed. The College was originally founded as a Presbyterian College, but when the union of the Presbyterian, Methodist and Congregational Churches took place in 1925 to produce the United Church of Canada, the Act was not changed to reflect this new relationship. There are a number of other amendments to the Act that the College also wishes to see made, including changes in the composition and role of its Board of Management.

Your Committee is satisfied that the College has complied with all of the requirements for a private bill set out in the Rules of the Senate, and accepts the testimony of College representatives that the contents of Bill S-15 are reasonable and required.

On the other hand, your Committee believes that the time has passed when private corporations incorporated by a Special Act of Parliament should be required to return to Parliament to modernize their governance structures. Your Committee has previously recommended that the Canada Corporations Act should be amended to permit these corporations to regulate such matters internally, and we reiterate that recommendation in the context of Queen's Theological College and all other Special Act corporations in the same situation.

With leave of the Senate,

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Doody, that the Bill be placed on the Orders of the Day for a third reading later this day.

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

The Honourable Senator Furey, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Fourth Report (Bill C-16, An Act respecting the registration of information relating to sex offenders, to amend the Criminal Code and to make consequential amendments to other Acts, without amendment).

The Honourable Senator Furey moved, seconded by the Honourable Senator Lawson, 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 Furey, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its Fifth Report (Bill C-250, An Act to amend the Criminal Code (hate propaganda), without amendment).

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Bacon, 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Kinsella presented a Bill S-17, An Act to amend the Citizenship Act.

The Bill was read the first time.

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Cochrane, 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.

Tabling of Reports from Inter-Parliamentary Delegations.

The Honourable Senator Losier-Cool tabled the following:

Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the meeting of the APF Political Committee, held in Nouakchott, Mauritania, from March 6 to 9, 2004.—Sessional Paper No. 3/37-110.

The Honourable Senator Finnerty tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the meeting of the Committee on Economic Affairs and Development at the European Bank for Reconstruction and Development (EBRD), held in London, England, on January 22 and 23, 2004, and at the First Part of the 2004 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Strasbourg, France, from January 26 to 30, 2004.—Sessional Paper No. 3/37-111.

The Honourable Senator Lynch-Staunton tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Inter-Parliamentary Conference on Global Partnership Against the Spread of Weapons of Mass Destruction and Materials of Mass Destruction, held in Strasbourg, France, on November 20 and 21, 2003.—Sessional Paper No. 3/37- 112.

Notices of Motions

With leave of the Senate,

The Honourable Senator Chaput moved, seconded by the Honourable Senator Merchant:

That the Standing Senate Committee on Official Languages be empowered to sit at 5:30 p.m. on Monday, March 29, 2004, 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

Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill C-4, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.

Debate.

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At 3:28 p.m. the sitting was suspended.

At 3:41 p.m. the sitting resumed.

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The Senate resumed debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill C-4, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.

In amendment, the Honourable Senator Bryden moved, seconded by the Honourable Senator Cools, that the Bill be not now read a third time but that it be amended,

(a) on page 1, in the English version, by replacing the long title with the following:

"An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Counsellor) and other Acts in consequence'';

(b) in clause 2,

(i) on page 1, by replacing lines 8 to 27 with the following:

"20.1 (1) Subject to subsection (2), the Senate shall, by resolution and with the consent of the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.

(2) If the position of Senate Ethics Counsellor is vacant for 30 sitting days, the Senate shall, by resolution and after consultation with the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.

20.2 The Senate Ethics Counsellor shall be a member in good standing of the bar of a province or the Chambre des notaires du Québec.

20.3 (1) The Senate Ethics Counsellor holds office during good behaviour for a term of seven years and may be removed for cause, with the consent of the leaders of all recognized parties in the Senate, by resolution of the Senate.

(2) The Senate Ethics Counsellor, on the expiration of a first or subsequent term of office, is eligible to be re- appointed for a further term not exceeding seven years.'',

(ii) on page 2, by deleting lines 1 to 49,

(iii) on page 3,

(A) by deleting lines 1 to 12,

(B) by replacing lines 13 to 18, with the following:

"20.4 (1) The Senate Ethics Counsellor shall assist members of the Senate by providing confidential advice with respect to any code of conduct adopted by the Senate for its members and shall perform the duties and functions assigned to the Senate Ethics Counsellor by the Senate.'', and

(C) by replacing line 43, with the following:

"20.5 (1) The Senate Ethics Counsellor, or any'',

(iv) on page 4, by deleting lines 16 to 24, and

(v) in the English version, by replacing the expression "Senate Ethics Officer'' with the expression "Senate Ethics Counsellor'' wherever it occurs;

(c) in clause 4, on page 7, by replacing line 8, with the following:

"72.06 For the purposes of sections 20.4,'';

