Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 99
Thursday, May 17, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Atkins, Bacon, Baker, Banks, Bryden, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, Joyal, Keon, Kinsella, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pépin, Phalen, Pitfield, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Sibbeston, Smith, Spivak, Stollery, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Atkins, Bacon, Baker, Banks, *Biron, Bryden, Callbeck, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, *Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Harb, Hays, Hervieux-Payette, Hubley, Jaffer, *Johnson, Joyal, Keon, Kinsella, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pépin, Phalen, Pitfield, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, 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 Bacon presented the following:
Thursday, May 17, 2007
The Standing Senate Committee on Transport and Communications has the honour to present its
TENTH REPORT
Your Committee, to which was referred Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, has, in obedience to the Order of Reference of Wednesday, March 28, 2007, examined the said Bill and now reports the same with the following amendments:
1. Page 20, clause 29:
(a) Replace lines 2 and 3 with the following:
"way, a railway company shall cause only such noise and vibration as is reasonable, taking into''; and
(b) Replace lines 7 to 11 with the following:
"(b) its operational requirements; and
(c) the area where the construction or operation takes place.''
2. Page 44, new clause 64: Add after line 12 the following:
"COMING INTO FORCE
64. Section 27 comes into force on a day to be fixed by order of the Governor in Council.''.
Your Committee has also made certain observations, which are appended to this report.
Respectfully submitted,
LISE BACON
Chair
Observations to the Tenth Report of the Standing Senate Committee on Transport and Communications
The Senate Committee on Transport and Communications held five meetings on Bill C-11, an Act to amend the Canada Transportation Act and the Railway Safety Act, and heard from many stakeholders. In addition to making two amendments to the bill, your Committee wishes to make some observations about what it heard.
A number of stakeholders recommended that your Committee make changes to the bill, all of which were given serious consideration. Your Committee notes that a third and final bill to amend the Canada Transportation Act is expected in the near future, which will give some of these stakeholders another forum to present their concerns. Your Committee's evaluation of stakeholders' recommendations respecting provisions that they believed would have a significant impact on their industry is summarized in the following paragraphs.
Clause 7 of Bill C-11 formalizes the Canadian Transportation Agency's authority to provide mediation and/or arbitration services to resolve disputes within its jurisdiction or under commercial dispute resolution processes if all parties agree. Representatives of Canadian rail shippers expressed concern that these provisions would limit their ability to engage private sector mediators and to resolve disputes over cross-border rail services. Your Committee is of the opinion, however, that since the provisions explicitly state that recourse to the Agency's mediation and/or arbitration services requires agreement from all parties, the legislation will not prevent rail shippers from engaging a non-Agency mediator if they wish. Also, your Committee is confident that the wording of the provisions is sufficiently broad to allow the Agency to mediate between any Canadian shipper and any railway regardless of whether the shipment crosses into the United States.
Clause 12 of Bill C-11 sets the statutory review period of the Canada Transportation Act at eight years from the day the provision comes into force. While some stakeholders objected to the postponement of the review of the entire Act for eight years, arguing that the Canadian transportation industry will be slow to react to shifts in global markets in the interim, your Committee believes that the extended time frame will allow a review panel to better assess the full impacts of recent and upcoming amendments to the Canada Transportation Act. If sectors of the Canadian transportation or shipping communities identify legislative impediments as global markets evolve, your Committee is confident that the Minister of Transport will respond by undertaking an early review of all, or parts of, the Act.
Clause 27 of Bill C-11 obliges the Agency to make regulations requiring airlines advertising services originating in, or destined to, Canada to include all costs of providing the service in the price. While consumer groups generally supported this provision, some Canadian airlines felt that it would put them at a competitive disadvantage for internet sales, which represent a substantial share of total sales, as foreign airlines may not be affected by the regulations in the same way. The Committee notes that, at present, most U.S. and European carriers advertise "all-in'' or almost "all-in'' prices on the Internet. Moreover, the regulatory process includes a separate consultation process, giving the airlines an opportunity to have their case examined by Transport Canada and the Treasury Board, should the proposed regulations have a potentially significant negative impact. Nonetheless, your Committee added a new clause to the bill, allowing the Governor in Council to postpone the date that the provision respecting airfare advertising regulations comes into force so that the airlines and the government will have more time to consult.
Finally, the House of Commons Standing Committee on Transport, Infrastructure and Communities amended clause 29 of Bill C-11 to require railway companies to cause "as little noise and vibration as possible'' when constructing or operating a railway with due consideration to its obligations and operational requirements and the potential impact upon its residential neighbours, if it has any. Before the amendment, the standard was that the railways "must not cause unreasonable noise.'' Canadian railway companies believed that the new standard could present a significant threat to their economic viability as there is no jurisprudence on its interpretation. As such, the railway companies recommended that the standard of "reasonableness'' be restored to the provision. While accepting that the new standard would be conditional on the railways' operational needs and obligations being met, as stated in new subsections 95.1 (a) and (b), your Committee believed that a standard based on "reasonableness'' would be more clear and easier for the Agency and the courts to interpret. We have therefore amended the provision by restoring the concept of "reasonableness'' and removing the reference to residential neighbours.
While your committee passes this bill with two amendments, it remains conscious of other concerns raised by the transportation industry and its users, and will monitor the impact that these and other provisions may have. After a period of two years, and should it be necessary, your Committee would then be prepared to seek an order of reference to review these new provisions.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck, 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 Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its sixth report (Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol, without amendment).
The Honourable Senator Banks moved, seconded by the Honourable Senator Mitchell, that the bill 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.
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its tenth report (budget—study on such issues that may arise from time to time relating to foreign relations generally).
(The report is printed as an appendix)
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, 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 Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its eleventh report (Bill C-48, An Act to amend the Criminal Code in order to implement the United Nations Convention against Corruption, without amendment).
