Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
3rd Session, 37th Parliament
Issue 36
Tuesday, May 4, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, Doody, Downe, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, Doody, Downe, Finnerty, Fitzpatrick, Forrestall, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Hays, Hervieux-Payette, Jaffer, Johnson, Joyal, Kelleher, Keon, Kinsella, Kirby, Kroft, LaPierre, Lapointe, Lavigne, Lawson, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, Milne, Moore, Morin, Munson, Murray, Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Sibbeston, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its Second Report (Bill C-11, An Act to give effect to the Westbank First Nation Self-Government Agreement, without amendment).
The Honourable Senator Fitzpatrick moved, seconded by the Honourable Senator Graham, P.C., 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-28, An Act to amend the Canada National Parks Act, to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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.
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
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Léger, for the third reading of Bill C-7, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety.
After debate,
In amendment, the Honourable Senator Stratton moved, seconded by the Honourable Senator LeBreton, that the Bill be not now read a third time but that it be amended,
(a) in clause 2, on page 2,
(i) by replacing line 6 with the following:
"under subsection 6.41(1);'', and
(ii) by replacing line 12 with the following:
"under subsection 4.72(1);'';
(b) in clause 3, on page 2, by replacing line 37 with the following:
"to make an order, other than an interim order, or an'';
(c) in clause 5,
(i) on page 6, by deleting lines 18 to 44,
(ii) on page 7, by deleting lines 1 to 6, and
(iii) on pages 7 and 8, by renumbering sections 4.74 to 4.771 as sections 4.73 to 4.77 and any cross-references thereto accordingly;
(d) in clause 11,
(i) on page 20, by deleting lines 40 to 46, and
(ii) on page 21,
(A) by renumbering subsection (1.2) as subsection (1.1) and any cross-references thereto accordingly,
(B) by replacing line 2 with the following:
"Minister must'', and
(C) by replacing line 4 with the following:
"the Minister considers appropriate''; and
(e) in clause 72, on page 56, by replacing lines 10 and 11, with the following:
"Canada or the implementation of an''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator LeBreton moved, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended,
(a) in clause 11, on page 21,
(i) by adding after line 5 the following:
"(1.1) Subsection 6.41(2) of the Act is replaced by the following:
(2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect 48 hours after it is made unless it is approved by the Governor in Council within that 48 hour period.'', and
(ii) by replacing line 17 with the following:
"tabled in each House of Parliament within three'';
(b) in clause 27,
(i) on page 30, by replacing line 8 with the following:
"Council within 48 hours after it is made.'', and
(ii) on page 31, by replacing line 8 with the following:
"tabled in each House of Parliament within three'';
(c) in clause 34,
(i) on page 34, by replacing line 13 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 35, by replacing line 11 with the following:
"tabled in each House of Parliament within three'';
(d) in clause 66, on page 50,
(i) by replacing line 4 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) by replacing line 39 with the following:
"tabled in each House of Parliament within three'';
(e) in clause 67,
(i) on page 51, by replacing line 19 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 52, by replacing line 19 with the following:
"tabled in each House of Parliament within three'';
(f) in clause 68,
(i) on page 53, by replacing line 1 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 54, by replacing line 2 with the following:
"tabled in each House of Parliament within three'';
(g) in clause 69,
(i) on page 54, by replacing line 18 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 55, by replacing line 13 with the following:
"tabled in each House of Parliament within three'';
(h) in clause 95,
(i) on page 71, by replacing line 17 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 72, by replacing line 16 with the following:
"tabled in each House of Parliament within three'';
(i) in clause 96,
(i) on page 72, by replacing line 32 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 73, by replacing line 27 with the following:
"tabled in each House of Parliament within three'';
(j) in clause 99,
(i) on page 75, by replacing line 11 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 76, by replacing line 5 with the following:
"tabled in each House of Parliament within three'';
(k) in clause 102,
(i) on page 77, by replacing line 18 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 78, by replacing line 19 with the following:
"tabled in each House of Parliament within three'';
(l) in clause 103, on page 79,
(i) by replacing line 1 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) by replacing line 37 with the following:
"tabled in each House of Parliament within three'';
(m) in clause 104,
