Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 54
Tuesday, April 28, 1998
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Corbin, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Hays, Hébert, Johnson, Johnstone, Joyal, Keon, Kinsella, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pépin, Phillips, Pitfield, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, St. Germain, Simard, Spivak, Stanbury, Stewart, Stollery, Stratton, Taylor, Watt, Whelan, Wood,
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Government Notices of Motions
With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Chalifoux:That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, April 29, 1998, at 1:30 p.m.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-12, An Act to amend the Royal Canadian Mounted Police Superannuation Act, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Chalifoux, that the Bill be placed on the Orders of the Day for a second reading on Thursday next,April 30, 1998.
The question being put on the motion, it was adopted.
A Message was brought from the House of Commons with a Bill C-28, An Act to amend the Income Tax Act, the Income Tax Application Rules, the Bankruptcy and Insolvency Act, the Canada Pension Plan, the Children's Special Allowances Act, the Companies' Creditors Arrangement Act, the Cultural Property Export and Import Act, the Customs Act, the Customs Tariff, the Employment Insurance Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the Income Tax Conventions Interpretation Act, the Old Age Security Act, the Tax Court of Canada Act, the Tax Rebate Discounting Act, the Unemployment Insurance Act, the Western Grain Transition Payments Act and certain Acts related to the Income Tax Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Pépin, that the Bill be placed on the Orders of the Day for a second reading on Thursday next,April 30, 1998.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Di Nino presented petitions:Of Residents of the Province of Ontario concerning Bill S-10, An Act to amend the Excise Tax Act.
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With leave, The Senate reverted to Tabling of Reports from Inter-Parliamentary Delegations. The Honourable Senator Grafstein tabled the following:Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, which participated at the Session of the Council of Europe Parliamentary Assembly, held in Strasbourg, France, from January 26 to 30, 1998.-Sessional Paper No. 1/36-560.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No. 27, dated October 1, 1997, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of Labour.-Sessional Paper No. 1/36-561S.
Reply to Question No. 67, dated October 21, 1997, appearing on the Order Paper in the name of the Honourable Senator Phillips, respecting the economic and fiscal update given by the Minister of Finance in Vancouver.-Sessional PaperNo. 1/36-562S.
Reply to Question No. 93, dated March 18, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-National Gallery of Canada.-Sessional Paper No. 1/36-563S.
Reply to Question No. 99, dated March 19, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Museum of Nature.-Sessional Paper No. 1/36-564S.
Reply to Question No. 100, dated March 19, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-National Capital Commission.-Sessional Paper No. 1/36-565S.
Reply to Question No. 102, dated March 31, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Treasury Board.-Sessional Paper No. 1/36-566S.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill S-4, An Act to amend the Canada Shipping Act (maritime liability),And to acquaint the Senate that the Commons have passed this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-18, An Act to amend the Customs Act and the Criminal Code.The Honourable Senator Gigantès moved, seconded by the Honourable Senator Joyal, P.C., that the Bill be read the third time.
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 have passed this Bill, without amendment. Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-15, An Act respecting the declaration of royal assent by the Governor General in the Queen's name to bills passed by the Houses of Parliament.The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Balfour, that the Bill be read the second time.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Ferretti Barth, that further debate on the motion 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.
Reports of Committees
Orders No. 1 to 4 were called and postponed until thenext sitting.Other
Orders No. 63 (motion), 14, 27, 15 and 25 (inquiries) were called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the Journée internationale de la francophonie, on Friday, March 20, 1998.After debate, The Honourable Senator Corbin moved, seconded by the Honourable Senator Pépin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 45 (motion), 12, 19, 24, 18, 20 (inquiries),48, 54 (motions) and 16 (inquiry) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Berntson:
That a Special Committee of the Senate be appointed to examine and report on the manner in which the chain of command of the Canadian Forces both in-theatre and atNational Defence Headquarters, responded to the operational, disciplinary, decision-making and administrative problems encountered during the Somalia deployment to the extent that these matters have not been examined by the Commission of Inquiry into the Deployment of Canadian Forces to Somalia;
That the Committee in examining these issues may call witnesses from whom it believes it may obtain evidence relevant to these matters including but not limited to:
1. former Ministers of National Defence;
2. the then Deputy Minister of National Defence;
3. the then Acting Chief of Staff of the Minister ofNational Defence;
4. the then special advisor to the Minister of National Defence (M. Campbell);
5. the then special advisor to the Minister of National Defence (J. Dixon);
6. the persons occupying the position of Judge Advocate General during the relevant period;
7. the then Deputy Judge Advocate General (litigation); and
8. the then Chief of Defence Staff and Deputy Chief of Defence Staff.
That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;
That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;
That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;
That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;
That it be empowered to adjourn from place to place within and outside Canada;
That the Committee have the power to sit during sittings and adjournments of the Senate;
That the Committee submit its report not later than one year from the date of it being constituted, provided that if the Senate is not sitting, the report will be deemed submitted on the day such report is deposited with the Clerk of the Senate; and
That the Special Committee include in its report, its findings and recommendations regarding the structure, functioning and operational effectiveness of National Defence Headquarters, the relationship between the military and civilian components of NDHQ, and the relationship among the Deputy Minister of Defence, the Chief of Defence Staff and the Minister ofNational Defence,
And on the motion in amendment of the Honourable Senator Forrestall, seconded by the Honourable Senator Beaudoin, that the motion be amended by adding in paragraph 2 the following:
"9. the present Minister of National Defence.".After debate, The Honourable Senator Carstairs for the Honourable Senator Poulin moved, seconded by the Honourable Senator Hébert, that further debate on the motion in amendment 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 on the Administration of the Public Service Superannuation Act for the fiscal year ended March 31, 1997, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.-Sessional Paper No. 1/36-540.Report concerning permits issued by the Minister of Citizenship and Immigration for the year 1997, pursuant to the Immigration Act, R.S.C. 1985, c. I-2, sbs. 37(7).-Sessional Paper No. 1/36-541.
