48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

---

Issue 124

Wednesday, March 24, 1999
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker

---

The Members convened were:

The Honourable Senators

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

The Members in attendance to business were:

The Honourable Senators

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

PRAYERS

Tribute was paid to the Honourable Senator Phillips, who will retire from the Senate on April 5, 1999.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Graham, P.C., tabled the following:

News Release, dated March 23, 1999, issued by the Office of the Prime Minister, entitled: "Prime Minister Appoints Federal Coordinator on Homelessness".-Sessional Paper No. 1/36-1088S.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Stewart, Chair of the Standing Senate Committee on Foreign Affairs, presented its Ninth Report (Bill C-35, An Act to amend the Special Import Measures Act and the Canadian International Trade Tribunal Act) without amendment.

The Honourable Senator Carstairs, 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. The Honourable Senator Stewart presented the following:

WEDNESDAY, March 24, 1999

The Standing Senate Committee on Foreign Affairs has the honour to present its

TENTH REPORT

Your Committee, to which was referred Bill S-22, An Act authorizing the United States to preclear travellers and goods in Canada for entry into the United States for the purposes of customs, immigration, public health, food inspection and plant and animal health, has, in obedience to the Order of Reference of Thursday, February 11, 1999, examined the said Bill and now reports the same with the following amendments:

1. Page 6, Clause 15: Replace line 1 with the following:

"15. (1) Every traveller reporting to a preclea-".

2. Page 6, Clause 16:

(a) Replace line 6 with the following:

"(2) If requested to do so by a preclea-".

(b) Replace lines 13 to 19 with the following:

"16. (1) If the traveller chooses to answer any question that is asked by a preclearance officer for preclearance purposes, the traveller must answer truthfully.

(2) If the traveller refuses to answer any question asked for preclearance purposes, the preclearance officer may order the traveller to leave the preclearance area.

(3) The refusal by a traveller to answer any question asked by a preclearance officer does not in and of itself constitute reasonable grounds for the officer to suspect that a search of the traveller is necessary for the purposes of this Act or that an offence has been committed under section 33 or 34.".

3. Page 6, Clause 17: Replace line 24 with the following:

"16(2) , and the Canadian officer is authorized".

4. Page 10, Clause 33: Replace lines 14 to 24 with the following:

"33. (1) Every person who makes an oral or written statement to a preclearance officer with respect to the preclearance of the person or any goods for entry into the United States that the person knows to be false or deceptive or to contain information that the person knows is false or deceptive is guilty of an offence punishable on summary conviction and liable to a maximum fine of $5,000.

(2) Notwithstanding subsection 787(2) of the Criminal Code, a term of imprisonment may not be imposed for default of payment of a fine imposed under subsection (1).

(3) An offence under subsection (1) does not constitute an offence for the purposes of the Criminal Records Act.".

Respectfully submitted,

JOHN B. STEWART

Chairman

The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Bacon, 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 Hervieux-Payette, P.C., Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its Fifth Report (Chandler Subdivision Subsidies). -Sessional Paper No. 1/36-1089.

Government Notices of Motions

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool:

That. the Standing Senate Committee on Foreign Affairs have power to sit at 3:30 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.

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

That. all Committees have power to sit while the Senate is sitting tomorrow, Thursday, March 25, 1999, and that Rule 95(4) be suspended in relation thereto.

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

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

That when the Senate adjourns today, it do stand adjourned until tomorrow, Thursday, March 25, 1999, at 9:00 a.m.

After debate, 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-76, An Act to provide for the resumption and continuation of government services, to which they desire the concurrence of the Senate.

The Bill was read the first time.

With leave of the Senate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Chalifoux, that the Bill be placed on the Orders of the Day for a second reading later this day.

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

Tabling of Reports from Inter-Parliamentary Delegations.

The Honourable Senator De Bané, P.C., tabled the following:

Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the Bureau meeting, held in Saint-Denis de La Réunion, France, from January 19 to 21, 1999.-Sessional Paper No. 1/36-1090.

 _________________________________________

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 Losier-Cool:

That the Standing Senate Committee on National Finance have power to sit at 5:00 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

Third reading of Bill C-61, An Act to amend the War Veterans Allowance Act, the Pension Act, the Merchant Navy Veteran and Civilian War-related Benefits Act, the Department of Veterans Affairs Act, the Veterans Review and Appeal Board Act and the Halifax Relief Commission Pension Continuation Act and to amend certain other Acts in consequence thereof.

The Honourable Senator Gill moved, seconded by the Honourable Senator Ruck, that the Bill be read the third time.

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

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment. Second reading of Bill C-76, An Act to provide for the resumption and continuation of government services.

The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Callbeck, that the Bill be read the second time.

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

The Bill was then read the second time.

The Honourable Senator Graham, P.C., moved, seconded by the Honourable Senator Callbeck, that the Bill be referred to a Committee of the Whole at the next sitting.

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

Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Johnstone, for the second reading of Bill C-74, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2000.

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

The Bill was then read the second time.

The Honourable Senator Cools moved, seconded by the Honourable Senator Chalifoux, 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. Resuming debate on the motion of the Honourable Senator Graham, P.C., seconded by the Honourable Senator Carstairs, for the second reading of Bill C-55, An Act respecting advertising services supplied by foreign periodical publishers.

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 Perrault, P.C., that the Bill be referred to the Standing Senate Committee on Transport and Communications.

With leave of the Senate, After debate, The Honourable Senator Kinsella 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 on division. Order No. 1 was called and postponed until the next sitting. Third reading of Bill C-73, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1999.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be read the third time.

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

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill.

Third reading of Bill C-65, An Act to amend the Federal-Provincial Fiscal Arrangements Act.

The Honourable Senator Carstairs moved, seconded by the Honourable Senator Bryden, that the Bill be read the third time.

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

The Bill was then read the third time and passed.

Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment. Resuming debate on the motion of the Honourable Senator Chalifoux, seconded by the Honourable Senator Maloney, for the second reading of Bill C-49, An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management.

After debate, The Honourable Senator Kinsella for the Honourable Senator St. Germain, P.C., 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.

 _________________________________________

Ordered, That all remaining Orders be postponed until the next sitting.

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

Report of the Canadian Human Rights Commission for the year 1998, pursuant to the Canadian Human Rights Act, S.C. 1998, c. 9, s. 32.-Sessional Paper No. 1/36-1086.

Summary of the Corporate Plan for 1999-2003 and the Operating and Capital Budgets for 1999 of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). -Sessional Paper No. 1/36-1087.

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 National Finance

The names of the Honourable Senators Grimard and Nolin substituted for those of the Honourable Senators Bolduc and Lavoie-Roux (March 23).

The name of the Honourable Senator Johnstone substituted for that of the Honourable Senator De Bané (March 24).

Standing Senate Committee on Foreign Affairs

The name of the Honourable Senator Robichaud (Saint-Louis-de-Kent) substituted for that of the Honourable Senator Losier-Cool (March 23)

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Poulin substituted for that of the Honourable Senator Maloney (March 23).

---