Journals of the Senate
54 Elizabeth II, A.D. 2005, Canada
Journals of the Senate
1st Session, 38th Parliament
Issue 69
Thursday, June 9, 2005
1:30 p.m.
The Honourable Shirley Maheu, Speaker pro tempore
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Buchanan, Carstairs, Chaput, Cochrane, Comeau, Cools, Corbin, Cowan, Day, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, Gustafson, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kinsella, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Mercer, Milne, Mitchell, Moore, Munson, Nolin, Oliver, Pearson, Peterson, Plamondon, Prud'homme, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Stratton, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Buchanan, *Callbeck, *Carney, Carstairs, Chaput, Cochrane, Comeau, *Cook, Cools, Corbin, *Cordy, Cowan, Day, Di Nino, Doody, Downe, Dyck, Eggleton, Fairbairn, Ferretti Barth, Finnerty, Fraser, Furey, *Grafstein, Gustafson, *Harb, *Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Kelleher, Kinsella, *Kirby, Lapointe, Lavigne, LeBreton, Léger, Losier-Cool, Maheu, Mahovlich, Mercer, Milne, Mitchell, Moore, Munson, *Murray, Nolin, Oliver, Pearson, Peterson, Plamondon, *Poulin (Charette), Prud'homme, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Stratton, *Tardif, *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 Oliver, Chair of the Standing Senate Committee on National Finance, presented its thirteenth report (fourth interim) (2005-2006 Main Estimates).
(The report is printed as an appendix)
The Honourable Senator Oliver moved, seconded by the Honourable Senator Comeau, 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 Fraser presented the following:
Thursday, June 9, 2005
The Standing Senate Committee on Transport and Communications has the honour to present its
SEVENTH REPORT
Your Committee, to which was referred Bill C-3, An Act to amend the Canada Shipping Act, the Canada Shipping Act 2001, the Canada National Marine Conservation Areas Act and the Oceans Act has, in obedience to the Order of Reference of Thursday, April 14, 2005, examined the said Bill and now reports the same without amendment. Your Committee appends to this report certain observations relating to the Bill.
Respectfully submitted,
JOAN FRASER
Chair
Observations to the Seventh Report of the Standing Senate Committee on Transport and Communications
Your Committee endorses the purpose of Bill C-3, An Act to amend the Canada Shipping Act, the Canada Shipping Act, 2001, the Canada National Marine Conservation Areas Act and the Oceans Act, which is to reflect changes made through an Order in Council, enabled by the Public Service Rearrangement and Transfer of Duties Act, on 12 December 2003. Members wish, however, to acknowledge the concerns that were expressed by some witnesses regarding two aspects of marine policy: the unchecked authority of the Department of Fisheries and Oceans to set marine navigation service fees (MNSF) and the application of the MNSF in the North.
In 1996-1997, the MNSF were introduced to cover a portion of the cost of navigation services provided to commercial shipping by the Canadian Coast Guard. The witnesses were troubled that the Bill allows the Canadian Coast Guard to continue to set the level of the MNSF. They felt strongly that, considering that the Canadian Coast Guard is dependent on MNSF revenues, there should be checks and balances in the fee-setting process. When your Committee presented this issue to the Minister of Transport, it was pleased to hear that he thought the matter worthy of serious consideration. The Minister of Transport undertook to discuss the matter with the Minister of Fisheries and Oceans and to report the results of these discussions to the Committee within the shortest possible delay.
Secondly, while the policy governing the application of the MNSF applies equally to all regions north of 60 degrees latitude, some witnesses noted that, due to the logistical realities of re-supply to the North, the burden of the MNSF is heavier on commercial shipping to the eastern Arctic ports than to the western Arctic ports. The witnesses explained that commercial shipping to the western Arctic qualifies for an exemption that applies to vessels calling at northern ports without calling at or departing from a southern port. This is because cargoes bound for western Arctic ports are transported from the south by rail to a northern port and then loaded onto ship to other northern ports in the western Arctic. The witnesses stated that eastern Arctic commercial shipping does not qualify for an exemption under the current policy because cargoes bound for ports in this region are loaded onto ships in the Montreal area. Therefore, although the MNSF policy was constructed to take into account the socio-economic conditions of the North as a whole, consumers of Nunavut and Nunavik face prices that include an additional premium for the MNSF but consumers in the western regions do not, according to the witnesses.
Your Committee supports the Bill, but it also urges the department responsible for developing MNSF policy to revisit it to take into account the distribution of the burden of the MNSF in the North to include James Bay, Ungava Bay and the entirety of Hudson Bay among the regions that qualify for an exemption. Your Committee would support a more equitable application of MNSF policy that gives consideration to the differing logistical realities for re-supply between the eastern and western Arctic.
The Honourable Senator Moore moved, seconded by the Honourable Senator Day, 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.
The Honourable Senator Smith, P.C., presented the following:
Thursday, June 9, 2005
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
FOURTH REPORT
Pursuant to its order of reference dated May 31, 2005 from the Senate your Committee is pleased to report as follows.
1. On May 31, 2005, the Senate adopted a motion by Senator Banks that the following question be referred to your Committee:
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.
2. On June 7, 2005, your Committee heard from Dr. Gary O'Brien, Deputy Clerk and Principal Clerk of the Senate, and Dr. Heather Lank, Principal Clerk, Committees Directorate of the Senate.
