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The Honourable Senators
Adams Anderson Andreychuk Atkins Austin Bacon Beaudoin Berntson Bonnell Bosa Bryden Buchanan Carstairs Cochrane Cogger Cohen Comeau Cools Corbin De Bané DeWare Di Nino Doody Doyle Eyton Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Kelly Kenny Keon Kinsella Kirby Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Marchand Meighen Mercier Milne Molgat Moore Murray Nolin Oliver Pearson Perrault Petten Phillips Pitfield Poulin Prud'homme Rivest Rizzuto Robertson Robichaud Rompkey Rossiter St. Germain Sparrow Spivak Stanbury Stewart Stollery Stratton Taylor Tkachuk Watt Whelan Wood
PRAYERS
The Honourable Senator Kirby moved, seconded by the Honourable Senator Moore, 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 question being put on the motion,
With leave of the Senate, a recorded division was deferred until 5:30 p.m. today.
Resuming debate on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Mercier, for the third reading of Bill C-45, An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act,
And on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator LeBreton, that the Bill be not now read a third time but that it be amended:
(a) in clause 1, by replacing line 7, on page 1, with the following:
"may, with the consent of the Attorney General of Canada, apply in writing to the appropriate Chief";
(b) in clause 2, by replacing line 20, on page 6, with the following:
"may, with the consent of the Attorney General of Canada, apply in writing to the appropriate Chief" ; and
(c) in clause 2, by replacing line 41, on page 10, with the following:
"may, with the consent of the Attorney General of Canada, apply in writing to the appropriate Chief",
And on the sub-amendment of the Honourable Senator Ghitter, seconded by the Honourable Senator Stratton, that the motion in amendment be amended in paragraphs (a), (b) and (c) thereof by substituting the words "Governor in Council" for the words "Attorney General of Canada".
After debate,
The question being put on the sub-amendment, it was negatived on the following division:
YEAS
The Honourable Senators
Atkins Berntson Buchanan Cochrane Cogger Cohen Comeau DeWare Di Nino Doody Forrestall Ghitter Jessiman Johnson Kelleher Kelly Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Nolin Phillips Rivest Robertson Rossiter Spivak Stratton Tkachuk-30
NAYS
The Honourable Senators
Adams Anderson Austin Bacon Bonnell Bosa Bryden Carstairs Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Kenny Kirby Kolber Landry Lawson Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Poulin Rizzuto Robichaud Sparrow Stanbury Stewart Stollery Taylor Whelan-43
ABSTENTIONS
The Honourable Senators
Andreychuk Beaudoin Doyle Prud'homme St. Germain-5
The question was put on the motion in amendment of the Honourable Senator Nolin, seconded by the Honourable Senator LeBreton, that the Bill be not now read a third time but that it be amended:
(a) in clause 1, by replacing line 7, on page 1, with the following:
"may, with the consent of the Attorney General of Canada, apply in writing to the appropriate Chief";
(b) in clause 2, by replacing line 20, on page 6, with the following:
"may, with the consent of the Attorney General of Canada, apply in writing to the appropriate Chief" ; and
(c) in clause 2, by replacing line 41, on page 10, with the following:
"may, with the consent of the Attorney General of Canada, apply in writing to the appropriate Chief".
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Atkins Berntson Buchanan Cochrane Cogger Cohen Comeau DeWare Di Nino Doody Forrestall Ghitter Jessiman Johnson Kelleher Kelly Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Nolin Phillips Rivest Robertson Rossiter Stratton Tkachuk-29
NAYS
The Honourable Senators
Adams Anderson Austin Bacon Bonnell Bosa Bryden Carstairs Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Kenny Kirby Kolber Landry Lawson Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Poulin Rizzuto Robichaud Rompkey Sparrow Stanbury Stewart Stollery Taylor Watt Whelan-45
ABSTENTIONS
The Honourable Senators
Andreychuk Beaudoin Doyle Prud'homme St. Germain Spivak-6
The question was then put on the motion of the Honourable Senator Milne, seconded by the Honourable Senator Mercier, for the third reading of Bill C-45, An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act.
