Journals of the Senate
58 Elizabeth II, A.D. 2009, Canada
Journals of the Senate
2nd Session, 40th Parliament
Issue 78
Tuesday, December 8, 2009
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Seidman, St. Germain, Stewart Olsen, Stollery, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Grafstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Keon, Kinsella, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Martin, Massicotte, McCoy, Meighen, Mercer, Milne, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, *Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Segal, Seidman, St. Germain, Stewart Olsen, Stollery, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer
The first list records senators present in the Senate Chamber during the course of the sitting.
An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.
PRAYERS
SPEAKER'S STATEMENT
As you are aware, an incident occurred yesterday when 19 persons climbed onto the porch over the Senate entrance as well as the roof of the West Block.
A number of senators, their staff, and members of the Administration had their access to Parliament impeded. What is more, emergency responders were inconvenienced by unnecessarily having to respond, and other difficulties were caused by this assault.
These individuals may have sought to convey a message to the government, yet the real target of their action ended up being Parliament itself.
Honourable senators, we will all agree that this was a deplorable assault. This incident was a direct attack against the dignity of Parliament.
The Senate is offended by such a reprehensible display of disregard for the position of this body and all of Parliament, the very institution that represents and safeguards the rights and liberties of all Canadians.
It is my hope and, I believe, that of all senators that this act will be recognized not just as an affront to Parliament, but to all the people we represent.
SENATORS' STATEMENTS
Some honourable senators made statements.
DAILY ROUTINE OF BUSINESS
Presentation of Reports from Standing or Special Committees
The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its thirteenth report (interim) entitled: In from the Margins: A Call to Action on Poverty, Housing and Homelessness. —Sessional Paper No. 2/40-888S.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Watt, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its eleventh report (Supplementary Estimates (B), 2009-2010).
(The report is printed as an appendix at pages 1559-1584 (available in print format PDF).)
The Honourable Senator Day moved, seconded by the Honourable Senator Dawson, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Day presented the following:
Tuesday, December 8, 2009
The Standing Senate Committee on National Finance has the honour to present its
TWELFTH REPORT
Your committee, to which was referred Bill C-51, An Act to implement certain provisions of the budget tabled in Parliament on January 27, 2009 and to implement other measures, has, in obedience to its order of reference of December 2, 2009, examined the said bill and now reports the same with the following amendments:
1. Page 46, clause 62: Add, after the heading "Bankruptcy and Insolvency Act'' and before line 26, the following:
"62.1 (1) Clause 60(1.5)(a)(ii)(A) of the Bankruptcy and Insolvency Act is replaced by the following:
(A) an amount equal to the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, and any amount considered to meet the standards for solvency determined in accordance with section 9 of those Regulations, that were required to be paid by the employer to the fund, and
(2) Clause 60(1.5)(a)(iii)(A) of the Act is replaced by the following:
(A) an amount equal to the amount that would be the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, and any amount considered to meet the standards for solvency determined in accordance with section 9 of those Regulations, that the employer would be required to pay to the fund if the prescribed plan were regulated by an Act of Parliament, and''.
2. Page 46, clause 63: Add after line 29 the following:
"63.1 The Act is amended by adding the following after subsection 81.3(1):
81.3 (1.1) The claim of a clerk, servant, travelling salesperson, labourer or worker who is owed termination and severance pay by a bankrupt, less any amount paid by the trustee or by a receiver for that termination or severance pay, is secured as of the date of the bankruptcy by security on the bankrupt's current assets as of the date of the bankruptcy.
63.2 The Act is amended by adding the following after subsection 81.4(1):
81.4 (1.1) The claim of a clerk, servant, travelling salesperson, labourer or worker who is owed termination and severance pay by a person who is subject to a receivership, less any amount paid by a receiver or trustee for that termination or severance pay, is secured by security on the person's current assets that are in the possession or under the control of the receiver.
63.3 (1) Subparagraph 81.5(1)(b)(i) of the Act is replaced by the following:
(i) an amount equal to the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, and any amount considered to meet the standards for solvency determined in accordance with section 9 of those Regulations, that were required to be paid by the employer to the fund, and
(2) Subparagraph 81.5(1)(c)(i) of the Act is replaced by the following:
(i) an amount equal to the amount that would be the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, and any amount considered to meet the standards for solvency determined in accordance with section 9 of those Regulations, that the employer would be required to pay to the fund if the prescribed plan were regulated by an Act of Parliament, and
63.4 (1) Subparagraph 81.6(1)(b)(i) of the Act is replaced by the following:
(i) an amount equal to the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, and any amount considered to meet the standards for solvency determined in accordance with section 9 of those Regulations, that were required to be paid by the employer to the fund, and
(2) Subparagraph 81.6(1)(c)(i) of the Act is replaced by the following:
(i) an amount equal to the amount that would be the normal cost, within the meaning of subsection 2(1) of the Pension Benefits Standards Regulations, 1985, and any amount considered to meet the standards for solvency determined in accordance with section 9 of those Regulations, that the employer would be required to pay to the fund if the prescribed plan were regulated by an Act of Parliament, and''.
