Journals of the Senate
52 Elizabeth II, A.D. 2003, Canada
Journals of the Senate
2nd Session, 37th Parliament
Issue 93
Monday, November 3, 2003
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Merchant, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Trenholme Counsell, Wiebe
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Bacon, Baker, Banks, Beaudoin, Biron, Bryden, Callbeck, Carney, Carstairs, Chalifoux, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Day, De Bané, Di Nino, Doody, Downe, Eyton, Fairbairn, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Hubley, *Jaffer, Johnson, Joyal, Kelleher, Kenny, Keon, Kinsella, *Kirby, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Meighen, Merchant, Milne, Moore, Morin, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robertson, Robichaud, Roche, Rompkey, Smith, Sparrow, Spivak, St. Germain, Stollery, Stratton, Trenholme Counsell, Wiebe
PRAYERS
SENATORS' STATEMENTS
Pursuant to Rule 43(7), the Honourable Senator Kinsella gave notice that he would raise a question of privilege in respect to a meeting of the Standing Committee on Rules, Procedures and the Rights of Parliament on Friday, October 31, 2003, even though the Speaker had not yet ruled on the Point of Order raised on Thursday, October 30, 2003, respecting the process under which committees may sit outside their designated time slots.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Milne presented the following:
MONDAY, November 3, 2003
The Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
TWELFTH REPORT
Your Committee, to which was referred Bill C-34, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence, has in obedience to the Order of Reference of October 27, 2003, examined the said Bill and now reports the same without amendment.
Your Committee notes that it instructed the Law Clerk and Parliamentary Counsel to make a clerical correction in the parchment, on page 14, in clause 12, on line 26, of the English version, by replacing the words `Ethics Commissioner' with the words `Senate Ethics Officer'.
Respectfully submitted,
LORNA MILNE
Chair
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Milne, that the Bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted, on division.
First Reading of Commons Public Bills
A Message was brought from the House of Commons with a Bill C-260, An Act to amend the Hazardous Products Act (fire-safe cigarettes), 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Poulin tabled the following:
Report of the Canada-Japan Inter-Parliamentary Group respecting its participation at the 24th General Assembly of the ASEAN Inter-Parliamentary Organization, held in Jakarta, Indonesia, from September 7 to 12, 2003.—Sessional Paper No. 2/37-781.
SPEAKER'S RULING
Honourable Senators, you will recall that last Thursday, October 30, Senator Kinsella rose on a point of order to complain about a meeting of the Standing Committee on Rules, Procedures and the Rights of Parliament earlier that day. The committee met at 10:00 a.m. to hear two witnesses on Bill C-34, which seeks to amend the Parliament of Canada Act for the purpose of establishing separate ethics officers for the Senate and the House of Commons. Senator Kinsella's objection had to do with the fact that the committee meeting was outside its usual time slot and that, as a consequence, none of the Opposition members of the committee were able to fully attend the meeting because of conflicting schedules. The Deputy Leader of the Opposition claimed that what had occurred violated the traditional practices, customs and usages of the Senate. In raising his point of order, Senator Kinsella urged me to take this into account and to find that the Thursday morning meeting of the Rules Committee was "illegally constituted''.
Other Senators spoke in favour of the position taken by Senator Kinsella. Senator Lynch-Staunton objected to the fact that all but one of the Opposition members of the committee were not consulted about the Thursday morning meeting. As the Leader of the Opposition put it: "What we resent, and perhaps it is allowed by the rules, is that a committee chair, with the support of one member of the steering committee, can unilaterally disrupt the schedule of the committee and have it sit at a time of his or her choosing. Maybe that is done and can be done, but surely basic courtesy and our custom and hopefully respect for each other should not allow that to be done.''
Senator Cools also participated in the discussion on the point of order. Among the issues that the Senator raised was the fact that, in her understanding, a committee can meet outside its agreed upon time slot only by decision of the entire committee; it is not a decision that can be made by the steering committee alone. In separate statements, Senator Joyal and Senator Andreychuk objected to the difficulty they had in balancing their commitments to committees that meet at the same time. Such conflicts, they explained made it impossible for them to meet their responsibilities effectively. Taking note of what had occurred last Thursday, Senator Andreychuk stated that "The rules must be read in line with what is fair, just and appropriate. The rules are not there simply to be taken advantage of.'' Senator Grafstein also expressed his discomfort with what had occurred. Finally Senator Kinsella reiterated his view that I as Speaker need to take into account practice, custom and usage because not everything is captured in the Rules of the Senate.