(i) on page 80, by replacing line 27 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 81, by replacing line 28 with the following:
"tabled in each House of Parliament within three'';
(n) in clause 105,
(i) on page 82, by replacing line 27 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 83, by replacing line 17 with the following:
"tabled in each House of Parliament within three''; and
(o) in clause 111.1,
(i) on page 101,
(A) by replacing line 4 with the following:
"(a) 48 hours after it is made, unless it is'', and
(B) by replacing line 39 with the following:
"tabled in each House of Parliament within three'';
(ii) on page 102, by replacing line 19 with the following:
"(a) 48 hours after it is made, unless it is'', and
(iii) on page 103, by replacing line 16 with the following:
"tabled in each House of Parliament within three''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended,
(a) in clause 5,
(i) on page 10, by adding after line 6, the following:
"(1.1) An air carrier or operator of an aviation reservation system that obtains information from a person for the purpose of making a reservation or issuing a ticket for a flight shall, at the time of obtaining the information, advise the person that the information, together with other related travel information of a personal nature that may be under the control of the carrier or operator, may be provided or disclosed to other persons or agencies, including governmental or law enforcement officials or agencies, for purposes of transportation security.'',
(ii) on page 11, by deleting lines 34 to 44,
(iii) on page 12, by deleting lines 1 to 5,
(iv) on page 14, by deleting lines 27 to 32, and
(v) on pages 14 to 16, by renumbering subsections 4.82(12) to (20) as subsections 4.82(11) to (19) and any cross- references thereto accordingly;
(b) in clause 98, on page 74, by deleting lines 16 to 31 and the headings immediately preceding line 16;
(c) by renumbering PARTS 18 to 24 as PARTS 17 to 23 and any cross-references thereto accordingly; and
(d) by renumbering clauses 99 to 112 as clauses 98 to 111 and any cross-references thereto accordingly.
After debate,
The question was put on the motion in amendment.
Pursuant to the Order adopted on April 29, 2004, a standing vote will take place at 5:30 p.m. today.
MESSAGE FROM THE HOUSE OF COMMONS
A Message was brought from the House of Commons with a Bill C-9, An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa), to which they desire the concurrence of the Senate.
The Bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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
Third reading of Bill C-17, An Act to amend certain Acts.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., that the Bill be read the third time.
Debate.
STANDING VOTES
At 5:30 p.m., pursuant to the Order adopted on April 29, 2004, the Senate proceeded to the taking of the 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 Léger, for the third reading of Bill C-7, An Act to amend certain Acts of Canada, and to enact measures for implementing the Biological and Toxin Weapons Convention, in order to enhance public safety.
The question was put on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended,
(a) in clause 5,
(i) on page 10, by adding after line 6, the following:
"(1.1) An air carrier or operator of an aviation reservation system that obtains information from a person for the purpose of making a reservation or issuing a ticket for a flight shall, at the time of obtaining the information, advise the person that the information, together with other related travel information of a personal nature that may be under the control of the carrier or operator, may be provided or disclosed to other persons or agencies, including governmental or law enforcement officials or agencies, for purposes of transportation security.'',
(ii) on page 11, by deleting lines 34 to 44,
(iii) on page 12, by deleting lines 1 to 5,
(iv) on page 14, by deleting lines 27 to 32, and
(v) on pages 14 to 16, by renumbering subsections 4.82(12) to (20) as subsections 4.82(11) to (19) and any cross- references thereto accordingly;
(b) in clause 98, on page 74, by deleting lines 16 to 31 and the headings immediately preceding line 16;
(c) by renumbering PARTS 18 to 24 as PARTS 17 to 23 and any cross-references thereto accordingly; and
(d) by renumbering clauses 99 to 112 as clauses 98 to 111 and any cross-references thereto accordingly.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Atkins, Forrestall, Johnson, Kelleher, Kinsella, LeBreton, Lynch- Staunton, Murray, Nolin, Oliver, Plamondon, Prud'homme, St. Germain, Spivak, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, Downe, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Jaffer, Kirby, Kroft, LaPierre, Lawson, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Merchant, Milne, Moore, Morin, Munson, Pearson, Phalen, Poulin, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Trenholme Counsell, Watt—49
ABSTENTIONS
The Honourable Senators
Hervieux-Payette, Lapointe, Lavigne—3
The question was put on the motion in amendment of the Honourable Senator LeBreton, seconded by the Honourable Senator Stratton, that the Bill be not now read a third time but that it be amended,
(a) in clause 11, on page 21,
(i) by adding after line 5 the following:
"(1.1) Subsection 6.41(2) of the Act is replaced by the following:
