Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 92
Thursday, October 30, 2003
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kroft, LaPierre, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Merchant, Milne, Moore, Morin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Robertson, Robichaud, Rompkey, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, *Atkins, Austin, Bacon, Baker, *Banks, Beaudoin, Biron, Bryden, Buchanan, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Fairbairn, Finnerty, Fitzpatrick, *Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, *Kenny, Keon, Kinsella, *Kirby, Kroft, LaPierre, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, *Meighen, Merchant, Milne, Moore, Morin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poy, Prud'homme, Ringuette, Robertson, Robichaud, Rompkey, Smith, Sparrow, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, 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 2003 and Performance Reports for the period ended March 31, 2003:
Agriculture and Agri-Food Canada
Atlantic Canada Opportunities Agency
Canada Customs and Revenue Agency
Canada Economic Development for Quebec Regions
Canada Industrial Relations Board
Canadian Artists and Producers Professional Relations Tribunal
Canada Centre for Management Development
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievances Board
Canada Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Civil Aviation Tribunal of Canada
Commission for Public Complaints Against the RCMP
Communication Canada
Competition Tribunal
Copyright Board Canada
Correctional Service Canada
Department of Finance Canada
Department of Foreign Affairs and International Trade
Department of Justice Canada
Environment Canada
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources Development Canada
Immigration and Refugee Board
Indian and Northern Affairs Canada and Canadian Polar Commission
Indian Residential Schools Resolution Canada
Industry Canada
Infrastructure Canada
Law Commission of Canada
Military Police Complaints' Commission
NAFTA Secretariat, Canadian Section
National Archives of Canada
National Battlefields Commission
National Defence
National Energy Board
National Film Board
National Library of Canada
National Parole Board
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Official Languages
Office of the Correctional Investigator
Office of the Superintendent of Financial Institutions Canada
Offices of the Information and Privacy Commissioners
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office
Public Service Commission of Canada
Public Service Staff Relations Board
Public Works and Government Services Canada
Registry of the Federal Court of Canada
Royal Canadian Mounted Police
RCMP External Review Committee
Social Sciences and Humanities Research Council of Canada
Solicitor General Canada
Statistics Canada
Status of Women Canada
Supreme Court of Canada
Tax Court of Canada
Transport Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Western Economic Diversification Canada.—Sessional Paper No. 2/37-768.
Report on the Operation of the Immigration and Refugee Protection Act for the year 2003, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 94(1).—Sessional Paper No. 2-37-769.
Report of Canada Customs and Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2003, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 2/37-770.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Chalifoux, Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its Sixth Report (Final) entitled: Urban Aboriginal Youth — An Action Plan for Change.—Sessional Paper No. 2/37-771S.
The Honourable Senator Chalifoux, 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.
The Honourable Senator Kroft presented the following:
THURSDAY, October 30, 2003
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
FOURTEENTH REPORT
Your Committee, to which was referred 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, has, in obedience to the Order of Reference of Monday, June 9, 2003, examined the said Bill and now reports the same with the following amendment:
Pages 3 and 4, clause 5:
(a) Page 3: Replace line 32 with the following:
"by establishing best practices, promoting''; and
(b) Page 4: Replace line 15 with the following:
"(f) to promote and encourage ethical behav-''.
Respectfully submitted,
RICHARD H. KROFT
Chairman
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, that the Report be placed on the Orders of the Day for consideration on Monday, November 3, 2003.
The question being put on the motion, it was adopted.
The Honourable Senator Furey presented the following:
THURSDAY, October 30, 2003
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations), has, in obedience to the Order of Reference of Wednesday, October 29, 2003, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
GEORGE FUREY
Chair
APPENDIX TO THE REPORT
Observations to the Eighth Report of the Standing Senate Committee on Legal and Constitutional Affairs
Your Committee wishes it noted that the Honourable Senators Andreychuk, Beaudoin and Joyal, P.C. have strongly objected to the fact that they believe that they have been unable to adequately fulfill their legislative duties. This has occurred because of a scheduling conflict with another Senate Committee, which was sitting outside its regular time.
Your Committee is sympathetic to these members' concerns and agrees that standing committees who are meeting during their regularly scheduled time should be given priority.
