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Journals of the Senate

56 Elizabeth II, A.D. 2007, Canada

Journals of the Senate

1st Session, 39th Parliament


Issue 80

Thursday, March 22, 2007
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cowan, Dawson, Day, Di Nino, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Keon, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, Massicotte, Meighen, Milne, Mitchell, Munson, Murray, Nancy Ruth, Oliver, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Smith, Spivak, Stollery, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Bryden, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, *Cordy, Cowan, Dawson, Day, Di Nino, Eggleton, Eyton, Fairbairn, *Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, *Kenny, Keon, Kinsella, Lapointe, LeBreton, Lovelace Nicholas, *Mahovlich, Massicotte, Meighen, Milne, Mitchell, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, *St. Germain, Segal, *Sibbeston, Smith, Spivak, Stollery, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its thirteenth report (first interim) (2007-2008 Estimates).

(The report is printed as an appendix)

The Honourable Senator Day moved, seconded by the Honourable Senator Banks, 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.

First Reading of Commons Public Bills

A message was brought from the House of Commons with a Bill C-252, An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition), 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 Di Nino, 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.

A message was brought from the House of Commons with a Bill C-292, An Act to implement the Kelowna Accord, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Rompkey, P.C., 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.

ANSWERS TO WRITTEN QUESTIONS

Pursuant to rule 25(2), the Honourable Senator Comeau tabled the following:

Reply to Question No. 23, dated January 30, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Segal, respecting pay equity in federal jurisdiction.—Sessional Paper No. 1/39-710S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Oliver, for the third reading of Bill C-16, An Act to amend the Canada Elections Act.

And on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C., that Bill C-16 be not now read a third time but that it be amended in clause 1, on page 1, by replacing lines 23 and 24 with the following:

"religious significance, a provincial or municipal election or a federal, provincial or municipal referendum, the Chief Electoral Officer may''.

After debate,

The question being put on the motion in amendment, it was adopted on the following vote:

YEAS

The Honourable Senators

Adams, Bacon, Baker, Banks, Biron, Carstairs, Chaput, Cook, Cools, Corbin, Cowan, Dawson, Day, Fairbairn, Fox, Fraser, Furey, Grafstein, Hays, Hervieux-Payette, Hubley, Joyal, Lovelace Nicholas, Milne, Mitchell, Munson, Poulin, Ringuette, Robichaud, Rompkey, Smith, Tardif, Trenholme Counsell—33

NAYS

The Honourable Senators

Andreychuk, Angus, Atkins, Cochrane, Comeau, Di Nino, Gustafson, Keon, LeBreton, Meighen, Murray, Nancy Ruth, Oliver, Prud'homme, Segal, Tkachuk—16

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Oliver, for the third reading of Bill C-16, as amended.

After debate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Prud'homme, P.C., that further debate on the motion be adjourned until the next sitting.

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

Order No. 2 was called and postponed until the next sitting.

Second reading of Bill C-36, An Act to amend the Canada Pension Plan and the Old Age Security Act.

The Honourable Senator Angus moved, seconded by the Honourable Senator Andreychuk, that the bill be read the second time.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Milne, that further debate on the motion be adjourned until the next sitting.

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

Order No. 4 was called and postponed until the next sitting.

Motions

Orders No. 1 and 2 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 BUSINESS

Senate Public Bills

Orders No. 1 to 7 were called and postponed until the next sitting.

Resuming debate on the motion of the Honourable Senator Grafstein, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-208, An Act to require the Minister of the Environment to establish, in co- operation with the provinces, an agency with the power to identify and protect Canada's watersheds that will constitute sources of drinking water in the future.

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.

Commons Public Bills

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Trenholme Counsell, for the second reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol.

After debate,

In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Comeau, that Bill C-288 be not now read a second time, but that the subject-matter thereof be concurrently referred to the Standing Senate Committee on Banking, Trade and Commerce and the Standing Senate Committee on Energy, the Environment and Natural Resources;

That the committees report back no later than December 31, 2007; and

That the Order to resume debate on the motion for the second reading of the bill not appear on the Order Paper and Notice Paper until such time as both committees have reported on the subject matter of the bill.

After debate,

The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Cochrane, that further debate on the motion in amendment be adjourned until the next sitting.

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

Reports of Committees

Orders No. 1 to 16 were called and postponed until the next sitting.

Other

Orders No. 92 (motion), 22, 9, 12 (inquiries), 140 (motion), 14, 21, 8, 17, 25 (inquiries), 81, 119 (motions), 20, 15, 3, 6, 19, 11 (inquiries) and 5 (motion) were called and postponed until the next sitting.

Order No. 18 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

Resuming debate on the inquiry of the Honourable Senator Hays, calling the attention of the Senate to the issue of developing a model for a modern elected Senate, a matter raised in the First Report of the Special Senate Committee on Senate Reform.

After debate,

The Honourable Senator Fraser 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.


Ordered, That Order No. 1 under GOVERNMENT BUSINESS, Motions, be again called.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That when the Senate adjourns Thursday, March 22, 2007, it do stand adjourned until Monday, March 26, 2007 at 6 p.m.

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

MOTIONS

The Honourable Senator Banks moved, seconded by the Honourable Senator Corbin:

That, notwithstanding the Order of the Senate adopted on September 27, 2006, the date for the presentation of the final report by the Standing Senate Committee on Energy, the Environment and Natural Resources on the review of the Canadian Environmental Protection Act (1999, c. 33) pursuant to section 343(1) of the said Act; be extended from March 31, 2007 to October 31, 2007.

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

The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:

That, notwithstanding the Order of the Senate adopted on April 26, 2006, the date for the presentation of the final report by the Standing Senate Committee on Agriculture and Forestry on the present state and the future of agriculture and forestry in Canada be extended from March 31, 2007 to March 31, 2008.

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

The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Joyal, P.C.:

That, notwithstanding the Order of the Senate adopted on May 16, 2006, the date for the presentation of the final report by the Standing Senate Committee on Agriculture and Forestry on rural poverty in Canada be extended from April 30, 2007 to December 31, 2007.

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

With leave of the Senate,

The Honourable Senator Chaput moved, seconded by the Honourable Senator Goldstein:

That the Standing Senate Committee on Official Languages have the power to sit on Monday, March 26, 2007 at 4:00 p.m., 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 DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Annual Report on the RCMP's use of the Law Enforcement Justification Provisions, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 25.3.—Sessional Paper No. 1/39-708.

Summaries of the Corporate Plan for 2007-2011 and of the Capital Budget for 2007 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/39-709.

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 4:35 p.m. the Senate was continued until Monday, March 26, 2007 at 6 p.m.)


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

Standing Senate Committee on National Finance

The name of the Honourable Senator Cowan removed from the membership (March 21).

Standing Senate Committee on Transport and Communications

The name of the Honourable Senator Meighen substituted for that of the Honourable Senator Eyton (March 21).

The names of the Honourable Senators Eyton and Tkachuk substituted for those of the Honourable Senators Meighen and Gustafson (March 22).

Standing Senate Committee on Banking, Trade and Commerce

The name of the Honourable Senator Gustafson substituted for that of the Honourable Senator Eyton (March 21).

The name of the Honourable Senator Eyton substituted for that of the Honourable Senator Gustafson (March 22).


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