Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
1st Session, 39th Parliament
Issue 107
Wednesday, June 13, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Baker, Banks, Biron, Bryden, Callbeck, Campbell, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Murray, Nolin, Oliver, Peterson, Phalen, Poulin (Charette), Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, 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, Carney, Carstairs, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Hays, Hervieux-Payette, Johnson, Joyal, *Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Mahovlich, Massicotte, McCoy, Meighen, Merchant, Milne, Mitchell, Moore, Murray, Nolin, Oliver, *Pépin, Peterson, Phalen, Poulin (Charette), *Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Smith, Spivak, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Tributes
The Honourable Senator Hays, P.C., informed the Senate of his resignation from the Senate, effective June 30, 2007.
Tribute was then paid to the Honourable Senator Hays, P.C.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Government Response to the fifth report of the Standing Senate Committee on
Aboriginal Peoples entitled: Negotiation or Confrontation: It's Canada's
Choice, tabled in the Senate on December 12, 2006.—Sessional Paper No.
1/39-920S.
(Pursuant to rule 131(4), the report and the response were deemed referred to
the Standing Senate Committee on Aboriginal Peoples.)
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk presented the following:
Wednesday, June 13, 2007
The Standing Senate Committee on Transport and Communications has the honour to present its
ELEVENTH REPORT
Your Committee, to which was referred the document Department of Industry User Fees Proposal for a spectrum licence fee for broadband public safety communications in bands 4940-4990 MHz has, in obedience to the Order of Reference of Tuesday, May 29, 2007, examined the proposed new user fee and, in accordance with section 5 of the User Fees Act, recommends that it be approved. Your Committee appends to this report certain observations relating to the proposal.
Respectfully submitted,
DAVID TKACHUK
Deputy Chair
Observations appended to the eleventh report of the Standing Senate Committee on Transport and Communications
Your Committee supports the philosophy behind the proposal, namely that the radio spectrum is a valuable asset that should be well-managed for the benefit of all Canadians. The proposed fee, chosen to reflect the economic value of the spectrum band, is an attempt to use the price system for the efficient allocation of a scarce resource. This is commendable, but your committee has several concerns with the proposal.
Your committee's first concern is that the users of this spectrum band are public safety entities (police departments, fire departments, ambulance services, etc.). These are generally non-commercial entities, often financed by some level of government and often engaged in emergency services. Many would argue that public safety entities should not pay fees that reflect the alternative use of spectrum by commercial users.
Your committee's second concern is that the fee proposed is, at best, an imprecise reflection of the economic value of the 4940-4990 MHz spectrum band. Industry Canada looked at other countries but did not find a useful model, so they took fees for commercial (and exclusive) use of spectrum in Canada and adjusted downward because the public safety spectrum would be shared. In practice, the department chose the lower end of the range for commercial-use fees and divided by four. The proposed fee is thus based on several subjective elements.
Your committee's third concern is that the quest for a fee that reflected "economic value'' led the department to reject a fee based on cost recovery. In the U.S. fees for the 4940-4990 MHz spectrum band will not be chosen to reflect economic value; non-auctioned spectrum in the U.S. may only reflect the cost recovery for the management of the spectrum.
Your committee accepts the current proposal but urges Industry Canada to revisit its policy for the pricing of spectrum to be used by public safety entities. In particular, the department should consider the efficiency issues associated with fees based on cost recovery.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Angus, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-52, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
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 at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Watt presented a Bill S-229, An Act to amend the Income Tax Act and the Excise Tax Act (tax relief for Nunavik).
The bill was read the first time.
The Honourable Senator Watt moved, seconded by the Honourable Senator Adams, 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 Andreychuk tabled the following:
Report of the Canadian Delegation of the Canada-Africa Parliamentary Association, respecting its bilateral visit to Egypt, held in Cairo, Egypt, from March 4 to 6, 2007.—Sessional Paper No. 1/39-921.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Third reading of Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, as amended.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton, that the bill, as amended, be read the third time.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that Bill C-31, as amended, be not now read a third time but that it be amended,
(a) on page 15, by adding after line 30 the following:
"37.1 Subsection 487(1) of the Act is replaced by the following:
487. (1) Every person is guilty of an offence who contravenes
(a) paragraph 111(b) or (c) (applying improperly to be included on list of electors); or
(b) paragraph 111(f) (unauthorized use of personal information contained in list of electors).''; and
(b) on page 16, by adding after line 29 the following:
"39.1 (1) Subsection 500(2) of the Act is replaced by the following:
(2) Every person who is guilty of an offence under any of subsection 485(1), paragraph 487(1)(a), subsections 488(1), 489(2) and 491(2), section 493 and subsection 495(2) is liable on summary conviction to a fine of not more than $1,000 or to imprisonment for a term of not more than three months, or to both.
(2) Section 500 of the Act is amended by adding the following after subsection (3):
(3.1) Every person who is guilty of an offence under paragraph 487(1)(b) is liable on summary conviction to a fine of not more than $5,000 or to imprisonment for a term of not more than one year, or to both.''.
The Honourable Senator Nolin moved, seconded by the Honourable Senator Stratton, that the debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-6, An Act to amend the First Nations Land Management Act,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
A message was brought from the House of Commons with a Bill C-61, An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks 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 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.
Bills
Orders No. 3 to 6 were called and postponed until the next sitting.
Inquiries
Order No. 1 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 8 were called and postponed until the next sitting.
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.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Communications Security Establishment Commissioner for the fiscal year ended March 31, 2007, pursuant to the National Defence Act, S.C. 2001, c. 41, s. 102. —Sessional Paper No. 1/39-916.
Reports of the National Defence and Canadian Forces Ombudsman for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2) and s. 73.—Sessional Paper No. 1/39-917.
Statutes of the Northwest Territories for March 2007, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N- 27, sbs. 21(1). —Sessional Paper No. 1/39- 918.
Reports of the Nunavut Water Board for the fiscal year ended March 31, 2007, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/39- 919.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The names of the Honourable Senators Mercer and Peterson substituted for those of the Honourable Senators Lavigne and Harb (June 12).