(d) in clause 6, on page 11, by replacing lines 37 and 38, with the following:

"(d) the Ethics Commissioner'';

(e) in clause 7, on page 12, by replacing lines 7 and 8, with the following:

"any committee or member of either House or the Ethics Commis-'';

(f) in clause 8, on page 12,

(i) by replacing lines 14 and 15, with the following:

"(c) with respect to the Senate, the'', and

(ii) by replacing lines 28 and 29, with the following:

"Commons, Library of Parliament and office of'';

(g) in clause 9, on page 13, by replacing the heading before line 1, with the following:

"SENATE, HOUSE OF COMMONS, LIBRARY OF PARLIAMENT AND OFFICE OF THE
ETHICS COMMISSIONER'';

(h) in clause 10, on page 13,

(i) by replacing line 7, with the following:

"ment'', and

(ii) by replacing lines 14 and 15, with the following:

"Parliament or office of the Ethics Commis-'';

(i) in clause 11, on page 13, by replacing lines 21 and 22 with the following:

"brary of Parliament and office of the Ethics Com-'';

(j) in clause 12,

(i) on page 13,

(A) by replacing line 30, with the following:

"Parliament'', and

(B) by replacing line 36, with the following:

"Parliament'', and

(ii) on page 14,

(A) by replacing line 3, with the following:

"ment or'',

(B) by replacing lines 6 and 7, with the following:

"of Commons, Library of Parliament or office of the'',

(C) by replacing line 12, with the following:

"ment or'',

(D) by replacing lines 16 and 17, with the following:

"House of Commons, Library of Parliament or office of'',

(E) by replacing lines 25 and 26, with the following:

"mons, Library of Parliament or office of the Ethics'',

(F) by replacing line 33, with the following:

"ment or'', and

(G) by replacing line 38, with the following:

"Parliament'';

(k) in clause 13,

(i) on page 14, by replacing lines 47 and 48, with the following:

"Commons, Library of Parliament or office of'', and

(ii) on page 15,

(A) by replacing lines 13 and 14, with the following:

"of Parliament or office of the Ethics Commis-'',

(B) by replacing lines 22 and 23, with the following:

"of Parliament or office of the Ethics'', and

(C) by replacing lines 35 and 36, with the following:

"ment or office of the Ethics Com-'';

(l) in clause 14,

(i) on page 15, by replacing lines 43 and 44, with the following:

"brary of Parliament or office of the Ethics Commis-'', and

(ii) on page 16, by replacing lines 6 and 7, with the following:

"Parliament or office of the Ethics Commission-'';

(m) in clause 15,

(i) on page 16,

(A) by replacing lines 14 and 15, with the following:

"House of Commons, Library of Parliament or office of ",

(B) by replacing lines 20 and 21, with the following:

"Library of Parliament or office of the Ethics Commis-'',

(C) by replacing line 29, with the following:

"ment or'',

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

"House of Commons, Library of Parliament or office of'', and

(E) by replacing lines 41 and 42, with the following:

"brary of Parliament or office of the Ethics Commis-'', and

(ii) on page 17, by replacing line 1 with the following:

"ment or'';

(n) in clause 16, on page 17, by replacing lines 11 and 12, with the following:

"mons, Library of Parliament or office of the Ethics'';

(o) in clause 17, on page 17, by replacing lines 20 and 21, with the following:

"Library of Parliament or office of the Ethics Commis-'';

(p) in clause 18, on page 17, by replacing line 30, with the following:

"ment'';

(q) in clause 25, on page 20, by replacing lines 26 and 27, with the following:

"Library of Parliament or office of the'';

(r) in clause 26, on page 20, by replacing lines 36 and 37, with the following:

"(c.1) the office of the Ethics'';

(s) in clause 27, on page 21, by replacing line 9, with the following:

"Parliament'';

(t) in clause 28, on page 21,

(i) by replacing lines 20 and 21, with the following:

"Library of Parliament or office of the Ethics Commis-'', and

(ii) by replacing lines 28 and 29, with the following:

"Commons, Library of Parliament or office of the'';

(u) in clause 29, on page 22, by replacing lines 14 and 15, with the following:

"Commons, Library of Parliament and office of the Ethics'';

(v) in clause 30, on page 22, by replacing lines 24 and 25, with the following:

"Library of Parliament or office of the Ethics Com-'';

(w) in clause 31, on page 22, by replacing line 33, with the following:

"ment'';

(x) in clause 32, on page 22, by replacing lines 38 and 39, with the following:

"of Parliament or office of the Ethics Commissioner,'';

(y) in clause 33, on page 23,

(i) by replacing line 3, with the following:

"word "or'' at the end of paragraph (b), by adding the word "or'' at the end of paragraph (c) and'', and

