Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 80
Thursday, December 10, 2009
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, *Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Seidman, Smith, St. Germain, Stewart Olsen, 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
Tributes
Tribute was paid to the Honourable Senator Milne, who will retire from the Senate on December 13, 2009.
Senators' Statements
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Human Rights, presented its fifth report (budget—study on Canada's national and international human rights obligations—power to hire staff and to travel).
(The report is printed as appendix "A'' at pages 1612-1619 (available in print format PDF).)
The Honourable Senator Andreychuk 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 Meighen, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented its fifth report (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, without amendment).
The Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson, that the bill be placed on the Orders of the Day for a third reading at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Rompkey, P.C., Chair of the Standing Senate Committee on Fisheries and Oceans, tabled its seventh report entitled: Controlling Canada's Arctic Waters: Role of the Canadian Coast Guard.—Sessional Paper No. 2/40-895S.
The Honourable Senator Rompkey, P.C., moved, seconded by the Honourable Senator Fox, 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 Mockler, Chair of the Standing Senate Committee on Agriculture and Forestry, presented its seventh report (budget—release of additional funds (study on the current state and future of Canada's forest sector)).
(The report is printed as appendix "B'' at pages 1620-1627 (available in print format PDF).)
The Honourable Senator Mockler moved, seconded by the Honourable Senator Seidman, 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, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its tenth report (International trip report by the Honourable Senator Dyck).—Sessional Paper No. 2/40-896S.
° ° °
The Honourable Senator Angus, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its fourteenth report (budget—release of additional funds (study on the energy sector)).
(The report is printed as appendix "C'' at pages 1628-1633 (available in print format PDF).)
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Wallin, 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 Mockler, Chair of the Standing Senate Committee on Agriculture and Forestry, tabled its eighth report (interim) entitled: The Canadian Forest Sector: Past, Present, Future.—Sessional Paper No. 2/40-897S.
The Honourable Senator Mockler moved, seconded by the Honourable Senator Duffy, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Oliver tabled the following:
Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Parliamentary Meeting on the Occasion of the 53rd Session of the Commission on the Status of Women, entitled The Role of Parliaments in Promoting Equal Sharing of Responsibilities between Women and Men, held in New York, United States, on March 4, 2009.—Sessional Paper No. 2/40-898.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third 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.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Johnson, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
° ° °
Third reading of Bill C-6, An Act respecting the safety of consumer products.
The Honourable Senator Martin moved, seconded by the Honourable Senator Lang, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Furey moved, seconded by the Honourable Senator Moore, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 2, on page 2, by replacing line 29 with the following:
"importation, packaging, storing for sale, advertising,'';
(b) in clause 20,
(i) on page 10, by replacing line 38 with the following:
"imported, packaged, stored for sale, advertised, sold,'', and
(ii) on page 11, by replacing line 41 with the following:
"packages, stores for sale, advertises, sells, labels, tests'';
(c) in clause 21,
(i) on page 12,
(A) by deleting lines 16 to 35, and
(B) by replacing lines 36 and 37 with the following:
"21. (1) If the inspector obtains a warrant authorizing entry into a place mentioned in subsection 20(1), the inspector may not use force in executing the warrant'', and
(ii) on page 13, by replacing lines 1 to 3 with the following:
"(2) If an inspector believes that it would not be practical to appear personally to make an application for a warrant referred to in subsection (1), a'';
(d) in clause 31, on page 15, by replacing line 22 with the following:
"packaging, storing for sale, advertising, selling, label-''; and
(e) in clause 36, on page 18,
(i) by replacing line 18 with the following:
"tion, packaging, storing for sale, sale, advertising,'', and
(ii) by replacing line 23 with the following:
"tion, packaging, storing for sale, sale, advertising,''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Banks moved, seconded by the Honourable Senator Day, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 15, on page 9,
(i) by replacing lines 12 and 13 with the following:
"15. (1) The Minister may disclose personal information related to a consumer product to a person or a government that'', and
(ii) by replacing lines 17 to 19 with the following:
"relates if
(a) the disclosure is necessary to identify or address a serious danger to human health or safety; and
(b) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.''; and
(b) in clause 56, on page 31, by replacing line 5 with the following:
"violation has a defence by reason''.
Debate.
Pursuant to rule 13(1), the Speaker left the Chair to resume the same at 8 p.m.
The sitting resumed.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-64, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010, 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 Demers, 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.
° ° °
A message was brought from the House of Commons with a Bill C-56, An Act to amend the Employment Insurance Act and to make consequential amendments to other Acts, 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 Mockler, 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.