Your Committee believes that this issue must be brought to the attention of the Senate in order to ensure that this situation does not occur again.
With leave of the Senate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Corbin, that the Bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
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
Reports of Committees
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Biron, for the adoption of the Ninth Report of the Standing Senate Committee on National Finance (Supplementary Estimates (A) 2003-2004), presented in the Senate on October 22, 2003.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills
Orders No. 1 and 3 were called and postponed until the next sitting.
Second reading of Bill C-36, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the Bill be read the second time.
Debate.
DEFERRED VOTE
At 3:30 p.m., pursuant to the Order adopted October 29, 2003, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Kinsella to 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.
The question was put on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Atkins, that the Bill be not now read a third time but that it be amended
(a) in clause 2
(i) on page 8, by replacing lines 27 to 32 with the following:
"include, among other things, harassment in the workplace.'', and
(ii) on page 99, by adding after line 8, the following:
"PART 2.1
PROTECTION OF WHISTLEBLOWERS
Definitions
238.1 The following definitions apply in this Part.
"Commissioner'' means the commissioner of the Public Service Commission who has been designated as Public Interest Commissioner under section 238.3.
"employee'' has the same meaning as in Part 2.
"law in force in Canada'' means a provision of an Act of Parliament or of the legislature of a province or an instrument issued under the authority of such an Act that is in force at the relevant time.
"minister'' means a member of the Queens Privy Council for Canada who holds office as a minister of the Crown.
"wrongful act or omission'' means an act or omission that is:
(a) an offence against a law in force in Canada;
(b) likely to cause a significant waste of public money;
(c) likely to endanger public health or safety or the environment;
(d) a significant breach of an established public policy or of a directive in the written record of the public service; or
(e) one of gross mismanagement or an abuse of authority.
Purpose
Purpose
238.2 The purpose of this Part is
(a) to provide for the education of persons working in the public service on ethical practices in the workplace and the promotion of the observance of these practices;
(b) to protect the public interest by providing a means for employees of the public service to make allegations, in confidence, of wrongful acts or omissions in the workplace, to an independent Commissioner who will investigate them and seek to have the situation dealt with, and who will report to Parliament in respect of problems that are confirmed but have not been dealt with; and
(c) to protect employees of the public service from retaliation for having made or for proposing to make, in good faith and on the basis of reasonable belief, allegations of wrongdoing in the workplace.
Public Interest Commissioner
Designation
238.3.(1) The Governor in Council shall designate one of the commissioners of the Public Service Commission to serve as Public Interest Commissioner.
Part of role of Commission
(2) The role of Public Interest Commissioner is a part of the function of the Public Service Commission.
Powers
(3) The Commissioner may exercise the powers of office of a commissioner of the Public Service Commission for the purposes of this Part.
Information made public
238.4 (1) Subject to section 238.9, the Commissioner may make public any information that comes to the attention of the Commissioner as a result of the performance or exercise of the Commissioner's duties or powers under this Part if, in the Commissioner's opinion, it is in the public interest to do so.
Disclosure of necessary information
(2) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information that, in the Commissioner's opinion, is necessary to
(a) conduct an investigation under this Part; or
(b) establish the grounds for findings or recommendations contained in any report made under this Part.
Disclosure in the course of proceedings
(3) The Commissioner may disclose, or may authorize any person acting on behalf or under the direction of the Commissioner to disclose, information necessary to assist
(a) a prosecution for an offence under section 238.20; or
(b) a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part.
Disclosure of offence
(4) The Commissioner may disclose to the Attorney General of Canada or of a province, as the case may be, information relating to the commission of an offence against any law in force in Canada that comes to the attention of the Commissioner as a result of the performance or exercise of the Commissioner's duties or powers under this Part if, in the Commissioner's opinion, there is evidence of an offence.
Not competent witness
238.5 The Commissioner or person acting on behalf or under the direction of the Commissioner is not a competent witness in respect of any matter that comes to their knowledge as a result of the performance or exercise of the Commissioner's duties or powers under this Part in any proceeding other than
(a) a prosecution for an offence under section 238.20; or
(b) a prosecution for an offence under section 131 of the Criminal Code (perjury) in respect of a statement made under this Part.