3. On May 18, 2005, a point of order had been raised in the Senate with respect to Bill C-15, An Act to amend the Migratory Birds Convention Act, 1994, and the Canadian Environmental Protection Act, 1999. At a meeting the previous day, the Standing Senate Committee on Energy, the Environment and Natural Resources had, by a majority vote of seven to three, adopted a motion to dispense with clause-by-clause consideration of the bill and to report unamended to the Senate. The Committee had, accordingly, reported the bill without amendment, but with observations. After a lengthy debate in the chamber, the Speaker pro tempore ruled that, while committees are regarded as the masters of their own proceedings, the motion to dispense with clause-by-clause of a bill appeared to be irregular, in that it had the effect of preventing members of the committee from having the ability to move amendments. The Speaker pro tempore did not feel that she had the authority to undo decisions that had already been taken by the committee and accepted by the Senate. However, the Speaker indicated that your Committee might wish to consider the practice with respect to clause-by-clause consideration of a bill, and the advisability that it be dispensed with through leave, rather than by motion, to ensure that no rights to which a Senator is entitled are unduly infringed.
4. Your Committee has reviewed the procedures and practices in the Senate and in other legislative bodies, and has considered various procedural authorities. The role of a committee to which a bill has been referred is to review the text in detail, and to approve it or to consider such changes as may be necessary or desirable to reflect the committee's legislative intentions. It is the right of any Senator to propose amendments to individual clauses, or to insist on the formal procedure whereby each clause of the bill is considered separately. There are times when for legitimate reasons the members of the committee are prepared to modify this procedure, but it can only be done with the agreement and consent of all members of the committee who are present. Your Committee notes the practice of Senate Committees whereby appropriate notice is given to the members of a committee before commencing clause-by-clause consideration of a bill.
5. After a careful consideration of the issues involved, your Committee agrees with the principles underlying the proposal of Senator Banks. We believe that this amendment to the rules respects the rights of all Senators, and the traditions of the Senate.
6. Your Committee has agreed to recommend a slight modification of Senator Banks' proposed rule change. We agree that this will clarify the situation for the future, and avoid any ambiguity, while at the same time achieving a balance between committees being masters of their own proceedings and the rights of individual Senators. Senator Banks has indicated that the re-worded provision is in keeping with the spirit and intent of his original motion.
Your Committee recommends that the Rules of the Senate be amended by adding after subsection (7) of Rule 96 the following:
(7.1) Except with leave of its members present, a committee cannot dispense with clause-by-clause consideration of a bill.
Respectfully submitted,
DAVID P. SMITH
Chair
The Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Robichaud, 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.
Introduction and First Reading of Government Bills
A Message was brought from the House of Commons with a Bill C-22, An Act to establish the Department of Social Development and to amend and repeal certain related Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., 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.
The Honourable Senator Rompkey, P.C., presented a Bill S-40, An Act to amend the Hazardous Materials Information Review Act.
The bill was read the first time.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., 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
Resuming debate on the motion of the Honourable Senator Peterson, seconded by the Honourable Senator Ringuette, for the second reading of Bill S-36, An Act to amend the Export and Import of Rough Diamonds Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Peterson moved, seconded by the Honourable Senator Banks, that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill S-39, An Act to amend the National Defence Act, the Criminal Code, the Sex Offender Information Registration Act and the Criminal Records Act.
The Honourable Senator Pearson moved, seconded by the Honourable Senator Milne, that the bill be read the second time.
After debate,
The Honourable Senator Stratton, for the Honourable Senator Nolin, 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.
Orders No. 3, 5 and 6 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Ordered, That notwithstanding rule 27(3), Order No. 7 (Bill S-15) remain on the Order Paper for another fifteen consecutive sitting days.
Orders No. 8 to 11 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Orders No. 15 (inquiry) and 105 (motion) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Nolin, seconded by the Honourable Senator LeBreton:
That the Standing Senate Committee on National Security and Defence be empowered, in accordance with Rule 95(3), to sit on September 14, 15 and 16, 2005, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
Orders No. 91 (motion), 4, 24, 21, 22, 23, 12 (inquiries), 94 (motion), 6 (inquiry), 85 and 78 (motions) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Downe calling the attention of the Senate to the benefits to the decentralization of federal departments, agencies and Crown corporations from the National Capital to the regions of Canada.
After debate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Mitchell, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 14, 20, 16 (inquiries), 69 (motion) and 18 (inquiry) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lavigne, seconded by the Honourable Senator Robichaud, P.C.:
That the Rules of the Senate be amended by adding after rule 135 the following:
135.1 Every Senator shall, after taking his or her Seat, take and subscribe an oath of allegiance to Canada, in the following form, before the Speaker or a person authorized to take the oath:
I, (full name of the Senator), do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Canada.
And on the motion in amendment of the Honourable Senator Day, seconded by the Honourable Senator Lavigne:
That the motion be amended by replacing, in the proposed rule 135.1, the word ``shall'', with the word ``may''.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the question be referred to Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, it was adopted.
Order No. 2 (inquiry) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Banks moved, seconded by the Honourable Senator Day:
That the papers and evidence received and taken by the Standing Senate Committee on Transport and Communications during its study of Bill S-26, An Act concerning personal watercraft in navigable waters in the First Session of the Thirty-seventh Parliament and the papers and evidence received and taken during the Second Session of the Thirty-seventh Parliament during the study of Bill S-10, and the papers and evidence received and taken during the Third Session of the Thirty-seventh Parliament during the study of Bill S-8, An Act concerning personal watercraft in navigable water be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for its study of Bill S-12, An Act concerning personal watercraft in navigable waters.
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 Losier-Cool:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 14, 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):
Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2005, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 1/38-588.
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 2:57 p.m. the Senate was continued until Tuesday, June 14, 2005 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Gustafson substituted for that of the Honourable Senator Eyton (June 9).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Chaput, Phalen, Trenholme Counsell and Carney, substituted for those of the Honourable Senators Hubley, Adams, Mahovlich and Nolin (June 9).