Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 19
Thursday, March 12, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Campbell, Carstairs, Cochrane, Comeau, Cook, Corbin, Cordy, Cowan, Dawson, 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, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Atkins, Bacon, Baker, Banks, Brazeau, Brown, Bryden, Campbell, Carstairs, 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, Rivest, Robichaud, Rompkey, Segal, Sibbeston, Smith, Spivak, St. Germain, Stollery, Stratton, Tardif, Tkachuk, Wallace, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Angus presented the following:
Thursday, March 12, 2009
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
THIRD REPORT
Your committee, to which was referred the document entitled Proposed Revision to User Fees, November 2008, has, in obedience to the order of reference of Wednesday, January 28, 2009, examined certain proposed changes to existing user fees under, and, in accordance with section 5 of the User Fees Act, recommends that they be approved.
The 2004 User Fees Act of Parliament gives the power to examine the introduction or change to any user fee by any regulatory authority in Canada.
Your committee notes that this process provides important measures in transparency, accountability and value for money.
Under the legislative authority of the Explosives Act, the Minister of Natural Resources Canada has proposed a revised fee schedule and additional user fees for cost recovery related to Explosives Regulatory Division ("the Division'') activities.
User fees for the Division were last set by regulations in 1993. The Division sought authority to increase its user fees through the User Fees Act and regulations in 2005 and 2008. In both cases, the Division was unsuccessful because federal elections were called before the amendments were approved or before the required 20 sitting days elapsed. Therefore, the user fees proposed represent the first regulatory increase in 16 years and as a result some of these fees have increased significantly.
Your Committee heard from officials from Natural Resources Canada on Thursday, March 5, 2009 and questioned them extensively on the proposed user fee increases. In particular, your committee wanted to know details concerning consultations the Division had with stakeholders, as required by the User Fees Act. Your committee sought assurance that stakeholder concerns had been heard and addressed. Upon hearing testimony on this matter, your committee is satisfied that this had taken place. For example, a proposal for a cost recovery of 80 per cent for a particular item was reduced to 45 per cent after stakeholder feedback. Department officials stated that stakeholders gave written approval that they were satisfied with the approach taken for the cost recovery of that item.
Having had the opportunity to hear testimony on this matter and examine the proposed changes to user fees, your committee recommends that they be approved.
Respectfully submitted,
W. DAVID ANGUS
Chair
The Honourable Senator Angus 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.
° ° °
The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its fourth report (budget—study on emerging issues related to its mandate—power to hire).
(The report is printed as appendix "A'' at pages 299-304 (available in print format PDF))
The Honourable Senator Angus moved, seconded by the Honourable Senator Wallace, 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.
° ° °
The Honourable Senator Furey presented the following:
Thursday, March 12, 2009
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
THIRD REPORT
Your Committee recommends that the following funds be released for fiscal year 2008-2009.
Energy, Environment and Natural Resources (Legislation)
Professional and Other Services $ 1,500 Transportation and Communications 100 All Other Expenditures 900 TOTAL $ 2,500 Foreign Affairs and International Trade (Legislation)
Professional and Other Services $ 1,500 Transportation and Communications 100 All Other Expenditures 900 TOTAL $ 2,500
Internal Economy, Budgets and Administration
Professional and Other Services $ 1,000 Transportation and Communications — All Other Expenditures — TOTAL $ 1,000 Legal and Constitutional Affairs (Legislation)
Professional and Other Services $ 4,750 Transportation and Communications — All Other Expenditures 250 TOTAL $ 5,000 Scrutiny of Regulations
Professional and Other Services $ 300 Transportation and Communications 450 All Other Expenditures 375 TOTAL $ 1,125
Respectfully submitted,
GEORGE J. FUREY
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Downe, 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.
° ° °
The Honourable Senator St. Germain, P.C., Chair of the Standing Senate Committee on Aboriginal Peoples, presented its second report (budget—study on matters generally relating to the Aboriginal Peoples of Canada).
