Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 57
Tuesday, May 10, 2005
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Buchanan, Callbeck, Carstairs, Chaput, Christensen, Comeau, Cools, Corbin, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Grafstein, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, Milne, Mitchell, Moore, Murray, Nancy Ruth, Oliver, Pearson, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Biron, Buchanan, Callbeck, Carstairs, Chaput, Christensen, *Cochrane, Comeau, *Cook, Cools, Corbin, *Cordy, Cowan, Dallaire, Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, *Forrestall, Fraser, Furey, Gill, Grafstein, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, Mahovlich, Massicotte, *Meighen, Milne, Mitchell, Moore, *Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pearson, *Pépin, Peterson, Phalen, Pitfield, Plamondon, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, St. Germain, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Robichaud, P.C., tabled the following:
Copies of various international agreements which entered into force for Canada during 2002, 2003 and 2004 (CD- ROMs included).—Sessional Paper No.1/38-520.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Bacon, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventh report (budget—study on the inclusion of non-derogation clauses in legislation—power to hire staff).
(The report is printed as appendix "A'')
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., 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 Bacon, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its eighth report (budget—study on declaring Ottawa to be a bilingual city—power to hire staff).
(The report is printed as appendix "B'' )
The Honourable Senator Bacon moved, seconded by the Honourable Senator Joyal, P.C., 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 Andreychuk Chair of the Standing Senate Committee on Human Rights tabled its seventeenth report (interim) (Study on an invitation to the Minister of Indian and Northern Affairs).—Sessional Paper No. 1/38-521S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-45, An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Kinsella, that the bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Biron presented a Bill S-30, An Act to amend the Bankruptcy and Insolvency Act (RRSP and RESP).
The bill was read the first time.
The Honourable Senator Biron moved, seconded by the Honourable Senator Moore, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Stollery moved, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Foreign Affairs have power to sit at 3:05 p.m. tomorrow, Wednesday, May 11, 2005, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
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;
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,
Pursuant to the Order adopted on May 5, 2005, the question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Angus, Atkins, Buchanan, Comeau, Cools, Di Nino, Doody, Keon, Kinsella, LeBreton, Moore, Murray, Nancy Ruth, Oliver, Plamondon, Prud'homme, Rivest, Spivak, St. Germain, Stratton, Tkachuk—21
NAYS
The Honourable Senators
Adams, Austin, Bacon, Baker, Banks, Biron, Callbeck, Carstairs, Chaput, Christensen, Corbin, Cowan, Dallaire, Day, Dyck, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Gill, Grafstein, Harb, Hubley, Jaffer, Joyal, Lapointe, Lavigne, Léger, Losier-Cool, Maheu, Mahovlich, Milne, Mitchell, Pearson, Peterson, Phalen, Pitfield, Poulin, Robichaud, Sibbeston, Smith, Stollery, Tardif, Trenholme Counsell—47
ABSTENTIONS
The Honourable Senators
Andreychuk, De Bané
Johnson
Lynch-Staunton
Massicotte
Ringuette—6
The question then being put 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, 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.
Second reading of Bill C-45, An Act to provide services, assistance and compensation to or in respect of Canadian Forces members and veterans and to make amendments to certain Acts.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Banks, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Second reading of Bill S-29, An Act respecting a National Blood Donor Week.
The Honourable Senator Milne moved, seconded by the Honourable Senator Christensen, that the bill be read the second time.
After debate,
The Honourable Senator Stratton moved, seconded by the Honourable Senator Johnson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Private Bills
Third reading of Bill S-25, An Act to amend the Act of incorporation of The General Synod of the Anglican Church of Canada.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C., that the bill be read the third time.
After debate,
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.
Reports of Committees
Consideration of the tenth report of the Standing Committee on Internal Economy, Budgets and Administration (budgets of certain committees), presented in the Senate on May 5, 2005.
The Honourable Senator Furey moved, seconded by the Honourable Senator Phalen, that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 2 to 4 were called and postponed until the next sitting.
Other
Orders No. 6 (inquiry), 91 (motion), 11 (inquiry), and 82 (motion) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Milne calling the attention of the Senate to her recent visit to Indonesia and to Canada's efforts to help rebuild Southeast Asia after the tragic tsunami of December 26, 2004.
After debate,
The Honourable Senator Robichaud, 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. 58 (motion), 2 (inquiry), 85 (motion), 15, 4, 12 (inquiries) and 78 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Kinsella seconded by the Honourable Senator Stratton:
That the Senate urge the government to reduce personal income taxes for low and modest income earners;
That the Senate urge the government to stop overcharging Canadian employees and reduce Employment Insurance rates so that annual program revenues will no longer substantially exceed annual program expenditures;
That the Senate urge the government in each budget henceforth to target an amount for debt reduction of not less than 2/7 of the net revenue expected to be raised by the federal Goods and Services Tax; and
That a message be sent to the House of Commons requesting that House to unite with the Senate for the above purpose.
After debate,
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Losier-Cool, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Losier-Cool called the attention of the Senate to the Millennium Development Goals, more particularly to Goal number 3, seeking to promote gender equality and to empower women.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Mitchell called the attention of the Senate to the Province of Alberta and the role it plays in Canada.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Prud'homme, 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.
Ordered, That the Standing Senate Committee on Foreign Affairs have power to sit while the Senate is sitting today, and that rule 95(4) be suspended in relation thereto.
INQUIRIES
The Honourable Senator Fraser called the attention of the Senate to the work of the Inter-Parliamentary Union.
After debate,
The Honourable Senator Robichaud, P.C., for the Honourable Senator Prud'homme, 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.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Joyal, P.C.:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to sit at 3:30 p.m., on Wednesday, May 11, 2005, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian Wheat Board for the fiscal year ended March 31, 2005, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/38-515.
Report on the operations of the Exchange Fund Account, together with the Auditor General's Report, for the year 2004, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1). —Sessional Paper No. 1/38-516.
Summary of the Corporate Plan for 2006-2010 of the Business Development Bank of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-517.
Reports of the Canadian Polar Commission for the fiscal year ended March 31, 2005, 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. 1/38-518.
Report of the State of Protected Heritage Areas for 2003, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, s. 31. —Sessional Paper No. 1/38-519.
ADJOURNMENT
The Honourable Senator Robichaud, 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 5:43 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 Human Rights
The name of the Honourable Senator Baker, substituted for that of the Honourable Senator Pépin (May 5).
The name of the Honourable Senator Pépin substituted for that of the Honourable Senator Baker (May 10).
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Tardif (May 5).
The name of the Honourable Senator Gill substituted for that of the Honourable Senator Watt (May 10).