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45 Elizabeth II, A.D. 1996, Canada

Journals of the Senate


Issue 38

Tuesday, October 1, 1996
2:00 p.m.

The Honourable Gildas L. Molgat, Speaker


The Members convened were:

The Honourable Senators

Adams Anderson Atkins Bacon Balfour Beaudoin Berntson Bolduc Bonnell Bosa Buchanan Carney Carstairs Cohen Comeau Cools Corbin De Bané DeWare Doody Doyle Fairbairn Forest Forestall Gauthier Grafstein Graham Grimard Haidasz Hays Hébert Kelly Kenny Keon Kinsella Landry Lavoie-Roux LeBreton Lewis Losier-Cool Lynch-Staunton Maheu Mercier Milne Molgat Murray Nolin Oliver Pearson Perrault Phillips Poulin Prud'homme Riel Rivest Robertson Robichaud Rompkey Rossiter Simard Sparrow Stanbury Stewart Stollery Taylor Tkachuk Twinn Watt Whelan

PRAYERS.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Privacy Commissioner for the period ended March 31, 1996, pursuant to the Privacy Act, R.S.C. 1985,c. P-21, s. 40(1).-Sessional Paper No. 2/35-434.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator Graham moved, seconded by the Honourable Senator Riel, P.C.:

That when the Senate adjourns today, it do stand adjourned until tomorrow, Wednesday, October 2, 1996, at 1:30 p.m.

The question being put on the motion, it was adopted.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Rompkey, P.C., tabled the following:

Third Report of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the North Atlantic Assembly Defence & Security, Economic and Political Committees, held in Brussels, on February 18 and 19, 1996.-Sessional Paper No. 2/35-435.

The Honourable Senator Hays tabled the following:

Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Seventh Annual Meeting, held in Toronto, Montreal and Ottawa, September 1 to 5, 1996.-Sessional Paper No. 2/35-436.

Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Meeting of the Executive Committee of the Asia-Pacific Parliamentary Forum held in Ottawa, September 6 to 8, 1996.-Sessional Paper No. 2/35-439.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Third reading of Bill C-56, An Act for granting to Her Majesty certain sums of money for the public service of Canada for the financial year ending March 31, 1997.

The Honourable Senator Graham moved, seconded by the Honourable Senator Whelan, P.C., that the Bill be read the third time.

The question being put on the motion, it was adopted.

The Bill was then 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.

Resuming debate on the motion of the Honourable Senator Bryden, seconded by the Honourable Senator Roux, for the second reading of Bill C-42, An Act to amend the Judges Act and to make consequential amendments to another Act.

After debate,

A Point of Order was raised as to the acceptability of the Bill.

After debate,

The Speaker reserved his decision.

Reports of Committees

Resuming the debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator De Bané, P.C., for the adoption of the Thirteenth Report of the Standing Senate Committee on Legal and Constitutional Affairs (amendment to the Constitution of Canada, Term 17 of the Terms of Union of Newfoundland with Canada), deposited with the Clerk of the Senate on July 17, 1996.

After debate,

In amendment, the Honourable Senator Doody moved, sec onded by the Honourable Senator Kinsella, that the Report be not now adopted but that it be amended by deleting the words "without amendment, but with a dissenting opinion" and substituting therefor the following:

"with the following amendment:

Delete the words in paragraph (b) of Term 17 that precede subparagraph (i) and substitute therefor the words: "where numbers warrant,"".

A Point of Order was raised.

After debate,

The Speaker reserved his decision.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 5 were called and postponed until the next sitting.

Commons Public Bills

Third reading of Bill C-243, An Act to amend the Canada Elections Act (reimbursement of election expenses).

The Honourable Senator Taylor moved, seconded by the Honourable Senator Mercier, 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 a Message be sent to the House of Commons to acquaint that House that the Senate have passed this Bill, without amendment.

Second reading of Bill C-216, An Act to amend the Broadcasting Act (broadcasting policy)

The Honourable Senator Whelan, P.C., moved, seconded by the Honourable Senator Losier-Cool , that the Bill be read the second time.

After debate,

The Honourable Senator Bolduc moved, seconded by the Honourable Senator Berntson, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Reports of Committees

Orders No. 1 to 5 were called and postponed until the next sitting.

Other

Order No. 16 (inquiry) was called and postponed until the next sitting.

Resuming debate on the inquiry of the Honourable Senator Carstairs, calling the attention of the Senate to Section 43 of the Criminal Code of Canada.

