47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

---

Issue 89

Tuesday, November 3, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

---

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Bacon, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Carney, Carstairs, Chalifoux, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Eyton, Fairbairn, Ferretti Barth, Forrestall, Fraser, Gauthier, Ghitter, Grafstein, Graham, Grimard, Gustafson, Hays, Johnstone, Joyal, Kelly, Kinsella, Lavoie-Roux, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Maloney, Mercier, Milne, Molgat, Moore, Murray, Nolin, Pearson, Pépin, Phillips, Pitfield, Poulin (Charette), Prud'homme, Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stollery, Watt, Whelan

The Members in attendance to business were:

The Honourable Senators

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

PRAYERS Ordered, That the speeches of the Honourable Senator Molgat, Speaker of the Senate, the Honourable Fred Mifflin, P.C., M.P., Minister of Veterans Affairs, and the Honourable Barney Danson, P.C., delivered earlier today at the Rededication Ceremony for the War Paintings displayed in the Senate Chamber, be printed as an Appendix to the Debates of the Senate of this day.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Carstairs tabled the following:

Supplementary Estimates (B), 1998-99.-Sessional Paper No. 1/36- 901.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Chalifoux:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, November 4, 1998, at 1:30 p.m.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-37, An Act to amend the Judges Act and to make consequential amendments to other Acts, as amended.

The Honourable Senator Moore moved, seconded by the Honourable Senator Milne, that the Bill as amended be read the third time.

After debate, In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Robertson, that the Bill be not now read the third time but that it be amended in clause 6, on page 4, by adding the following after line 14:

"(8) Nothing in this Act abrogates or derogates from any of the privileges, immunities and powers referred to in section 4 of the Parliament of Canada Act or section 18 of the Constitution Act, 1867 or from the authority of the Parliament of Canada to fix the salaries, allowances and pensions of judges under section 100 of the Constitution Act, 1867."

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 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, 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. Order No. 3 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

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

Private Bills

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

Reports of Committees

Orders No. 1 to 6 were called and postponed until the next sitting.

Other

Orders No. 1 (other), 88 (motion), 42, 23, 41 (inquiries), 45, 1 (motions), 39, 35, 15, 34 and 37 (inquiries) were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella:

That the Senate reaffirm its unanimous support of the following motion passed without dissent on June 18, 1998:

"That the Senate endorses and supports recommendation 1 of the Commission of Inquiry on the Blood System in Canada which calls upon provinces and territories to respond to the needs of those who suffered due to the management of the blood supply system;

That the Senate recognizes the leadership role played by the Government of Canada in formulating a Federal-Provincial compensation package for those infected with Hepatitis-C through the blood supply system between 1986 and 1990;

That, in view of the fact that Federal and Provincial Governments have agreed to revisit the original agreement to seek a greater consensus concerning our response to this national tragedy, the Senate urges the Government of Canada and the Governments of the Provinces and Territories to take positive action to address the needs of those who suffer ill-effects from Hepatitis-C contracted through the blood system; and

That a copy of this motion be forwarded to each federal, provincial and territorial Minister of Health."

A Point of Order was raised as to the acceptability of the motion.

After debate, The Speaker reserved his decision.

______________________________________

A Point of Order was raised questioning a proposal made by the Speaker to further amend the motion in amendment of the Honourable Senator Cools to the third reading motion on Bill C-37, An Act to amend the Judges Act and to make consequential amendments to other Acts, as amended.

The Speaker reserved his decision.

MOTIONS

The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth:

That it be an instruction of this House to the Standing Senate Committee of Selection that no later than Tuesday, November 17, 1998, the Committee convene in order to elect a new Chairman, and that the Clerk of the Senate be empowered to call such a meeting.

With leave of the Senate and pursuant to Rule 30, the motion was withdrawn.

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

Document entitled "Managing for Results 1998".-Sessional Paper No. 1/36-891.