Senator Carstairs, the Leader of the Government, and Senator Milne, the Chair of the Committee on Rules, Procedures and the Rights of Parliament also spoke to the point of order. Claiming that there was no point of order, the Leader of the Government took note of the fact that meeting conflicts are not uncommon particularly when a great number of committees are sitting. Despite this reality, Senator Carstairs went on to explain that attempts are made to minimize these conflicts and to accommodate the interests of Senators, especially early on when the Committee of Selection first establishes the membership of all standing committees. Nonetheless, as Senator Carstairs said conflicts will inevitably arise due to a variety of factors; it is the nature of the parliamentary system. As the Leader of the Government explained in concluding her intervention: "The other side clearly does not like what happened. I can respect that they do not like it; but frankly, that does not give them a point of order.''
For her part, Senator Milne explained that the steering committee of Rules had been empowered by the committee to set the agenda and schedule hearings. This authorization, as the Senator stated, did not restrict the committee to meet only within its allotted time slot. According to Senator Milne, the decision to meet on Thursday was made by the steering committee on Tuesday of last week though, unfortunately, it was not announced to the committee at its Wednesday meeting. Nonetheless, as Senator Milne pointed out, proper notice was given of the meeting and the Rules of the Senate were fully respected.
I wish to thank all Honourable Senators for their participation in the discussion that took place last Thursday. As you may recall, I left the Chair briefly following the exchanges on the point of order to consider my decision. I was prepared to rule on the question, but circumstances intervened to keep me from doing this. I have taken advantage of the additional time and am prepared to make my ruling now.
In considering my decision, I am mindful that I have been urged to take into account the customs, practices and usages of the Senate. I am asked not to rely exclusively on the Rules of the Senate. There is no doubt that our way of doing things in the Senate does not depend just on the written rules. What goes on here and how we work is due, in large measure, to cooperation, collegiality and mutual respect. The Senate traditionally prides itself on its ability to work through consensus when it can. Even when it cannot, it is rare for the Senate to give way to partisan bickering and harsh confrontations pitting the Government against the Opposition and possibly others in some cases in a show of force.
At the outset of his point of order, Senator Kinsella recognized the relative importance of practice in comparison to the rules. As he put it, "unless there is an explicit rule to trump a practice, the custom must be respected.'' This is good advice and I have tried to follow it. At the same time, I have noted that several Senators, including both Leaders, have recognized that no explicit rules of the Senate were violated when the Rules Committee held its meeting last Thursday morning. The issue, as Senator Lynch-Staunton said, is one of respect and courtesy and this goes back to the usual approach the Senate takes to conducting its business. As Speaker, however, I do not have the authority to impose cooperation. This is something that can only be achieved by Senators themselves. Whatever the merits of the grievance, my task is to interpret the rules as best I can and to exercise what authority I have in the best interests of the Senate.
Based on the arguments that were presented, there is no reason for me to intervene in this extraordinary way to nullify the proceedings of the Thursday morning meeting of the Rules Committee. Indeed, I do not believe that I have such authority. So far as I can assess it, there was nothing "illegal'' about the meeting of the Rules Committee. The proper rules have been observed. Notice of the meeting was given and quorum was present. The Opposition has indicated its objections, and several Senators have complained about the conflicts that arose from simultaneous and overlapping committee meetings. Such conflicts are indeed frustrating and can lead to a genuine sense of grievance. However, there is nothing that I can do as Speaker since the Rules of the Senate were not breached.
Comments have been made that the Opposition whip did not consent to the Rules Committee meeting outside of its time slot. It has been acknowledged that the consent of both whips is usually obtained before a committee holds a meeting outside its time slot. This is a practice or custom that has developed in recent years to accommodate the interests of the Government and the Opposition as well as Senators generally. It is not a practice that involves the Speaker. I should also observe that it is not a practice that has been incorporated into the Senate's Rules. The Senate has not sought to formalize this practice by making a part of our Rules. It is thus beyond the scope of my authority to enforce.
As was mentioned last Thursday, committees are generally masters of their own procedures. Beauchesne 6th edition at citation 760(3) states that the Speaker of the other place has ruled many times "that it is not competent for the Speaker to exercise procedural control over committees.'' I feel that this is no less true here in the Senate absent any violation of an explicit Senate rule.
There is, therefore, no point of order.
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 question being put on the motion, it was adopted on division.
Bills
Orders No. 1, 3 and 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Smith, P.C., seconded by the Honourable Senator Léger, for the second reading of Bill C-49, An Act respecting the effective date of the representation order of 2003.
After debate,
The Honourable Senator Stratton for the Honourable Senator Di Nino moved, seconded by the Honourable Senator Atkins, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill C-55, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 2004.
The Honourable Senator Day moved, seconded by the Honourable Senator Léger, that the Bill be read the second time.
