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60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate
(Unrevised)

1st Session, 41st Parliament


Issue 33

Thursday, November 24, 2011
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Carignan, Champagne, Chaput, Cochrane, Comeau, Cordy, Cowan, Dallaire, Dawson, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Carignan, Champagne, Chaput, Cochrane, Comeau, Cordy, Cowan, Dallaire, Dawson, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, *Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, *Mahovlich, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of documents

With leave of the Senate,

The Honourable Senator Kinsella tabled the following:

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to the Czech Republic, October 10 to 14, 2010.—Sessional Paper No. 1/41-599S.

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Slovakia, Holy See, Sovereign Military Order of Malta and Italy, October 14 to 20, 2010.—Sessional Paper No. 1/41-600S.

°    °    °

The Honourable Senator Carignan tabled the following:

Document entitled Canada's Engagement in Afghanistan — Quarterly Report to Parliament for the Period of April 1 to June 30, 2011.—Sessional Paper No. 1/41-601.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Dawson presented the following:

Thursday, November 24, 2011

The Standing Senate Committee on Transport and Communications has the honour to present its

THIRD REPORT

Your committee, to which was referred Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, has, in obedience to the order of reference of Wednesday, November 2, 2011, examined the said bill and now reports the same with the following amendment:

Page 36, clause 37: Replace lines 24 and 25 with the following:

"reporting and confidential reporting to Transport''.

Respectfully submitted,

DENNIS DAWSON

Chair

The Honourable Senator Dawson moved, seconded by the Honourable Senator Dallaire, 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 Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its fourth report (Financial Statements of the Senate of Canada, for the year ended March 31, 2011).—Sessional Paper No. 1/41-602S.

°    °    °

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fourth report (Bill S-206, An Act respecting World Autism Awareness Day, without amendment).

The Honourable Senator Munson moved, seconded by the Honourable Senator Hubley, 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 Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its sixth report (Bill C-16, An Act to amend the National Defence Act (military judges), without amendment).

The Honourable Senator Lang moved, seconded by the Honourable Senator Smith (Saurel), 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill C-13, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011 and other measures.

The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

The Honourable Senator Gerstein moved, seconded by the Honourable Senator Boisvenu that the bill be referred to the Standing Senate Committee on National Finance.

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

Inquiries

Orders No. 1 and 2 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson:

That, in accordance with rule 74(1), the Standing Senate Committee on Agriculture and Forestry be authorized to examine the subject-matter of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, introduced in the House of Commons on October 18, 2011, in advance of the said bill coming before the Senate;

And on the motion in amendment of the Honourable Senator Chaput, seconded by the Honourable Senator Mahovlich, that this motion not now be adopted, but that it be amended by adding:

"and, if the Committee decides to hold hearings on the subject matter of Bill C-18, it give consideration to hearing from all the thirteen current Directors of the Canadian Wheat Board.''.

After debate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Martin, that further debate on the motion in amendment 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 Wallace, seconded by the Honourable Senator Mockler:

That, pursuant to section 3 of the Statutes Repeal Act, R.S., 2008, c. 20, the Senate resolve that the following Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

2. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:

-ss. 1(1) and (3), 2 to 5, 6(1) and (2), 7, 9, 10, 13 to 16, s. 17 in respect of par. 88(1)(a) of the English version of the Canada Grain Act and in respect of the portion of s. 88(1) of the French version of the Canada Grain Act that reads as follows: "soit pénétrer dans une installation ou dans les locaux d'un titulaire de licence d'exploitation d'une installation ou de négociant en grains ou en cultures spéciales s'il a des motifs raisonnables de croire que des grains, des produits céréaliers ou des criblures s'y trouvent, qu'ils appartiennent au titulaire ou soient en sa possession, ainsi que des livres, registres ou autres documents relatifs à l'exploitation de l'installation ou du commerce'', and ss. 18 to 23, 24(2) and (3) and 26 to 28;

3. An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, S.C. 1998, c. 17:

-ss. 6(3), 7, 18(1), 19(4), 22 and s. 25 in respect of s. 47 of the Canadian Wheat Board Act;

4. Agricultural Marketing Programs Act, S.C. 1997, c. 20:

-ss. 44 to 46;

5. Canada Grain Act, R.S., c. G-10:

-par. (d) and (e) of definition "elevator'' in s. 2, and

-ss. 55(2) and (3);

6. Canadian Wheat Board Act, R.S., c. C-24:

-ss. 20 to 22;

7. Budget Implementation Act, 1998, S.C. 1998, c. 21:

-ss. 131 and 132;

8. An Act to implement the Agreement on Internal Trade, S.C. 1996, c. 17:

-ss. 17 and 18;

9. Nordion and Theratronics Divestiture Authorization Act, S.C. 1990, c. 4:

-s. 9;

10. Preclearance Act, S.C. 1999, c. 20:

-s. 37;

11. Contraventions Act, S.C. 1992, c. 47:

-ss. 8(1)(d), 9, 10, 12 to 16, 17(1) to (3), 18, 19, 21 to 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 with respect to ss. 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16, and 85;

12. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-ss. 89, 90, 97, 107(1) and (3), 109, 128, 174, 175(2), 176(1), 177, 178, 180 to 186, 275, 277, 286 to 288 and 290;

13. Firearms Act, S.C. 1995, c. 39:

-par. 24(2)(d), ss. 39, 42 to 46, 48 and 53;

14. Marine Liability Act, S.C. 2001, c. 6:

-s. 45;

15. Canada Marine Act, S.C. 1998, c. 10:

-ss. 140, 178, 185, and 201, and

-Part 2 to the Schedule; and

16. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-ss. 155, 157, 158, 161(1) and (4).

After debate,

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

°    °    °

Order No. 1 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 3 were called and postponed until the next sitting.

Other

Orders No. 16, 14, 4, 18, 11 (inquiries), 19, 37 (motions), 3 (inquiry), 2 (motion), 7 and 10 (inquiries) were called and postponed until the next sitting.


With leave,

The Senate reverted to Government Notices of Motions.

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:

That when the Senate adjourns today, it do stand adjourned until Tuesday, November 29, 2011, at 2 p.m.

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

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:

That the Senate do now adjourn.

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

(Accordingly, at 3:52 p.m. the Senate was continued until Tuesday, November 29, at 2 p.m.)


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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Hubley replaced the Honourable Senator Mercer (November 23, 2011).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Nolin replaced the Honourable Senator Dickson (November 23, 2011).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Dawson replaced the Honourable Senator Poulin (November 23, 2011).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Zimmer replaced the Honourable Senator Dyck (November 23, 2011).

Standing Senate Committee on Transport and Communications

The Honourable Senator Munson replaced the Honourable Senator Mercer (November 23, 2011).