59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 5

Thursday, March 11, 2010
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Baker, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Marshall, Martin, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Baker, Boisvenu, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, *Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Jaffer, Johnson, Keon, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Marshall, Martin, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith, St. Germain, Stewart Olsen, Stollery, Stratton, 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

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Presentation of Reports from Standing or Special Committees

The Honourable Senator St. Germain, P.C., tabled the following (Sessional Paper No. 3/40-29S):

Thursday, March 11, 2010

The Standing Senate Committee on Aboriginal Peoples 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 matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred for that purpose during the Second Session of the Fortieth Parliament are as follows:

1. With respect to its studies of legislation:

Professional and Other Services:	$ —
Transport and Communications:	—
All other expenditures:	—
Witness Expenses:	11,070
TOTAL:	$ 11,070

2. With respect to its special study on the federal government's constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Metis peoples and on other matters generally relating to the Aboriginal Peoples of Canada:

Professional and Other Services:	$ 16,061
Transport and Communications:	111,234
All other expenditures:	37,149
Witness Expenses:	5,163
TOTAL:	$ 169,608

In addition to the expenses for the examination of legislation and for its special study as set out above, your committee also incurred general postal charges in the amount of $34.

Your committee examined 3 bills, which it reported without amendment:

Bill C-28, An Act to amend the Cree-Naskapi (of Quebec) Act; Bill C-41, An Act to give effect to the Maanulth First Nations Final Agreement and to make consequential amendments to other Acts; and Bill C-5, An Act to amend the Indian Oil and Gas Act.

During the session under consideration, your committee considered 5 orders of reference, including 3 bills, held 55 meetings, and heard more than 85 hours of testimony from 171 witnesses. In total, your committee produced 9 reports.

Respectfully submitted,

GERRY ST. GERMAIN

Chair

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The Honourable Senator Meighen tabled the following (Sessional Paper No. 3/40-30S):

Thursday, March 11, 2010

The Standing Senate Committee on Banking, Trade and Commerce 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 matters as were referred to it, reports, pursuant to Rule 104 (2), that the expenses incurred for that purpose during the Second Session of the Fortieth Parliament are as follows:

1. With respect to its examination and consideration of legislation:

Professional and other services	$ 2,125
Transportation and Communications	—
All other expenditures	5,800
Witness expenses	8,194
TOTAL	$ 16,119

2. With respect to its special study on Credit and Debit Cards authorized by the Senate on Tuesday, March 2, 2009:

Professional and other services	$ —
Transportation and Communications	—
All other expenditures	—
Witness expenses	1,566
TOTAL	$ 1,566

During the session, your Committee held 37 meetings (65.2 hours), heard 112 witnesses and submitted 5 reports in relation to its work. Your Committee examined 5 bills ((Part 12) contained in Bill C-10, S-203, C-4, S-232 and S-8) and received a total of 7 orders of reference.

Respectfully submitted,

MICHAEL A. MEIGHEN

Chair

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The Honourable Senator Carstairs, P.C., tabled the following (Sessional Paper No. 3/40-31S):

Thursday, March 11, 2010

REPORT

The Special Senate Committee on Aging, which was authorized by the Senate on Tuesday, February 10, 2009 to Study on the implications of an aging society in Canada, reports, pursuant to Rule 104, that the expenses incurred by the Committee during Second Session of the Fortieth Parliament are as follows:

Professional and Other Services:	$ 5,469
Transport and Communications:	—
Other Expenditures:	—
Witness Expenses:	—
TOTAL:	$ 5,469

In addition to the expenses for its special study as set out above, the committee also incurred general postal charges in the amount of $2,321.

During this session, your committee received 1 order of reference, held 3 meetings and submitted 2 reports in relation to its work.

Respectfully submitted,

SHARON CARSTAIRS

ORDERS OF THE DAY

A point of order was raised with respect to attendance in the Senate and rule 136(5).

Debate.

SPEAKER'S RULING

Honourable senators, Senator Wallace has drawn our attention to rule 136(5) quite accurately, but I also would like to draw the attention of honourable senators to rule 20(1) which reads as follows:

If at any sitting of the Senate, or in Committee of the Whole, a Senator shall take notice that strangers are present, the Speaker or the Chairman (as the case may be) shall forthwith put the question ``That strangers be ordered to withdraw'', without permitting any debate or amendment.

A senator who, pursuant to the rules — as pointed out by Senator Wallace — is on a leave of absence or suspended under rule 141, is in a very real sense, a stranger.

The point I am making is that, as your chair, I did not observe Senator Lavigne in this place, nor was it drawn to the chair's attention. Senator Wallace has drawn it to our attention, and it is a fact that in the record his name appears as being present. We could refer to guidance from Beauchesne's, the sixth edition at page 97, which points out, in paragraph 321:

A point of order against procedure must be raised promptly and before the question has passed to a stage at which the objection would be out of place.

