Journals of the Senate
50 Elizabeth II, A.D. 2001, Canada
Journals of the Senate
1st Session, 37th Parliament
Issue 26
Thursday, April 5, 2001
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Wiebe, Wilson
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Austin, Bacon, Banks, Beaudoin, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, *Cordy, De Bané, DeWare, Di Nino, Doody, Fairbairn, Ferretti Barth, *Finestone, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kirby, Kroft, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Mercier, Milne, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Poulin (Charette), Poy, *Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Setlakwe, Sibbeston, Simard, Sparrow, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Wiebe, Wilson
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk, for the Honourable Senator Kolber, presented the following:THURSDAY, April 5, 2001
The Standing Senate Committee on Banking Trade and Commerce has the honour to present its
THIRD REPORT
Your Committee, to which was referred Bill S-17, An Act to Amend the Patent Act, has, in obedience to the Order of Reference of Monday, March 12, 2001, examined the said Bill and now reports the same without amendment, but with observations, which are appended to this report.Respectfully submitted,
E. LEO KOLBER
Chairman
(The Appendix is printed as Appendix "A")The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Wiebe, that the Bill be placed on the Orders of the Day for third reading at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Tkachuk, for the Honourable Senator Kolber, presented the following:
THURSDAY, April 5, 2001
The Standing Senate Committee on Banking Trade and Commerce has the honour to present its
FOURTH REPORT
Your Committee, to which was referred Bill S-11, An Act to Amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts in consequence, has, in obedience to the Order of Reference of Wednesday, February 21, 2001, examined the said Bill and now reports the same with the following amendments:1. Page 1, long title: Replace the long title with the following:
"An Act to amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts".
2. Page 23, clause 42: Replace lines 1 to 6 with the following:
"113. (1) A corporation shall, within fifteen days after
(a) a change is made among its directors, or
(b) it receives a notice of change of address of a director referred to in subsection (1.1),
send to the Director a notice, in the form that the Director fixes, setting out the change, and the Director shall file the notice.
(1.1) A director shall, within fifteen days after changing his or her address, send the corporation a notice of that change."
3. Page 38, clause 55:
(a) Replace line 20 with the following:
"(4) Unless the by-laws otherwise provide, any person"; and
(b) Replace line 27 with the following:
"during the meeting, if the corporation makes available such a communication facility. A person participating in".
4. Pages 42 and 43, clause 59: Replace lines 43 and 44 on page 42 and lines 1 to 3 on page 43 with the following:
"may be, notify in writing the person submitting the proposal of its intention to omit the proposal from the management proxy circular and of the reasons for the refusal.".
5. Page 44, clause 61: Replace lines 3 to 7 with the following:
"(3) Despite subsection (1), unless the by-laws otherwise provide, any vote referred to in subsection (1) may be held, in accordance with the regulations, if any, entirely by means of a telephonic, electronic or other communication facility, if the corporation makes available such a communication facility.
(4) Unless the by-laws otherwise provide, any person participating in a meeting of shareholders under subsection 132(4) or (5) and entitled to vote at that meeting may vote, in accordance with the regulations, if any, by means of the telephonic, electronic or other communication facility that the corporation has made available for that purpose.".
6. Page 48, clause 68: Replace line 10 with the following:
"(b) has fifty or fewer shareholders en-".
7. Pages 58 and 59, clause 97: Replace lines 29 to 39 on page 58 and lines 1 to 8 on page 59 with the following:
"193. A corporation may carry out a going-private transaction. However, if there are any applicable provincial securities laws, a corporation may not carry out a going-private transaction unless the corporation complies with those laws.".
8. Page 63, clause 100: Replace lines 27 to 32 with the following:
"shareholder may
(a) within ninety days after the date of termination of the take-over bid, or
(b) if the shareholder did not receive an offer pursuant to the take-over bid, within ninety days after the later of
(i) the date of termination of the take-over bid, and
(ii) the date on which the shareholder learned of the take-over bid,
require the offer or to acquire those shares.".
9. Pages 64 and 65, clause 102:
(a) Replace lines 34 to 37 on page 64 with the following:
"including the restoration of any rights and privileges whether";
(b) Replace lines 12 to 14 on page 65 with the following:
"(c) a person who, although at the time of"; and
(c) Replace line 19 on page 65 with the following:
"(d) a trustee in bankruptcy for the dissolved".
10. Page 93, clause 148:
(a) Replace line 3 with the following:
"(3) Unless the by-laws provide otherwise, a member or"; and
(b) Replace line 10 with the following:
"ing, if the cooperative makes available such a communication facility.".
11. Page 97, clause 153:
(a) Replace line 3 with the following:
"section 52, the cooperative must, within the";
(b) Replace line 7 with the following:
"tion 58(2.4), as the case may be, notify in writing"; and
(c) Replace line 10 with the following:
"and of the reasons".
