Journals of the Senate
46 Elizabeth II, A.D. 1997, Canada
Journals of the Senate
Issue 31
Friday, December 12, 1997
10:00 a.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Bonnell, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Cools, Corbin, De Bané, Doody, Doyle, Eyton, Fairbairn, Ferretti Barth, Forest, Forrestall, Gigantès, Grafstein, Graham, Grimard, Haidasz, Hays, Hébert, Hervieux-Payette, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, MacDonald, Maheu, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Petten, Phillips, Poulin, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, WoodPRAYERS
Ordered, That all notices for requests for an emergency debate and for questions of privilege be postponed to the next sitting of the Senate.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Fourth Report (Bill S-4, An Act to amend the Canada Shipping Act (maritime liability)), with certain amendments.The Report was then read by one of the Clerks at the Table, as follows:
FRIDAY, December 12, 1997
The Standing Senate Committee on Transport and Communications has the honour to present its
FOURTH REPORT
Your Committee, to which was referred Bill S-4, An Act to amend the Canada Shipping Act (maritime liability), has, in obedience to the Order of Reference of Wednesday, October 22, 1997, examined the said Bill and now reports the same with the following amendments:1.(a) Page 8, clause 4: replace lines 2 to 30 with the following:
"4. The definition "ship" in section 654 of the Act is replaced by the following:"
2.(a) Page 8, clause 5: replace line 37 with the following:
"Convention", "owner" and";
(b) Page 9, clause 5: delete lines 36 to 43; and
(c) Page 10, clause 5: delete lines 1 to 18.
3. Page 9, clause 5: in the English version, replace line 8 with the following:
"eral oil, or"
Respectfully submitted,
LISE BACON
Chair
The Honourable Senator Bacon moved, seconded by the Honourable Senator Maheu, 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
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Poulin, for the second reading of Bill S-9, An Act respecting depository bills and depository notes and to amend the Financial Administration Act.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 Callbeck, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill C-2, An Act to establish the Canada Pension Plan Investment Board and to amend the Canada Pension Plan and the Old Age Security Act and to make consequential amendments to other Acts.
After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Doyle, 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-5, An Act respecting cooperatives.
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Bacon, that the Bill be read the second time.
After debate, The Honourable Senator Kinsella for the Honourable Senator Eyton moved, seconded by the Honourable Senator Doyle, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave, The Senate reverted to Notices of Motions.
With leave of the Senate, The Honourable Senator Milne moved, seconded by the Honourable Senator Butts:
That the Standing Senate Committee on Legal and Constitutional Affairs have power to sit while the Senate is sitting on Monday, December 15 and Tuesday, December 16, 1997, 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
Orders No. 4 and 5 were called and postponed until the next sitting.Motions
Resuming debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Mercier:WHEREAS the Government of Quebec has indicated that it intends to establish French and English linguistic school boards in Quebec;
AND WHEREAS the National Assembly of Quebec has passed a resolution authorizing an amendment to the Constitution of Canada;
AND WHEREAS the National Assembly of Quebec has reaffirmed the established rights of the English-speaking community of Quebec, specifically the right, in accordance with the law of Quebec, of members of that community to have their children receive their instruction in English language educational facilities that are under the management and control of that community and are financed through public funds;
AND WHEREAS section 23 of the Canadian Charter of Rights and Freedoms guarantees to citizens throughout Canada rights to minority language instruction and minority language educational facilities under the management and control of linguistic minorities and provided out of public funds;
AND WHEREAS section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
NOW THEREFORE the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
CONSTITUTION ACT, 1867
1. The Constitution Act, 1867, is amended by adding, immediately after section 93, the following:"93A. Paragraphs (1) to (4) of section 93 do not apply to Quebec."
CITATION
2. This Amendment may be cited as the Constitution Amendment, (year of proclamation) (Quebec).After debate, The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate, The Honourable Senator Wood tabled the following:
Documents signed by citizens of Quebec concerning Section 93 of the Constitution Act 1867.-Sessional Paper No. 1/36-329S. Orders No. 2 and 3 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Fairbairn, P.C., seconded by the Honourable Senator Hébert, for the adoption of the Report of the Special Joint Committee on the Amendment to Term 17 of the Terms of Union of Newfoundland, deposited with the Clerk of the Senate on December 5, 1997.After debate, The Honourable Senator Kinsella moved, seconded by the Honourable Senator Doyle, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting. Consideration of the Seventh Report of the Standing Committee on Internal Economy, Budgets and Administration (the use of Senate resources by Senator Thompson), presented in the Senate on December 9, 1997.The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Whelan, P.C., that the Report be adopted.
