53 Elizabeth II, A.D. 2004, Canada

Journals of the Senate

3rd Session, 37th Parliament

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Issue 26

Monday, March 29, 2004
8:00 p.m.

The Honourable Daniel Hays, Speaker

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The Members convened were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Biron, Bryden, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Day, De Bané, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Kroft, LaPierre, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Massicotte, Meighen, Mercer, Merchant, Morin, Munson, Murray, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Sparrow, Stollery, Stratton, Tkachuk, Trenholme Counsell

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Atkins, Austin, Bacon, Beaudoin, Biron, Bryden, *Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Day, De Bané, Doody, Downe, Eyton, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gauthier, Gill, Graham, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, Kroft, LaPierre, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Massicotte, Meighen, Mercer, Merchant, Morin, Munson, Murray, *Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Robertson, Robichaud, Roche, Rompkey, St. Germain, Sibbeston, Sparrow, Stollery, Stratton, Tkachuk, Trenholme Counsell

PRAYERS

WRITTEN DECLARATION OF ROYAL ASSENT

At 8:04 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

March 26, 2004

Mr. Speaker:

I have the honour to inform you that the Right Honourable Adrienne Clarkson, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 26th day of March, 2004, at 11:01 a.m.

Yours sincerely,

Barbara Uteck

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

Schedule

Bills Assented To

Friday, March 26, 2004

An Act respecting assisted human reproduction and related research (Bill C-6, Chapter 2, 2004)

An Act to amend the Criminal Code (capital markets fraud and evidence-gathering) (Bill C-13, Chapter 3, 2004)

An Act respecting equalization and authorizing the Minister of Finance to make certain payments related to health (Bill C-18, Chapter 4, 2004)

SENATORS' STATEMENTS

Tributes

Tribute was paid to the Honourable Senator Beaudoin, who will retire from the Senate on April 15, 2004.

Senators' Statements

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Stollery, Chair of the Standing Senate Committee on Foreign Affairs tabled its Third Report (Interim) entitled: Mexico: Canada's Other NAFTA Partner (Volume 3).—Sessional Paper No. 3/37-122S.

The Honourable Senator Stollery moved, seconded by the Honourable Senator Kenny, 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.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:

That television cameras be permitted in the Senate Chamber to record the Royal Assent Ceremony on Wednesday, March 31, 2004, at 3:45 p.m., with the least possible disruption of the proceedings.

After debate,

The question being put on the motion, it was adopted.

MESSAGES FROM THE HOUSE OF COMMONS

A Message was brought from the House of Commons to return Bill C-212, An Act respecting user fees,

And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Gauthier, for the third reading of Bill C-8, An Act to establish the Library and Archives of Canada, to amend the Copyright Act and to amend certain Acts in consequence, as amended.

After debate,

The question being put on the motion, it was adopted.

The Bill, as amended, 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 has passed this Bill, with certain amendments, to which it desires its concurrence.

Resuming debate on the motion of the Honourable Senator Morin, seconded by the Honourable Senator Downe, for the second reading of Bill C-24, An Act to amend the Parliament of Canada Act.

After debate,

The question being put on the motion, it was adopted.

The Bill was then read the second time.

The Honourable Senator Morin moved, seconded by the Honourable Senator Fraser, that the Bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

The question being put on the motion, it was adopted.

Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill C-4, An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Officer) and other Acts in consequence,

And on the motion in amendment of the Honourable Senator Bryden, seconded by the Honourable Senator Sparrow, that the Bill be not now read a third time but that it be amended,

(a) on page 1, in the English version, by replacing the long title with the following:

"An Act to amend the Parliament of Canada Act (Ethics Commissioner and Senate Ethics Counsellor) and other Acts in consequence'';

(b) in clause 2,

(i) on page 1, by replacing lines 8 to 27 with the following:

"20.1 (1) Subject to subsection (2), the Senate shall, by resolution and with the consent of the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.

(2) If the position of Senate Ethics Counsellor is vacant for 30 sitting days, the Senate shall, by resolution and after consultation with the leaders of all recognized parties in the Senate, appoint a Senate Ethics Counsellor.

20.2 The Senate Ethics Counsellor shall be a member in good standing of the bar of a province or the Chambre des notaires du Québec.

20.3 (1) The Senate Ethics Counsellor holds office during good behaviour for a term of seven years and may be removed for cause, with the consent of the leaders of all recognized parties in the Senate, by resolution of the Senate.

