Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 40
Tuesday, June 2, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Smith (Cobourg), St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kenny, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Smith (Cobourg), St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
SENATORS' STATEMENTS
Pursuant to rule 43(7), the Honourable Senator Tardif gave notice that she would raise a question of privilege concerning the press conference held on Thursday, May 28, 2009, during which the government announced the content of Bill S-7 (Senate term limits) before the bill was introduced in the Senate.
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its eighth report (budget—release of additional funds (study on China, India and Russia)—power to hire staff and to travel).
(The report is printed as appendix "A'' at pages 765-772 (available in print format PDF))
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, 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 Chaput, Chair of the Standing Senate Committee on Official Languages, presented its second report (budget—study on the application of the Official Languages Act— power to hire staff and to travel).
(The report is printed as appendix "B'' at pages 773-784 (available in print format PDF))
The Honourable Senator Chaput moved, seconded by the Honourable Senator Pépin, 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 Senate Public Bills
The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-238, An Act to establish gender parity on the board of directors of certain corporations, financial institutions and parent Crown corporations.
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Carstairs, 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.
Presentation of Petitions
The Honourable Senator Harb presented petitions:
Of Residents of Canada concerning Canada's commercial seal hunt.
With leave,
The Senate reverted to Notices of Motion.
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Nolin:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5 p.m. Tuesday, June 2, 2009, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 6, dated January 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Guaranteed Income Supplement.—Sessional Paper No. 2/40-415S.
Reply to Question No. 19, dated February 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Jaffer, respecting the role Canada is playing to help stabilize and protect citizens in the Democratic Republic of the Congo.—Sessional Paper No. 2/40-416S.
Reply to Question No. 20, dated February 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Jaffer, respecting the Canadian special envoy for the Democratic Republic of the Congo.—Sessional Paper No. 2/40-417S.
Reply to Question No. 21, dated February 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Jaffer, respecting the United Nations Mission in the Democratic Republic of the Congo.—Sessional Paper No. 2/40-418S.
Reply to Question No. 22, dated February 26, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Jaffer, respecting the recognition of foreign credentials.—Sessional Paper No. 2/40-419S.
Reply to Question No. 26, dated March 12, 2009, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Jaffer, respecting the number of Congolese women who have been granted refugee status in Canada.—Sessional Paper No. 2/40-420S.
COMMITTEE OF THE WHOLE
At 3:04 p.m., pursuant to the order adopted on May 13, 2009, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to hear from the President of the Inuit Tapiriit Kanatami, for the purpose of reporting on progress made on commitments endorsed by parliamentarians of both Chambers during the year following the Government's apology to former students of Indian Residential Schools, the Honourable Senator Losier- Cool in the Chair.
—In the Committee—
Pursuant to the order adopted on May 13, 2009, Ms. Mary Simon was escorted to her seat in the Senate Chamber.
Debate.
Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witness.
The sitting of the Senate resumed.
The Chair of the Committee informed the Senate that the Committee has heard the witness.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Adams:
That, in accordance with section 38 of the Nunavut Act, chapter 28 of the Statutes of Canada, 1993, the Senate concur in the June 4, 2008 passage of the Official Languages Act by the Legislative Assembly of Nunavut.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills
Second reading of Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act.
The Honourable Senator Brazeau moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Third reading of Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, 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 has passed this bill, without amendment.
° ° °
Order No. 2 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-29, An Act to increase the availability of agricultural loans and to repeal the Farm Improvement Loans Act.
The Honourable Senator Duffy moved, seconded by the Honourable Senator MacDonald, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Gerstein, for the second reading of Bill C-11, An Act to promote safety and security with respect to human pathogens and toxins.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon, 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.
° ° °
Orders No. 7 to 9 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Adams, for the third reading of Bill S-217, An Act respecting a National Philanthropy Day, as amended.
The question being put on the motion, it was adopted.
The bill, as amended, 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.
° ° °
Orders No. 2 to 23 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-213, An Act to amend the Income Tax Act (carbon offset tax credit).
After debate,
The Honourable Senator Comeau, for the Honourable Senator Di Nino, moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins, for the second reading of Bill S-222, An Act to amend the International Boundary Waters Treaty Act (bulk water removal).
After debate,
The Honourable Senator Comeau, for the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 26 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 10 were called and postponed until the next sitting.
Other
Orders No. 2 (inquiry), 42 and 46 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:
(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;
(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;
(c) examination of the current federal/provincial transfer mechanism for post-secondary education;
(d) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and
(e) any other matters related to the study; and
That the Committee submit its final report no later than December 31, 2010, and that the Committee retain until June 30, 2011, all powers necessary to publicize its findings;
And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Munson, that the motion be amended by adding immediately after paragraph (b) the following:
"(c) evaluation of the current mechanisms to fund scientific research and development in post-secondary and related institutions and the commercialization of such research;''
And by then relettering the subsequent paragraphs accordingly.
