Journals of the Senate
57 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 5
Tuesday, February 3, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Baker, Banks, Biron, Brazeau, Brown, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Goldstein, Grafstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, 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, Andreychuk, Angus, Baker, Banks, Biron, Brazeau, Brown, Callbeck, Campbell, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, 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, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, 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
The Senate observed a minute of silence in memory of Sapper Sean Greenfield, whose tragic death occurred this past weekend while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Report of the Implementation Committee on the Gwich'in Comprehensive Land Claim Agreement for the fiscal years 2005-2006 and 2006-2007.—Sessional Paper No. 2/40-82.
Report of the Implementation Committee on the Sahtu Dene and Metis Comprehensive Land Claim Agreement for the fiscal year 2004-2005.—Sessional Paper No. 2/40-83.
Report of the Implementation Committee on the Sahtu Dene and Metis Comprehensive Land Claim Agreement for the fiscal years 2005-2006 and 2006-2007.—Sessional Paper No. 2/40-84.
Report of the Inuvialuit Final Agreement Implementation Coordinating Committee for the fiscal year 2004-2005. —Sessional Paper No. 2/40-85.
Report of the Inuvialuit Final Agreement Implementation Coordinating Committee for the fiscal years 2005-2006 and 2006-2007.—Sessional Paper No. 2/40-86.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Tkachuk presented the following:
Tuesday, February 3, 2009
The Committee of Selection has the honour to present its
FIRST REPORT
Pursuant to rules 85(1)(a) and 85(2) of the Rules of the Senate, your committee wishes to inform the Senate that it nominates the Honourable Senator Losier-Cool as Speaker pro tempore.
Respectfully submitted,
DAVID TKACHUK
Chair
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Brown, 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 Senate Public Bills
The Honourable Senator Goldstein presented a Bill S-219, An Act to amend the Bankruptcy and Insolvency Act (student loans).
The bill was read the first time.
The Honourable Senator Goldstein moved, seconded by the Honourable Senator Lovelace Nicholas, 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 Goldstein presented a Bill S-220, An Act respecting commercial electronic messages.
The bill was read the first time.
The Honourable Senator Goldstein 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 Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 49th Annual Meeting, held in Santa Fe, United States, from May 16 to 19, 2008.—Sessional Paper No. 2/40-87.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2008 Annual Meeting of the Western Governors' Association, held in Jackson Hole, United States, from June 29 to July 1, 2008. —Sessional Paper No. 2/40-88.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2008 Annual Meeting of the Council of State Governments—WEST, held in Anchorage, United States, from July 16 to 20, 2008.—Sessional Paper No. 2/40-89.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2008 Legislative Summit of the National Conference of State Legislatures, held in New Orleans, United States, from July 22 to 26, 2008.—Sessional Paper No. 2/40-90.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 2008 Annual Meeting of the Southern Governors' Association, held in White Sulphur Springs, United States, from August 8 to 11, 2008.—Sessional Paper No. 2/40-91.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill S-2, An Act to amend the Customs Act.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Raine, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill S-3, An Act to amend the Energy Efficiency Act.
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Rivard, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Poy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
The Honourable Senator Duffy called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Comeau, concerning the budget entitled Canada's Economic Action Plan, tabled in the House of Commons on January 27, 2009 by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on January 28, 2009.
After debate,
The Honourable Senator Munson moved, seconded by the Honourable Senator Milne, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, 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 Comeau, for the Honourable Senator Lang, moved, seconded by the Honourable Senator Stratton, 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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-201, An Act to amend the Library and Archives of Canada Act (National Portrait Gallery).
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Pépin, 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.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-204, An Act to amend the National Capital Act (establishment and protection of Gatineau Park).
The Honourable Senator Spivak moved, seconded by the Honourable Senator Wallace, 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. 7 to 18 were called and postponed until the next sitting.
Other
Orders No. 2, 4 and 3 (motions) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Segal called the attention of the Senate to the government of Iran's imminent nuclear war capacity and its preparations for war in the Middle East, and to the commitment of Canada and its allies, including the USA, Russia, Turkey, the Gulf States, Egypt, Jordan, Saudi Arabia and others, to diplomatic and strategic initiatives that exclude first-use nuclear attack, the ability of Canada to engage with its allies in order to understand, measure and contain this threat, and the capacity of Canada to support allied efforts to prevent a thermonuclear exchange in the Middle East.
After debate,
The Honourable Senator Prud'homme, P.C., moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Banks moved, seconded by the Honourable Senator Day:
That Rule 28(3.1) of the Rules of the Senate be amended as follows:
That after the words ``tables a document proposing a user fee,'' the words ``or the increase or extension of a user fee,'' be added; and
That after the words ``designated in the Senate for the purpose by the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate'', the words ``, provided that the respective committee has been properly constituted under the authority of the Senate, and'' be added.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, 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):
Summaries of the Corporate Plan for the period 2008-2012 and of the Operating and Capital Budgets for 2008 of PPP Canada (P3C), pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-79.
Report on the review of the Farm Debt Mediation Act and the Farm Debt Mediation Service for the fiscal years 2004-2005 and 2006-2007, pursuant to the Act, S.C. 1997, c. 21, sbs. 28(3). —Sessional Paper No. 2/40-80.
Report on the Annual Summary of Steel Import Permit Data for the year 2008, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5.1(3).—Sessional Paper No. 2/40-81.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Neufeld:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:16 p.m. the Senate was continued until 2 p.m. tomorrow.)