Journals of the Senate
55 Elizabeth II, A.D. 2006, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 60
Tuesday, December 12, 2006
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Austin, Bacon, Baker, Biron, Bryden, Callbeck, Campbell, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, Munson, Murray, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Spivak, Stollery, Stratton, 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, *Carney, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, *Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Mercer, Milne, Mitchell, *Moore, Munson, Murray, *Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Spivak, Stollery, Stratton, *Tardif, Tkachuk, Watt, Zimmer
PRAYERS
The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.
The communication was then read by the Honourable the Speaker as follows:
RIDEAU HALL
December 12, 2006
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, will proceed to the Senate Chamber today, the 12th day of December, 2006, at 5:15 p.m. for the purpose of giving Royal Assent to certain bills of law.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Report of the Advisory Panel on the Review of the Canadian Air Transport Security Authority Act, entitled: Flight Plan: Managing the Risks in Aviation Security.—Sessional Paper No. 1/39-623.
Report of the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar entitled: A New Review Mechanism for the RCMP's National Security Activities (December 2006).—Sessional Paper No. 1/39-624.
Presentation of Reports from Standing or Special Committees
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fourth report (Bill C-34, An Act to provide for jurisdiction over education on First Nation lands in British Columbia, without amendment).
With leave of the Senate,
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Segal, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, tabled its fifth report entitled: Negotiation or Confrontation: It's Canada's Choice.—Sessional Paper No. 1/39-625S.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Segal, 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 Day, Chair of the Standing Senate Committee on National Finance, tabled its seventh report (interim) entitled: The Horizontal Fiscal Balance: Towards a Principled Approach.—Sessional Paper No. 1/39- 626S.
The Honourable Senator Day 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.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its eighth report (budget—study on fiscal balance).
(The report is printed as an appendix)
The Honourable Senator Day 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.
The Honourable Senator Day presented the following:
Tuesday, December 12, 2006
The Standing Senate Committee on National Finance has the honour to present its
NINTH REPORT
Your Committee, to which was referred Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts, has, in obedience to the Order of Reference of Monday, December 11, 2006, examined the said Bill and now reports the same without amendment. Your Committee appends to this report certain observations relating to the Bill.
Respectfully submitted,
JOSEPH A. DAY
Chair
Observations to the Ninth Report of the Standing Senate Committee on National Finance
Your Committee is concerned about the practice by the Department of Justice of placing technical amendments in a bill that, in the Committee's opinion, should essentially be a response to the report of the Judicial Compensation and Benefits Commission and, as such, relate only to amendments to the Judges Act.
Your Committee heard from an official of the Department of Justice that there are difficulties in addressing technical amendments of the type found in Part 2 of Bill C-17 through the Miscellaneous Statute Law Amendment Act process. Your Committee therefore urges the Department of Justice to review its practices in an effort to find a separate process by which these issues can be dealt with. Your Committee looks forward to receiving follow-up from the Department of Justice on this matter.
With leave of the Senate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton, that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Bacon presented the following:
Tuesday, December 12, 2006
The Standing Senate Committee on Transport and Communications has the honour to present its
SIXTH REPORT
Your Committee, to which was referred Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, has, in obedience to the Order of Reference of Tuesday, October 24, 2006, examined the said Bill and now reports the same with the following amendments:
1. Clause 7, page 3: Replace lines 9 to 11 with the following:
"of government that have jurisdiction over the place of the proposed construction or alteration and with any person who, in the''.
2. Clause 15, page 7: Replace, in the French version, lines 35 and 36 with the following:
"gouvernement provincial et la municipalité ayant compétence à l'égard de tout''.
3. Clause 24, page 11: Replace line 15 with the following:
"of government that have jurisdiction over the place''.