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Callbeck, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:
(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;
(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;
(c) evaluation of the current mechanisms to fund scientific research and development in post-secondary and related institutions and the commercialization of such research;
(d) examination of the current federal/provincial transfer mechanism for post-secondary education;
(e) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and
(f) any other matters related to the study; and
That the Committee submit its final report no later than December 31, 2010, and that the Committee retain until June 30, 2011, all powers necessary to publicize its findings;
The motion, as amended, was adopted.
° ° °
Orders No. 1, 6 (inquiries), 10, 23, 8, 9 (motions), 10 (inquiry), 7, 25 (motions), 17 (inquiry), 12, 60 (motions), 19 (inquiry), 28, 44 (motions), 13, 15 (inquiries), 49, 57, 51, 13 (motions) and 12 (inquiry) were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Tardif concerning the press conference held on Thursday, May 28, 2009, during which the government announced the content of Bill S-7 (Senate term limits) before the bill was introduced in the Senate.
Debate.
With leave of the Senate,
The Honourable Senator Tardif tabled the following:
Document entitled Canada's Government Moves Forward with Senate Reform, dated May 28, 2009, and a media advisory of the Minister of State (Democratic Reform), dated May 27, 2009. —Sessional Paper No. 2/40-421S.
Ordered, That committees of the Senate scheduled to meet today be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The Senate resumed debate on the question of privilege of the Honourable Senator Tardif concerning the press conference held on Thursday, May 28, 2009, during which the government announced the content of Bill S-7 (Senate term limits) before the bill was introduced in the Senate.
After debate,
The Speaker reserved his decision.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copy of Order in Council P.C. 2009-657 dated April 29, 2009, directing the Canada Development Investment Corporation to acquire shares in Chrysler LLC, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4).—Sessional Paper No. 2/40-408.
Report of the Canada Pension Plan Investment Board, together with the Auditors' Report, for the fiscal year ended March 31, 2009, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 2/40-409.
Summaries of the Corporate Plan for 2009-2010 to 2013-2014 and of the Capital and Operating Budgets for 2009- 2010 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-410.
Reports of the Bank of Canada for the year ended December 31, 2008, 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. 2/40-411.
Summaries of the Corporate Plan and the Operating and Capital Budget for 2009-2010 to 2013-2014 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. 2/40-412.
Report of Farm Credit Canada for the fiscal year ended March 31, 2009, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-413.
Report in Response to the Kelowna Accord Implementation Act for the fiscal year ended March 31, 2008, pursuant to the Act, S.C. 2008, c. 23, s. 3.—Sessional Paper No. 2/40-414.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:15 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 Honourable Senator Campbell replaced the Honourable Senator Fairbairn, P.C. (June 2, 2009).
The Honourable Senator Martin replaced the Honourable Senator Raine (June 1, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Campbell (May 28, 2009).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Munson replaced the Honourable Senator Poulin (June 2, 2009).
The Honourable Senator Mahovlich replaced the Honourable Senator Callbeck (May 28, 2009).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Day was added to the membership of the committee (June 1, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Watt replaced the Honourable Senator Milne (June 1, 2009).
The Honourable Senator Banks replaced the Honourable Senator Fraser (May 28, 2009).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Hubley replaced the Honourable Senator Downe (May 28, 2009).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Dawson replaced the Honourable Senator Zimmer (May 28, 2009).
The Honourable Senator Zimmer replaced the Honourable Senator Dawson (May 28, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Rompkey, P.C., replaced the Honourable Senator Milne (June 1, 2009).
The Honourable Senator Banks replaced the Honourable Senator Campbell (May 28, 2009).
The Honourable Senator Bryden replaced the Honourable Senator Mitchell (May 28, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Greene replaced the Honourable Senator Gerstein (June 2, 2009).
The Honourable Senator Callbeck replaced the Honourable Senator Munson (June 2, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Dawson (June 2, 2009).
The Honourable Senator Dawson replaced the Honourable Senator Mitchell (June 1, 2009).
The Honourable Senator Munson replaced the Honourable Senator Callbeck (June 1, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Lang (June 2, 2009).
The Honourable Senator Meighen replaced the Honourable Senator Nolin (June 2, 2009).
Standing Senate Committee on Official Languages
The Honourable Senator Nolin replaced the Honourable Senator Fortin-Duplessis (June 2, 2009).
The Honourable Senator Champagne, P.C., replaced the Honourable Senator Nolin (June 2, 2009).
The Honourable Senator Nolin replaced the Honourable Senator Champagne, P.C. (June 1, 2009).
The Honourable Senator Dawson was added to the membership of the committee (June 1, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Dyck replaced the Honourable Senator Merchant (May 28, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Dawson (June 2, 2009).