Journals of the Senate
56 Elizabeth II, A.D. 2007, Canada
Journals of the Senate
2nd Session, 39th Parliament
Issue 24
Thursday, December 13, 2007
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Callbeck, Campbell, Carney, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Adams, Andreychuk, Angus, Bacon, Baker, Banks, Brown, Callbeck, Campbell, Carney, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cook, Cools, Corbin, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Di Nino, Downe, Dyck, Eggleton, Eyton, Fairbairn, Fitzpatrick, Fortier, Fox, Fraser, Furey, Goldstein, Gustafson, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Merchant, Milne, Mitchell, Moore, Munson, Murray, Nancy Ruth, Nolin, Oliver, Pépin, Peterson, Phalen, Pitfield, Poy, Ringuette, Rivest, Robichaud, Rompkey, St. Germain, Segal, Sibbeston, Smith, Spivak, Stollery, Stratton, Tardif, Tkachuk, Trenholme Counsell, Watt, Zimmer
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Banks, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its third report (Bill C-15, An Act respecting the exploitation of the Donkin coal block and employment in or in connection with the operation of a mine that is wholly or partly at the Donkin coal block, and to make a consequential amendment to the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, without amendment).
With leave of the Senate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, 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 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 Day presented the following:
Thursday, December 13, 2007
The Standing Senate Committee on National Finance has the honour to present its
THIRD REPORT
Your committee, to which was referred Bill S-215, An Act to protect heritage lighthouses, has, in obedience to the order of reference of Thursday, December 6, 2007, examined the said Bill and now reports the same with the following amendments:
1. Preamble, page 1:
Add after line 10 the following:
"AND WHEREAS communities in the areas in which lighthouses are situated have an important role in the conservation and protection of heritage lighthouses and in ensuring a public purpose for them;''.
2. Preamble, page 1:
Replace, in the English version, line 13 with the following:
"taken to conserve and protect our heritage''.
3. Clause 2, page 2:
Replace lines 3 and 4 with the following:
"this Act, and includes any related structure that is included in the designation.''.
4. Clause 2, page 2:
Replace lines 13 to 17 with the following:
""related structure'', in relation to a lighthouse, means
(a) any building on the site on which the lighthouse is situated that contributes to the heritage character of the lighthouse; and
(b) any structure on the site on which the lighthouse is situated, the maintenance of which is necessary in order to provide access to the site.''.
5. Clause 3, page 2:
Replace, in the English version, line 18 with the following:
"3. The purpose of this Act is to conserve''.
6. Clause 3, page 2:
(a) Replace, in the English version, line 23 with the following:
"or disposition of heritage lighthouses;''
(b) Replace line 25 with the following:
"reasonably maintained; and
(d) facilitating sales or transfers of heritage lighthouses in order to ensure the lighthouses' public purpose.''.
7. Clause 6, page 2:
(a) Replace lines 35 and 36 with the following:
"(2) The designation of a lighthouse may include any related structure that the'';
(b) Replace, in the French version, line 41 with the following:
"critères établis, devrait y être inclus.''.
8. Clause 7, page 3:
Replace line 20 with the following:
"whether any related structures''.
9. New clause 7.1, page 3:
Add after line 22 the following:
"7.1 (1) For two years beginning with the coming into force of this Act, every Minister of the Crown in right of Canada who has the administration of lighthouses must maintain and make available to the public a list of those lighthouses that he or she considers to be surplus to the operational requirements of the portion of the federal public administration for which he or she is responsible.
(2) A surplus lighthouse may only be designated as a heritage lighthouse if a person or body submits a written commitment to buy or otherwise acquire the lighthouse and to protect its heritage character in the event that it is designated as a heritage lighthouse.''.
10. Clause 10, page 3:
Replace line 44 with the following:
"lated structure should be included in the''.
11. Clause 12, page 4:
Replace line 19 with the following:
"nicipality or to a person or body that is acquiring the heritage lighthouse for a public purpose.''.
12. Clause 12, page 4:
Replace, in the English version, line 22 with the following:
"must provide for the protection of the heri-''.
13. Clause 13, page 4:
Replace line 32 with the following:
"(2) A heritage lighthouse, or any part of it, may only be demolished if a public meeting is held on the matter in the area in which the lighthouse is situated.
