59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 3

Tuesday, March 9, 2010
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, 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, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, *Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, 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

The Senate observed a minute of silence in memory of all those who died in the tragic earthquake that hit Haiti on January 12, 2010, including those Canadians who died.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Comeau tabled the following:

(1) ''Budget 2010—Leading the Way on Jobs and Growth'';

(2) ''The Budget Speech 2010''; and

(3) ''The Budget in Brief 2010''.—Sessional Paper No. 3/40-20.

Annual Report of the Aboriginal Healing Foundation for the year 2009.—Sessional Paper No. 3/40-21.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Dawson tabled the following (Sessional Paper No. 3/40-22S):

Tuesday, March 9, 2010

The Standing Senate Committee on Transport and Communications 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 legislation and other matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred by the committee during the Second Session of the Fortieth Parliament are as follows:

1. With respect to its consideration of estimates and legislation:

Professional and Other Services	$ 319
Transport and Communications	—
Other Expenditures	—
Witness Expenses	567
TOTAL	$ 886

2. With respect to its study on emerging issues related to its communications mandate and to report on the wireless sector, including issues such as access to high-speed Internet, the supply of bandwidth, the nation-building role of wireless, the pace of the adoption of innovations, the financial aspects associated with possible changes to the sector, and Canada's development of the sector in comparison to the performance in other countries:

Professional and Other Services	$ 8,807
Transport and Communications	156,071
Other Expenditures	141
Witness Expenses	1,401
TOTAL	$ 166,420

In addition to the expenses for the examination of legislation and for its special study as set out above, the committee also incurred general postal charges in the amount of $91.

During this session, your committee received 7 orders of reference, held 26 meetings, heard more than 33 hours of testimony from 68 witnesses and submitted 6 reports in relation to its work.

In addition to hearing witnesses in Ottawa, members of the committee conducted fact-finding visits to Paris, London, Tallinn and Brussels.

Your committee also dealt with five Bills: Bill C-9, An Act to amend the Transportation of Dangerous Goods Act, 1992 (reported with amendment on May 7, 2009); Bill C-3, An Act to amend the Arctic Waters Pollution Prevention Act (reported without amendment on May 28, 2009); Bill C-7, An Act to amend the Marine Liability Act and the Federal Courts Act and to make consequential amendments to other Acts (reported without amendment on June 18, 2009); Bill S-220, An Act respecting commercial electronic messages (did not report before the end of the session); and Bill C-27, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio- television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (did not report before the end of the session).

Respectfully submitted,

DENNIS DAWSON

Chair

Introduction and First Reading of Senate Public Bills

The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-204, An Act to amend the Criminal Code (protection of children).

The bill was read the first time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Carstairs, P.C., 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 Hervieux-Payette, P.C., presented a Bill S-205, An Act to provide the means to rationalize the governance of Canadian businesses during the period of national emergency resulting from the global financial crisis that is undermining Canada's economic stability.

The bill was read the first time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Pépin, 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 Hervieux-Payette, P.C., presented a Bill S-206, An Act to establish gender parity on the board of directors of certain corporations, financial institutions and parent Crown corporations.

The bill was read the first time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Pépin, 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-207, An Act to amend the Fisheries Act (commercial seal fishing).

The bill was read the first time.

The Honourable Senator Harb moved, seconded by the Honourable Senator Murray, P.C., 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 negatived on division.

°    °    °

The Honourable Senator Day presented a Bill S-208, An Act to amend the Conflict of Interest Act (gifts).

The bill was read the first time.

The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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 Wallin presented a Bill S-209, An Act respecting a national day of service to honour the courage and sacrifice of Canadians in the face of terrorism, particularly the events of September 11, 2001.

The bill was read the first time.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Martin, 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 Banks presented a Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament).

The bill was read the first time.

The Honourable Senator Banks moved, seconded by the Honourable Senator Moore, that the bill be placed on the Orders of the Day for a second reading one week hence.

The question being put on the motion, it was adopted.

Presentation of Petitions

The Honourable Senator Plett presented petitions:

Of Residents of Canada concerning Bill C-268.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

Resuming debate on the motion Honourable Senator Poirier, seconded by the Honourable Senator Runciman:

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 Cowan moved, seconded by the Honourable Senator Tardif, 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 Di Nino:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in Supplementary Estimates (C) for the fiscal year ending March 31, 2010.

The question being put on the motion, it was adopted.

°    °    °

The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Main Estimates for the fiscal year ending March 31, 2011, 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 Main Estimates for the fiscal year ending March 31, 2011; 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 3 were called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Order No. 1 was called and postponed until the next sitting.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 3/40-13.

Annual Report of the Canada Millennium Scholarship Foundation, together with the Auditors' Report, for the year 2008, pursuant to the Budget Implementation Act, S.C. 1998, c. 21, sbs. 38(2).—Sessional Paper No. 3/40-14.

Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2007, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 3/40-15.

Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2008, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 3/40-16.

Report on the administration of the Species at Risk Act for the year 2008, pursuant to the Act, S.C. 2002, c. 29, sbs. 126. —Sessional Paper No. 3/40-17.

Order Amending Schedule 2 to the Canada National Parks Act together with a Report to Parliament ¼ Gulf Islands National Park Reserve of Canada, pursuant to the Act, S.C. 2000, c. 32, s. 7(1).—Sessional Paper No. 3/40-18.

Report on human resources management in the Public Service of Canada for the fiscal year ended March 31, 2008, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 12.4(1) and to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 ''28'' and 13.—Sessional Paper No. 3/40-19.

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 3:29 p.m. the Senate was continued until 2 p.m. tomorrow.)

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Human Rights

The Honourable Senator Zimmer replaced the Honourable Senator Dallaire (March 8, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Dallaire replaced the Honourable Senator Zimmer (March 8, 2010).

Standing Senate Committee on Transport and Communications

The Honourable Senator Fox, P.C., replaced the Honourable Senator Pépin (March 9, 2010).

The Honourable Senator Pépin replaced the Honourable Senator Fox, P.C. (March 8, 2010).