The fact is that Senator Lavigne, apparently, took his place in the Senate although improperly, as has been pointed out by Senator Wallace. This discussion is now all on the record and, unless honourable senators feel that we have to expunge the name from those present yesterday, I suggest that the record now makes the matter clear.

GOVERNMENT BUSINESS

INQUIRIES

Order No. 1 was called and postponed until the next sitting.

Motions

Order No. 1 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 6 were called and postponed until the next sitting.

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Second reading of Bill S-209, An Act respecting a national day of service to honour the courage and sacrifice of Canadians in the face of terrorism, particularly the events of September 11, 2001.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Marshall, that the bill be read the second time.

After debate,

The Honourable Senator Segal moved, seconded by the Honourable Senator Angus, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

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Order No. 8 was called and postponed until the next sitting.

Commons Public Bills

Order No. 1 was called and postponed until the next sitting.

Reports of Committees

Order No. 1 was called and postponed until the next sitting.

Other

Order No. 4 (inquiry) was called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Cowan called the attention of the Senate to the issues relating to realistic and effective parliamentary reform.

After debate,

The Honourable Senator Segal moved, seconded by the Honourable Senator Keon, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

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The Honourable Senator Carstairs, P.C., called the attention of the Senate to the Impact of Dementia on the Canadian Society.

After debate,

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, 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 Angus moved, seconded by the Honourable Senator Andreychuk:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on emerging issues related to its mandate:

(a) The current state and future direction of production, distribution, consumption, trade, security and sustainability of Canada's energy resources;

(b) Environmental challenges facing Canada including responses to global climate change, air pollution, biodiversity and ecological integrity;

(c) Sustainable development and management of renewable and non-renewable natural resources including but not limited to water, minerals, soils, flora and fauna; and

(d) Canada's international treaty obligations affecting energy, the environment and natural resources and their influence on Canada's economic and social development.

That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Thirty-ninth Parliament be referred to the committee; and

That the committee submit its final report no later than June 30, 2011 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

The question being put on the motion, it was adopted.

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The Honourable Senator Angus moved, seconded by the Honourable Senator Andreychuk:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on the current state and future of Canada's energy sector (including alternative energy). In particular, the committee shall be authorized to:

(a) Examine the current state of the energy sector across Canada, including production, manufacturing, transportation, distribution, sales, consumption and conservation patterns;

(b) Examine the federal and provincial/territorial roles in the energy sector and system in Canada;

(c) Examine current domestic and international trends and anticipated usage patterns and market conditions, including trade and environmental measures and opportunities, likely to influence the sector's and energy system's future sustainability;

(d) Develop a national vision for the long-term positioning, competitiveness and security of Canada's energy sector; and

(e) Recommend specific measures by which the federal government could help bring that vision to fruition.

That the papers and evidence received and taken and work accomplished by the committee on this subject since the beginning of the Second Session of the Fortieth Parliament be referred to the committee; and

That the committee submit its final report no later than June 30, 2011 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

The question being put on the motion, it was adopted.

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The Honourable Senator Mockler moved, seconded by the Honourable Senator Keon:

That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on the current state and future of Canada's forest sector. In particular, the Committee shall be authorized to:

(a) Examine the causes and origins of the current forestry crisis;

(b) Examine the federal role in the forest sector in Canada;

(c) Examine and promote the development and commercialisation of value added products;

(d) Examine potential changes to the National Building Code of Canada 2005 to increase the utilization of wood;

(e) Examine education in the wood science sector;

(f) Develop a vision for the long-term positioning and competitiveness of the forest industry in Canada; and

(g) Recommend specific measures to be put forward by the federal government to lay the foundations of that vision.

That the papers and evidence received and taken on the subject and the work accomplished during the Second session of the Fortieth Parliament be referred to the Committee; and

That the Committee submit its final report to the Senate no later than December 31, 2010.

The question being put on the motion, it was adopted.

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The Honourable Senator Mockler moved, seconded by the Honourable Senator Ogilvie:

That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on the current state and future of agriculture and agri-food in Canada;

That the papers and evidence received and taken on the subject and the work accomplished during the Thirty-ninth Parliament and during the Second Session of the Fortieth Parliament be referred to the Committee; and

That the Committee submit its final report to the Senate no later than June 17, 2011.

The question being put on the motion, it was adopted.

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With leave,

The Senate reverted to Government Notices of Motions.

With leave of the Senate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Keon:

That when the Senate adjourns today, it do stand adjourned until Tuesday, March 16, 2010, at 2 p.m.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):

Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 2009, pursuant to the Canadian Wheat Board Act, R.S.C. 1985, c. C-24, sbs. 9(2).—Sessional Paper No. 3/40-28.

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 4:25 p.m. the Senate was continued until Tuesday, March 16, 2010 at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Merchant replaced the Honourable Senator Banks (March 10, 2010).