Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 16
Wednesday, November 5, 1997
1:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Beaudoin, Bolduc, Bonnell, Bosa, Bryden, Buchanan, Butts, Callbeck, Carney, Carstairs, Cochrane, Cogger, Cohen, Comeau, Cools, Corbin, DeWare, Doody, Doyle, Fairbairn, Ferretti Barth, Forest, Forrestall, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hébert, Hervieux-Payette, Jessiman, Johnson, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, MacDonald, Maheu, Marchand, Meighen, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Petten, Phillips, Pitfield, Poulin, Rivest, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rossiter, St. Germain, Simard, Spivak, Stanbury, Stewart, Stollery, Stratton, Whelan
PRAYERS
Tribute was paid to the memory of the Honourable Senator Twinn, whose death occurred October 30, 1997.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kirby, Chairman of the Standing Senate Committee on Banking, Trade and Commerce, presented its Third Report (Bill S-3, An Act to amend the Pension Benefits Standards Act, 1985 and the Office of the Superintendent of Financial Institutions Act), with certain amendments.The Report was then read by one of the Clerks at the Table, as follows:
WEDNESDAY, November 5, 1997
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
THIRD REPORT
Your Committee, to which was referred the Bill S-3, An Act to amend the Pension Benefits Standards Act, 1985 and the Office of the Superintendent of Financial Institutions Act, has examined the said Bill in obedience to its Order of Reference dated Tuesday, October 21, 1997, and now reports the same with the following amendments:THAT Bill S-3, in clause 9, be amended by
(a) replacing lines 22 to 24, on page 8, with the following:
"(a) the employer establishes that
(i) it is entitled to the surplus, or part of it, under the pension plan, or
(ii) it has a claim to the surplus, or part of it, under this section;";
(b) adding, after line 28, on page 8, the following:
"(2) In deciding whether to consent to a refund, the Superintendent shall recognize the claim of the employer to the surplus, or part of it, established under this section.";
(c) replacing line 29, on page 8, with the following:
"(3) An employer has a claim to the surplus, or";
(d) replacing line 39, on page 8, with the following:
"(4) Subject to subsection (5), if more than one half but fewer than two";
(e) adding after line 2, on page 9, the following:
"(5) The employer's claim to the surplus, or part of it, shall be submitted to arbitration within eighteen months after the termination of the pension plan, or any further period specified by the Superintendent, if
(a) the employer has not established a claim to the surplus;
(b) the plan is terminated; and
(c) the employer is winding up or is in the process of being liquidated.
The employer shall notify the Superintendent and the persons in the categories referred to in subsection (3) that the claim will be submitted to arbitration.
(6) If a proposal or claim is submitted to arbitration, the employer and all interested persons are deemed to have agreed to have the employer's claim determined by the arbitration.";
(f) adding after line 26, on page 9, the following:
"(15) In respect of a claim submitted to arbitration under subsection (5), the arbitrator may impose a scheme of division of the surplus, or of part of it, between the parties to the arbitration."; and
(g) renumbering sub-clauses (2) to (11) accordingly and any cross-references thereto.
Respectfully submitted,
MICHAEL KIRBY
Chairman
The Honourable Senator Kirby moved, seconded by the Honourable Senator Stewart, 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 Gigantès presented the following:WEDNESDAY, November 5, 1997
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your Committee recommends that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament; and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the government of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.Your Committee recommends that its quorum be fixed at seven (7) members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the Joint Chairmen be authorized to hold meetings to receive evidence and authorize the printing thereof so long as four (4) members are present, provided that both Houses are represented; and, that the Committee have the power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.
Your Committee further recommends to the Senate that it be empowered to sit during sittings of the Senate.
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled in the House of Commons.
