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Journals of the Senate

60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate

3rd Session, 40th Parliament


Issue 93

Wednesday, March 9, 2011
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Carstairs, Champagne, Chaput, 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, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, 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, Brown, Carstairs, Champagne, Chaput, 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, Frum, Furey, Gerstein, Greene, Harb, Housakos, Hubley, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, 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

Presentation of Reports from Standing or Special Committees

The Honourable Senator Chaput, Chair of the Standing Senate Committee on Official Languages, tabled its fourth report (interim) entitled: The Vitality of Quebec's English-speaking Communities: From Myth to Reality.—Sessional Paper No. 3/40-942S.

The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley, 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.

°    °    °

The Honourable Senator Smith, P.C. (Cobourg), Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its fourth report (Restructuring of Senate Standing Committees).

(The report is printed as an appendix.)

The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Lovelace Nicholas, 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.

First Reading of Commons Public Bills

A message was brought from the House of Commons with a Bill C-470, An Act to amend the Income Tax Act (disclosure of compensation — registered charities), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Pépin, 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.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Day tabled the following:

Report of the Canadian NATO Parliamentary Association respecting the Visit of the Defence and Security Committee in Afghanistan, from October 24 to 27, 2010.—Sessional Paper No. 3/40-943.

Report of the Canadian NATO Parliamentary Association respecting its participation at the 2010 Annual Session, held in Warsaw, Poland, from November 12 to 16, 2010.—Sessional Paper No. 3/40-944.

Report of the Canadian NATO Parliamentary Association respecting its participation at the Transatlantic Forum, held in Washington, D.C., United States, on December 6 and 7, 2010. —Sessional Paper No. 3/40-945.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino, for the third reading of 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, as amended;

And on the motion in amendment of the Honourable Senator Manning, seconded by the Honourable Senator Smith (Saurel), that Bill S-13 be not now read a third time but that it be amended in clause 17, on page 8, by replacing line 15 with the following:

"45.48 who was appointed as a cross-border maritime law enforcement officer under subsection 8(1) of the Keeping Canadians Safe (Protecting Borders) Act.".

After debate,
With leave of the Senate,
In amendment, the Honourable Senator Dallaire moved, seconded by the Honourable Senator Day, that Bill S-13 be not now read a third time but that it be amended on page 6, by adding after line 16 the following:

"REPORT

15.1 (1) Within one year after this Act receives royal assent, the Minister of Public Safety and Emergency Preparedness shall prepare a report that sets out all government expenditures associated with the implementation of this Act and shall cause the report to be laid before each House of Parliament.

(2) The report may be referred to the standing committee of each House that normally considers matters relating to national security and defence or, in the event that there is no such standing committee, to any other committee that the Senate or House of Commons may designate or establish for the purposes of this section.".

After debate,
With leave of the Senate,
In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Moore, that Bill S-13 be not now read a third time, but that it be amended,

(a) in clause 1, on page 1, by replacing lines 4 and 5 with the following:

"1. This Act may be cited as the Protecting Maritime Borders Act."; and

(b) by replacing every reference to the Keeping Canadians Safe (Protecting Borders) Act with the Protecting Maritime Borders Act, wherever it occurs in the bill.

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

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

°    °    °

Third reading of Bill C-21, An Act to amend the Criminal Code (sentencing for fraud).

The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that the bill be read the third time.

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, without amendment.

°    °    °

Order No. 3 was called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator MacDonald, seconded by the Honourable Senator Greene, for the second reading of Bill C-42, An Act to amend the Aeronautics Act.

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 MacDonald moved, seconded by the Honourable Senator Greene, that the bill be referred to the Standing Senate Committee on Transport and Communications.

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

°    °    °

Order No. 5 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 9 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

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

°    °    °

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 Andreychuk moved, seconded by the Honourable Senator Stratton, 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.

°    °    °

Resuming debate on the motion of the Honourable Senator Rompkey, P.C., seconded by the Honourable Senator Tardif, for the adoption of the sixth report (interim) of the Standing Senate Committee on Fisheries and Oceans, entitled: Seeing the Light: Report on Staffed Lighthouses in Newfoundland and Labrador and British Columbia, deposited with the Clerk of the Senate on December 20, 2010.

After debate,
The Honourable Senator Raine, for the Honourable Senator Patterson, moved, seconded by the Honourable Senator Martin, that further debate on the motion be adjourned until the next sitting.

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


At 4 p.m., pursuant to the order adopted by the Senate on April 15, 2010, the Senate adjourned until 1:30 p.m. tomorrow.


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

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Rivard replaced the Honourable Senator Smith (Saurel) (March 9, 2011).

The Honourable Senator Banks replaced the Honourable Senator Hervieux-Payette, P.C. (March 8, 2011).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Losier-Cool replaced the Honourable Senator Mitchell (March 9, 2011).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Dawson replaced the Honourable Senator Jaffer (March 9, 2011).

The Honourable Senator Martin replaced the Honourable Senator Carignan (March 9, 2011).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Carignan (March 9, 2011).

The Honourable Senator Cowan replaced the Honourable Senator Munson (March 8, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Eaton replaced the Honourable Senator Finley (March 9, 2011).

Standing Senate Committee on National Security and Defence

The Honourable Senator Manning replaced the Honourable Senator Plett (March 8, 2011).

Standing Senate Committee on Transport and Communications

The Honourable Senator Moore replaced the Honourable Senator Zimmer (March 9, 2011).

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