Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 36
Thursday, December 1, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Ataullahjan, Baker, Boisvenu, Braley, Callbeck, Campbell, Carignan, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Duffy, Eaton, Eggleton, Fairbairn, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Watt
The Members in attendance to business were:
The Honourable Senators
*Andreychuk, *Angus, Ataullahjan, Baker, *Banks, Boisvenu, Braley, *Brown, Callbeck, Campbell, Carignan, Champagne, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, *De Bané, Demers, Di Nino, *Downe, Duffy, Eaton, Eggleton, Fairbairn, *Finley, *Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, *Johnson, Joyal, Kenny, Kinsella, Lang, Losier-Cool, Lovelace Nicholas, MacDonald, *Mahovlich, Manning, Marshall, Martin, *Massicotte, *McCoy, Meighen, Mercer, Merchant, Meredith, *Mitchell, Mockler, Moore, Munson, Nancy Ruth, *Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, *Sibbeston, *Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, *Wallin, Watt
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
With leave of the Senate,
The Honourable Senator Kinsella tabled the following:
Revised Report of the Delegation, led by the Speaker of the Senate, that travelled to Slovakia, the Holy See, the Sovereign Military Order of Malta and Italy, from October 14 to 20, 2010.—Sessional Paper No. 1/41-600S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its fifth report (Bill S-201, An Act respecting a National Philanthropy Day, without amendment).
With leave of the Senate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Jaffer, 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.
The Honourable Senator Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventh report (Bill S-1002, An Act to authorize the Industrial Alliance Pacific General Insurance Corporation to apply to be continued as a body corporate under the laws of Quebec, without amendment).
With leave of the Senate,
The Honourable Senator Meighen moved, seconded by the Honourable Senator Stratton, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill S-4, An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, as amended.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Rivard, that the bill, as amended, be read the third time.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, as amended.
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Greene, that the bill, as amended, be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill, as amended, was then read the third time and passed, on division.
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.
Second reading of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts.
The Honourable Senator Plett moved, seconded by the Honourable Senator Patterson, that the bill be read the secondtime.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.
The question being put on the motion, it was adopted.
Order No. 4 was called and postponed until the next sitting.
Inquiries
Orders No. 1 and 2 were called and postponed until the nextsitting.
Motions
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills
Third reading of Bill S-201, An Act respecting a National Philanthropy Day.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Hubley, that the bill be read the third time.
After debate,
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 No. 1 to 3 were called and postponed until the nextsitting.
Private Bills
Third reading of Bill S-1002, An Act to authorize the Industrial Alliance Pacific General Insurance Corporation to apply to be continued as a body corporate under the laws of Quebec.
The Honourable Senator Meighen moved, seconded by the Honourable Senator Eaton, that the bill be read the third time.
After debate,
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.
Reports of Committees
Resuming debate on the motion of the Honourable SenatorSmith P.C. (Cobourg), seconded by the Honourable Senator Cordy, for the adoption of the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011.
After debate,
The Honourable Senator Stratton, for the Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Consideration of the second report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Amendment to the Rules of the Senate, relating to leaves of absence and suspensions), presented in the Senate on November 29, 2011.
The Honourable Senator Braley moved, seconded by the Honourable Senator Ataullahjan, that the report be adopted.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the nextsitting.
Other
Orders No. 17 (inquiry), 37, 2 (motions), 8, 16, 14, 18, 11 (inquiries), 19 (motion), 3 and 7 (inquiries) were called and postponed until the next sitting.
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 Poirier:
That when the Senate adjourns today, it do stand adjourned until Tuesday, December 6, 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):
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, dated November 2011, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs.5(2).—Sessional Paper No. 1/41-614.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 12(1) of the Conflict of Interest Code for Senators, declarations of private interests were made as follows:
—By oral declaration, on December 1, 2011, in the Standing Senate Committee on Legal and Constitutional Affairs, the Honourable Senator Joyal, P.C. (Bill S-1002).
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Wallace:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:51 p.m. the Senate was continued until Tuesday, December 6, 2011 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Hubley replaced the Honourable Senator Sibbeston (November 30, 2011).
Standing Senate Committee on Human Rights
The Honourable Senator Zimmer replaced the Honourable Senator Lovelace Nicholas (November 30, 2011).
The Honourable Senator Baker, P.C., replaced the Honourable Senator Day (November 30, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dawson replaced the Honourable Senator Downe (November 30, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Dawson replaced the Honourable Senator Chaput (December 1, 2011).
The Honourable Senator Raine replaced the Honourable Senator Angus (November 30, 2011).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Stratton (November 30, 2011).