Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 59
Monday, December 11, 2006
6:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Callbeck, Campbell, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, De Bané, Di Nino, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Mercer, Milne, Munson, Murray, Nolin, Oliver, Phalen, Poulin (Charette), Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Spivak, Stollery, Stratton, Tkachuk, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Atkins, Austin, Bacon, Baker, Banks, Callbeck, Campbell, Carstairs, Champagne, Chaput, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, *Day, De Bané, Di Nino, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Harb, Hays, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Meighen, Mercer, Milne, Munson, Murray, *Nancy Ruth, Nolin, Oliver, Phalen, Poulin (Charette), Prud'homme, Ringuette, Robichaud, Rompkey, St. Germain, Spivak, Stollery, Stratton, *Tardif, Tkachuk, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Stratton tabled the following:
Document entitled: Plan of Action for Drinking Water in First Nations Communities (December 7, 2006).—Sessional Paper No. 1/39-620.
Report of the Expert Panel on Safe Drinking Water for First Nations (November 2006).—Sessional Paper No. 1/39- 621.
Final Report of the Aboriginal Healing Foundation (2006). —Sessional Paper No. 1/39-622.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Furey presented the following:
Monday, December 11, 2006
The Standing Committee on Internal Economy, Budgets and Administration had the honour to present its
TENTH REPORT
Your Committee recommends that the operating budget of the Opposition Whip be increased by $10,000 and that an additional amount of $75,000 be allocated to the Leadership of the Opposition.
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey 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 Furey presented the following:
Monday, December 11, 2006
The Standing Committee on Internal Economy, Budgets and Administration had the honour to present its
ELEVENTH REPORT
Your Committee recommends that the entitlements of the Leader of the Opposition be amended to include an allocation for transportation. The allocation recommended is identical to that offered to Deputy Ministers and to the Leaders of the Opposition Parties in the House of Commons.
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Phalen, 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 Government Bills
A message was brought from the House of Commons with a Bill C-28, A second Act to implement certain provisions of the budget tabled in Parliament on May 2, 2006, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Johnson, 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was received from the House of Commons to return Bill C-2, An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability,
And to acquaint the Senate that the Commons have agreed to the amendments made by the Senate to this Bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Meighen, seconded by the Honourable Senator Comeau, for the second reading of Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Meighen, that the bill be referred to the Standing Senate Committee on National Finance.
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 Keon, for the second reading of Bill C-34, An Act to provide for jurisdiction over education on First Nation lands in British Columbia.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Keon, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson:
That the Senate do resolve itself into a Committee of the Whole on Tuesday, December 12, 2006, at 8 p.m., in order to receive Mr. Robert Marleau respecting his appointment as Information Commissioner;
That television cameras be authorized in the Senate Chamber to broadcast the proceedings of the Committee of the Whole, with the least possible disruption of the proceedings; and
That photographers be authorized in the Senate Chamber to photograph the witness before the commencement of the testimony, with the least possible disruption of the proceedings.
After debate,
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Rompkey, P.C., presented the following:
Monday, December 11, 2006
The Standing Senate Committee on Fisheries and Oceans has the honour to present its
FIFTH REPORT
Your Committee, to which was referred Bill S-220, An Act to protect heritage lighthouses, has, in obedience to the Order of Reference of Tuesday, November 28, 2006, examined the said Bill and now reports the same with the following amendments:
1. Clause 2:
(a) Page 1:
(i) Add after line 22 the following:
""advisory committee'' means the advisory committee established by the Minister under section 9.1.'',
(ii) Add after line 25 the following:
""established criteria'' means the criteria established by the Minister under paragraph 18(a).'', and
(iii) Delete lines 26 to 29; and
(b) Page 2:
(i) Replace line 3 and 4 with the following:
"this Act, and includes any related built structure that is included in the designation.'',
(ii) Replace line 10 with the following:
"use as an aid to navigation.'',
(iii) Replace lines 11 to 14 with the following:
""Minister'' means the Minister responsible for the Parks Canada Agency.'',
(iv) Delete line 15, and
(v) Replace lines 16 to 19 with the following:
""related built structure'', in relation to a lighthouse, means any built structure on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse.''.
