Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 103
Tuesday, June 5, 2007
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Bacon, Baker, Banks, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Downe, Dyck, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Johnson, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Meighen, Merchant, Milne, Mitchell, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Atkins, Bacon, Baker, Banks, Bryden, Callbeck, Campbell, *Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, *Day, De Bané, Di Nino, Downe, Dyck, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Johnson, *Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Meighen, Merchant, Milne, Mitchell, *Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Smith, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, *Zimmer
PRAYERS
The Senate observed a minute of silence in memory of Master Corporal Darrell Jason Priede, whose tragic death occurred recently while serving his country in Afghanistan, and for Corporal Christopher Deliva, who died recently during training at Canadian Forces Base Wainwright, Alberta.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Oliver presented the following:
Tuesday, June 5, 2007
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWELFTH REPORT
Your Committee, to which was referred Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, has, in obedience to the Order of Reference of Wednesday, March 21, 2007, examined the said Bill and now reports the same with the following amendments:
1. Title: Delete the words:
"and the Public Service Employment Act''.
2. Page 2, clause 5: Delete from line 36 the words:
"date of birth''.
3. Page 6, clause 13:
(a) Delete on lines 14 and 15 the words:
"address and date of birth''; and
(b) Add on line 14, after the word "name'' the words:
"and address''.
4. Page 7, clause 18: Replace line 35 with the following:
"does not indicate an elector's sex or date of birth.''.
5. Page 13, clause 28: Replace lines 11 to 16 of the French text with the following:
"i.1) sur demande, et à intervalles minimaux de trente minutes, fournit aux représentants des candidats, sur le formulaire prescrit et selon les directives du directeur général des élections, l'identité des électeurs ayant exercé leur droit de vote le jour du scrutin à l'exclusion de celle des électeurs s'étant inscrit le jour mŒme;
i.2) sur demande, après la fermeture du bureau de vote par anticipation, fournit aux représentants des candidats, sur le formulaire prescrit et selon les directives du directeur général des élections, l'identité des électeurs ayant exercé leur droit de vote ce jour-là, à l'exclusion de celle des électeurs s'étant inscrit le jour mŒme;''.
6. Page 13, clause 28: Replace lines 12 to 17 with the following:
"(i.1) on request, and at intervals of no less than 30 minutes, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on polling day, excluding that of electors who registered on that day;
(i.2) on request, after the close of the advance polling station, provide to a candidate's representative, on the prescribed form and as directed by the Chief Electoral Officer, the identity of every elector who has exercised his or her right to vote on that day excluding that of electors who registered on that day; and''.
7. Page 16, clause 40: Delete clause 40.
8. Page 17, clause 41: Delete clause 41.
9. Page 17, clause 42: Replace line 8 with the following:
"42. (1) Despite subsection 554(1) of the Canada Elections Act, sections 3, 6, 8 and 9, subsection''.
10. Page 17, clause 42: Replace line 9 with the following:
"10(2), sections 11, 12, 14 to 16, 20 to 27, 28 (f), (g) (h) and (i), 29 to 33 and''.
11. Page 17, clause 42: Replace line 23 with the following:
"17 to 19, 28 (i.1) and (i.2) and 34 come into force ten months''.
Respectfully submitted,
DONALD H. OLIVER
Chair
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, 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 Smith, P.C., Chair of the Special Senate Committee on the Anti-terrorism Act, presented its fifth report (Bill C-12, An Act to provide for emergency management and to amend and repeal certain Acts, without amendment).
The Honourable Senator Meighen moved, seconded by the Honourable Senator Keon, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-14, An Act to amend the Citizenship Act (adoption), 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.
A message was brought from the House of Commons with a Bill C-35, An Act to amend the Criminal Code (reverse onus in bail hearings for firearm-related offences), 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the National Governors Association Winter Meeting: Innovation America, held in Washington, D.C., United States, from February 24 to 27, 2007.—Sessional Paper No. 1/39-889.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 3 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
Third reading of Bill S-209, An Act concerning personal watercraft in navigable waters.
The Honourable Senator Banks moved, seconded by the Honourable Senator Phalen, that the bill be read the third time.
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.
Order No. 2 was called and postponed until the next sitting.
Ordered, That Order No. 3 under GOVERNMENT BUSINESS, Bills, be again called.
Resuming debate on the motion of the Honourable Senator Meighen, seconded by the Honourable Senator Keon, for the 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.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Cochrane, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 3 to 10 were called and postponed until the next sitting.