(3) Subsections (1) and (2) do not apply in re-''.
14. Clause 13, page 4:
Replace, in the English version, line 34 with the following:
"house in response to an emergency situ-''.
15. Clause 14, page 4:
Replace, in the English version, line 36 with the following:
"14. The owner of a heritage lighthouse must''.
16. Clause 15, page 4:
Replace lines 43 and 44 with the following:
"house and whether any related structure should be included in the designation;''.
17. Clause 15, page 5:
(a) Replace, in the English version, line 5 with the following:
"of heritage properties; and''
(b) Replace lines 9 to 17 with the following:
"the conservation of heritage properties.''.
18. New clauses 15.1 and 15.2, page 5:
Add after line 17 the following:
"RELATED AMENDMENTS TO THE PARKS CANADA AGENCY ACT
15.1 Paragraph (a) of the definition "heritage protection programs'' in subsection 2(1) of the Parks Canada Agency Act is replaced by the following:
(a) heritage railway stations, heritage lighthouses and federal heritage buildings;
15.2 Paragraph 4(1)(b) of the Act is replaced by the following:
(b) heritage railway stations, heritage lighthouses, federal heritage buildings, historic places in Canada, federal archaeology and Canadian heritage rivers; and''.
Respectfully submitted,
JOSEPH A. DAY
Chair
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its fourth report (Subject-matter of Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007.—Sessional Paper No. 2/39-350S.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be placed on the Orders of the Day for consideration later this day.
The question being put on the motion, it was adopted.
The Honourable Senator Angus presented the following:
Thursday December 13, 2007
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
FIFTH REPORT
Your Committee, to which was referred Bill C-12, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005, has, in obedience to the Order of Reference of Thursday, November 15, 2007, examined the said Bill and now reports the same without amendment. Your Committee appends to this report certain observations relating to the Bill.
Respectfully submitted,
W. DAVID ANGUS
Chair
Observations to the Fifth Report of the Standing Senate Committee on Banking, Trade and Commerce
As was the case with Bill C-55, An Act to establish the Wage Earner Protection Program Act, to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act and to make consequential amendments to other Acts, we are reporting Bill C-12 without having conducted our usual comprehensive study and review. We are doing so in support of stakeholders who have indicated that certain aspects of the bill should be implemented without delay in order to assist those workers who have unpaid wages or earned vacation pay.
As the Committee noted in our Seventeenth Report in the 38th Parliament, we unanimously support and approve of wage earner protection for the workers of bankrupt employers. In our November 2005 report, we indicated that enhanced protection for these vulnerable creditors was long-overdue. More than two years later, we continue to believe that the need is urgent.
That having been said, we are mindful that some stakeholders have reservations about several provisions of Bill C- 12 as well as about certain other aspects of Canada's bankruptcy and insolvency regime. In his appearance before the Committee on 29 November 2007, the Minister of Labour indicated the possibility that, perhaps as early as next year, further amendments to the regime could occur. Within this context, we intend to continue our work on this important framework legislation, and will be inviting submissions from stakeholders early in 2008. It is our hope that recommendations made as a consequence of this study will receive serious consideration by the government.
Finally, the Committee reiterates the point made in our observations on Bill C-55: the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act constitute framework legislation that affects the Canadian economy and all Canadians. We believe it essential that ongoing review occur in order to ensure that the legislation is appropriately amended from time to time and continues to meet its intended goals.
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Gustafson, 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 Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled its fifth report entitled: Taking Section 35 Rights Seriously: Non-derogation Clauses relating to Aboriginal and treaty rights. —Sessional Paper No. 2/39-351S.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Milne, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the bill be placed on the Orders of the Day for a second reading later this day.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Moore presented a Bill S-224, An Act to amend the Parliament of Canada Act (vacancies).
The bill was read the first time.
The Honourable Senator Moore moved, seconded by the Honourable Senator Downe, 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 Canadian Delegation of the Canada-China Legislative Association respecting the Co-Chair's visit to Hong Kong, China, on August 18, 2007.—Sessional Paper No. 2/39-352.
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Canada-Africa Parliamentary Association, respecting its bilateral visits to Tanzania and Uganda, held in Dar es Salaam/Arusha, Tanzania and Kampala/Gulu, Uganda, from September 2 to 8, 2007.—Sessional Paper No. 2/39-353.
