48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

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Issue 141

Monday, May 31, 1999
8:00 p.m.

The Honourable Fernand Robichaud, P.C., Acting Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, Callbeck, Carstairs, Chalifoux, Cohen, Comeau, Cook, Cools, Corbin, DeWare, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Fitzpatrick, Forrestall, Fraser, Gauthier, Ghitter, Gill, Graham, Grimard, Johnstone, Joyal, Kelleher, Kelly, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, Mercier, Milne, Moore, Murray, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rossiter, Ruck, Simard, Spivak, St. Germain, Stewart, Stollery, Stratton, Taylor, Watt, Whelan, Wilson

The Members in attendance to business were:

The Honourable Senators

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

The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent.

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

That during the absence of the Honourable the Speaker, the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) do preside as Speaker.

Whereupon the Honourable Senator Robichaud, P.C. (Saint-Louis-de-Kent) took the Chair.

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

daily routine of business

Presentation of Reports from Standing or Special Committees

The Honourable Senator Poulin presented the following:

MONDAY, May 31, 1999

The Standing Senate Committee on Transport and Communications has the honour to present its

TWELFTH REPORT

Your Committee, to which was referred Bill C-55, An Act respecting advertising services supplied by foreign periodical publishers, has, in obedience to the Order of Reference of Thursday, March 25, 1999, examined the said Bill and now reports the same with the following amendments:

1. Page 1, Clause 2:

(a) replace line 28 with the following:

"ing in value more than half of the total value"

Page 2, Clause 2:

(b) replace lines 2 and 3 with the following:

"(f) a non-profit organization in which more than half of its members are persons"

(c) replace line 25 with the following:

"officer and more than half of whose direc-"

(d) replace line 33 with the following:

"indirectly, in the aggregate more than half"

(e) replace line 35 with the following:

"shares representing more than half of the "

(f) replace lines 40 and 41 with the following:

"ly, interests representing in value more than half of the total value of the assets."

2. Page 10: Add after line 40 the following:

"20.1 The Governor in Council may make regulations defining, for the purpose of section 21.1, the expressions "revenues generated by the supply of advertising services directed at the Canadian market" and "revenues generated by the total supply of advertising services"."

3. Page 11: Add after line 9 the following:

"21.1 This Act does not apply to a foreign publisher who supplies advertising services directed at the Canadian market by means of an issue of a periodical, if the revenues generated by the supply of advertising services directed at the Canadian market represent, in comparison to the revenues generated by the total supply of advertising services, by means of any of those issues

(a) during the period of 18 months beginning on the day on which this Act comes into force, not more than 12 per cent;

(b) during the period of 18 months immediately following the period referred to in paragraph (a), not more than 15 per cent; and

(c) after the period referred to in paragraph (b), not more than 18 per cent.

21.2 (1) This Act does not apply to a foreign publisher who, after the coming into force of this Act, makes an investment in periodical publishing that has been prescribed under paragraph 15(a) of the Investment Canada Act as a specific type of business activity related to Canada's cultural heritage or national identity and that has been reviewed under Part IV of that Act by the Minister responsible for it and for which that Minister is satisfied or is deemed to have been satisfied that the investment is likely to be of net benefit to Canada.

(2) Subsection (1) does not apply in relation to a foreign publisher referred to in that subsection who is subject to an order made under paragraph 40(2)(e) or (f) of the Investment Canada Act.

(3) This Act applies to a foreign publisher referred to in subsection (1), other than in relation to the foreign publisher's investment referred to in that subsection."

Respectfully submitted,

MARIE-P. POULIN

Chair

The Honourable Senator Poulin moved, seconded by the Honourable Senator Fairbairn, P.C., 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 Kirby, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its Twenty-fifth Report (Bill C-72, An Act to amend the Income Tax Act, to implement measures that are consequential on changes to the Canada-U.S. Tax Convention (1980) and to amend the Income Tax Conventions Interpretation Act, the Old Age Security Act, the War Veterans Allowance Act and certain Acts related to the Income Tax Act) without amendment.

The Honourable Senator Kirby moved, seconded by the Honourable Senator Cook, 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-64, An Act to establish an indemnification program for travelling exhibitions, 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 Poy, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 2, 1999.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-67, An Act to amend the Bank Act, the Winding-up and Restructuring Act and other Acts relating to financial institutions and to make consequential amendments to other Acts, 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 Pépin, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 2, 1999.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-69, An Act to amend the Criminal Records Act and to amend another Act in consequence, 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 Mercier, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 2, 1999.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-78, An Act to establish the Public Sector Pension Investment Board, to amend the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act, the Defence Services Pension Continuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Members of Parliament Retiring Allowances Act and the Canada Post Corporation Act and to make a consequential amendment to another 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 Kirby, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 2, 1999.

