Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 61
Tuesday, June 3, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Merchant, Milne, Moore, Morin, Murray, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Beaudoin, Biron, Bolduc, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, *Keon, Kinsella, Kirby, Kolber, Kroft, LaPierre, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Merchant, Milne, Moore, Morin, Murray, *Pearson, Pépin, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, St. Germain, Setlakwe, Sibbeston, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Watt
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, 2003, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 38.—Sessional Paper No. 2/37-461.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
TUESDAY, June 3, 2003
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FOURTH REPORT
Your Committee, to which was referred Bill S-5, An Act respecting a National Acadian Day, has, in obedience to the Order of Reference of Tuesday, October 8, 2002, examined the said Bill and now reports the same with the following amendments:
1. Page 1, in the Preamble:
(a) Replace line 1 with the following:
"WHEREAS Acadians, in view of their origin, history and development, constitute the first permanent settlement from France in Canada and now reside in most of the provinces and territories of Canada;
WHEREAS the Acadian people have''; and
(b) Add after line 10 the following:
"WHEREAS it is in the interest of all Canadians to be able to share in the rich historical and cultural heritage of Acadians and to become more familiar with all its aspects, both traditional and contemporary;''.
2. Page 1, clause 2: Replace line 20 with the following:
"2. In this Act, "National'' means that it relates to all Canadians throughout Canada.
3. Throughout Canada, in each and every''.
Respectfully submitted,
GEORGE FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Léger, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-39, An Act to amend the Members of Parliament Retiring Allowances Act and the Parliament of Canada Act, 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 Rompkey, 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.
Reading of Petitions for Private Bills
The Second Report of the Examiner of Petitions for Private Bills was tabled (Sessional Paper No. 2/37-462S) and reads as follows:—
TUESDAY, June 3, 2003
Pursuant to Rule 107(2), the Examiner of Petitions for Private Bills has the honour to present her
SECOND REPORT
Your Examiner has duly examined the following petition and finds that the requirements of the Rules of the Senate have been complied with in all material respects:-
Of Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners, of the City of Toronto, in the Province of Ontario; praying for the passage of an Act to amalgamate and continue in existence as one corporation under the name The Financial Advisors Association of Canada or such other name as acceptable to the Parliament of Canada.
Respectfully submitted,
HEATHER P. LANK
Examiner of Petitions for Private Bills
The following petition was read and received:—
Of Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners, of the City of Toronto, in the Province of Ontario; praying for the passage of an Act to amalgamate and continue in existence as one corporation under the name The Financial Advisors Association of Canada or such other name as acceptable to the Parliament of Canada.
Introduction and First Reading of Private Bills
The Honourable Senator Kirby presented a Bill S-21, An Act to amalgamate the Canadian Association of Insurance and Financial Advisors and The Canadian Association of Financial Planners under the name The Financial Advisors Association of Canada.
The Bill was read the first time.
The Honourable Senator Kirby moved, seconded by the Honourable Senator Grafstein, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting, on division.
Orders No. 2 and 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Banks, for the second reading of Bill S-3, An Act to amend the National Anthem Act to include all Canadians.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Adams, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5 to 9 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Milne, for the second reading of Bill C-300, An Act to change the names of certain electoral districts.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Bryden, 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.
Private Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the adoption of the Seventh Report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendment to Rule 131—request for Government response) presented in the Senate on February 4, 2003,
And on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Milne, that subsection (3) of the Committee's recommendations to amend Rule 131 of the Rules of the Senate be further amended by replacing the words "communicate the request to the Government Leader who'' with the following:
"immediately communicate the request, and send a copy of the report, to the Government Leader and to each Minister of the Crown expressly identified in the report or in the motion as a Minister responsible for responding to the report, and the Government Leader'',
And on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Prud'homme, P.C., that the motion for the adoption of the Seventh Report of the Standing Committee on Rules, Procedures and the Rights of Parliament and its motion in amendment be not now adopted, but be referred back to the Standing Committee for further study and report.
After debate,
The question being put on the motion, it was negatived.
The question being put on the motion in amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Milne, it was adopted.
The question then being put on the main motion of the Honourable Senator Milne, seconded by the Honourable Senator Chalifoux, for the adoption of the Seventh Report, as amended, of the Standing Committee on Rules, Procedures and the Rights of Parliament, it was adopted on division.