(The report is printed as appendix "B'' at pages 305-310 (available in print format PDF))
The Honourable Senator St. Germain, P.C., moved, seconded by the Honourable Senator Nolin, 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.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its second report (budget—study on the provisions and operation of An Act to amend the National Defence Act (court martial)).
(The report is printed as appendix "C'' at pages 311-315 (available in print format PDF))
The Honourable Senator Fraser moved, seconded by the Honourable Senator Rompkey, P.C., 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.
° ° °
The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its third report (budget—study on the provisions and operation of the DNA Identification Act).
(The report is printed as appendix "D'' at pages 316-320 (available in print format PDF))
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, 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.
° ° °
The Honourable Senator Gerstein, Deputy Chair of the Standing Senate Committee on National Finance presented its fourth report (first interim) (2009-2010 Estimates).
(The report is printed as appendix "E'' at pages 321-344 (available in print format PDF))
With leave of the Senate,
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its second report (budget—study on foreign relations in general).
(The report is printed as appendix "F'' at pages 345-352 (available in print format PDF))
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Oliver, 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.
° ° °
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its third report (budget—study on Russia, China and India).
(The report is printed as appendix "G'' at pages 353-358 (available in print format PDF))
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Martin, 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.
° ° °
The Honourable Senator Di Nino, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its fourth report (budget—study on legislative review of Export Development Canada).
(The report is printed as appendix "H'' at pages 359-364 (available in print format PDF))
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-3, An Act to amend the Energy Efficiency Act.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
° ° °
Second reading of Bill C-17, An Act to recognize Beechwood Cemetery as the national cemetery of Canada.
The Honourable Senator Comeau moved, seconded by the Honourable Senator LeBreton, P.C., that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Brown, 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.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Gerstein, Deputy Chair of the Standing Senate Committee on National Finance, presented its fifth report (Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, without amendment).
With leave of the Senate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Stratton, that the bill be read the third time now.
After debate,
In amendment, the Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator McCoy, that Bill C-10 be not now read a third time but that it be amended:
(a) by deleting clause 317 on page 291;
(b) by deleting clause 318 on page 291;
(c) by deleting clause 319 on page 291;
(d) by deleting clause 320 on page 292;
(e) by deleting clause 321 on pages 292 to 294;
(f) by deleting clause 322 on pages 294 and 295;
(g) by deleting clause 323 on page 295;
(h) by deleting clause 324 on pages 295 and 296;
(i) by deleting clause 325 on page 296;
(j) by deleting clause 326 on pages 296 and 297;
(k) by deleting clause 327 on pages 297 and 298;
(l) by deleting clause 328 on pages 298 and 299;
(m) by deleting clause 329 on page 299;
(n) by deleting clause 330 on page 299;
(o) by deleting clause 331 on page 299;
(p) by deleting clause 332 on pages 299 and 300;
(q) by deleting clause 333 on page 300;
(r) by deleting clause 334 on pages 300 and 301;
(s) by deleting clause 335 on page 301;
(t) by deleting clause 336 on page 301;
(u) by deleting clause 337 on page 301;
(v) by deleting clause 338 on page 301;
(w) by deleting clause 339 on page 302;
(x) by deleting clause 340 on pages 302 to 306;
