47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

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Issue 87

Wednesday, October 28, 1998
1:30 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, Fraser, Ghitter, Grafstein, Graham, Grimard, Gustafson, Hays, Johnson, Johnstone, Joyal, Keon, Kinsella, Kolber, Lavoie-Roux, LeBreton, Losier-Cool, Lucier, Lynch-Staunton, Maheu, Maloney, Mercier, Milne, Molgat, Moore, Murray, Pépin, 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, 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, Fraser, Ghitter, *Gill, Grafstein, Graham, Grimard, Gustafson, Hays, *Hervieux-Payette, Johnson, Johnstone, Joyal, *Kelleher, *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, 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

Presentation of Reports from Standing or Special Committees

The Honourable Senator Ghitter, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, tabled its Fifth Report entitled: "Report of the Committee's Fact-finding Mission to Washington, D.C., May 31 - June 4, 1998".-Sessional Paper No. 1/36-887S.

Notices of Motions

With leave of the Senate, The Honourable Senator Gustafson moved, seconded by the Honourable Senator Whelan, P.C.:

That the Standing Senate Committee on Agriculture and Forestry have power to continue sitting at 2:00 p.m.tomorrow, Thursday, October 29, 1998, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

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 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,

And on the motion in amendment of the Honourable Senator Ghitter, 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, In amendment, the Honourable Senator Bolduc moved, seconded by the Honourable Senator Beaudoin, that the Bill be not now read the third time but that it be amended, in clause 25, on page 13, by adding the following after line 40:

"(1.1) The Minister shall not fix a fee under section 23 or 24, or under any other Act under which the Agency provides services, facilities, products, rights or privileges, to be paid for admission to a national park.".

The question was put on the motion in amendment.

Pursuant to Rule 67(2), a recorded division was deferred until 5:30 p.m. tomorrow. Resuming debate on the motion of the Honourable Senator Corbin, seconded by the Honourable Senator Cook, for the second reading of Bill C-52, An Act to implement the Comprehensive Nuclear Test-Ban Treaty.

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

The Bill was then read the second time.

The Honourable Senator Corbin moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be referred to the Standing Senate Committee on Foreign Affairs.

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

Reports of Committees

Motion of the Honourable Senator Milne, seconded by the Honourable Senator Butts, for the adoption 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 Senate resumed debate on the Point of Order as to the acceptability of certain amendments contained in the Report.

After debate, The Speaker reserved his decision.

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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 Department of Western Economic Diversification 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. 1/36-883.

Report of the Canadian Commercial Corporation for the fiscal year ended March 31, 1998, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 1/36-884.

Reports of the Canadian Commercial 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. 1/36-885.

Summaries of the Corporate Plan for 1998-99 to 2002-03 and of the Operating and Capital Budgets for 1998-99 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 1/36-886.

ADJOURNMENT

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

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 Energy, the Environment and Natural Resources

The names of the Honourable Senators Kenny, Kroft and Taylor substituted for those of the Honourable Senators Chalifoux, Ferretti Barth and Losier-Cool (October 27).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Rompkey substituted for that of the Honourable Senator Grafstein (October 27).

The name of the Honourable Senator Andreychuk substituted for that of the Honourable Senator Eyton (October 28).

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