After debate,
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
DEFERRED VOTE
At 4:00 p.m., pursuant to the Order adopted October 30, 2003, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Oliver 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 Oliver, 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.''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Atkins, Beaudoin, Di Nino, Doody, Forrestall, Johnson, Kelleher, Keon, Kinsella, Lawson, LeBreton, Lynch-Staunton, Meighen, Nolin, Oliver, Prud'homme, Rivest, Robertson, Spivak, Stratton—21
NAYS
The Honourable Senators
Adams, Bacon, Banks, Biron, Bryden, Callbeck, Chalifoux, Chaput, Cook, Cools, Corbin, Cordy, Day, De Bané, Downe, Fairbairn, Finnerty, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hervieux-Payette, Hubley, Joyal, Kenny, Kolber, Kroft, LaPierre, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Mahovlich, Merchant, Milne, Morin, Pearson, Phalen, Plamondon, Poulin, Poy, Ringuette, Robichaud, Rompkey, Smith, Sparrow, Trenholme Counsell, Wiebe—52
ABSTENTIONS
The Honourable Senators
Roche—1
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,
The Honourable Senator Cools moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on division.
Orders No. 7 and 8 were called and postponed until the next sitting.
Reports of Committees
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Poy, seconded by the Honourable Senator Milne, for the third reading of Bill S-3, An Act to amend the National Anthem Act to include all Canadians.
After debate,
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 to 8 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Poulin, seconded by the Honourable Senator Fairbairn, P.C., for the second reading of Bill C-459, An Act to establish Holocaust Memorial Day.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Grafstein, that the Bill be referred to a Committee of the Whole presently.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
The Senate was accordingly adjourned during pleasure and put into a Committee of the Whole on the Bill C-459, An Act to establish Holocaust Memorial Day, the Honourable Senator Pépin in the Chair.
—In the Committee—
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Committee rise, that the Chair report that Rule 13(1) be suspended and ask leave to sit again.
The question being put on the motion, it was adopted.
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The sitting of the Senate resumed.
The Chair of the Committee reported that it recommends Rule 13(1) be suspended and that the Committee have leave to sit again later this day.
Ordered: That Rule 13(1) be suspended and that the Committee of the Whole have leave to sit again later this day.
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With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C.:
That the Standing Senate Committee on Official Languages have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
COMMITTEE OF THE WHOLE
Pursuant to the Order adopted earlier this day, the Senate was adjourned during pleasure and again put into a Committee of the Whole on the Bill C-459, the Honourable Senator Pépin in the Chair.
—In the Committee—
Debate.
The title of the Bill was read and postponed.
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The preamble to the Bill, was read and postponed.
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Clause 1, the short title of the Bill, was read and postponed.
_________________________________________________________
Clause 2 of the Bill was read.
The question of concurrence being put on Clause 2 of the Bill, it was adopted.
_________________________________________________________
Clause 1, the short title of the Bill, was again read.
The question of concurrence being put on Clause 1, the short title of the Bill, it was adopted.
_________________________________________________________
The preamble to the Bill, was again read.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Kinsella:
That the Bill be amended at page 1, line 18, by replacing the words "House of Commons'' by the words "Parliament of Canada''.
The question being put on the motion, it was adopted.
The question of concurrence being put on the preamble to the Bill, as amended, it was adopted.
_________________________________________________________
The title of the Bill was again read.
The question of concurrence being put on the title of the Bill, it was adopted.
_________________________________________________________
The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined Bill C-459 and had directed her to report the same to the Senate, with an amendment.
The amendment was then read by one of the Clerks at the Table, as follows:
Page 1, preamble, line 18: Replace the words "House of Commons'' by the words "Parliament of Canada''.
With leave of the Senate,
The Honourable Senator Poulin moved, seconded by the Honourable Senator Fairbairn, P.C., that the Report be adopted now.
The question being put on the motion, it was adopted.
The Honourable Senator Poulin moved, seconded by the Honourable Senator Fairbairn, P.C., that the Bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Mahovlich, for the second reading of Bill C-250, An Act to amend the Criminal Code (hate propaganda).
After debate,
The Honourable Senator Stratton for the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees
Orders No. 1 to 12 were called and postponed until the next sitting.
Consideration of the Sixth Report (Final) of the Standing Senate Committee on Aboriginal Peoples entitled: Urban Aboriginal Youth — An Action Plan for Change, tabled in the Senate on October 30, 2003.
The Honourable Senator Chalifoux moved, seconded by the Honourable Senator Milne, that the Sixth Report of the Standing Senate Committee on Aboriginal Peoples be adopted and that, pursuant to Rule 131(2), the Senate request a complete and detailed response from the Government, with the Ministers of Indian Affairs and Northern Development, Justice, Human Resources Development, Canadian Heritage, Health, and Industry; the Solicitor General; and the Federal Interlocutor for Métis and Non-status Indians being identified as Ministers responsible for responding to the Report.