Commons Public Bills
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Trenholme Counsell, for the third reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus, that Bill C-288 be not now read a third time but that it be amended:
(a) in clause 3, on page 3, by replacing line 19 with the following:
"Canada makes all reasonable efforts to take effective and timely action to meet'';
(b) in clause 5,
(i) on page 4,
(A) by replacing line 2 with the following:
"to ensure that Canada makes all reasonable efforts to meet its obligations'',
(B) by replacing line 6 with the following:
"ance standards for vehicle emissions that meet or exceed international best practices for any prescribed class of motor vehicle for any year,'', and
(C) by adding after line 13 the following:
"(iii.2) the recognition of early action to reduce greenhouse gas emissions, and'',
(ii) on page 5,
(A) by replacing line 9 with the following:
"(a) within 10 days after the expiry of each'',
(B) by replacing line 23 with the following:
"first 15 days on which that House is sitting'', and
(C) by replacing lines 26 and 27 with the following:
"each House of Parliament is deemed to be referred to the standing committee of the Senate and the House of Commons that'';
(c) in clause 6, on page 6, by adding after line 29 the following:
"(3) For the purposes of this Act, the Governor-in-Council may make regulations restricting emissions by "large industrial emitters'', persons that the Governor-in-Council considers are particularly responsible for a large portion of Canada's greenhouse gas emissions, namely,
(a) persons that are part of the electricity generation sector, including persons that use fossil fuels to produce electricity;
(b) persons that are part of the upstream oil and gas sector, including persons that produce and transport fossil fuels but excluding petroleum refiners and distributors of natural gas to end users; and
(c) persons that are part of energy-intensive industries, including persons that use energy derived from fossil fuels, petroleum refiners and distributors of natural gas to end users.'';
(d) in clause 7,
(i) on page 6,
(A) by replacing line 32 with the following:
"that Canada makes all reasonable attempts to meet its obligations under'', and
(B) by replacing line 38 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 7, by replacing line 4 with the following:
"(3) In ensuring that Canada makes all reasonable attempts to meet its'';
(e) in clause 9,
(i) on page 7, by replacing line 33 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 8,
(A) by replacing line 3 with the following:
"Minister considers appropriate within 30 days'', and
(B) by replacing line 7 with the following:
"(1) or on any of the first fifteen days on which'';
(f) in clause 10,
(i) on page 8,
(A) by replacing line 9 with the following:
"10. (1) Within 180 days after the Minister'',
(B) by replacing line 11 with the following:
"tion 5(3), or within 90 days after the Minister'', and
(C) by replacing line 38 with the following:
"(a) within 15 days after receiving the'', and
(ii) on page 9,
(A) by replacing line 6 with the following:
"Houses on any of the first 15 days on'', and
(B) by replacing line 9 with the following
"(b) within 30 days after receiving the advice,'';
(g) in clause 10.1, on page 9,
(i) by replacing line 17 with the following:
"and Sustainable Development may prepare a'',
(ii) by replacing line 32 with the following:
"report to the Speakers of the Senate and the House of Commons'', and
(iii) by replacing lines 34 and 35 with the following:
"Speakers shall table the report in their respective Houses on any of the first 15 days on which that House''.
After debate,
In amendment, the Honourable Senator Cochrane moved, seconded by the Honourable Senator Angus, that the motion in amendment be amended by deleting paragraph (c) and relettering paragraphs (d) to (g) as paragraphs (c) to (f).
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, that further debate on the subamendment be adjourned until the next sitting.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Cochrane, Comeau, Di Nino, Gustafson, Johnson, Keon, LeBreton, Meighen, Murray, Nancy Ruth, Nolin, Oliver, St. Germain, Stratton, Tkachuk—17
NAYS
The Honourable Senators
Bacon, Banks, Bryden, Callbeck, Campbell, Carstairs, Chaput, Cook, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Fairbairn, Fox, Fraser, Furey, Gill, Harb, Hervieux-Payette, Lavigne, Losier-Cool, Lovelace Nicholas, Merchant, Milne, Mitchell, Munson, Pépin, Peterson, Phalen, Ringuette, Robichaud, Rompkey, Smith, Stollery, Tardif, Watt—40
ABSTENTIONS
The Honourable Senators
Cools, Prud'homme—2
The Senate resumed debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Trenholme Counsell, for the third reading of Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus, that Bill C-288 be not now read a third time but that it be amended:
(a) in clause 3, on page 3, by replacing line 19 with the following:
"Canada makes all reasonable efforts to take effective and timely action to meet'';
(b) in clause 5,
(i) on page 4,
(A) by replacing line 2 with the following:
"to ensure that Canada makes all reasonable efforts to meet its obligations'',
(B) by replacing line 6 with the following:
"ance standards for vehicle emissions that meet or exceed international best practices for any prescribed class of motor vehicle for any year,'', and
(C) by adding after line 13 the following:
"(iii.2) the recognition of early action to reduce greenhouse gas emissions, and'',
(ii) on page 5,
(A) by replacing line 9 with the following:
"(a) within 10 days after the expiry of each'',
(B) by replacing line 23 with the following:
"first 15 days on which that House is sitting'', and
