Journals of the Senate
59 Elizabeth II, A.D. 2010, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 13
Tuesday, March 30, 2010
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Baker, Banks, Boisvenu, Brazeau, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Day, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, 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, Boisvenu, Brazeau, Callbeck, Campbell, Carignan, *Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, *Dawson, Day, *De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, *Keon, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of documents
The Honourable the Speaker tabled the following:
Report of the Canadian Human Rights Tribunal for the year 2009, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(4).—Sessional Paper No. 3/40-100.
Report of the Canadian Human Rights Commission for the year 2009, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(4), and the Employment Equity Act, S.C. 1995, c. 44, s. 32.—Sessional Paper No. 3/40-101.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Third reading of Bill C-6, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2010.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
° ° °
Third reading of Bill C-7, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Rivard, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed, on division.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill.
Order No. 3 was called and postponed until the next sitting.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Comeau, calling the attention of the Senate to the budget entitled, Leading the Way on Jobs and Growth, tabled in the House of Commons on March 4, 2010, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on March 9, 2010.
After debate,
The Honourable Senator Murray, P.C., moved, seconded by the Honourable Senator Champagne, P.C., 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 Comeau moved, seconded by the Honourable Senator LeBreton, P.C.:
That the proceedings on the Order of the Day for resuming the debate on the motion for the Address in reply to Her Excellency the Governor General's Speech from the Throne addressed to both Houses of Parliament be concluded no later than Wednesday, April 14, 2010.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Poirier, seconded by the Honourable Senator Runciman:
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 Dickson, 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
Second reading of Bill S-214, An Act to amend the Bankruptcy and Insolvency Act and other Acts (unfunded pension plan liabilities).
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Tardif, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Champagne, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Munson, for the second reading of Bill S-201, An Act to amend the Office of the Superintendent of Financial Institutions Act (credit and debit cards).
After debate,
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Tardif, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
° ° °
Orders No. 9 to 13 were called and postponed until the next sitting.
_________
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Standing Senate Committee on Agriculture and Forestry and the Standing Senate Committee on Energy, the Environment and Natural Resources have power to sit from 5 p.m. today, even though the Senate may then be sitting, and that the application of rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Senate Public Bills
Second reading of Bill S-216, An Act to amend the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act in order to protect beneficiaries of long term disability benefits plans.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Tardif, that the bill be read the second time.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 3 (inquiry) was called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the importance to the Acadian people of the Acadian flag — a flag that brings people together.
After debate,
The Honourable Senator Losier-Cool moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 and 4 (inquiries) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Finley called the attention of the Senate to the issue of the erosion of Freedom of Speech in our country.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cowan, 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 Segal moved, seconded by the Honourable Senator Nolin:
That the Senate approve in principle the installation of equipment necessary for broadcast quality audio-visual recording of its proceedings and other approved events in the Senate Chamber and in no fewer than four rooms ordinarily used for meetings by committees of the Senate;
That for the purposes set out in the following paragraph, public proceedings of the Senate and of its Committees be recorded by this equipment, subject to policies, practices and guidelines approved from time to time by the Standing Committee on Internal Economy, Budgets and Administration ("the Committee'');
That proceedings categorized according to subjects of interest be prepared and made available for use by any television broadcaster or distributor of audio-visual programs, subject to the terms specified in any current or future agreements between the Senate and that broadcaster or distributor;
That such selected proceedings also be made available on demand to the public on the Parliamentary Internet;
That the Senate engage by contract a producer who shall, subject only to the direction of that Committee, make the determination of the program content of the proceedings of the Senate and of its committees on a gavel to gavel basis;
That equipment and personnel necessary for the expert preparation and categorization of broadcast-quality proceedings be secured for these purposes; and
That the Committee be instructed to take measures necessary to the implementation of this motion.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Banks, moved, seconded by the Honourable Senator Poulin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Wallin moved, seconded by the Honourable Senator Comeau:
That the Standing Senate Committee on National Security and Defence be authorized to study:
(a) services and benefits provided to members of the Canadian Forces; to veterans who have served honourably in Her Majesty's Canadian Armed Forces in the past; to members and former members of the Royal Canadian Mounted Police and its antecedents; and all of their families;
(b) commemorative activities undertaken by the Department of Veterans' Affairs Canada, to keep alive for all Canadians the memory of Canadian veterans' achievements and sacrifices; and
(c) continuing implementation of the New Veterans' Charter;
That the papers and evidence received and taken during the First and Second Sessions of the Fortieth Parliament be referred to the Committee; and
That the Committee report to the Senate no later than June 17, 2011, and that the Committee retain all powers necessary to publicize its findings until 90 days after the tabling of the final report.
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 Nuclear Safety Commission for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-77.
Report of the Staff of the Non-Public Funds, Canadian Forces for the year 2008, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-78.
Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).—Sessional Paper No. 3/40-79.
Report of the Communications Security Establishment for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-80.
Report of the National Energy Board for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-81.
Report of the National Film Board of Canada for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-82.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-83.
Report of the Natural Sciences and Engineering Research Council for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-84.
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-85.
Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-86.
Report of the Statistical Survey Operations for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-87.
Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. M-5, s. 67.—Sessional Paper No. 3/40-88.
Report on the Public Service Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2009, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 3/40-89.
Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 3/40-90.
Report of the Employment Equity in the Federal Public Service for the years 2008-2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 3/40-91.
Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2009, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 3/40-92.
Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-93.
Report of the Canada Revenue Agency for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-94.
Report of the Parks Canada Agency for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-95.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-96.
Report of the Royal Canadian Mounted Police (RCMP) for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-97.
Report of National Defence (Canadian Forces) for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-98.
Report of the Canadian Institutes of Health Research for the fiscal year ended March 31, 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 3/40-99.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:05 p.m. the Senate was continued until 2 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 Raine replaced the Honourable Senator Housakos (March 30, 2010).
The Honourable Senator Carignan replaced the Honourable Senator Frum (March 30, 2010).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Downe (March 30, 2010).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Plett (March 30, 2010).
The Honourable Senator Meighen replaced the Honourable Senator Marshall (March 30, 2010).