The question being put on the motion, it was adopted. A Message was brought from the House of Commons with a Bill C-79, An Act to amend the Criminal Code (victims of crime) and another Act in consequence, 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 Fraser, that the Bill be placed on the Orders of the Day for a second reading on Wednesday next, June 2, 1999.

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

Presentation of Petitions

The Honourable Senator Milne presented petitions:

Of Staff and volunteers at the Colchester Historical Society and Museum in Truro, Nova Scotia concerning the Statistics Act (census records).

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Reports of Committees

Resuming debate on consideration of the Twenty-fourth Report of the Standing Senate Committee on Legal and Constitutional Affairs (Proposals for a Miscellaneous Statute Law Amendment Act, 1998) presented in the Senate on May 13, 1999.

After debate, The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that further debate on consideration of the Report be adjourned until the next sitting.

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

OTHER BUSINESS

Senate Public Bills

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

Private Bills

Second reading of Bill S-30, An Act to amend the Act of incorporation of the Board of Elders of the Canadian District of the Moravian Church in America.

The Honourable Senator Taylor moved, seconded by the Honourable Senator Chalifoux, that the Bill be read the second time.

After debate, The Honourable Senator DeWare for the Honourable Senator Atkins moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.

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

Reports of Committees

Order No. 1 was called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Cochrane, for the adoption of the Fifteenth Report of Standing Senate Committee on Social Affairs, Science and Technology (Bill S-10, An Act to amend the Excise Tax Act, with an amendment) presented in the Senate on December 9, 1998.

After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted. Orders No. 3 and 4 were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Kelly, seconded by the Honourable Senator Beaudoin, for the adoption of the Report of the Special Committee of the Senate on Security and Intelligence, deposited with the Clerk of the Senate on January 14, 1999,

And on the motion in amendment of the Honourable Senator Carstairs, seconded by the Honourable Senator Fairbairn, P.C., that the Report be not now adopted, but that it be amended by deleting recommendation No. 33; and

That recommendation No. 33 be referred to the Standing Committee on Privileges, Standing Rules and Orders for consideration and report.

After debate, The Honourable Senator Pépin moved, seconded by the Honourable Senator Callbeck, that further debate on the motion in amendment be adjourned until the next sitting.

The question being put on the motion, it was adopted. Order No. 6 was called and postponed until the next sitting.

Other

Orders No. 50, 34, 39, 64, 78, 77, 73, 61 (inquiries), 125 (motion), 46, 49, 44 (inquiries), 1, 118, 45 (motions), 63 (inquiry), 127 (motion), 47, 65, 69, 58, 59 and 67 (inquiries) were called and postponed until the next sitting. Resuming debate on the motion of the Honourable Senator Kinsella, seconded by the Honourable Senator DeWare:

That a Special Committee of the Senate be appointed to examine and report upon the conduct of the Prime Minister, the Prime Minister's Office, the Minister of Foreign Affairs, the Solicitor General and the Privy Council Office in the security arrangements for the Asia-Pacific Economic Cooperation Conference held in Vancouver in November 1997, and any issues subsequently arising therefrom. In particular, the allegations that political motivations rather than security considerations were used unlawfully which resulted in the violation of the constitutional right to freedom of expression, freedom assembly and freedom of association of certain Canadian citizens and the suppression of legitimate protest.

That seven Senators, nominated by the Committee of Selection act as members of the Special Committee, and that three members constitute a quorum;

That the Committee have power to send for persons, papers and records, to examine witnesses under oath, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;

That the Committee have power to authorize television and radio broadcasting, as it deems appropriate, of any or all of its proceedings;

That the Committee have the power to engage the services of such counsel and other professional, technical, clerical and other personnel as may be necessary for the purposes of its examination;

That the political parties represented on the Special Committee be granted allocations for expert assistance with the work of the Committee;

That it be empowered to adjourn from place to place within and outside Canada;

That the Committee have the power to sit during sittings and adjournments of the Senate;

That the Committee submit its report not later than one year from the date of it being constituted, provided that if the Senate is not sitting, the report shall be deemed submitted on the day such report is deposited with the Clerk of the Senate.

