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Journals of the Senate

49 Elizabeth II, A.D. 2000, Canada

Journals of the Senate

2nd Session, 36th Parliament


Issue 58

Thursday, May 18, 2000
1:30 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, Kolber, Kroft, Lawson, LeBreton, Lynch-Staunton, Mahovlich, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Stollery, Stratton, Taylor, Watt, Wiebe

The Members in attendance to business were:

The Honourable Senators

Andreychuk, *Angus, Atkins, Austin, Bacon, Beaudoin, Berntson, Bolduc, Boudreau, Bryden, Carney, Carstairs, Chalifoux, Christensen, Cochrane, Cogger, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Forrestall, Fraser, Gauthier, Gill, Grafstein, Graham, Grimard, Hays, Hervieux-Payette, Johnson, Joyal, Kelleher, Kelly, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, Lawson, LeBreton, *Losier-Cool, Lynch-Staunton, Mahovlich, Mercier, Milne, Molgat, Murray, Nolin, Oliver, Pearson, Pépin, Perrault, Perry (Poirier), Pitfield, Poulin (Charette), Poy, Prud'homme, Rivest, Roberge, Robertson, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Rossiter, Ruck, St. Germain, Simard, Sparrow, Stollery, Stratton, Taylor, Watt, Wiebe

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Government Notices of Motions

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

That Bill C-22, An Act to facilitate combatting the laundering of proceeds of crime, to establish the Financial Transactions and Reports Analysis Centre of Canada and to amend and repeal certain Acts in consequence, which was referred to the Standing Senate Committee on Legal and Constitutional Affairs, be withdrawn from the said Committee and referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

ANSWERS TO WRITTEN QUESTIONS

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

Reply to Question No. 11, dated March 23, 2000, appearing on the Order Paper in the name of the Honourable Senator Kinsella, respecting Human Rights in China.-Sessional Paper No. 2/36-369S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

The Honourable Senator Hays moved, seconded by the Honourable Senator Gauthier:

That, pursuant to Rule 38, in relation to Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts, no later than 5:00 p.m. Wednesday, May 31, 2000, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any votes on any of those questions be not further deferred; and

That if a standing vote is requested, the bells to call in the Senators be sounded for thirty minutes, so that the vote takes place at 5:30 p.m.

After debate, 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 with a Bill C-276, An Act to amend the Competition Act (negative option marketing), to which they desire the concurrence of the Senate.

The Bill was read the first time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Christensen, that the Bill be placed on the Orders of the Day for a second reading on Monday next, May 22, 2000.

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

Bills

Resuming debate on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Hays, for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference,

And on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator Lynch-Staunton, that the motion be amended by deleting all the words after the word "That" and substituting the following therefor:

"Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, be not now read a second time but that the Order be discharged, the Bill withdrawn and the subject-matter thereof referred to the Standing Senate Committee on Legal and Constitutional Affairs."

After debate, Pursuant to the Order adopted on May 16, 2000, the question being put on the motion in amendment, it was negatived on the following division:

YEAS

The Honourable Senators

Atkins , Beaudoin, Berntson, Bolduc, Carney, Cochrane, Cogger, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Rivest, Roberge, Robertson, Rossiter, St. Germain, Simard, Stratton-30

NAYS

The Honourable Senators

Austin, Bacon, Boudreau, Bryden, Chalifoux, Christensen, Cook, De Bané, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Gill, Grafstein, Graham, Hays, Hervieux-Payette, Joyal, Kenny, Kolber, Kroft, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Ruck, Stollery, Taylor, Watt, Wiebe-39

ABSTENTIONS

The Honourable Senators-Les honorables sénateurs

Cools, Corbin, Finestone, Gauthier, Kelly, Pitfield-6

The question then being put on the motion of the Honourable Senator Boudreau, P.C., seconded by the Honourable Senator Hays, for the second reading of Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference, it was adopted on the following division:

YEAS

The Honourable Senators

Austin, Bacon, Boudreau, Bryden, Chalifoux, Christensen, Cook, De Bané, Fairbairn, Ferretti Barth, Finestone, Finnerty, Fitzpatrick, Fraser, Gill, Graham, Hays, Hervieux-Payette, Joyal, Kenny, Kolber, Kroft, Mahovlich, Mercier, Milne, Pearson, Pépin, Perrault, Perry (Poirier), Poulin, Poy, Robichaud, (L'Acadie-Acadia), Robichaud, (Saint-Louis-de-Kent), Rompkey, Ruck, Stollery, Watt, Wiebe-38,

NAYS

The Honourable Senators

Atkins, Beaudoin, Berntson, Bolduc, Carney, Cochrane, Cogger, Comeau, DeWare, Di Nino, Doody, Forrestall, Grimard, Johnson, Kelleher, Keon, Kinsella, LeBreton, Lynch-Staunton, Murray, Nolin, Oliver, Prud'homme, Rivest, Roberge, Robertson, Rossiter, St. Germain, Simard, Stratton-30

ABSTENTIONS

The Honourable Senators

Cools, Corbin, Gauthier, Grafstein, Kelly, Pitfield, Taylor-7

Accordingly, the Bill was read the second time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Mercier, that the Bill be referred to the Special Committee of the Senate on Bill C-20.