After debate, The Honourable Senator Corbin moved, seconded by the Honourable Senator Forest, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division. Order No. 4 was called and postponed until the next sitting.
Other
Orders No. 8 (inquiry), 3 and 1 (motions) were called and postponed until the next sitting.MOTIONS
The Honourable Senator Kenny moved, seconded by the Honourable Senator Nolin:That Senator Andrew Thompson be ordered to attend the Senate in his place when the Senate resumes sitting in February 1998 following the Christmas adjournment;
That, should he fail to attend, the matter of his continuing absence be referred to the Standing Senate Committee on Privileges, Standing Rules and Orders for the purpose of determining whether his absence constitutes a contempt of the Senate;
That, if the Committee is obliged to undertake this study, it be authorized to examine and report upon any and all matters relating to attendance in the Senate and how it specifically applies in the case of Senator Thompson; and
That the Committee report its findings and any possible recommendations within two weeks from the day the matter is referred to the Committee.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert, that further debate on the motion be adjourned until the next sitting.
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 on Crown Corporations and Other Corporate Interests of Canada for the year ended 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F 11, s. 15(1). -Sessional Paper No. 1/36-308.Report on Employment Equity in the Federal Public Service for the fiscal year ended March 31, 1997, pursuant to the Employment equity Act, S.C. 1995, c. 44, sbs. 21(1).-Sessional Paper No. 1/36-309.
Report on Employment Equity of the Atomic Energy Control Board for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-310.
Report on Employment Equity of the Canadian Forces Personnel Support Agency for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-311.
Report on Employment Equity of the Canadian Security Intelligence Service for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).-Sessional Paper No. 1/36-312.
Report on Employment Equity of the Communications Security Establishments for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-313.
Report on Employment Equity of the National Energy Board for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21 (3).-Sessional Paper No. 1/36-314.
Report on Employment Equity of the National Film Board of Canada for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No.1/36-315.
Report on Employment Equity of the National Research Council Canada for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-316.
Report on Employment Equity of the National Sciences and Engineering Research Council of Canada for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-317.
Report on Employment Equity of the Office of the Auditor General of Canada for the fiscal year ended March 31, 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional; Paper No. 1/36-318.
Report on Employment Equity for the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 1997, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-319.
Report on Employment Equity of the Statistical Survey Operations for the fiscal year ended March 31, 1997, pursuant to the Employment Act, S.C. 1995, c. 44, sbs. 21(3).-Sessional Paper No. 1/36-320.
Report of the Administrator of the Ship-source Pollution Fund for the fiscal year ended March 31, 1997, pursuant to an Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in consequence thereof, R.S. 1985, c. 6 (3rd supp.), s. 84.-Sessional Paper No. 1/26-321.
Summaries of the Corporate Plan for the Budgets for 1997-1998 to 2001-2002 and the Operating and Capital Budgets for 1997-1998 of the Old Port of Montreal Corporation Inc., pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/36-322.
Summaries of the Corporate Plan 1997-2001 and the Operating and Capital Budgets for 1997 of Via Rail Canada Inc., pursuant to the Financial Administration Act, R.S. 1985, F-11, sbs. 125(4).-Sessional Paper No. 1/36-323.
Report of the Administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 1997, pursuant to the Members of Parliament Retiring Allowances Act, R.S. 1985, c. M-5, s. 41.-Sessional Paper No. 1/36-324.
Report on the Administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 1997, pursuant to the Supplementary Retirement Benefits Act, R.S. 1985, c. S-24, s. 12.-Sessional Paper No. 1/36-325.
Sustainable Development Strategy of the Royal Canadian Mounted Police, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24(1).-Sessional Paper No. 1/36-326.
Sustainable Development Strategy of the Department of Natural Resources, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24 (1).-Sessional Paper No. 1/36-327.
Sustainable Development Strategy of the Department of Finance, pursuant to an Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 24 (1).-Sessional Paper No. 1/36-328.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):That the Senate do now adjourn.
The question being put on the motion, it was adopted.