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the OSCE-Canada-Europe Parliamentary Association, respecting its participation at the Sixteenth Annual Session of the OSCE Parliamentary Assembly, held in Kyiv, Ukraine, from July 5 to 9, 2007. —Sessional Paper No. 2/39-354.
The Honourable Senator Cordy tabled the following:
Report of the Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Annual Spring Session of the NATO Parliamentary Assembly, held in Madeira, Portugal, from May 25 to 28, 2007.—Sessional Paper No. 2/39-355.
The Honourable Senator Di Nino tabled the following:
Report of the Canadian Delegation of the OSCE-Canada-Europe Parliamentary Association, respecting its participation at the OSCE Parliamentary Assembly's Election Observation Mission in Serbia, on January 21, 2007.—Sessional Paper No. 2/39-356.
Report of the Canadian Delegation of the OSCE-Canada-Europe Parliamentary Association, respecting its participation at the OSCE Parliamentary Assembly's Election Observation Mission in Armenia, on May 12, 2007.—Sessional Paper No. 2/39-357.
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association and Canada-Japan Inter- Parliamentary Group, respecting its participation at the 28th General Assembly of the ASEAN Inter-Parliamentary Organization, held in Kuala Lumpur, Malaysia, from August 18 to 24, 2007.—Sessional Paper No. 2/39-358.
Notices of Motions
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C.:
That pursuant to Rule 85(2.1) of the Rules of the Senate the membership of the Standing Committee on Conflict of Interest for Senators be as follows:
The Honourable Senators Andreychuk; Angus; Carstairs, P.C.; Joyal, P.C.; and Robichaud, P.C.
Pursuant to Rule 85(2.1) the motion was deemed adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Comeau, tabled the following:
Reply to Question No. 2, dated October 17, 2007, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the impacts of climate change on Prince Edward Island.—Sessional Paper No. 2/39-359S.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-2, An Act to amend the Canada-United States Tax Convention Act, 1984,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-35, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2008.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Tkachuk, 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 a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
Reports of Committees
Consideration of the fourth report of the Standing Senate Committee on National Finance, (Subject-matter of Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007, tabled in Parliament on October 30, 2007), tabled in the Senate earlier this day.
The Honourable Senator Day moved, seconded by the Honourable Senator Banks, that the report be adopted.
After debate,
The question being put on the motion, it was adopted, on division.
Bills
Second reading of Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007.
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Nolin, that the bill be read the second time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Oliver, that the bill be read a third time now.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Adams, Andreychuk, Angus, Brown, Campbell, Cochrane, Comeau, Di Nino, Eyton, Gustafson, Johnson, Keon, Kinsella, LeBreton, Murray, Nancy Ruth, Nolin, Oliver, Spivak, St. Germain , Stratton, Tkachuk—22
NAYS
The Honourable Senators
Cook, Cordy, Cowan, Dyck, Furey, McCoy, Merchant, Moore, Peterson, Phalen, Ringuette—11
ABSTENTIONS
The Honourable Senators
Callbeck, Carstairs, Cools, Corbin, Dallaire, Dawson, Day, De Bané, Downe, Eggleton, Fairbairn, Fraser, Goldstein, Joyal, Kenny, Lapointe, Lovelace Nicholas, Milne, Mitchell, Munson, Poy, Sibbeston, Smith, Tardif, Trenholme Counsell, Watt, Zimmer—27
Accordingly, Bill C-28 was read a 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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-18, An Act to amend the Canada Elections Act (verification of residence), to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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.
Bills
Third reading of Bill C-12, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk, that the bill be read the third time.
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.
Third reading of Bill C-13, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments), as amended.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Andreychuk, that the bill, as amended, be read the third time.
After debate,
The Honourable Senator Comeau 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.
Ordered, That the third report of the Standing Senate Committee on National Finance, placed on the Orders of the Day for consideration later this day, be brought forward.
Consideration of the third report of the Standing Senate Committee on National Finance (Bill S-215, An Act to protect heritage lighthouses, with amendments), presented to the Senate earlier this day.
The Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, that the report be adopted.