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

Ordered, That Order No. 7 under OTHER BUSINESS, Reports of Committees be brought forward.

Consideration of the Sixth Report of the Committee of Selection (nomination of certain Senators-Special Committee on Bill C-20), presented in the Senate on May 17, 2000.

The Honourable Senator Mercier moved, seconded by the Honourable Senator Pépin, that the Report be adopted.

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

Bills

Second reading of Bill C-26, An Act to amend the Canada Transportation Act, the Competition Act, the Competition Tribunal Act and the Air Canada Public Participation Act and to amend another Act in consequence.

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

After debate, The Honourable Senator Forrestall 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.

Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Moore, for the third reading of Bill C-2, An Act respecting the election of members to the House of Commons, repealing other Acts relating to elections and making consequential amendments to other Acts,

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 375, on page 154,

(a) by replacing line 27 with the following:

"375. (1) A registered party shall, subject to";

(b) by replacing line 32 with the following:

"registered party shall appoint a person, to be";

(c) by adding the following after line 36:

"(3) The registration of an electoral district agent is valid

(a) until the appointment of the electoral district agent is revoked by the political party;

(b) until the political party that appointed the electoral district agent is deregistered; or

(c) until the electoral district of the electoral district agent no longer exists as result of a representation order made under section 25 of the Electoral Boundaries Readjustment Act.;

(4) Outside an election period, the electoral district agent of a registered party is:

(a) responsible for all financial operations of the electoral district association of the party; and

(b) required to submit to the chief agent of the registered party that appointed the person to act as the electoral district agent an annual financial transactions return, in accordance with subsection (5), on the electoral district association's financial transactions.

(5) The annual financial transactions return referred to in subsection (4) must set out

(a) a statement of contributions received by the following classes of contributor: individuals, businesses, commercial organizations, governments, trade unions, corporations without share capital other than trade unions, and unincorporated organizations or associations other than trade unions;

(b) the number of contributors in each class listed in paragraph (a);

(c) subject to paragraph (c.1), the name and address of each contributor in a class listed in paragraph (a) who made contributions of a total amount of more than $200 to the registered party for its use, either directly or through one of its electoral district associations or a trust fund established for the election of a candidate endorsed by the registered party, and that total amount;

(c.1) in the case of a numbered company that is a contributor referred to in paragraph (c), the name of the chief executive officer or president of that company;

(d) in the absence of information identifying a contributor referred to in paragraph (c) who contributed through an electoral district association, the name and address of every contributor by class referred to in paragraph (a) who made contributions of a total amount of more than $200 to that electoral district association in the fiscal period to which the return relates, as well as, where the contributor is a numbered company, the name of the chief executive officer or president of that company, as if the contributions had been contributions for the use of the registered party;

(e) a statement of contributions received by the registered party from any of its trust funds;

(f) a statement of the electoral district association's assets and liabilities and any surplus or deficit in accordance with generally accepted accounting principles, including a statement of

(i) disputed claims under section 421, and

(ii) unpaid claims that are, or may be, the subject of an application referred to in subsection 419(1) or section 420;

(g) a statement of the electoral district association's revenues and expenses in accordance with generally accepted accounting principles;

(h) a statement of loans or security received by the electoral district association, including any conditions on them; and

(i) a statement of contributions received by the electoral district association but returned in whole or in part to the contributors or otherwise dealt with in accordance with this Act.

(6) For the purpose of subsection (5), other than paragraph (5)(i), a contribution includes a loan.

(7) The electoral district association shall provide the chief agent of a registered party with the documents referred to in subsection (5) within six months after the end of the fiscal period."; and

(d) by renumbering subsection (3) as subsection (8) and any cross-references thereto accordingly,

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 405, on page 166, by replacing lines 36 to 38 with the following:

"(3) No person, other than a chief agent, or a registered agent or an electoral district agent of a registered party, shall accept contributions to a registered party.

