Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 65
Thursday, May 28, 1998
2:00 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Balfour, Beaudoin, Berntson, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cochrane, Comeau, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gauthier, Gigantès, Grafstein, Grimard, Gustafson, Hébert, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Lavoie-Roux, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Maheu, Meighen, Milne, Molgat, Murray, Nolin, Oliver, Phillips, Pitfield, Poulin, Prud'homme, Rivest, Roberge, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Simard, Spivak, Stewart, Stollery, Stratton, Taylor, Wood
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stewart presented the following:THURSDAY, May 28, 1998
The Standing Senate Committee on Foreign Affairs has the honour to present its
SIXTH REPORT
Your Committee, to which was referred the 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, has examined the said Bill in obedience to its Order of Reference dated Tuesday, May 12, 1998, and now reports the same without amendment, but with observations.The Committee has two specific concerns. First, Committee members propose that, in advance of the Government of Canada presenting similar legislation in the future, the Department of Foreign Affairs and International Trade assure the Senate of Canada that it has conducted pre-screening of signatory countries' institutional capacity to implement successfully the provisions of the relevant agreements and conventions.
Second, a key component of the tax agreements and conventions included in Bill S-16 is an exchange of information between tax authorities in Canada and those in the other signatory countries. This transfer of data can be a useful tool with which countries can minimize or even prevent tax evasion. While recognizing the merits of such an information exchange, the Committee has some concern that the information in question may, in some instances, be improperly used in some countries. The Committee suggests that the Government of Canada, when seeking the enactment of similar bills, provide the Senate, through the Committee to which the bills are sent, with any information available to the Government about inappropriate use of tax information exchanged as a result of tax agreements and conventions entered into by Canada. Also, the Committee encourages the Government of Canada to attempt to ensure that an adequate level of privacy is accorded the tax information shared by Canada with the other signatory countries.
Respectfully submitted,
JOHN B. STEWART
Chairman
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bacon, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-36, An Act to implement certain provisions of the budget tabled in Parliament on February 24, 1998, 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 Rompkey, P.C., that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, June 2, 1998.
The question being put on the motion, it was adopted.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-410, An Act to change the name of certain electoral districts, 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 Joyal, P.C., that the Bill be placed on the
Orders of the Day for a second reading on Wednesday next, June 3, 1998.
The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-411, An Act to amend the Canada Elections 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 Hébert, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 3, 1998.
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 Bacon, seconded by the Honourable Senator Joyal, P.C., for the third reading of 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,And on the motion in amendment of the Honourable Senator Johnson, seconded by the Honourable Senator Spivak, that the Bill be not now read a third time but that it be read a third time on November 25, 1998, in order to give Ports in Canada the opportunity to put their cases regarding the disastrous effects of this Bill before the Government.
After debate, The question being put on the motion in amendment, it was negatived on division.
The question then being put on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Joyal, P.C., for the third reading of Bill C-9, it was adopted on division.
The Bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Resuming debate on the motion of the Honourable Senator Mercier, seconded by the Honourable Senator Milne, for the second reading of Bill C-15, An Act to amend the Canada Shipping Act and to make consequential amendments to other Acts.
After debate, The Honourable Senator Kinsella for the Honourable Senator Angus moved, seconded by the Honourable Senator DeWare, 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-19, An Act to amend the Canada Labour Code (Part I) and the Corporations and Labour Unions Returns Act and to make consequential amendments to other Acts.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Fitzpatrick, that the Bill be read the second time.
After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Joyal, P.C.:That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in Supplementary Estimates (A) for the fiscal year ending March 31, 1999.
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. Second reading of Bill S-17, An Act to amend the Criminal Code respecting criminal harassment and other related matters.The Honourable Senator Oliver moved, seconded by the Honourable Senator Gustafson, that the Bill be read the second time.
After debate, The Honourable Senator Callbeck moved, seconded by the Honourable Senator Stewart, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.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,
And on the motion in amendment of the Honourable Senator DeWare, seconded by the Honourable Senator Kinsella, that the motion be not now adopted, but that it be amended in paragraph two by removing and replacing the words "to comply with these findings and recommendations" with the following:
"to not exclude in determining compensation any person who has contracted Hepatitis C from blood components or blood products.".After debate, In amendment, the Honourable Senator Berntson moved, seconded by the Honourable Senator DeWare, that the motion be not now adopted, but that it be further amended in paragraph one by removing the words "the findings and recommendations" and replacing them with "Recommendation 1"; and adding after the words "in Canada", "and recognizes the role of the Government of Canada in contributing to its implementation".
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent), that further debate on the motion in amendment of the Honourable Senator Berntson be adjourned until the next sitting.
The question being put on the motion, it was adopted. Orders No. 27 (inquiry), 45 (motion), 23, 32 (inquiries), 1 (motion), 21, 14, 15 and 25 (inquiries) were called and postponed until the next sitting.
Orders No. 12, 19 and 24 (inquiries) were called and pursuant to Rule 27(3) were dropped from the Order Paper.
INQUIRIES
The Honourable Senator LeBreton called the attention of the Senate to the Report, entitled: Cancelling the Pearson Airport Agreements, by Stephen D. Lerner.After debate, The Honourable Senator Kinsella for the Honourable Senator Di Nino moved, seconded by the Honourable Senator DeWare, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Adams:That the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report on the damaging consequences of the recent decision of the Canada Mortgage and Housing Corporation (CMHC) to terminate all of its "Social Housing Programs", excepting Rural Residential Rehabilitation Assistance Program (RRAP);
That the Committee take into particular consideration the impact of this decision on the housing needs of all aboriginal peoples, including the Métis, who now face the prospect of losing any government assistance as the Federal Government seeks to negotiate new arrangements with the governments of the provinces and territories; and
That the Committee make its final report no later than Wednesday, November 18, 1998.
After debate, The question being put on the motion, it was adopted. The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Adams:
That the Senate urge the Government to reconsider its recent decision to terminate funding to Frontiers Foundation Inc., Operation Beaver, a thirty year old Aboriginal volunteer organization, which has successfully provided new housing and rehabilitated existing housing as well as constructed training centres, schools and other community buildings for Aboriginal communities throughout Canada.
After debate, The question being put on the motion, it was adopted.
The Honourable Senator Lavoie-Roux moved, seconded by the Honourable Senator Keon:
That the Senate urge the Government of Canada and the Department of Health in particular to take action to implement the following recommendations set out in the Final Report of the Royal Commission on New Reproductive Technologies, published in December 1993:
That the Federal Government establish a regulatory and licensing body, the National Reproductive Technologies Commission (NRTC), to oversee research, technologies and practices; and
That the National Reproductive Technologies Commis sion establish committees which would be responsible for regulating how services related to reproductive technol ogies are provided.
After debate, The Honourable Senator LeBreton moved, seconded by the Honourable Senator Gustafson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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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 Forest:That when the Senate adjourns today, it do stand adjourned until Tuesday next, June 2, 1998, at 2:00 p.m.
The question being put on the motion, it was adopted.
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.
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and TechnologyThe names of the Honourable Senators Phillips and Kenny substituted for those of the Honourable Senators Di Nino and Chalifoux (May 28).