Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 48
Tuesday, November 7, 2006
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fortier, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Joyal, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, St. Germain, Segal, Sibbeston, Stollery, Stratton, Tardif, Tkachuk, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Banks, Bryden, Callbeck, *Campbell, Champagne, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, *Cowan, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fortier, Fraser, Furey, *Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, *Hubley, *Johnson, Joyal, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Ringuette, Rivest, Robichaud, *Rompkey, St. Germain, Segal, Sibbeston, Stollery, Stratton, Tardif, Tkachuk, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the Parliamentary Assembly of the Council of Europe-Meeting of the Committee on the Environment, Agriculture and Local and Regional Affairs, held in Paris, France, on May 12, 2006. —Sessional Paper No. 1/39-566.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 3, dated April 4, 2006, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting ministerial appointments.—Sessional Paper No. 1/39-567S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
The Honourable Senator Comeau moved, seconded by the Honourable Senator Fraser:
That, pursuant to rule 38, in relation to Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, no later than 3:30 p.m. on Thursday, November 9, 2006, any proceedings before the Senate shall be interrupted and all questions necessary to dispose of its third reading shall be put forthwith without further debate or amendment, and that any standing votes in relation to these questions not be deferred;
That, if a standing vote is requested, the bells to call in the Senators be sounded for thirty minutes after which all questions will be then put consecutively without any further sounding of the bells; and
That, with respect to the debate on the motion for third reading of the Bill, motions in amendment and subamendment be allowed for debate simultaneously without setting aside the motion for third reading of the bill, and, at the conclusion of the debate, all questions be put to dispose of any and all subamendments, amendments and the third reading motion.
The question being put on the motion, it was adopted.
Third reading of Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability, as amended.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Andreychuk, that the bill, as amended, be read the third time.
After debate,
Pursuant to the order adopted by the Senate earlier this day,
In amendment, the Honourable Senator Mercer moved, seconded by the Honourable Senator Baker, P.C., that Bill C-2 be not now read a third time but that it be amended,
(a)in clause40, on page56, by replacing lines 7 to 9 with the following:
"statements may be produced by the Commissioner for the purpose of a prosecution for'';
(b)by deleting clause 121 on pages103 to 109;
(c)by deleting clause 122 on page110;
(d)by deleting clause 123 on page110;
(e)by deleting clause 124 on pages110 and 111;
(f)by deleting clause 125 on page111;
(g)by deleting clause 126 on page111;
(h)by deleting clause 127 on page111;
(i)by deleting clause 128 on pages 111 and 112;
(j)by deleting clause 129 on page 112;
(k)by deleting clause 130 on page 112;
(l)by deleting clause 131 on pages 112 and 113;
(m)by deleting clause 132 on page 113;
(n)by deleting clause 133 on pages 113 and 114;
(o)by deleting clause 134 on page 114;
(p)by deleting clause 135 on page 115;
(q)by deleting clause 136 on page 115;
(r)by deleting clause 137 on page 115;
(s)by deleting clause 138 on page 115;
(t)by deleting clause 139 on pages 115 and 116;
(u)by deleting clause 140 on page 116; and
(v)by deleting clause 273 on page 193.
After debate,
Pursuant to the order adopted by the Senate earlier this day,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that Bill C-2 be not now read a third time but that it be amended in clause 227:
(a)on page 175,
(i)by replacing line 32 with the following:
"1.1The Governor in Council may estab-'', and
(ii)by replacing lines 35 to 39 with the following:
"other members to perform such functions as the Governor in Council may specify, and may appoint the chairperson and other members and fix their remuneration and expenses.'';
(b)on page 176, by deleting lines 1 to 41; and
(c)on page 177,by deleting lines 1 to 20.
Pursuant to the order adopted by the Senate earlier this day,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that Bill C-2 be not now read a third time but that it be amended,
(a)by deleting clause 39 on page52;
(b)by deleting clause 40 on pages52 to 56;
(c)by deleting clause 41 on page56;
(d)by deleting clause 42 on pages56 and 57;
(e)by deleting clause 43 on page57;
(f)by deleting clause 44 on pages57 and 58;
(g)by deleting clause 45 on page58;
(h)by deleting clause 46 on pages58 and 59;
(i)by deleting clause 47 on pages59 and 60;
(j)by deleting clause 48 on page60;
(k)by deleting clause 49 on pages60 and 61;
(l)by deleting clause 50 on page 61;
(m)by deleting clause 51 on page 61;
(n)by deleting clause 52, on pages 61 and 62;
(o)by deleting clause 53 on page 62;
(p)by deleting clause 54 on page 62;
(q)by deleting clause 55 on pages62 and 63;
(r)by deleting clause 56 on pages63 and 64;
(s)by deleting clause 57 on page64;
(t)by deleting clause 58 on page64;
(u)by deleting clause 59 on page64;
(v)by deleting clause 60 on page64;
(w)by deleting clause 61 on page65;
(x)by deleting clause 62 on page65;
(y)by deleting clause 63 on page65;
(z)by deleting clause 64 on page65; and
(z.1)in clause108,
(i)on page93, by deleting lines 38 to 41, and
(ii)on page 94, by deleting subclauses (4) and (4.1).
