Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 105
Thursday, June 7, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Bacon, Baker, Banks, Bryden, Callbeck, Carstairs, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dawson, De Bané, Di Nino, Downe, Dyck, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Johnson, Kinsella, Lavigne, LeBreton, Lovelace Nicholas, Mahovlich, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nolin, Pépin, Peterson, Phalen, Pitfield, Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Atkins, Bacon, Baker, Banks, Bryden, Callbeck, Carstairs, Cochrane, Comeau, Cools, Corbin, Cordy, Cowan, Dawson, *Day, De Bané, Di Nino, Downe, Dyck, Fairbairn, Fortier, Fox, Fraser, Furey, Gill, Goldstein, Grafstein, Gustafson, Harb, Johnson, *Kenny, *Keon, Kinsella, Lavigne, LeBreton, Lovelace Nicholas, Mahovlich, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nolin, Pépin, Peterson, Phalen, Pitfield, Prud'homme, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, 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 Senate Ethics Officer, for the fiscal year ended March 31, 2007, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 20.7.—Sessional Paper No. 1/39-895S.
Report of the Auditor General of Canada for the fiscal year ended March 31, 2007, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/39-896.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Banks presented the following:
Thursday, June 7, 2007
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred Bill S-210, An Act to amend the National Capital Act (establishment and protection of Gatineau Park), has, in obedience to the Order of Reference of Wednesday, December 13, 2006, examined the said Bill and now reports the same with the following amendments:
1. Page 2, clause 4:
(a) Replace line 32 with the following:
"10.1 (1) There is hereby established a park''; and
(b) Add after line 34 the following:
"(2) Gatineau Park is hereby dedicated to the people of Canada for their benefit, education and enjoyment, subject to this Act and the regulations, and it shall be maintained and made use of so as to leave it unimpaired for the enjoyment of future generations.
(3) Maintenance or restoration of ecological integrity, through the protection of natural resources and natural processes, shall be the first priority of the Commission when considering all aspects of the management of Gatineau Park.''.
2. Page 4, clause 5: Replace line 3 with the following:
"Park to anyone other than the Commission unless the person has given the right of''.
Your Committee appends to this report certain observations relating to this Bill.
Respectfully submitted,
TOMMY BANKS
Chair
Observations appended to the eighth report of the
Standing Senate Committee on Energy,
the Environment and Natural Resources
The Committee recommends that, in the interests of the ecological integrity of Gatineau Park, the National Capital Commission consider limiting automobile traffic in the Park, and consider the use of alternative fuel vehicles.
The Honourable Senator Banks moved, seconded by the Honourable Senator Lovelace Nicholas, 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 Grafstein, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its nineteenth report (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, without amendment).
The Honourable Senator Angus moved, seconded by the Honourable Senator Andreychuk, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 to 4 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 6 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill S-228, An Act to amend the Non-smokers' Health Act.
The Honourable Senator Harb moved, seconded by the Honourable Senator Lovelace Nicholas, that the bill be read the second time.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Johnson, 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.
Ordered, That notwithstanding rule 27(3), Order No. 5 (Bill S-221) remain on the Order Paper for another fifteen consecutive sitting days.
Second reading of Bill S-226, An Act to regulate securities and to provide for a single securities commission for Canada.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 was 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 Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 9 and 10 were called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
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 St. Germain, P.C., seconded by the Honourable Senator Di Nino, that the motion in amendment be amended by deleting amendment (b)(i)(B) and relettering amendment (b)(i)(C) as amendment (b)(i)(B).
The question was put on the subamendment.
Pursuant to rule 67(3), a standing vote was deferred until the next sitting after Friday at 5:30 p.m. with the bells to sound at 5:15 p.m. for fifteen minutes.
Orders No. 3 to 5 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 13 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Angus:
That all matters relating to this question of privilege, including the issues raised by the timing and process of the May 15, 2007, meeting of the Standing Senate Committee on Energy, the Environment and Natural Resources and their effect on the rights and privileges of Senators, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for investigation and report; and
That the Committee consider both the written and oral record of the proceedings.
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 was put on the motion.
Pursuant to rule 65(3), a standing vote was requested, with the bells to ring for sixty minutes.
Ordered, that the standing vote be not proceeded with.
The question then being put on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting, it was adopted.
Resuming debate on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Andreychuk:
That the Senate urge the Government of the People's Republic of China and the Dalai Lama, notwithstanding their differences on Tibet's historical relationship with China, to continue their dialogue in a forward-looking manner that will lead to pragmatic solutions that respect the Chinese constitutional framework, the territorial integrity of China and fulfill the aspirations of the Tibetan people for a unified and genuinely autonomous Tibet.
After debate,
In amendment, the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Corbin, that the motion be not now adopted but that it be amended immediately following the word "of'' in the first line by eliminating all the words in the rest of the motion and by replacing them with the following:
"Canada and in particular the Foreign Affairs Minister to have discussions with the Foreign Minister of the People's Republic of China regarding the Dalai Lama and the aspirations of the Tibetan people.''
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8, 6, 21, 19 and 11 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Di Nino calling the attention of the Senate to problems and challenges faced by victims of crime.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3, 27, 23 and 9 (inquiries) were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Banks calling the attention of the Senate to the failure of the Government of Canada to carry out its constitutional duty to appoint qualified persons to the Senate.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 22, 33, 34, 12, 14 (inquiries), 150 (motion), 31 (inquiry), 166 (motion), 25 (inquiry), 167 (motion), 20 (inquiry) and 92 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Moore moved, seconded by the Honourable Senator Phalen:
That an humble Address be presented to Her Excellency the Governor General praying that she will fill the vacancies in the Senate by summons to fit and qualified persons.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Segal, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin:
That the papers and evidence received and taken and the work accomplished by the Standing Senate Committee on Foreign Affairs and International Trade for the special study on Africa, during the First Session of the Thirty-ninth Parliament and the First Session of the Thirty-eighth Parliament, be referred to the committee for its study on Bill C- 293, An Act respecting the provision of development assistance abroad (Development Assistance Accountability Act).
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton:
That, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Foreign Affairs being identified as the Minister responsible for responding to the twelfth report of the Standing Senate Committee on Human Rights, entitled: Canada and the United Nations Human Rights Council: At the Crossroads.
After debate,
The Honourable Senator Corbin moved, seconded by the Honourable Senator Mahovlich, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton:
That the papers and evidence received by the Standing Senate Committee on Legal and Constitutional Affairs during its study of Bill S-21, An Act to amend the Criminal Code (protection of children), during the First Session of the 38th Parliament be referred to the Standing Senate Committee on Human Rights for the purpose its study on Bill S-207, An Act to amend the Criminal Code (protection of children).
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 Di Nino:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 12, 2007, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Canadian Transportation Agency for the year ended December 31, 2006, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 42(3).—Sessional Paper No. 1/39-892.
Report of the Canada Post Corporation for the year ended December 31, 2006, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 1/39-893.
Copy of Regulations amending the Regulations Implementing the United Nations Resolution on Iran (P.C. 2007- 826 and SOR/JUS-609808), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 1/ 39-894.
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 6:03 p.m. the Senate was continued until Tuesday, June 12, 2007, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Legal and Constitutional Affairs
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Tkachuk (June 7).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Segal substituted for that of the Honourable Senator Tkachuk (June 7).
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Adams substituted for that of the Honourable Senator Cordy (June 7).