Journals of the Senate
51 Elizabeth II, A.D. 2002, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 30
Thursday, December 12, 2002
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Di Nino, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Keon, Kinsella, Kolber, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Milne, Morin, Murray, Nolin, Pearson, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Buchanan, Callbeck, Carstairs, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, De Bané, Di Nino, Doody, Eyton, Ferretti Barth, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Milne, Morin, Murray, Nolin, Pearson, Phalen, Poulin (Charette), Poy, Prud'homme, Rivest, Robichaud, Roche, Rompkey, Rossiter, St. Germain, Setlakwe, Sibbeston, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt
PRAYERS
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
December 12, 2002
Mr. Speaker:
I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, will proceed to the Senate Chamber today, the 12th day of December, 2002, at 5:00 p.m. for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Kolber gave notice that he would raise a question of privilege with respect to the premature disclosure of the Standing Senate Committee on Banking, Trade and Commerce's report on the public interest implications of large bank mergers, which is to be tabled with the Senate today.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Hays tabled the following:
Report of the Joint Parliamentary Delegation, led by the Speaker of the Senate, which travelled to the People`s Republic of China, from October 13 to 18, 2001.—Sessional Paper No. 2/37-226S.
Report of the Senate Parliamentary Delegation, led by the Speaker of the Senate, which visited France, Italy and the Vatican, from March 5 to 12, 2002.—Sessional Paper No. 2/37-227S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon presented the following:
THURSDAY, December 12, 2002
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SEVENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2002-2003.
Legal and Constitutional Affairs (Legislation)
| Professional and Other Services | $ 11,600 |
| Transport and Communications | $ 3,270 |
| Other Expenditures | $ 1,000 |
| Total | $ 15,870 |
Respectfully submitted,
LISE BACON
Chair
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Kolber, 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 Kolber, Chair of the Standing Senate Committee on Banking, Trade and Commerce tabled its Sixth Report entitled: Competition in the Public Interest: Large Bank Mergers in Canada.—Sessional Paper No. 2/37-228S.
The Honourable Senator Kolber, moved, seconded by the Honourable Senator Losier-Cool, 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 Maheu, Chair of the Standing Senate Committee on Human Rights, presented its Second Report (budget—study on the American Convention on Human Rights).
(The Report is printed as Appendix "A'' at pages 437-442 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Maheu moved, seconded by the Honourable Senator Banks, 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 Losier-Cool, Chair of the Standing Senate Committee on Official Languages, presented its First Report (budget of the Committee).
(The Report is printed as Appendix "B'' at pages 443-448 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Bacon, 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 Morin for the Honourable Senator Kirby, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its Seventh Report (document entitled: Santé en français—Pour un meilleur accès à des services de santé en français (French-Language Healthcare—Improving Access to French-Language Health Services)).—Sessional Paper No. 2/37-229S.
The Honourable Senator Morin, moved, seconded by the Honourable Senator Hubley, 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 Atkins, member of the Standing Senate Committee on National Security and Defence, tabled its Fourth Report (study on the proposal of the Valiants Group). —Sessional Paper No. 2/37-230S.
The Honourable Senator Atkins moved, seconded by the Honourable Senator Stratton, 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.
With leave of the Senate,
The Honourable Senator Atkins moved, seconded by the Honourable Senator Stratton:
That a copy of the Fourth Report of the Standing Senate Committee on National Security and Defence be forwarded to the Minister of Canadian Heritage.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,
The Honourable Senator Stollery moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Foreign Affairs be empowered, in accordance with Rule 95(3), to hold meetings during the last week of January 2003.
The question being put on the motion, it was adopted.
____________________________________________________
Ordered, That the question of privilege of which the Honourable Senator Kolber gave notice earlier this day be brought forward.
QUESTION OF PRIVILEGE
Pursuant to Rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Kolber with respect to the premature disclosure of the Standing Senate Committee on Banking, Trade and Commerce's report on the public interest implications of large bank mergers, which is to be tabled with the Senate today.
