Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 11
Wednesday, November 14, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Oliver, Pépin, Peterson, Pitfield, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
The Members in attendance to business were:
The Honourable Senators
Adams, Angus, Bacon, Baker, Banks, Biron, Brown, Bryden, Callbeck, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fortier, Fox, Fraser, Goldstein, Grafstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, Meighen, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, *Nolin, Oliver, Pépin, Peterson, Pitfield, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Comeau tabled the following:
Document entitled Proposed Regulations Amending the Citizenship Regulations (Adoption) and Regulatory Impact Analysis Statement (November 13, 2007).—Sessional Paper No. 2/39-224.
Government Response, dated November 14, 2007, to the twelfth report of the Standing Senate Committee on Human Rights entitled: Canada and the United Nations Human Rights Council: at the Crossroads, tabled in the Senate on May 10, 2007. —Sessional Paper No. 2/39-225S.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Segal presented the following:
Wednesday, November 14, 2007
The Committee of Selection has the honour to present its
THIRD REPORT
Pursuant to the order of the Senate adopted on Thursday, November 1, 2007, your Committee submits herewith the list of Senators nominated by it to serve on the following committee:
Special Senate Committee on Aging
The Honourable Senators Carstairs, P.C., Chaput, Cools, Cordy, Johnson, Mercer and Nolin.
Pursuant to Rule 87, the Honourable Senator LeBreton, P.C. (or Comeau) and the Honourable Senator Hervieux- Payette, P.C. (or Tardif) are members ex officio of each select committee.
Respectfully submitted,
HUGH SEGAL
Chair
With leave of the Senate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that the report be adopted.
The question being put on the motion, it was adopted.
The Honourable Senator Keon tabled the following (Sessional Paper No. 2/39-226S):
Wednesday, November 14, 2007
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to table its
FIRST REPORT
Pursuant to Rule 104, your Committee reports that the expenses incurred by the Committee during the First Session of the Thirty-Ninth Parliament were as follows:
Professional & Other Services $ 3,355 Witness Expenses — TOTAL $ 3,355
In its First Report, which was tabled in the Senate on April 25, 2006, your Committee reported on its expenses and activities in the First Session of the Thirty-Eighth Parliament, pursuant to Rule 104.
The Second Report of your Committee recommended that the Rules of the Senate be amended by adding subsections 28(3.1) and (3.2) to refer the tabling of any proposal under User Fees Act, S.C. 2004, c. 6 to such committee as may be designated by the Leader of the Government or the Deputy Leader. The Report was tabled in the Senate on June 13, 2006, and was adopted on June 27, 2006.
Your Committee's Third Report recommended an amendment to paragraph 86(1)(h) of the Rules of the Senate to replace the words "Senate Committee on Foreign Affairs'' with the words "Senate Committee on Foreign Affairs and International Trade''. The Report was tabled on October 24, 2006, and was adopted on October 30, 2006.
Your Committee's Fourth Report, which was tabled in the Senate on April 18, 2007, recommended amendments to the Rules of the Senate with respect to questions of privilege and points of order. The report was debated, but not adopted, by the Senate.
The Fifth Report of your Committee, which was tabled in the Senate on May 3, 2007, requested funds for the fiscal year ending March 31, 2008, and the power to travel and adjourn from place to place within Canada for the purpose of its study on the use of Aboriginal languages in the Senate Chamber. The Report was adopted by the Senate on May 10, 2007.
Your Committee's Sixth Report recommended amendments to the Rules of the Senate to provide for a mechanism for the reinstatement of bills from the previous session of the same Parliament. The report was debated, but not adopted, by the Senate.
Respectfully submitted,
WILBERT J. KEON
Chair
The Honourable Senator Angus tabled the following (Sessional Paper No. 2/39-227S):
Wednesday, November 14, 2007
The Special Senate Committee on Senate Reform, which was authorized by the Senate on Wednesday, June 21, 2006 to undertake a comprehensive review of the Senate Reform or any other related matter referred to it by the Senate, reports, pursuant to Rule 104, that the expenses incurred by the Committee during the First Session of the Thirty-ninth Parliament are as follows:
Professional Services $ 3,927 Transportation and Communications — All other expenditures — Witness Expenses 11,495 TOTAL $ 15,422
On Wednesday, June 28, 2006 the subject-matter of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure) was referred to the Committee. In addition, the motion of the Honourable Senator Murray, P.C. to amend the Constitution of Canada (western regional representation in the Senate) was referred to the Committee on Wednesday, June 28, 2006.
To examine these orders of reference, the Committee held 14 meetings and heard form 26 witnesses.
The Committee tabled its report on the subject-matter of Bill S-4, An Act to amend the Constitution Act, 1867 (Senate tenure) and presented its report on the motion to amend the Constitution of Canada (western regional representation in the Senate) on Thursday, October 26, 2006.
