Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 84
Thursday, October 9, 2003
1:30 p.m.
The Honourable Lucie Pépin, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Angus, Austin, Bacon, Beaudoin, Biron, Bryden, Callbeck, Chalifoux, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Keon, Kinsella, Kirby, LaPierre, Lapointe, Lavigne, LeBreton, Léger, Lynch-Staunton, Mahovlich, Massicotte, Moore, Morin, Nolin, Pearson, Pépin, Phalen, Plamondon, Prud'homme, Rivest, Robichaud, Roche, St. Germain, Sibbeston, Sparrow, Stollery, Tkachuk, Trenholme Counsell, Watt, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Angus, Austin, Bacon, *Banks, Beaudoin, Biron, Bryden, *Buchanan, Callbeck, Chalifoux, *Christensen, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Ferretti Barth, *Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, *Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, *Kenny, Keon, Kinsella, Kirby, LaPierre, Lapointe, Lavigne, LeBreton, Léger, Lynch-Staunton, Mahovlich, Massicotte, *Merchant, *Milne, Moore, Morin, Nolin, *Oliver, Pearson, Pépin, Phalen, Plamondon, Prud'homme, Rivest, Robichaud, Roche, *Rompkey, St. Germain, Sibbeston, *Smith, Sparrow, Stollery, Tkachuk, Trenholme Counsell, Watt, Wiebe
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Bacon tabled the following:
Report of the Canadian Section of the Canada-France Inter-Parliamentary Association respecting its participation at the 32nd Annual Meeting, held in Paris, Angers and Vannes, France, from July 6 to 15, 2003.—Sessional Paper No. 2/37-737.
Presentation of Petitions
The Honourable Senator Gauthier presented petitions:
Of Residents of the Provinces of Ontario and Quebec with respect to declaring Ottawa officially bilingual.
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 Austin, P.C., seconded by the Honourable Senator Joyal, P.C., for the third reading of Bill C-6, An Act to establish the Canadian Centre for the Independent Resolution of First Nations Specific Claims to provide for the filing, negotiation and resolution of specific claims and to make related amendments to other Acts, as amended,
And on the motion in amendment of the Honourable Senator Gill, seconded by the Honourable Senator Watt, that Bill C-6 be not now read the third time, but that it be read a third time this day six months hence.
After debate,
The Honourable Senator Adams moved, seconded by the Honourable Senator Watt, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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The Honourable Senator Kinsella moved, seconded by the Honourable Senator Lynch-Staunton:
That the Senate do now adjourn.
The question being put on the motion, it was negatived on division.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Harb, for the third reading of 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,
And on the motion in amendment of the Honourable Senator Beaudoin, seconded by the Honourable Senator Comeau, that the Bill be not now read a third time but that it be amended in clause 12, on page 126, by replacing lines 8 to 12 with the following:
"30. (1) Appointments by the Commission to or from within the public service shall be free from political influence and shall be made on the basis of merit by competition or by such other process of personnel selection designed to establish the relative merit of candidates as the Commission considers is in the best interests of the public service.
(1.1) Despite subsection (1), an appointment may be made on the basis of individual merit in the circumstances prescribed by the regulations of the Commission.
(2) An appointment is made on the basis of individual'',
And on the subamendment of the Honourable Senator Di Nino, seconded by the Honourable Senator Nolin, that the motion in amendment be amended
(a) by replacing the words "on page 126, by replacing lines 8 to 12'' with the following:
"(a) on page 126, by replacing lines 8 to 11'';
(b) by adding after the words "free from political influence'' the following:
"and bureaucratic patronage''; and
(c) by replacing the words "of the Commission. (2) An appointment is made on the basis of individual'' with the following:
"of the Commission.''; and
(b) on page 127, by adding after line 9 the following:
"(3) The qualifications referred to in paragraph 30(2)(a) and subparagraph 30(2)(b)(i), and any qualification standards referred to in subsection (1), that are established for an appointment in respect of a particular position or class of positions shall apply to future appointments in respect of that position or class of positions, unless any change established by the deputy head or employer to the qualifications or qualification standards, as the case may be, is approved by the Public Service Commission.''.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin, that further debate on the subamendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 4 and 5 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 13 were called and postponed until the next sitting.
Other
Orders No. 26, 6, 14, 25, 15 (inquiries), 147, 92 (motions), 23 (inquiry), 146 (motion), 22 (inquiry), 66, 86 (motions), 9 (inquiry), 130 (motion), 2, 16 (inquiries) and 115 (motion) were called and postponed until the next sitting.
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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 Graham, P.C.:
That when the Senate adjourns today, it do stand adjourned until Monday, October 20, 2003, at 2:00 p.m.
After debate,
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Order in Council P.C. 2003-1374 dated September 18, 2003, concerning the approval of the Protocol and of the diplomatic notes annexed to the Protocol intended to amend the Convention between Canada and the United Kingdom of Great Britain and Northern Ireland for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital gains, pursuant to the Income Tax Conventions Act, 1980, S.C. 1980, c. 44, Part XI, sbs. 33(1).—Sessional Paper No. 2/37-736.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:08 p.m. the Senate was continued until Monday, October 20, 2003, at 2:00 p.m.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Harb substituted for that of the Honourable Senator Fitzpatrick (October 8).