Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 49
Wednesday, November 8, 2006
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Austin, Bacon, Banks, Biron, Bryden, Callbeck, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Ringuette, Rivest, Robichaud, St. Germain, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Adams, Andreychuk, Angus, Atkins, Austin, Bacon, *Baker, Banks, Biron, Bryden, Callbeck, *Campbell, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, *Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Furey, *Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, *Hubley, *Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Ringuette, Rivest, Robichaud, *Rompkey, St. Germain, Segal, Sibbeston, Smith, Stollery, Stratton, Tardif, Tkachuk, Watt, 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 June 9, 2006. —Sessional Paper No. 1/39-569.
The Honourable Senator Champagne, P.C. tabled the following:
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its Parliamentary Mission to Port-au-Prince, Haiti, from September 5 to 8, 2006. —Sessional Paper No. 1/39-570.
Report of the Canadian Section of the Assemblée parlementaire de la Francophonie, respecting its participation at the Eleventh Meeting of the Heads of State and Government of Countries using French as a Common Language, held in Bucharest, Romania, from September 25 to 29, 2006. —Sessional Paper No. 1/39-571.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Stratton, seconded by the Honourable Senator Andreychuk, for the 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;
And on the motion in amendment of the Honourable Senator Mercer, 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 clause 40, on page 56, 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 pages 103 to 109;
(c) by deleting clause 122 on page 110;
(d) by deleting clause 123 on page 110;
(e) by deleting clause 124 on pages 110 and 111;
(f) by deleting clause 125 on page 111;
(g) by deleting clause 126 on page 111;
(h) by deleting clause 127 on page 111;
(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;
And on the motion in amendment of the Honourable Senator Murray, P.C., 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:
"1.1 The 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;
And on the motion in amendment of the Honourable Senator Murray, P.C., 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 page 52;
(b) by deleting clause 40 on pages 52 to 56;
(c) by deleting clause 41 on page 56;
(d) by deleting clause 42 on pages 56 and 57;
(e) by deleting clause 43 on page 57;
(f) by deleting clause 44 on pages 57 and 58;
(g) by deleting clause 45 on page 58;
(h) by deleting clause 46 on pages 58 and 59;
(i) by deleting clause 47 on pages 59 and 60;
(j) by deleting clause 48 on page 60;
(k) by deleting clause 49 on pages 60 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 pages 62 and 63;
(r) by deleting clause 56 on pages 63 and 64;
(s) by deleting clause 57 on page 64;
(t) by deleting clause 58 on page 64;
(u) by deleting clause 59 on page 64;
(v) by deleting clause 60 on page 64;
(w) by deleting clause 61 on page 65;
(x) by deleting clause 62 on page 65;
(y) by deleting clause 63 on page 65;
(z) by deleting clause 64 on page 65; and
(z.1) in clause 108,
(i) on page 93, by deleting lines 38 to 41, and
(ii) on page 94, by deleting subclauses (4) and (4.1);
And on the motion in amendment of the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins, that Bill C-2 be not now read a third time but that it be amended in clause 121:
(a) on page 103, by replacing lines 22 and 23 with the following:
"this Act referred to as the "Director'').'';
(b) on page 105, by deleting lines 14 to 42;
(c) on page 106,
(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;
And on the motion in amendment of the Honourable Senator Murray, P.C., 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 page 86;
(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,
Pursuant to the order adopted by the Senate on November 7, 2006,
In amendment, the Honourable Senator Milne moved, seconded by the Honourable Senator Day, that Bill C-2 be not now read a third time but that it be amended in clause 150.1, on page 120, by adding after the words "However, the head shall not disclose'' the following:
"under this section''.
After debate,
Pursuant to the order adopted by the Senate on November 7, 2006,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Oliver, that Bill C-2 be not now read a third time but that it be amended in clause 2 on page 32, by replacing lines 23 to 25 with the following:
"64. (1) Nothing in this Act prohibits a member of the Senate or the House of Commons who is a public office holder or former public office holder from engaging in those''.
After debate,
Pursuant to the order adopted by the Senate on November 7, 2006,
In amendment, the Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, that Bill C-2 be not now read a third time but that it be amended in clause 227, in the French version:
(a) on page 176,
(i) by replacing line 19 with the following:
"c) établir un code de pratique régissant les'',
(ii) by replacing line 29 with the following:
"l'observation du code de pratique'',
(iii) by replacing line 31 with the following:
"tion du code de pratique par le gouvernement et '',
(iv) by replacing line 40 with the following:
"lement de mandat relevant du code de pratique''; and
(b) on page 177, by replacing line 9 with the following:
"tout incident de non-observation de son code de''.
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 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Comeau, for the second reading of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure).
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.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 10 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 5 were called and postponed until the next sitting.
Other
Order No. 15 (inquiry) was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Fairbairn, P.C., calling the attention of the Senate to the State of Literacy in Canada, which will give every Senator in this Chamber the opportunity to speak out on an issue in our country that is often forgotten.
After debate,
The Honourable Senator Robichaud, P.C. moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 10 (motion), 17, 6, 11 (inquiries), 5 (motion), 19, 8, 12 (inquiries), 101 (motion), 9, 7 and 3 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore:
That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Energy, the Environment and Natural Resources during its study of Bill S-18, An Act to amend the Food and Drugs Act (clean drinking water) in the First Session of the Thirty-seventh Parliament be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for its study of Bill S-205, An Act to amend the Food and Drugs Act (clean drinking water).
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Hazardous Materials Information Review Commission for the fiscal year ended March 31, 2006, pursuant to the Hazardous Materials Information Review Act, S.C. 1987, c. 30, sbs. 45(2).—Sessional Paper No. 1/39- 568.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:11 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 National Finance
The names of the Honourable Senators Cowan and Rompkey substituted for those of the Honourable Senators Mercer and Baker (November 7).
Standing Committee on Internal Economy, Budgets and Administration
The name of the Honourable Senator St. Germain substituted for that of the Honourable Senator Prud'homme (November 7).
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Jaffer (November 8).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Bryden substituted for that of the Honourable Senator Campbell (November 7).
Standing Senate Committee on Energy, the Environment and Natural Resources
The names of the Honourable Senators Kenny and Adams substituted for those of the Honourable Senators Mercer and Mitchell (November 8).