Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 9
Tuesday, June 21, 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, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, 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, Sibbeston, 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, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, 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, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, 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 Pépin, who will retire from the Senate on September 7, 2011.
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 Privacy Commissioner of Canada on the Personal Information Protection and Electronic Documents Act, for the year 2010, pursuant to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, sbs. 25(1).—Sessional Paper No. 1/41-121.
The Honourable Senator Carignan tabled the following:
Report of the Transportation Safety Board of Canada for the fiscal year ended March 31, 2011, pursuant to the Canadian Transportation Accident Investigation and Safety Board Act, S.C. 1989, c. 3, sbs. 13(3).—Sessional Paper No. 1/41-122.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Wallin tabled the following (Sessional Paper No. 1/41-123S):
Tuesday, June 21, 2011
The Standing Senate Committee on National Security and Defence 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 matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred for that purpose 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 1,539
TOTAL $ 1,539
During the session your committee met for 7.2 hours and heard from 22 witnesses. It examined and reported on two bills: Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America; and Bill C-55, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act and the Pension Act.
2. With respect to its special study on the national security and defence policies of Canada (authorized by the Senate on Wednesday, March 17, 2010):
Professional and Other Services $ 12,150
Transport and Communications 56,649
Other Expenditures 14
Witness Expenses 8,124
TOTAL $ 79,938
During this study, your committee met for 43.6 hours meeting and heard from 59 persons during public hearings held in Ottawa. In addition to hearings in Ottawa, your committee also spent 30.5 hours meeting 301 persons while on fact-finding missions to CFB Edmonton and Washington D.C.
3. With respect to its study on the motion to change the official structural name of the Canadian navy (authorized by the Senate on Tuesday, October 5, 2010):
Professional and Other Services $ —
Transport and Communications —
Other Expenditures —
Witness Expenses 3,857
TOTAL $ 3,857
During this study, your committee met for 6.2 hours and heard from 8 persons during public hearings held in Ottawa.
During the past session your committee also produced 3 reports.
4. With respect to its special study on the services and benefits provided to veterans and their families (authorized by the Senate on Tuesday, March 30, 2010):
Professional and Other Services $ —
Transport and Communications —
Other Expenditures —
Witness Expenses 2,869
TOTAL $ 2,869
This order of reference was delegated to the Subcommittee on Veterans Affairs on Monday, April 12, 2010. During this study the subcommittee met for 24.3 hours and heard from 43 witnesses during public hearings held in Ottawa.
In addition to the expenses for the examination of legislation and for its special studies as set out above, your committee also incurred general postal charges in the amount of $36.
Respectfully submitted,
PAMELA WALLIN
Chair
The Honourable Senator Chaput tabled the following (Sessional Paper No. 1/41-124S):
Tuesday, June 21, 2011
The Standing Senate Committee on Official Languages 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:
With respect to its special study on the application of the Official Languages Act:
Transportation and Communications $ 41,560
Professional and Other Services 713
All Other Expenditures 28,905
Witness Expenses 2,976
TOTAL $ 74,154
In addition to the expenses for its special study as set out above, the committee also incurred general postal charges in the amount of $12.
During this session, the committee considered one order of reference, held 34 meetings and heard more than 59 hours of testimony from 114 witnesses. In total, the committee produced 4 reports. In addition to hearings in Ottawa, the committee conducted fact-finding work and held public hearings in Quebec in the cities of Quebec City, Sherbrooke and Montreal.
Respectfully submitted,
MARIA CHAPUT
Chair
Introduction and First Reading of Senate Public Bills
The Honourable Senator Hervieux-Payette, P.C., presented a Bill S-203, An Act to modernize the composition of the boards of directors of certain corporations, financial institutions and parent Crown corporations, and in particular to ensure the balanced representation of women and men on those boards.
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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canada-Japan Inter-Parliamentary Group and of the Canada-China Legislative Association respecting its participation at the 30th General Assembly of the ASEAN Inter-Parliamentary Organization, held in Pattaya City, Chonburi, Thailand, from August 2 to 8, 2009.—Sessional Paper No. 1/41-125.
Report of the Canada-China Legislative Association respecting the Annual Co-Chairs' visit to Beijing, Xining, Lhasa and Chengdu, China, from April 1 to 11, 2010.—Sessional Paper No. 1/41-126.
