Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 19
Tuesday, October 18, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Banks, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, *Ataullahjan, Banks, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, 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, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, *Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, 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:
Annual Report of the Commissioner of Official Languages for the year ended March 31, 2011, entitled: Leadership, Action, Results, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th supp.), s. 66.—Sessional Paper No. 1/ 41-526.
The Honourable Senator Carignan tabled the following:
2009-2010 Annual Report of the Labrador Inuit Land Claims Agreement Implementation Coordinating Committee.—Sessional Paper No. 1/41-527.
Report of the Canadian Centre for Occupational Health and Safety, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2).—Sessional Paper No. 1/41-528.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Second reading of Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Stewart Olsen, that the bill be read the second time.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Peterson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Carignan, calling the attention of the Senate to 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 Wallin moved, seconded by the Honourable Senator Eaton, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Consideration of the second report (interim) of the Standing Senate Committee on Official Languages entitled: The Vitality of Quebec's English-speaking Communities: From Myth to Reality, tabled in the Senate on October 6, 2011.
The Honourable Senator Chaput moved, seconded by the Honourable Senator Munson:
That the report be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages being identified as the minister responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
Orders No. 4 and 5 were called and postponed until the next sitting.
Other
Orders No. 4, 10 (inquiries), 32 (motion), 6 and 2 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to the federal government's intention to dismantle the Canadian Wheat Board.
After debate,
The Honourable Senator Plett moved, seconded by the Honourable Senator Wallace, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
_________
At 3:53 p.m., pursuant to rule 7(2), the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 67, the Senate proceeded to the taking of the deferred standing vote on the motion for the previous question of the Honourable Senator Mockler, to government motion No. 11, of the Honourable Senator Carignan, seconded by the Honourable Senator LeBreton, P.C., concerning the sitting schedule of the Senate for the current session.
The question was put on the motion of the Honourable Senator Mockler, seconded by the Honourable Senator Wallace:
That the original question be now put.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—50
NAYS
The Honourable Senators
Banks, Chaput, Cordy, Cowan, Dallaire, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Losier-Cool, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Ringuette, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Zimmer—32
ABSTENTIONS
The Honourable Senators
Cools—1
The question was then put on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator LeBreton, P.C.:
That, during the remainder of the current session,
(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;
(c) when the Senate sits past 4 p.m. on a Wednesday, committees scheduled to meet be authorized to do so, even if the Senate is then sitting, with the application of rule 95(4) being suspended in relation thereto; and
(d) 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 motion was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Angus, Boisvenu, Braley, Brazeau, Brown, Carignan, Champagne, Cochrane, Comeau, Demers, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Meredith, Mockler, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tkachuk, Verner, Wallace, Wallin—50
NAYS
The Honourable Senators
Banks, Chaput, Cordy, Cowan, Dallaire, Day, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Losier-Cool, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Ringuette, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Zimmer—32
ABSTENTIONS
The Honourable Senators
Cools—1
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report of the Freshwater Fish Marketing Corporation, together with the Auditor General's Report, for the fiscal year ended April 30, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-478.
Reports of the Freshwater Fish Marketing Corporation 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- 479.
Summaries of the Corporate Plan for the period 2009-2010 to 2013-2014 and of the Operating and Capital Budgets for 2009-2010 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/41-480.
Summaries of the Corporate Plan for the period 2010-2011 to 2014-2015 and of the Operating and Capital Budgets for 2010-2011 of the Freshwater Fish Marketing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4). —Sessional Paper No. 1/41-481.
Reports of the Specific Claims Tribunal 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. 1/41-482.
Report of the Canadian Race Relations Foundation, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8, sbs. 26(3).—Sessional Paper No. 1/41-483.
Report of the Canadian Museum of Civilization for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-484.
Report of the Canadian Museum of Nature for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20. s. 8.—Sessional Paper No. 1/41-485.
Report of the National Gallery of 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. 1/41-486.
Report of the National Museum of Science and Technology for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-487.
Report of the Canadian Museum for Human Rights for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-488.
Report of the Canadian Museum of Immigration at Pier 21 for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-489.
Report of the Canada-Newfoundland and Labrador Offshore Petroleum Board, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the Canada-Newfoundland Atlantic Accord Implementation Act, S.C. 1987, c. 3, sbs. 29(3).—Sessional Paper No. 1/41-490.
Report of the Canada-Nova Scotia Offshore Petroleum Board, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, S.C. 1988, c. 28, sbs. 30(3).—Sessional Paper No. 1/41-491.
Summaries of the Corporate Plan for 2011-2012 to 2015-2016 and of the Capital and Operating Budgets for 2011- 2012 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-492.
Report on the administration of student financial assistance programs for the loan year 2009-2010, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, sbs. 20(1). —Sessional Paper No. 1/41-493.