Performance Reports for the period ended March 31, 1998:

Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Atomic Energy Control Board
Canada Information Office
Canada Labour Relations Board
Canadian Artists and Producers Professional Relations
Tribunal
Canadian Centre for Management Development
Canada Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal Panel
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Radio-television and Telecommunications
Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Civil Aviation Tribunal of Canada
Competition Tribunal
Copyright Board Canada
Correctional Service Canada
Department of Finance Canada
Department of Foreign Affairs and International Trade
Department of Justice Canada
Economic Development Agency of Canada for the
Regions ofQuebec
Environment Canada
Fisheries and Oceans
Hazardous Materials Information Review
Commission Canada
Health Canada
Human Resources Development Canada
Immigration and Refugee Board
Indian and Northern Affairs
Canada
Industry Canada
Law Commission of Canada
Medical Research Council of Canada
NAFTA Secretariat, Canadian Section
National Archives of Canada
National Battlefields Commission
National Defence
National Energy Board
National Film Board
National Library of Canada
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council
of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Official Languages
Office of the Correctional Investigator
Offices of the Information and Privacy Commissioners
Office of the Superintendent of Financial Institutions Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Service Commission of Canada
Public Service Staff Relations Board
Public Works and Government Services Canada
R.C.M.P. External Review Committee
R.C.M.P. Public Complaints Commission
Registry of the Federal Court of Canada
Revenue Canada
Royal Canadian Mounted Police
Security Intelligence
Review Committee
Social Sciences and Humanities Research Council of Canada
Solicitor General Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
Tax Court of Canada
Transport Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada.
-Sessional Paper No. 1/36-892.

Report of the Administrator of the Ship-source Oil Pollution Fund for the fiscal year ended March 31, 1998, pursuant to the Act to amend the Canada Shipping Act and to amend the Arctic Waters Pollution Prevention Act and the Oil and Gas Production and Conservation Act in consequence thereof, R.S.C. 1985, c. 6 (3rd Supp.), s. 84.-Sessional Paper No. 1/36-893.

Copy of Order in Council P.C. 1998-1345, dated July 28, 1998, amending the United Nations Federal Republic of Yugoslavia (Serbia and Montenegro) Regulations, pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1). -Sessional Paper No. 1/36-894.

Copy of Order in Council P.C. 1998-1346, dated July 28, 1998, making the United Nations Sierra Leone Regulations, pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).-Sessional Paper No. 1/36-895.

Copy of Order in Council P.C. 1998-1347, dated July 28, 1998, amending the United Nations Angola Regulations, pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).-Sessional Paper No. 1/36-896.

Reports of the Economic Development Agency of Canada for the regions of Quebec 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. 1/36-897.

Report of the St. Lawrence Seaway Authority on the administration of the Alternative Fuels Act for the fiscal year ended March 31, 1998, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.-Sessional Paper No. 1/36-898.

Report of the Canadian Centre for Occupational Health and Safety, together with the Auditor General's report, for the fiscal year ended March 31, 1998, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2).-Sessional Paper No. 1/36-899.

Reports of the Treasury Board of Canada Secretariat 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. 1/36-900.

ADJOURNMENT

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

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 Forestry

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Whelan (October 29).

The name of the Honourable Senator Whelan substituted for that of the Honourable Senator Losier-Cool (November 2).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Joyal, Poy and Kenny substituted for those of the Honourable Senators Kenny, Kolber and Joyal (November 2).

The name of the Honourable Senator Kolber substituted for that of the Honourable Senator Poy (November 3).

Standing Senate Committee on Energy, the Environment and Natural Resources

The names of the Honourable Senators Milne and Stollery substituted for those of the Honourable Senators Fitzpatrick and Kenny (November 2).

The names of the Honourable Senators Fairbairn and Stewart substituted for those of the Honourable Senators Kroft and Taylor (November 3).

Standing Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Simard substituted for that of the Honourable Senator Kelly (November 3).

---