Report of the Canadian Delegation of the Canada-China Legislative Association respecting its participation at the 13th Bilateral Meeting, held in Beijing, Tianjin, Nanjing, Changshu and Shanghai, China, from September 9 to 19, 2010.—Sessional Paper No. 1/41-127.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group and of the Canada-China Legislative Association respecting its participation at the 31st General Assembly of the ASEAN Inter-Parliamentary Organization, held in Hanoi, Vietnam, from September 19 to 25, 2010.—Sessional Paper No. 1/41-128.
Report of the Canada-China Legislative Association respecting the Annual Co-Chairs' visit to Beijing, Chongquing, Dali and Kunming, China, from March 11 to 19, 2011.—Sessional Paper No. 1/41-129.
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group and of the Canada-China Legislative Association respecting its participation at the 17th Annual Meeting of the Asia Pacific Parliamentary Forum, held in Vientiane, Laos, from January 11 to 15, 2009.—Sessional Paper No. 1/41-130.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Private Bills
Second reading of Bill S-1001, An Act respecting Queen's University at Kingston.
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Dallaire, 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 Murray, P.C., moved, seconded by the Honourable Senator Dallaire, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Other
Order No. 2 (inquiry) was called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Jaffer called the attention of the Senate to the deteriorating human rights situation of the Baha'i people in Iran.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Di Nino, 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 Carstairs, P.C., called the attention of the Senate to the alarming number of aboriginal children in care in the Province of Manitoba and her concerns that the group think that brought about the residential schools and the sixties scoop may be at play again.
After debate,
The Honourable Senator Plett moved, seconded by the Honourable Senator Comeau, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Carignan, for the Honourable Senator Andreychuk, moved, seconded by the Honourable Senator Meighen:
That the Standing Senate Committee on Foreign Affairs and International Trade, in accordance with Rule 86(1)(f), be authorized to examine such issues as may arise from time to time relating to foreign relations and international trade generally; and
That the committee report to the Senate no later than March 31, 2013.
The question being put on the motion, it was adopted.
The Honourable Senator Carignan, for the Honourable Senator Andreychuk, moved, seconded by the Honourable Senator Marshall:
That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on the political and economic developments in Brazil and the implications for Canadian policy and interests in the region, and other related matters.
That the papers and evidence received and taken on the subject during the Third session of the Fortieth Parliament and any other relevant Parliamentary papers and evidence on the said subject be referred to the Committee; and
That the committee submit its final report to the Senate no later than December 31, 2012 and that the committee retain all powers necessary to publicize its findings until March 31, 2013.
The question being put on the motion, it was adopted.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Stratton:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to examine and report upon the present state of the domestic and international financial system; and
That the committee submit its final report no later than December 31, 2012, and that the committee retain until March 31, 2013, all powers necessary to publicize its findings.
The question being put on the motion, it was adopted.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Patterson:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the accessibility of post-secondary education in Canada, including but not limited to:
(a) analysis of the current barriers in post-secondary education, such as geography, family income levels, means of financing for students, debt levels and challenges faced specifically by Aboriginal students;
(b) evaluation of the current mechanisms for students to fund post-secondary education, such as Canada Student Loans Program, Canada Student Grants Program, Canada Access Grants, funding for Aboriginal students, Canada Learning Bonds, and Registered Education Savings Plans;
(c) evaluation of the current mechanisms to fund scientific research and development in post-secondary and related institutions and the commercialization of such research;
(d) examination of the current federal/provincial transfer mechanism for post-secondary education;
(e) evaluation of the potential establishment of a dedicated transfer for post-secondary education; and
(f) any other matters related to the study;
That the papers and evidence received and taken and work accomplished by the committee on this subject during the Fortieth Parliament be referred to the committee; and
That the committee submit its final report no later than December 31, 2011, and that the committee retain until June 30, 2012, all powers necessary to publicize its findings.
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 Cochrane:
That the sitting be suspended to reassemble at the call of the Chair, with a fifteen minute bell;
That committees scheduled to meet today have power to meet at and during the suspension, with the application of rule 95(4) being suspended in relation thereto;
That the application of rule 13(1) be suspended today; and
That, when the sitting resumes, it be either for the purpose of adjournment or to receive any messages from the House of Commons.