2. Clause 4, page 2: Replace lines 28 to 30 with the following:
"4. This Act applies to lighthouses that are the property of Her Majesty in right of Canada.''.
3. Clause 6, page 2:
(a) Replace lines 33 and 34 with the following:
"6. (1) The Minister may, at any time, taking into account the established criteria,''; and
(b) Replace line 38 with the following:
"include any related built structure that the Minister considers should be included in the designation, taking into account the established criteria.''.
4. Delete clause 7, page 3.
5. Clause 8, page 3:
(a) Replace line 24 with the following:
"into account the established criteria,'';
(b) Replace line 26 with the following:
"which the Minister receives a petition; and''; and
(c) Replace lines 29 to 35 with the following:
"whether any related built structures should be included in the designations, and make the appropriate designations.''.
6. Clause 9, page 3: Replace line 43 with the following:
"it has been desig-''.
7. New clause 9.1, page 3: Add after line 44 the following:
"9.1 The Minister must establish an advisory committee to advise and assist the Minister on matters relating to heritage lighthouses, including the designation and protection of heritage lighthouses and the establishment of criteria for their designation, alteration and maintenance.''.
8. Clause 10:
(a) Page 3: Replace lines 45 to 51 with the following:
"10. The Minister must consult with the advisory committee, and may consult with any other persons or bodies that the Minister considers appropriate, before determining whether a lighthouse should be designated as a heritage lighthouse and whether any related built structure should be included in the designation.''; and
(b) Page 4: Delete lines 1 to 13.
9. Clause 11, page 4:
(a) Replace lines 14 to 18 with the following:
"11. (1) A heritage lighthouse, or any part of it, may only be altered in accordance with the criteria and procedures established under paragraph 18(b).''; and
(b) Replace lines 24 to 29 with the following:
"does not affect the heritage character of the heritage lighthouse.''.
10. Clause 12, page 4: Replace lines 30 to 41 with the following:
"12. (1) A heritage lighthouse, or any part of it, may only be transferred to Her Majesty in right of a province or sold if a notice is published at least 90 days before the transfer or sale in one or more newspapers of general circulation in the area in which the lighthouse is situated.
(2) A heritage lighthouse, or any part of it, may only be sold if a public meeting is held on the matter in the area in which the lighthouse is situated, unless the sale is to a municipality.
(3) Any transaction effecting a transfer to Her Majesty in right of a province or a sale shall provide for the protection of the heritage character of the heritage lighthouse by any means that the Minister may authorize.''.
11. Clause 13:
(a) Page 4: Replace lines 42 to 45 with the following:
"13. (1) A heritage lighthouse, or any part of it, may only be demolished if there is no reasonable alternative and if a notice is published at least 90 days before the demolition in one or more newspapers of general circulation in the area in which the lighthouse is situated.''; and
(b) Page 5: Replace lines 1 to 14 with the following:
"(2) Subsection (1) does not apply in respect of the demolition of a heritage lighthouse in response to any emergency situation or an urgent operational requirement.''.
12. Delete clause 14, page 5.
13. Delete clause 15, pages 5 and 6.
14. Delete clause 16, page 6.
15. Clause 17, page 6: Replace lines 25 to 27 with the following:
"maintain it in accordance with the criteria established under paragraph 18(c).''.
16. Clause 18:
(a) Page 6:
(i) Replace lines 28 to 30 with the following:
"18. The Minister must
(a) establish criteria to be taken into'', and
(ii) Replace lines 33 to 46 with the following:
"lighthouse and whether any related built structure should be included in the designation;
(b) establish criteria and procedures respecting the alteration of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties;
(c) establish criteria for the maintenance of heritage lighthouses that are in keeping with national and international standards for the conservation of heritage properties; and
(d) include in the criteria and procedures established under paragraph (b) requirements that all interested persons be given a reasonable opportunity to make representations concerning any proposed alteration of a heritage lighthouse or any part of it, and that a public meeting be held concerning the proposed alteration.''; and
(b) Page 7: Delete lines 1 and 2.
