Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 64
Tuesday, May 31, 2005
2:00 p.m.
The Honourable Daniel Hays, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Carstairs, Chaput, Comeau, Cook, Cools, Corbin, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, Grafstein, Gustafson, Hays, Hubley, Jaffer, Joyal, Kelleher, Kenny, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, McCoy, Merchant, Milne, Mitchell, Moore, Munson, Murray, Oliver, Pearson, Peterson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, *Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Buchanan, Carstairs, Chaput, Comeau, Cook, Cools, Corbin, *Cordy, *Day, De Bané, Di Nino, Doody, Downe, Dyck, Eggleton, Eyton, Fairbairn, Ferretti Barth, Finnerty, Fitzpatrick, Fraser, Furey, *Gill, Grafstein, Gustafson, Hays, Hubley, Jaffer, *Johnson, Joyal, Kelleher, Kenny, *Keon, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Lynch-Staunton, Maheu, *Mahovlich, McCoy, *Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, *Nolin, Oliver, Pearson, *Pépin, Peterson, Phalen, Plamondon, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Annual Report of the Commissioner of Official Languages 2004-05, pursuant to the Official Languages Act, R.S.C. 1985 (4th Supp.), c. 31, s. 66.—Sessional Paper No. 1/38-572.
Introduction and First Reading of Government Bills
The Honourable Senator Rompkey, P.C., presented a Bill S-38, An Act respecting the implementation of international trade commitments by Canada regarding spirit drinks of foreign countries.
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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group, respecting its participation at the Canadian/American Border Trade Alliance Conference: The Canadian/U.S. border — A Unified Focus, held in Ottawa, Ontario, from April 24 to 26, 2005.—Sessional Paper No. 1/38-573.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
A point of order was raised concerning the acceptability of Bill S-33, An Act to amend the Aeronautics Act and to make consequential amendments to other Acts.
After debate,
The Speaker reserved his decision.
Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees
SPEAKER'S RULING
Those honourable senators who have examined the Order Paper appreciate that the eleventh report of the Finance Committee deals with the estimates.
I rule that proper notice has been given. The reports are on the Order Paper and because they deal with the estimates, they are government business. An error has been made in printing the Order Paper, placing them under Other Business. It is an error and it is correctible by simply noting the error and proceeding to place the reports under Government Business.
Honourable senators may wish to stand or adjourn the matter. In any event, we are properly on the item Reports of Committee under Government Business, the report of the Finance Committee on its eleventh report.
(Accordingly, Orders No. 1 and 2 under OTHER BUSINESS, Reports of Committees were brought forward)
Consideration of the eleventh report (second interim) of the Standing Senate Committee on National Finance (2005- 2006 Main Estimates—Foundations), tabled in the Senate on May 19, 2005.
The Honourable Senator Oliver moved, seconded by the Honourable Senator LeBreton, that the report be adopted.
After debate,
The Honourable Senator Rompkey, P.C., for the Honourable Senator Day, 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.
Consideration of the twelfth report (third interim) of the Standing Senate Committee on National Finance (2005- 2006 Main Estimates—Officers of Parliament), tabled in the Senate on May 19, 2005.
The Honourable Senator Oliver moved, seconded by the Honourable Senator LeBreton, that the report be adopted.
After debate,
The Honourable Senator Rompkey, P.C., for the Honourable Senator Day, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 15 were called and postponed until the next sitting.
Reports of Committees
Orders No. 3 to 6 were called and postponed until the next sitting.
Other
Orders No. 21, 22, 23, 12 (inquiries), 94 (motion), 6 (inquiry), 85, 78 (motions), 11, 14, 20, 16 (inquiries), 69 (motion), 18 (inquiry), 91, 58 (motions), 2, 15, and 4 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Banks moved, seconded by the Honourable Senator Ferretti Barth:
That the Rules of the Senate be amended in Rule 96 by adding, in subsection (7), the following:
"In particular, clause-by-clause consideration of legislation shall not be dispensed with unless with leave.''
After debate,
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin:
That the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Federal-Provincial Crop Insurance Amending Agreements with the province of Ontario and with the Yukon Territory, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 6(1).—Sessional Paper No. 1/38-554.
Management Plan for the Kitwanga Fort National Historic Site, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/38-555.
Management Plan for the Fort Walsh National Historic Site, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/38-556.
Management Plan for the Sainte-Anne-De-Bellevue Canal, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/38-557.
Orders amending Schedule I to the Hazardous Products Act, pursuant to the Act, R.S. 1985, c. H-3, sbs. 7(1).—Sessional Paper No. 1/38-558.
Reports of the Canadian Artists and Producers Professional Relations Tribunal 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. 1/38-559.
Report on the administration of the Canadian Forces Superannuation Act, together with the Auditor General's Report, for the fiscal year ended March 31, 2004, pursuant to the Act, R.S.C. 1985, c. C-17, ss. 57 and 72.—Sessional Paper No. 1/38-560.
Report of the Communications Security Establishment Commissioner for the fiscal year ended March 31, 2005, pursuant to the National Defence Act, S.C. 2001, c. 41, s. 1021/38.—Sessional Paper No. 1/38-561.
Reports of the Canadian Forces Grievance Board 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. 1/38-562.
Report on transportation in Canada for the year 2004, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 1/38-563.
Report of the Pacific Pilotage Authority for the fiscal year ended March 31, 2005, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/38-564.
Report of the Canada Pension Plan Investment Board for the fiscal year ended March 31, 2005, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 1/38-565.
Reports of the Office of the Superintendent of Financial Institutions 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. 1/38-566.
Actuarial Report on the Old Age Security Program as at December 31, 2003, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. C-13 (2nd Supp), sbs. 9(1).—Sessional Paper No. 1/38-567.
Report on the administration and enforcement of the Energy Efficiency Act for the fiscal year ended March 31, 2004, pursuant to the Act, S.C. 1992, c. 36, s. 36.—Sessional Paper No. 1/38-568. —Sessional Paper No. 1/38-568.
Report of the Canadian Transportation Agency for the year ended December 31, 2004, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 42(3).—Sessional Paper No. 1/38-569.
Summary of the Corporate Plan for 2005-2006 of the Sport Dispute Resolution Centre of Canada, pursuant to the Physical Activity and Sport Act, S.C. 2003, c. 2, s. 32.—Sessional Paper No. 1/38-570.
Summaries of the Corporate Plan for 2005-2006 to 2009-2010 and of the Capital and Operating Budgets for 2005- 2006 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/38-571.
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 4:20 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 Aboriginal Peoples
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Mahovlich (May 19).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Massicotte substituted for that of the Honourable Senator Chaput (May 19).
Standing Senate Committee on Fisheries and Oceans
The name of the Honourable Senator Cowan substituted for that of the Honourable Senator De Bané (May 19).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Hubley substituted for that of the Honourable Senator Chaput (May 31).