Report of the Royal Canadian Mint, together with the Auditor General's report, for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-542.
Report of the Clerk of the Privy Council and Secretary to Cabinet to the Prime Minister on the Public Service of Canada, pursuant to the Public Service Employment Act, R.S.C. 1985,c. P-33, s. 47(2).-Sessional Paper No. 1/36-543.
Report of VIA Rail Canada Inc., together with the Auditor General's report, for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs, 150(1). -Sessional Paper No. 1/36-544.
Report of the Atlantic Pilotage Authority, together with the Auditor General's report, for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-545.
Report of the Laurentian Pilotage Authority, together with the Auditor General's report, for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-546.
Report of the Great Lakes Pilotage Authority, together with the Auditor General's report, for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional. Paper No. 1/36-547.
Report of the Pacific Pilotage Authority, together with the Auditor General's report, for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). -Sessional Paper No. 1/36-548.
Report of the Canadian Wheat Board, together with the Auditor General's report, for the crop year ended July 31, 1997, pursuant to the Canadian Wheat Board Act, R.S.C. 1985,c. C-24, sbs. 9(2).-Sessional Paper No. 1/36-549.
Report of the Director of Investigation and Research on the proceedings under the Competition Act for the fiscal year ended March 31, 1997, pursuant to the Competition Act, R.S.C. 1985,c. 19 (2nd Supp.), s. 127.-Sessional Paper No. 1/36-550.
Statutes of the Yukon for the year 1997, pursuant to the Yukon Act, R.S.C. 1985, c. Y-2, sbs. 22(1).-Sessional PaperNo. 1/36-551.
Statutes of the Northwest Territories for the year 1997, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).-Sessional Paper No. 1/36-552.
Report of the Canada Pension Plan, together with the Auditor General's report, for the fiscal year ended March 31, 1997, pursuant to the Act to amend the Canada Pension Plan,R.S.C. 1985, c. C-8, s. 117.-Sessional Paper No. 1/36-553.
Report of the Canada Mortgage and Housing Corporation, together with the Auditor General's report, for the year ended December 31, 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional PaperNo. 1/36-554.
Report of the Canadian Egg Marketing Agency, together with the Auditors' report, for the year ended December 31, 1997, pursuant to the Farm Products Marketing Agencies Act,R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-555.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' report, for the year ended December 31, 1997, pursuant to the Farm Products Marketing Agencies Act,R.S.C. 1985, c. F-4, s. 30.-Sessional Paper No. 1/36-556.
Report of Marine Atlantic Inc. for the year 1997, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11,sbs. 150(1).-Sessional Paper No. 1/36-557.
Copy of the Bankruptcy and Insolvency Rules amendments, stated by the Order in Council 98-240, dated April 6, 1998, pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985,c. B-3, sbs. 209(2).-Sessional Paper No. 1/36-558.
Copy of the Regulations amending the Orderly Payment of Debts Regulations stated by the Order in Council 98-239, dated April 6, 1998, pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sbs. 209(2).-Sessional Paper No. 1/36-559.
ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert: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)
Standing Senate Committee on Agriculture and ForestryThe name of the Honourable Senator Rivest substituted for that of the Honourable Senator Andreychuk (March 27).
The name of the Honourable Senator St. Germain substituted for that of the Honourable Senator Rivest (March 31).
The name of the Honourable Senator Rivest substituted for that of the Honourable Senator St. Germain (April 15).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Kolber substituted for that of the Honourable Senator Moore (April 2).
Committee of Selection
The names of the Honourable Senators Lewis and Fairbairn substituted for those of the Honourable Senators Adams and Gigantès (April 2).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Corbin substituted for that of the Honourable Senator Gigantès (April 2).
The name of the Honourable Senator DeWare substituted for that of the Honourable Senator Rossiter (April 15).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Perrault (April 3).
The names of the Honourable Senators Perrault and Milne substituted for those of the Honourable Senators Johnstone and De Bané (April 27).
Standing Senate Committee on National Finance
The name of the Honourable Senator Ferretti Barth added to the membership (April 3).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Chalifoux substituted for that of the Honourable Senator Gigantès (April 3).
Standing Senate Committee on Foreign Affairs
The names of the Honourable Senators Poulin, Cook, Johnstone, Chalifoux and Ferretti Barth substituted for those of the Honourable Senators Losier-Cool, De Bané, Grafstein, Whelan and Stollery (April 21).
The names of the Honourable Senators Whelan and Milne substituted for those of the Honourable Senators Chalifoux and Poulin (April 22).
The names of the Honourable Senators Losier-Cool, De Bané, Grafstein and Stollery substituted for those of the Honourable Senators Milne, Cook, Johnstone and Ferretti Barth (April 24).
Standing Committee on Privileges, Standing Rules and Orders
The name of the Honourable Senator Atkins substituted for that of the Honourable Senator Grimard (April 21).
The names of the Honourable Senators Robertson and Grimard substituted for those of the Honourable Senators Simard and DeWare (April 23).
The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Sparrow (April 24).
Special Joint Committee on Child Custody and Access
The name of the Honourable Senator LeBreton substituted for that of the Honourable Senator Jessiman (April 22).
The name of the Honourable Senator Jessiman substituted for that of the Honourable Senator LeBreton (April 23).
The name of the Honourable Senator St. Germain substituted for that of the Honourable Senator Cohen (April 27).