50 Elizabeth II, A.D. 2001, Canada

Journals of the Senate

1st Session, 37th Parliament

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Issue 45

Monday, June 11, 2001
4:00 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Milne, Moore, Morin, Murray, Nolin, Oliver, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Sibbeston, Simard, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Beaudoin, Bolduc, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Cochrane, Cohen, Comeau, Cook, Cools, Corbin, Cordy, De Bané, DeWare, Di Nino, Doody, Ferretti Barth, *Finestone, Finnerty, Fitzpatrick, Forrestall, *Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Joyal, Kelleher, Kenny, Keon, Kinsella, Kroft, Lawson, LeBreton, Losier-Cool, Lynch-Staunton, Maheu, Milne, Moore, Morin, Murray, Nolin, Oliver, *Pearson, Pépin, Poulin (Charette), Poy, Prud'homme, Rivest, Robertson, Robichaud, Roche, Rompkey, Rossiter, Sibbeston, Simard, Spivak, St. Germain, Stollery, Stratton, Taylor, Tkachuk, Tunney, Watt, Wiebe, *Wilson

PRAYERS

 

SENATORS' STATEMENTS

Some Honourable Senators made statements.

 

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Information Commissioner, for the period ended March 31, 2001, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 40(1).-Sessional Paper No. 1/37-276.

With leave of the Senate,

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

Report on the Senate mission to Saudi Arabia and Qatar, from January 18 to 25, 2001.-Sessional Paper No. 1/37-277S.

 

Presentation of Reports from Standing or Special Committees

The Honourable Senator Taylor, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources. tabled its Sixth Report (Interim) entitled: Canada's Nuclear Reactors: How Much Safety Is Enough?-Sessional Paper No. 1/37-278S.

 

Introduction and First Reading of Government Bills

A Message was brought from the House of Commons with a Bill C-28, An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, to which they desire the concurrence of the Senate.

The Bill was read the first time.

With leave of the Senate,

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the Bill be placed on the Orders of the Day for a second reading at the next sitting.

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

 

Introduction and First Reading of Senate Public Bills

The Honourable Senator Gauthier presented a Bill S-29, An Act to amend the Broadcasting Act (review of decisions).

The Bill was read the first time.

The Honourable Senator Gauthier moved, seconded by the Honourable Senator Gill, 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.

 

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill S-17, An Act to amend the Patent Act,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

A Message was brought from the House of Commons to return Bill S-27, An Act to authorize The Imperial Life Assurance Company of Canada to apply to be continued as a company under the laws of the Province of Quebec,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

A Message was brought from the House of Commons to return Bill S-28, An Act to authorize Certas Direct Insurance Company to apply to be continued as a company under the laws of the Province of Quebec,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

A Message was brought from the House of Commons to return Bill S-11, An Act to amend the Canada Business Corporations Act and the Canada Cooperatives Act and to amend other Acts,

And to acquaint the Senate that the Commons have passed this Bill with the following amendments to which they desire the concurrence of the Senate:

1. 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 in consequence"

2. Page 136: Clause 235 is deleted.

3. Page 136: Clause 236 is deleted.

4. Page 137: Clause 237 is deleted.

5. Page 137: Clause 238 is deleted.

The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Adams, that the amendments be placed on the Orders of the Day for consideration at the next sitting.

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

 

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Order No. 1 was called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Sibbeston, seconded by the Honourable Senator Milne, for the third reading of Bill C-4 An Act to establish a foundation to fund sustainable development technology.

A Point of Order was raised as to the acceptability of the Bill.

After debate,

The Speaker reserved his decision.

Third reading of Bill C-13, An Act to amend the Excise Tax Act.

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Adams, that the Bill be read the third time.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Doody moved, seconded by the Honourable Senator Murray, P.C., that further debate on the motion be adjourned until the next sitting.

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

Third reading of Bill C-26, An Act to amend the Customs Act, the Customs Tariff, the Excise Act, the Excise Tax Act and the Income Tax Act in respect of tobacco.

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

After debate,

The Honourable Senator Kinsella for the Honourable Senator Nolin moved, seconded by the Honourable Senator Murray, P.C., that further debate on the motion be adjourned until the next sitting.

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

Third reading of Bill C-22, An Act to amend the Income Tax Act, the Income Tax Application Rules, certain Acts related to the Income Tax Act, the Canada Pension Plan, the Customs Act, the Excise Tax Act, the Modernization of Benefits and Obligations Act and another Act related to the Excise Tax Act.

The Honourable Senator Banks moved, seconded by the Honourable Senator Bacon, that the Bill be read the third time.

After debate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Robertson, that further debate on the motion be adjourned until the next sitting.

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

Third reading of Bill C-17, An Act to amend the Budget Implementation Act, 1997 and the Financial Administration Act.

The Honourable Senator Morin moved, seconded by the Honourable Senator Gill, 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.

Third reading of Bill C-9, An Act to amend the Canada Elections Act and the Electoral Boundaries Readjustment Act.

The Honourable Senator Moore moved, seconded by the Honourable Senator Kroft, that the Bill be read the third time.

After debate,

The Honourable Senator Kinsella for the Honourable Senator Oliver moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until the next sitting.

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

Order No. 8 was called and postponed until the next sitting.

 

OTHER BUSINESS

Senate Public Bills

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

Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Comeau, for the second reading of Bill S-22, An Act to provide for the recognition of the Canadien Horse as the national horse of Canada.

After debate,

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

The Bill was then read the second time.

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Di Nino, that the Bill be referred to the Standing Senate Committee on Agriculture and Forestry.

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 Cools, seconded by the Honourable Senator Wiebe, for the second reading of Bill S-9, An Act to remove certain doubts regarding the meaning of marriage.