After debate,
The Honourable Senator Stratton for the Honourable Senator Johnson moved, seconded by the Honourable Senator Di Nino, 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 Fourteenth Report of the Standing Senate Committee on Banking, Trade and Commerce (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, with an amendment) presented in the Senate on October 30, 2003.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, that the Report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Kroft moved, seconded by the Honourable Senator Moore, that the Bill, as amended, be placed on the Order of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 26 and 14 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Roche, seconded by the Honourable Senator Plamondon:
That the Senate of Canada recommend that the Government of Canada refuse to participate in the U.S.-sponsored Ballistic Missile Defence (BMD) system, because:
1. It will undermine Canada's longstanding policy on the non-weaponization of space by giving implicit, if not explicit, support to U.S. policies to develop and deploy weapons in space;
2. It will further integrate Canadian and American military forces and policy without meaningful Canadian input into the substance of those policies;
3. It will make the world, including Canada, not more secure but less secure.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Poulin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2, 16 (inquiries) 115, 148 (motions), 6, 25 and 15 (inquiries), were called and postponed until the next sitting.
The Order was called to resume debate on the motion of the Honourable Senator Stollery, seconded by the Honourable Senator Watt:
That the Standing Senate Committee on Foreign Affairs, in accordance with Rule 95(3)a) of the Rules of the Senate, be empowered to sit on October 14 and 15, 2003, even though the Senate may then be adjourned for a period exceeding one week.
Ordered, That the Order be discharged and the motion withdrawn.
Resuming debate on the motion of the Honourable Senator Gauthier, seconded by the Honourable Senator Fraser:
That the Senate approve the radio and television broadcasting of its proceedings and those of its committees, with closed-captioning in real time, on principles analogous to those regulating the publication of the official record of its deliberations; and
That a special committee, composed of five Senators, be appointed to oversee the implementation of this resolution,
And on the motion in amendment of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Gauthier, that the motion be referred to the Standing Committee on Internal Economy, Budgets and Administration; and
That the Committee report no later than May 27, 2004.
The question being put on the motion in amendment, it was adopted on division.
The question then being put on the main motion, as amended, it was adopted on division.
Orders No. 23, 22 (inquiries), 66, 86 (motions), 9 (inquiry) and 130 (motion) were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to Rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Kinsella in respect to a meeting of the Standing Committee on Rules, Procedures and the Rights of Parliament on Friday, October 31, 2003, even though the Speaker had not yet ruled on the Point of Order raised on Thursday, October 30, 2003, respecting the process under which committees may sit outside their designated time slots.
After debate,
The Speaker reserved his decision.
MOTIONS
The Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Kinsella:
That, for the remainder of the current session, when the Senate sits on a Wednesday it do adjourn no later than 4:00 p.m.;
That, if the business of the Senate has not been completed at 4:00 p.m., the Speaker shall interrupt the proceedings and the Senate will remain suspended until 8:00 p.m.; and
That, should a vote be deferred on a Wednesday until 5:30 p.m. the same day, the Speaker shall interrupt the proceedings at 4:00 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred vote.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was modified to read as follows:
That, for the remainder of the current session, when the Senate sits on a Wednesday it do suspend no later than 4:00 p.m.;
That, if the business of the Senate has not been completed at 4:00 p.m., the Speaker shall interrupt the proceedings and the Senate will remain suspended until 8:00 p.m. so as to allow the committees to sit; and
That, should a vote be deferred on a Wednesday until 5:30 p.m. the same day, the Speaker shall interrupt the proceedings at 4:00 p.m. to suspend the sitting until 5:30 p.m. for the taking of the deferred vote.
The question being put on the motion, as modified, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for the period 2004-2008 and of the Operating and Capital Budgets for 2004 of the Blue Water Bridge Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-772.
Actuarial Report (including Cost Certificate) on the Pensions Plan for the Public Service of Canada, as at March 31, 2002, and certificate of assets of the Pension Plan, pursuant to the Public Pension Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1). —Sessional Paper No. 2/37-773.
Actuarial Report (including Cost Certificate) on the Pension Plan for the Royal Canadian Mounted Police, as at March 31, 2002, and certificate of assets of the Pension Plan, pursuant to the Public Pension Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 2/37-774.
Report on Corporations for the year 2000, pursuant to the Corporations Returns Act, S.C. 1998, c. 26, s. 68.—Sessional Paper No. 2/37-775.
Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2003, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 2/ 37-776.
Summary of the Amendment to the 2003 Capital Budget for Loans and Investments of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-777.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2002-2003 to 2003-2004 of the Queens Quay West Land Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/37-778.
Report on the administration of the Canadian Forces Superannuation Act for the fiscal year ended March 31, 2002, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, ss. 57 and 72.—Sessional Paper No. 2/37- 779.
Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the year ended July 31, 2003, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/37-780.
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 8:23 p.m. the Senate was continued until 2:00 p.m. tomorrow.)
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Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Poulin (October 30).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Cordy (October 31).
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Chaput (November 2).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Kolber substituted for that of the Honourable Senator Mahovlich (October 31).