Debate.
SPEAKER'S RULING
I have listened carefully. In the course of the interventions, I came to the conclusion that I should deal first with the procedure because it is important that I deal with it. It has been raised. A number of the interventions have illustrated the importance of the new procedure in that some of the interventions go to the very issue of whether there is not just a prima facie case but an actual breach of privilege. The new provisions of our rules, which have never before been used under these circumstances, have considerable merit, highlighted by the tendency to get into the specifics before setting forth the manner in which a decision will be made.
The rules as they are now, with the appendix from which Senator Austin quoted, Appendix C, would indicate that the substance of the question of privilege would not be dealt with by the Senate until the committee had completed its investigation. This answers the concerns of Senator Lynch-Staunton and Senator Cools. If we follow the rules, the Banking Committee will present a record to this place, which will be part of the debate because the motion to refer is a debatable motion that can be dealt with by all senators before the matter goes to the Standing Committee on Rules, Procedures and the Rights of Parliament. That is a wise procedure to follow.
The subject matter of the question of privilege is a Reuters newspaper article, which, if I am not mistaken, came out today. While the steering committee has a view on this matter, it may well be that discussion in the committee will produce a record that is important to the decision of the Senate as a whole, which it must make on the debatable motion, which, if the Speaker finds a prima facie case, goes to the whole chamber to then be referred to or not, on a vote of everyone here, to the Rules Committee.
I believe there is wisdom in following that approach. I am not sure what the Speaker's role is in that respect. The words of Appendix IV(c) are interesting: "...it would be expected.'' I thought I would make that point first.
It is fairly clear from the past practice of this place that the leak of a document constitutes a prima facie case of privilege. Accordingly, I so find. If we follow the procedures set out in Appendix IV of the Rules of the Senate, it would then fall to the Banking Committee to do an investigation and present a record, which would then be the subject matter of debate as part of the motion that comes back here, as it is adjourned until the Banking Committee does the report. It would come before all senators, who would then be asked to make a decision as to whether to refer it to the Rules Committee.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Hubley, for the third reading of Bill C-8, An Act to protect human health and safety and the environment by regulating products used for the control of pests,
And on the motion in amendment of the Honourable Senator Keon, seconded by the Honourable Senator Buchanan, P.C., that the Bill be not now read a third time but that it be amended:
(a) in clause 2, on page 4, by replacing lines 36 and 37 with the following:
"meets the requirements of subsection 43(4).'';
(b) in clause 43, on page 35,
(i) by replacing lines 22 to 39 with the following:
"(5) Information that contains the identity or concentration of an active ingredient, formulant or contaminant in a pest control product is not confidential business information for the purposes of this Act.'', and
(ii) by replacing line 41 with the following:
"designated under subsection (4) does not''; and
(c) in clause 67,
(i) on page 53, by deleting lines 37 to 39, and
(ii) on pages 53 to 55, by relettering paragraphs (o) to (z.5) as paragraphs (n) to (z.4) and any cross-references thereto accordingly.
After debate,
The question being put on the motion in amendment, it was negatived on division.
The Senate resumed debate on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Hubley, for the third reading of Bill C-8.
After debate,
In amendment, the Honourable Senator LeBreton moved, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended:
(a) in clause 13, on page 16, by replacing lines 21 to 28 with the following:
"13. (1) An applicant for registration of a pest control product or a registrant shall report to the Minister, within the prescribed time and in the form and manner directed by the Minister, any new information that arises subsequent to registration of the product that relates to
(a) the health or environmental effects of the product;
(b) actual harm to human health or the environment caused by the product;
(c) maximum residue limits for the product or its components or derivatives; or
(d) the presence of residue in the environment.