Protection of Commissioner
238.6 (1) No criminal or civil proceedings lie against the Commissioner, or against any person acting on behalf or under the direction of the Commissioner, for anything done, reported or said in good faith as a result of the performance or exercise or purported performance or exercise of the Commissioner's duties or powers under this Part.
Libel or slander
(2) For the purposes of any law relating to libel or slander,
(a) anything said, any information supplied or any record or thing produced in good faith and on the basis of reasonable belief in the course of an investigation carried out by or on behalf of the Commissioner under this Part is privileged; and
(b) any report made in good faith by the Commissioner under this Part and any fair and accurate account of the report made in good faith for the purpose of news reporting is privileged.
Education
Dissemination
238.7 The Commissioner shall promote ethical practices in the public service and a positive environment for giving notice of wrongdoing, by disseminating knowledge of this Part and information about its purposes and processes and by such other means as seem fit to the Commissioner.
Notice of Wrongful Act or Omission
Notice by employee
238.8 (1) An employee who has reasonable grounds to believe that another person working for the public service or in the public service workplace has committed or intends to commit a wrongful act or omission
(a) may file with the Commissioner a written notice of allegation; and
(b) may request that their identity be kept confidential with respect to the notice.
Form and content
(2) A notice under subsection (1) shall identify
(a) the employee making the allegation, and be signed by that person;
(b) the person against whom the allegation is being made; and
(c) the grounds on which the employee believes that the act or omission is wrongful and has been or will be committed, giving the particulars that are known to the employee and the reasons and the grounds on which the employee believes the particulars to be true.
No breach of oath
(3) A notice by an employee to the Commissioner under subsection (1), given in good faith and on the basis of reasonable belief, is not a breach of any oath of office or loyalty or secrecy taken by the employee and, subject to subsection (4), is not a breach of duty.
Solicitor-client privilege
(4) No employee, in giving notice under subsection (1), may violate any law in force in Canada or rule of law protecting privileged communications as between solicitor and client, unless the employee has reasonable grounds to believe there is a significant threat to public health or safety.
Waiver
(5) An employee who has made a request under paragraph (1)(b) may waive the request or any resulting right to confidentiality, in writing, at any time.
Rejected notice
(6) Where the Commissioner is not able or willing to give an assurance of confidentiality in response to a request made under paragraph (1)(b), the Commissioner may reject the notice and take no further action on it, but shall keep it confidential.
Confidentiality
238.9 Subject to subsection 238.11(5) and any other obligation of the Commissioner under this Part or any law in force in Canada, the Commissioner shall keep confidential the identity of an employee who has filed a notice with the Commissioner under subsection 238.8(1) and to whom the Commissioner has given an assurance that, subject to this Part, their identity will be kept confidential.
Initial review
238.10 On receiving a notice under subsection 238.8(1), the Commissioner shall review it, may ask the employee for further information and may make such further inquiries as, in the opinion of the Commissioner, may be necessary.
Rejected notices
238.11 (1) The Commissioner shall reject and take no further action on a notice given under subsection 238.8(1), if the Commissioner makes a preliminary determination that the notice
(a) is trivial, frivolous or vexatious;
(b) fails to allege or give adequate particulars of a wrongful act or omission;
(c) breaches subsection 238.8(4); or
(d) was not given in good faith or on the basis of reasonable belief.
False statements
(2) The Commissioner may determine that a notice that contains a statement that the employee knew to be false or misleading at the time it was made was not given in good faith.
Mistaken facts
(3) The Commissioner shall not determine that a notice was not given in good faith for the sole reason that it contains mistaken facts unless the Commissioner has grounds to believe that there was adequate opportunity for the employee to discover the mistake.
Report
(4) Where the Commissioner has made a determination under subsection (1), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection 238.8(1) of that determination.
Report to official and minister
(5) Where the Commissioner determines under subsection (1) that a notice was given in breach of subsection 238.8(4) or was not given in good faith and on the basis of reasonable belief, the Commissioner may advise
(a) the person against whom the allegation was made, and
(b) the minister responsible for the employee who gave the notice of the matters alleged and the identity of the employee.