Respectfully submitted,
JOSEPH A. DAY
Chair
The Honourable Senator Day moved, seconded by the Honourable Senator Dawson, that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Andreychuk presented the following:
Tuesday, December 8, 2009
The Standing Senate Committee on Human Rights has the honour to present its
FOURTH REPORT
Your committee, to which was referred Bill S-223, An Act to amend the Immigration and Refugee Protection Act and to enact certain other measures in order to provide assistance and protection to victims of human trafficking, has, in obedience to the order of reference of Tuesday, September 29, 2009, examined the said Bill and now reports the same with the following amendments:
1. Page 1, long title: Replace the long title on page 1 with the following:
"An Act to amend the Immigration and Refugee Protection Act (victims of trafficking in persons)''.
2. Page 1, clause 1: Replace lines 4 and 5 with the following:
"1. This Act may be cited as the Victims of Trafficking in Persons Protection Act.''.
3. Page 1, clause 2: Replace lines 6 to 17 with the following:
"2. The purpose of this Part is to provide for specific legislative measures to assist and protect victims of trafficking in persons who are without legal status in Canada by providing a means for them to legalize their status as temporary residents and facilitating their eventual acquisition of permanent resident status in appropriate circumstances.''.
4. Pages 2 and 3, clause 3:
(a) on page 2, replace lines 1 to 15 on page 2 with the following:
"24.1 (1) In this section and in section 24.2, "victim of trafficking in persons'' means a foreign national who is a victim, as defined in section 2 of the Criminal Code, of the offence set out in section 279.01 of that Act or in section 118 of this Act.
(2) An officer may, at the request of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim of trafficking protection permit — which may be cancelled at any time — authorizing'';
(b) on page 2, replace lines 21 to 31 with the following:
"(b) the officer is of the opinion that
(i) the foreign national may be, or may have been, a victim of trafficking in persons in, or in the course of coming into, Canada, and
(ii) issuing the permit is otherwise justified in the circumstances.
(3) In applying subsection (2), the officer shall act in accordance with any instructions that the Minister may make.
(4) The holder of the victim of trafficking protection permit issued under subsection (2) is eligible for the same federal health services as is a person who has made a claim for refugee protection inside Canada.''; and
(c) on page 2, replace lines 32 to 52, on page 3, lines 1 to 30 with the following:
"24.2 (1) An officer may, at the request of a foreign national who is inadmissible or does not meet the requirements of this Act, issue a victim of trafficking protection permit — which may be cancelled at any time — authorizing the foreign national to remain in Canada as a temporary resident for a period of up to three years if
(a) the foreign national is physically present in Canada; and
(b) the officer is of the opinion that
(i) the foreign national is or has been a victim of trafficking in persons in, or in the course of coming into, Canada, and
(ii) issuing the permit is otherwise justified in the circumstances.
(2) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.
(3) A person who holds a victim of trafficking protection permit issued under subsection (1) may not be charged with an offence under section 122, paragraph 124(1)(a) or section 127 of this Act or under section 57, paragraph 340(c) or section 354, 366, 368, 374 or 403 of the Criminal Code, in relation to the coming into Canada of the person.''.
5. Page 3, clause 4: Replace lines 37 and 38 with the following:
"porary resident permit or a victim of trafficking protection permit.''.
6. Page 3, clause 5: Replace lines 42 and 43 with the following:
"resident permit or victim of trafficking protection permit.''.
7. Page 3, clause 6: Replace line 47 with the following:
"(d.1) the number of victim of trafficking protection per''.
8. Page 4, delete clause 7.
9. Page 4, delete clause 8.
10. Page 4, clause 9: Replace lines 37 to 39 with the following:
"9. This Act comes into force on the day that is one year after the day on which it receives royal assent or on an earlier day to be fixed by order of the Governor in Council.''.
Respectfully submitted,
RAYNELL ANDREYCHUK
Chair
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Keon, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Grafstein tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Council of State Governments' Eastern Regional Conference 49th Annual Meeting and Regional Policy Forum, held in Burlington, United States, from August 2 to 5, 2009.—Sessional Paper No. 2/40-889.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Southern Governors' Association 75th Annual Meeting, held in Williamsburg, United States, from August 21 to 24, 2009. —Sessional Paper No. 2/40-890.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Council of State Governments — 63rd Annual Meeting of the Southern Legislative Conference, held in Winston-Salem, United States, from August 15 to 19, 2009.—Sessional Paper No. 2/40-891.
