47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 86

Tuesday, October 27, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were: The Honourable Senators Adams, Andreychuk, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Butts, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Gauthier, Ghitter, Grafstein, Graham, Grimard, Gustafson, Hays, Johnson, Johnstone, Joyal, Kelly, Kenny, Keon, Kinsella, Kolber, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Maloney, Mercier, Milne, Molgat, Moore, Murray, Pearson, Pépin, Perrault, Phillips, Poulin (Charette), Poy, Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Stewart, Stollery, Watt, Whelan, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, *Angus, Atkins, *Austin, *Bacon, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Butts, *Callbeck, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Gauthier, Ghitter, *Gill, Grafstein, Graham, Grimard, Gustafson, Hays, *Hervieux-Payette, Johnson, Johnstone, Joyal, *Kelleher, Kelly, Kenny, Keon, Kinsella, *Kirby, Kolber, *Kroft, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, *Mahovlich, Maloney, *Meighen, Mercier, Milne, Molgat, Moore, Murray, *Nolin, *Oliver, Pearson, Pépin, Perrault, Phillips, Poulin (Charette), Poy, Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, *Spivak, Stewart, Stollery, *Stratton, *Taylor, *Tkachuk, Watt, Whelan, Wilson

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 Joyal, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October, 28, 1998, at 1:30 p.m.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Comeau tabled the following:

Report of the Canadian Group of the Inter-Parliamentary Union regarding its participation at the 100th Inter-Parliamentary Conference, held in Moscow, Russian Federation, from September 7 to 13, 1998.-Sessional Paper No. 1/36-878.

Report of the Canadian Group of the Inter-Parliamentary Union regarding its participation at the 19th Working Committee and General Assembly of the ASEAN Inter-Parliamentary Organization, held in Kuala Lumpur, Malaysia, from August 24 to 28, 1998.-Sessional Paper No. 1/36-879. The Honourable Senator Hays tabled the following:

Report of the Canadian delegation of the Canada-Japan Inter-Parliamentary Group concerning its third annual visit with Diet Members in Tokyo, Tohoku and Hokkaido, Japan, from May 22 to June 2, 1998.-Sessional Paper No. 1/36-880.

Report of the Canadian delegation of the Canada-Japan Inter-Parliamentary Group concerning its participation at the Ninth Annual Meeting between the Group and the Japan-Canada Parliamentarians Friendship League, held in Banff, Calgary, Edmonton and Fort McMurray, from August 21 to 28, 1998. -Sessional Paper No. 1/36-881.

Report of the Canadian delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Executive Committee Meeting of the Asia-Pacific Parliamentary Forum, held in Lima, Peru, from September 6 to 8, 1998. -Sessional Paper No. 1/36-882.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Fitzpatrick, seconded by the Honourable Senator Ruck, for the third reading of Bill C-29, An Act to establish the Parks Canada Agency and to amend other Acts as a consequence.

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

1. in the preamble, on page 2, by replacing line 29 with the following:

"(l.1) to effect the conservation of ecosystems and natural areas that extend beyond national park boundaries by working in co-operation with adjacent landowners, and being involved in research, environmental assessment and planning processes within the region, and".

2. on page 8, by adding after line 8, the following:

"12.1 (1) The Minister shall appoint a Consultative Committee consisting of 12 persons with expertise in park management and conservation biology and interested in matters for which the Agency is responsible to hold office for a term of no more than five years.

(2) The Consultative Committee shall, at least once in each quarter of the calendar year, meet with the senior management officials of the Agency for the purpose of discussing any issues of national interest related to the management of national parks, national historic sites, and other protected heritage areas and heritage protection programs.

(3) No member of the Consultative Committee may receive pecuniary gain or remuneration for service in connection with the Agency but members may be paid for any reasonable out-of-pocket expenses incurred by them for services rendered to the Agency.".

