60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate

3rd Session, 40th Parliament

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Issue 91

Thursday, March 3, 2011
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

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The Members convened were:

The Honourable Senators

Andreychuk, Baker, Banks, Boisvenu, Braley, Brazeau, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Kochhar, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Merchant, Mockler, Munson, Murray, Nolin, Ogilvie, Oliver, Patterson, Pépin, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, 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, 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, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Kinsella, Kochhar, *Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, *McCoy, Meighen, Mercer, Merchant, *Meredith, *Mitchell, Mockler, *Moore, Munson, Murray, *Neufeld, Nolin, Ogilvie, Oliver, Patterson, Pépin, *Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Rompkey, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, 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 Senator Comeau tabled the following:

Document entitled Office of the Extractive Sector Corporate Social Responsibility (CSR) Counsellor — Annual Report to Parliament (October 2009 - October 2010).—Sessional Paper No. 3/40-934.

Summary of the Corporate Plan for 2011-2015 of Export Development Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 3/40-935.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Fraser, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its sixteenth report (Bill C-48, An Act to amend the Criminal Code and to make consequential amendments to the National Defence Act, without amendment).

The Honourable Senator Comeau moved, seconded by the Honourable Senator Stratton, that the bill be placed on the Orders of the Day for a third reading at the next sitting.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-42, An Act to amend the Aeronautics Act, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator MacDonald, for the third reading of Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act;

And on the motion in amendment of the Honourable Senator Harb, seconded by the Honourable Senator Merchant, that the bill be not now read a third time, but that it be amended by replacing the short title with the following:

"Fairness in Weights and Measures Act".

After debate,
The question being put on the motion in amendment, it was negatived.

The question then being put on the motion of the Honourable Senator Greene, seconded by the Honourable Senator MacDonald for the third reading of Bill C-14, An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act, 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, without amendment.

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Resuming debate on the motion of the Honourable Senator Runciman, seconded by the Honourable Senator Stewart Olsen, for the third reading of Bill C-22, An Act respecting the mandatory reporting of Internet child pornography by persons who provide an Internet service.

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

The bill was then read the third time and passed.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

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Orders No. 3 and 4 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Angus, seconded by the Honourable Senator Lang, for the second reading of Bill C-30, An Act to amend the Criminal Code.

After debate,
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 Tkachuk, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

Reports of Committees

Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Stratton, for the adoption of the sixth report of the Standing Senate Committee on National Security and Defence (Bill S-13, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, with amendments), presented in the Senate on March 1, 2011.

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

The Honourable Senator Wallin moved, seconded by the Honourable Senator Di Nino, that the bill, as amended, be placed on the Orders of the Day for a third reading at the next sitting.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 6 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 question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that the bill be referred to the Standing Senate Committee on National Finance.

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

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Orders No. 8 to 10 were called and postponed until the next sitting.

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Second reading of Bill S-226, An Act to recognize the Maple Leaf Tartan as the national tartan of Canada.

The Honourable Senator Hubley moved, seconded by the Honourable Senator MacDonald, that the bill be read the second time.

After debate,
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Greene, 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. 12 was called and postponed until the next sitting.

Commons Public Bills

Orders No. 1 to 4 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Brown, for the second reading of Bill C-475, An Act to amend the Controlled Drugs and Substances Act (methamphetamine and ecstasy).

After debate,
The Honourable Senator Carstairs, P.C., 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. 6 and 7 were called and postponed until the next sitting.

Reports of Committees

Consideration of the thirteenth report of the Standing Committee on Internal Economy, Budgets and Administration (Senate budget for 2011-2012), presented in the Senate on March 2, 2011.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Di Nino, that the report be adopted.

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

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Orders No. 2 to 12 were called and postponed until the next sitting.

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Resuming debate on the consideration of the first report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Canada and Russia: Building on today's successes for tomorrow's potential, tabled in the Senate on March 31, 2010.

After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Tkachuk, that further debate on the consideration of the report be adjourned until the next sitting.

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

Other

Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the litany of broken promises by the Harper administration, beginning with the broken promise on income trusts, which devastated the retirement savings of so many Canadian seniors.

After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Cordy.

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

Notice of Vacancy for Vice-Chairperson (Broadcasting), at the Canadian Radio-television and Telecommunications Commission.—Sessional Paper No. 3/40-936S.

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Orders No. 14, 23, 17 (inquiries), 50 (motion), 11, 25, 26, 21, 5, 8, 28 (inquiries), 85, 84 (motions), 29 (inquiry), 83 (motion), 10 (inquiry), 72 (motion), 27, 3, 13, 24, 7 (inquiries), 57 (motion), 12, 34 (inquiries) and 88 (motion) were called and postponed until the next sitting.

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With leave,
The Senate reverted to SENATORS' STATEMENTS.

Some Honourable Senators made statements.

MOTIONS

With leave of the Senate,
The Honourable Senator Comeau, for the Honourable Senator Tkachuk, moved, seconded by the Honourable Senator Di Nino:

That the Standing Committee on Internal Economy, Budgets and Administration have power to sit at 2 p.m. on Wednesday, March 9, 2011, even though the Senate may then be sitting, with the application of rule 95(4) being suspended in relation thereto.

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 Di Nino:

That when the Senate adjourns today, it do stand adjourned until Tuesday, March 8, 2011, 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 Eaton:

That the Senate do now adjourn.

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

(Accordingly, at 4:34 p.m. the Senate was continued until Tuesday, March 8, 2011, at 2 p.m.)

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

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Ataullahjan replaced the Honourable Senator Greene (March 3, 2011).

The Honourable Senator Greene replaced the Honourable Senator Ataullahjan (March 2, 2011).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Duffy replaced the Honourable Senator Demers (March 2, 2011).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Nancy Ruth replaced the Honourable Senator Ataullahjan (March 2, 2011).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Poirier replaced the Honourable Senator Wallin (March 3, 2011).

The Honourable Senator Nolin replaced the Honourable Senator Johnson (March 2, 2011).

Standing Senate Committee on Human Rights

The Honourable Senator Brazeau replaced the Honourable Senator Stratton (March 2, 2011).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Boisvenu replaced the Honourable Senator Rivard (March 3, 2011).

The Honourable Senator Rivard replaced the Honourable Senator Boisvenu (March 3, 2011).

The Honourable Senator Poulin replaced the Honourable Senator Watt (March 3, 2011).

The Honourable Senator Patterson replaced the Honourable Senator Rivest (March 3, 2011).

The Honourable Senator Plett replaced the Honourable Senator Lang (March 3, 2011).

The Honourable Senator Lang replaced the Honourable Senator Frum (March 3, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Finley replaced the Honourable Senator Mockler (March 3, 2011).

The Honourable Senator Mockler replaced the Honourable Senator Finley (March 2, 2011).

The Honourable Senator Finley replaced the Honourable Senator Oliver (March 2, 2011).

The Honourable Senator Dickson replaced the Honourable Senator Carignan (March 2, 2011).

Standing Senate Committee on National Security and Defence

The Honourable Senator Lang replaced the Honourable Senator Duffy (March 2, 2011).

Standing Senate Committee on Transport and Communications

The Honourable Senator Frum replaced the Honourable Senator Oliver (March 3, 2011).

The Honourable Senator Johnson replaced the Honourable Senator Martin (March 3, 2011).