(y) by deleting clause 341 on page 306;
(z) by deleting clause 394 on pages 362 to 385;
(z.1) by deleting clause 395 on page 386;
(z.2) by deleting clause 396 on pages 386 and 387;
(z.3) by deleting clause 397 on pages 387 and 388;
(z.4) by deleting clause 398 on page 388;
(z.5) by deleting clause 399 on page 388;
(z.6) by deleting clause 400 on page 389;
(z.7) by deleting clause 401 on page 389;
(z.8) by deleting clause 402 on page 389;
(z.9) by deleting clause 403 on page 389;
(z.10) by deleting clause 404 on pages 389 and 390;
(z.11) by deleting clause 405 on page 390;
(z.12) by deleting clause 406 on page 390;
(z.13) by deleting clause 407 on page 390;
(z.14) by deleting clause 408 on page 390;
(z.15) by deleting clause 409 on pages 390 and 391;
(z.16) by deleting clause 410 on pages 391 to 393;
(z.17) by deleting clause 411 on page 393;
(z.18) by deleting clause 412 on page 394;
(z.19) by deleting clause 413 on page 394;
(z.20) by deleting clause 414 on page 394;
(z.21) by deleting clause 415 on page 394;
(z.22) by deleting clause 416 on page 394;
(z.23) by deleting clause 417 on page 395;
(z.24) by deleting clause 418 on page 395;
(z.25) by deleting clause 419 on pages 395 and 396;
(z.26) by deleting clause 420 on page 396;
(z.27) by deleting clause 421 on page 396;
(z.28) by deleting clause 422 on page 396;
(z.29) by deleting clause 423 on pages 396 and 397;
(z.30) by deleting clause 424 on pages 397 to 399;
(z.31) by deleting clause 425 on pages 399 to 401;
(z.32) by deleting clause 426 on pages 401 to 404;
(z.33) by deleting clause 427 on page 404;
(z.34) by deleting clause 428 on pages 404 and 405;
(z.35) by deleting clause 429 on pages 405 to 409;
(z.36) by deleting clause 430 on page 409;
(z.37) by deleting clause 431 on pages 410 and 411;
(z.38) by deleting clause 432 on page 411;
(z.39) by deleting clause 433 on page 411;
(z.40) by deleting clause 434 on page 411;
(z.41) by deleting clause 435 on pages 411 and 412;
(z.42) by deleting clause 436 on pages 412 to 416;
(z.43) by deleting clause 437 on pages 416 to 418;
(z.44) by deleting clause 438 on page 418;
(z.45) by deleting clause 439 on pages 418 to 420;
(z.46) by deleting clause 440 on page 420;
(z.47) by deleting clause 441 on page 420;
(z.48) by deleting clause 442 on page 421;
(z.49) by deleting clause 443 on page 421;
(z.50) by deleting clause 444 on page 421;
(z.51) by deleting clause 445 on pages 421 and 422;
(z.52) by deleting clause 446 on page 422;
(z.53) by deleting clause 447 on pages 422 to 425;
(z.54) by deleting clause 448 on pages 425 and 426;
(z.55) by deleting clause 449 on page 426;
(z.56) by deleting clause 450 on page 426;
(z.57) by deleting clause 451 on page 427;
(z.58) by deleting clause 452 on pages 427 to 430;
(z.59) by deleting clause 453 on pages 430 to 434;
(z.60) by deleting clause 454 on pages 434 and 435;
(z.61) by deleting clause 455 on pages 436 and 437;
(z.62) by deleting clause 456 on page 437;
(z.63) by deleting clause 457 on pages 437 and 438;
(z.64) by deleting clause 458 on pages 438 and 439;
(z.65) by deleting clause 459 on page 439;
(z.66) by deleting clause 460 on pages 439 and 440;
(z.67) by deleting clause 461 on page 440;
(z.68) by deleting clause 462 on pages 440 to 442;
(z.69) by deleting clause 463 on page 442;
(z.70) by deleting clause 464 on page 442;
(z.71) by deleting clause 465 on page 442;
(z.72) by deleting clause 295 on page 281;
(z.73) by deleting clause 296 on page 281;
(z.74) by deleting clause 297 on pages 281 to 286;
(z.75) by deleting clause 298 on page 286; and
(z.76) by deleting clause 299 on page 286.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Atkins, Baker, Harb, McCoy, Murray—5
NAYS
The Honourable Senators
Andreychuk, Brazeau, Brown, Comeau, Di Nino, Dickson, Duffy, Eaton, Eyton, Fortin-Duplessis, Gerstein, Greene, Housakos, Johnson, Keon, Kinsella, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Nolin, Oliver, Raine, Segal, St. Germain , Stratton, Tkachuk, Wallace—33
ABSTENTIONS
The Honourable Senators
Adams, Carstairs, Cook, Corbin, Cowan, De Bané, Dyck, Eggleton, Fraser, Hubley, Jaffer, Lovelace Nicholas, Mercer, Mitchell, Munson, Peterson, Prud'homme, Ringuette, Stollery, Tardif, Zimmer—21