The motion was adopted on the following division:
YEAS
The Honourable Senators
Adams Anderson Atkins Austin Bacon Berntson Bonnell Bosa Bryden Buchanan Carstairs Cochrane Cogger Cohen Comeau Corbin De Bané DeWare Fairbairn Forest Forrestall Ghitter Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Jessiman Johnson Kelleher Kelly Kenny Keon Kinsella Kirby Kolber Landry Lavoie-Roux Lawson LeBreton Lewis Losier-Cool Lynch-Staunton MacDonald (Halifax) Maheu Marchand Mercier Milne Moore Nolin Pearson Perrault Petten Poulin Rivest Rizzuto Robertson Robichaud Rompkey Rossiter Sparrow Spivak Stanbury Stewart Stollery Taylor Tkachuk Watt Whelan-71
NAYS
The Honourable Senators
Doody Phillips St. Germain-3
ABSTENTIONS
The Honourable Senators
Andreychuk Beaudoin Di Nino Doyle Prud'homme Stratton-6
Accordingly the Bill was read the third time and passed.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
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The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 18, 1996
Mr. Speaker:
I have the honour to inform you that the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy Governor General, will proceed to the Senate Chamber today, the 18th day of December, 1996, at6:30 p.m. for the purpose of giving Royal Assent to certain Bills.
Yours sincerely,
Judith A. LaRocque
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
The Honourable Senator Keon moved, seconded by the Honourable Senator Andreychuk, that the Bill be read the second time.
After debate,
The Honourable Senator Bosa moved, seconded by the Honourable Senator Gigantès, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 4 was called and pursuant to Rule 27(3) was dropped from the Order Paper.
That, notwithstanding Rule 98, the Standing Senate Committee on Energy, the Environment and Natural Resources present an interim report, before submitting its final report on Bill C-29, An Act to regulate interprovincial trade in and the importation for commercial purposes of certain manganese-based substances, relating to its findings on the following questions:
(1) Is MMT based petroleum the cause of OBD malfunctioning?
(2) Does MMT in gas cause a health hazard to Canadians?
(3) Does MMT in gas cause direct damage to the environment?
After debate,
The Honourable Senator Kenny moved, seconded by the Honourable Senator Stewart, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Pursuant to Rule 7.(2), the sitting was suspended until 5:15 p.m.
The sitting resumed.
The question was put on the motion in amendment of the Honourable Senator Prud'homme, P.C., seconded by the Honourable Senator Nolin, that the Bill be not now read a third time but that it be amended:
(a) on page 2, by deleting clause 1.1;
(b) on page 26, by deleting clause 44.1; and
(c) on page 28, by deleting clause 46.1.
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Cochrane Cogger Cohen Comeau DeWare Di Nino Doody Doyle Eyton Forrestall Jessiman Johnson Kelleher Kelly Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Phillips Prud'homme Rivest Robertson Rossiter Spivak Stratton Tkachuk-37
NAYS
The Honourable Senators
Adams Anderson Austin Bacon Bonnell Bosa Bryden Carstairs Cools Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Kenny Kirby Kolber Landry Lawson Lewis Losier-Cool Maheu Marchand Mercier Milne Molgat Moore Pearson Perrault Petten Pitfield Poulin Rizzuto Robichaud Rompkey Sparrow Stanbury Stewart Stollery Taylor Watt Whelan Wood-49
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the sub-amendment of the Honourable Senator Lynch-Staunton, seconded by the Honourable Senator Doyle, that the motion in amendment of the Honourable Senator Murray, P.C., be amended by replacing Clause 94, lines 10 to 28 on page 44, with the following:
"94.(1) Sections 2, 12 and 22 of this Act come into force on the day fixed by the Governor in Council for the return of the writs of election for the general election for the thirty-sixth Parliament.
(2) Subject to subsection (1), this Act or any provision of this Act or any provision of any Act enacted by this Act comes into force on January 1, 2000 or on such earlier day or days as are fixed by order of the Governor in Council."
