Journals of the Senate
57 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 4
Thursday, January 29, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Atkins, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Corbin, Cowan, Dawson, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fraser, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Manning, Martin, Massicotte, McCoy, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Neufeld, Nolin, Oliver, Peterson, Phalen, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Atkins, Baker, Banks, Brazeau, Brown, Bryden, Callbeck, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Corbin, Cowan, Dawson, *Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Eyton, Fairbairn, Fortin-Duplessis, Fraser, Gerstein, *Goldstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Manning, Martin, Massicotte, McCoy, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Neufeld, Nolin, Oliver, Peterson, Phalen, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Supplementary Estimates (B), 2008-2009—Sessional Paper No. 2/40-77.
Introduction and First Reading of Government Bills
The Honourable Senator Comeau presented a Bill S-2, An Act to amend the Customs Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallin, 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 Comeau presented a Bill S-3, An Act to amend the Energy Efficiency Act.
The bill was read the first time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard, 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 Joyal, P.C., presented a Bill S-218, An Act to amend the Parliamentary Employment and Staff Relations Act.
The bill was read the first time.
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Losier-Cool, 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 Losier-Cool tabled the following:
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, respecting its participation at the Francophone Conference of the National Assembly of Hungary, held in Budapest, Hungary, on October 30 and 31, 2008.—Sessional Paper No. 2/40-78.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons in the following words:
Tuesday, January 27, 2009
IT WAS ORDERED,— That the list of members and associate members for Standing Joint Committees of the House be as follows:
Library of Parliament
Members: Gérard Asselin, Mauril Bélanger, Carolyn Bennett, Ray Boughen, Peter Braid, Peter Goldring, Ed Holder, Carol Hughes, Gurbax Malhi, Louis Plamondon, Scott Reid, Greg Rickford—(12).
Associate Members: Jim Abbott, Harold Albrecht, Mike Allen, Dean Allison, Rob Anders, David Anderson, Leon Benoit, Maxime Bernier, James Bezan, Steven Blaney, Kelly Block, Sylvie Boucher, Garry Breitkreuz, Gord Brown, Lois Brown, Patrick Brown, Rod Bruinooge, Gerry Byrne, Dona Cadman, Paul Calandra, Blaine Calkins, Ron Cannan, Colin Carrie, Rick Casson, Michael Chong, Rob Clarke, John Cummins, Patricia Davidson, Bob Dechert, Dean Del Mastro, Earl Dreeshen, Ken Dryden, John Duncan, Rick Dykstra, Ed Fast, Royal Galipeau, Cheryl Gallant, Shelly Glover, Jacques Gourde, Nina Grewal, Richard M. Harris, Laurie Hawn, Russ Hiebert, Randy Hoback, Candice Hoeppner, Brian Jean, Randy Kamp, Gerald Keddy, Greg Kerr, Ed Komarnicki, Daryl Kramp, Mike Lake, Guy Lauzon, Carole Lavallée, Pierre Lemieux, Ben Lobb, Tom Lukiwski, James Lunney, Dave MacKenzie, Inky Mark, Colin Mayes, Phil McColeman, Cathy McLeod, Ted Menzies, Larry Miller, Rob Moore, Rick Norlock, Deepak Obhrai, Tilly O'Neill-Gordon, LaVar Payne, Daniel Petit, Pierre Poilievre, Roger Pomerleau, Joe Preston, James Rajotte, Brent Rathgeber, Blake Richards, Lee Richardson, Andrew Saxton, Gary Schellenberger, Bev Shipley, Devinder Shory, Joy Smith, Kevin Sorenson, Bruce Stanton, Brian Storseth, David Sweet, David Tilson, Bradley Trost, Merv Tweed, Tim Uppal, Dave Van Kesteren, Maurice Vellacott, Mike Wallace, Mark Warawa, Chris Warkentin, Jeff Watson, John Weston, Rodney Weston, Alice Wong, Stephen Woodworth, Terence Young.
Scrutiny of Regulations
Members: Gérard Asselin, Earl Dreeshen, Christiane Gagnon, Royal Galipeau, Randy Hoback, Andrew Kania, Derek Lee, Brian Masse, Andrew Saxton, Paul Szabo, Stephen Woodworth, Terence Young—(12).