(4) No person, other than a chief agent of a registered party, shall provide official receipts to contributors of monetary contributions to a registered party for the purpose of subsection 127(3) of the Income Tax Act.",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 424, on page 174, by replacing lines 14 to 16 with the following:

"(a) the financial transactions returns, substantially in the prescribed form, on the financial transactions of both the registered party and of the registered party's electoral district associations;",
And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 426,

(a) on page 176, by replacing lines 36 to 38 with the following:

"shall report to its chief agent on both its financial transactions return and trust fund return referred to in section 428, and on the annual financial transactions returns on the electoral district associations' financial transactions referred to in paragraph 375(4)(b), and shall make any"; and
(b) on page 177,

(i) by replacing line 11 with the following:

"electoral district agents, registered agents and officers of the regis-", and
(ii) by replacing line 20 with the following:
"electoral district agents, registered agents and officers of the party to",
And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 473, on page 202, by replacing lines 37 and 38 with the following:

"registered party or to a registered agent of that registered party in the",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 477, on page 203, by replacing lines 30 and 31 with the following:

"477. A candidate, his or her official agent, and the chief agent of a registered party, as the case may be, shall use the prescribed forms for",

And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator Prud'homme, P.C., that Bill C-2 be not now read a third time but that it be amended, in clause 560, on page 246,

(a) by replacing line 18 with the following:

"ceipt with the Minister, signed by the chief agent or a registered "; and
(b) by replacing line 25 with the following:

"(a) by the chief agent or a registered agent of a registered".

After debate, The Honourable Senator DeWare moved, seconded by the Honourable Senator Keon, that further debate on the motions in amendment be adjourned until the next sitting.

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

Order No. 3 was called and postponed until the next sitting.

Motions

The Honourable Senator Hays moved, seconded by the Honourable Senator Poulin:

That the Senate do resolve itself into a Committee of the Whole, at 4:30 p.m. on Tuesday, May 30, 2000, in order to receive the Privacy Commissioner, Mr. Bruce Phillips, for the purpose of discussing the work of this Office.

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

______________________________________

Ordered, That Order No. 3 under OTHER BUSINESS, Senate Public Bills be brought forward.

Resuming debate on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator DeWare, for the second reading of Bill S-21, An Act to protect heritage lighthouses.

After debate, The Honourable Senator Carney, P.C., for the Honourable Senator Callbeck moved, seconded by the Honourable Senator Bolduc, that further debate on the motion be adjourned until the next sitting.

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

Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the second reading of Bill S-15, An Act to amend the Statistics Act and the National Archives of Canada Act (census records).

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

______________________________________

Ordered, That Order No. 3 under GOVERNMENT BUSINESS, Bills be again called.

Resuming debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Rompkey, P.C., for the second reading of Bill S-22, A First Act to harmonize federal law with the civil law of the Province of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.

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

The Bill was then read the second time.

The Honourable Senator Hays moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1, 4 and 5 were called and postponed until the next sitting.

Commons Public Bills

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

Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Watt, for the second reading of Bill C-247, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (cumulative sentences).

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 Taylor, that the Bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

Order No. 5 was called and pursuant to Rule 27(3) was dropped from the Order Paper.

Order No. 6 was called and postponed until the next sitting.

______________________________________

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

INQUIRIES

The Honourable Senator Poulin called the attention of the Senate to the Canadian Broadcasting Corporation.

After debate, The Honourable Senator Bolduc moved, seconded by the Honourable Senator Prud'homme, P.C., 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 Taylor for the Honourable Senator Spivak moved, seconded by the Honourable Senator Finnerty:

That the Standing Senate Committee on Energy, the Environment, and Natural Resources have power to sit at 4:30 p.m. on Tuesday June 6 and June 13, 2000 for the purpose of hearing witnesses on its study of Bill S-20, An Act to enable and assist the Canadian tobacco industry in attaining its objective of preventing the use of tobacco products by young persons in Canada, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.

After debate, With leave of the Senate and pursuant to Rule 30, the motion was withdrawn.

______________________________________

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

With leave of the Senate, The Honourable Senator Hays moved, seconded by the Honourable Senator Robichaud, P.C. (L'Acadie-Acadia):

That when the Senate adjourns today, it do stand adjourned until Tuesday, May 30, 2000, at 2:00 p.m.

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

ADJOURNMENT

The Honourable Senator Hays moved, seconded by the Honourable Senator Kroft:

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 Transport and Communications

The name of the Honourable Senator Banks substituted for that of the Honourable Senator Kirby (May 16).

The name of the Honourable Senator Kirby substituted for that of the Honourable Senator Banks (May 17).

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Bryden (May 17).

Standing Joint Committee for the Scrutiny of Regulations

The name of the Honourable Senator Wiebe added to the membership (May 18).

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