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that the bill 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.
The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, tabled its eighth report (interim) entitled: Relocation of Head Offices of Federal Institutions: Respect for Language Rights.—Sessional Paper No. 1/39-865S.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Trenholme Counsell, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Sibbeston tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-parliamentary Group and the Canada-China Legislative Association respecting its participation at the 13th Annual Assembly of the Asia-Pacific Parliamentarians Conference on Environment and Development held in Islamabad, Pakistan, from February 26 to March 3, 2007.—Sessional Paper No. 1/39-866.
The Honourable Senator Cowan tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its Annual visit by the Co-chairs of the Canada-Japan Inter-Parliamentary Group, held in Tokyo, Hiroshima and Miyajima, Japan, from March 10 to 16, 2007.—Sessional Paper No. 1/39-867.
SPEAKER'S RULING
At the end of Question Period on Wednesday, May 16, 2007, Senator Tardif rose on a point of order to object to statements made by Senators Angus and Cochrane. Referring to the Ruling of May 2, she noted that Rule 22(4) states that, when making statements, "a Senator shall not anticipate consideration of any Order of the Day.''
Honourable senators, guidance on this matter is to be found in Rules 23(8) and 44(3). Rule 23(8) states that, after Question Period, the Speaker shall call for Delayed Answers, Orders of the Day, Inquiries, and Motions. Rule 44(3) is in turn quite clear that a putative question of privilege is taken up after the Senate has completed consideration of the Orders of the Day or by 8:00 p.m., whichever is earlier. By its very language, stating that consideration of a putative question of privilege will occur "when the Senate has completed consideration of the Orders of the Day,'' it is clear that, under Rules 43 and 44, this does not fall into the category of items included in the Orders of the Day. A putative question of privilege, rather than being an Order of the Day, is an opportunity for a senator, providing certain conditions respecting notice are met, to raise an urgent matter relating to privilege.
As Senator Corbin explained, Senators' Statements and Question Period are not times for debate. The essential characteristic of debate is that it is a process whereby the senators participating seek to support their own position and to bring others around to it. This was not the case with respect to the statements in question. Senators Angus and Cochrane were expressing themselves, in accordance with Rule 22(4), on a matter they considered to be of public consequence. This is distinct from, although it may be close to, the more argumentative process characteristic of debate. This issue happened to relate to the question of privilege of Senator Tkachuk, of which he had given oral notice only moments earlier. There is nothing to prohibit several senators addressing the same topic during Senators' Statements, just as can be the case during Question Period. Furthermore, giving oral notice does not deprive another senator of the opportunity to make a statement before the matter has been taken up by the Senate.
The statements in question did not, therefore, violate Rule 22(4) and were in order.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 8 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Nolin, for the third reading of Bill C-252, An Act to amend the Divorce Act (access for spouse who is terminally ill or in critical condition).
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Hubley, 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.
Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Banks, for the second reading of Bill C-293, An Act respecting the provision of official development assistance abroad.
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.
Order No. 4 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the ninth report of the Standing Senate Committee on Transport and Communications entitled: The challenges ahead for the Canadian Television Fund, tabled in the Senate on May 10, 2007.
Debate concluded.
Orders No. 4 to 14 were called and postponed until the next sitting.
Other
Orders No. 26, 22, 3, 9, 33, 34, 12, 14 (inquiries), 150 (motion), 31 (inquiry), 166 (motion), 25 (inquiry), 167 (motion), 20 (inquiry), 92, 140 (motions), 23, 8 (inquiries), 119 (motion), 6, 21, 19, 11, 27 and 28 (inquiries) were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to rule 43(8), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Tkachuk concerning the meeting of the Energy Committee on Tuesday, May 15, 2007. At this meeting, the Chair called the meeting to order without sufficient time for senators who were in the Chamber to arrive and then proceeded to pass a bill before any representation could be made by members of the government at clause-by-clause consideration.
After debate,
The Speaker reserved his decision.
MOTIONS
The Honourable Senator Watt moved, seconded by the Honourable Senator Sibbeston:
That the Senate take note and concur with the resolution of the House of Commons apologizing to the survivors of Indian Residential Schools for the trauma they have suffered as a result of policies intended to assimilate our First Nations, Inuit and Métis children, causing them harm and the loss of their aboriginal culture, heritage and language while also leaving a sad and tragic legacy of sexual, emotional and physical abuse.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Stollery:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on Agriculture and Forestry be authorized to sit on Friday, May 18, 2007, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
Ordered, That Order No. 9 (inquiry) under ORDERS OF THE DAY, OTHER BUSINESS, Other, be again called.
Resuming debate on the inquiry of the Honourable Senator Trenholme Counsell calling the attention of the Senate to concerns regarding the Agreements in Principle signed by the Government of Canada and the Provincial governments between April 29, 2005, and November 25, 2005, entitled Moving Forward on Early Learning and Child Care, as well as the funding agreements with Ontario, Manitoba and Québec, and the Agreements in Principle prepared for the Yukon, the North West Territories and Nunavut.
After debate,
The Honourable Senator Fairbairn, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That when the Senate adjourns today, it do stand adjourned until Tuesday, May 29, 2007, at 2 p.m.
The question being put on the motion, it was adopted.
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 4:51 p.m. the Senate was continued until Tuesday, May 29, 2007, at 2 p.m.)
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 Adams substituted for that of the Honourable Senator Robichaud (May 16).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Cochrane substituted for that of the Honourable Senator Johnson (May 16).
The names of the Honourable Senators Johnson and Carney substituted for those of the Honourable Senators Cochrane and Segal (May 17).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Mahovlich substituted for that of the Honourable Senator Watt (May 17).