(2) An interim order has effect from the day on which it is made, as if it were a regulation made under this Part, and ceases to have effect 48 hours after it is made unless it is approved by the Governor in Council within that 48 hour period.'', and
(ii) by replacing line 17 with the following:
"tabled in each House of Parliament within three'';
(b) in clause 27,
(i) on page 30, by replacing line 8 with the following:
"Council within 48 hours after it is made.'', and
(ii) on page 31, by replacing line 8 with the following:
"tabled in each House of Parliament within three'';
(c) in clause 34,
(i) on page 34, by replacing line 13 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 35, by replacing line 11 with the following:
"tabled in each House of Parliament within three'';
(d) in clause 66, on page 50,
(i) by replacing line 4 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) by replacing line 39 with the following:
"tabled in each House of Parliament within three'';
(e) in clause 67,
(i) on page 51, by replacing line 19 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 52, by replacing line 19 with the following:
"tabled in each House of Parliament within three'';
(f) in clause 68,
(i) on page 53, by replacing line 1 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 54, by replacing line 2 with the following:
"tabled in each House of Parliament within three'';
(g) in clause 69,
(i) on page 54, by replacing line 18 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 55, by replacing line 13 with the following:
"tabled in each House of Parliament within three'';
(h) in clause 95,
(i) on page 71, by replacing line 17 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 72, by replacing line 16 with the following:
"tabled in each House of Parliament within three'';
(i) in clause 96,
(i) on page 72, by replacing line 32 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 73, by replacing line 27 with the following:
"tabled in each House of Parliament within three'';
(j) in clause 99,
(i) on page 75, by replacing line 11 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 76, by replacing line 5 with the following:
"tabled in each House of Parliament within three'';
(k) in clause 102,
(i) on page 77, by replacing line 18 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 78, by replacing line 19 with the following:
"tabled in each House of Parliament within three'';
(l) in clause 103, on page 79,
(i) by replacing line 1 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) by replacing line 37 with the following:
"tabled in each House of Parliament within three'';
(m) in clause 104,
(i) on page 80, by replacing line 27 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 81, by replacing line 28 with the following:
"tabled in each House of Parliament within three'';
(n) in clause 105,
(i) on page 82, by replacing line 27 with the following:
"(a) 48 hours after it is made, unless it is'', and
(ii) on page 83, by replacing line 17 with the following:
"tabled in each House of Parliament within three''; and
(o) in clause 111.1,
(i) on page 101,
(A) by replacing line 4 with the following:
"(a) 48 hours after it is made, unless it is'', and
(B) by replacing line 39 with the following:
"tabled in each House of Parliament within three'';
(ii) on page 102, by replacing line 19 with the following:
"(a) 48 hours after it is made, unless it is'', and
(iii) on page 103, by replacing line 16 with the following:
"tabled in each House of Parliament within three''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Atkins, Forrestall, Johnson, Kelleher, Kinsella, LeBreton, Lynch- Staunton, Murray, Nolin, Oliver, Plamondon, Prud'homme, St. Germain, Spivak, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Cook, Cools, Corbin, Cordy, Day, Downe, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Jaffer, Kirby, Kroft, LaPierre, Lawson, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Merchant, Milne, Moore, Morin, Munson, Pearson, Phalen, Poulin, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Trenholme Counsell, Watt—49
ABSTENTIONS
The Honourable Senators
Hervieux-Payette, Lapointe, Lavigne—3
The question was put on the motion in amendment of the Honourable Senator Stratton, seconded by the Honourable Senator LeBreton, that the Bill be not now read a third time but that it be amended,
(a) in clause 2, on page 2,
(i) by replacing line 6 with the following:
"under subsection 6.41(1);'', and
(ii) by replacing line 12 with the following:
"under subsection 4.72(1);'';
(b) in clause 3, on page 2, by replacing line 37 with the following:
"to make an order, other than an interim order, or an'';
(c) in clause 5,
(i) on page 6, by deleting lines 18 to 44,
(ii) on page 7, by deleting lines 1 to 6, and
(iii) on pages 7 and 8, by renumbering sections 4.74 to 4.771 as sections 4.73 to 4.77 and any cross-references thereto accordingly;
(d) in clause 11,
(i) on page 20, by deleting lines 40 to 46, and
(ii) on page 21,
(A) by renumbering subsection (1.2) as subsection (1.1) and any cross-references thereto accordingly,
(B) by replacing line 2 with the following:
"Minister must'', and
(C) by replacing line 4 with the following:
"the Minister considers appropriate''; and
(e) in clause 72, on page 56, by replacing lines 10 and 11, with the following:
"Canada or the implementation of an''.
