Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 56
Thursday, May 5, 2005
1:30 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Fairbairn, Fraser, Furey, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Milne, Mitchell, Moore, Murray, Nancy Ruth, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Austin, Bacon, Baker, Banks, Biron, Bryden, Buchanan, Callbeck, Carney, Carstairs, Chaput, Christensen, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, *Eggleton, Fairbairn, *Fitzpatrick, *Forrestall, Fraser, Furey, Grafstein, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kelleher, *Kenny, *Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Massicotte, McCoy, *Meighen, Mercer, Merchant, Milne, Mitchell, Moore, *Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pearson, Pépin, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Watt
PRAYERS
SENATORS' STATEMENTS
Ordered, That pursuant to rule 22(7) the time provided for Senators' Statements be extended by fifteen minutes.
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Rompkey, P.C., informed the Senate that, pursuant to the Order adopted on November 3, 2004, the Response of the government to the Sixth Report of the Standing Senate Committee on Aboriginal Peoples entitled "Urban Aboriginal Youth: An Action Plan for Change'', was tabled in the Senate on April 19, 2005. Pursuant to Rule 131, this response was deemed referred to the Standing Senate Committee on Aboriginal Peoples.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Thursday, May 5, 2005
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
TENTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2005-2006:
Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 45,000 Transport and Communications 25,320 Other Expenditures 2,000 Total $ 72,320
(includes funding for conference attendance)
National Finance (Legislation)
Professional and Other Services $ 42,600 Transport and Communications 10,000 Other Expenditures 500 Total $ 53,100
(includes funding for conference attendance)
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Phalen, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Bryden, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented its second report (Report No. 75 — Disallowance).
(The report is printed as an appendix at pages 849-865 (available in print format PDF))
The Honourable Senator Bryden moved, seconded by the Honourable Senator Pearson, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Grafstein presented the following:
Thursday, May 5, 2005
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
FOURTEENTH REPORT
Your Committee, to which was referred Bill S-25, An Act to amend the Act of incorporation of The General Synod of the Anglican Church of Canada, has, in obedience to the Order of Reference of Wednesday, March 23, 2005, examined the said Bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
JERAHMIEL S. GRAFSTEIN
Chair
Observations to the Fourteenth Report of the Standing Senate Committee on Banking, Trade and Commerce
There is some concern that investments should always be made in the best interest of members of the Anglican Church of Canada, and it is expected that investors will act with due diligence in selecting investments. Although the Committee is aware that the provisions of the Ontario Trustees Act would have to be respected, we point out the prudent investor rule contained in the Bank Act, the Trust and Loan Companies Act and the Insurance Companies Act:
The directors of a bank (company) shall establish and the bank (company) shall adhere to investment and lending policies, standards and procedures that a reasonable and prudent person would apply in respect of a portfolio of investments and loans to avoid undue risk of loss and obtain a reasonable return.
In our view, investments should be selected bearing in mind the prudent investor rule noted above.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, 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 Senate Public Bills
The Honourable Senator Mercer presented a Bill S-29, An Act respecting a National Blood Donor Week.
The bill was read the first time.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Cochrane, 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-2, An Act to amend the Citizenship Act,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
A message was brought from the House of Commons to return Bill C-29, An Act to amend the Patent Act,
And to acquaint the Senate that the Commons has 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 Day, seconded by the Honourable Senator Dallaire, for the third reading of Bill C-33, A second Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004.
After debate,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator McCoy, that Bill C-33 be not now read a third time but that it be amended:
(a) in clause 52, on page 66, by replacing lines 9 to 15, with the following:
"(4) Subsections (1) to (3) apply with respect to transactions entered into after March 22, 2004.'';
(b) in clause 53, on page 66, by replacing lines 21 and 22, with the following:
"(2) Subsection (1) applies to taxation years and fiscal periods that begin after 2004.''; and
(c) in clause 60, on page 73, by replacing lines 1 to 3, with the following:
"(2) Subsection (1) applies with respect to transactions entered into after March 22, 2004.''.
