Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 53
Thursday, April 21, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Baker, Biron, Bryden, Buchanan, Callbeck, Carstairs, 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, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, McCoy, Meighen, Milne, Mitchell, Moore, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Atkins, Austin, Bacon, Baker, *Banks, Biron, Bryden, Buchanan, Callbeck, Carstairs, 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, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, McCoy, Meighen, Milne, Mitchell, Moore, *Munson, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Sibbeston, Smith, Spivak, Stratton, Tardif, Tkachuk, *Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Hays tabled the following:
Report of the Speaker of the Senate respecting his attendance at the Thirteenth Biennial Conference of Presiding Officers and Clerks of the Caribbean, the Americas and the Atlantic Region of the Commonwealth Parliamentary Association held in Port-of-Spain (Republic of Trinidad and Tobago) on February 21 and 22, 2005.—Sessional Paper No. 1/38-487S.
Report of the Speaker of the Senate respecting his attendance at the inauguration of the President of Uruguay and his meeting with the President of the Permanent Commission of Mercosur from February 29 to March 5, 2005.—Sessional Paper No. 1/38-488S.
Report of the Senate delegation, led by the Speaker of the Senate, which traveled to the Republic of Indonesia from March 14 to 17, 2005, on the invitation of the Chairman of their People's Consultative Assembly.—Sessional Paper No. 1/38-489S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver, Chair of the Standing Senate Committee on National Finance, presented its eighth report (Bill C-30, An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts, without amendment).
With leave of the Senate,
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., 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 Corbin, Chair of the Standing Senate Committee on Official Languages, presented its fifth report (budget—study on the application of the official languages act— power to travel).
(The report is printed as an appendix)
The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, 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 Furey presented the following:
Thursday, April 21, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
NINTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2005-2006.
Internal Economy, Budgets and Administration
Professional and Other Services $ 3,000 Transport and Communications — Other Expenditures — Total $ 3,000
Official Languages (Legislation)
Professional and Other Services $ 17,700 Transport and Communications 500 Other Expenditures 500 Total $ 18,700
(includes funding for conference attendance)
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Day, 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
Third reading of Bill C-30, An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts.
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the bill be read the third time.
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.
Motions
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, in accordance with rule 95(3), the Standing Senate Committee on National Finance be empowered to meet on Monday, May 2, 2005, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Harb, seconded by the Honourable Senator Mercer, for the second reading of Bill S-22, An Act to amend the Canada Elections Act (mandatory voting).
After debate,
The Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 10 were called and postponed until the next sitting.
Reports of Committees
Consideration of the second report of the Standing Senate Committee on Fisheries and Oceans (budget—study on managing Canada's fisheries and oceans—power to hire staff and travel), presented in the Senate on April 19, 2005.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Cools, 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 Agriculture and Forestry (budget—study on the present state and the future of agriculture and forestry in Canada), presented in the Senate on April 19, 2005.
The Honourable Senator Callbeck, for the Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Grafstein, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 to 5 were called and postponed until the next sitting.
Order No. 6 (4th report of the Social Affairs, Science and Technology Committee) was called and pursuant to rule 27(3) was dropped from the Order Paper.
Consideration of the ninth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on consumer issues arising in the financial services sector), presented in the Senate on April 20, 2005.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the tenth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on demographics—power to hire staff), presented in the Senate on April 20, 2005.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the eleventh report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on the present state of the domestic and international financial system—power to travel), presented in the Senate on April 20, 2005.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the twelfth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on interprovincial barriers to trade—power to hire staff), presented in the Senate on April 20, 2005.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Cook, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the thirteenth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on productivity—power to hire staff), presented in the Senate on April 20, 2005.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Ferretti Barth, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 85, 91 (motions), 15 (inquiry), 82 (motion) and 4 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lavigne, seconded by the Honourable Senator Robichaud, P.C.:
That the Rules of the Senate be amended by adding after rule 135 the following:
135.1 Every Senator shall, after taking his or her Seat, take and subscribe an oath of allegiance to Canada, in the following form, before the Speaker or a person authorized to take the oath:
I, (full name of the Senator), do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada.
After debate,
In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Lavigne:
That the motion be amended by replacing, in the proposed rule 135.1, the word "shall'', with the word "may''.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator LeBreton, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 12, 6 (inquiries), 78, 69 (motions) and 11 (inquiry) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the present inequities of the Veterans Independence Program.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:09 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
April 21, 2005
Mr. Speaker:
I have the honour to inform you that the Honourable Marie Deschamps, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 21st day of April, 2005, at 3:33 p.m.
Yours sincerely,
Curtis Barlow
Deputy Secretary Policy, Program and Protocol
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, April 21, 2005
An Act to amend the Financial Administration Act, the Canada School of Public Service Act and the Official Languages Act (Bill C-8, Chapter 15, 2005)
An Act to amend the Parliament of Canada Act and the Salaries Act and to make consequential amendments to other Acts (Bill C-30, Chapter 16, 2005)
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 when the Senate adjourns today, it do stand adjourned until Tuesday, May 3, 2005 at 2 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 of VIA Rail Canada Inc., together with the Auditors' 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. 1/38-485.
Report of the Laurentian 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. 1/38-486.
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 4:11 p.m. the Senate was continued until Tuesday, May 3, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Downe substituted for that of the Honourable Senator Mercer (April 20).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Peterson added to the membership (April 20).
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Peterson added to the membership (April 20).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Eggleton and Chaput substituted for those of the Honourable Senators Hervieux-Payette and Fitzpatrick (April 20).
The names of the Honourable Senators Kelleher, Meighen, and Tkachuk substituted for those of the Honourable Senators Oliver, Gustafson and St. Germain (April 21).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Merchant (April 20).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Andreychuk substituted for that of the Honourable Senator Comeau (April 20).