Respectfully submitted,
PHILIPPE DEANE GIGANTÈS
Joint Chair
The Honourable Senator Gigantès moved, seconded by the Honourable Senator Hébert, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Kenny presented Bill S-6, An Act to establish a National Historic Park to commemorate the "Persons Case".The Bill was read the first time.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Andreychuk, that the Bill be placed on the Orders of the Day for a second reading on Tuesday, November 25, 1997.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Bosa tabled the following:Report of the Canadian Group of the Inter-Parliamentary Union regarding its participation at the International Conference on Governance for Sustainable Growth and Equity, held at the United Nations Headquarters, New York, from July 28 to 30, 1997.-Sessional Paper No. 1/36-234.
The Honourable Senator Kelly tabled the following:Report of the Canadian Delegation of the Canada-Europe Parliamentary Association on its participation at the Sixth Annual Meeting of the Parliamentary Assembly of the Organization on Security and Cooperation in Europe (OSCE), held in Warsaw, Poland, from July 5 to 9, 1997. -Sessional Paper No. 1/36-235.
Notices of Motions
With leave of the Senate, The Honourable Senator Bonnell moved, seconded by the Honourable Senator Andreychuk:That the Special Senate Committee on Post-Secondary Education have the power to engage the services of such counsel and technical, clerical and other personnel as may be necessary for the purpose of its examination and consideration of the inquiry on the serious state of post-secondary education in Canada.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-13, An Act to amend the Parliament of Canada Act.The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), 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 Carstairs moved, seconded by the Honourable Senator Stanbury, 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.
Motions
Order No. 1 was called and postponed until the next sitting. The Honourable Senator Petten moved, seconded by the Honourable Senator Forest:That the Senate do unite with the House of Commons in the appointment of a Special Joint Committee of the Senate and the House of Commons to consider matters related to the proposed resolution respecting a proposed Amendment to Term 17 of the Terms of Union of Newfoundland with Canada concerning the Newfoundland school system;
That seven Members of the Senate and sixteen Members of the House of Commons be members of the Committee;
That the Committee be directed to consult broadly and review such information as it deems appropriate with respect to this issue;
That the Committee have the power to sit during sittings and adjournments of the Senate;
That the Committee have the power to report from time to time, to send for persons, papers, and records, and to print such papers and evidence as may be ordered by the Committee;
That the Committee have the power to hear witnesses via video conferencing;
That the Committee have the power to retain the services of expert, professional technical and clerical staff;
That the quorum of the Committee be twelve members, whenever a vote, resolution or other decision is taken, so long as both Houses are represented, and that the Joint Chairpersons be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six members are present, so long as both Houses are represented;
That the Committee have the power to appoint, from among its members, such sub-committees as may be deemed advisable, and to delegate to such sub-committees all or any of its powers except the power to report to the Senate and the House of Commons;
That the Committee have the power to authorize television and radio broadcasting of any or all of its proceedings;
That the Committee present its final report no later than December 5, 1997;
That, notwithstanding usual practices, if the House or the Senate are not sitting when the final report of the Committee is completed, the report may be deposited with the Clerk of the House which is not sitting, and or the Clerks of both Houses if neither House is then sitting, and the report shall thereupon be deemed to have been presented in that House, or both Houses, as the case may be; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The question being put on the motion, it was adopted. Order No. 3 was called and postponed until the next sitting.OTHER BUSINESS
Reports of Committees
Consideration of the Third Report of the Standing Committee on Internal Economy, Budgets and Administration (witnesses expenses), presented in the Senate on October 30, 1997.The Honourable Senator Nolin moved, seconded by the Honourable Senator Jessiman, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted. Consideration of the Second Report of the Standing Committee on Internal Economy, Budgets and Administration (supplementary estimate), presented in the Senate on October 30, 1997The Honourable Senator Nolin moved, seconded by the Honourable Senator Oliver, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.With leave,
The Senate reverted to Government Notices of Motions.With leave of the Senate,
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pearson:That the members to act on behalf of the Senate on the Special Joint Committee to study the proposed Newfoundland Constitutional amendment be the Honourable Senators Doody, Fairbairn, Gigantès, Kinsella, Murray, Pearson and Rompkey; and
That a Message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Reports of Committees
Order No. 3 was called and postponed until the next sitting.Other
Orders No. 1 (motion), 5 (inquiry) and 3 (motion) were called and postponed until the next sitting.MOTIONS
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Phillips:That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to monitor the implementation and application of Chapter 1, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act, the Garnishment, Attachment and Pension Diversion Act and the Canada Shipping Act, and the associated Federal Child Support Guidelines.