Pursuant to the order adopted by the Senate earlier this day,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that Bill C-2 be not now read a third time but that it be amended in clause121:
(a)on page103, by replacing lines 22 and 23 with the following:
"this Act referred to as the "Director'').'';
(b)on page105, by deleting lines 14 to 42;
(c)on page106,
(i)by deleting lines 1 to 8,
(ii)by replacing lines 12 and 13 with the following:
"for cause. The Director'', and
(iii)by deleting lines 40 to 42; and
(d)on page 107, by deleting lines 1 to 3.
Pursuant to the order adopted by the Senate earlier this day,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that Bill C-2 be not now read a third time but that it be amended,
(a)by deleting clause 91 on page86;
(b)by deleting clause 98 on page 87;
(c)in clause 108, on page 94, by replacing line 5 with the following:
"(5)Sections 65 to 82, 84 to 88, 90 and 92 to 97'';
(d)by deleting clause 117 on page 100;
(e)by deleting clause 141 on pages 116 and 117;
(f)by deleting clause 142 on page 117;
(g)by deleting clause 143 on page 117;
(h)by deleting clause 144 on page 118;
(i)by deleting clause 145 on page 118;
(j)by deleting clause 146 on pages 118 and 119;
(k)by deleting clause 147 on page 119;
(l)by deleting clause 148 on pages 119 and 120;
(m)by deleting clause 149 on page 120;
(n)by deleting clause 150 on page 120;
(o)by deleting clause 150.1 on page 120;
(p)by deleting clause 151 on pages 120 and 121;
(q)by deleting clause 152 on page 121;
(r)by deleting clause 153 on page 121;
(s)by deleting clause 154 on pages 121 and 122;
(t)by deleting clause 155 on page 122;
(u)by deleting clause 156 on page 122;
(v)by deleting clause 157 on page 122;
(w)by deleting clause 158 on page 122;
(x)by deleting clause 159 on pages 122 and 123;
(y)by deleting clause 160 on page 123;
(z)by deleting clause 161 on page 123;
(z.1)by deleting clause 162 on page 123;
(z.2)by deleting clause 163 on pages 123 and 124;
(z.3)by deleting clause 164 on pages 124 to 126;
(z.4)by deleting clause 166 on page 126;
(z.5)by deleting clause 167 on page 126;
(z.6)by deleting clause 168 on page 127;
(z.7)by deleting clause 169 on page 127;
(z.8)by deleting clause 170 on page 127;
(z.9)by deleting clause 171 on page 127;
(z.10)by deleting clause 172 on page 127;
(z.11)by deleting clause 172.01 on page 127;
(z.12)by deleting clause 181 on pages 131 and 132;
(z.13)by deleting clause 182 on pages 132 and 133;
(z.14)by deleting clause 183 on page 133;
(z.15)by deleting clause 184 on page 133;
(z.16)by deleting clause 185 on pages 133 and 134;
(z.17)by deleting clause 186 on page 134;
(z.18)by deleting clause 187 on page 134;
(z.19)by deleting clause 188 on page 134;
(z.20)by deleting clause 189 on page 134;
(z.21)by deleting clause 190 on pages 134 to 136;
(z.22)by deleting clause 191 on pages 136 and 137;
(z.23)by deleting clause 192 on page 137;
(z.24)by deleting clause 193 on page 137;
(z.25)by deleting clause 221 on pages 171 and 172; and
(z.26)in clause 228,
(i)on page 177,
(A)by replacing lines 21 to 30 with the following:
"228. Sections 173 to 179 and 227 come into force on a day or days to be'', and
(B)by deleting lines 32 to 44, and
(ii)on page 178, by deleting lines 1 to 4.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motions be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 and 3 were called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That, notwithstanding the Order of the Senate of April 6, 2006, when the Senate sits on Wednesday, November 8, 2006, it continue its proceedings beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1); and
That committees of the Senate scheduled to meet on Wednesday, November8, 2006 be authorized to sit 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.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Second reading of Bill S-221, An Act to establish and maintain a national registry of medical devices.
The Honourable Senator Harb moved, seconded by the Honourable Senator Keon, that the bill be read the second time.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Austin, P.C., seconded by the Honourable Senator Carstairs, P.C., for the second reading of Bill S-215, An Act to amend the Income Tax Act in order to provide tax relief.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8 and 9 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator St.Germain, P.C., seconded by the Honourable Senator Segal, for the second reading of Bill S-216, An Act providing for the Crown's recognition of self-governing First Nations of Canada.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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
Order No. 1 was called and postponed until the next sitting.
