48 Elizabeth II, A.D. 1999, Canada

Journals of the Senate

---

Issue 152

Thursday, June 17, 1999
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker

---

The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, 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, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, Pitfield, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stratton, Taylor, Tkachuk, Watt, Wilson

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Balfour, Beaudoin, Berntson, Bolduc, Bryden, Buchanan, Butts, 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, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kolber, Kroft, Lavoie-Roux, Lawson, LeBreton, Lewis, Losier-Cool, Lynch-Staunton, Mahovlich, Maloney, Meighen, Mercier, Milne, Molgat, Moore, Murray, Nolin, Oliver, Pearson, Pépin, *Perrault, Pitfield, Poulin (Charette), Prud'homme, Rivest, Robertson, Robichaud , (L'Acadie-Acadia), Robichaud , (Saint-Louis-de-Kent), Roche, Rompkey, Rossiter, Ruck, St. Germain, Simard, Spivak, Stewart, Stratton, Taylor, Tkachuk, Watt, Wilson

PRAYERS

Tribute was paid to the Honourable Senator Butts, who will retire from the Senate on August 15, 1999. Tribute was paid to the Honourable Senator Maloney, who will retire from the Senate on August 16, 1999.

DEFERRED DIVISIONS

At 3:55 p.m., and pursuant to Rule 66(3), the Senate proceeded to the taking of the deferred recorded division on the motion in amendment of the Honourable Senator Stratton, to the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Butts, for the third reading of 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.

The question was put on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator Lynch-Staunton, that the Bill be not now read the third time but that it be referred back to the Standing Senate Committee on Banking, Trade and Commerce so that the Committee may monitor discussions between Treasury Board and affected unions over matters contained in the letter of the President of the Treasury Board referred to in the Report of the Standing Senate Committee on Banking, Trade and Commerce on Bill C-78; and

That the Committee report back to the Senate no later than September 7, 1999.

The motion in amendment was adopted on the following division:

YEAS

The Honourable Senators

Andreychuk, Angus, Atkins, Balfour, Beaudoin, Berntson, Bolduc, Buchanan, Cochrane, Cohen, Comeau, DeWare, Di Nino, Doody, Eyton, Forrestall, Ghitter, Grimard, Gustafson, Johnson, Kelleher, Keon, Kinsella, Lavoie-Roux , Lawson, LeBreton, Lynch-Staunton, Meighen, Murray, Nolin, Oliver, Pitfield, Rivest, Robertson, Roche, Rossiter, St. Germain, Simard, Spivak, Stratton, Tkachuk-41

NAYS

The Honourable Senators

Adams, Austin, Bryden, Butts, Carstairs, Chalifoux, Cook, Corbin, De Bané, Fairbairn, Ferretti Barth, Fitzpatrick, Fraser, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Joyal, Kirby, Kroft, Lewis, Losier-Cool, Mahovlich, Maloney, Mercier, Milne, Molgat, Moore, Pearson, Pépin, Poulin, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Ruck, Stewart, Taylor-38

ABSTENTIONS

The Honourable Senators

Prud'homme, Wilson-2

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., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its Twenty-second Report (study on social cohesion). -Sessional Paper No. 1/36-1214S.

Notices of Motions

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

That, notwithstanding the Order of the Senate adopted on November 24, 1998, to examine matters relating to the present state and the future of agriculture in Canada, the Standing Senate Committee on Agriculture and Forestry be empowered to present its final report no later than October 28, 1999.

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

_______________________________________

With leave, The Senate reverted to Presentation of Reports From Standing or Special Committees.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Bolduc, that the Twenty-second Report of the Standing Senate Committee on Social Affairs, Science and Technology, tabled earlier this day, be placed on the Orders of the Day for consideration at the next sitting.

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

ANSWERS TO WRITTEN QUESTIONS

Pursuant to Rule 25(2), the Honourable Senator Carstairs tabled the following:

Reply to Question No 148, dated May 31, 1999, appearing on the Order Paper in the name of the Honourable Senator Lynch-Staunton, respecting Bill C-40, An Act respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence.-Sessional Paper No. 1/36-1215S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-82, An Act to amend the Criminal Code (impaired driving and related matters).