The sub-amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Cochrane Cogger Cohen Comeau DeWare Di Nino Doody Doyle Eyton Forrestall Jessiman Johnson Kelleher Kelly Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Phillips Rivest Robertson Rossiter Spivak Stratton Tkachuk-36
NAYS
The Honourable Senators
Adams Anderson Austin Bacon Bonnell Bosa Bryden Carstairs Cools Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Kenny Kirby Kolber Landry Lawson Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Pitfield Poulin Prud'homme Rizzuto Robichaud Rompkey Sparrow Stanbury Stewart Stollery Taylor Watt Whelan Wood-49
ABSTENTIONS
The Honourable Senators
Nil
The question was put on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Beaudoin, that the Bill be not now read a third time but that it be amended:
(a) in clause 12, on page 5, by replacing line 8 with the following:
"referred to in subparagraphs 71.011(a)(ii) or (iii). The"; and
(b) in clause 22, on page 11, by replacing lines 3 to 6 with the following:
"(a) information that is
(i) collected by means of the enumeration conducted for the general election for the thirty-sixth Parliament, if the Chief Electoral Officer considers the information adequate for the establishment of the Register of Electors;
(ii) collected by means of an enumeration contemplated by section 63; or
(iii) contained in a list of electors to which".
The motion in amendment was negatived on the following division:
YEAS
The Honourable Senators
Andreychuk Atkins Beaudoin Berntson Buchanan Cochrane Cogger Cohen Comeau DeWare Di Nino Doody Doyle Eyton Forrestall Jessiman Johnson Kelleher Kelly Keon Kinsella Lavoie-Roux LeBreton Lynch-Staunton MacDonald (Halifax) Meighen Murray Nolin Oliver Phillips Rivest Robertson Rossiter Spivak Stratton Tkachuk-36
NAYS
The Honourable Senators
Adams Anderson Austin Bacon Bonnell Bosa Bryden Carstairs Cools Corbin De Bané Fairbairn Forest Gigantès Grafstein Graham Haidasz Hays Hébert Hervieux-Payette Kenny Kirby Kolber Landry Lawson Lewis Losier-Cool Maheu Marchand Mercier Milne Moore Pearson Perrault Petten Pitfield Poulin Prud'homme Rizzuto Robichaud Rompkey Sparrow Stanbury Stewart Stollery Taylor Watt Whelan Wood-49
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Pearson, for the third reading of Bill C-63, An Act to amend the Canada Elections Act, the Parliament of Canada Act and the Referendum Act, it was adopted on division.
The Bill was then read the third time and passed, on divison.
Ordered, That a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.
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Ordered, That Order No. 1 under OTHER BUSINESS, Commons Public Bills, set down on the Orders of the Day for the next sitting, be brought forward.
Resuming debate on the motion of the Honourable Senator Keon, seconded by the Honourable Senator Andreychuk, for the second reading of Bill C-202, An Act respecting a National Organ Donor Week in Canada.
After debate,
The question being put on the motion, it was adopted.
The Bill was then read the second time.
The Honourable Senator Keon moved, seconded by the Honourable Senator Andreychuk, 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.
__________________________________
Pursuant to Rule 135(4), the sitting was suspended until 6:25 p.m.
The sitting resumed.
After awhile, the Right Honourable Antonio Lamer, Chief Justice of the Supreme Court of Canada, in his capacity as Deputy of His Excellency the Governor General, having come and being seated at the foot of the Throne-
The Honourable the Speaker commanded the Gentleman Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:-
"It is the desire of the Right Honourable the Deputy of His Excellency the Governor General that they attend him immediately in the Senate Chamber."
The House of Commons being come,
One of the Clerks at the Table read the titles of the Bills to be assented to as follows:
An Act respecting the oceans of Canada (Bill C-26, Chapter31, 1996)
An Act to amend the Canada Labour Code (minimum wage) (Bill C-35, Chapter 32, 1996)
An Act to implement the Canada-Israel Free Trade Agreement (Bill C-61, Chapter 33, 1996)
An Act to amend the Criminal Code (judicial review of parole ineligibility) and another Act (Bill C-45, Chapter34, 1996)
An Act to amend the Canada Elections Act, the Parliament of Canada Act and the Referendum Act (Bill C-63, Chapter 35, 1996)
An Act to change the names of certain electoral districts (Bill C-347, Chapter 36, 1996).
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:-
"In Her Majesty's name, the Right Honourable the Deputy of His Excellency the Governor General doth assent to these Bills."
6:40 p.m.
The Commons withdrew.
After which the Right Honourable the Deputy of His Excellency the Governor General was pleased to retire.
__________________________________
With leave,The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Graham moved, seconded by the Honourable Senator Perrault, P.C.:
That when the Senate adjourns today, it do stand adjourned until Monday, February 3, 1997, at 8:00 p.m.
The question being put on the motion, it was adopted.
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