Respectfully submitted,
WILLIAM ROMPKEY
Chair
The Honourable Senator Rompkey, P.C. moved, seconded by the Honourable Senator Fox, P.C., 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.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 8 and 9 were called and postponed until the next sitting.
Reports of Committees
Consideration of the sixth report of the Standing Senate Committee on Human Rights (budget—study on Canada's international and national human rights obligations—power to travel), presented in the Senate on December 7, 2006.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Austin, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the ninth report of the Standing Committee on Internal Economy, Budgets and Administration (committee budget—legislation), presented in the Senate on December 7, 2006.
The Honourable Senator Furey moved, seconded by the Honourable Senator Phalen, that the report be adopted.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator Hays, seconded by the Honourable Senator Fraser, for the adoption of the second report of the Special Senate Committee on Senate Reform (motion to amend the Constitution of Canada (western regional representation in the Senate), without amendment but with observations), presented in the Senate on October 26, 2006.
After debate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Campbell, that the second report of the Special Senate Committee on Senate Reform be not now adopted but that the motion to amend the Constitution of Canada (western regional representation in the Senate), be amended as follows:
(a) by replacing, in the third paragraph of the motion, the words "British Columbia be made a separate division represented by 12 Senators;'' with the following:
"British Columbia be made a separate division represented by 24 Senators;'';
(b) by replacing, in clause 1 of the Schedule to the motion, in section 21, the words "consist of One hundred and seventeen Members'' with the following:
"consist of One hundred and twenty-nine Members'';
(c) by replacing, in clause 1 of the Schedule to the motion, in section 22, the words "British Columbia by Twelve Senators;'' with the following:
"British Columbia by Twenty-four Senators;'';
(d) by striking out, in clause 2 of the Schedule to the motion, in section 27, the words "or, in the case of British Columbia, Twelve Senators,''; and
(e) by replacing, in clause 2 of the Schedule to the motion, in section 28, the words "exceed One hundred and twenty-seven.'' with the following:
"exceed One hundred and thirty-nine.''.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-12, An Act to provide for emergency management and to amend and repeal certain Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, 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.
Reports of Committees
Orders No. 4 to 8 were called and postponed until the next sitting.
Other
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 LeBreton, P.C., moved, seconded by the Honourable Senator Comeau, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 9 (inquiry), 92 (motion), 8, 12 (inquiries), 104, 124 (motions), 3 (inquiry), 119 (motion), 20, 15, 17, 6, 11 (inquiries), 5 (motion) and 19 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Joyal, P.C., for the Honourable Senator Smith, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That, notwithstanding the Orders of the Senate adopted on Tuesday, May 2, 2006, and on Wednesday, September 27, 2006, the date for the Special Senate Committee on the Anti-terrorism Act to submit its final report be extended from December 22, 2006, to March 31, 2007; and
That the Committee be empowered, in accordance with rule 95(3), to meet on weekdays in January 2007, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
The Honourable Senator Comeau 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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Association of Canada Lands Surveyors for the year ended June 23, 2006, pursuant to the Canada Land Surveyors Act, S.C. 1998, c. 14, sbs. 70(2).—Sessional Paper No. 1/39-616.
Report of the Canadian Museum of Nature for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20. s. 8.—Sessional Paper No. 1/39-617.
Report of the National Gallery of Canada for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-618.
Report of the Canada Science and Technology Museum for the fiscal year ended March 31, 2006, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/39-619.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:44 p.m. the Senate was continued until 2 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 Nancy Ruth substituted for that of the Honourable Senator Carney (December 7).
Standing Senate Committee on National Finance
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Nancy Ruth (December 11).