12. Page 97, clause 154: Replace lines 20 to 24 with the following:
"(3) Despite subsection (1), unless the by-laws provide otherwise, any vote referred to in subsection (1) may be held, in accordance with the regulations, if any, entirely by means of a telephonic, electronic or other communication facility, if the cooperative makes available such a communication facility.
(4) Unless the by-laws otherwise provide, a member or shareholder participating in a meeting of the cooperative under subsection 48(3) or (3.1) and entitled to vote at that meeting may vote, in accordance with the regulations, if any, by means of the telephonic, electronic or other communication facility that the cooperative has made available for that purpose.".
13. Page 98, new clause 160.1: Add after line 47 the following:
"160.1 Section 91 of the Act is replaced by the following:
91. (1) A cooperative must, within fifteen days after
(a) a change is made among its directors, or
(b) it receives a notice of change of address of a director referred to in subsection (2),
send to the Director a notice, in the form that the Director fixes, setting out the change.
(2) A director must, within fifteen days after changing his or her address, send the cooperative a notice of that change.
(3) Any interested person, or the Director, may apply to a court for an order to require a cooperative to comply with subsection (1), and the court may so order and make any further order it thinks fit.".
14. Page 108, new clause 184.1: Add after line 34 the following:
"184.1 Paragraph 165(2)(b) of the Act is replaced by the following:
(b) it has fifty or fewer shareholders entitled to vote at a meeting, two or more joint holders being counted as one shareholder.".
15. Page 116, new clause 192.1: Add after line 18 the following:
"192.1 Subsection 176(1) of the Act is replaced by the following:
176. (1) If a shareholder holding shares of a distributing cooperative does not receive a notice under this Part, the shareholder may
(a) within ninety days after the date of the end of the take-over bid, or
(b) if the shareholder did not receive an offer pursuant to the take-over bid, within ninety days after the later of
(i) the date of the end of the take-over bid, and
(ii) the date on which the shareholder learned of the take-over bid,
require the offer or to acquire those shares.".
16. Pages 119 and 120, clause 206:
(a) Replace line 37 on page 119 with the following:
"of the Act before paragraph (b) is replaced";
(b) Add after line 46 on page 119 the following:
"(a) restored to its previous position in law, including the restoration of any rights and privileges whether arising before its dissolution or after its dissolution and before its revival; and"; and
(c) Add after line 6 on page 120 the following:
"(8) In this section, "interested person" includes
(a) a member, a shareholder, a director, an officer, an employee and a creditor of the dissolved cooperative;
(b) a person who has a contractual relationship with the dissolved cooperative; and
(c) a trustee in bankruptcy for the dissolved cooperative.".
17. Page 136, new clauses 230.1, 230.2, 230.3 and 230.4: Add after line 24 the following:
"Air Canada Public Participation Act
230.1 (1) Subsections 6(4) of the Air Canada Public Participation Act is repealed.(2) The portion of subsection 6(5) of the Act before paragraph (a) is replaced by the following:
(5) For the purposes of this section,
(3) Subsection 6(5) of the Act is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b).
Canada Development Corporation Reorganization Act
230.2 (1) Subsections 5(6) of the Canada Development Corporation Reorganization Act is repealed.(2) The portion of subsection 5(7) of the Act before paragraph (a) is replaced by the following:
(7) For the purposes of this section,
(3) Subsection 5(7) of the Act is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b).
CN Commercialization Act
230.3 (1) Subsections 8(4) of the CN Commercialisation Act is repealed.(2) The portion of subsection 8(5) of the Act before paragraph (a) is replaced by the following:
(5) For the purposes of this section,
(3) Subsection 8(5) of the Act is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b).
Nordion and Theratronics Divestiture Authorization Act
230.4 (1) Subsections 6(4) of the Nordion Theratronics Divestiture Authorization Act is repealed.(2) The portion of subsection 6(5) of the Act before paragraph (a) is replaced by the following:
(5) For the purposes of this section,
(3) Subsection 6(5) of the Act is amended by adding the word "and" at the end of paragraph (a) and by repealing paragraph (b).".
Respectfully submitted,
E. LEO KOLBER
Chairman
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Robichaud, 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 Gustafson, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its Second Report (budget-special study on agricultural health).
(The Report is printed as Appendix "B")
With leave of the Senate,
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Kinsella, that the Report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Kroft presented the following:
THURSDAY, April 5, 2001
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FOURTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2001-2002.Social Affairs, Science and Technology (Legislation)
| Professional and Other Services | $ 5,000 |
| Transport and Communications | 0 |
| Other Expenditures | 0 |
| Total | $ 5,000 |
Transport and Communications (Legislation)
| Professional and Other Services | $ 24,500 |
| Transport and Communications | 700 |
| Other Expenditures | 700 |
| Total | $ 25,900 |
Energy, Environment and Natural Resources (Legislation)
| Professional and Other Services | $ 9,500 |
| Transport and Communications | 500 |
| Other Expenditures | 1 000 |
| Total | $ 11,000 |
Respectfully submitted,
RICHARD H. KROFT
Chair
The Honourable Senator Kroft, moved, seconded by the Honourable Senator Moore, 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, presented its First Report (B) (Budget 2001-2002).
