Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 11
Thursday, June 23, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, 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, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, 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
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Report of the Canadian Human Rights Tribunal for the year 2010, pursuant to the Canadian Human Rights Act, R. S. C. 1985, c. H-6, sbs. 61(4).—Sessional Paper No. 1/41-180.
Third Annual Report of the Office of the Commissioner of Lobbying for the period ended March 31, 2011, pursuant to the Lobbying Act, R.S., 1985, c. 44 (4th Supp.), s. 11.—Sessional Paper No. 1/41-181.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Runciman presented the following:
Thursday, June 23, 2011
The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its
FIRST REPORT
Your committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the committee was previously empowered "to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:
1. the appropriate principles and practices to be observed
(a) in the drafting of powers enabling delegates of Parliament to make subordinate laws;
(b) in the enactment of statutory instruments;
(c) in the use of executive regulation — including delegated powers and subordinate laws;
and the manner in which Parliamentary control should be effected in respect of the same;
2. the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.''
Your committee recommends that the same order of reference, together with the evidence adduced thereon during previous sessions, be again referred to it.
Your committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:
Whether any regulation or other statutory instrument within its terms of reference, in the judgment of the committee:
1. is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;
2. is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;
3. purports to have retroactive effect without express authority having been provided for in the enabling legislation;
4. imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;
5. imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;
6. tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;
7. has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;
8. appears for any reason to infringe the rule of law;
9. trespasses unduly on rights and liberties;
10. makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;
11. makes some unusual or unexpected use of the powers conferred by the enabling legislation;
12. amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment; or
13. is defective in its drafting or for any other reason requires elucidation as to its form or purport.
Your committee recommends that its quorum be fixed at four members, provided that both houses are represented whenever a vote, resolution or other decision is taken, and that the joint chairs be authorized to hold meetings to receive evidence and authorize the printing thereof so long as three members are present, provided that both houses are represented; and, that your committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.
Your committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.
Your committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to rule 104(2) of the Rules of the Senate, that the expenses of your committee (Senate portion) during the Third Session of the Fortieth Parliament are as follows:
Professional and Other Services $ 614
Transport and Communications —
All other expenditures 938
Witness Expenses —
TOTAL $ 1,552
In addition to the expenses for the examination of legislation as set out above, your committee also incurred general postal charges in the amount of $468.
A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled.
Respectfully submitted,
BOB RUNCIMAN
Joint Chair
The Honourable Senator Runciman moved, seconded by the Honourable Senator Kochhar, 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 Day, Chair of the Standing Senate Committee on National Finance, presented its second report (Bill C-3, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011, without amendment).
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Fairbairn, P.C., that the bill be placed on the Orders of the Day for a third reading later this day.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its third report (first interim) (2011-2012 Estimates).
(The report is printed as an appendix at pages 121-146 (available in print format PDF).)
The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Second reading of Bill C-8, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin, 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 Gerstein moved, seconded by the Honourable Senator Wallin, 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.
Second reading of Bill C-9, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Wallin, 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 Gerstein moved, seconded by the Honourable Senator Wallin, 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.
Third reading of Bill C-3, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Kochhar, 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.
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.
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its second report (Bill C-2, An Act to amend the Criminal Code (mega-trials), without amendment).
With leave of the Senate,
The Honourable Senator Runciman moved, seconded by the Honourable Senator Stewart Olsen, that the bill be read the third time now.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
The Honourable Senator Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its third report (Bill S-1001, An Act respecting Queen's University at Kingston, without amendment).
With leave of the Senate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Cools, that the bill be read a third time now.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Other
Orders No. 4, 6 and 2 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Mockler moved, seconded by the Honourable Senator Ogilvie:
That the Standing Senate Committee on Agriculture and Forestry be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study on the current state and future of Canada's forest sector, between June 27 and July 15, 2011, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Frum:
That, pursuant to Section 25.9 of the Federal-Provincial Fiscal Arrangements Act, the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the progress in implementing the 2004 10-Year Plan to Strengthen Health Care;
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 all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:
That when the Senate adjourns today, it do stand adjourned until Monday, June 27, 2011, at 2 p.m.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Reports of the Atlantic Canada Opportunities Agency 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- 151.
