Journals of the Senate
57 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 2
Tuesday, January 27, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Corbin, Cordy, Cowan, Dallaire, Dawson, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Raine, Ringuette, Rivard, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Corbin, Cordy, Cowan, Dallaire, Dawson, *Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, *Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Phalen, Poy, Prud'homme, Raine, Ringuette, Rivard, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
The Senate observed a minute of silence in memory of Warrant Officer Robert John Wilson, Corporal Mark Robert McLaren, Private Demetrios Diplaros, Corporal Thomas James Hamilton, Private John Michael Roy Curwin, Private Justin Peter Jones, Private Michael Freeman, Warrant Officer Gaétan Maxime Roberge, Sgt. Gregory John Kruse and Trooper Brian Richard Good, whose tragic deaths occurred over the last few months while serving their country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
With leave of the Senate,
The Honourable Senator Carstairs, P.C., tabled the following:
Document entitled: Pages of Reflection: A Journal of Essays by Senate Pages, Volume 2, Fall 2008.—Sessional Paper No. 2/40-42S.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That, during the first twelve sitting days following the adoption of this motion, any Senator at the time of prorogation of the first session of the fortieth Parliament who had not yet made and filed the renewed Declaration of Property required under Rule 135 shall do so; and
That immediately after the expiration of this period, the Clerk of the Senate shall lay upon the Table a list of those Senators who have made and filed the renewed Declaration during the first or second sessions of the fortieth Parliament.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Grafstein presented a Bill S-201, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery).
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Bryden, 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.
° ° °
The Honourable Senator Murray, P.C., presented a Bill S-202, An Act to amend the Canada Elections Act (repeal of fixed election dates).
The bill was read the first time.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, 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.
° ° °
The Honourable Senator Grafstein presented a Bill S-203, An Act to amend the Business Development Bank of Canada Act (municipal infrastructure bonds) and to make a consequential amendment to another Act.
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Callbeck, 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.
° ° °
The Honourable Senator Spivak presented a Bill S-204, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
The bill was read the first time.
The Honourable Senator Spivak moved, seconded by the Honourable Senator Atkins, 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.
° ° °
The Honourable Senator Grafstein presented a Bill S-205, An Act to amend the Criminal Code (suicide bombings).
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Banks, 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.
° ° °
The Honourable Senator McCoy presented a Bill S-206, An Act respecting the office of the Commissioner of the Environment and Sustainable Development.
The bill was read the first time.
The Honourable Senator McCoy moved, seconded by the Honourable Senator Spivak, 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.
° ° °
The Honourable Senator Carstairs, P.C., presented a Bill S-207, An Act to amend the Employment Insurance Act (foreign postings).
The bill was read the first time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C., 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.
° ° °
The Honourable Senator Grafstein presented a Bill S-208, An Act to amend the Food and Drugs Act (clean drinking water).
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Day, 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.
° ° °
The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-209, An Act to amend the Criminal Code (protection of children).
The bill was read the first time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Pépin, 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.
° ° °
The Honourable Senator Munson presented a Bill S-210, An Act respecting World Autism Awareness Day.
The bill was read the first time.
The Honourable Senator Munson moved, seconded by the Honourable Senator Milne, 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.
° ° °
The Honourable Senator Grafstein presented a Bill S-211, 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.
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Mahovlich, 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.
The Honourable Senator Banks presented a Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999.
The bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, 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.
° ° °
The Honourable Senator Mitchell presented a Bill S-213, An Act to amend the Income Tax Act (carbon offset tax credit).
The bill was read the first time.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Merchant, 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.
° ° °
The Honourable Senator Grafstein presented a Bill S-214, An Act to regulate securities and to provide for a single securities commission for Canada.
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Corbin, 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.
° ° °
The Honourable Senator Banks presented a Bill S-215, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).
The bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Downe, 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.
° ° °
The Honourable Senator Banks presented a Bill S-216, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (Involvement of Parliament).
The bill was read the first time.
The Honourable Senator Banks moved, seconded by the Honourable Senator Furey, 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.
° ° °
The Honourable Senator Grafstein presented a Bill S-217, An Act respecting a National Philanthropy Day.
The bill was read the first time.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Hubley, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Consideration of Her Excellency the Governor General's Speech from the Throne at the Opening of the Second Session of the Fortieth Parliament.
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Gerstein:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Pépin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Interim Order Respecting Prohibited Items (P.C. 2008-1949 and JUS-10000-1066), dated December 14, 2008, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 2/40-3.
Reports of the Canada Revenue Agency for the fiscal year ended March 31, 2008, 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. 2/40-4.