Respectfully submitted,
DAVID ANGUS
Deputy Chair
The Honourable Senator Banks tabled the following (Sessional Paper No. 2/39-228S):
Wednesday, November 14, 2007
The Standing Senate Committee on Energy, the Environment and Natural Resources 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, that the expenses incurred by the Committee during the First Session of the Thirty-ninth Parliament are as follows:
1. With respect to its examination and consideration of legislation:
Professional and Other Services $ 3,494 Transportation and Communications — All other expenditures — Subtotal $ 3,494 Witness expenses — TOTAL $ 3,494
2. With respect to its study on issues relating to energy, the environment and natural resources:
Professional and Other Services $ 1,987 Transportation and Communications 19,801 All other expenditures 198 Subtotal $ 21,986 Witness expenses — TOTAL $ 21,986
3. With respect to Review of the Canadian Environmental Protection Act (1999, c. 33) pursuant to Section 343(1) of the said Act:
Professional and Other Services $ 4,886 Transportation and Communications — All other expenditures 161 Subtotal $ 5,047 Witness expenses 13,830 TOTAL $ 18,877
Your Committee examined four (4) bills and was ordered to examine the subject-matter of another bill, a study which died on the order paper due to prorogation.
During the session under consideration, your Committee considered seven (7) orders of reference, held forty-five (45) meetings, heard from ninety-seven (97) witnesses and submitted eight (8) reports in relation to its work.
Respectfully submitted,
TOMMY BANKS
Chair
The Honourable Senator Day tabled the following (Sessional Paper No. 2/39-229S):
Wednesday, November 14, 2007
The Standing Senate Committee on National Finance 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 the estimates and legislation referred to it, reports, pursuant to Rule 104 of the Rules of the Senate, that the expenses incurred by the Committee during the First Session of the Thirty-ninth Parliament are as follows:
1. With respect to its consideration of estimates and legislation:
Professional and Other Services $ 7,040 Transport and Communications — Other Expenditures — Witness Expenses 12,067 TOTAL $ 19,107
2. With respect to a special study on issues relating to the vertical and horizontal fiscal balances among the various orders of government of Canada:
Professional and Other Services $ 1,123 Transport and Communications — Other Expenditures — Witness Expenses 11,053 TOTAL $ 12,626
Your Committee held 49 meetings, during which it heard 144 witnesses and presented 18 reports during the session. The Committee examined 8 bills: C-13, S-201, S-217, C-17, C-28, S-215, C-294, and C-52.
It reviewed the Main and Supplementary Estimates for 2006-2007, as well as the Main Estimates for 2007-2008. In total, seven reports were presented on the Estimates, including two interim reports on the Main Estimates 2007-2008.
Your committee presented two interim reports during the session with respect to its special study on issues relating to the vertical and horizontal fiscal balances among the various orders of government in Canada.
Respectfully submitted,
JOSEPH A. DAY
Chair
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Milne tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association, respecting its participation at the Parliamentary Mission to the Country that will next hold the Presidency of the Council of the European Union and the Fourth Part of the 2007 Ordinary Session of the Parliamentary Assembly of the Council of Europe, held in Ljubljana, Slovenia and Strasbourg, France, from September 27 to October 5, 2007. —Sessional Paper No. 2/39-230.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Comeau, for the second reading of Bill S-3, An Act to amend the Criminal Code (investigative hearing and recognizance with conditions).
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the bill be referred to the Special Senate Committee on Anti-terrorism.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Second reading Bill C-11, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act.
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Angus, that the bill be read the second time.
After debate,
The Honourable Senator Watt 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.
Order No. 5 was called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Brown:
That the following Address be presented to Her Excellency the Governor General of Canada:
To Her Excellency the Right Honourable Michaëlle Jean, 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 Comeau moved, seconded by the Honourable Senator Cochrane, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Second reading of Bill S-214, An Act to amend the Income Tax Act and the Excise Tax Act (tax relief for Nunavik).
The Honourable Senator Watt moved, seconded by the Honourable Senator Cordy, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 8 to 13 were called and postponed until the next sitting.
Second reading of Bill S-209, An Act to amend the Criminal Code (protection of children).
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Tardif, that the bill be read the second time.
After debate,
The Honourable Senator Cochrane moved, seconded by the Honourable Senator Stratton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 15 to 17 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 4 were called and postponed until the next sitting.
Other
Orders No. 6, 4, 7 (motions), 3 (inquiry), 3 and 5 (motions) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Transport and Communications have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Callbeck:
That the Standing Senate Committee on Transport and Communications be authorized to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
The question being put on the motion, it was adopted.
The Honourable Senator Bacon moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Transport and Communications be authorized to examine and report on current and potential future containerized freight traffic handled at, and major inbound and outbound markets served by, Canada's
i) Pacific Gateway container ports
ii) east coast container ports and
iii) central container ports
and current and appropriate future policies relating thereto.
