Journals of the Senate
53 Elizabeth II, A.D. 2004, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 11
Tuesday, November 2, 2004
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, De Bané, Doody, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gill, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, Moore, Morin, Murray, Nolin, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Banks, Bryden, Buchanan, Callbeck, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Doody, *Downe, Eyton, Fairbairn, Ferretti Barth, Finnerty, Forrestall, Fraser, Furey, Gill, *Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, *Kirby, Lapointe, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Massicotte, Meighen, Mercer, Merchant, *Milne, Moore, Morin, *Munson, Murray, Nolin, Oliver, Pearson, Pépin, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Stollery, Stratton, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Tributes
Tribute was paid to the Honourable Edward M. Lawson, who retired from the Senate on September 24, 2004.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., tabled the following:
Erratum concerning the Public Accounts of Canada for the fiscal year ended March 31, 2004, in Volume III —Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1).—Sessional Paper No. 1/38-162.
Introduction and First Reading of Government Bills
The Honourable Senator Rompkey, P.C., presented a Bill S-18, An Act to amend the Statistics Act.
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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill S-17, An Act to implement an agreement, conventions and protocols concluded between Canada and Gabon, Ireland, Armenia, Oman and Azerbaijan for the avoidance of double taxation and the prevention of fiscal evasion.
The Honourable Senator Harb moved, seconded by the Honourable Senator Adams, that the bill be read the second time.
After debate,
The Honourable Senator LeBreton for the Honourable Senator Lynch-Staunton moved, seconded by the Honourable Senator Meighen, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Chaput:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament,
And on the motion in amendment of the Honourable Senator Kinsella, seconded by the Honourable Senator Stratton, that the following be added to the Address:
"and we urge Your Excellency's advisors, when implementing the details of their proposals, to review the Employment Insurance program to ensure that it remains well-suited to the needs of Canada's workforce, to reduce and improve the fairness of taxes, to be unwavering in the application of fiscal discipline, to examine the need and options for reform of our democratic institutions, including electoral reform, and to rise above partisanship to address the public interest;
That Your Excellency's advisors consider the advisability of the following:
1. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend measures that would ensure that all future uses of the employment insurance program would only be for the benefit of workers and not for any other purpose;
2. opportunities to further reduce the tax burden on low and modest income families consistent with the government's overall commitment to balanced budgets and sound fiscal management;
3. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to make recommendations relating to the provisions of independent fiscal forecasting advice for parliamentarians including the consideration of the recommendations of the external expert;
4. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options;
5. with respect to an agreement on ballistic missile defence, the assurance that Parliament will have an opportunity to consider all public information pertaining to the agreement and to vote prior to a government decision;
And we ask Your Excellency's advisors to ensure that all measures brought forward to implement the Speech from the Throne, including those referred to above, fully respect the provinces' areas of jurisdiction and that the financial pressures some call the fiscal imbalance be alleviated.''
After debate,
The question being put on the motion in amendment, it was adopted on division.
The question was then put on the motion, as amended, of the Honourable Senator Munson, seconded by the Honourable Senator Chaput:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Adrienne Clarkson, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament and we urge Your Excellency's advisors, when implementing the details of their proposals, to review the Employment Insurance program to ensure that it remains well-suited to the needs of Canada's workforce, to reduce and improve the fairness of taxes, to be unwavering in the application of fiscal discipline, to examine the need and options for reform of our democratic institutions, including electoral reform, and to rise above partisanship to address the public interest;
That Your Excellency's advisors consider the advisability of the following:
1. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend measures that would ensure that all future uses of the employment insurance program would only be for the benefit of workers and not for any other purpose;
2. opportunities to further reduce the tax burden on low and modest income families consistent with the government's overall commitment to balanced budgets and sound fiscal management;
3. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to make recommendations relating to the provisions of independent fiscal forecasting advice for parliamentarians including the consideration of the recommendations of the external expert;
4. an Order of Reference to the appropriate committee of each House of Parliament instructing the committee to recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options;
5. with respect to an agreement on ballistic missile defence, the assurance that Parliament will have an opportunity to consider all public information pertaining to the agreement and to vote prior to a government decision;
And we ask Your Excellency's advisors to ensure that all measures brought forward to implement the Speech from the Throne, including those referred to above, fully respect the provinces' areas of jurisdiction and that the financial pressures some call the fiscal imbalance be alleviated.
The motion, as amended, was adopted.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That the Address, as amended, be engrossed and presented to Her Excellency the Governor General by the Honourable the Speaker.
The question being put on the motion, it was adopted.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool:
That, for the remainder of the current session,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule (5)(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at 4 p.m., unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned; and
(c) where a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, immediately prior to any adjournment but no later than 4 p.m., to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-2, An Act to amend the Citizenship Act.
The Honourable Senator Kinsella moved, seconded by the Honourable Senator Cook, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Forrestall, seconded by the Honourable Senator Eyton, for the second reading of Bill S-14, An Act to protect heritage lighthouses.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Forrestall moved, seconded by the Honourable Senator Gustafson, 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.
Ordered, That Motion No. 42 standing in the name of the Honourable Senator Stollery on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Cook:
That the Standing Senate Committee on Foreign Affairs be authorized to examine the Performance Reports for the period ending March 31, 2004 of: a) Foreign Affairs Canada; b) International Trade Canada; and c) Canadian International Development Agency, tabled in the Senate on October 28, 2004; and
That the Committee report to the Senate no later than March 31, 2005.
After debate,
The question being put on the motion, it was adopted.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian Air Transport Security Authority, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-254.
Reports of the Great Lakes Pilotage Authority for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-255.
Report of the Canada Customs and Revenue Agency, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Canada Customs and Revenue Agency Act, S.C. 1999, c. 17, sbs. 88(1).—Sessional Paper No. 1/38-256.
Reports of the Canadian Polar Commission for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/38-257.
Reports of the Department of Indian Affairs and Northern Development for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-258.
Reports of the Northwest Territories Water Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-259.
Reports of the Sahtu Land and Water Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/38-260.
Reports of the British Columbia Treaty Commission for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38- 261.
Reports of the Yukon Surface Rights Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-262.
Reports of the Nunavut Water Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/38-263.
Reports of the Mackenzie Valley Land and Water Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38- 264.
Reports of the Mackenzie Valley Environmental Impact Review Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-265.
Reports of the Gwich'in Land Use Planning Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-266.
Reports of the Gwich'in Land and Water Board for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-267.
Report of the Canadian Dairy Commission, together with the Auditor General's Report, for the year ended July 31, 2004, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/38-268.
Report of the Canada Lands Company Limited for the fiscal year ended March 31, 2004, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/38-269.
Report of the Queens Quay West Land Corporation for the fiscal year ended March 31, 2004, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/38-270.
Reports of the Department of Western Economic Diversification for the fiscal year ended March 31, 2004, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/38-271.
Report of the Canadian Polar Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, sbs. 21(2).—Sessional Paper No. 1/ 38-272.
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 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on National Security and Defence
The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Nolin (October 28).
The names of the Honourable Senators Rompkey, Stollery, Moore and Mercer substituted for those of the Honourable Senators Banks, Cordy, Day, and Munson (November 1).
Standing Senate Committee on National Finance
The names of the Honourable Senators Mercer and Day substituted for those of the Honourable Senators Downe and Hubley (November 1).
The name of the Honourable Senator Mahovlich removed from the membership (November 1).
Standing Senate Committee on Social Affairs, Science and Technology
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Trenholme Counsell (November 1).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Hubley (November 1).
Standing Senate Committee on Official Languages
The name of the Honourable Senator Lavigne removed from the membership (November 2).