After debate,
In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, that the third report of the Standing Senate Committee on National Finance be not now adopted but that it be amended:
(a) at amendment no. 18, in the French version, by replacing the heading « MODIFICATIONS CORRÉLATIVES À LA LOI SUR L'AGENCE DES PARCS CANADA » with the heading « MODIFICATIONS CORRÉLATIVES À LA LOI SUR L'AGENCE PARCS CANADA »; and
(b) by adding amendment no. 19 as follows:
"19. Renumbering: Renumber clause 7.1, the clauses that follow and cross-references thereto, consequential upon these amendments.''
After debate,
The question being put on the motion in amendment, it was adopted, on division.
The question then being put on the motion of the Honourable Senator Day, seconded by the Honourable Senator Dallaire, for the adoption of the third report, as amended, of the Standing Senate Committee on National Finance (Bill S-215, with amendments).
The motion was adopted, on division.
With leave of the Senate,
The Honourable Senator Day moved, seconded by the Honourable Senator Dallaire, that Bill S-215, as amended, be read a third time now.
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.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Segal, seconded by the Honourable Senator Champagne, P.C., for the second reading of Bill S-202, An Act to amend certain Acts to provide job protection for members of the reserve force.
After debate,
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Keon, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 5 to 14 were called and postponed until the next sitting.
Ordered, That, with respect to Order No. 14 (Bill S-208), rule 27(3) be suspended until the Standing Senate Committee on Energy, the Environment and Natural Resources, has reported the subject-matter of the bill to the Senate.
Orders No. 15 and 16 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the consideration of the fourth report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled: Livestock Industry, tabled in the Senate on December 11, 2007.
After debate,
The Honourable Senator Gustafson moved, seconded by the Honourable Senator Keon, that the report be adopted.
The question being put on the motion, it was adopted.
Consideration of the second report of the Special Senate Committee on Aging (budget—study on the implications of an aging society in Canada—power to hire staff), presented in the Senate on December 11, 2007.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., that the report be adopted.
The question being put on the motion, it was adopted.
Orders No. 3 and 4 were called and postponed until the next sitting.
Other
Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Cowan:
That the following humble Address be presented to Her Excellency, The Right Honourable Michaëlle Jean, Governor General of Canada:
MAY IT PLEASE YOUR EXCELLENCY:
WHEREAS full representation in the Senate of Canada is a constitutional guarantee to every province as part of the compromise that made Confederation possible;
AND WHEREAS the stated position of the Prime Minister that he "does not intend to appoint senators, unless necessary'' represents a unilateral denial of the rights of the provinces;
AND WHEREAS the Prime Minister's disregard of the Constitution of Canada places the Governor General in the intolerable situation of not being able to carry out her sworn duties under section s. 32 of the Constitution Act, 1867, which states, "When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy.'';
AND WHEREAS upon the failure of the Prime Minister to tender advice it is the duty of the Governor General to uphold the Constitution of Canada and its laws and not be constrained by the willful omission of the Prime Minister;
Therefore, we humbly pray that Your Excellency will exercise Her lawful and constitutional duties and will summon qualified persons to the Senate of Canada, thereby assuring that the people and regions of our country have their full representation in a properly functioning Parliament, as that is their undeniable right guaranteed in the Constitution of Canada;
And on the motion in amendment of the Honourable Senator Tkachuk, seconded by the Honourable Senator Comeau, that the motion be amended by deleting all words after "MAY IT PLEASE YOUR EXCELENCY:'' and replacing them by the following:
We humbly pray that Your Excellency will continue to exercise Her lawful and constitutional duties and summon qualified persons to the Senate of Canada, upon the advice of the Prime Minister which has been the practice since Confederation;
And on the sub-amendment of the Honourable Senator Banks, seconded by the Honourable Senator Day, that the motion in amendment be amended by deleting all words after "Canada,'' and replacing them with the following:
thereby assuring that the people and regions of our country have their full representation in a properly functioning Parliament, as that is their undeniable right guaranteed in the Constitution of Canada.
After debate,
The Honourable Senator Moore moved, seconded by the Honourable Senator Kenny, that further debate on the sub-amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 6, 3, 11, 69 (motions), 4, 6 (inquiries), 65 (motion), 3, 1 (inquiries) and 4 (motion) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Stollery called the attention of the Senate to the need for reforms to the Canadian International Development Agency.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Nolin, 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 Kenny moved, seconded by the Honourable Senator Moore:
That, notwithstanding rule 95(4), the Standing Senate Committee on National Security and Defence be authorized to sit on Monday, December 17, 2007, from 4 p.m. to 8 p.m., even though the Senate might be sitting at that time.
