Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 17
Tuesday, March 10, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Baker, Banks, Brazeau, Brown, Bryden, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, 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, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, 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 Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Baker, Banks, Brazeau, Brown, Bryden, Campbell, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, 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, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, 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
The Senate observed a minute of silence in memory of Private Marc Diab, whose tragic death occurred last weekend while serving his country in Afghanistan.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Carstairs, P.C., presented the following:
Tuesday, March 10, 2009
The Standing Joint Committee on the Library of Parliament has the honour to present its
FIRST REPORT
Your Committee recommends to the Senate that it be authorized to assist the Speaker of the Senate and the Speaker of the House of Commons in directing and controlling the Library of Parliament, and that it be authorized to make recommendations to the Speaker of the Senate and the Speaker of the House of Commons regarding the governance of the Library and the proper expenditure of moneys voted by Parliament for the purchase of books, maps or other articles to be deposited therein.
Your Committee recommends:
(a) that its quorum be fixed at six members, provided that each House is represented, and a member from the opposition and a member from the government are present, whenever a vote, resolution or other decision is taken; and
(b) that the Joint Chairs be authorized to hold meetings to receive evidence and to have that evidence published when a quorum is not present, provided that at least three members are present, including a member from the opposition and a member from the government.
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, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses of the Committee (Senate portion) during the Second Session of the Thirty-ninth Parliament were as follows:
Professional and Other Services $ — Transport and Communications 210 All Other Expenses — TOTAL $ 210
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled in the House of Commons.
Respectfully submitted,
SHARON CARSTAIRS
Joint Chair
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Pépin, 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-17, An Act to recognize Beechwood Cemetery as the national cemetery of Canada, 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 Andreychuk, 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 Grafstein presented a Bill S-230, An Act to amend the Bank of Canada Act (credit rating agency).
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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Nolin tabled the following:
Report of the Canadian NATO Parliamentary Association respecting the visit to Belgrade, Serbia and Pristina, Kosovo by the Committee on the Civil Dimension of Security and the Sub-Committee on Future Security and Defence, from April 21 to 24, 2008.—Sessional Paper No. 2/40-196.
Report of the Canadian NATO Parliamentary Association respecting the visit to Romania and Bulgaria by the Science and Technology Committee Sub-Committee on Energy and Environmental Security, from May 12 to 15, 2008.—Sessional Paper No. 2/40-197.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting the visit to Washington, D.C. and New York, United States, by the Economics and Security Committee and the Sub-Committee on East-West Economic Co-operation and Convergence, from June 23 to 27, 2008.—Sessional Paper No. 2/40-198.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on National Finance have power to sit from Monday, March 9, 2009 to Friday, March 13, 2009, even though the Senate may then be sitting, and that the application of rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
° ° °
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 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.
Reports of Committees
Order No. 1 was 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.
° ° °
Second reading of Bill S-226, An Act to amend the Criminal Code (lottery schemes).
The Honourable Senator Lapointe moved, seconded by the Honourable Senator Tardif, that the bill be read the second time.
After debate,
The Honourable Senator Brown 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. 10 to 12 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-224, An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies).
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 negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Brazeau, Champagne, Comeau, Di Nino, Dickson, Duffy, Eaton, Eyton, Fortin-Duplessis, Gerstein, Greene, Housakos, Johnson, Keon, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Nolin, Oliver, Prud'homme, Raine, Rivard, Segal, St. Germain, Stratton, Tkachuk, Wallace, Wallin—36
NAYS
The Honourable Senators
Adams, Atkins, Baker, Banks, Bryden, Campbell, Carstairs, Chaput, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Furey, Goldstein, Grafstein, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Mercer, Merchant, Milne, Mitchell , Moore, Munson, Murray, Pépin, Peterson, Poy, Ringuette, Robichaud, Rompkey, Smith, Stollery, Tardif, Watt, Zimmer—46
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-224, An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies).