GOVERNMENT BUSINESS
Bills
The Senate resumed debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Lang, for the third reading of Bill C-6, An Act respecting the safety of consumer products;
And on the motion in amendment of the Honourable Senator Furey, seconded by the Honourable Senator Moore, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 2, on page 2, by replacing line 29 with the following:
"importation, packaging, storing for sale, advertising,'';
(b) in clause 20,
(i) on page 10, by replacing line 38 with the following:
"imported, packaged, stored for sale, advertised, sold,'', and
(ii) on page 11, by replacing line 41 with the following:
"packages, stores for sale, advertises, sells, labels, tests'';
(c) in clause 21,
(i) on page 12,
(A) by deleting lines 16 to 35, and
(B) by replacing lines 36 and 37 with the following:
"21. (1) If the inspector obtains a warrant authorizing entry into a place mentioned in subsection 20(1), the inspector may not use force in executing the warrant'', and
(ii) on page 13, by replacing lines 1 to 3 with the following:
"(2) If an inspector believes that it would not be practical to appear personally to make an application for a warrant referred to in subsection (1), a'';
(d) in clause 31, on page 15, by replacing line 22 with the following:
"packaging, storing for sale, advertising, selling, label-''; and
(e) in clause 36, on page 18,
(i) by replacing line 18 with the following:
"tion, packaging, storing for sale, sale, advertising,'', and
(ii) by replacing line 23 with the following:
"tion, packaging, storing for sale, sale, advertising,'';
And on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 15, on page 9,
(i) by replacing lines 12 and 13 with the following:
"15. (1) The Minister may disclose personal information related to a consumer product to a person or a government that'', and
(ii) by replacing lines 17 to 19 with the following:
"relates if
(a) the disclosure is necessary to identify or address a serious danger to human health or safety; and
(b) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.''; and
(b) in clause 56, on page 31, by replacing line 5 with the following:
"violation has a defence by reason''.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Wallace, that debate on the motions in amendment 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, Brazeau, Carignan, Champagne, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Keon, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Raine, Rivard, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—38
NAYS
The Honourable Senators
Baker, Banks, Callbeck, Campbell, Carstairs, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fairbairn, Fox, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Lapointe, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Mercer, Milne, Mitchell, Moore, Munson, Pépin, Peterson, Poulin, Ringuette, Robichaud, Rompkey, Smith, Stollery, Tardif, Watt, Zimmer—44
ABSTENTIONS
The Honourable Senators
Rivest—1
The Senate resumed debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Lang, for the third reading of Bill C-6, An Act respecting the safety of consumer products;
And on the motion in amendment of the Honourable Senator Furey, seconded by the Honourable Senator Moore, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 2, on page 2, by replacing line 29 with the following:
"importation, packaging, storing for sale, advertising,'';
(b) in clause 20,
(i) on page 10, by replacing line 38 with the following:
"imported, packaged, stored for sale, advertised, sold,'', and
(ii) on page 11, by replacing line 41 with the following:
"packages, stores for sale, advertises, sells, labels, tests'';
(c) in clause 21,
(i) on page 12,
(A) by deleting lines 16 to 35, and
(B) by replacing lines 36 and 37 with the following:
"21. (1) If the inspector obtains a warrant authorizing entry into a place mentioned in subsection 20(1), the inspector may not use force in executing the warrant'', and
(ii) on page 13, by replacing lines 1 to 3 with the following:
"(2) If an inspector believes that it would not be practical to appear personally to make an application for a warrant referred to in subsection (1), a'';
(d) in clause 31, on page 15, by replacing line 22 with the following:
"packaging, storing for sale, advertising, selling, label-''; and
(e) in clause 36, on page 18,
(i) by replacing line 18 with the following:
"tion, packaging, storing for sale, sale, advertising,'', and
(ii) by replacing line 23 with the following:
"tion, packaging, storing for sale, sale, advertising,'';
And on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 15, on page 9,
(i) by replacing lines 12 and 13 with the following:
"15. (1) The Minister may disclose personal information related to a consumer product to a person or a government that'', and
(ii) by replacing lines 17 to 19 with the following:
"relates if
(a) the disclosure is necessary to identify or address a serious danger to human health or safety; and
(b) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.''; and
(b) in clause 56, on page 31, by replacing line 5 with the following:
"violation has a defence by reason''.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
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, Brazeau, Carignan, Champagne, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Keon, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Raine, Rivard, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—38
NAYS
The Honourable Senators