Actuarial Report of the Office of the Superintendent of Financial Institutions on the Canada Student Loans Program dated July 31, 2010, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 19.1.—Sessional Paper No. 1/41-494.
Report of the Financial Consumer Agency of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001, c. 9, s. 34.—Sessional Paper No. 1/41-495.
Report of the Federal Bridge Corporation Limited, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-496.
Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2010, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 1/41-497.
Report of the National Round Table on the Environment and the Economy, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the National Round Table on the Environment and the Economy Act, S.C. 1993, c. 31, sbs. 23(2).—Sessional Paper No. 1/41-498.
Reports of the Department of National Defence 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. 1/41-499.
Report of the Social Sciences and Humanities Research Council, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Social Sciences and Humanities Research Council Act, R.S.C. 1985, c. S-12, sbs. 20(2).—Sessional Paper No. 1/41-500.
Report of the Standards Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-501.
Report of Statistics Canada on corporations for the year 2009, pursuant to the Corporations Returns Act, R.S.C. 1985, c. C-43, sbs. 22(1).—Sessional Paper No. 1/41-502.
Report of the Copyright Board for the fiscal year ended March 31, 2011, pursuant to the Copyright Act, R.S.C. 1985, c. C-42, sbs. 66.9(2).—Sessional Paper No. 1/41-503.
Report on the Witness Protection Program by the Commissioner of the Royal Canadian Mounted Police for the fiscal year ended March 31, 2011, pursuant to the Witness Protection Program Act, S.C. 1996, c. 15, sbs. 16(2).—Sessional Paper No. 1/41-504.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of British Columbia and the Ulkatcho Indian Band Council, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-505.
Report of the Royal Canadian Mounted Police Public Complaints Commission for the fiscal year ended March 31, 2011, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, s. 45.34.—Sessional Paper No. 1/41- 506.
Report of the National DNA Data Bank of Canada for the fiscal year ended March 31, 2011, pursuant to the DNA Identification Act, S.C. 1998, c. 37, sbs. 13.1(2). —Sessional Paper No. 1/41-507.
Reports 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- 508.
Reports of the Correctional Service 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. 1/41-509.
Reports of 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. 1/41-510.
of the Royal Canadian Mounted Police External Review Committee 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. 1/41-511.
Report of the National Capital Commission for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-512.
Report of the National Capital Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-513.
Report of the International Development Research Centre, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the International Development Research Centre Act, R.S.C. 1985, c. I-19, sbs. 22(2).—Sessional Paper No. 1/41-514.
Copy of the Regulations amending the Special Economic Measures (Syria) Regulations (P.C. 2011-1157), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). —Sessional Paper No. 1/41-515.
Report of the International Centre for Human Rights and Democratic Development, together with the Auditor General's Report, for the fiscal year ended March 31, 2011, pursuant to the International Centre for Human Rights and Democratic Development Act, R.S.C.1985, c. 54 (4th Supp.), sbs. 31(3). —Sessional Paper No. 1/41-516.
Report on the Implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the Enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Act, S.C. 1998, c. 34, s. 12.—Sessional Paper No. 1/41-517.
Report of the Asia-Pacific Foundation of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the Asia-Pacific Foundation of Canada Act, R.S.C. 1985, c. A-13, s. 36.—Sessional Paper No. 1/41-518.
Reports of the International Centre for Human Rights and Democratic Development 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. 1/41-519.
Reports of the Department of Foreign Affairs and International Trade 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. 1/41-520.
Reports of the International Development Research Centre 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/ 41-521.
Summaries of the Corporate Plan for 2011-2012 to 2015-2016 and of the Operating and Capital Budgets for 2011- 2012 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-522.
Report of the Canada Development Investment Corporation for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-523.
Summary of the Corporate Plan for 2011-2012 to 2015-2016 of Marine Atlantic Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-524.
Summary of the Corporate Plan for 2010-2014 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-525.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:44 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Campbell replaced the Honourable Senator Moore (October 6, 2011).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Finley replaced the Honourable Senator Eaton (October 17, 2011).
The Honourable Senator Duffy replaced the Honourable Senator Meighen (October 6, 2011).
The Honourable Senator Plett replaced the Honourable Senator Finley (October 6, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Boisvenu replaced the Honourable Senator Brown (October 18, 2011).
The Honourable Senator Frum replaced the Honourable Senator Johnson (October 17, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Campbell replaced the Honourable Senator Cowan (October 6, 2011).
The Honourable Senator Di Nino replaced the Honourable Senator Wallin (October 6, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Banks (October 17, 2011).
The Honourable Senator Frum replaced the Honourable Senator Stratton (October 6, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Segal (October 18, 2011).
The Honourable Senator Segal replaced the Honourable Senator Manning (October 17, 2011).
The Honourable Senator Munson replaced the Honourable Senator Dawson (October 17, 2011).
Standing Senate Committee on Official Languages
The Honourable Senator Segal replaced the Honourable Senator Eaton (October 17, 2011).