Order No. 5 was called and postponed until the next sitting.
Resuming debate on the consideration of the Sixth Report of the Standing Senate Committee on Banking, Trade and Commerce entitled: Competition in the Public Interest: Large Bank Mergers in Canada, tabled in the Senate on December 12, 2002.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Tkachuk, that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 7 and 8 were called and postponed until the next sitting.
Resuming debate on the consideration of the Fourth Report of the Standing Senate Committee on National Security and Defence (study on the proposal of the Valiants Group) tabled in the Senate on December 12, 2002.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the consideration of the Report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 10 was called and postponed until the next sitting.
Other
Orders No. 17 and 6 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Atkins:
That the Senate call on the Government of Canada to support the request of the Government of Taiwan to obtain observer status at the World Health Organization (WHO).
After debate,
The Honourable Senator Andreychuk for the Honourable Senator Poy 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.
Orders No. 11 (inquiry), 108 (motion), 15, 21 (inquiries), 92 (motion), 22 (inquiry), 91 (motion), 13 (inquiry), 86, 5 (motions), 8, 20 (inquiries), 104 (motion) and 9 (inquiry) were called and postponed until the next sitting.
Ordered, That Order No. 13 (inquiry) be again called.
Resuming debate on the inquiry of the Honourable Senator Gauthier calling the attention of the Senate to the demo-linguistic data in the 2001 Census dealing with Canada's language profile and many other useful facts of national importance.
Debate concluded.
MESSAGES FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-31, An Act to amend the Pension Act and the Royal Canadian Mounted Police Superannuation Act, 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 Rompkey, 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.
A Message was brought from the House of Commons with a Bill C-25, An Act to modernize employment and labour relations in the public service and to amend the Financial Administration Act and the Canadian Centre for Management Development Act and to make consequential amendments to other Acts, 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 Rompkey, 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.
Other
Orders No. 4 (motion), 2, 14 (inquiries), 76 and 66 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Gill calling the attention of the Senate to the issues of the common approach (negotiations) with the Innu (Montagnais) of Quebec, Quebec and Canada with respect to the current discussions.
After debate,
The Honourable Senator Watt moved, seconded by the Honourable Senator Cordy, 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 Setlakwe moved, seconded by the Honourable Senator Gill:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to study and report upon the annual report, mission and corporate plan of the Business Development Bank of Canada and other related matters; and
That the Committee submit its final report no later than December 18, 2003.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella:
That the Senate resolve itself into Committee of the Whole in order to receive Jane Billings, from the Department of Public Works and Government Services, and Alan Williams, from the Department of National Defence, for a briefing on the procurement process for the Maritime Helicopter Project in light of developments since their appearance before Committee of the Whole on October 30, 2001.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Rompkey, P.C.:
That, notwithstanding the Order of the Senate adopted on October 29, 2002, the date for the final report by the Standing Senate Committee on Aboriginal Peoples on its study of issues affecting urban Aboriginal youth be extended from June 27, 2003, to October 30, 2003.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Chalifoux for the Honourable Senator Oliver moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Standing Senate Committee on Agriculture and Forestry be authorized to hear from the Minister of Agriculture and Agri-Food and his officials in order to receive a briefing on incidences of bovine spongiform encephalophy in Canada; and
That the Committee submit its final report no later than November 27, 2003.
The question being put on the motion, it was adopted.
Ordered, That Order No. 7 under ORDERS OF THE DAY, OTHER BUSINESS, Senate Public Bills, be again called.
Resuming debate on the motion of the Honourable Senator Oliver, seconded by the Honourable Senator Stratton, for the second reading of Bill S-16, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Fairbairn, 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 DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on transportation in Canada for the year 2002, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 2/37-457.
Summary of the Corporate Plan for 2003-2004 to 2007-2008 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-458.
Summaries of the Corporate Plan for 2003-2004 to 2007-2008 and of the Operating and Capital Budgets for 2003- 2004 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-459.
Summaries of the Corporate Plan for 2003-2007 and of the Capital Budget for 2003 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 2/37-460.
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 4:40 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Corbin (May 30).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Corbin (June 2).