Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 14
Tuesday, March 3, 2009
2:00 p.m.
The Honourable Rose-Marie Losier-Cool, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Callbeck, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, 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, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Kenny, Keon, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, 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
Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Callbeck, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, 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, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Kenny, Keon, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, *Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Oliver, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivard, Rivest, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker pro tempore informed the Senate that the Clerk of the Senate had tabled the following (Sessional Paper No. 2/40-183S):
March 3, 2009
Mr. Speaker,
In accordance with the order of the Senate of January 27, 2009, I have the honour to submit herewith, for tabling in the Senate, a list of senators appointed prior to this Parliament who have renewed their Declaration of Property Qualifications during the first or second session of the present Parliament.
I have the honour to be, Mr. Speaker, your obedient servant.
PAUL C. BÉLISLE
Clerk of the Senate and Clerk of the Parliaments
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané,Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fox, Fraser, Furey, Goldstein, Grafstein, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, Lavigne, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poulin (Charette), Poy, Prud'homme, Ringuette, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Watt, Zimmer.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Kenny, tabled the following (Sessional Paper No. 2/40-184S):
Tuesday, March 3, 2009
The Standing Senate Committee on National Security and Defence has the honour to table its
FIRST REPORT
Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred for that purpose during the Second Session of the Thirty-ninth Parliament are as follows:
With respect to its studies of legislation:
During the session, together your committee and its subcommittee held 5 meetings, heard 14 witnesses, and examined and reported on two bills: Bill C-40, An Act to amend the Canada Labour Code, the Canada Student Financial Assistance Act, the Canada Student Loans Act and the Public Service Employment Act; and Bill C-287, An Act respecting a National Peacekeepers' Day.
Professional and Other Services $ 1,075 Transport and Communications — Other Expenditures — Witness Expenses 1,793 TOTAL $ 2,868
2. With respect to its special study on the national security policy for Canada (authorized by the Senate on Tuesday November 20, 2007):
(a) During this study, your committee spent 149.2 hours meeting 190 persons in public hearings and fact-finding missions. In addition to hearings in Ottawa, your committee conducted fact-finding missions in Dubai (United Arab Emirates), Kandahar (Afghanistan), Landstuhl (Germany), Brussels (Belgium) and London (UK).
(b) Your committee submitted four substantive reports regarding: i) the Canadian mission in Afghanistan, ii) the state of Canada's military, iii) the rescue, treatment and rehabilitation of wounded military personnel, and iv) emergency preparedness in Canada.
(c) During this study, there were 1,067 references to the committee in the print media. There were 101,594 hits on the committee's website.
Professional and Other Services $ 174,568 Transport and Communications 249,905 Other Expenditures 7,945 Witness Expenses 2,609 TOTAL $ 435,027
3. With respect to its special study on the services and benefits provided to veterans in recognition of their services to Canada (authorized by the Senate on Tuesday, November 20, 2007):
(a) This order of reference was delegated to the Subcommittee on Veterans Affairs on Monday, November 26, 2007, which heard 19 witnesses and held 10 meetings (11.5 hours).
(b) Your committee submitted one substantive report on the reductions of Service Income Security Insurance Plan Long Term Disability Benefits.
Professional and Other Services $ 4,337 Transport and Communications — Other Expenditures — Witness Expenses 3,546 TOTAL $ 7,883
In addition to the expenses for the examination of legislation and for its special studies as set out above, your committee also incurred general postal charges in the amount of $10,364.
Respectfully submitted,
COLIN KENNY
Chair
° ° °
The Honourable Senator Eyton presented the following:
Tuesday, March 3, 2009
The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its
FIRST REPORT
Your committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the committee was previously empowered ``to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:
1. the appropriate principles and practices to be observed
(a) in the drafting of powers enabling delegates of Parliament to make subordinate laws;
(b) in the enactment of statutory instruments;
(c) in the use of executive regulation — including delegated powers and subordinate laws;
and the manner in which Parliamentary control should be effected in respect of the same;
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.''
Your committee recommends that the same order of reference, together with the evidence adduced thereon during previous sessions, be again referred to it.
Your committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:
Whether any regulation or other statutory instrument within its terms of reference, in the judgment of the committee:
1. is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;
2. is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;
3. purports to have retroactive effect without express authority having been provided for in the enabling legislation;
4. imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;
5. imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
6. tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;
7. has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;
8. appears for any reason to infringe the rule of law;
9. trespasses unduly on rights and liberties;
10. makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;
11. makes some unusual or unexpected use of the powers conferred by the enabling legislation;
12. amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment; or
13. is defective in its drafting or for any other reason requires elucidation as to its form or purport.
