Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
(Unrevised)
1st Session, 41st Parliament
Issue 6
Tuesday, June 14, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Seidman, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Seidman, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Zimmer
PRAYERS
INTRODUCTION OF SENATORS
The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that the Honourable Josée Verner, P.C., had been summoned to the Senate.
The Honourable Speaker informed the Senate that there was a Senator without waiting to be introduced.
The Honourable Senator Verner, P.C., was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Fortin-Duplessis, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:
CANADA
David Johnston
(G.S.)
Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.
TO
Our Trusty and Well-beloved,
JOSÉE VERNER
of Saint-Augustin-de-Desmaures, in the Province of Quebec,
GREETING:
KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the Division of Montarville in Our Province of Quebec, effective the thirteenth day of June in the year of Our Lord two thousand and eleven.
AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.
IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.
WITNESS:
Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this thirteenth day of June in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign.
BY COMMAND,
CHRISTIAN PARADIS
Registrar General of Canada
The Honourable Senator Verner, P.C., came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.
The Honourable the Speaker informed the Senate that the Honourable Senator Verner, P.C., had made and subscribed the Declaration of Property Qualification required of her by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable the Speaker tabled the following:
Annual Report of the Office of the Public Sector Integrity Commissioner for the fiscal year ending March 31, 2011, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, s. 38.—Sessional Paper No. 1/41-59.
° ° °
The Honourable Senator Carignan tabled the following:
Reports on Plans and Priorities, Main Estimates, 2011-2012:
Agriculture and Agri-Food Canada
Assisted Human Reproduction Canada
Atlantic Canada Opportunities Agency
Canada Border Services Agency
Canada Industrial Relations Board
Canada Revenue Agency
Canada School of Public Service
Canadian Artists and Producers Professional Relations Tribunal
Canadian Centre for Occupational Health and Safety
Canadian Environmental Assessment Agency
Canadian Food Inspection Agency
Canadian Forces Grievance Board
Canadian Grain Commission
Canadian Heritage
Canadian Human Rights Commission
Canadian Human Rights Tribunal
Canadian Institutes of Health Research
Canadian Intergovernmental Conference Secretariat
Canadian International Development Agency
Canadian International Trade Tribunal
Canadian Northern Economic Development Agency
Canadian Nuclear Safety Commission
Canadian Radio-television and Telecommunications Commission
Canadian Space Agency
Canadian Transportation Agency
Citizenship and Immigration Canada
Commission for Public Complaints Against the RCMP
Copyright Board of Canada
Correctional Service Canada
Courts Administration Service
Department of Finance Canada
Foreign Affairs and International Trade Canada
Department of Justice Canada
Economic Development Agency of Canada for the Regions of Quebec
Environment Canada
Federal Economic Development Agency for Southern Ontario
Financial Transactions and Reports Analysis Centre of Canada
Fisheries and Oceans Canada
Hazardous Materials Information Review Commission Canada
Health Canada
Human Resources and Skills Development Canada
Immigration and Refugee Board of Canada
Indian and Northern Affairs Canada and Canadian Polar Commission
Indian Residential Schools Truth and Reconciliation Commission
Industry Canada
Infrastructure Canada
Library and Archives Canada
Military Police Complaints Commission of Canada
National Defence
National Energy Board
National Film Board
Parole Board of Canada
National Research Council Canada
National Round Table on the Environment and the Economy
Natural Resources Canada
Natural Sciences and Engineering Research Council of Canada
Northern Pipeline Agency Canada
Office of the Auditor General of Canada
Office of the Chief Electoral Officer
Office of the Commissioner for Federal Judicial Affairs
Office of the Commissioner of Lobbying of Canada
Office of the Commissioner of Official Languages
Office of the Communications Security Establishment Commissioner
Offices of the Information and Privacy Commissioners of Canada
Office of the Superintendent of Financial Institutions
Parks Canada
Patented Medicine Prices Review Board Canada
Privy Council Office and Public Appointments Commission Secretariat
Public Health Agency of Canada
Public Prosecution Service of Canada
Public Safety Canada
Public Sector Integrity Canada
Public Servants Disclosure Protection Tribunal Canada
Public Service Commission of Canada
Public Service Labour Relations Board
Public Service Staffing Tribunal
Public Works and Government Services Canada
RCMP External Review Committee
Registry of the Competition Tribunal
Registry of the Specific Claims Tribunal
Royal Canadian Mounted Police
Security Intelligence Review Committee
Social Sciences and Humanities Research Council
Statistics Canada
Status of Women Canada
Supreme Court of Canada
The Correctional Investigator Canada
The National Battlefields Commission
Transport Canada
Transportation Appeal Tribunal of Canada
Transportation Safety Board of Canada
Treasury Board of Canada Secretariat
Veterans Affairs Canada
Veterans Review and Appeal Board
Western Economic Diversification Canada.—Sessional Paper No. 1/41-60.
Document entitled Canadian Security Intelligence Service: Public Report for the fiscal year ending March 31, 2010. —Sessional Paper No.1/41-61.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Dawson tabled the following (Sessional Paper No. 1/41-62S):
Tuesday, June 14, 2011
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 Third Session of the Fortieth Parliament are as follows:
1. With respect to its studies of legislation:
Professional and Other Services: $ — Transport and Communications: — Other Expenditures: — Witness Expenses: 2,386 TOTAL: $ 2,386
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: $ 15, 930 Transport and Communications: — Other Expenditures: 236 Witness Expenses: — TOTAL: $ 16,166
3. With respect to its study on emerging issues related to the Canadian airline industry:
Professional and Other Services: $ — Transport and Communications: 108 Other Expenditures: — Witness Expenses: 2,260 TOTAL: $ 2,368
In addition to the expenses for the examination of its special studies as set out above, the committee also incurred general postal charges in the amount of $35.