After debate,
With leave of the Senate and pursuant to Rule 30, the motion was withdrawn.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-3, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen, that the bill be placed on the Orders of the Day for a second reading at the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Patented Medicine Prices Review Board for the year ended December 31, 2010, pursuant to the Patent Act, R.S.C., 1985, c. P-4, sbs. 89(4) and 100(4).—Sessional Paper No. 1/41-92
Report of the Roosevelt Campobello International Park Commission, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964- 65, c. 19, s. 7. —Sessional Paper No. 1/41-93.
Report on the Readiness of First Nations Communities and Organizations to Comply with the Canadian Human Rights Act dated June 2011, pursuant to the Act to amend the Canadian Human Rights Act, S.C. 2008, c. 30, s. 4.—Sessional Paper No. 1/41-94.
Reports of the Yukon Surface Rights Board for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-95.
Progress Report for the Federal Sustainable Development Strategy for the period of 2010-2013, pursuant to the Federal Sustainable Development Act, S.C. 2008, c. 33, sbs. 7(2). —Sessional Paper No. 1/41-96.
Report of the Atlantic Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-97.
Report of the Great Lakes Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8. —Sessional Paper No. 1/41-98.
Report of the Laurentian Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-99.
Report of the Canadian Transportation Agency for the fiscal year ended March 31, 2011, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 42(3).—Sessional Paper No. 1/41-100.
Report of the Atlantic Pilotage Authority, together with the Auditor General's Report, for the year 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-101.
Report of the Laurentian Pilotage Authority, together with the Auditor General's Report, for the year 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-102.
Report of the Great Lakes Pilotage Authority, together with the Auditor General's Report, for the year ended December 31, 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-103.
Report of the Pacific Pilotage Authority, together with the Auditor General's Report, for the year 2010, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-104.
Report of VIA Rail Canada Inc. for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-105.
Report of the Federal Bridge Corporation Limited for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-106.
Report of the Pacific Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-107.
Reports of The Seaway International Bridge Corporation Ltd. for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/ 41-108.
Reports of the Atlantic Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-109.
Reports of the Great Lakes Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-110.
Reports of the Laurentian Pilotage Authority for the year ended December 31, 2010, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-111.
Reports of the Pacific Pilotage Authority for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-112.
Reports of The Federal Bridge Corporation Limited for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41- 113.
Reports of VIA Rail Canada Inc. for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-114.
Reports of Marine Atlantic Inc. for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-115.
Reports of the St. Mary's River Bridge Company for the fiscal year ended March 31, 2011, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-116.
Interim Order No. 7 Respecting Private Operators (JUS-81100-2-109-6), dated June 17, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6). —Sessional Paper No. 1/41-117.
Report on the administration of the Canada Petroleum Resources Act for the year 2010, pursuant to the Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 1/41-118.
Triennial Report of the Nuclear Waste Management Organization, for the years 2008 to 2010, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1.—Sessional Paper No. 1/41-119.
Report of the Canada Foundation for Sustainable Development Technology (including supplements I and II), together with the Auditors' Report, for the year 2010, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 1/41-120.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 12.(1) of the Conflict of Interest Code for Senators, declarations of private interest were made as follows:
—By oral declaration, the Honourable Senator Joyal, P.C. (Bill S-1001).
—By oral declaration, the Honourable Senator Segal (Bill S-1001).
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:19 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 Tkachuk replaced the Honourable Senator St. Germain, P.C. (June 17, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Cordy replaced the Honourable Senator Ringuette (June 20, 2011).
The Honourable Senator Wallace replaced the Honourable Senator Finley (June 20, 2011).
The Honourable Senator Dickson replaced the Honourable Senator Seidman (June 17, 2011).
The Honourable Senator Finley replaced the Honourable Senator Nolin (June 17, 2011).
The Honourable Senator Ringuette replaced the Honourable Senator Mitchell (June 16, 2011).
The Honourable Senator Marshall replaced the Honourable Senator Rivard (June 16, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Segal replaced the Honourable Senator Manning (June 17, 2011).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Greene replaced the Honourable Senator Carignan (June 21, 2011).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Frum replaced the Honourable Senator Boisvenu (June 17, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Eaton replaced the Honourable Senator Frum (June 17, 2011).