Associate Members: Jim Abbott, Harold Albrecht, Mike Allen, Dean Allison, Rob Anders, David Anderson, Leon Benoit, Maxime Bernier, James Bezan, Steven Blaney, Kelly Block, Sylvie Boucher, Ray Boughen, Peter Braid, Garry Breitkreuz, Gord Brown, Lois Brown, Patrick Brown, Rod Bruinooge, Dona Cadman, Paul Calandra, Blaine Calkins, Ron Cannan, Colin Carrie, Rick Casson, Michael Chong, Rob Clarke, John Cummins, Patricia Davidson, Bob Dechert, Dean Del Mastro, John Duncan, Rick Dykstra, Ed Fast, Carole Freeman, Cheryl Gallant, Shelly Glover, Peter Goldring, Jacques Gourde, Nina Grewal, Richard M. Harris, Laurie Hawn, Russ Hiebert, Candice Hoeppner, Ed Holder, Brian Jean, Randy Kamp, Gerald Keddy, Greg Kerr, Ed Komarnicki, Daryl Kramp, Mario Laframboise, Mike Lake, Guy Lauzon, Marc Lemay, Pierre Lemieux, Ben Lobb, Tom Lukiwski, James Lunney, Dave MacKenzie, Inky Mark, Colin Mayes, Phil McColeman, Cathy McLeod, Réal Ménard, Serge Ménard, Ted Menzies, Larry Miller, Rob Moore, Rick Norlock, Deepak Obhrai, Tilly O'Neill-Gordon, LaVar Payne, Daniel Petit, Pierre Poilievre, Joe Preston, James Rajotte, Brent Rathgeber, Scott Reid, Blake Richards, Lee Richardson, Greg Rickford, Gary Schellenberger, Bev Shipley, Devinder Shory, Joy Smith, Kevin Sorenson, Bruce Stanton, Brian Storseth, David Sweet, David Tilson, Bradley Trost, Merv Tweed, Tim Uppal, Dave Van Kesteren, Maurice Vellacott, Mike Wallace, Mark Warawa, Chris Warkentin, Jeff Watson, John Weston, Rodney Weston, Alice Wong.
That a message be sent to the Senate to acquaint their Honours of the names of the Members to serve on behalf of this House on the Standing Joint Committees.
ATTEST:
AUDREY O'BRIEN
The Clerk of the House of Commons
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Orders No. 1 and 2 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-202, An Act to amend the Canada Elections Act (repeal of fixed election dates).
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Atkins, that the bill be read the second time.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Neufeld, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 6 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-207, An Act to amend the Employment Insurance Act (foreign postings).
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the bill be read the second time.
Debate.
A point of order was raised concerning the acceptability of the bill.
After debate,
The Speaker reserved his decision.
° ° °
Orders No. 8 to 14 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-215, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Housakos, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 16 and 17 were called and postponed until the next sitting.
Other
Order No. 3 (motion) was called and postponed until the next sitting.
MOTIONS
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Hubley:
That a Special Committee of the Senate be appointed to examine and report upon the implications of an aging society in Canada;
That, notwithstanding rule 85(1)(b), the committee be comprised of seven members, namely the Honourable Senators Carstairs, P.C., Chaput, Cools, Cordy, Keon, Mercer, and Stratton, and that three members constitute a quorum;
That the committee examine the issue of aging in our society in relation to, but not limited to:
promoting active living and well being;
housing and transportation needs;
financial security and retirement;
abuse and neglect;
health promotion and prevention; and
health care needs, including chronic diseases, medication use, mental health, palliative care, home care and caregiving;
That the committee review public programs and services for seniors, the gaps that exist in meeting the needs of seniors, and the implications for future service delivery as the population ages;
That the committee review strategies on aging implemented in other countries;
That the committee review Canada's role and obligations in light of the 2002 Madrid International Plan of Action on Ageing;
That the committee consider the appropriate role of the federal government in helping Canadians age well;
That the committee have power to send for persons, papers and records; to examine witnesses; to report from time to time and to print such papers and evidence from day to day as may be ordered by the committee;
That the committee be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings;
That, pursuant to rule 95(3)(a), the committee be authorized to meet during periods that the Senate stands adjourned for a period exceeding one week;
That the papers and evidence received and taken and work accomplished by the committee on this subject during the First and Second Session of the Thirty-ninth Parliament be referred to the committee; and
That the committee submit its final report no later than April 30, 2009, and that the committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Mockler, 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 Banks moved, seconded by the Honourable Senator Callbeck:
That,
Whereas, in the 2nd Session of the 40th Parliament, a bill has been introduced in the Senate to amend the Constitution of Canada by repealing the provision that requires that a person, in order to qualify for appointment to the Senate and to maintain their place in the Senate after being appointed, own land with a net worth of at least four thousand dollars within the province for which he or she is appointed;
Whereas a related provision of the Constitution makes reference, in respect of the province of Quebec, to the real property qualification that is proposed to be repealed;
Whereas, in respect of a Senator who represents Quebec, the real property qualification must be had in the electoral division for which the Senator is appointed or the Senator must be resident in that division;
Whereas the division of Quebec into 24 electoral divisions, corresponding to the 24 seats in the former Legislative Council of Quebec, reflects the historic boundaries of Lower Canada and no longer reflects the full territorial limits of the province of Quebec;
And whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
1. Section 22 of the Constitution Act, 1867 is amended by striking out the second paragraph of that section, beginning with ``In the Case of Quebec'' and ending with ``the Consolidated Statutes of Canada.''.
2. (1) Paragraph (5) of section 23 of the Act is replaced by the following:
(5) He shall be resident in the Province for which he is appointed.
(2) Paragraph (6) of section 23 of the Act is repealed.
Citation
3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Quebec: electoral divisions and real property qualifications of Senators).
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
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 Duffy:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 3, 2009, 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 on Crown Corporations and Other Corporate Interests of Canada, 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. 151(1) and 152(1).—Sessional Paper No. 2/40-76.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Lang:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:06 p.m. the Senate was continued until Tuesday, February 3, 2009, at 2 p.m.)