(2) A person who makes an application under subsection 10(2) shall report to the Minister, within the prescribed time and in the form and manner directed by the Minister, any new information that arises subsequent to any specification of maximum residue limits made under subsection 10(1) pursuant to the application that relates to
(a) the health risks of the product or its components or derivatives;
(b) maximum residue limits for the product or its components or derivatives; or
(c) the presence of residue in the environment.
(3) In addition to reporting the information required under subsection (1) or (2), as the case may be, an applicant for registration of a pest control product, a registrant or a person who makes an application under subsection 10(2) shall report to the Minister, within the prescribed time and in the form and manner directed by the Minister,
(a) annually, information on the usage of the pest control product, including the crops on which the product has been used, the average number of treatments per crop at a specified application rate, and the total usage per crop;
(b) information respecting any effects of the pest control product on species or groups of species set out in Schedules 1 and 2 of the Species at Risk Act, or effects on indicator species, if there are reasonable grounds to suspect adverse effects are or might be occurring; and
(c) any prescribed information that relates to the health or environmental effects or the value of the pest control product.
(4) In evaluating or determining whether the health and environmental effects of a pest control product, or the health risks associated with maximum residue limits specified by the Minister under section 9 or 10, are acceptable, the Minister shall consider
(a) any information reported under subsections (1) to (3); and
(b) any other information respecting such health or environmental effects, or respecting the presence of residue of registered pest control products in the environment, that is reported to the Minister by any person.
(5) After considering the information referred to in subsection (4), the Minister shall make the information available to the public.''; and
(b) in clause 29, on page 26, by replacing line 2 with the following:
"with subsection 13(1), (2) or (3) is guilty of an offence.''.
After debate,
The question being put on the motion in amendment, it was negatived on division.
The question then being put on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Hubley, for the third reading of Bill C-8, An Act to protect human health and safety and the environment by regulating products used for the control of pests, it was adopted on division.
The Bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
Second reading of Bill C-4, An Act to amend the Nuclear Safety and Control Act.
The Honourable Senator Morin moved, seconded by the Honourable Senator Gauthier, that the Bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Morin moved, seconded by the Honourable Senator Fraser, 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.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Corbin, for the third reading of Bill C-5, An Act respecting the protection of wildlife species at risk in Canada.
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.
Order No. 3 was called and postponed until the next sitting.
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,
And on the motion in amendment of the Honourable Senator Joyal, P.C., 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 Sparrow moved, seconded by the Honourable Senator Cools, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Banks:
That the Senate call on the government to ratify the Kyoto Protocol on Climate Change,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Murray, P.C., that the motion be amended by substituting for the period after the word "Change'' the following:
", but only if, after the Senate has heard in Committee of the Whole from all federal, provincial and territorial government representatives who wish to appear, the Senate determines that there is a substantial measure of federal-provincial agreement on an implementation plan.''
After debate,
The question was put on the motion in amendment.
Ordered, That a standing vote be deferred until after Royal Assent, and that the bells ring for fifteen minutes.
With leave of the Senate,
The Honourable Senator Lynch-Staunton tabled the following:
Letter from the Honourable Gordon Campbell, Premier of British Columbia, respecting the Kyoto Protocol, dated December 9, 2002 (English text).—Sessional Paper No. 2/37-231S.
Letter from the Honourable Roger D. Grimes, Premier of Newfoundland and Labrador, respecting the Kyoto Protocol, dated December 4, 2002 (English text).—Sessional Paper No. 2/37-232S.
Letter from Mr. Patrick Dorsey, Executive Assistant and Senior Policy Advisor to the Premier of Prince Edward Island, respecting the Kyoto Protocol, dated December 5, 2002 (English text).—Sessional Paper No. 2/37-233S.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 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
Resuming debate on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Maheu, for the adoption of the Sixth Report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Estimates 2003-04) presented in the Senate on December 10, 2002.
After debate,
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Consideration of the Second Report of the Standing Senate Committee on Fisheries and Oceans (budget—study on straddling stocks and fish habitat) presented in the Senate on December 10, 2002.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Beaudoin, that the Report be adopted.