The motion in amendment was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Atkins, Forrestall, Johnson, Kelleher, Kinsella, LeBreton, Lynch- Staunton, Murray, Nolin, Oliver, Plamondon, Prud'homme, St. Germain, Spivak, Stratton, Tkachuk—18
NAYS
The Honourable Senators
Austin, Bacon, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Cook, Corbin, Cordy, Day, Downe, Finnerty, Fitzpatrick, Fraser, Furey, Gauthier, Gill, Grafstein, Graham, Harb, Jaffer, Kirby, Kroft, LaPierre, Lawson, Léger, Losier-Cool, Maheu, Massicotte, Mercer, Merchant, Milne, Moore, Morin, Munson, Pearson, Phalen, Poulin, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Trenholme Counsell, Watt—48
ABSTENTIONS
The Honourable Senators
Cools, Hervieux-Payette, Lapointe, Lavigne—4
The question then being put on the motion of the Honourable Senator Day, seconded by the Honourable Senator Léger, for the third reading of Bill C-7, it was adopted on division.
The Bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate has passed this Bill, without amendment.
Bills
The question being put on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Carstairs, P.C., for the third reading of Bill C-17, An Act to amend certain Acts, it was adopted, on division.
The Bill was then read the third time and passed, on division.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate has passed this Bill, without amendment.
Third reading of Bill C-24, An Act to amend the Parliament of Canada Act.
The Honourable Senator Morin moved, seconded by the Honourable Senator Downe, that the Bill be read the third 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.
_____________________________________________________
Ordered, That all remaining Orders be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Nuclear Waste Management Organization, together with the Auditors' Report, for the year ended December 31, 2003, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, sbs. 19(1).—Sessional Paper No. 3/37- 192.
Report of the Canadian Forces Grievance Board for the year 2003, pursuant to the National Defence Act, S.C. 1998, c. 35, s. 7.—Sessional Paper No. 3/37- 193.
Copy of Order in Council P.C. 2004-493 dated April 17, 2004, concerning the "SeaRose FPSO'' Remission Order, 2004, pursuant to the Customs Tariff Act, S.C. 1997, c. 36, sbs. 53(4). —Sessional Paper No. 3/37- 194.
Summaries of the Corporate Plan for 2004-2005 to 2008-2009 and of the Operating and Capital Budgets for 2004- 2005 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F- 11, sbs. 125(4). —Sessional Paper No. 3/37- 195.
ADJOURNMENT
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:05 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
_____________________________________________________
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Social Affairs, Science and Technology
The names of the Honourable Senators Keon and Rossiter substituted for those of the Honourable Senators Lynch- Staunton and Forrestall (May 3).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Buchanan substituted for that of the Honourable Senator Stratton (May 3).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Comeau (May 3).
Standing Senate Committee on National Finance
The name of the Honourable Senator Stratton substituted for that of the Honourable Senator Comeau (May 4).