The question then being put on the motion of the Honourable Senator Di Nino, seconded by the Honourable Senator Stratton, for the third reading of Bill C-10, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Brazeau, Brown, Carstairs, Comeau, Corbin, Cowan, De Bané, Di Nino, Dickson, Duffy, Dyck, Eaton, Eggleton, Eyton, Fortin-Duplessis, Fraser, Gerstein, Greene, Housakos, Hubley, Jaffer, Johnson, Keon, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Martin, Meighen, Mercer, Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Nolin, Oliver, Peterson, Raine, Ringuette, Segal, St. Germain , Stratton, Tardif, Tkachuk, Wallace, Zimmer—50
NAYS
The Honourable Senators
Baker, Cook, Harb, Stollery—4
ABSTENTIONS
The Honourable Senators
Adams, Atkins, McCoy, Murray, Prud'homme—5
Accordingly, Bill C-10 was read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Ordered, That Inquiry No. 9 standing in the name of the Honourable Senator Harb on the Notice Paper be brought forward.
INQUIRIES
The Honourable Senator Harb called the attention of the Senate to the commercial seal hunt in Canada, especially matters concerning its negative and detrimental impact on Canada's reputation on the international scene.
Debate concluded.
MOTIONS
With leave of the Senate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Hubley:
That, notwithstanding any rules or usual practices, and without affecting any consideration or progress made by the Senate with respect to Bill C-10, the Budget Implementation Act, 2009, the following committees be separately authorized to examine and report on the following elements contained in that bill:
(a) The Standing Senate Committee on Energy, the Environment, and Natural Resources: those elements dealing with the Navigable Waters Protection Act (Part 7);
(b) The Standing Senate Committee on Banking, Trade, and Commerce: those elements dealing with the Competition Act (Part 12);
(c) The Standing Senate Committee on Human Rights: those elements dealing with equitable compensation (Part 11); and
(d) The Standing Senate Committee on National Finance: all other elements of the bill, in particular those dealing with employment insurance; and
That each committee present its final report no later than June 11, 2009.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Cowan:
That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and to report on issues relating to the federal government's current and evolving policy framework for managing Canada's fisheries and oceans;
That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the First Session of the Thirty-ninth Parliament be referred to the committee;
That the committee report from time to time to the Senate but no later than June 30, 2010, and that the Committee retain all powers necessary to publicize its findings until December 31, 2010.
The question being put on the motion, it was adopted.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
Ordered, That the sitting be suspended to reassemble at the call of the chair with a five minute bell.
(Accordingly, at 7:06 p.m., the sitting was suspended.)
At 7:41 p.m., the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 7:41 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
March 12, 2009
Mr. Speaker:
I have the honour to inform you that the Right Honourable Michaëlle Jean, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 12th day of March, 2009, at 7:20 p.m.
Yours sincerely,
Sheila-Marie Cook
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Thursday, March 12, 2009
An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and related fiscal measures (Bill C-10, Chapter 2, 2009)
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 Segal:
That when the Senate adjourns today, it do stand adjourned until Tuesday, March 24, 2009, at 2 p.m.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:44 p.m. the Senate was continued until Tuesday, March 24, 2009, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Mahovlich replaced the Honourable Senator Peterson (March 12, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Callbeck replaced the Honourable Senator Munson (March 12, 2009).
The Honourable Senator Munson replaced the Honourable Senator Callbeck (March 12, 2009).