47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

---

Issue 60

Tuesday, May 12, 1998
2:00 p.m.

The Honourable Eymard G. Corbin, Acting Speaker

---

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Balfour, Beaudoin, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Hays, Hébert, Hervieux-Payette, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Mercier, Milne, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rossiter, St. Germain, Simard, Sparrow, Spivak, Stewart, Stollery, Stratton, Taylor, Tkachuk

PRAYERS

The Acting Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The Communication was then read by the Acting Speaker as follows:

RIDEAU HALL

May 12, 1998

Mr. Speaker:

I have the honour to inform you that the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 12th day of May, 1998, at 4:00 p.m. for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Judith A. LaRocque

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

SENATORS' STATEMENTS

Some Honourable Senators made statements.

________________________________________

At 2:15 p.m. the sitting was suspended. At 2:24 p.m. the sitting resumed.

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 Joyal, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, May 13, 1998, at 1:30 p.m.

After debate, The question being put on the motion, it was adopted.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Oliver presented Bill S-17, An Act to amend the Criminal Code respecting criminal harassment and other related matters.

The Bill was read the first time.

The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, May 14, 1998.

The question being put on the motion, it was adopted.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill S-2, An Act to amend the Canadian Transportation Accident Investigation and Safety Board Act and to make a consequential amendment to another Act.

The Honourable Senator Poulin moved, seconded by the Honourable Senator Forest, that the Bill be read the third time.

After debate, In amendment, the Honourable Senator Spivak moved, seconded by the Honourable Senator Cochrane, that the Bill be not now read the third time but that it be amended:

1. In clause 1, on page 1:

(a) by adding the following after line 17:

"(2.1) The definition of "transportation occurrence" in section 2 of the Act is replaced by the following:

"transportation occurrence" means an aviation occurrence, a railway occurrence, a marine occurrence, a pipeline occurrence or a highway occurrence."; and

(b) by adding the following after line 19:

""highway occurrence" means

(a) any accident or incident associated with the operation of a truck, and (b) any situation or condition that the Board has reasonable grounds to believe could, if left unattended, induce an accident or incident described in paragraph (a);".

2. In clause 2, on page 2, by adding the following after line 14:

"2.1 Section 3 of the Act is amended by adding the fol lowing after subsection (4):

(4.1) This Act applies in respect of highway occurrences

(a) in Canada, if the occurrence relates to extraprovincial truck transport; and

(b) outside Canada, if Canada is requested to investigate the occurrence by an appropriate authority.".

3. In clause 3, on page 2, by adding the following after line 21:

"(1.1) Subsection 4(2) of the Act is replaced by the fol lowing:

(2) The Governor in Council shall appoint as members persons who, in the opinion of the Governor in Council, are collectively knowledgeable about air, marine, rail, pipeline and highway transportation.".

4. On page 3, by adding the following new Clause after line 10:

"4.1 The portion of subsection 6(1) of the Act after paragraph (b) is replaced by the following:

and in this subsection, "transportation" means air, marine, rail, pipeline or highway transportation.".

5. In clause 7, on page 3, by replacing lines 31 to 36 with the following:

"7.(1) Subsection 10(1) of the Act is replaced by the fol lowing:

10.(1) From among the employees appointed under subsection 9(1), there shall be (a) a Director of Investigations (Air), a Director of Investigations (Marine), a Director of Investigations (Rail and Pipelines) and a Director of Investigations (Highway); and (b) other investigators.

(2) Subsection 10(2) of the Act is replaced by the follow ing:

(2) Each of the four Directors mentioned in paragraph (1)(a) has exclusive authority to direct the conduct of investigations on behalf of the Board under this Act in relation to aviation occurrences, marine occurrences, railway and pipeline occurrences, and highway occurrences, respectively, but

(a) the Directors' authority under this subsection must be exercised in accordance with any policies established under paragraphs 8(1)(b) and (c); and

(b) the Directors shall report to the Board with respect to their investigations and shall conduct such further investigation as the Board requires under paragraph 8(1)(d).".