Valid notice
238.12 (1) The Commissioner shall accept a notice given under subsection 238.8(1) where the Commissioner determines that the notice
(a) is not trivial, frivolous or vexatious;
(b) alleges and gives adequate particulars of a wrongful act or omission;
(c) does not breach subsection 238.8(4); and
(d) was given in good faith and on the basis of reasonable belief.
Report to employee
(2) Where the Commissioner has made a determination under subsection (1), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection 238.8(1) of that determination.
Investigation and Report
Investigation
238.13 (1) The Commissioner shall investigate a notice accepted under section 238.12, and, subject to subsection (2), shall prepare a written report of the Commissioner's findings and recommendations.
Report not required
(2) The Commissioner is not required to prepare a report if satisfied that
(a) the employee ought to first exhaust other procedures available to the employee;
(b) the matter could more appropriately be dealt with, initially or completely, by means of a procedure provided for under a law in force in Canada other than this Part; or
(c) the length of time that has elapsed between the time the wrongful act or omission that is the subject- matter of the notice occurred and the date when the notice was filed is such that a report would not serve a useful purpose.
Report to employee
(3) Where the Commissioner has made a determination under subsection (2), the Commissioner shall, in writing and on a timely basis, advise the employee who gave notice under subsection 238.8(1) of that determination.
Confidential information
(4) Information related to an investigation is confidential and shall not be disclosed, except in accordance with this Part.
Report to minister
(5) The Commissioner shall provide the minister responsible for the employee against whom an allegation has been made, on a timely basis and in no case later than one year after the Commissioner receives the notice, with a copy of the report made under subsection (1).
Minister's response
238.14 (1) A minister who receives a report under subsection 238.13(5) shall consider the matter and respond to the Commissioner.
Content of response
(2) The response of a minister under subsection (1) shall specify the action the minister has taken or proposes to take to deal with the Commissioner's report, or that the minister proposes to take no action.
Further responses
(3) A minister who, for the purposes of this section, specifies action proposed to be taken shall give such further responses as are requested by the Commissioner until such time as the minister advises that the matter has been dealt with.
Emergency public report
238.15 (1) The Commissioner may require the President of the Treasury Board to cause an emergency report prepared by the Commissioner to be laid before both Houses of Parliament on the next day that the House sits if, in the Commissioner's opinion, it is in the public interest to do so.
Content of report
(2) A report prepared by the Commissioner for the purposes of subsection (1) shall describe the substance of a report made to a minister under subsection 238.13(5) and the minister's response or lack thereof under section 238.14.
Annual report
238.16 (1) The Public Service Commission shall include in the annual report to Parliament made pursuant to section 23 of the Public Service Employment Act a statement of activity under this Act prepared by the Commissioner that includes
(a) a description of the Commissioner's activities under section 238.7;
(b) the number of notices received pursuant to section 238.8;
(c) the number of notices rejected pursuant to sections 238.8 and 238.11
(d) the number of notices accepted pursuant to section 238.12;
(e) the number of accepted notices that are still under investigation pursuant to subsection 238.13(1);
(f) the number of accepted notices that were reported to ministers pursuant to subsection 238.13(5);
(g) the number of reports to ministers pursuant to subsection 238.13(5) in respect of which action satisfactory to the Commissioner has been taken;
(h) the number of reports to ministers pursuant to subsection 238.13(5) in respect of which action satisfactory to the Commissioner has not been taken;
(i) an abstract of the substance of all reports to ministers pursuant to subsection 238.13(5) and the responses of ministers pursuant to section 238.14; and
(j) where the Commissioner is of the opinion that the public interest would be best served, the substance of an individual report made to a minister pursuant to subsection 238.13(5) and the response or lack thereof of a minister pursuant to section 238.14.
Annual report
(2) The Public Service Commission may include in the annual report to Parliament made pursuant to section 23 of the Public Service Employment Act an analysis of the administration and operation of this Part and any recommendations with respect to it.
Prohibitions
False information
238.17 (1) No person shall give false information to the Commissioner or to any person acting on behalf or under the direction of the Commissioner while the Commissioner or person is engaged in the performance or exercise of the Commissioner's duties or powers under this Part.