(The Report is printed as Appendix "C")
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Chalifoux, 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 Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Second Report (budget-study on national parks in Northern Canada).
(The Report is printed as Appendix "D")
With leave of the Senate,
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Sibbeston, that the Report be placed on the Orders of the Day for consideration later this day.
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-2, An Act to amend the Employment Insurance Act and the Employment Insurance (Fishing) Regulations, to which they desire the concurrence of the Senate.The Bill was read the first time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator De Bané, P.C., that the Bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
Tabling of Reports From Inter-Parliamentary Delegations
The Honourable Senator Hervieux-Payette, P.C., tabled the following:Report of the Inaugural Meeting of the Inter-parliamentary Forum of the Americas, held in Ottawa, from March 7 to 9, 2001.-Sessional Paper No. 1/37-165.
Tabling of Documents
The Honourable Senator Carstairs, P.C., tabled the following:
Document entitled: Conflict of Interest and Post-Employment Code for Public Office Holders, dated June 1994.—Sessional Paper No. 1/37-166S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-8, An Act to establish the Financial Consumer Agency of Canada and to amend certain Acts in relation to financial institutions.The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be read the second time.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, 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 Fraser, seconded by the Honourable Senator Gauthier, for the second reading of Bill S-24, An Act to implement an agreement between the Mohawks of Kanesatake and Her Majesty in right of Canada respecting governance of certain lands by the Mohawks of Kanesatake and to amend an Act in consequence.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Bacon, that the Bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator De Bané, P.C., seconded by the Honourable Senator Poulin, for the third reading of Bill S-4, 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,
And on the motion in amendment of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., that the Bill be not now read a third time but that it be amended,
(a) on page 1, by deleting the preamble; and
(b) in the English version of the enacting clause, on page 2, by replacing line 1 with the following:
"Her Majesty, by and".
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Taylor, that further debate on the motion in amendment 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 4 were called and postponed until the next sitting.Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Corbin, for the second reading of Bill S-8, An Act to maintain the principles relating to the role of the Senate as established by the Constitution of Canada.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6 to 9 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.The Order for the consideration of the Second Report of the Standing Senate Committee on Agriculture and Forestry (budget-special study on agricultural health) presented in the Senate earlier this day, was called and postponed until the next sitting.
Consideration of the Second Report of the Standing Senate Committee on Aboriginal Peoples (budget-study on national parks in Northern Canada) presented in the Senate earlier this day.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Milne, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
Other
Orders No. 2, 10, 16, 18 (inquiries), 41, 44 (motions), 1, 17 and 15 (inquiries) were called and postponed until the next sitting.Resuming debate on the inquiry of the Honourable Senator Cools calling the attention of the Senate to the celebration of Black History Month in Canada, and the Canadian Bar Association of Ontario dinner in Toronto on February 1, 2001, at which she, as the keynote speaker, spoke to the topic A Room With a View: A Black Senator's View of the Canadian Senate.
After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Graham, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6, 7 (inquiries) and 3 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Kirby moved, seconded by the Honourable Senator Poulin:That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report upon the state of federal government policy relating to the preservation and promotion of a sense of community and national belonging in Canada. In particular, the Committee shall be authorized to examine:
(a) the effectiveness of the policies, programs, symbols and institutions that have been used in the past to promote and protect Canadian distinctiveness or which have fostered an element of Canadian distinctiveness merely by their existence;
(b) the effects of globalization and rapid technological change on Canada's ability to preserve and promote its distinctiveness at home and abroad;
(c) the options that exist to modernize federal policies with respect to preserving, creating and promoting the uniqueness of Canada in a changing national and international context;
(d) the opportunities that exist to use new technologies to market our unique qualities to the world and to engender pride in Canadians about themselves and their country.
That the Committee submit its final report no later than December 20, 2002; and
That the Committee be permitted, notwithstanding usual practices, to deposit any 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 Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
__________________________
With leave,The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, April 24, 2001, at 2:00 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C.:That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:15 p.m. the Senate was continued until Tuesday, April 24, 2001, at 2:00 p.m.)
_____________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on FisheriesThe name of the Honourable Senator Watt substituted for that of the Honourable Senator Kenny (April 4).
Standing Joint Committee on Official Languages
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator De Bané (April 4).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Hervieux-Payette substituted for that of the Honourable Senator Kirby (April 4).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Banks (April 5).
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Morin and Hubley substituted for those of the Honourable Senators Fairbairn and Cordy (April 5).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Fitzpatrick and Finestone substituted for those of the Honourable Senators Christensen and Hervieux-Payette (April 5).