Journals of the Senate
47 Elizabeth II, A.D. 1998, Canada
Journals of the Senate
Issue 73
Monday, June 15, 1998
7:30 p.m.
The Honourable Gildas L. Molgat, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Comeau, Cools, Corbin, DeWare, Di Nino, Doody, Ferretti Barth, Fitzpatrick, Forest, Forrestall, Gigantès, Grafstein, Graham, Grimard, Hays, Hébert, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Perrault, Phillips, Poulin, Prud'homme, Rivest, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Spivak, Stewart, Stratton, Taylor, Tkachuk, Watt, Wilson
PRAYERS
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received Certificates from the Registrar General of Canada showing that:-The Very Reverend Dr. Lois M. Wilson,
Francis William Mahovlich,
Calvin Woodrow Ruck,
Richard H. Kroft, and
Marian Maloney
respectively, had been summoned to the Senate. The Honourable the Speaker informed the Senate that there were Senators without, waiting to be introduced. The Honourable Senator Wilson was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Pearson, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Frank Iacobucci(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
LOIS M. WILSON
An Officer of Our Order of Canada,
of Toronto, in the Province of Ontario,
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be Hereunto affixed.
WITNESS:
The Honourable Frank Iacobucci, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.At Ottawa, this eleventh day of June in the year of Our Lord one thousand nine hundred and ninety eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada The Honourable Senator Wilson came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.The Honourable Senator Mahovlich was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Bryden, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Frank Iacobucci(G. S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
FRANCIS WILLIAM MAHOVLICH
An Officer of Our Order of Canada,
of Toronto, in the Province of Ontario,
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be Hereunto affixed.
WITNESS:
The Honourable Frank Iacobucci, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.At Ottawa, this eleventh day of June in the year of Our Lord one thousand nine hundred and ninety eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of CanadaThe Honourable Senator Mahovlich came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate. The Honourable Senator Ruck was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Butts, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-
CANADA
Frank Iacobucci(G. S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
CALVIN WOODROW RUCK
An Officer of Our Order of Canada,
of Dartmouth, in the Province of Nova Scotia,
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be Hereunto affixed.
WITNESS:
The Honourable Frank Iacobucci, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.At Ottawa, this eleventh day of June in the year of Our Lord one thousand nine hundred and ninety eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada The Honourable Senator Ruck came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate. The Honourable Senator Kroft was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Carstairs, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-CANADA
Frank Iacobucci(G. S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
RICHARD H. KROFT
A Member of Our Order of Canada,
of Winnipeg, in the Province of Manitoba,
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be Hereunto affixed.
WITNESS:
The Honourable Frank Iacobucci, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.At Ottawa, this eleventh day of June in the year of Our Lord one thousand nine hundred and ninety eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of Canada The Honourable Senator Kroft came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate. The Honourable Senator Maloney was introduced between the Honourable Senator Graham, P.C., and the Honourable Senator Pépin, and having presented Her Majesty's Writ of Summons it was read by one of the Clerks at the Table as follows:-CANADA
Frank Iacobucci(G. S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
MARIAN MALONEY
of Etobicoke, in the Province of Ontario,
GREETING:KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.
AND WE do command you that all difficulties and excuses whatsoever laying aside, you be and appear, for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be Hereunto affixed.
WITNESS:
The Honourable Frank Iacobucci, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Roméo A. LeBlanc, a Member of Our Privy Council for Canada, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Governor General and Commander-in-Chief of Canada.At Ottawa, this eleventh day of June in the year of Our Lord one thousand nine hundred and ninety eight and in the forty-seventh year of Our Reign.
BY COMMAND,
JOHN MANLEY
Registrar General of CanadaThe Honourable Senator Maloney came to the Table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate. The Honourable the Speaker informed the Senate that the Senators introduced today had made and subscribed the Declaration of Property Qualification required of them by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.DAILY ROUTINE OF BUSINESS
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons to return Bill C-410, An Act to change the name of certain electoral districts,And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment. A Message was brought from the House of Commons to return 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 to acquaint the Senate that the Commons have passed this Bill with the following amendments to which they desire the concurrence of the Senate.