(C) by replacing lines 26 and 27 with the following:
"each House of Parliament is deemed to be referred to the standing committee of the Senate and the House of Commons that'';
(c) in clause 6, on page 6, by adding after line 29 the following:
"(3) For the purposes of this Act, the Governor-in-Council may make regulations restricting emissions by "large industrial emitters'', persons that the Governor-in-Council considers are particularly responsible for a large portion of Canada's greenhouse gas emissions, namely,
(a) persons that are part of the electricity generation sector, including persons that use fossil fuels to produce electricity;
(b) persons that are part of the upstream oil and gas sector, including persons that produce and transport fossil fuels but excluding petroleum refiners and distributors of natural gas to end users; and
(c) persons that are part of energy-intensive industries, including persons that use energy derived from fossil fuels, petroleum refiners and distributors of natural gas to end users.'';
(d) in clause 7,
(i) on page 6,
(A) by replacing line 32 with the following:
"that Canada makes all reasonable attempts to meet its obligations under'', and
(B) by replacing line 38 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 7, by replacing line 4 with the following:
"(3) In ensuring that Canada makes all reasonable attempts to meet its'';
(e) in clause 9,
(i) on page 7, by replacing line 33 with the following:
"ensure that Canada makes all reasonable attempts to meet its obligations'', and
(ii) on page 8,
(A) by replacing line 3 with the following:
"Minister considers appropriate within 30 days'', and
(B) by replacing line 7 with the following:
"(1) or on any of the first fifteen days on which'';
(f) in clause 10,
(i) on page 8,
(A) by replacing line 9 with the following:
"10. (1) Within 180 days after the Minister'',
(B) by replacing line 11 with the following:
"tion 5(3), or within 90 days after the Minister'', and
(C) by replacing line 38 with the following:
"(a) within 15 days after receiving the'', and
(ii) on page 9,
(A) by replacing line 6 with the following:
"Houses on any of the first 15 days on'', and
(B) by replacing line 9 with the following
"(b) within 30 days after receiving the advice,'';
(g) in clause 10.1, on page 9,
(i) by replacing line 17 with the following:
"and Sustainable Development may prepare a'',
(ii) by replacing line 32 with the following:
"report to the Speakers of the Senate and the House of Commons'', and
(iii) by replacing lines 34 and 35 with the following:
"Speakers shall table the report in their respective Houses on any of the first 15 days on which that House'';
And on the subamendment of the Honourable Senator Cochrane, seconded by the Honourable Senator Angus, that the motion in amendment be amended by deleting paragraph (c) and relettering paragraphs (d) to (g) as paragraphs (c) to (f).
After debate,
The question was put on the subamendment.
Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Orders No. 2 to 5 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Hays, P.C., 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;
And on the motion in amendment of the Honourable Senator Tkachuk, 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.''.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Milne, that further debate on the motion in amendment 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.
Consideration of the eighth report of the Standing Senate Committee on Aboriginal Peoples entitled: Safe Drinking Water for First Nations, tabled in the Senate on May 31, 2007.
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Gustafson, that the report be adopted.
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.
Consideration of the seventeenth report of the Standing Committee on Internal Economy, Budgets and Administration (committee budget), presented in the Senate on May 31, 2007.
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.
Orders No. 5 to 8 were called and postponed until the next sitting.
Consideration of the tenth report of the Standing Senate Committee on Human Rights, entitled: Children: The Silenced Citizens, tabled in the Senate on April 25, 2007.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that the report be adopted.
Debate concluded.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summaries of the Corporate Plan for 2007-2008 to 2011-2012 and of the Operating Budget for 2007-2008 of the Cape Breton Development Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-886.
Report of the President of the Treasury Board on Official Languages in Federal Institutions for the fiscal year ended March 31, 2006, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 1/ 39-887.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2007-2008 of the Old Port of Montreal Corporation Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/39-888.
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 6:09 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 Agriculture and Forestry
The name of the Honourable Senator Mercer substituted for that of the Honourable Senator Fraser (May 31).
The name of the Honourable Senator Chaput substituted for that of the Honourable Senator Mahovlich (June 4).
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Hays substituted for that of the Honourable Senator Ringuette (May 31).
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Hays (June 4).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Peterson substituted for that of the Honourable Senator Mitchell (June 4).
Standing Senate Committee on Transport and Communications
The name of the Honourable Senator Fairbairn substituted for that of the Honourable Senator Zimmer (June 4).