Bad faith
(2) No employee shall give a notice under subsection 238.8(1) in bad faith.
No disciplinary action
238.18 (1) No person shall take disciplinary action against an employee because
(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed or stated an intention to disclose to the Commissioner that a person working for the public service or in the public service workplace has committed or intends to commit a wrongful act or omission;
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention to refuse to commit an act or omission the employee believes would be a wrongful act or omission under this Part;
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order to comply with this Part; or
(d) the person believes that the employee will do anything referred to in paragraph (a), (b) or (c).
Definition
(2) In this section, "disciplinary action'' means any action that adversely affects the employee or any term or condition of the employee's employment or adversely affects the employee's opportunity for future employment within or outside the public service, and includes:
(a) harassment;
(b) financial penalty;
(c) affecting seniority;
(d) suspension or dismissal;
(e) denial of meaningful work or demotion;
(f) denial of a benefit of employment;
(g) refusing to give a reference; or
(h) any other action that is disadvantageous to the employee.
Rebuttable presumption
(3) A person who takes disciplinary action against an employee within two years after the employee gives a notice to the Commissioner under subsection 238.8(1) shall be presumed, in the absence of a preponderance of evidence to the contrary, to have taken the disciplinary action against the employee contrary to subsection (1).
Disclosure prohibited
238.19 (1) Except as authorized by this Part or any other law in force in Canada, no person shall disclose to any other person the name of the employee who has given a notice under subsection 238.8(1) and has requested confidentiality under that subsection, or any other information the disclosure of which reveals the employee's identity, which may include the existence or nature of a notice, without the employee's consent.
Exception
(2) Subsection (1) does not apply where the notice was given in breach of subsection 238.8(4) or was not given in good faith and on the basis of reasonable belief.
Enforcement
Offences and punishment
238.20 A person who contravenes subsection 238.8(4), section 238.17, or subsection 238.18(1) or 238.19(1) is guilty of an offence and liable on summary conviction to a fine not exceeding $10,000.
Employee Recourse
Recourse available
238.21 (1) An employee against whom disciplinary action is taken contrary to section 238.18 is entitled to use every recourse available to the employee under the law, including grievance proceedings provided for under an Act of Parliament or otherwise.
Recourse not lost
(2) An employee may seek recourse as described in subsection (1) whether or not proceedings based upon the same allegations of fact are or may be brought under section 238.20.
Benefit of presumption
(3) In any proceedings of a recourse referred to in subsection (1), the employee is entitled to the benefit of the presumption established in subsection 238.18(3).
Transitional
(4) Where grievance proceedings are current or pending on the coming into force of this Part, the proceedings shall be dealt with and disposed of as if this Part had not been enacted.''; and
(b) in clause 8 on page 108,
(i) by striking out lines 13 to 20, and
(ii) by relettering paragraphs 11.1(1)(i) and 11.1(1)(j) as paragraphs 11.1(1)(h) and 11.1(1)(i) and any cross references thereto accordingly; and
(c) in clause 88 on page 193, by adding after line 17, the following:
"88.1 Schedule II to the Act is amended by adding the following in alphabetical order:
Public Service Labour Relations Act
section 238.9, subsection 238.13(4), section 238.19Loi sur les relations de travail dans la fonction publique
article 238.9, paragraphe 238.13(4), article 238.19.''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Beaudoin, Cochrane, Comeau, Di Nino, Doody, Gustafson, Johnson, Keon, Kinsella, LeBreton, Lynch- Staunton, Oliver, Prud'homme, Robertson, Spivak, Tkachuk—17
NAYS
The Honourable Senators
Adams, Bacon, Biron, Bryden, Callbeck, Carstairs, Chalifoux, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, DeBané, Downe, Fairbairn, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Grafstein, Graham, Harb, Hervieux- Payette, Hubley, Jaffer, Joyal, Kroft, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, Merchant, Milne, Moore, Morin, Pearson, Pépin, Phalen, Plamondon, Poy, Ringuette, Robichaud, Rompkey, Smith, Sparrow, Stollery, Trenholme Counsell—53
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill C-36, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence.