Consideration of the sixth report of the Standing Committee on Internal Economy, Budgets and Administration (economic increase), presented in the Senate on November 2, 2006.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Eyton, that the report be adopted.
The question being put on the motion, it was adopted.
Resuming debate on the consideration of the third report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Agriculture and Agri-Food Policy in Canada: Putting Farmers First!, tabled in the Senate on June 21, 2006.
After debate,
The Honourable Senator Peterson moved, seconded by the Honourable Senator Zimmer, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That the Standing Senate Committee on Foreign Affairs and International Trade have power to sit now, even though the Senate is sitting, and that rule 95(4) be suspended in relation thereto.
Reports of Committees
Order No. 4 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Chaput, seconded by the Honourable Senator Tardif, that the second report of the Standing Senate Committee on Official Languages, entitled: Understanding the Reality and Meeting the Challenges of Living in French in Nova Scotia, tabled in the Senate on October 5, 2006 be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage, the President of the Treasury Board and the Minister for Official Languages being identified as Ministers responsible for responding to the report.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Corbin, moved, seconded by the Honourable Senator Cook, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 6 was called and postponed until the next sitting.
Resuming debate on the consideration of the second report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: Out of the Shadows at Last, deposited with the Clerk of the Senate on May 8, 2006.
After debate,
The Honourable Senator Keon moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.
The question being put on the motion, it was adopted.
Other
Orders No. 14 (inquiry), 10 (motion), 17, 6, 11 (inquiries), 5 (motion), 19, 8 and 12 (inquiries) were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Bryden:
That a Special Committee of the Senate be appointed to examine and report upon the implications of an aging society in Canada;
That, notwithstanding rule 85(1)(b), the Committee comprise seven members, namely the Honourable Senators Carstairs, P.C., Chaput, Cordy, Johnson, Keon, Mercer, and Murray, P.C., and that three members constitute a quorum;
That the Committee examine the issue of aging in our society in relation to, but not limited to:
promoting active living and well being;
housing and transportation needs;
financial security and retirement;
abuse and neglect;
health promotion and prevention; and
health care needs, including chronic diseases, medication use, mental health, palliative care, home care and caregiving;
That the Committee review public programs and services for seniors, the gaps that exist in meeting the needs of seniors, and the implications for future service delivery as the population ages;
That the Committee review strategies on aging implemented in other countries;
That the Committee review Canada's role and obligations in light of the 2002 Madrid International Plan of Action on Ageing;
That the Committee consider the appropriate role of the federal government in helping Canadians age well;
That the Committee have power to send for persons, papers and records, to examine witnesses, to report from time to time and to print such papers and evidence from day to day as may be ordered by the Committee;
That the Committee have power to adjourn from place to place within Canada;
That the Committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That, pursuant to rule 95(3)(a), the Committee be authorized to meet during periods that the Senate stands adjourned for a period exceeding one week;
That the Order of Reference to the Standing Senate Committee on Social Affairs, Science and Technology concerning the aging of the population, adopted by the Senate on June 28, 2006, be withdrawn; and
That the Committee present its final report to the Senate no later than December 31, 2007, and that the Committee retain all powers necessary to publicize the findings of its Final Report until March 31, 2008.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Di Nino:
That the Senate calls upon the Government of Canada:
(a)to cause the bringing into force of section 80 of the Public Safety Act, 2002, Chapter 15 of the Statutes of Canada 2004, assented to on May 6, 2004, which amends the National Defence Act by adding a new Part VII dealing with the reinstatement in civil employment of officers and non-commissioned members of the reserve force;
(b)to consult with the provincial governments as provided in paragraph 285.13(a) of the new Part VII with respect the implementation of that Part; and
(c)to take appropriate measures in order for the provisions under the new Part VII to apply to all reservists who voluntarily participate in a military exercise or an overseas operation, and not to limit the provisions to those reservists who are called out on service in respect of an emergency.
The question being put on the motion, it was adopted.
Orders No. 101 (motion), 9 and 7 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Gill, calling the attention of the Senate to the Government of Canada's position on the First Peoples on the national and international level.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Watt, moved, seconded by the Honourable Senator Milne, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 (inquiry) was called and postponed until the next sitting.
Order No. 5 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian International Trade Tribunal entitled "Recommendation Regarding Peerless Clothing Inc. (Woven Polyester/Elastomeric Stretch Lining Fabrics)'' dated October 17, 2006, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.—Sessional Paper No. 1/39-565.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:03 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 Energy, the Environment and Natural Resources
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Kenny (November 6).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Gustafson substituted for that of the Honourable Senator Eyton (November 7).