59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 70

Thursday, November 25, 2010
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Banks, Boisvenu, Brazeau, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Kochhar, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Mercer, Mockler, Moore, Munson, Murray, Nancy Ruth, Ogilvie, Patterson, Pépin, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, *Angus, Ataullahjan, Baker, Banks, Boisvenu, Brazeau, *Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, *Fraser, Frum, 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, Ogilvie, Patterson, Pépin, *Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stewart Olsen, 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

Tabling of documents

The Honourable the Speaker tabled the following:

Reports of the Office of the Commissioner of Official Languages for the fiscal year ended March 31, 2010, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 3/40-828.

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With leave of the Senate,
The Honourable Senator Carstairs, P.C., tabled the following:

Document entitled: Pages of Reflection: A Journal of Essays by Senate Pages, Volume 3, Fall 2010.—Sessional Paper No. 3/40-829S.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its eighth report (Reports submitted pursuant to the International Travel Guidelines).—Sessional Paper No. 3/40-830S.

COMMITTEE OF THE WHOLE

At 2:17 p.m., pursuant to the order adopted on November 24, 2010, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Ms. Jennifer Stoddart respecting her appointment as Privacy Commissioner, the Honourable Senator Fortin-Duplessis in the Chair.

—In the Committee—

Pursuant to the order adopted on November 24, 2010, Ms. Jennifer Stoddart was escorted to her seat in the Senate Chamber.

Debate.

Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witness.

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The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the Committee has heard the witness.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

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

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With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.

The Honourable Senator Hervieux-Payette, P.C., presented the following:

Thursday, November 25, 2010

The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its

SIXTH REPORT

Your Committee, to which was referred 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 has, in obedience to the Order of Reference of June 17, 2010, examined the said bill and now reports as follows:

Your Committee recommends that this Bill not be proceeded with further in the Senate for the reasons that follow.

Your Committee notes that Bill S-216 attempts to retroactively enhance the priority of claims for unfunded long- term disability liabilities in proceedings commenced pursuant to the Bankruptcy and Insolvency Act before the coming into force of the amendments contained in the bill, which may generate claims that conflict with court-approved settlement agreements already in force, resulting in litigation that would be detrimental to the interests of long-term disability claimants including the former employees of Nortel.

Your Committee believes that Bill S-216 would cause companies to prefer liquidation to restructuring, because it would confer preferred status on claims for unfunded long-term disability liabilities in liquidation proceedings, while conferring super-priority status on similar claims in restructuring proceedings under the Bankruptcy and Insolvency Act; and

Your Committee notes that Bill S-216 would reduce the amount that some creditors would otherwise hope to recover in bankruptcy proceedings, increasing risk for investors and financing costs for bond-issuing companies, which your Committee believes would be detrimental to the currently fragile growth of the Canadian economy.

This report was adopted in committee on the following vote:

YEAS — The Honourable Senators: Ataullajhan, Dickson, Greene, Kochhar, Mockler and Plett (6).

NAYS — The Honourable Senators: Eggleton, Harb, Hervieux-Payette, Moore and Ringuette (5).

Respectfully submitted,

CÉLINE HERVIEUX-PAYETTE

Deputy Chair

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Cordy, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Second reading of Bill C-31, An Act to amend the Old Age Security Act.

The Honourable Senator Seidman moved, seconded by the Honourable Senator Stewart Olsen, 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.

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Second reading of Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs).

The Honourable Senator Brazeau moved, seconded by the Honourable Senator Segal, that the bill be read the second time.

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

The bill was then read the second time.

The Honourable Senator Brazeau moved, seconded by the Honourable Senator Ataullahjan, that the bill be referred to the Standing Senate Committee on Human Rights.

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

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Orders No. 4 to 6 were called and postponed until the next sitting.

Inquiries

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

Motions

Order No. 27 was called and postponed until the next sitting.

Reports of Committees

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 8 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Banks, for the second reading of Bill S-221, An Act to amend the Income Tax Act (carbon offset tax credit).

After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, 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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Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Tardif, for the second reading of Bill S-204, An Act to amend the Criminal Code (protection of children).

After debate,
The Honourable Senator Plett moved, seconded by the Honourable Senator Seidman, 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. 11 was called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Rivest, seconded by the Honourable Senator Lang, for the second reading of Bill C-288, An Act to amend the Income Tax Act (tax credit for new graduates working in designated regions).

After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that further debate on the motion be adjourned until the next sitting.

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

Reports of Committees

Orders No. 1 to 7 were called and postponed until the next sitting.

Other

Orders No. 21, 17 (inquiries), 50 (motion), 23, 11, 25, 26, 5, 14, 8, 10, 3, 13, 2, 7 (inquiries), 38, 57 (motions) and 12 (inquiry) were called and postponed until the next sitting.

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Resuming debate on the motion, as amended, of the Honourable Senator Runciman, seconded by the Honourable Senator Stewart Olsen:

That in the opinion of the Senate, the government should consider the establishment of a tuition fund for the families of federal public safety officers who lose their lives in the line of duty and that such a fund should operate along the lines of the Constable Joe MacDonald Public Safety Officers' Survivors Scholarship Fund, in place in the province of Ontario since 1997.

After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, 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. 16 (inquiry) was called and postponed until the next sitting.

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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 Di Nino:

That when the Senate adjourns today, it do stand adjourned until Tuesday, November 30, 2010, at 2 p.m.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:38 p.m. the Senate was continued until Tuesday, November 30, 2010, at 2 p.m.)

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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Meighen replaced the Honourable Senator Rivard (November 24, 2010).

The Honourable Senator Martin replaced the Honourable Senator Meighen (November 24, 2010).

The Honourable Senator Kochhar replaced the Honourable Senator Martin (November 24, 2010).

The Honourable Senator Duffy replaced the Honourable Senator Marshall (November 24, 2010).

The Honourable Senator Segal replaced the Honourable Senator Carignan (November 24, 2010).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Massicotte (November 25, 2010).

The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Fox, P.C. (November 25, 2010).

The Honourable Senator Dickson replaced the Honourable Senator Oliver (November 25, 2010).

The Honourable Senator Plett replaced the Honourable Senator Gerstein (November 25, 2010).

The Honourable Senator Gerstein replaced the Honourable Senator Poirier (November 25, 2010).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator MacDonald replaced the Honourable Senator Stewart Olsen (November 24, 2010).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Di Nino replaced the Honourable Senator Patterson (November 25, 2010).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Patterson replaced the Honourable Senator Lang (November 25, 2010).

The Honourable Senator Marshall replaced the Honourable Senator Angus (November 25, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Finley replaced the Honourable Senator Ataullahjan (November 24, 2010).

The Honourable Senator Eaton replaced the Honourable Senator Finley (November 24, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Lang replaced the Honourable Senator Segal (November 24, 2010).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Braley replaced the Honourable Senator Greene (November 24, 2010).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Cowan replaced the Honourable Senator Dawson (November 25, 2010).

The Honourable Senator Dawson replaced the Honourable Senator Merchant (November 25, 2010).

The Honourable Senator Brazeau replaced the Honourable Senator Demers (November 25, 2010).

The Honourable Senator Stewart Olsen replaced the Honourable Senator Braley (November 25, 2010).

The Honourable Senator Braley replaced the Honourable Senator Marshall (November 25, 2010).

Standing Senate Committee on Transport and Communications

The Honourable Senator Martin replaced the Honourable Senator Kochhar (November 24, 2010).

The Honourable Senator MacDonald replaced the Honourable Senator Boisvenu (November 24, 2010).