After debate,
The Honourable Senator Kinsella for the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
_______________________________________________________________
A Point of Order was raised concerning activities of the Standing Committee on Rules, Procedures and the Rights of Parliament respecting its study of Bill C-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence.
After debate,
The Speaker reserved his decision.
MESSAGE FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-32, An Act to amend the Criminal Code and 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.
Bills
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.
After debate,
In amendment, the Honourable Senator Oliver moved, seconded by the Honourable Senator Robertson, that the Bill be not now read a third time but that it be amended
(a) in clause 2
(i) on page 88, by replacing lines 37 to 40 with the following:
"(2) The Canadian Human Rights Commission may deal with an issue referred to in subsection (1), if it is of the opinion that it is in the public interest to do so, as if the issue were a complaint under the Canadian Human Rights Act, and the adjudication proceedings shall be suspended on the request of the Canadian Human Rights Commission.
(3) If the Canadian Human Rights Commission does not decide to proceed with the issue as a complaint under the Canadian Human Rights Act within 30 days after the adjudication proceedings are suspended, the adjudication proceedings shall be resumed.'',
(ii) on page 91, by replacing lines 9 to 12 with the following:
"(2) The Canadian Human Rights Commission may deal with an issue referred to in subsection (1), if it is of the opinion that it is in the public interest to do so, as if the issue were a complaint under the Canadian Human Rights Act, and the adjudication proceedings shall be suspended on the request of the Canadian Human Rights Commission.
(3) If the Canadian Human Rights Commission does not decide to proceed with the issue as a complaint under the Canadian Human Rights Act within 30 days after the adjudication proceedings are suspended, the adjudication proceedings shall be resumed.'', and
(iii) on page 92, by replacing lines 26 to 29 with the following:
"(2) The Canadian Human Rights Commission may deal with an issue referred to in subsection (1), if it is of the opinion that it is in the public interest to do so, as if the issue were a complaint under the Canadian Human Rights Act, and the adjudication proceedings shall be suspended on the request of the Canadian Human Rights Commission.
(3) If the Canadian Human Rights Commission does not decide to proceed with the issue as a complaint under the Canadian Human Rights Act within 30 days after the adjudication proceedings are suspended, the adjudication proceedings shall be resumed.''; and
(b) In clause 12, on page 139, by replacing lines 1 to 4 with the following:
"(6) The Canadian Human Rights Commission may deal with an issue referred to in subsection (5), if it is of the opinion that it is in the public interest to do so, as if the issue were a complaint under the Canadian Human Rights Act, and the proceedings before the Tribunal shall be suspended on the request of the Canadian Human Rights Commission.
(6.1) If the Canadian Human Rights Commission does not decide to proceed with the issue as a complaint under the Canadian Human Rights Act within 30 days after the proceedings before the Tribunal are suspended, the proceedings before the Tribunal shall be resumed.''.
After debate,
The question was put on the motion in amendment.
With leave of the Senate, a standing vote was deferred until 4:00 p.m. on Monday, November 3, 2003, with the bells to sound at 3:30 p.m. for thirty minutes.
Order No. 5 was called and postponed until the next sitting.
Second reading of Bill C-13, An Act respecting assisted human reproduction and related research.
The Honourable Senator Morin moved, seconded by the Honourable Senator Gauthier, that the Bill be read the second time.
After debate,
The Honourable Senator Keon 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.
Order No. 7 was called and postponed until the next sitting.
Third reading of Bill C-45, An Act to amend the Criminal Code (criminal liability of organizations).
The Honourable Senator Moore moved, seconded by the Honourable Senator Bacon, 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.
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Ordered, That all remaining Orders be 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 Milne:
That when the Senate adjourns today, it do stand adjourned until Monday, November 3, 2003, at 2:00 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Smith, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:04 p.m. the Senate was continued until Monday, November 3, 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 names of the Honourable Senators Meighen, Kelleher and Oliver substituted for those of the Honourable Senators Eyton, Oliver and Meighen (October 29).
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Kolber (October 30).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Baker removed from the membership (October 29).
Standing Senate Committee on Human Rights
The name of the Honourable Senator Chalifoux substituted for that of the Honourable Senator Chaput (October 30).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Jaffer (October 30).