48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 119

Thursday, March 11, 1999
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Atkins, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Gauthier, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, Lavoie-Roux, Lewis, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Phillips, Pitfield, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, Simard, Spivak, Stewart, Stratton, Taylor, Watt, Whelan

The Members in attendance to business were:

The Honourable Senators

*Adams, Andreychuk, Angus, Atkins, *Austin, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, *Carney, Carstairs, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, *Forrestall, Fraser, Gauthier, Grafstein, Graham, Grimard, Gustafson, Hays, Hervieux-Payette, Johnson, *Johnstone, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, Lavoie-Roux, *Lawson, Lewis, *Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, *Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, *Perrault, Phillips, Pitfield, Poulin (Charette), Prud'homme, Rivest, *Roberge, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, *St. Germain, Simard, Spivak, Stewart, Stratton, Taylor, 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 Murray, P.C., presented the following:

THURSDAY, March 11, 1999

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

SEVENTEENTH REPORT

Your Committee, to which was referred Bill C-208, An Act to amend the Access to Information Act, in obedience to the Order of Reference of Thursday, February 11, 1999, has examined the said Bill and now reports the same without amendment.

Attached as an appendix to this Report are the observations of your Committee on Bill C-208.

Respectfully submitted,

LOWELL MURRAY

Chairman

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APPENDIX TO THE REPORT

Your Committee encourages the Senate to consider a review of the impact of this Bill three years from the date of proclamation.

Your Committee urges the Department of Justice and the Treasury Board of Canada Secretariat to prepare guidelines for officials regarding their obligations under this Bill. In addition, the Committee believes that efforts should be made to inform public servants of their obligations.

Also, your Committee heard testimony that a review of access to information and privacy legislation is long overdue. Your Committee therefore urges the federal government to conduct a comprehensive review of the provisions and operation of the Access to Information Act and the Privacy Act.

The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, 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. The Honourable Senator Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its Eighth Report (Interim) entitled: "rBST and the Drug Approval Process".-Sessional Paper No. 1/36-1066S.

The Honourable Senator Gustafson, moved, seconded by the Honourable Senator Angus, 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 Poulin, Acting Chair of the Standing Senate Committee on Transport and Communications, presented its Tenth Report (Bill S-23, An Act to amend the Carriage by Air Act to give effect to a Protocol to amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air and to give effect to the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier), without amendment.

The Honourable Senator Poulin moved, seconded by the Honourable Senator Callbeck, 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-65, An Act to amend the Federal-Provincial Fiscal Arrangements 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 Robichaud, P.C. (L'Acadie-Acadia), that the Bill be placed on the Orders of the Day for a second reading on Tuesday next, March 16, 1999.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Grafstein tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association on its participation at the Standing Committee Meeting of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), held in Vienna, Austria, on January 14 and 15, 1999.-Sessional Paper No. 1/36-1067.

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The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The Communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

March 11, 1999

Mr. Speaker:

I have the honour to inform you that the Honourable Michel Bastarache, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 11th day of March, 1999, at 4:30 p.m. for the purpose of giving Royal Assent to certain Bills.

Yours sincerely,

Judith A. LaRocque

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

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

OTHER BUSINESS

Senate Public Bills

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

Reports of Committees

Consideration of the Ninth Report of the Standing Committee on Privileges, Standing Rules and Orders (independent Senators), presented in the Senate on March 10, 1999.

The Honourable Senator Maheu moved, seconded by the Honourable Senator Ferretti Barth, that the Report be adopted.

After debate, The Honourable Senator Robertson 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. Orders No. 2 to 8 were called and postponed until the next sitting.

Other

Order No. 64 (inquiry) was called and postponed until the next sitting. Resuming debate on the inquiry of the Honourable Senator Lynch-Staunton calling the attention of the Senate to the Budget presented by the Minister of Finance in the House of Commons on February 16, 1999.

After debate, The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia), that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 34, 49, 63, 44, 58 (inquiries), 1 (motion), 59, 46, 39 (inquiries), 118, 45 (motions), 50 and 51 (inquiries) were called and postponed until the next sitting. Resuming 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, The question being put on the motion, it was adopted. The Honourable Senator Graham, P.C., tabled the following:

News Release, dated February 23, 1999, from the Solicitor General of Canada concerning funding criteria for legal counsel at the APEC hearing.-Sessional Paper No. 1/36-1068S. Resuming debate on the inquiry of the Honourable Senator Spivak calling the attention of the Senate to the differences between the proposed Multilateral Agreement on Investment and the NAFTA.