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 Kirby, seconded by the Honourable Senator Cook, for the adoption of the Third Report (final) of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: The Health of Canadians — The Federal Role, Volume Six: Recommendations for Reform, tabled in the Senate on October 25, 2002.
Debate.
Pursuant to Rule 135(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne—
The Honourable the Speaker commanded the Deputy Usher of the Black Rod to proceed to the House of Commons and acquaint that House that—
"It is the pleasure of Her Excellency the Governor General that they attend her 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 to implement an agreement, conventions and protocols concluded between Canada and Kuwait, Mongolia, the United Arab Emirates, Moldova, Norway, Belgium and Italy for the avoidance of double taxation and the prevention of fiscal evasion and to amend the enacted text of three tax treaties (Bill S-2, Chapter 24, 2002)
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 (Bill C-14, Chapter 25, 2002)
An Act to amend the Copyright Act (Bill C-11, Chapter 26, 2002)
An Act to protect human health and safety and the environment by regulating products used for the control of pests (Bill C-8, Chapter 28, 2002)
An Act respecting the protection of wildlife species at risk in Canada (Bill C-5, Chapter 29, 2002).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:—
"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''
5:18 p.m.
The Speaker of the House of Commons addressed Her 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 year ending March 31, 2003 (Bill C-21, Chapter 27, 2002),
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, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this Bill.''
5:21 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
DEFERRED VOTE
Pursuant to the Order adopted earlier this day, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Lynch-Staunton, to the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Banks, that the Senate call on the government to ratify the Kyoto Protocol on Climate Change.
The question was put on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Murray, P.C., that the motion be amended by substituting for the period after the word "Change'' the following:
", but only if, after the Senate has heard in Committee of the Whole from all federal, provincial and territorial government representatives who wish to appear, the Senate determines that there is a substantial measure of federal-provincial agreement on an implementation plan.''
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Buchanan, Cochrane, Comeau, Di Nino, Keon, Kinsella, LeBreton, Lynch- Staunton, Murray, Rivest, Roche, Rossiter, St. Germain, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Adams, Bacon, Banks, Biron, Callbeck, Carstairs, Christensen, Cook, Corbin, Cordy, De Bané, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Graham, Hervieux-Payette, Hubley, Jaffer, Joyal, Kroft, LaPierre, Lapointe, Léger, Losier-Cool, Maheu, Milne, Morin, Pearson, Phalen, Poulin, Poy, Robichaud, Rompkey, Setlakwe, Sibbeston, Smith, Watt—41
ABSTENTIONS
The Honourable Senators
Cools, Spivak—2
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Banks:
That the Senate call on the government to ratify the Kyoto Protocol on Climate Change.
After debate,
In amendment, the Honourable Senator Stratton moved, seconded by the Honourable Senator Kinsella, that the motion be amended by deleting the words "That the Senate call'' and adding the following before the word "on'':
"Whereas the implementation of the Kyoto Protocol in Canada can better be achieved through the collaboration of the Provinces, Territories and the Federal Government, the Senate urges the Provinces, Territories and the Federal Government to increase their efforts to secure collaboration and the Senate calls''.
After debate,
The question being put on the motion in amendment, it was adopted.
Resuming debate on the motion, as amended, of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Banks:
Whereas the implementation of the Kyoto Protocol in Canada can better be achieved through the collaboration of the Provinces, Territories and the Federal Government, the Senate urges the Provinces, Territories and the Federal Government to increase their efforts to secure collaboration and the Senate calls on the government to ratify the Kyoto Protocol on Climate Change.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that the motion, as amended, be further amended by adding before the word "Whereas'' the following words:
"Whereas the United Nations Framework Convention on Climate Change signed by the Government of Prime Minister Brian Mulroney on June 12, 1992, and ratified by Canada on December 4, 1992, is embraced by the Senate of Canada; and''
After debate,
The question being put on the motion in amendment, it was negatived on division.