After debate, The Honourable Senator Carstairs moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.

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

MOTIONS

The Honourable Senator Murray, P.C., for the Honourable Senator Balfour moved, seconded by the Honourable Senator Beaudoin:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to undertake a study on issues relating to persons coming under the jurisdiction of Veterans Affairs Canada including the availability, quality and standards of all benefits available to such persons;

That the Committee be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;

That the Committee be empowered to present its final report no later than March 31, 2000; and

That the Committee be permitted, notwithstanding usual practices, to deposit its report with the Clerk of the Senate, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

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

Actuarial Report (including Cost Certificate) on the Pension Plan for Federally Appointed Judges for the fiscal year ended March 31, 1998, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).-Sessional Paper No. 1/36-1159.

Reports of the Great Lakes Pilotage Authority, Ltd. required by the Access to Information Act and the Privacy Act for the period ended March 31, 1999, 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. 1/36-1160.

Reports of the Laurentian Pilotage Authority required by the Access to Information Act and the Privacy Act for the period ended March 31, 1999, 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. 1/36-1161.

Report of the Export Development 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. 1/36-1162.

Report of the Commissioner of the Environment and Sustainable Development for the year 1999, pursuant to the Act to amend the Auditor General Act, S.C. 1995, c. 43, sbs. 23(3). -Sessional Paper No. 1/36-1163.

Summary of the Corporate Plan for 1998-99 to 2002-03 of the Canadian Broadcasting Corporation, pursuant to the Broadcasting Act, S.C. 1991, c. 11, sbs. 55(4).-Sessional Paper No. 1/36-1164.

Reports of the Canadian International Trade Tribunal required by the Access to Information Act and the Privacy Act for the period ended March 31, 1999, 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. 1/36-1165.

Reports of the Standards Council of Canada required by the Access to Information Act and the Privacy Act for the period ended March 31, 1999, 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. 1/36-1166.

Report of the Canadian Intellectual Property Office, together with the Auditors' Report, for the fiscal year ended March 31, 1998, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26. -Sessional Paper No. 1/36-1167.

Report of the Canada Ports Corporation, Halifax Port Corporation, Montreal Port Corporation, Prince Rupert Port Corporation, Port of Quebec Corporation, Saint John Port Corporation, St. John's Port Corporation and Vancouver Port Corporation, together with the Auditors' Report, for the year 1998, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).-Sessional Paper No. 1/36-1168.

Report of the Chief of the Defence Staff on the state of the Canadian Forces for 1998-99.-Sessional Paper No. 1/36-1169.

Report on the operations of the Exchange Fund Account, together with the Auditor General's report, for the year 1998, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1). -Sessional Paper No. 1/36-1170.

Report on Transportation in Canada for the year 1998, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).-Sessional Paper No. 1/36-1171.

Documents entitled "Implementation of the Inuvialuit Final Agreement: Annual Review" for 1995-96 and 1996-97. -Sessional Paper No. 1/36-1172.

Annual Report of the Implementation Committee on the Gwich'in Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1998.-Sessional Paper No. 1/36-1173.

Annual Report of the Implementation Committee on the Sahtu Dene and Metis Comprehensive Land Claim Agreement for the fiscal year ended March 31, 1998.-Sessional Paper No. 1/36-1174.

ADJOURNMENT

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

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 Transport and Communications

The names of the Honourable Senators Callbeck, Stewart, Pearson, Robichaud (L'Acadie-Acadia), Fitzpatrick and Maloney substituted for those of the Honourable Senators Robichaud (L'Acadie-Acadia), Joyal, Rompkey, Maheu, Grafstein and Fitzpatrick (May 13).

The names of the Honourable Senators Kinsella, LeBreton, Lynch-Staunton and Butts substituted for those of the Honourable Senators Spivak, Johnson, Buchanan and Adams (May 25).

The names of the Honourable Senators Adams, Fitzpatrick, Maheu, Rompkey, Joyal, Milne, Stewart, Moore and Grimard substituted for those of the Honourable Senators Butts, Maloney, Robichaud (L'Acadie-Acadia), Pearson, Stewart, Callbeck, Maheu, Rompkey and Roberge (May 31).

Standing Joint Committee on the Library of Parliament

The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Poy (May 26).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Andreychuk and Di Nino substituted for those of the Honourable Senators Tkachuk and Meighen (May 31).

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