Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 61
Wednesday, May 13, 1998
1:30 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, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Ghitter, Gigantès, Grafstein, Graham, Grimard, Gustafson, Hays, Hébert, Jessiman, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Kinsella, Kirby, Kolber, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Mercier, Milne, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Phillips, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Murray, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its Sixth Report (Interim) entitled: "Guarding History". -Sessional Paper No. 1/36-585S.The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Phillips, 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 Bacon, Chair of the Standing Senate Committee on Transport and Communications, presented its Seventh Report (Bill C-9, An Act for making the system of Canadian ports competitive, efficient and commercially oriented, providing for the establishing of port authorities and the divesting of certain harbours and ports, for the commercialization of the St. Lawrence Seaway and ferry services and other matters related to maritime trade and transport and amending the Pilotage Act and amending and repealing other Acts as a consequence) without amendment but with observations and recommendations.
(The Report is printed as an Appendix)
The Honourable Senator Bacon moved, seconded by the Honourable Senator Forest, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:Reply to Question No. 89, dated March 18, 1998, appearing on the Order Paper in the name of the Honourable Senator Kenny, respecting the Alternative Fuels Act-Department of the Environment.-Sessional Paper No. 1/36-586S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Forest, for the 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,And on the motion in amendment of the Honourable Senator Spivak, 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 moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the motion in amendment 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. Second reading of Bill C-31, An Act respecting Canada Lands Surveyors.
The Honourable Senator Cook moved, seconded by the Honourable Senator Lewis, that the Bill be read the second time.
After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, 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 and 2 were called and postponed until the next sitting.Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting. Resuming debate on consideration of the Final Report of the Special Committee of the Senate on the Cape Breton Development Corporation, tabled in the Senate on December 15, 1997.After debate, The Honourable Senator Carstairs for the Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 4 was called and pursuant to Rule 27(3) was dropped from the Order Paper.
Other
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 Bacon, moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following division:
YEAS
The Honourable Senators
Adams, Austin, Bacon, Bryden, Butts, Callbeck, Carstairs, Chalifoux, Cook, Cools, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Gigantès, Grafstein, Graham, Hays, Hébert, Johnstone, Joyal, Kenny, Lewis, Losier-Cool, Maheu, Mercier, Milne, Moore, Pearson, Pépin, Perrault, Poulin, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Sparrow, Stewart, Taylor-38NAYS
The Honourable Senators
Andreychuk, Atkins, Balfour, Beaudoin, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Forrestall, Ghitter, Grimard, Gustafson, Jessiman, Johnson, Kelleher, Kinsella, Lavoie-Roux, LeBreton, Lynch-Staunton , Murray, Nolin, Phillips, Prud'homme, Roberge, Rossiter, Simard, Spivak, Stratton, Tkachuk-32ABSTENTIONS
The Honourable Senators
Nil
______________________________________
Ordered, That all remaining Orders be postponed until the next sitting.REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Transportation Safety Board for the year 1997, pursuant to the Canadian Transportation Accident Investigation and Safety Board Act, S.C. 1989, c. 3, sbs. 13(3).-Sessional Paper No. 1/36-584.ADJOURNMENT
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Fairbairn, P.C.: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 Senate Committee on Agriculture and ForestryThe name of the Honourable Senator Fitzpatrick substituted for that of the Honourable Senator Whelan (May 12).
Standing Committee on Privileges, Standing Rules and OrdersThe name of the Honourable Senator DeWare substituted for that of the Honourable Senator Robertson (May 12).