Your committee recommends that its quorum be fixed at four members, provided that both houses are represented whenever a vote, resolution or other decision is taken, and that the joint chairmen be authorized to hold meetings to receive evidence and authorize the printing thereof so long as three members are present, provided that both houses are represented; and, that your committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.
Your committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
Your committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to rule 104(2) of the Rules of the Senate, that the expenses of your committee (Senate portion) during the Second Session of the Thirty-ninth Parliament are as follows:
Professional and Other Services $ 300 Transport and Communications — All other expenditures 1,179 Witness Expenses 3,854 TOTAL $ 5,333
In addition to the expenses for the examination of legislation as set out above, your committee also incurred general postal charges in the amount of $239.
A copy of the relevant Minutes of Proceedings and Evidence (Issue No. 1, Second Session, Thirty-ninth Parliament) is tabled in the House of Commons.
Respectfully submitted,
JOHN TREVOR EYTON
Joint Chair
The Honourable Senator Eyton moved, seconded by the Honourable Senator Johnson, 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 Segal presented a Bill S-228, An Act to amend the Financial Administration Act and the Bank of Canada Act (quarterly financial reports).
The bill was read the first time.
The Honourable Senator Segal moved, seconded by the Honourable Senator Nolin, 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 Harb presented a Bill S-229, An Act to amend the Fisheries Act (commercial seal fishing).
The bill was read the first time.
ORDERS OF THE DAY
A point of order was raised with respect to comments made by an Honourable Senator.
After debate,
The Speaker pro tempore reserved her decision.
° ° °
A point of order was raised with respect to Senate committee meeting times.
After debate,
The Speaker pro tempore reserved her decision.
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Raine, for the second reading of Bill S-2, An Act to amend the Customs Act.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that the bill be referred to the Standing Senate Committee on National Security and Defence.
The question being put on the motion, it was adopted.
Inquiries
Order No. 1 was called and postponed until the next sitting.
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 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.
° ° °
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Estimates for the fiscal year ending March 31, 2010, with the exception of Parliament Vote 10.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Standing Joint Committee on the Library of Parliament be authorized to examine and report upon the expenditures set out in Parliament Vote 10 of the Estimates for the fiscal year ending March 31, 2010; and
That a message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 9 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-221, An Act to amend the Financial Administration Act (borrowing of money).
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Banks, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 11 and 12 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Milne, for the second reading of Bill S-210, An Act respecting World Autism Awareness Day.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Munson moved, seconded by the Honourable Senator Pépin, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
° ° °
Orders No. 14 to 26 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 7 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Callbeck, seconded by the Honourable Senator Corbin:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:
(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;
(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;
(c) examination of the current federal/provincial transfer mechanism for post-secondary education;
(d) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and
(e) any other matters related to the study; and
That the Committee submit its final report no later than December 31, 2010, and that the Committee retain until June 30, 2011, all powers necessary to publicize its findings.
After debate,
The Honourable Senator Comeau 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.
° ° °
Orders No. 12 (motion), 4, 2, 1 (inquiries), 10 and 4 (motions) were called and postponed until the next sitting.
° ° °
Resuming debate on the motion by the Honourable Senator Ringuette, seconded by the Honourable Senator Rompkey, P.C.:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to examine and report on the credit and debit card systems in Canada and their relative rates and fees, in particular for businesses and consumers; and
That the Committee report to the Senate no later than June 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 question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fairbairn, P.C.:
That the Senate endorse the following Resolution, adopted by the OSCE Parliamentary Assembly at its 17th Annual Session, held at Astana, Kazakhstan, from June 29 to July 3, 2008:
RESOLUTION ON EXPANDING TRADE BETWEEN NORTH AMERICA AND EUROPE
1. Reaffirming the importance of trade for economic growth, political stability and international peace,
2. Recalling the fundamental importance of the economic and environmental dimension in the OSCE's comprehensive approach to security,
3. Considering that expanded free trade between North American and European markets will benefit all OSCE participating States politically as well as economically,
4. Recalling the commitments made by the participating States at the Maastricht Ministerial Council in December 2003 regarding the liberalization of trade and the elimination of barriers limiting market access,
5. Recalling the recommendations of the 2006 OSCE Best Practice Guide for a Positive Business and Investment Climate, published by the Office of the Co-ordinator of OSCE Economic and Environmental Activities, which advocate stronger international trade policies and conditions favourable to the circulation of international capital,
6. Concurring with the conclusions of the Co-ordinator of OSCE Economic and Environmental Activities that free trade agreements and the reduction of tariffs are vital to a strong trade policy,
