Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 72
Tuesday, November 24, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Manning, Martin, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Poy, Prud'homme, Raine, Ringuette, Rivest, Robichaud, Rompkey, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, *Mahovlich, Manning, Martin, McCoy, Meighen, Mercer, Merchant, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, *Plett, Poy, Prud'homme, Raine, Ringuette, *Rivard, Rivest, Robichaud, Rompkey, Segal, Seidman, Sibbeston, Smith, St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt
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
Tributes
Tribute was paid to the Honourable John Bryden, who resigned from the Senate on October 31, 2009.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Tkachuk tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting the Annual Co- Chairs' visit to Tokyo, Japan, from April 4 to 10, 2009.—Sessional Paper No. 2/40-867.
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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 50th Annual Meeting, held in La Malbaie, Quebec, from May 15 to 18, 2009.—Sessional Paper No. 2/40-868.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Legislative Summit of the National Conference of State Legislatures, held in Philadelphia, United States, from July 20 to 24, 2009.—Sessional Paper No. 2/40-869.
Notices of Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That a photographer be authorized in the Senate Chamber on Wednesday, November 25, 2009, during tributes for the Honourable Senator Prud'homme, P.C., on the occasion of his retirement from the Senate, with the least possible disruption of the proceedings.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Gerstein, seconded by the Honourable Senator Eaton, for the second reading of Bill C-51, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and to implement other measures.
After debate,
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Second reading of Bill S-8, An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.
The Honourable Senator Greene moved, seconded by the Honourable Senator Manning, that the bill be read the second time.
After debate,
The Honourable Senator Moore 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.
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Orders No. 3 to 5 were called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 7 were called and postponed until the next sitting.
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Second reading of Bill S-243, An Act to establish and maintain a national registry of medical devices.
The Honourable Senator Harb moved, seconded by the Honourable Senator Peterson, that the bill be read the second time.
After debate,
The Honourable Senator Comeau, for the Honourable Senator Keon, moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 9 to 17 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-213, An Act to amend the Income Tax Act (carbon offset tax credit).
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 19 and 20 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Bacon, for the second reading of Bill S-218, An Act to amend the Parliamentary Employment and Staff Relations Act.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Segal, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Resuming debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Wallace, for the second reading of Bill S-206, An Act respecting the office of the Commissioner of the Environment and Sustainable Development.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Order No. 23 was called and postponed until the next sitting.
Commons Public Bills
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 67, 51 (motions), 10 (inquiry), 25, 8, 98 (motions), 21 (inquiry), 42, 93, 94, 9, 7 (motions), 1, 27 (inquiries), 58 and 73 (motions) were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Tkachuk:
That the Senate refer to the Standing Committee on Rules, Procedures and the Rights of Parliament the issue of developing a systematic process for the application of the Charter of Rights and Freedoms as it applies to the Senate of Canada.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 2 (inquiry), 68 and 10 (motions) were called and postponed until the next sitting.
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Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the inability of Canadians in rural and remote regions to receive timely access to emergency passport services.
Debate concluded.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces as at March 31, 2008, and certification of assets of the Pension Plan, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 2/40-864.
Actuarial Report (including cost certificate) on the Pension Plan for the Public Service of Canada, as at March 31, 2008, and certification of assets of the Pension Plan, pursuant to the Public Pension Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1). —Sessional Paper No. 2/40-865.
Actuarial Report (including certification of assets) on the Regular Force Death Benefit Account as at March 31, 2008, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 71(1).—Sessional Paper No. 2/40- 866.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Prud'homme, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:40 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 Banking, Trade and Commerce
The Honourable Senator Massicotte replaced the Honourable Senator Mahovlich (November 19, 2009).
Standing Senate Committee on Human Rights
The Honourable Senator Peterson replaced the Honourable Senator Dallaire (November 19, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Wallin replaced the Honourable Senator Gerstein (November 23, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Meighen replaced the Honourable Senator Lang (November 24, 2009).
The Honourable Senator Lang replaced the Honourable Senator Meighen (November 23, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Zimmer (November 23, 2009).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Moore replaced the Honourable Senator Harb (November 19, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Dyck replaced the Honourable Senator Downe (November 19, 2009).
The Honourable Senator Pépin replaced the Honourable Senator Hubley (November 19, 2009).
Standing Senate Committee on Transport and Communications
The Honourable Senator Mercer replaced the Honourable Senator Jaffer (November 19, 2009).