(2) The Senate Ethics Counsellor, on the expiration of a first or subsequent term of office, is eligible to be re- appointed for a further term not exceeding seven years.'',

(ii) on page 2, by deleting lines 1 to 49,

(iii) on page 3,

(A) by deleting lines 1 to 12,

(B) by replacing lines 13 to 18, with the following:

"20.4 (1) The Senate Ethics Counsellor shall assist members of the Senate by providing confidential advice with respect to any code of conduct adopted by the Senate for its members and shall perform the duties and functions assigned to the Senate Ethics Counsellor by the Senate.'', and

(C) by replacing line 43, with the following:

"20.5 (1) The Senate Ethics Counsellor, or any'',

(iv) on page 4, by deleting lines 16 to 24, and

(v) in the English version, by replacing the expression "Senate Ethics Officer'' with the expression "Senate Ethics Counsellor'' wherever it occurs;

(c) in clause 4, on page 7, by replacing line 8, with the following:

"72.06 For the purposes of sections 20.4,'';

(d) in clause 6, on page 11, by replacing lines 37 and 38, with the following:

"(d) the Ethics Commissioner'';

(e) in clause 7, on page 12, by replacing lines 7 and 8, with the following:

"any committee or member of either House or the Ethics Commis-'';

(f) in clause 8, on page 12,

(i) by replacing lines 14 and 15, with the following:

"(c) with respect to the Senate, the'', and

(ii) by replacing lines 28 and 29, with the following:

"Commons, Library of Parliament and office of'';

(g) in clause 9, on page 13, by replacing the heading before line 1, with the following:

"SENATE, HOUSE OF COMMONS, LIBRARY OF PARLIAMENT AND OFFICE OF THE
ETHICS COMMISSIONER'';

(h) in clause 10, on page 13,

(i) by replacing line 7, with the following:

"ment'', and

(ii) by replacing lines 14 and 15, with the following:

"Parliament or office of the Ethics Commis-'';

(i) in clause 11, on page 13, by replacing lines 21 and 22 with the following:

"brary of Parliament and office of the Ethics Com-'';

(j) in clause 12,

(i) on page 13,

(A) by replacing line 30, with the following:

"Parliament'', and

(B) by replacing line 36, with the following:

"Parliament'', and

(ii) on page 14,

(A) by replacing line 3, with the following:

"ment or'',

(B) by replacing lines 6 and 7, with the following:

"of Commons, Library of Parliament or office of the'',

(C) by replacing line 12, with the following:

"ment or'',

(D) by replacing lines 16 and 17, with the following:

"House of Commons, Library of Parliament or office of'',

(E) by replacing lines 25 and 26, with the following:

"mons, Library of Parliament or office of the Ethics'',

(F) by replacing line 33, with the following:

"ment or'', and

(G) by replacing line 38, with the following:

"Parliament'';

(k) in clause 13,

(i) on page 14, by replacing lines 47 and 48, with the following:

"Commons, Library of Parliament or office of'', and

(ii) on page 15,

(A) by replacing lines 13 and 14, with the following:

"of Parliament or office of the Ethics Commis-'',

(B) by replacing lines 22 and 23, with the following:

"of Parliament or office of the Ethics'', and

(C) by replacing lines 35 and 36, with the following:

"ment or office of the Ethics Com-'';

(l) in clause 14,

(i) on page 15, by replacing lines 43 and 44, with the following:

"brary of Parliament or office of the Ethics Commis-'', and

(ii) on page 16, by replacing lines 6 and 7, with the following:

"Parliament or office of the Ethics Commission-'';

(m) in clause 15,

(i) on page 16,

(A) by replacing lines 14 and 15, with the following:

"House of Commons, Library of Parliament or office of ",

(B) by replacing lines 20 and 21, with the following:

"Library of Parliament or office of the Ethics Commis-'',

(C) by replacing line 29, with the following:

"ment or'',

(D) by replacing lines 34 and 35, with the following:

"House of Commons, Library of Parliament or office of'', and

(E) by replacing lines 41 and 42, with the following:

"brary of Parliament or office of the Ethics Commis-'', and

(ii) on page 17, by replacing line 1 with the following:

"ment or'';

(n) in clause 16, on page 17, by replacing lines 11 and 12, with the following:

"mons, Library of Parliament or office of the Ethics'';

(o) in clause 17, on page 17, by replacing lines 20 and 21, with the following:

"Library of Parliament or office of the Ethics Commis-'';

(p) in clause 18, on page 17, by replacing line 30, with the following:

"ment'';

(q) in clause 25, on page 20, by replacing lines 26 and 27, with the following:

"Library of Parliament or office of the'';

(r) in clause 26, on page 20, by replacing lines 36 and 37, with the following:

"(c.1) the office of the Ethics'';

(s) in clause 27, on page 21, by replacing line 9, with the following:

"Parliament'';

(t) in clause 28, on page 21,

(i) by replacing lines 20 and 21, with the following:

"Library of Parliament or office of the Ethics Commis-'', and

(ii) by replacing lines 28 and 29, with the following:

"Commons, Library of Parliament or office of the'';

(u) in clause 29, on page 22, by replacing lines 14 and 15, with the following:

"Commons, Library of Parliament and office of the Ethics'';

(v) in clause 30, on page 22, by replacing lines 24 and 25, with the following:

"Library of Parliament or office of the Ethics Com-'';

(w) in clause 31, on page 22, by replacing line 33, with the following:

"ment'';

(x) in clause 32, on page 22, by replacing lines 38 and 39, with the following:

"of Parliament or office of the Ethics Commissioner,'';

(y) in clause 33, on page 23,

(i) by replacing line 3, with the following:

"word "or'' at the end of paragraph (b), by adding the word "or'' at the end of paragraph (c) and'', and

(ii) by replacing lines 6 to 8, with the following:

"(d) the office of the Ethics Commissioner'';

(z) in clause 34, on page 23, by replacing lines 15 to 17, with the following:

"(c.1) the office of the Ethics Commissioner'';

(z.1) in clause 36, on page 24, by replacing lines 11 and 12, with the following:

"Commons, Library of Parliament and office of the'';

(z.2) in clause 37, on page 24,

(i) by replacing line 22, with the following:

"Parliament'', and

(ii) by replacing line 31, with the following:

"ment or'';

(z.3) in clause 38, on page 25, by replacing lines 12 and 13, with the following:

"any committee or member of either House or the Ethics Commis-'';

(z.4) in clause 40,

(i) on page 28,

(A) by replacing lines 4 and 5, with the following:

"communes, à la bibliothèque du Parlement ou'',

(B) by replacing lines 17 and 18, with the following:

"ment ou au commissariat à l'éthique par '',

(C) by replacing lines 28 and 29, with the following:

"House of Commons, Library of Parliament or office of'',

(D) by replacing lines 34 and 35, with the following:

"Library of Parliament or office of the Ethics Commis-'', and

(E) by replacing line 43, with the following:

"ment or'', and

(ii) on page 29,

(A) by replacing lines 2 and 3, with the following:

"House of Commons, Library of Parliament or office of'',

(B) by replacing line 13, with the following:

"ment or'',

(C) by replacing lines 19 and 20, with the following:

"brary of Parliament or office of the Ethics Commis-'',

(D) by replacing line 26, with the following:

"ment or'', and

(E) by replacing lines 38 and 39, with the following:

"Commons, Library of Parliament or office of the Ethics'', and

(iii) on page 30,

(A) by replacing lines 5 and 6, with the following:

"Library of Parliament or office of the Ethics Commis-'',

(B) by replacing lines 20 and 21, with the following:

"Library of Parliament or the office of the'',

(C) by replacing lines 25 and 26, with the following:

"Commons, the Library of Parliament or the'',

(D) by replacing lines 36 and 37, with the following:

"Commons, the Library of Parliament or the'', and

(E) by replacing lines 42 and 43, with the following:

"Parliament or the office of the Ethics Commis-''; and

(z.5) in clause 41, on page 31,

(i) by replacing lines 23 and 24, with the following:

"Commons, Library of Parliament and office of the'', and

(ii) by replacing lines 43 and 44, with the following:

"Commons, Library of Parliament and office of the''.

After debate,

Pursuant to Rule 33(2), the Honourable Senator Kinsella moved, seconded by the Honourable Senator LeBreton, that the Honourable Senator Sparrow be now heard.

The question being put on the motion, it was negatived on division.

The Senate resumed debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Rompkey, P.C., for the third reading of Bill C-4.

And on the motion in amendment of the Honourable Senator Bryden, seconded by the Honourable Senator Sparrow.

After debate,

The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion in amendment be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Second reading of Bill C-22, An Act to amend the Criminal Code (cruelty to animals).

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Léger, that the Bill be read the second time.

After debate,

The Honourable Senator Stratton 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.

Order No. 2 was called and postponed until the next sitting.

Second reading of Bill C-21, An Act to amend the Customs Tariff.

The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Finnerty, that the Bill be read the second time.

After debate,

The Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

At 12:00 midnight, pursuant to Rule 6(1), the Senate adjourned until 2:00 p.m. tomorrow.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Actuarial Report (including Cost Certificate) on the Pension Plan for the Canadian Forces as at March 31, 2002, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 3/37- 115.

Report of the Governor of the Bank of Canada and Statement of Accounts for the year 2003, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 3/37-116.

Draft regulations concerning: Regulations Amending the Public Agents Firearms Regulations (JUS-605456); Regulations Amending the Importation and Exportation of Firearms Regulations (Individuals) (JUS-605437); Regulations Amending the Authorization to Export or Import Firearms Regulations (Businesses) (JUS-605436); Regulations Amending the Gun Shows Regulations (JUS-605463), pursuant to the An Act respecting firearms and other weapons, S.C. 1995, c. 39, sbs. 118(1).—Sessional Paper No. 3/37-117.

Report of the Export Development Canada for the fiscal year ended December 31, 2003, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 3/37-118.

Summaries of the Corporate Plan for 2004-2008 of the Export Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37-119.

Summary of the Corporate Plan for 2004-2008 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/37-120.

Summaries of the Corporate Plan for 2004-2008 and of the Operating and Capital Budgets for 2004 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. 3/37-121.

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