Report of operations under the Export and Import Permits Act for the year 2007, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, s. 27.—Sessional Paper No. 2/40-5.
Report of the National Capital Commission for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-6.
Report of the National Capital Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/40-7.
Reports of the National Capital Commission for the fiscal year ended March 31, 2008, 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. 2/40-8.
Summaries of the Amended Corporate Plan for 2008-2009 to 2012-2013 and of the Capital Budget for 2008-2009 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-9.
Report of the Canada Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Canada Pension Plan Act, R.S.C. 1985, c. C-8, sbs. 117(2).—Sessional Paper No.2/40-10.
Report of the Canada Mortgage and Housing Corporation for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-11.
Report of the Canadian International Trade Tribunal entitled ``Recommendation Regarding Le Château Inc. (Woven Polyester Fabric)'' dated December 2, 2008, pursuant to the Canadian International Trade Tribunal Act, R.S.C. 1985, c. 47 (4th Supp.), sbs. 21(2).—Sessional Paper No. 2/40-12.
Reports of the Economic Development Agency of Canada for the Regions of Quebec for the fiscal year ended March 31, 2008, 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. 2/40-13.
Report of the Sport Dispute Resolution Centre of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2008, pursuant to the Physical Activity and Sport Act, 2003, c. 2, sbs. 33(5).—Sessional Paper No. 2/ 40-14.
Reports of the Atlantic Canada Opportunities Agency for the fiscal year ended March 31, 2008, 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. 2/40- 15.
Report of Marine Atlantic Inc., together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/40-16.
Report of the Canada Lands Company Limited for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-17.
Report of Ridley Terminals Inc., together with the Auditor General's Report, for the year 2007, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/40-18.
Report of the Federal Bridge Corporation Limited for the year ended December 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-19.
Report of the Blue Water Bridge Authority, together with the Auditor General's Report, for the year 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 2/40-20.
Report of the Blue Water Bridge Authority for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-21.
Report of the Canadian Air Transport Security Authority for the fiscal year ended March 31, 2008, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/40-22.
Reports of the Blue Water Bridge Authority for the fiscal year ended August 31, 2008, 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. 2/40-23.
Report on operations under the Cultural Property Export and Import Act for the fiscal year ended March 31, 2008, pursuant to the Cultural Property Export and Import Act, R.S.C. 1985, c. C-51, s. 52.—Sessional Paper No. 2/40-24.
Report of the Canadian Broadcasting Corporation, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Broadcasting Act, S.C. 1991, c.11, sbs. 71(1).—Sessional Paper No. 2/40-25.
Report of Telefilm Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Telefilm Canada Act, R.S.C. 1985, c. C-16, sbs. 23(2).—Sessional Paper No. 2/40-26.
Report of the National Film Board of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2).—Sessional Paper No. 2/40-27.
Report of Public Service Labour Relations Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2008, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 2/40-28.
Report of the Public Service Labour Relations Board on the administration of the Public Service Labour Relations Act for the fiscal year ended March 31, 2008, pursuant to the Act, 2003, c. 22, s. 2 ``251(2)''.—Sessional Paper No. 2/40- 29.
Reports of the Canadian Museum of Nature for the fiscal year ended March 31, 2008, 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. 2/40-30.
Reports of the National Gallery of Canada for the fiscal year ended March 31, 2008, 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. 2/40-31.
Reports of the Public Service Labour Relations Board for the fiscal year ended March 31, 2008, 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. 2/40- 32.
Reports of the Canadian Cultural Property Export Review Board for the fiscal year ended March 31, 2008, 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. 2/40-33.
Reports of the National Arts Centre for the fiscal year ended August 31, 2008, 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. 2/40-34.
Report of Defence Construction (1951) Limited, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/40-35.
Reports of the Department of Public Works and Government Services Canada for the fiscal year ended March 31, 2008, 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. 2/40-36.
Reports of Defence Construction (1951) Limited for the fiscal year ended March 31, 2008, 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. 2/40-37.
Reports of the Department of Fisheries and Oceans for the fiscal year ended March 31, 2008, 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. 2/40-38.
Reports of the Freshwater Fish Marketing Corporation for the year ended April 30, 2008, 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. 2/40-39.
Statutes of the Northwest Territories for June 2008, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).—Sessional Paper No. 2/40-40.
Report of the Canadian Polar Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2008, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, sbs. 21(2).—Sessional Paper No. 2/ 40-41.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Martin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:41 p.m. the Senate was continued until 2 p.m. tomorrow.)