Notices of Motions
With leave of the Senate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser:
That a photographer be authorized in the Senate Chamber on Wednesday, December 9, 2009, during tributes for the Honourable Senator Grafstein, on the occasion of his retirement from the Senate, with the least possible disruption of the proceedings.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
A point of order was raised with respect to the acceptability of the Standing Senate Committee on National Finance's twelfth report on Bill C-51.
After debate,
The Speaker reserved his decision.
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-27, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act.
The Honourable Senator Oliver moved, seconded by the Honourable Senator Di Nino, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Munson, 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 to 6 were called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Motions
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C.:
That, notwithstanding the order adopted by the Senate on February 10, 2009, when the Senate sits on Wednesday, December 9, 2009, it continue its proceedings beyond 4 p.m. and follow the normal adjournment procedure according to rule 6(1); and
That committees of the Senate scheduled to meet on Wednesday, December 9, 2009, be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the twelfth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C- 15, An Act to amend the Controlled Drugs and Substances Act and to make related and consequential amendments to other Acts, with amendments), presented in the Senate on December 3, 2009.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Pépin, that the report be adopted.
After debate,
The question was put on the motion.
With leave of the Senate, a standing vote was deferred until 5 p.m. tomorrow, with the bells to sound at 4:45 p.m. for fifteen minutes.
° ° °
Consideration of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-6, An Act respecting the safety of consumer products, with amendments), presented in the Senate on December 3, 2009.
The Honourable Senator Day moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
Debate.
Ordered, That committees of the Senate scheduled to meet today be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
Reports of Committees
The Senate resumed debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Joyal, P.C., for the adoption of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-6, An Act respecting the safety of consumer products, with amendments), presented in the Senate on December 3, 2009.
After debate,
The question was put on the motion.
With leave of the Senate, a standing vote was deferred until 4:30 p.m. tomorrow, with the bells to sound at 4:15 p.m. for fifteen minutes.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Report on Crown Corporations and Other Corporate Interests of Canada, together with the Auditor General's Report, for the year 2009, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 151(1) and 152(1).—Sessional Paper No. 2/40-887.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:10 p.m. the Senate was continued until 1:30 p.m. tomorrow.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Banks (December 8, 2009).
The Honourable Senator Frum replaced the Honourable Senator Neufeld (December 7, 2009).
The Honourable Senator Banks replaced the Honourable Senator Kenny (December 3, 2009).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Watt replaced the Honourable Senator Munson (December 3, 2009).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Nolin replaced the Honourable Senator Stratton (December 3, 2009).
The Honourable Senator Angus replaced the Honourable Senator Lang (December 3, 2009).
The Honourable Senator Banks replaced the Honourable Senator Carstairs, P.C. (December 3, 2009).
The Honourable Senator Campbell replaced the Honourable Senator Mercer (December 3, 2009).
Standing Senate Committee on National Finance
The Honourable Senator Baker, P.C., replaced the Honourable Senator Eggleton, P.C. (December 8, 2009).
The Honourable Senator Callbeck replaced the Honourable Senator Fairbairn, P.C. (December 7, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Peterson (December 7, 2009).
The Honourable Senator Carstairs, P.C., replaced the Honourable Senator Chaput (December 7, 2009).
The Honourable Senator Lang replaced the Honourable Senator Neufeld (December 7, 2009).
The Honourable Senator Neufeld replaced the Honourable Senator Lang (December 7, 2009).
The Honourable Senator Carignan replaced the Honourable Senator Rivard (December 4, 2009).
The Honourable Senator Lang replaced the Honourable Senator Neufeld (December 3, 2009).
The Honourable Senator Fairbairn, P.C., replaced the Honourable Senator Callbeck (December 3, 2009).
The Honourable Senator Peterson replaced the Honourable Senator Mitchell (December 3, 2009).
The Honourable Senator Chaput replaced the Honourable Senator Dawson (December 3, 2009).
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Merchant (December 3, 2009).
The Honourable Senator Callbeck replaced the Honourable Senator Mahovlich (December 3, 2009).
Standing Senate Committee on National Security and Defence
The Honourable Senator Meighen replaced the Honourable Senator Lang (December 8, 2009).
The Honourable Senator Mitchell replaced the Honourable Senator Zimmer (December 7, 2009).
The Honourable Senator Lang replaced the Honourable Senator Meighen (December 7, 2009).
The Honourable Senator Banks replaced the Honourable Senator Downe (December 3, 2009).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Moore replaced the Honourable Senator Harb (December 4, 2009).
The Honourable Senator Harb replaced the Honourable Senator Moore (December 3, 2009).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Keon replaced the Honourable Senator Nolin (December 3, 2009).
The Honourable Senator Munson replaced the Honourable Senator Day (December 3, 2009).