Baker, Banks, Callbeck, Campbell, Carstairs, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hubley, Jaffer, Joyal, Kenny, Lapointe, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Milne, Mitchell, Moore, Munson, Pépin, Peterson, Poulin, Ringuette, Robichaud, Rompkey, Smith, Stollery, Tardif, Watt—42
ABSTENTIONS
The Honourable Senators
Rivest—1
The Senate resumed debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Lang, for the third reading of Bill C-6, An Act respecting the safety of consumer products;
And on the motion in amendment of the Honourable Senator Furey, seconded by the Honourable Senator Moore, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 2, on page 2, by replacing line 29 with the following:
"importation, packaging, storing for sale, advertising,'';
(b) in clause 20,
(i) on page 10, by replacing line 38 with the following:
"imported, packaged, stored for sale, advertised, sold,'', and
(ii) on page 11, by replacing line 41 with the following:
"packages, stores for sale, advertises, sells, labels, tests'';
(c) in clause 21,
(i) on page 12,
(A) by deleting lines 16 to 35, and
(B) by replacing lines 36 and 37 with the following:
"21. (1) If the inspector obtains a warrant authorizing entry into a place mentioned in subsection 20(1), the inspector may not use force in executing the warrant'', and
(ii) on page 13, by replacing lines 1 to 3 with the following:
"(2) If an inspector believes that it would not be practical to appear personally to make an application for a warrant referred to in subsection (1), a'';
(d) in clause 31, on page 15, by replacing line 22 with the following:
"packaging, storing for sale, advertising, selling, label-''; and
(e) in clause 36, on page 18,
(i) by replacing line 18 with the following:
"tion, packaging, storing for sale, sale, advertising,'', and
(ii) by replacing line 23 with the following:
"tion, packaging, storing for sale, sale, advertising,'';
And on the motion in amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that Bill C-6 be not now read a third time but that it be amended:
(a) in clause 15, on page 9,
(i) by replacing lines 12 and 13 with the following:
"15. (1) The Minister may disclose personal information related to a consumer product to a person or a government that'', and
(ii) by replacing lines 17 to 19 with the following:
"relates if
(a) the disclosure is necessary to identify or address a serious danger to human health or safety; and
(b) the person to whom or government to which the information may be disclosed agrees in writing to maintain the confidentiality of the information and to use it only for the purpose of carrying out those functions.
(2) The Minister shall provide prior notice of the intended disclosure to the individual to whom the personal information relates unless doing so would endanger human health or safety.
(3) If the Minister discloses personal information under subsection (1) without providing prior notice, he or she shall, as soon as practicable but not later than six months after the disclosure, notify the individual to whom the personal information relates.''; and
(b) in clause 56, on page 31, by replacing line 5 with the following:
"violation has a defence by reason''.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that further debate on the motions in amendment be adjourned until the next sitting.
A point of order was raised with respect to the right of a Senator to speak more than once.
After debate,
The Speaker reserved his decision.
° ° °
Third reading of Bill C-15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, as amended.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Eaton, that the bill, as amended, be read the third time.
After debate,
The Honourable Senator McCoy moved, seconded by the Honourable Senator Campbell:
That the original question be now put.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Brazeau, Carignan, Champagne, Comeau, Demers, Di Nino, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Keon, Lang, LeBreton, MacDonald, Manning, Martin, Meighen, Mockler, Murray, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Raine, Rivard, Segal, Seidman, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—39
NAYS
The Honourable Senators
Callbeck, Campbell, Cowan, Dallaire, Dawson, Lapointe, Mercer, Moore, Munson, Tardif—10
ABSTENTIONS
The Honourable Senators
Rivest—1
At 12:12 a.m., pursuant to rule 66(6), the Senate adjourned until 9 a.m. later this day.
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Greene replaced the Honourable Senator Johnson (December 10, 2009).
The Honourable Senator Johnson replaced the Honourable Senator Greene (December 10, 2009).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Banks replaced the Honourable Senator Hervieux-Payette, P.C. (December 9, 2009).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dawson replaced the Honourable Senator Munson (December 9, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Lang replaced the Honourable Senator Angus (December 10, 2009).
The Honourable Senator Rivard replaced the Honourable Senator Carignan (December 10, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Chaput replaced the Honourable Senator Carstairs, P.C. (December 10, 2009).
The Honourable Senator Neufeld replaced the Honourable Senator Stratton (December 9, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Zimmer replaced the Honourable Senator Downe (December 10, 2009).
The Honourable Senator Day replaced the Honourable Senator Dallaire (December 10, 2009).