After debate,

The Honourable Senator Cools moved, seconded by the Honourable Senator De Bané, P.C., 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

Consideration of the First Report of the Standing Senate Committee on Defence and Security (budget 2001-02) presented in the Senate on June 7, 2001.

The Honourable Senator Kenny moved, seconded by the Honourable Senator Wiebe, that the Report be adopted.

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

Consideration of the Seventh Report of the Standing Committee on Internal Economy, Budgets and Administration (budget of Aboriginal Peoples Committee-legislation) presented in the Senate on June 7, 2001.

The Honourable Senator Kroft moved, seconded by the Honourable Senator Ferretti Barth, that the Report be adopted.

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

Consideration of the First Report "C" of the Standing Joint Committee for the Scrutiny of Regulations (budget-travel to Sydney, Australia) presented in the Senate on June 7, 2001.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Adams, that the Report be adopted.

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

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

 

Other

Resuming debate on the inquiry of the Honourable Senator Moore calling the attention of the Senate to the emerging issue of deferred maintenance costs in Canada's post-secondary institutions.

After debate,

The Honourable Senator Robichaud, P.C., for the Honourable Senator Austin, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., that further debate on the inquiry be adjourned until the next sitting.

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 to return Bill S-16, An Act to amend the Proceeds of Crime (Money Laundering) Act,

And to acquaint the Senate that the Commons have passed this Bill, without amendment.

 

Other

Orders No. 54 (motion), 7 (inquiry), 3 (motion), 18, 20, 13, 16 (inquiries), 44 (motion), 6, 11, 5, 10 and 8 (inquiries) were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator DeWare:

That the Senate endorse and support the following policy from Liberal Red Book 1, which recommends the appointment of "an independent Ethics Counsellor to advise both public officials and lobbyists in the day-to-day application of the Code of Conduct for Public Officials. The Ethics Counsellor will be appointed after consultation with the leaders of all parties in the House of Commons and report directly to Parliament.";

And that this Resolution be sent to the Speaker of the House of Commons so that he may acquaint the House of Commons with this decision of the Senate.

After debate,

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

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

 

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

Management Plans for 2001-05, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1), as follows:

(1) Fortress of Louisbourg National Historic Site of Canada;

(2) Trent-Severn Waterway National Historic Site of Canada;

(3) Prince of Wales Fort National Historic Site of Canada;

(4) Fort Battleford National Historic Site of Canada;

(5) Grosse Île and the Irish Memorial National Historic Site of Canada;

(6) Bethune Memorial House National Historic Site of Canada;

(7) Fort Wellington and the Battle of the Windmill National Historic Site of Canada;

(8) Fort Malden National Historic Site of Canada;

(9) Woodside National Historic Site of Canada.-Sessional Paper No. 1/37-270.

Report on Port Divestiture and Operations for the fiscal year ended March 31, 2001, pursuant to the Canada Marine Act, S.C. 1998, c. 10, sbs. 72(7).-Sessional Paper No. 1/37-271.

Summary of the Corporate Plan for 2001-02 to 2003-04 of the Canada Customs and Revenue Agency, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, s. 49.-Sessional Paper No. 1/37-272.

Summaries of the Corporate Plan for the period 2001-02 to 2005-06 and of the Operating and Capital Budgets for 2001-02 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).-Sessional Paper No. 1/37-273.

Response to the Law Commission of Canada's Report entitled "Restoring Dignity: Responding to Child Abuse in Canadian Institutions", pursuant to the Law Commission of Canada Act, S.C. 1996, c. 9, s. 25.-Sessional Paper No. 1/37-274.

Reports of the Canadian Institutes of Health Research for the fiscal year ended March 31, 2001, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).-Sessional Paper No. 1/37-275.

 

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 6:20 p.m. the Senate was continued until 2:00 p.m. tomorrow.)

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Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Agriculture and Forestry

The names of the Honourable Senators Banks, Fraser and Christensen substituted for those of the Honourable Senators Fairbairn, Hubley and Chalifoux (June 6).

The names of the Honourable Senators Fairbairn, Hubley and Chalifoux substituted for those of the Honourable Senators Banks, Fraser and Christensen (June 8).

Standing Senate Committee on Banking, Trade and Commerce

The names of the Honourable Senators Poulin and Kroft substituted for those of the Honourable Senators Banks and Kenny (June 7).

Standing Senate Committee on National Finance

The names of the Honourable Senators Mahovlich, Finestone and Fraser substituted for those of the Honourable Senators De Bané, Mahovlich and Tunney (June 7).

The name of the Honourable Senator Rompkey added to the membership (June 7).

The names of the Honourable Senators Kinsella, Mahovlich and Tunney substituted for those of the Honourable Senators Comeau, Finestone and Fraser (June 8).

The name of the Honourable Senator Rompkey removed from the membership (June 8).

Standing Joint Committee on Official Languages

The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Simard (June 7).

The name of the Honourable Senator Simard substituted for that of the Honourable Senator Nolin (June 8).

Standing Senate Committee on Social Affairs, Science and Technology

The names of the Honourable Senators Milne and Losier-Cool substituted for those of the Honourable Senators Cook and Fairbairn (June 7).

The names of the Honourable Senators Cook, Fairbairn and Cordy substituted for those of the Honourable Senators Milne, Losier-Cool and Morin (June 8).

Standing Senate Committee on Transport and Communications

The names of the Honourable Senators Adams, Rompkey and Fitzpatrick substituted for those of the Honourable Senators Taylor, Sparrow and Fairbairn (June 7).

Standing Committee on Internal Economy, Budgets and Administration

The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Buchanan (June 8).

Standing Senate Committee on Human Rights

The name of the Honourable Senator Milne substituted for that of the Honourable Senator Finestone (June 11).

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