The question being put on the motion, it was adopted.
The Honourable Senator Kenny moved, seconded by the Honourable Senator Moore:
That, pursuant to Rule 95(3)(a), the Standing Senate Committee on National Security and Defence be authorized to sit on Monday, December 17, 2007, and on another day to be determined in January 2008, even though the Senate may then be adjourned for a period exceeding one week.
After debate,
In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stratton, that the motion be amended by adding the following after the words "exceeding one week'':
", provided that a member of the Government and a member of the Opposition are in attendance''.
After debate,
The question being put on the motion in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Kenny, seconded by the Honourable Senator Moore:
That, pursuant to Rule 95(3)(a), the Standing Senate Committee on National Security and Defence be authorized to sit on Monday, December 17, 2007, and on another day to be determined in January 2008, even though the Senate may then be adjourned for a period exceeding one week, provided that a member of the Government and a member of the Opposition are in attendance.
The motion, as amended, was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Copy of the Eligible Financial Contract General Rules (Bankruptcy and Insolvency) (SOR/2007-256) made by Order in Council P.C. 2007-1731 on November 15, 2007, pursuant to the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, sbs. 209(2). —Sessional Paper No. 2/39-298.
Copy of the Eligible Financial Contract General Rules (Companies' Creditors Arrangement Act) (SOR/2007-257), made by Order in Council P.C. 2007-1732 on November 15, 2007, pursuant to the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, sbs. 18(3).—Sessional Paper No. 2/39-299.
Copy of Order in Council P.C. 2007-552 dated April 19, 2007, concerning the Order amending the Direction to the CRTC (Ineligibility to Hold Broadcasting Licences) (SOR/JUS-608390), pursuant to the Broadcasting Act, S.C. 1991, c. 11, sbs. 26(3). —Sessional Paper No. 2/39-300.
Agreement between Canada, the Province of Newfoundland and Labrador and the Inuit Community Government of the Inuit Community of Hopedale for the Royal Canadian Mounted Police First Nation Community Policing Services (August 1, 2006 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-301.
Agreement between Canada, the Province of Newfoundland and Labrador and the Inuit Community Government of the Inuit Community of Makkovik for the Royal Canadian Mounted Police First Nation Community Policing Services (August 1, 2006 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-302.
Agreement between Canada, the Province of Newfoundland and Labrador and the Inuit Community Government of the Inuit Community of Nain for the Royal Canadian Mounted Police First Nation Community Policing Services (August 1, 2006 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-303.
Agreement between Canada, the Province of Newfoundland and Labrador and the Inuit Community Government of the Inuit Community of Rigolet for the Royal Canadian Mounted Police First Nation Community Policing Services (August 1, 2006 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-304.
Agreement between Canada, the Province of Nova Scotia and the Membertou Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - September 30, 2007), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-305.
Agreement between Canada, the Province of Nova Scotia and the Wagmatcook Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2008), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-306.
Agreement between Canada, the Province of British Columbia and the Akisq'nuk and Lower Kootenay, St. Mary's and Tobacco Plains Indian Bands for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-307.
Agreement between Canada, the Province of British Columbia and the Blueberry River, Doig River and Halfway River First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-308.
Agreement between Canada, the Province of British Columbia and the Burns Lake, Cheslatta Carrier, Lake Babine, Nee-Tahi-Buhn, Skin Tyee and Wet'suwet'en First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-309.
Agreement between Canada, the Province of British Columbia and the Campbell River Indian Band (Wei Wai Kum), the Cape Mudge Indian Band (We Wai Kai) and the Homalco First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-310.
Agreement between Canada, the Province of British Columbia and the Canim Lake Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-311.
Agreement between Canada, the Province of British Columbia and the Canoe Creek and Esketemc First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-312.
Agreement between Canada, the Province of British Columbia and the Chemainus First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-313.
Agreement between Canada, the Province of British Columbia and the Cowichan Tribes for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-314.
Agreement between Canada, the Province of British Columbia and the Dease River, Iskut and Tahltan First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/ 39-315.