During this session, your committee received 7 orders of reference, held 30 meetings, heard more than 35 hours of testimony from 65 witnesses and submitted 7 reports in relation to its work.
In addition to hearing witnesses in Ottawa, members of the committee conducted fact-finding visit to the Ottawa International Airport.
Your committee also dealt with five Bills:
Bill C-42, an Act to amend the Aeronautics Act (reported without amendment on March 10, 2011), Bill C-28, 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 (reported without amendment on December 14, 2010), Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999 (reported without amendment on June 3, 2010); and Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman) (did not report before the end of the session).
Respectfully submitted,
DENNIS DAWSON
Chair
° ° °
The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its first report (Reports submitted pursuant to the International Travel Guidelines).—Sessional Paper No. 1/41-63S.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Harb presented a Bill S-202, An Act to establish and maintain a national registry of medical devices.
The bill was read the first time.
The Honourable Senator Harb moved, seconded by the Honourable Senator Dyck, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
INQUIRIES
The Honourable Senator Lang called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Carignan concerning the budget entitled, A Low-Tax Plan for Jobs and Growth, tabled in the House of Commons on June 6, 2011, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on June 7, 2011.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Fortin-Duplessis called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Carignan concerning the deplorable use of violence by the Libyan regime against the Libyan people as well as the actions the Canadian Government is undertaking alongside our allies, partners and the United Nations, in order to promote and support United Nations Security Council Resolution 1973.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Mercer, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino:
That the following Address be presented to His Excellency the Governor General of Canada:
To His Excellency the Right Honourable David Johnston, 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 Tardif moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Mockler:
That, during the remainder of the month of June 2011,
(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);
(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned; and
(c) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:
That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Plett:
That, in accordance with rule 74(1), the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine the subject-matter of Bill C-2, An Act to amend the Criminal Code (mega-trials), introduced in the House of Commons on June 13, 2011, in advance of the said bill coming before the Senate.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Wallace:
That, in accordance with rule 74(1), the Standing Senate Committee on National Finance be authorized to examine the subject-matter of Bill C-3, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011, introduced in the House of Commons on June 14, 2011, in advance of the said bill coming before the Senate.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Second reading of Bill S-201, An Act respecting a National Philanthropy Day.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Jaffer, that the bill be read the second time.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Private Bills
Order No. 1 was called and postponed until the next sitting.
MOTIONS
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Oliver:
That for the remainder of the current session, all select and joint committees be authorized to permit coverage by electronic media of their public proceedings with the least possible disruption of their hearings.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Ataullahjan:
That, pursuant to section 1(2) of chapter 3:06 of the Senate Administrative Rules, all select committees have power, for the remainder of the current session, to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of their examination and consideration of such bills, subject-matters of bills and estimates as are referred to them.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2011, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 1/41-50.
Report of the Governor of the Bank of Canada and Statement of Accounts, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/41-51.
Report of the Military Police Complaints Commission for the year 2010, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17. —Sessional Paper No. 1/41-52.
Report of the Canadian Forces Grievance Board for the year 2010, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2). —Sessional Paper No. 1/41-53.
Actuarial Report on the Benefit Plan financed through the Royal Canadian Mounted Police (Dependants) Pension Fund for the period of April 1, 2007 to March 31, 2010, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3). —Sessional Paper No. 1/41-54.
Report of Farm Credit Canada for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-55.
Summaries of the Corporate Plan for the period 2011-2012 to 2015-2016 and of the Operating and Capital Budgets and Borrowing Plan for 2011-2012 of Farm Credit Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-56.
Report of the National Arts Centre, together with the Auditor General's Report, for the fiscal year ended August 31, 2010, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).—Sessional Paper No. 1/41-57.
Report of the National Film Board, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2). —Sessional Paper No. 1/41-58.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Ataullahjan:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:31 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 Agriculture and Forestry
The Honourable Senator Stewart Olsen replaced the Honourable Senator Eaton (June 14, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Martin replaced the Honourable Senator Dickson (June 14, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Stewart Olsen replaced the Honourable Senator Wallin (June 14, 2011).
The Honourable Senator Stratton replaced the Honourable Senator Nolin (June 13, 2011).
The Honourable Senator Ataullahjan replaced the Honourable Senator Finley (June 13, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Wallin replaced the Honourable Senator Di Nino (June 13, 2011).
The Honourable Senator Duffy replaced the Honourable Senator Marshall (June 13, 2011).
The Honourable Senator Mockler replaced the Honourable Senator Comeau (June 13, 2011).
The Honourable Senator Campbell replaced the Honourable Senator Mitchell (June 9, 2011).
The Honourable Senator Poulin replaced the Honourable Senator Dawson (June 9, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Rivard replaced the Honourable Senator Dickson (June 14, 2010).
The Honourable Senator Oliver replaced the Honourable Senator Finley (June 13, 2011).
Committee of Selection
The Honourable Senator Carstairs, P.C. replaced the Honourable Senator Jaffer (June 9, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Manning replaced the Honourable Senator Marshall (June 13, 2011).
The Honourable Senator Plett replaced the Honourable Senator Frum (June 13, 2011).