(ii) by replacing lines 6 to 8, with the following:

"(d) the office of the Ethics Commissioner'';

(z) in clause 34, on page 23, by replacing lines 15 to 17, with the following:

"(c.1) the office of the Ethics Commissioner'';

(z.1) in clause 36, on page 24, by replacing lines 11 and 12, with the following:

"Commons, Library of Parliament and office of the'';

(z.2) in clause 37, on page 24,

(i) by replacing line 22, with the following:

"Parliament'', and

(ii) by replacing line 31, with the following:

"ment or'';

(z.3) in clause 38, on page 25, by replacing lines 12 and 13, with the following:

"any committee or member of either House or the Ethics Commis-'';

(z.4) in clause 40,

(i) on page 28,

(A) by replacing lines 4 and 5, with the following:

"communes, à la bibliothèque du Parlement ou'',

(B) by replacing lines 17 and 18, with the following:

"ment ou au commissariat à l'éthique par '',

(C) by replacing lines 28 and 29, with the following:

"House of Commons, Library of Parliament or office of'',

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

"Library of Parliament or office of the Ethics Commis-'', and

(E) by replacing line 43, with the following:

"ment or'', and

(ii) on page 29,

(A) by replacing lines 2 and 3, with the following:

"House of Commons, Library of Parliament or office of'',

(B) by replacing line 13, with the following:

"ment or'',

(C) by replacing lines 19 and 20, with the following:

"brary of Parliament or office of the Ethics Commis-'',

(D) by replacing line 26, with the following:

"ment or'', and

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

"Commons, Library of Parliament or office of the Ethics'', and

(iii) on page 30,

(A) by replacing lines 5 and 6, with the following:

"Library of Parliament or office of the Ethics Commis-'',

(B) by replacing lines 20 and 21, with the following:

"Library of Parliament or the office of the'',

(C) by replacing lines 25 and 26, with the following:

"Commons, the Library of Parliament or the'',

(D) by replacing lines 36 and 37, with the following:

"Commons, the Library of Parliament or the'', and

(E) by replacing lines 42 and 43, with the following:

"Parliament or the office of the Ethics Commis-''; and

(z.5) in clause 41, on page 31,

(i) by replacing lines 23 and 24, with the following:

"Commons, Library of Parliament and office of the'', and

(ii) by replacing lines 43 and 44, with the following:

"Commons, Library of Parliament and office of the''.

After debate,

The Honourable Senator Rompkey, P.C., for the Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Milne, 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.

Third 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 Massicotte, 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 a Message be sent to the House of Commons to acquaint that House that the Senate has passed this Bill, without amendment.

Second reading of Bill C-24, An Act to amend the Parliament of Canada Act.

The Honourable Senator Morin moved, seconded by the Honourable Senator Downe, that the Bill be read the second time.

After debate,

The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.

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

Second reading of Bill C-26, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2004.

The Honourable Senator Day moved, seconded by the Honourable Senator Finnerty, 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 Day moved, seconded by the Honourable Senator Smith, 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.

Reports of Committees

Consideration of the Sixth Report (first interim) of the Standing Senate Committee on National Finance (2004-2005 Estimates) presented in the Senate on March 23, 2004.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator LeBreton, that the Report be adopted.

After debate,

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

Bills

Second reading of Bill C-27, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2005.

The Honourable Senator Day moved, seconded by the Honourable Senator Cools, 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 Day moved, seconded by the Honourable Senator Sibbeston, that the Bill be referred to the Standing Senate Committee on National Finance.

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

Order No. 7 was called and postponed until the next sitting.

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Ordered, That the Order under OTHER BUSINESS, Private Bills, set down on the Orders of the Day for later this day, be brought forward.

Third 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 Kinsella, 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 all remaining Orders be postponed until the next sitting.

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

Summaries of the Corporate Plan for 2004-2008 and of the Capital Budget for 2004 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 3/37-106.

Report of the Canadian Institutes of Health Research for the fiscal year ended March 31, 2003, pursuant to the Canadian Institutes of Health Research Act, S.C. 2000, c. 6, sbs. 32(2). —Sessional Paper No. 3/37-107.

Report on exemptions issued to masters, mates and engineers for the year 2003, pursuant to the Canada Shipping Act, R.S.C. 1985, c. S-9, sbs. 132(2).—Sessional Paper No. 3/37-108.

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 6:27 p.m. the Senate was continued until 9:00 a.m. tomorrow.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Eyton and Stratton substituted for those of the Honourable Senators Beaudoin and Eyton (March 24).

Standing Committee on Rules, Procedures and the Rights of Parliament

The name of the Honourable Senator Murray substituted for that of the Honourable Senator Oliver (March 24).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Kinsella substituted for that of the Honourable Senator Nolin (March 25).

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