Debate.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:33 p.m. the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
May 5, 2005
Mr. Speaker:
I have the honour to inform you that the Honourable Marie Deschamps, Puisne Judge of the Supreme Court of Canada, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 5th day of May, 2005, at 4:03 p.m.
Yours sincerely,
Barbara Uteck
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, May 5, 2005
An Act to amend the Citizenship Act (Bill S-2, Chapter 17, 2005)
An Act to amend the Patent Act (Bill C-29, Chapter 18, 2005)
Bills
The Senate resumed debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Dallaire, for the third reading of Bill C-33;
And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator McCoy, that Bill C-33 be not now read a third time but that it be amended:
(a) in clause 52, on page 66, by replacing lines 9 to 15, with the following:
"(4) Subsections (1) to (3) apply with respect to transactions entered into after March 22, 2004.'';
(b) in clause 53, on page 66, by replacing lines 21 and 22, with the following:
"(2) Subsection (1) applies to taxation years and fiscal periods that begin after 2004.''; and
(c) in clause 60, on page 73, by replacing lines 1 to 3, with the following:
"(2) Subsection (1) applies with respect to transactions entered into after March 22, 2004.''.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Stratton:
That, pursuant to Rule 38, in relation to Bill C-33, A second Act to implement certain provisions of the budget tabled in Parliament on March 23, 2004, no later than 3:15 p.m. Tuesday, May 10, 2005, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of third reading of the Bill shall be put forthwith without further debate or amendment, and that any votes on any of those questions be not further deferred; and
That, if a standing vote is requested, the bells to call in the Senators be sounded for fifteen minutes.
The question being put on the motion, it was adopted on division.
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Dallaire, for the third reading of Bill C-33;
And on the motion in amendment of the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator McCoy, that Bill C-33 be not now read a third time but that it be amended:
(a) in clause 52, on page 66, by replacing lines 9 to 15, with the following:
"(4) Subsections (1) to (3) apply with respect to transactions entered into after March 22, 2004.'';
(b) in clause 53, on page 66, by replacing lines 21 and 22, with the following:
"(2) Subsection (1) applies to taxation years and fiscal periods that begin after 2004.''; and
(c) in clause 60, on page 73, by replacing lines 1 to 3, with the following:
"(2) Subsection (1) applies with respect to transactions entered into after March 22, 2004.''.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Austin, P.C., that debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Banks, seconded by the Honourable Senator Corbin, for the second reading of Bill S-6, An Act to amend the Canada Transportation Act (running rights for carriage of grain).
After debate,
The Honourable Senator Stratton, for the Honourable Senator Kinsella, moved, seconded by the Honourable Senator LeBreton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 10 was called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Consideration of the ninth report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees), presented in the Senate on April 21, 2005.
The Honourable Senator Poulin, for the Honourable Senator Furey, moved, seconded by the Honourable Senator Cook, that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Other
Orders No. 91 (motion), 11 (inquiry), 82 (motion), 16 (inquiry), 58 (motion), 2 (inquiry), 85 (motion), 15, 4 and 12 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck calling the attention of the Senate to the state of post-secondary education in Canada.
After debate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 78 and 69 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Stollery moved, seconded by the Honourable Senator Cook:
That the Standing Senate Committee on Foreign Affairs have power to sit at 3:30 p.m. on Wednesday, May 11, 2005, even though the Senate may be then sitting, and that Rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 10, 2005 at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Actuarial Report on the Benefit Plan financed through the Royal Canadian Mounted Police (Dependants) Pension Fund for the period of April 1, 2001 to March 31, 2004, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3).—Sessional Paper No. 1/38- 512.
Report of the Canada Deposit Insurance Corporation for the fiscal year ended March 31, 2005, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/38-513.
Summaries of the Corporate Plan for 2005-2006 to 2009-2010 and of the Operating and Capital Budgets and Borrowing Plan for 2005-2006 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. 1/38-514.
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 5:28 p.m. the Senate was continued until Tuesday, May 10, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Oliver substituted for that of the Honourable Senator Meighen (May 4).
The names of the Honourable Senators Rompkey and Harb substituted for those of the Honourable Senators Harb and Rompkey (May 5).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Mercer (May 4).
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Hubley (May 5).