Debate concluded.

Resuming debate on the inquiry of the Honourable Senator Roche calling the attention of the Senate to the election of Canada to the United Nations' Security Council for 1999-2000, and Canada's role in contributing to peace, global security and human rights in the world on the eve of the new millennium.

After debate, Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Graham, P.C.

INQUIRIES

The Honourable Senator Grafstein called the attention of the Senate to the Canada-Europe Parliamentary Association (OSCE) Delegation to the Standing Committee Meeting of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), held in Vienna, Austria, from January 14 to 15, 1999 and the situation in Kosovo.

After debate, The Honourable Senator Roche moved, seconded by the Honourable Senator Keon, 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 Stewart moved, seconded by the Honourable Senator Watt:

That the Standing Senate Committee on Foreign Affairs be authorized to examine and report on possible reforms to the International Monetary Fund, especially in its economic and financial surveillance activity and its lending practices, and on other international financial and trade developments; and

That the Committee submit is final report no later than March 31, 2000 and that the committee retain all powers necessary to publicize the findings of the Committee contained in the final report until April 22, 2000.

The question being put on the motion, it was adopted. The Honourable Senator Roche moved, seconded by the Honourable Senator Keon:

That, whereas the proliferation of nuclear weapons poses a real and ongoing threat to global security, and recognizing the strong conclusions of the Standing Committee on Foreign Affairs and International Trade in their study, "Canada and the Nuclear Challenge", the Senate of Canada fully supports the disarmament and non-proliferation objectives of the Report, and urges the Government of Canada to carefully consider its recommendations when preparing its response.

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

Debate. Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of the Honourable the Deputy of His Excellency the Governor General. After awhile, the Honourable J.E. Michel Bastarache, a Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-

"It is the desire of the Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber." The House of Commons being come, One of the Clerks at the table then read the titles of the Bills to be assented to as follows:

An Act to amend the Insurance Companies Act (Bill C-59, Chapter 1, 1999)

An Act to amend the Competition Act and to make consequential and related amendments to other Acts (Bill C-20, Chapter 2 , 1999)

An Act to amend the Nunavut Act with respect to the Nunavut Court of Justice and to amend other Acts in consequence (Bill C-57, Chapter 3, 1999)

An Act to amend the Royal Canadian Mint Act and the Currency Act (Bill C-41, Chapter 4, 1999)

An Act to amend the Criminal Code, the Controlled Drugs and Substances Act and the Corrections and Conditional Release Act (Bill C-51, Chapter 5, 1999)

An Act to change the name of the electoral district of Argenteuil-Papineau (Bill C-465, Chapter 6, 1999)

An Act to change the name of the electoral district of Stormont-Dundas (Bill C-445, Chapter 7, 1999)

An Act to change the name of the electoral district of Sackville-Eastern Shore (Bill C-464, Chapter 8, 1999).

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-

"In Her Majesty's name, the Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."

4:50 p.m. The Commons withdrew. After which the Honourable the Deputy of His Excellency the Governor General was pleased to retire.

MOTIONS

The Senate resumed debate on the Point of Order as to the acceptability of the motion of the Honourable Senator Roche, seconded by the Honourable Senator Keon:

That, whereas the proliferation of nuclear weapons poses a real and ongoing threat to global security, and recognizing the strong conclusions of the Standing Committee on Foreign Affairs and International Trade in their study, "Canada and the Nuclear Challenge", the Senate of Canada fully supports the disarmament and non-proliferation objectives of the Report, and urges the Government of Canada to carefully consider its recommendations when preparing its response.

After debate, The Speaker reserved his decision.

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With leave, The Senate reverted to Government Notices of Motions.

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

That when the Senate adjourns today, it do stand adjourned until Tuesday next, March 16, 1999, at 2:00 p.m.

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

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

Report concerning Trade Unions registered in the Office of the Registrar General of Canada for the year 1998, pursuant to the Trade Unions Act, R.S.C. 1985, c. T-14, s. 30.-Sessional Paper No. 1/36-1063.

List of Commissions issued for the year 1998, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.-Sessional Paper No. 1/36-1064.

Copy of the Canada Small Business Financing Regulations (SOR/600598), pursuant to the Canada Small Business Financing Act, R.S.C. 1998, c. 36, sbs. 14(3).-Sessional Paper No. 1/36-1065.

ADJOURNMENT

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

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 Aboriginal Peoples

The name of the Honourable Senator Robertson substituted for that of the Honourable Senator St. Germain (March 10).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Maheu substituted for that of the Honourable Senator Fraser (March 11).

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