Your Committee has also made certain observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Sixth Report of the Standing Senate Committee on Transport and Communications
Recognizing that international bridges and tunnels are of national interest, members of your Standing Senate Committee on Transport and Communications support the intent of Bill C-3, the International Bridges and Tunnels Act, which is to reinforce the federal government's constitutional jurisdiction and to ensure the smooth flow of people and goods over and through them. Furthermore, your Committee agrees that it is necessary to apply consistent rules and policies to these international crossings, large or small, regardless of who owns or operates them; especially those to ensure the safety and security of the structures. However, despite its decision to support the bill, your Committee would like to address some of the particularly resonant concerns of stakeholders regarding certain provisions of the bill and to state that it hopes that this bill will not impede international crossing projects for which agreements have already been concluded.
Your Committee heard that the provision in this bill that would allow the Minister of Transport to make regulations respecting the types of vehicles that may use an international bridge or tunnel may negatively affect the financial position of existing crossings. In response to questions about this concern, federal officials unequivocally stated that the Minister of Transport would divert traffic only to avoid congestion. To quote one official, "redirecting traffic would only be used where there is a need to allow free movement of goods and people.'' Your Committee supports the Minister of Transport's use of this provision to alleviate traffic problems if and when required, but not to interfere otherwise.
Your Committee also heard that the confidentiality of proprietary information that the Minister of Transport may request from international bridge and tunnel owners and operators may not be adequately protected under this bill. During their second appearance before your Committee, however, federal officials assured Senators that the existing federal legislative framework is adequate for protecting the confidentiality of bridge and tunnel owners' information. To quote one official, "the Privacy Act contains provisions that very effectively protect the confidential information provided to the government.'' The official also noted that the purpose of section 51 of the Canada Transportation Act, which stakeholders gave as an example of the type of explicit protection sought, is actually to permit the Minister of Transport to divulge proprietary information, not to protect it. Furthermore, when departmental legal advisors contemplated the particular stakeholder needs under this bill and whether additional protection was needed, they concluded that existing provisions in other Acts were adequate. However, your Committee still questions why the reinforced protection used in the Canada Transportation Act was not included in this bill.
On the question of the federal government's potential involvement in future international crossing projects, your Committee heard suggestions that the provisions in the bill that allow the Minister of Transport to recommend to the Governor in Council whether or not to approve a project would lead to a substantial conflict of interest for the Minister. On this point, officials noted that Transport Canada currently does not own or operate a single international bridge or tunnel. The existing federal structures belong to Crown corporations, which are autonomous even if the Minister of Transport is responsible for them. To quote an official, "the Minister has absolutely no authority over the day-to-day activities of these organizations, including those dealing with safety and security.'' Therefore, given the autonomous ownership and operational arrangements established for existing federal structures, your Committee is confident that the Minister of Transport will not be in a position of conflict of interest in the future. However, the Minister of Transport should be particularly sensitive to any situation where the federal government is in a situation where there is an appearance of conflict, especially when the interests of a private enterprise are at stake.
Finally, your Committee very seriously considered a stakeholder's allegation that municipalities would not be guaranteed to be heard regarding international crossing projects affecting their community. When questioned on this point, officials explained to your Committee that municipal consultation is obligatory during the environmental assessment process, which would certainly be triggered by a proposal to build a new international crossing, under the Canadian Environmental Assessment Act. Therefore, to impose an additional obligation on the Minister of Transport to consult municipalities in this bill would frustrate the bill's intent to streamline processes. While a comprehensive framework for municipal consultation exists in other legislation, it should be noted that the bill was also amended in the other place to make reference to municipal consultation. Your Committee agrees that more emphasis was needed on the importance of consulting with municipalities and addressing their concerns, given that bridge and tunnel projects can have a tremendous impact on the urban planning of local communities.
With leave of the Senate,
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C., that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
Notices of Motions
With leave of the Senate,
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fox, P.C.:
That the Standing Senate Committee on Fisheries and Oceans have power to sit today, Tuesday, December 12, 2006, at 7:00 p.m., even though the Senate may then be sitting, and that the application of rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon:
That the Standing Senate Committee on Foreign Affairs and International Trade have the power to sit at 6:00 p.m. today, Tuesday, December 12, 2006, 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.