Statutes of the Northwest Territories for the Fifth Session of the Sixteenth Legislative Assembly, pursuant to the Northwest Territories Act, R.S.C. 1985, c. N-27, sbs. 21(1).—Sessional Paper No. 1/41-152.
Report on Northern oil and gas for the year ended December 31, 2010, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 1/41-153.
Reports of the Canadian Polar Commission 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. 1/41-154.
Reports of the Sahtu Land Use Planning 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. 1/41-155.
Reports of the First Nations Tax Commission 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. 1/41-156.
Addendum to the Report of Ridley Terminals Inc., together with the Auditor General's Report, for the year 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/41-157.
Reports of the Federal Economic Development Agency for Southern Ontario 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. 1/41-158.
Reports of Transport Canada 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. 1/41-159.
Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-160.
Reports of the Office of Infrastructure of Canada 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. 1/41-161.
Report of the Canadian Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-162.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41- 163.
Report of the Canadian Hatching Egg Producers, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-164.
Report of the Canadian Beef Cattle Research, Market Development and Promotion Agency for the year ended June 30, 2010, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-165.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Newfoundland and Labrador and the Inuit Communities of Rigolet, Nain and Hopedale, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-166.
Agreement for RCMP policing services (Aboriginal Community Constable Program) for the Yukon Territory, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 1/41-167.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of Manitoba, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-168.
Agreement 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. 1/41-169.
Agreement for RCMP policing services (First Nations Community Policing Service) for the Yukon Territory, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-170.
Agreement for RCMP policing services (First Nations Community Policing Service) for the Yukon Territory and the Liard First Nation, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-171.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of Newfoundland and Labrador and the Inuit Community of Makkovik, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-172.
Report on the use of electronic surveillance for the year 2010, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4). —Sessional Paper No. 1/41-173.
Reports of the Department of Public Safety and Emergency Preparedness 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. 1/41-174.
Reports of the Office of the Inspector General of the Canadian Security Intelligence Service 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. 1/41-175.
Reports of the Office of the Correctional Investigator of Canada 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. 1/41-176.
Reports of the Commission for Public Complaints Against the Royal Canadian Mounted Police 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. 1/41-177.
Reports of the National Parole Board for the fiscal year ended March 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. 1/41-178.
Report of the Canadian Tourism Commission, 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. 1/41-179.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:27 p.m. the Senate was continued until Monday, June 27, 2011 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Meredith replaced the Honourable Senator Martin (June 23, 2011).
The Honourable Senator Martin replaced the Honourable Senator Meredith (June 22, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Gerstein replaced the Honourable Senator Cochrane (June 22, 2011).
The Honourable Senator Cochrane replaced the Honourable Senator Gerstein (June 22, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Meighen replaced the Honourable Senator Smith (Saurel) (June 23, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Banks replaced the Honourable Senator Watt (June 23, 2011).
The Honourable Senator Baker, P.C., replaced the Honourable Senator Banks (June 22, 2011).
The Honourable Senator Banks replaced the Honourable Senator Baker, P.C. (June 22, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Ataullahjan replaced the Honourable Senator Brown (June 23, 2011).
The Honourable Senator Brown replaced the Honourable Senator Nancy Ruth (June 23, 2011).
The Honourable Senator Runciman replaced the Honourable Senator Mockler (June 22, 2011).
The Honourable Senator Marshall replaced the Honourable Senator Fortin-Duplessis (June 22, 2011).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Manning (June 22, 2011).
The Honourable Senator Mockler replaced the Honourable Senator Runciman (June 22, 2011).
The Honourable Senator Manning replaced the Honourable Senator Marshall (June 22, 2011).
The Honourable Senator Rivard replaced the Honourable Senator Dickson (June 22, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Rivard (June 22, 2011).