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Comeau:
That the Senate do now adjourn.
The question being put on the motion, it was negatived on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Brazeau, Brown, Champagne, Cochrane, Comeau, Di Nino, Dickson, Duffy, Eaton, Eyton, Fortin-Duplessis, Gerstein, Greene, Housakos, Johnson, Keon, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Nolin, Oliver, Prud'homme, Raine, Rivard, Segal, St. Germain , Stratton, Tkachuk, Wallace, Wallin—38
NAYS
The Honourable Senators
Adams, Atkins, Baker, Banks, Bryden, Chaput, Cook, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fox, Furey, Goldstein, Grafstein, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Losier-Cool, Mercer, Merchant, Milne, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Ringuette, Robichaud, Rompkey, Sibbeston, Smith, Stollery, Tardif, Watt, Zimmer—46
ABSTENTIONS
The Honourable Senators
Nil
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Nolin:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 6:15 p.m. on Tuesday, March 10, 2009, even though the Senate may then be sitting, and that Rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Ordered, That Order No. 1 under GOVERNMENT BUSINESS, Reports of Committees, be again called.
Consideration of the third report of the Standing Senate Committee on National Finance, (Supplementary Estimates (C), 2008-2009) presented in the Senate on March 5, 2009.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
The question being put on the motion, it was adopted.
Pursuant to rule 13(1), the Speaker left the Chair to resume the same at 8 p.m.
The sitting resumed.
OTHER BUSINESS
Senate Public Bills
The Senate resumed debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-224, An Act to amend the Canada Elections Act and the Parliament of Canada Act (vacancies).
After debate,
In amendment, the Honourable Senator Segal moved, seconded by the Honourable Senator Nancy Ruth, that Bill S-224 be not now read a second time but that the subject matter thereof be referred to the Standing Senate Committee on Legal and Constitutional Affairs;
That the committee report back no later than September 22, 2009; and
That the Order to resume debate on the motion for the second reading of the bill not appear on the Order Paper and Notice Paper until the committee has tabled its report on the subject matter of the bill.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Wallin, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 14 to 17 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion by the Honourable Senator Murray, P.C., seconded by the Honourable Senator Atkins for the second reading of Bill S-202, An Act to amend the Canada Elections Act (repeal of fixed election dates).
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.
° ° °
Orders No. 19 to 22 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-212, An Act to amend the Canadian Environmental Protection Act, 1999.
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that the bill be read the second time.
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Losier-Cool, 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-214, An Act to regulate securities and to provide for a single securities commission for Canada.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fairbairn, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Losier-Cool, 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-217, An Act respecting a National Philanthropy Day.
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Hubley, that the bill be read the second time.
After debate,
The Honourable Senator Grafstein moved, seconded by the Honourable Senator Fairbairn, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 26 was called and postponed until the next sitting.
Other
Orders No. 34, 6, 5 (motions), 7 (inquiry), 12 (motion), 4, 2, 1 (inquiries), 10 and 4 (motions) were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summary of the Corporate Plan for 2008-2012 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/40-200.
Copy of Regulations Amending the Employment Insurance (Fishing) Regulations (SOR/JUS-612338), pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 153(3). —Sessional Paper No. 8560-402-597-01.—Sessional Paper No. 2/40-191.
Debt Management Report for the fiscal year ended March 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 49(1).—Sessional Paper No. 2/40-192.
Reports of Status of Women 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. 2/40-193.
Reports of the Atlantic Pilotage Authority for the year ended December 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. 2/40-194.
Report on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2008, pursuant to the Act, R.S.C. 1985, c. F-14, sbs. 42.1(1).—Sessional Paper No. 2/40-195.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 8:31 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 National Finance
The Honourable Senator Peterson replaced the Honourable Senator Callbeck (March 9, 2009).
The Honourable Senator Di Nino replaced the Honourable Senator Meighen (March 5, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Meighen replaced the Honourable Senator Nolin (March 5, 2009).