Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 101
Wednesday, May 30, 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, Campbell, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, 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, Campbell, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Grafstein, Gustafson, Harb, Hays, Hervieux-Payette, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Poulin (Charette), Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Privacy Commissioner of Canada on the application of the Personal Information Protection and Electronic Documents Act for the year 2006, pursuant to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, sbs. 25(1).—Sessional Paper No. 1/39-880.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-10, An Act to amend the Criminal Code (minimum penalties for offences involving firearms) and to make a consequential amendment to another Act, 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.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Harb presented a Bill S-228, An Act to amend the Non-smokers' Health Act.
The bill was read the first time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Lovelace Nicholas, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association respecting the Co-Chairs' visit, held in Shanghai, Qingdao and Beijing, China, from March 12 to 16, 2007.—Sessional Paper No. 1/39-881.
With leave of the Senate,
The Honourable Senator Milne tabled the following:
Document entitled: The Health of Our Nation Depends on Safe Wholesome Canadian Produced Food (English text).—Sessional Paper No. 1/39-882S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Second reading of Bill C-40, An Act to amend the Excise Tax Act, the Excise Act, 2001 and the Air Travellers Security Charge Act and to make related amendments to other Acts.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Keon, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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
Consideration of the tenth report of the Standing Senate Committee on Transport and Communications (Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, with amendments and observations), presented in the Senate on May 17, 2007.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Fitzpatrick, that the report be adopted.
After debate,
In amendment, the Honourable Senator Zimmer moved, seconded by the Honourable Senator Peterson, that the tenth report of the Standing Senate Committee on Transport and Communications be not now adopted, but that it be amended, at amendment No. 1(b), by adding after "or operation takes place.'''' the following:
"; and
(c) Replace lines 32 to 34 with the following:
"that the Agency considers reasonable to ensure compliance with that section.''.''.
The question being put on the motion in amendment, it was adopted.
The question then being put on the motion of the Honourable Senator Bacon, seconded by the Honourable Senator Fitzpatrick, for the adoption of the tenth report, as amended, of the Standing Senate Committee on Transport and Communications, (Bill C-11), it was adopted.
The Honourable Senator Segal moved, seconded by the Honourable Senator Tkachuk, 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.
Resuming debate on the consideration of the first report of the Special Senate Committee on Senate Reform (subject-matter of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure)), tabled in the Senate on October 26, 2006.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the report be adopted.
After debate,
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Cordy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Adams, Atkins, Bacon, Banks, Biron, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Eggleton, Fairbairn, Fitzpatrick, Fox, Fraser, Furey, Goldstein, Grafstein, Hervieux-Payette, Hubley, Joyal, Kenny, Lapointe, Lavigne, Losier-Cool, Lovelace Nicholas, Mahovlich, Merchant, Milne, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Poulin, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Smith, Stollery, Tardif, Watt, Zimmer—56
NAYS
The Honourable Senators
Andreychuk, Angus, Cochrane, Comeau, Di Nino, Eyton, Gustafson, Johnson, Keon, LeBreton, Meighen, Nancy Ruth, Nolin, Oliver, Segal, St. Germain , Stratton, Tkachuk—18
ABSTENTIONS
The Honourable Senators
Nil
A point of order was raised with respect to the motion to adopt the first report of the Special Senate Committee on Senate Reform.
Debate.
SPEAKER'S RULING
The matter before us was consideration of the report. The Chair recognized Senator Comeau. Senator Comeau rose to speak on consideration of the report and he moved a motion which was seconded. We are considering a report and a motion asking that that report be adopted. We went over a couple of potholes along the way, but the question that was clearly before the Senate, when Senator Ringuette got up to speak, was the question to adopt the report.
I apologize for any confusion. I think it was all done in good faith. We were considering the report; there is now a motion before us. We have at least one question at the end of the debate: Shall it be adopted or not? When we see the Orders of the Day for tomorrow it will reflect the motion to adopt.
Orders No. 3 and 4 were called and postponed until the next sitting.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-280, An Act to Amend the Immigration and Refugee Protection Act (coming into force of sections 110, 111 and 171), 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill S-219, An Act to amend the Parliamentary Employment and Staff Relations Act.
Debate.
At 4 p.m., pursuant to the Order adopted by the Senate on April 6, 2006, the Senate adjourned until 1:30 p.m. tomorrow.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Mercer (May 29).
The name of the Honourable Senator Fraser substituted for that of the Honourable Senator Chaput (May 30).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Cordy substituted for that of the Honourable Senator Banks (May 29).