The Senate resumed debate on the motion, as amended, of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Banks:
Whereas the implementation of the Kyoto Protocol in Canada can better be achieved through the collaboration of the Provinces, Territories and the Federal Government, the Senate urges the Provinces, Territories and the Federal Government to increase their efforts to secure collaboration and the Senate calls on the government to ratify the Kyoto Protocol on Climate Change.
After debate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that the motion, as amended, be further amended by adding the following before the word "Whereas'':
"Whereas the principles of the Kyoto Protocol to the United Nations Framework Convention on Climate Change are supported by the Senate of Canada; and''.
After debate,
The question being put on the motion in amendment, it was negatived on division.
The question was then put on the motion, as amended, of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Banks:
Whereas the implementation of the Kyoto Protocol in Canada can better be achieved through the collaboration of the Provinces, Territories and the Federal Government, the Senate urges the Provinces, Territories and the Federal Government to increase their efforts to secure collaboration and the Senate calls on the government to ratify the Kyoto Protocol on Climate Change.
The motion, as amended, was adopted on division.
Reports of Committees
The Senate resumed debate on the motion of the Honourable Senator Kirby, seconded by the Honourable Senator Cook, for the adoption of the Third Report (final) of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: The Health of Canadians — The Federal Role, Volume Six: Recommendations for Reform, tabled in the Senate on October 25, 2002.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Keon moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
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 a Committee) presented in the Senate earlier this day.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the Second Report of the Standing Senate Committee on Human Rights (budget—study on the American Convention on Human Rights) presented in the Senate earlier this day.
The Honourable Senator Maheu moved, seconded by the Honourable Senator Joyal, P.C., that the Report be adopted.
The question being put on the motion, it was adopted.
Consideration of the First Report of the Standing Senate Committee on Official Languages (budget of the Committee) presented in the Senate earlier this day.
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Maheu, that the Report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 2 (inquiry), 22, 73, 66 (motions), 6, 4 (inquiries), 4 (motion), 3 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lapointe, seconded by the Honourable Senator Gill:
That Rule 22 of the Rules of the Senate be amended by adding after subsection (9) the following:
"Tributes
(10) At the request of the Government Leader in the Senate or the Leader of the Opposition, the time provided for the consideration of "Senators' Statements'' shall be extended by no more than fifteen minutes on any one day for the purpose of paying tribute to a Senator or to a former Senator, and by such further time as may be taken for the response under subsection (13).
Time limits
(11) The Speaker shall advise the Senate of the amount of time to be allowed for each intervention by Senators paying tribute, which shall not exceed three minutes; a Senator may speak only once.
No leave
(12) Where a Senator seeks leave to speak after the fifteen minutes allocated for Tributes has expired, the Speaker shall not put the question.
Response
(13) After all tributes have been completed, the Senator to whom tribute is being paid may respond.
Senate Publications
(14) The tributes and response given under subsections (10) to (13) shall appear under the separate heading "Tributes'' in the Journals of the Senate and the Debates of the Senate.
No bar
(15) Nothing in this rule prevents a Senator from paying tribute to another Senator or to a former Senator at any other time allowed under these rules.
Other tributes
(16) Nothing in this rule prevents an allocation of time for tributes to persons who are not Senators or former Senators.''.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Lapointe, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Cochrane called the attention of the Senate to the state of air travel in Canada.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Bolduc, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Prud'homme, P.C., called the attention of the Senate to Canadian foreign policy on the Middle East.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Bolduc, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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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 Rompkey, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 4, 2003, at 2:00 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Canadian Commercial Corporation 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. 2/37-225.
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 7:00 p.m. the Senate was continued until Tuesday, February 4, 2003, at 2:00 p.m..)
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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 Milne, Cordy and Lapointe substituted for those of the Honourable Senators Chalifoux, Day and Fairbairn (December 12).