Agreement between Canada, the Province of British Columbia and the Kamloops Indian Band, Whispering Pines/ Clinton Indian Band and Skeetchestn Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-316.
Agreement between Canada, the Province of British Columbia and the Ka:'yu:'k't'h'/Che:k:tles7et'h' First Nations for the Royal Canadian Mounted Police First Nations Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-317.
Agreement between Canada, the Province of British Columbia and the Kitamaat (Haisla) First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-318.
Agreement between Canada, the Province of British Columbia and the Kwakiutl, Gaw'sala-nakwaxda'xw and Quatsino First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-319.
Agreement between Canada, the Province of British Columbia and the Nanoose First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-320.
Agreement between Canada, the Province of British Columbia and the Old Masset Village Council for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-321.
Agreement between Canada, the Province of British Columbia and the Penticton Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2007 - March 31, 2012), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-322.
Agreement between Canada, the Province of British Columbia and the Red Bluff Indian Band (Lhtako Dene Nation), Nazko Indian Band, Alexandria Indian Band and Kluskus Indian Band (Lhoosk'uz Dene Government) for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-323.
Agreement between Canada, the Province of British Columbia and the Sechelt Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-324.
Agreement between Canada, the Province of British Columbia and the Sliammon First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-325.
Agreement between Canada, the Province of British Columbia and the Snuneymuxw First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs.20(5).—Sessional Paper No. 2/39-326.
Extension Agreement between Canada, the Province of British Columbia and the Spallumcheen Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2005 — March 31, 2006), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-327.
Agreement between Canada, the Province of British Columbia and the Spallumcheen Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-328.
Agreement between Canada, the Province of British Columbia and the Sto:lo Tribal Council and the Chehalis First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/ 39-329.
Agreement between Canada, the Province of British Columbia and the Takla Lake First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-330.
Agreement between Canada, the Province of British Columbia and the Tsay Keh Dene and Kwadacha First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/ 39-331.
Agreement between Canada, the Province of British Columbia and the Williams Lake Band and Soda Creek Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs.20(5).—Sessional Paper No. 2/39-332.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Ahtahkakoop First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs.20(5).—Sessional Paper No. 2/39-333.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Big Island Lake Cree Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2005 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs.20(5).—Sessional Paper No. 2/39-334.
Agreement between Canada, the Province of Saskatchewan, and the Black Lake First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2007 - March 31, 2012), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-335.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Fond du Lac First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs.20(5).—Sessional Paper No. 2/39-336.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Hatchet Lake First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-337.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Lac La Ronge Indian Band for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-338.
Agreement between Canada, the Province of Saskatchewan, and the Makwa Sahgaiehcan First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-339.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Mistawasis First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2005 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-340.
Amendment number one to the Agreement between Canada, the Province of Saskatchewan, and the Montreal Lake Cree Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-341.
Agreement between Canada, the Province of Saskatchewan, and the Muskeg Lake Cree Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2007 - March 31, 2012), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs.20(5).—Sessional Paper No. 2/39-342.
Agreement between Canada, the Province of Saskatchewan, and the Onion Lake Cree Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2008), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-343.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Pelican Lake and Witchekan Lake First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2005 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-344.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Peter Ballantyne Cree Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2005 - March 31, 2007), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-345.
Amendment number one of the Agreement between Canada, the Province of Saskatchewan, and the Qu'Appelle First Nations for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2005 - March 31, 2010), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-346.
Agreement between Canada, the Province of Saskatchewan, and the Sweetgrass First Nation for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2006 - March 31, 2011), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-347.
Termination Agreement between Canada, the Province of Saskatchewan, and the Touchwood Agency Tribal Council Inc for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2002 - March 31, 2007), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/39-348.
Agreement between Canada, the Province of Saskatchewan, and the Touchwood Agency Tribal Council Inc for the Royal Canadian Mounted Police First Nation Community Policing Services (April 1, 2007 - March 31, 2008), pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5). —Sessional Paper No. 2/39-349.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Nolin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:05 p.m. the Senate was continued until 9 a.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The name of the Honourable Senator Moore substituted for that of the Honourable Senator Adams (December 12).
The name of the Honourable Senator Adams substituted for that of the Honourable Senator Moore (December 13).
Standing Senate Committee on Banking, Trade and Commerce
The name of the Honourable Senator Nolin substituted for that of the Honourable Senator Meighen (December 12).