7. Recalling the importance that the OSCE Parliamentary Assembly accords to the development of international trade as underlined by the Assembly's Fifth Economic Conference on the theme of ``Strengthening Stability and Co-operation through International Trade'' held in Andorra in May 2007,
8. Recalling the deep historical and cultural ties between the peoples and states of North America and Europe which shaped their common values, on which the OSCE is based, and which are reinforced by the strength of their economic links,
9. Recognizing the considerable impact that the economies of North America and Europe have on international trade,
10. Considering the increasingly interdependent nature of the economic links between North America and Europe,
11. Noting the scope and depth of trade between North America and Europe which benefits public accounts and the private sector in addition to generating opportunities for employment,
12. Welcoming recently signed agreements that promote greater and freer trade between a limited number of markets in North America and Europe, such as the January 2008 Free Trade Agreement between Canada and the European Free Trade Association,
13. Acknowledging the appeal of the emerging markets in Asia and South America, whose growth will generate new levels of competition and economic efficiencies for trade between North America and Europe,
14. Concerned with the persistence of trade barriers in the economic relations between North America and Europe which limit opportunities for greater economic growth and human development,
15. Concerned with the state of the Doha Round of negotiations at the World Trade Organization which is affecting inter-regional trade negotiations such as the Canada-European Union Trade and Investment Enhancement Agreement suspended since 2006,
The OSCE Parliamentary Assembly:
16. Resolves that seminars and conferences to raise awareness of the opportunities and shared benefits of trade liberalization should be considered;
17. Calls on the parliaments of the OSCE participating States to vigorously support and accelerate all multilateral, inter-institutional and bilateral initiatives that promote the liberalization of trade between North America and Europe, including the harmonization of standards and the elimination of regulatory barriers;
18. Calls on the parliaments of the OSCE participating States to sustain the political will of their governments as members of existing economic agreements, including the North American Free Trade Agreement, the European Union, the European Free Trade Association and the Central European Free Trade Agreement, to develop transatlantic partnership agreements that expand and liberalise trade between and among them;
19. Recommends that current and future initiatives that target expanded trade between the economies of North America and Europe consider greater involvement where appropriate of regional and subregional governments and groupings;
20. Recommends that current and future initiatives that target expanded trade between the economies of North America and Europe reflect the principles and standards of the OSCE, particularly human rights, environmental protection, sustainable development and economic and social rights, including workers' rights, as agreed to in the 1990 Document of the Bonn Conference on Economic Co-operation in Europe, the 1990 Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE and the 1990 Charter of Paris for a New Europe.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Champagne, P.C., 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 Angus moved, seconded by the Honourable Senator Johnson:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on emerging issues related to its mandate:
(a) The current state and future direction of production, distribution, consumption, trade, security and sustainability of Canada's energy resources;
(b) Environmental challenges facing Canada including responses to global climate change, air pollution, biodiversity and ecological integrity;
(c) Sustainable development and management of renewable and non-renewable natural resources including but not limited to water, minerals, soils, flora and fauna; and
(d) Canada's international treaty obligations affecting energy, the environment and natural resources and their influence on Canada's economic and social development.
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Thirty-ninth Parliament be referred to the committee; and
That the committee submit its final report no later than June 30, 2010 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copy of Regulations Amending the United Nations Liberia Regulations and the Regulations Implementing the United Nations Resolution on Lebanon (P.C. 2009-128 and SOR/JUS-610440), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 2/40-179.
Copy of Proposed Regulations Amending the Citizenship Regulations, 1993 (SOR/JUS-612112), pursuant to the Citizenship Act, R.S.C. 1985, c. C-29, sbs. 27(1).—Sessional Paper No. 2/40-180.
List of Commissions issued for the year 2008, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 2/40-181.
Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the years 2005 and 2006, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 2/40-182.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Fortin-Duplessis:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:14 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Cordy replaced the Honourable Senator Rompkey, P.C. (February 26, 2009).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Peterson replaced the Honourable Senator Adams (March 3, 2009).
Standing Senate Committee on Human Rights
The Honourable Senator Jaffer replaced the Honourable Senator Munson (March 3, 2009).
The Honourable Senator Munson replaced the Honourable Senator Jaffer (March 2, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Nolin (March 3, 2009).
The Honourable Senator Day replaced the Honourable Senator Mitchell (March 3, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Day (March 2, 2009).
The Honourable Senator Nolin replaced the Honourable Senator Manning (February 27, 2009).
Standing Senate Committee on Official Languages
The Honourable Senator Mockler replaced the Honourable Senator Martin (March 3, 2009).
The Honourable Senator Martin replaced the Honourable Senator Mockler (February 27, 2009).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Baker, P.C., replaced the Honourable Senator Cordy (March 3, 2009).