47 Elizabeth II, A.D. 1998, Canada

Journals of the Senate

---

Issue 92

Tuesday, November 17, 1998
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

---

The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Beaudoin, Berntson, Bolduc, Bryden, Butts, Callbeck, Carstairs, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lynch-Staunton, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Perrault, Phillips, Pitfield, Poy, Prud'homme, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rossiter, Ruck, St. Germain, Simard, Sparrow, Stewart, Stollery, Stratton, Taylor, Tkachuk, Watt, Whelan, Wilson

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Atkins, *Austin, *Bacon, Beaudoin, Berntson, Bolduc, Bryden, *Buchanan, Butts, Callbeck, *Carney, Carstairs, *Chalifoux, Cohen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Doody, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Johnson, Johnstone, Joyal, Kelly, Kenny, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lynch-Staunton, *Maheu, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, *Pépin, Perrault, Phillips, Pitfield, *Poulin (Charette), Poy, Prud'homme, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, 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 Pearson presented the following:

TUESDAY, November 17, 1998

The Special Joint Committee on Child Custody and Access has the honour to present its

FIRST REPORT

In accordance with its Order of Reference from the Senate of October 28, 1997, and from the House of Commons of November 18, 1997, your Committee has considered matters relating to custody and access arrangements after separation and divorce and has agreed to the following:

That the Special Joint Committee on Child Custody and Access be authorized to continue its deliberations beyond November 30, 1998, and that it present its final report no later than December 11, 1998.

A copy of the relevant Minutes of Proceedings is tabled in the House of Commons.

Respectfully submitted,

LANDON PEARSON

Joint Chair

The Honourable Senator Pearson moved, seconded by the Honourable Senator Bryden, that the Report be placed on the Orders of the Day for consideration on Thursday next, November 19, 1998.

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

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, November 18, 1998, at 1:30 p.m.

After debate, 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-208, An Act to amend the Access to Information 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 Ferretti Barth, that the Bill be placed on the Orders of the Day for a second reading on Thursday next, November 19, 1998.

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

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill C-37, An Act to amend the Judges Act and to make consequential amendments to other Acts,

And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.

Notices of Motions

With leave of the Senate, The Honourable Senator Gustafson moved, seconded by the Honourable Senator Hays:

That the Standing Senate Committee on Agriculture and Forestry have power to sit at 4:00 p.m. today, 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

Order No. 1 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Poy, for the second reading of Bill C-20, An Act to amend the Competition Act and to make consequential and related amendments to other Acts.

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

The Bill was then read the second time.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Ferretti Barth, that the Bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

OTHER BUSINESS

Senate Public Bills

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

Private Bills

Order No. 1 (Bill S-18) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

Reports of Committees

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

Other

Orders No. 15, 34 (inquiries), 84 (motion), 1 (other), 88 (motion), 42, 23, 41 (inquiries), 45, 1 (motions), 39 and 35 (inquiries) were called and postponed until the next sitting. Order No. 37 (inquiry) was called and pursuant to Rule 27(3) was dropped from the Order Paper.

INQUIRIES

The Honourable Senator Milne called the attention of the Senate to the lack of access to the 1906 and all subsequent censuses caused by an Act of Parliament adopted in 1906 under the Government of Sir Wilfred Laurier.

After debate, The Honourable Senator Johnson moved, seconded by the Honourable Senator Kinsella, 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 Carstairs for the Honourable Senator Watt moved, seconded by the Honourable Senator Perrault, P.C.:

That, notwithstanding the Order of the Senate adopted on Thursday, May 28, 1998, the Standing Senate Committee on Aboriginal Peoples, which was 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), be empowered to present its report no later than April 28, 1999.

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

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

Report of the Canada Mortgage and Housing Corporation 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. 1/36-908.

Report of the Canada Lands Company Limited 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. 1/36-909.

Report of the Queens Quay West Land Corporation 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. 1/36-910.

Report of the Old-Port of Montréal Corporation Inc. 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. 1/36-911.

Report of the Defence Construction (1951) Limited 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. 1/36-912.

Report of the Royal Canadian Mint 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. 1/36-913.

Report of the Canada Post Corporation 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. 1/36-914.

Copy of Order in Council P.C. 1998-1857, dated October 22, 1998, concerning an amendment to the schedule of the International Development (Financial Institutions) Assistance Act, pursuant to the International Development (Financial Institutions) Assistance Act, S.C. 1985, c. I-18, sbs. 5(1). -Sessional Paper No. 1/36-915.

Summaries of the Corporate Plan for 1998-99 and the Capital Budget for 1998-99 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/36-916.

Report of VIA Rail Canada Inc. 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. 1/36-917.

Reports of the Canada Ports Corporation, St. John's Port Corporation, Saint John Port Corporation, Halifax Port Corporation, Port of Quebec Corporation, Vancouver Port Corporation, Port of Montreal, and Prince Rupert Port Corporation 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. 1/36-918.

Report of the Merchant Seamen Compensation Board 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. 1/36-919.

Report of the Canadian International Trade Tribunal entitled "Requests for Tariff Relief by Australian Outback Collection (Canada) Ltd. regarding certain woven fabrics of cotton", dated October 30, 1998, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54. -Sessional Paper No. 1/36-920.

ADJOURNMENT

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Perrault, P.C.:

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 Banking, Trade and Commerce

The names of the Honourable Senators Stewart and Kroft substituted for those of the Honourable Senators Kroft and Austin (November 10).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Joyal substituted for that of the Honourable Senator Poulin (November 10).

Special Joint Committee on Child Custody and Access

The name of the Honourable Senator LeBreton removed from the membership (November 16).

Standing Senate Committee on Agriculture and Forestry

The names of the Honourable Senators Cohen and Milne substituted for those of the Honourable Senators Spivak and Chalifoux (November 16).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Cohen and Ruck substituted for those of the Honourable Senators LeBreton and Poy (November 16).

---