After debate,

The Honourable Senator Graham for the Honourable Senator Cools moved, seconded by the Honourable Senator Watt, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Orders No. 22 (motion), 7, 6 and 2 (inquiries) were called and postponed until the next sitting.

Reports Deposited with the Clerk of the Senate Pursuant to Rule 28(2):

Report of the International Centre for Human Rights and Democratic Development, including its accounts and financial statements certified by the Auditor General, for the fiscal year ended March 31, 1996, pursuant to the International Centre for Human Rights and Democratic Development Act, R.S.C. 1985(4th Supp.), c. 54, s. 31(3).-Sessional Paper No. 417.

Actuarial Report (including Cost Certificate) on the Pension Plan for Federally Appointed Judges as at March 31, 1995, pursuant to the Public Pensions Reporting Act, R.S.C. 1985(2nd Supp.) s. 9(1).-Sessional Paper No. 2/35-418.

Report of the Canadian International Trade Tribunal entitled: "Request for Tariff Relief by B.C. Garment Factory Ltd. regarding sewing thread" dated August 20, 1996, pursuant to the Canada-United States Free Trade Agreement Implementation Act, 1988,c. 65, sbs. 21(2).-Sessional Paper No. 2/35-419.

Report of the Canadian International Trade Tribunal entitled: "Request for Tariff Relief by. Camp Mate Limited, regarding no-see-um mesh fabric" dated September 3, 1996, pursuant to the Canada-United States Free Trade Agreement Implementation Act, 1988, c. 65, sbs. 21(2).-Sessional Paper No. 2/35-420.

Regulations amending the Unemployment Insurance Regulations made by Order in Council P.C. 1996-1453 dated September 17, 1996, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 153(3).-Sessional Paper No. 2/35-421

Employment Insurance (Fishing) Regulations made by Order in Council P.C. 1996-1454 dated September 17, 1996, pursuant to the Employment Insurance Act, S.C. 1996, c. 23,sbs. 153(3).-Sessional Paper No. 2/35-422.

Reports of the National Research Council required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985,c. P-21, s. 72(2).-Sessional Paper No. 2/35-423.

Amended Summaries of the Corporate Plan for 1996-for 1996-2000 and of the 1996 Operating and Budgets of the Laurentian Pilotage Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, s. 125(4).-Sessional Paper No. 2/35-424.

Reports of the National Gallery of Canada, required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985,c. P-21, s. 72(2).-Sessional Paper No. 2/35-425.

Report of the Public Service Commission of Canada for the fiscal year ended March 31, 1996, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).-Sessional Paper No. 2/35-426.

Report of the Auditor General of Canada to the House of Commons (Volume 2 - September 1996), pursuant to the Auditor General Act, S.C. 1994, c. 31, sbs. 7(5).-Sessional Paper No. 2/35-427.

Reports of the Department of National Defence, required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985,c. P-21, s. 72(2).-Sessional Paper No. 2/35-428.

Reports of the Immigration and Refugee Board, required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985,c. P-21, s. 72(2).-Sessional Paper No. 2/35-429.

Report of the Public Service Commission of Canada for the fiscal year ended March 31, 1996, pursuant to the Public Service Employment Act, R.S.C. 1985, c. P-33, sbs. 47(2).-Sessional Paper No. 2/35-430.

Reports of Revenue Canada required by the Access to Information Act and the Privacy Act for the period ended March 31, 1996, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 72(2) and the Privacy Act, R.S.C. 1985, c. P-21,s. 72(2).-Sessional Paper No. 2/35-431.

Copy of rules for regulating the practice and procedure of the Competition Tribunal made by Order in Council P.C. 1996-907 dated June 20, 1996, approving same, pursuant to the Competition Tribunal Act, R.S.C. 1985, c. 19 (2nd Suppl.), sbs. 16(3).-Sessional Paper No. 2/35-432.

Copy of Order in Council P.C. 1996-1246, dated August 7, 1996, concerning the Agreement on Social Security between the Government of Canada and the Government of New Zealand, pursuant to the Old Age Security Act, R.S.C. 1985,c. O-9, sbs. 42(1).-Sessional Paper No. 2/35-433.

ADJOURNMENT

The Honourable Senator Graham moved, seconded by the Honourable Senator Haidasz, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

________________________________________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Legal and Constitutional Affairs

The name of the Honourable Senator Pearson substituted for that of the Honourable Senator Anderson (October 1).

Standing Senate Committee on National Finance

The name of the Honourable Senator Forest substituted for that of the Honourable Senator Landry (October 1).


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