With leave of the Senate,
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:
That the Standing Senate Committee on Agriculture and Forestry have power to sit today, Tuesday, December 12, 2006, at 7:00 p.m., even though the Senate may then be sitting, and that the application of rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Presentation of Petitions
The Honourable Senator Lapointe presented petitions:
Of Residents of Canada concerning young Canadian volunteers.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:
Reply to Question No. 12, dated June 20, 2006, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Segal, respecting the Auditor General's Report of 2003. —Sessional Paper No. 1/39-627S.
Reply to Question No. 16, dated November 2, 2006, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Veterans Affairs Canada. —Sessional Paper No. 1/39-628S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-34, An Act to provide for jurisdiction over education on First Nation lands in British Columbia.
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that the bill be read the third time.
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.
Third reading of Bill C-17, An Act to amend the Judges Act and certain other Acts in relation to courts.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton, that the bill be read the third time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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 Tkachuk, seconded by the Honourable Senator Keon, for the second reading of Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence.
Debate.
Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.
ROYAL ASSENT
The Senate adjourned during pleasure to await the arrival of Her Excellency the Governor General.
After awhile, Her Excellency the Governor General, having come and being seated at the foot of the Throne.
The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:
"It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.''
The House of Commons being come,
One of the Clerks at the Table then read the title of the bills to be assented to as follows:
An Act respecting the establishment of the Public Health Agency of Canada and amending certain Acts (Bill C-5, Chapter 5, 2006)
An Act to implement conventions and protocols concluded between Canada and Finland, Mexico and Korea for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income (Bill S-5, Chapter 8, 2006)
An Act providing for conflict of interest rules, restrictions on election financing and measures respecting administrative transparency, oversight and accountability (Bill C-2, Chapter 9, 2006)
An Act to provide for jurisdiction over education on First Nation lands in British Columbia (Bill C-34, Chapter 10, 2006)
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General doth assent to these Bills.''
5:26 p.m.
The Speaker of the House of Commons addressed Her Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bills:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2007 (Bill C-38, Chapter 6, 2006)
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2007 (Bill C-39, Chapter 7, 2006)
To which Bills I humbly request Your Excellency's Assent.''
After one of the Clerks at the Table read the title of the Bills.
To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:
"In Her Majesty's name, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills.''
5:30 p.m.
The Commons withdrew.
After which Her Excellency the Governor General was pleased to retire.
At 5:32 p.m., with leave of the Senate and pursuant to rule 13(1), the Speaker left the Chair to resume the same at 8 p.m.
The sitting resumed.
COMMITTEE OF THE WHOLE
At 8 p.m., pursuant to the order adopted on December 11, 2006, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Mr. Robert Marleau respecting his appointment as Information Commissioner, the Honourable Senator Losier-Cool in the Chair.
—In the Committee—
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That Mr. Robert Marleau be escorted to a seat in the Senate Chamber.
The question being put on the motion, it was adopted.
Debate.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver:
That the Committee rise, and that the Chair report that they have concluded their deliberations.
The question being put on the motion, it was adopted.
The sitting of the Senate resumed.
The Chair of the Committee informed the Senate that the Committee has concluded its deliberations.
Bills
The Senate resumed debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Keon, for the second reading of Bill C-24, An Act to impose a charge on the export of certain softwood lumber products to the United States and a charge on refunds of certain duty deposits paid to the United States, to authorize certain payments, to amend the Export and Import Permits Act and to amend other Acts as a consequence.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted, on division.
Reports of Committees
Consideration of the sixth report of the Standing Senate Committee on Transport and Communications (Bill C-3, An Act respecting international bridges and tunnels and making a consequential amendment to another Act, with amendments and observations), presented in the Senate earlier this day.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Eyton moved, seconded by the Honourable Senator Angus, that the bill, as amended, 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.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That, notwithstanding the Order of the Senate of April 6, 2006, when the Senate sits on Wednesday, December 13, 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, December 13, 2006 be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
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 9:42 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 Official Languages
The name of the Honourable Senator Comeau substituted for that of the Honourable Senator Nolin (December 12).
Standing Senate Committee on Transport and Communications
The names of the Honourable Senators Nolin and Stratton substituted for those of the Honourable Senators Eyton and Nolin (December 12).