Journals of the Senate
59 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 82
Thursday, February 3, 2011
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Baker, Banks, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
Angus, Ataullahjan, Baker, Banks, Braley, Brazeau, Brown, Callbeck, Campbell, Carignan, Carstairs, *Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, *Day, *De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, *Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poy, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Seidman, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Wallace, Wallin, 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 Senator Comeau tabled the following:
Document entitled: 2011 Annual Report Statutes Repeal Act.—Sessional Paper No. 3/40-899.
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 twelfth report (Reports submitted pursuant to the International Travel Guidelines).—Sessional Paper No. 3/40-900S.
° ° °
The Honourable Senator Meighen presented the following:
Thursday, February 3, 2011
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
EIGHTH REPORT
Your Committee, to which was referred Bill S-206, An Act to establish gender parity on the board of directors of certain corporations, financial institutions and parent Crown corporations has, in obedience to the Order of Reference of May 13, 2010, examined the said bill and now reports as follows:
Your Committee believes that Canadian corporations and institutions are best served when they do not limit themselves to the talent of just one gender and that having more women at the top improves financial performance. Therefore, gender diversity and strong corporate performance go hand in hand.
In this light, your committee sympathizes fully with the motives underlying Bill S-206's approach and applauds the bill's sponsor for her commitment in bringing the bill before Parliament and for her valuable contributions to your committees' deliberations.
Your Committee recommends that this Bill not be proceeded with further in the Senate for the reasons that follow.
Your committee believes that Bill S-206 attempts to impose requirements in federal law on the composition of provincially-incorporated and foreign-incorporated public corporations operating in Canada which raises a number of legal and constitutional issues. Moreover, while the bill gives the Director appointed under the Canada Business Corporations Act the authority to issue one-year deferments to these non- Canada Business Corporations Act corporations, it does not seem to give the Director any authority or role in ensuring non- Canada Business Corporations Act corporations comply with the gender parity requirement;
Your committee notes that the corporate governance provisions of the Canada Business Corporations Act and other federal statues concerning financial institutions aim to provide a framework that allows companies to decide how they should operate. Bill S-206, if enacted, would move away from this principle. The shareholders are better placed to decide on the composition of their company's board of directors;
Your committee is aware that federal corporate statutes aim at fostering best corporate governance practices with a view to have the best qualified persons sitting on board of directors. Canadian corporations are already increasing the number of women on their boards. In the period 2006-2008, twenty-one percent of new director appointments in major companies were women, up from thirteen per cent in the period of 2003-2005; and
Your committee notes that Bill S-206's requirement for statutory declarations for all applications for certificates under the Canada Business Corporations Act will increase the regulatory and paper burden on corporations and would severely compromise the current system of electronic online applications. This may increase the costs of processing these applications, which could necessitate an increase in service fees. This increase in regulation could ultimately discourage federal incorporation.
Respectfully submitted,
MICHAEL A. MEIGHEN
Chair
The Honourable Senator Meighen moved, seconded by the Honourable Senator Johnson, 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
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-6, An Act to amend the Criminal Code and another Act,
And to acquaint the Senate that the Commons has passed this bill with amendments, to which it desires the concurrence of the Senate.
The amendments were then read by one of the clerks at the Table, as follows:—
1. Page 1: Delete clause 1.
2. Page 3, clause 3: Add after line 28 the following:
"(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.''
3. Page 3, clause 3: Add after line 28 the following:
"(2.7) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).''
4. Page 6, clause 7: Replace line 9 with the following:
"3(1), within 180 days after the end of two years''
5. Page 6, clause 7: Replace line 19 with the following:
"amended by subsection 3(1), within 180 days''
The Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, that the amendments be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
GOVERNMENT BUSINESS
Bills
Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator MacDonald, for the second reading of Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act.
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, 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. 2 to 4 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-35, An Act to amend the Immigration and Refugee Protection Act.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Rivard, that the bill be read the second time.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 6 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.
° ° °
Resuming debate on the motion of the Honourable Senator Peterson, seconded by the Honourable Senator Lovelace Nicholas, for the second reading of Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman).
After debate,
Further debate on the motion was adjourned until the next sitting in the name of the Honourable Senator Di Nino.
° ° °
Orders No. 8 to 11 were called and postponed until the next sitting.
Commons Public Bills
Orders No. 1 to 6 were called and postponed until the next sitting.
Reports of Committees
Orders No. 1 to 13 were called and postponed until the next sitting.
Other
Orders No. 14, 8, 28 (inquiries), 85, 84 (motions), 29 (inquiry), 83 (motion), 10 (inquiry), 72 (motion), 27, 3, 13, 24, 7, 23 (inquiries), 57 (motion), 12, 21, 17 (inquiries), 50 (motion), 11, 25, 26 and 5 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley:
That, at the end of Question Period and Delayed Answers on the sitting following the adoption of this motion, the Senate resolve itself into a Committee of the Whole in order to receive the Commissioner of Official Languages; and
That the Committee of the Whole report to the Senate no later than one hour after it begins.
After debate,
The Honourable Senator Chaput 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.
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 Meighen:
That when the Senate adjourns today, it do stand adjourned until Tuesday, February 8, 2011, 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):
Amended summaries of the Corporate Plan for 2010-2011 to 2014-2015 and of the Operating Budget for 2010-2011 of the Enterprise Cape Breton Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-898.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Meighen:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:20 p.m. the Senate was continued until Tuesday, February 8, 2011, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Poy replaced the Honourable Senator Pépin (February 3, 2011).
The Honourable Senator Greene replaced the Honourable Senator Kochhar (February 3, 2011).
The Honourable Senator Pépin replaced the Honourable Senator Harb (February 2, 2011).
The Honourable Senator Frum replaced the Honourable Senator Greene (February 2, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Martin replaced the Honourable Senator Dickson (February 3, 2011).
The Honourable Senator Peterson replaced the Honourable Senator Campbell (February 2, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Dawson replaced the Honourable Senator De Bané, P.C. (February 3, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Dawson replaced the Honourable Senator Jaffer (February 2, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Housakos replaced the Honourable Senator Boisvenu (February 3, 2011).
The Honourable Senator Boisvenu replaced the Honourable Senator MacDonald (February 3, 2011).
Standing Joint Committee on the Library of Parliament
The name of the Honourable Senator Banks added to the membership (February 2, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Nancy Ruth replaced the Honourable Senator Eaton (February 3, 2011).