The question being put on the motion, it was adopted.
The Honourable Senator Bonnell moved, seconded by the Honourable Senator Ferretti Barth:That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the state of health care in Canada concerning veterans of war and Canadian Service persons; that the study concern itself with the availability, quality and standards of health care available to those veterans and Service persons;
That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any of its proceedings; and
That the Committee submit its report no later than June 30, 1998.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Compilation of 1996 Supplementary Reports of the Nunavut Implementation Commission, pursuant to the Nunavut Act, S.C. 1993, c. 28, s. 67.-Sessional Paper No. 1/36-218.Report of the Nunavut Implementation Commission for the fiscal year ended March 31, 1997, pursuant to the Nunavut Act, S.C. 1993, c. 28, s. 67.-Sessional Paper No. 1/36-219.
Report of the Nunavut Implementation Commission entitled "Footprints 2: A Second Comprehensive Report of the Nunavut Implementation Commission", pursuant to the Nunavut Act, S.C. 1993, c. 28, s. 67.-Sessional Paper No. 1/36-220.
Report of the State of Canada's Forests for the fiscal year ended March 31, 1997, pursuant to the Department of Natural Resources Act, S.C. 1994, c. 41, sbs. 7(2).-Sessional Report No. 1/36-221.
Agreement made on March 21, 1997, between Canada, Saskatchewan, and the Shoal Lake Cree Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 1/36-222.
Agreement made on April 1, 1997, between Canada, Nova Scotia, and the Wagmatcook First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 1/36-223.
Agreement made on April 1, 1997, between Canada, Nova Scotia, and the Pictou Landing First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5). Sessional Paper No. 224.
Agreement made on September 5, 1997, between Canada, New Brunswick, and the Indian Island First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 225.
Agreement made on September 5, 1997, between Canada, New Brunswick, and the Buctouche First Nation for the Royal Canadian Mounted Police First Nations Community Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 1/36-226.
Agreement made on April 14, 1997, between Canada, Prince Edward Island, and the Lennox Island First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5). Sessional Paper No. 1/36-227.
Agreement made on January 13, 1997, between Canada, Saskatchewan, and the Onion Lake First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 1/36-228.
Agreement made on March 21, 1997, between Canada, Saskatchewan, and the Peter Ballantyne Cree Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10 sbs. 20(5).-Sessional Paper No. 1/36-229.
Agreement made on January 13, 1997, between Canada, Saskatchewan, and the Red Earth First Nation for the Royal Canadian Mounted Police First Nations Community Policing Service, pursuant to the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, sbs. 20(5).-Sessional Paper No. 1/36-230.
Report of the Director of Investigation and Research, Competition Act, for the fiscal year ended March 31, 1996, pursuant to the Competition Act, R.S.C. 1985 (2nd Supp.), c.19, s. 125.-Sessional Paper No.1/36-231.
Reports of the Department of Human Resources Development required by the Access to Information Act and the Privacy Act for the period ended March 31, 1997, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act R.S.C. 1985, c. P-21, s. 72(2).-Sessional Paper No. 1/36-232.
Report of the Canadian Artists and Producers Professional Relations Tribunal for the fiscal year ended March 31, 1997, pursuant to the Status of the Artist Act, S.C. 1992, c. 33, s. 61.-Sessional Paper No. 1/36-233.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Poulin:That the Senate do now adjourn.
The question being put on the motion, it was adopted.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Special Joint Committee to Amend Section 93 of the Constitution Act 1867 concerning the Quebec School SystemThe name of the Honourable Senator Maheu substituted for that of the Honourable Senator Robichaud, P.C. (Saint-Louis de Kent) (November 3).