59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 71

Tuesday, November 30, 2010
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Eaton, Eggleton, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poy, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Smith, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Callbeck, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, *De Bané, Demers, Di Nino, Dickson, Downe, *Dyck, Eaton, Eggleton, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, *Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, *Poirier, Poy, *Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, *Sibbeston, 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

Tributes

Tribute was paid to the Honourable Senator Lapointe, who will retire from the Senate on December 6, 2010.

At 2:23 p.m., the sitting was suspended.

At 3:02 p.m. the sitting resumed.

The Senate resumed tributes to the Honourable Senator Lapointe.

Senators' Statements

Some Honourable Senators made statements.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Seidman, seconded by the Honourable Senator Stewart Olsen, for the second reading of Bill C-31, An Act to amend the Old Age Security Act.

After debate,

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

The bill was then read the second time.

The Honourable Senator Seidman moved, seconded by the Honourable Senator Rivard, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

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Second reading of Bill C-28, 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 Cochrane, that the bill be read the second time.

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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Orders No. 3 to 5 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Brown, seconded by the Honourable Senator Runciman, for the second reading of Bill S-8, An Act respecting the selection of senators.

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

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

Inquiries

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

Motions

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

That, in accordance with subsection 53(1) of the Privacy Act, Chapter P-21, R.S.C. 1985, the Senate approve the appointment of Ms. Jennifer Stoddart as Privacy Commissioner.

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

Reports of Committees

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 11 were 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 Tardif, seconded by the Honourable Senator Rivest, for the second reading of Bill C-232, An Act to amend the Supreme Court Act (understanding the official languages).

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

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

Reports of Committees

Consideration of the sixth report of the Standing Senate Committee on Banking, Trade and Commerce (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, with a recommendation), presented in the Senate on November 25, 2010.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.

Debate.

A point of order was raised with respect to the acceptability of the committee report.

After debate,
The Speaker reserved his decision.

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Orders No. 2 to 8 were called and postponed until the next sitting.

Other

Orders No. 55 (motion), 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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Order No. 16 (inquiry) was called and pursuant to rule 27(3) was dropped from the Order Paper.

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

Report of the British Columbia Treaty Commission, together with the Auditors' Report, for the fiscal year ended March 31, 2010, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3).—Sessional Paper No. 3/40-831.

Statutes of the Northwest Territories for the Fifth Session of the Sixteenth Legislative Assembly, pursuant to the Act, R.S.C. 1985, c. N-27, sbs. 21(1).—Sessional Paper No. 3/40-832.

Annual Report of the Specific Claims Tribunal for the period of November 27, 2009 to March 31, 2010, pursuant to the Specific Claims Tribunal Act, S.C. 2008, c. 22, s. 40.—Sessional Paper No. 3/40-833.

Report of the Canadian Radio-television and Telecommunication Commission on the operation of the National Do Not Call List for the fiscal year ended March 31, 2010, pursuant to the Telecommunications Act, 1993, c. 38, s. 41.6. —Sessional Paper No. 3/40-834.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:59 p.m. the Senate was continued until 1:30 p.m. tomorrow.)

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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Rivard replaced the Honourable Senator Kochhar (November 29, 2010).

Standing Senate Committee on Banking, Trade and Commerce

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

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Andreychuk replaced the Honourable Senator Poirier (November 29, 2010).

The Honourable Senator Runciman replaced the Honourable Senator Raine (November 29, 2010).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Jaffer replaced the Honourable Senator De Bané, P.C. (November 30, 2010).

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Stollery (November 29, 2010).

Standing Senate Committee on National Finance

The Honourable Senator Ataullahjan replaced the Honourable Senator Finley (November 29, 2010).

The Honourable Senator Finley replaced the Honourable Senator Eaton (November 29, 2010).

Standing Senate Committee on National Security and Defence

The Honourable Senator Banks replaced the Honourable Senator Day (November 30, 2010).

The Honourable Senator Peterson replaced the Honourable Senator Pépin (November 30, 2010).

Standing Senate Committee on Official Languages

The Honourable Senator Tardif replaced the Honourable Senator Robichaud, P.C. (November 30, 2010).

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Tardif (November 29, 2010).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Mockler replaced the Honourable Senator Duffy (November 29, 2010).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dyck replaced the Honourable Senator Day (November 25, 2010).

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

The Honourable Senator Cordy replaced the Honourable Senator Hubley (November 25, 2010).

The Honourable Senator Hubley replaced the Honourable Senator Cordy (November 25, 2010).