6. In clause 13:

(a) on page 5, by replacing line 32 with the following:

"(2) Paragraphs 19(9)(a) and (b) of the Act are"; and

(b) on page 6:

(i) by adding the following after line 4:

"(b) where the investigator believes on reasonable grounds that the medical examination of a person who is directly or indirectly involved in the operation of an aircraft, a ship, a rolling stock, a pipeline or a truck is, or may be, relevant to the investigation, by notice in writing signed by the investigator, require the person to submit to a medical examination;", and

(ii) by adding the following after line 18:

"(3.1) Paragraph 19(14)(a) of the Act is replaced by the following:

(a) to imply that a thing seized pursuant to subsection (1) may not be an aircraft, a ship, an item of rolling stock, a pipeline or a truck, or any part thereof; or".

After debate, The Honourable Senator Carstairs for the Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), that further debate on the motion in amendment be adjourned until the next sitting.

The question being put on the motion, it was adopted. Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Losier-Cool, for the second reading of Bill S-16, An Act to implement an agreement between Canada and the Socialist Republic of Vietnam, an agreement between Canada and the Republic of Croatia and a convention between Canada and the Republic of Chile, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

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 Bacon, that the Bill be referred to the Standing Senate Committee on Foreign Affairs.

The question being put on the motion, it was adopted. Orders No. 3 and 4 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Milne, for the second reading of 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.

Debate.

_________________________________________________

Pursuant to Rule 135(8) the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Right Honourable the Deputy of His Excellency the Governor General. After awhile, the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-

The Acting Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Right Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber." The House of Commons being come, One of the Clerks at the Table read the titles of the Bills to be assented to as follows:

An Act respecting an accord between the Governments of Canada and the Yukon Territory relating to the administration and control of and legislative jurisdiction in respect of oil and gas (Bill C-8, Chapter 5, 1998)

An Act to amend the Canada Shipping Act (maritime liability) (Bill S-4, Chapter 6, 1998)

An Act to amend the Customs Act and the Criminal Code (Bill C-18, Chapter 7, 1998)

An Act to amend the Telecommunications Act and the Teleglobe Canada Reorganization and Divestiture Act (Bill C-17, Chapter 8, 1998)

An Act to amend the Canada Evidence Act and the Criminal Code in respect of persons with disabilities, to amend the Canadian Human Rights Act in respect of persons with disabilities and other matters and to make consequential amendments to other Acts (Bill S-5, Chapter 9, 1998).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, the Right Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."

4:11 p.m. The Commons withdrew. After which the Right Honourable the Deputy of His Excellency the Governor General was pleased to retire.

Bills

The Senate Resumed debate on the motion of the Honourable Senator Carstairs, seconded by the Honourable Senator Milne, for the second reading of Bill C-28.

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 Cook, 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.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

Other

Order No. 1 (motion) was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator DeWare:

That the Senate endorses and supports the findings and recommendations of the Commission of Inquiry on the Blood System in Canada;

That the Senate for humanitarian reasons urges the Government of Canada and the Governments of the Provinces and of the Territories to comply with these findings and recommendations; and

That a copy of this motion be forwarded to each federal, provincial and territorial Minister of Health.

After debate, The Honourable Senator Grafstein for the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 21, 14, 27, 15, 25 (inquiries), 45 (motion), 12, 19, 24 and 18 (inquiries) were called and postponed until the next sitting. Order No. 54 (motion) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report on the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act for the fiscal year ended March 31, 1997, pursuant to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28, ss. 231 and 238.-Sessional Paper No. 1/36-579.

Reports of the Canadian International Trade Tribunal for the fiscal year ended March 3, 1998, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/36-580.

Report of the Sahtu Dene and Métis Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1997.-Sessional Paper No. 1/36-581.

Report of the Implementation Committee on the Gwich'in Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1997.-Sessional Paper No. 1/36-582.

Report of the Chief Electoral Officer for the fiscal year ended March 31, 1998, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/36-583.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

_________________________________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Committee on Privileges, Standing Rules and Orders

The name of the Honourable Senator Kenny removed from the membership (May 7).

The name of the Honourable Senator Kenny added to the membership (May 8).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Nolin and Johnstone substituted for those of the Honourable Senators Lavoie-Roux and Chalifoux (May 8).

The name of the Honourable Senator LeBreton substituted for that of the Honourable Senator Jessiman (May 12).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Adams substituted for that of the Honourable Senator Johnstone (May 8).

---