Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 52
Wednesday, April 20, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, McCoy, Mercer, Milne, Mitchell, Moore, Murray, Nancy Ruth, Nolin, Oliver, Pearson, Pépin, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stratton, Tardif, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, Baker, *Banks, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, *Eyton, Fairbairn, Ferretti Barth, Finnerty, *Forrestall, *Fraser, Furey, Gill, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, McCoy, *Meighen, Mercer, Milne, Mitchell, Moore, *Munson, Murray, Nancy Ruth, Nolin, Oliver, Pearson, Pépin, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stratton, Tardif, *Tkachuk, *Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its ninth report (budget—study on consumer issues arising in the financial services sector).
(The report is printed as appendix "A'' )
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Pépin, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its tenth report (budget—study on demographics—power to hire staff).
(The report is printed as appendix "B'')
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Cook, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its eleventh report (budget—study on the present state of the domestic and international financial system—power to travel).
(The report is printed as appendix "C'')
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its twelfth report (budget—study on interprovincial barriers to trade—power to hire staff).
(The report is printed as appendix "D'')
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its thirteenth report (budget—study on productivity—power to hire staff).
(The report is printed as appendix "E'')
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, 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.
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 Libreville, Gabon, from March 3 to 6, 2005.—Sessional Paper No. 1/38-484.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Moore, for the second reading of Bill C-33, A second Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004.
Debate.
DEFERRED VOTE
At 2:45 p.m., pursuant to the Order adopted April 19, 2005, the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Losier- Cool, for the third reading of Bill S-18, An Act to amend the Statistics Act.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Adams, Austin, Bacon, Bryden, Callbeck, Carstairs, Chaput, Christensen, Cohen, Cook, Corbin, Cordy, Day, Downe, Dyck, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Furey, Gill, Hervieux-Payette, Hubley, Jaffer, Joyal, Kirby, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, McCoy, Mercer, Milne, Mitchell, Murray, Nancy Ruth, Pearson, Pépin, Peterson, Phalen, Pitfield, Poulin, Poy, Ringuette, Robichaud, Rompkey, Smith, Tardif—51
NAYS
The Honourable Senators
Angus, Buchanan, Cochrane, Comeau, Cools, Di Nino, Keon, LeBreton, Lynch-Staunton, Moore, Nolin, Oliver, Plamondon, Prud'homme, St. Germain, Stratton—16
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill S-18 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.
Bills
The Senate resumed debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Moore, for the second reading of Bill C-33, A second Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004.
After debate.
A point of order was raised with respect to the National Finance Committee.
Debate.
SPEAKER'S RULING
The rules of this place are well established in terms of the relationship of the Senate to its committees. The committees are the masters of their own proceedings. Short of an order from the Senate directing the committee, the committee decides on the conduct of its business. In terms of the discussion I have heard, but in particular of Senator Murray's concern, that is the answer to that question.
I do not know how helpful it is, but I have a quotation from Beauchesne's Parliamentary Rules & Forms, 6th Edition, page 222, paragraph 760(3):
The Speaker has ruled on many occasions that it is not competent for the Speaker to exercise procedural control over committees. Committees are and must remain masters of their own procedure.
You can ignore the reference to the Speaker, but the words, "Committees are and must remain masters of their own procedure,'' I believe answers the point of order.
The question then being put on the motion of the Honourable Senator Day, seconded by the Honourable Senator Moore, for the second reading of Bill C-33, A second Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004, it was adopted on division.
The bill was then read the second time, on division.
The Honourable Senator Day moved, seconded by the Honourable Senator Bacon, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted, on division.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence be authorized to meet on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
At 4:00 p.m., pursuant to the Order adopted by the Senate on November 2, 2004, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canada Development Investment Corporation (including Canada Hibernia Holding Corporation), together with the Auditor General's Report, for the year ended December 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-476.
Summaries of the Corporate Plan for 2005-2009 and of the Capital Budget for 2005 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-477.
Report of the Military Police Complaints Commission for the year 2004, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 82.—Sessional Paper No. 1/38-478.
Report of the Canadian Forces Grievance Board for the year 2004, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 7. —Sessional Paper No. 1/38-479.
Report on exemptions issued to masters, mates and engineers for the year 2004, pursuant to the Canada Shipping Act, R.S.C. 1985, c. S-9, sbs. 132(2).—Sessional Paper No. 1/38-480.
Report of the Atlantic Pilotage Authority, together with the Auditor General's Report, for the year 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/38-481.
Report of the Pacific Pilotage Authority, together with the Auditor General's Report, for the year 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/38-482.
Report of Marine Atlantic Inc., together with the Auditor General's Report, for the year 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-483.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Mitchell substituted for that of the Honourable Senator Hubley (April 19).
Standing Senate Committee on National Finance
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Harb (April 20).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Andreychuk (April 20).