Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 21
Tuesday, November 26, 2002
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, *Austin, Bacon, Banks, Beaudoin, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, *Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Gauthier, Gill, Graham, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Milne, Morin, Murray, Nolin, Oliver, Pearson, Phalen, Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Report of the President of the Treasury Board, entitled: Canada's Performance 2002.—Sessional Paper No. 2/37- 209.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Hervieux-Payette, P.C., presented the following:
TUESDAY, November 26, 2002
The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its
FIRST REPORT
Your Committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the Committee was previously empowered "to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:
1. the appropriate principles and practices to be observed
(a) in the drafting of powers enabling delegates of Parliament to make subordinate laws;
(b) in the enactment of statutory instruments;
(c) in the use of executive regulation - including delegated powers and subordinate laws;
and the manner in which Parliamentary control should be effected in respect of the same;
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.''
Your Committee recommends that the same order of reference together with the evidence adduced thereon during previous sessions be again referred to it.
Your Committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:
Whether any Regulation or other statutory instrument within its terms of reference, in the judgement of the Committee:
1. is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;
2. is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;
3. purports to have retroactive effect without express authority having been provided for in the enabling legislation;
4. imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;
5. imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
6. tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;
7. has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;
8. appears for any reason to infringe the rule of law;
9. trespasses unduly on rights and liberties;
10. makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;
11. makes some unusual or unexpected use of the powers conferred by the enabling legislation;
12. amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment;
13. is defective in its drafting or for any other reason requires elucidation as to its form or purport.
Your Committee recommends that its quorum be fixed at 4 members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the Joint Chairmen be authorized to hold meetings to receive evidence and authorize the printing thereof so long as 3 members are present, provided that both Houses are represented; and, that the Committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.
Your Committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
Your Committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses of the Committee (Senate portion) during the Second Session of the Thirty-sixth Parliament were as follows:
Professional and Other Services $ 110,952 Transport and Communications — All Other Expenses $ 3,849 Total: $ 114,801
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 1, Second Session, Thirty-Seventh Parliament) is tabled in the House of Commons.
Respectfully submitted,
CÉLINE HERVIEUX-PAYETTE
Joint Chair
The Honourable Senator Hervieux-Payette, P.C. moved, seconded by the Honourable Senator Milne, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Rivest tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Twelfth Annual Bilateral Meeting, held in Japan, from September 24 to 29, 2002.—Sessional Paper No. 2/37-210.
Notices of Motions
With leave of the Senate,
The Honourable Senator Kolber moved, seconded by the Honourable Senator Maheu:
That the Standing Senate Committee on Banking, Trade and Commerce have power to sit at 4:00 p.m. today, even though the Senate may then be sitting and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Milne presented petitions:
Of Residents of Canada concerning the Statistics Act (census records).
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
A Point of Order was raised with respect to Order No. 2 standing in the name of the Honourable Senator Robichaud, P.C.
After debate,
The Speaker reserved his decision.
Bills
Third reading of Bill C-12, An Act to promote physical activity and sport.
The Honourable Senator Mahovlich moved, seconded by the Honourable Senator Poy, that the Bill be read the third time.
After debate,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Oliver, that the Bill be not now read a third time but that it be amended,
(a) in clause 32, on page 13, by adding after line 27 the following:
"(4) The Minister shall cause a copy of the corporate plan to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the plan.''; and
(b) in clause 33, on page 14, by adding after line 11 the following:
"(5) The Minister shall cause a copy of the annual report to be tabled in each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.''.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that further debate on the motion in amendment 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 Sibbeston, seconded by the Honourable Senator Milne, for the second reading of Bill C-14, An Act providing for controls on the export, import or transit across Canada of rough diamonds and for a certification scheme for the export of rough diamonds in order to meet Canada's obligations under the Kimberley Process.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Sibbeston moved, seconded by the Honourable Senator Léger, that the Bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Carstairs, P.C.:
That the documents entitled: "Proposals to amend the Parliament of Canada Act (Ethics Commissioner) and other Acts as a consequence'' and "Proposals to amend the Rules of the Senate and the Standing Orders of the House of Commons to implement the 1997 Milliken-Oliver Report'', tabled in the Senate on October 23, 2002, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Losier-Cool, that the motion be amended by adding the following:
"That the Committee, in conjunction with this review, also take into consideration at the same time the code of conduct in use in the United Kingdom Parliament at Westminster, and consider rules that might embody standards appropriate for appointed members of a House of Parliament who can only be removed for cause; and
That the Committee make recommendations, if required, for the adoption and implementation of a code of conduct for Senators, and concerning such resources as may be needed to administer it, including consequential changes to statute law that may be appropriate.''
After debate,
The Honourable Senator Beaudoin moved, seconded by the Honourable Senator Spivak that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
__________________________________________________________-
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Kenny:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Atkins:
That the Standing Senate Committee on Agriculture and Forestry have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Second reading of Bill S-10, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Forrestall, that the Bill be read the second time.
After debate,
The Honourable Senator Cook moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
__________________________________________________________-
Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Canada Industrial Relations Board for the fiscal year ended March 31, 2002, 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. 2/37-204.
Report of the British Columbia Treaty Commission for the fiscal year ended March 31, 2002, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3). —Sessional Paper No. 2/37-205.
Report of the Registrar of the Canadian Firearms Registry for the year 2001, pursuant to the Firearms Act, R.S.C. 1995, c. 39, sbs. 93(2).—Sessional Paper No. 2/37-206.
Actuarial Report (including Cost Certificate) on the Pension Plan for the Members of Parliament for the fiscal year ended March 31, 2001, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 2/37-207.
Copy of the Canada Small Business Financing (Establishment and Operation of Capital Leasing Pilot Project) Regulations, pursuant to the Canada Small Business Financing Act, R.S.C. 1998, c. 36, sbs. 13(5).—Sessional Paper No. 2/37-208.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:25 p.m. the Senate was continued until 1:30 p.m. tomorrow)
__________________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Morin substituted for that of the Honourable Senator Callbeck (November 21).
The name of the Honourable Senator Callbeck substituted for that of the Honourable Senator Mahovlich (November 22).
Standing Senate Committee on Banking, Trade and Commerce
The names of the Honourable Senators Sparrow and Angus substituted for those of the Honourable Senators Kolber and Oliver (November 21).
The names of the Honourable Senators Kolber, Poulin, Cook and Banks substituted for those of the Honourable Senators Sparrow, Hubley, Christensen and Fitzpatrick (November 22).
The name of the Honourable Senator Stollery added to the membership (November 22).
The names of the Honourable Senators Fraser, Hubley, Day, Cook and Oliver substituted for those of the Honourable Senators Poulin, Cook, Fraser, Banks and Meighen (November 25).
The names of the Honourable Senators Hervieux-Payette and Poulin substituted for those of the Honourable Senators Hubley and Cook (November 26).
The name of the Honourable Senator Stollery removed from the membership (November 26).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Jaffer substituted for that of the Honourable Senator Corbin (November 22).
Standing Joint Committee for the Scrutiny of Regulations
The names of the Honourable Senators Biron and Moore substituted for those of the Honourable Senators Joyal and Maheu (November 22).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Losier-Cool substituted for that of the Honourable Senator Bacon (November 26).