That the Committee submit its final report no later than March 31, 2008, and
That the papers and evidence received and taken and the work accomplished by the Committee on the subject since the First Session of the Thirty-Ninth Parliament be referred to the Committee.
The question being put on the motion, it was adopted.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks:
That the Standing Senate Committee on National Finance have power to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of its examination and consideration of such bills, subject-matters of bills and estimates as are referred to it.
The question being put on the motion, it was adopted.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks:
That the Standing Senate Committee on National Finance be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of its hearings.
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 Department of Public Works and Government Services Canada for the fiscal year ended March 31, 2007, 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. 2/39-194.
Additions to Schedule 1 of the Canada Shipping Act, 2001 for the fiscal year ended March 31, 2007, pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, sbs. 30(2).—Sessional Paper No. 2/39-195.
Report of the Canada Lands Company Limited for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-196.
Reports of Transport Canada for the fiscal year ended March 31, 2007, 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. 2/39-197.
Reports of the Canada Lands Company Limited for the fiscal year ended March 31, 2007, 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. 2/39-198.
Reports of the Parc Downsview Park Inc. for the fiscal year ended March 31, 2007, 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. 2/39-199.
Report of the Canadian Air Transport Security Authority for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-200.
Report of the Blue Water Bridge Authority for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-201.
Reports of the Department of Public Safety and Emergency Preparedness for the fiscal year ended March 31, 2007, 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. 2/39-202.
Report of the Canadian International Trade Tribunal entitled "Recommendation Regarding Tricots Liesse (1983) Inc. (Single Yarn of Artificial Staple Fibres)'' dated August 27, 2007, pursuant to the Canada-United States Free Trade Agreement Implementation Act, S.C. 1988, c. 65, s. 54.—Sessional Paper No. 2/39-203.
Report of the operations under the Fisheries Development Act for the fiscal year ended March 31, 2007, pursuant to the Act, R.S.C. 1985, c. F-21, s. 10.—Sessional Paper No. 2/39-204.
Reports of the Canada Revenue Agency for the fiscal year ended March 31, 2007, 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. 2/39-205.
Reports of the Canadian International Development Agency for the fiscal year ended March 31, 2007, 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. 2/ 39-206.
Report of the Standards Council of Canada for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-207.
Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2007, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 2/ 39-208.
Report of the Business Development Bank of Canada for the fiscal year ended March 31, 2007, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 2/39-209.
Report of the National Research Council of Canada, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No. 2/39-210.
Reports of the Canadian Space Agency for the fiscal year ended March 31, 2007, 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. 2/39-211.
Report of the National Research Council for the fiscal year ended March 31, 2007, 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. 2/39-212.
Reports of the Business Development Bank of Canada for the fiscal year ended March 31, 2007, 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. 2/39- 213.
Reports of the Department of Industry for the fiscal year ended March 31, 2007, 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. 2/39-214.
Annual Report of the Canada Millennium Scholarship Foundation, together with the Auditors' Report, for the year 2005, pursuant to the Budget Implementation Act, S.C. 1998, c. 21, sbs. 38(2).—Sessional Paper No. 2/39-215.
Annual Report of the Canada Millennium Scholarship Foundation, together with the Auditors' Report, for the year 2006, pursuant to the Budget Implementation Act, S.C. 1998, c. 21, sbs. 38(2).—Sessional Paper No. 2/39-216.
Report of the Canadian Polar Commission, together with the Auditor General's Report, for the fiscal year ended March 31, 2007, pursuant to the Canadian Polar Commission Act, S.C. 1991, c. 6, sbs. 21(2).—Sessional Paper No. 2/ 39-217.
Report of the First Nations Lands Advisory Board for the fiscal year ended March 31, 2007, pursuant to the section 41.2 of the Framework Agreement on First Nations Land Management, as ratified by the First Nations Land Management Act, S.C. 1999, c. 24.—Sessional Paper No. 2/39-218.
Report of the Public Service Commission of Canada for the fiscal year ended March 31, 2007, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(2)'' and 13. —Sessional Paper No. 2/39-219.
Report of the Public Service Commission of Canada entitled "Audit of the Movement of Public Servants Between the Federal Public Service and Ministers' Offices'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(3)'' and 13. —Sessional Paper No. 2/39-220.
Report of the Public Service Commission of Canada entitled "Audit of the Canadian Forces Grievance Board'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(3)'' and 13.—Sessional Paper No. 2/39-221.
Report of the Public Service Commission of Canada entitled "Audit of the NAFTA Secretariat — Canadian Section'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(3)'' and 13.—Sessional Paper No. 2/39-222.
Report of the Public Service Commission of Canada entitled "Audit of the Office of the Correctional Investigator'', pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23(3)'' and 13.—Sessional Paper No. 2/39-223.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:46 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Committee of Selection
The name of the Honourable Senator Carstairs substituted for that of the Honourable Senator Robichaud (November 14).