3. in Clause 32, on page 15:

(a) by adding the following after line 15:

"(1.1) The Agency shall, before any management plan referred to in subsection (1) is provided to the Minister under that subsection, hold a public hearing to hear all persons having an interest in and wishing to be heard in connection with the management plan.";

(b) by replacing line 18 with the following:

"protected heritage area every two years and"; and

(c) by adding the following after line 21:

"(3) A public hearing to hear all persons having an interest in and wishing to be heard in connection with any amendments made to the management plan shall be held before any amendments are tabled in either House of Parliament.

(4) The Agency has, in relation to any public hearing under this section, the powers of a Commissioner under Part I of the Inquiries Act.

(5) A public hearing under this section may be held at such place in Canada or at such places in Canada by adjournment from place to place as the Agency may designate.

(6) The Agency shall give notice of any public hearing under this section in the Canada Gazette and in one or more newspapers in general circulation throughout Canada, and in particular in those areas of Canada where, in the opinion of the Agency, there are persons likely to be interested in the matters to be considered at the hearing.".

After debate, The Honourable Senator Bolduc moved, seconded by the Honourable Senator Beaudoin, that further debate on the motion in amendment be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 2 and 3 were called and postponed until the next sitting.

Reports of Committees

Consideration of the Fourteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-37, An Act to amend the Judges Act and to make consequential amendments to other Acts, with amendments) presented in the Senate on October 22, 1998.

The Honourable Senator Milne moved, seconded by the Honourable Senator Butts, that the Report be adopted.

A Point of Order was raised as to the acceptability of certain amendments contained in the Report.

After debate, With leave of the Senate, further debate on the Point of Order was suspended until the next sitting.

OTHER BUSINESS

Senate Public Bills

Order No. 1 was called and postponed until the next sitting.

Private Bills

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

Reports of Committees

Orders No. 1 to 5 were called and postponed until the next sitting.

Other

Order No. 42 (inquiry) was called and postponed until the next sitting.

With leave of the Senate, The Honourable Senator Kinsella resumed the debate on the motion of the Honourable Senator Carney, P.C., seconded by the Honourable Senator Bolduc:

That the Senate supports the granting of funding for legal counsel to complainants at the APEC hearing in Vancouver before the RCMP Public Complaints Commission.

After debate, Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Graham, P.C. Orders No. 23, 41 (inquiries), 87, 45, 1 (motions), 39, 35 15, 34 and 37 (inquiries) were called and postponed until the next sitting.

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

Report of the Social Sciences and Humanities Research Council of Canada for the fiscal year ended March 31, 1998, pursuant to the Social Sciences and Humanities Research Council Act, R.S.C. 1985, c. S-12, sbs. 20(2).-Sessional Paper No. 1/36-872.

Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 1998, pursuant to the Canadian Food Inspection Agency Act, S.C. 1997, c. 6, s. 23.-Sessional Paper No. 1/36-873.

Reports of the Department of Foreign Affairs and International Trade Reports of the Department of Foreign Affairs and International Trade 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. 1/36-874.

Copy of Order in Council P.C. 1998-1805, dated October 8, 1998, concerning the Agreement on Social Security between the Government of Canada and the Government of the Kingdom of Morocco, signed on July 1, 1998, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).-Sessional Paper No. 1/36-875.

Copy of Order in Council P.C. 1998-1806, dated October 8, 1998, concerning the Agreement on Social Security between the Government of Canada and the Government of the Republic of Slovenia, signed on May 17, 1998, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).-Sessional Paper No. 1/36-876.

Copy of Order in Council P.C. 1998-1807, dated October 8, 1998, concerning the Agreement on Social Security between the Government of Canada and the Government of the Republic of Turkey, signed on June 19, 1998, pursuant to the Old Age Security Act, R.S.C. 1985, c. O-9, sbs. 42(1).-Sessional Paper No. 1/36-877.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool:

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 Forestry

The names of the Honourable Senators Gill and Mahovlich substituted for those of the Honourable Senators Robichaud (Saint-Louis-de-Kent) and Whelan (October 23).

Special Joint Committee on Child Custody and Access

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Maloney (October 26).

Standing Senate Committee on Energy, the Environment and Natural Resources

The names of the Honourable Senators Ferretti Barth and Losier-Cool substituted for those of the Honourable Senators Kroft and Taylor (October 26).

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