The amendments were then read by one of the Clerks at the Table, as follows:-
1. Page 9, clause 17: Strike out lines 5 and 6 and substitute the following:
"(i) the flight deck of an aircraft,"
2. Page 9, clause 17, Strike out lines 16 and 17 and substitute the following:
"ing personnel, on the flight deck of the aircraft, on".The Honourable Senator Carstairs moved, seconded by the Honourable Senator Wilson, that the amendments be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Stratton, Chair of the Standing Senate Committee on National Finance, presented its Fifth Report (Supplementary Estimates (A) 1998-99).(The Report is printed as an Appendix)
The Honourable Senator Carstairs, moved, seconded by the Honourable Senator Kroft, 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 Stratton, Chair of the Standing Senate Committee on National Finance, presented its Sixth Report (Bill C-36, An Act to implement certain provisions of the budget tabled in Parliament on February 24, 1998) without amendment.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Mahovlich, 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-38, An Act to amend the National Parks 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 Ruck, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 17, 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 Forest, seconded by the Honourable Senator Fitzpatrick, for the third reading of Bill C-6, An Act to provide for an integrated system of land and water management in the Mackenzie Valley, to establish certain boards for that purpose and to make consequential amendments to other Acts.After debate, In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator DeWare, that the Bill be not now read a third time, but that it be referred to a Committee of the Whole for further consideration.
After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Maloney, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted. Third 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.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Wilson, that the Bill be read the third time.
After debate, The Honourable Senator Simard moved, seconded by the Honourable Senator St. Germain, P.C., 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-45, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999.
The Honourable Senator Cools moved, seconded by the Honourable Senator Mahovlich, that the Bill be read the second time.
After debate, The Honourable Senator Stratton moved, seconded by the Honourable Senator Cohen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted. Order No. 4 was called and postponed until the next sitting. Second reading of Bill C-47, An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act.
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert, that the Bill be read the second time.
After debate, The Honourable Senator Berntson 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. Order No. 6 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Fitzpatrick, seconded by the Honourable Senator Moore, for the second reading of Bill C-29, An Act to establish the Parks Canada Agency and to amend other Acts as a consequence.
After debate, The question being put on the motion, it was adopted on division.
The Bill was then read the second time, on division.
The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Forest, that the Bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hébert:That, in accordance with Section 54 of the Access to Information Act, Chapter A-1, R.S.C. 1985, the Senate approve the appointment of the Honourable John M. Reid, P.C., as Information Commissioner.
After debate, The Honourable Senator Kinsella 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.
_________________________________
Ordered, That all remaining Orders be postponed until the next sitting.REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Freshwater Fish Marketing Corporation required by the Access to Information Act and the Privacy Act for the period ended March 31, 1998, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).-Sessional Paper No. 1/36-645.Report of the Canadian Wheat Board 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. 1/36-646.
Report on the Actuarial Examination of the Royal Canadian Mounted Police (Dependants) Pension Fund as at March 31, 1997, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3).-Sessional Paper No. 1/36-647.
Firearms Report to the Solicitor General of Canada by the Commissioner of the Royal Canadian Mounted Police for the year 1997, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 117.-Sessional Paper No. 1/36-648.
Copies of Orders in Council P.C. 1996-1540, P.C. 1996-1541, P.C. 1996-1043 and P.C. 1996-1044 concerning the traditional safety net programming for the apple industry in Nova Scotia and Quebec, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).-Sessional Paper No. 1/36-649.
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.
_________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional AffairsThe names of the Honourable Senators Joyal and Milne substituted for those of the Honourable Senators Fitzpatrick and Chalifoux (June 12).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Beaudoin substituted for that of the Honourable Senator DeWare (June 12).
The names of the Honourable Senators Ferretti Barth, Cook and DeWare substituted for those of the Honourable Senators Fitzpatrick, Chalifoux and Beaudoin (June 15).
Standing Senate Committee on National Finance
The names of the Honourable Senatos Rivest, Lavoie-Roux and Tkachuk substituted for that of the Honourable Senator Lavoie-Roux, Simard and Eyton (June 15).