The Honourable Senator Carstairs moved, seconded by the Honourable Senator LeBreton, 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.

_______________________________________

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

June 17, 1999

Mr. Speaker:

I have the honour to inform you that the Right Honourable Roméo LeBlanc, Governor General of Canada, will proceed to the Senate Chamber today, the 17th day of June, 1999, at 8:00 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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Commons Public 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. 34, 76, 78, 73 (inquiries), 118 (motion) and 63 (inquiry) were called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Grafstein calling the attention of the Senate to the question of international law: Canada and the NATO action in the Federal Republic of Yugoslavia.

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

Orders No. 47 (inquiry) and 145 (motion) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Butts:

That the Senate Standing Committee on Transport and Communications be authorized to examine and report upon the information, arts and entertainment provided by the traditional and modern media to Canadians, given the changing nature of mass communications and technological innovation;

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

That the Committee presents its final report no later than June 15, 2000.

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

Orders No. 65, 79, 82 (inquiries), 143, 127 (motions), 49, 81 (inquiries), 114 (motion), 68, 50, 64, 61, 46 (inquiries) and 1 (motion) were called and postponed until the next sitting.

_______________________________________

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 Poulin:

That when the Senate adjourns today, it do stand adjourned until Tuesday, September 7, 1999, at 4:00 p.m.

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

Pursuant to Rule 135(4), the sitting was suspended until 7:55 p.m.

The sitting resumed.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of His Excellency the Governor General.

After awhile, His Excellency the Governor General, having come and being seated on 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 pleasure 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 respecting extradition, to amend the Canada Evidence Act, the Criminal Code, the Immigration Act and the Mutual Legal Assistance in Criminal Matters Act and to amend and repeal other Acts in consequence (Bill C-40, Chapter 18, 1999)

An Act to amend the Coastal Fisheries Protection Act and the Canada Shipping Act to enable Canada to implement the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks and other international fisheries treaties or arrangements (Bill C-27, Chapter 19, 1999)

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 (Bill S-22, Chapter 20, 1999)

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 (Bill S-23, Chapter 21, 1999)

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 (Bill C-72, Chapter 22, 1999)

An Act respecting advertising services supplied by foreign periodical publishers (Bill C-55, Chapter 23, 1999)

An Act providing for the ratification and the bringing into effect of the Framework Agreement on First Nation Land Management (Bill C-49, Chapter 24, 1999)

An Act to amend the Criminal Code (victims of crime) and another Act in consequence (Bill C-79, Chapter 25, 1999)

An Act to implement certain provisions of the budget tabled in Parliament on February 16, 1999 (Bill C-71, Chapter 26, 1999)

An Act to amend the National Housing Act and the Canada Mortgage and Housing Corporation Act and to make a consequential amendment to another Act (Bill C-66, Chapter 27, 1999)

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 (Bill C-67, Chapter 28, 1999)

An Act to establish an indemnification program for travelling exhibitions (Bill C-64, Chapter 29, 1999)

An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts that have ceased to have effect (Bill C-84, Chapter 31, 1999)

An Act to amend the Criminal Code (impaired driving and related matters) (Bill C-82, Chapter 32, 1999)

An Act respecting the Alliance of Manufacturers & Exporters Canada (Bill S-18).

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

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

8:20 p.m.

The Speaker of the House of Commons addressed His Excellency the Governor General as follows:

"May it Please Your Excellency:

The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.

In the name of the Commons, I present to Your Excellency the following Bill:

An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial years ending March 31, 2000 and March 31, 2001 (Bill C-86, Chapter 30, 1999),

To which Bill I humbly request Your Excellency's Assent."

After one of the Clerks at the Table read the title of the Bill-

To this Bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:

"In Her Majesty's name, His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill."

8:22 p.m.

The Commons withdrew.

After which His Excellency the Governor General was pleased to retire.

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.

---