Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
3rd Session, 40th Parliament
Issue 94
Thursday, March 10, 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, Brazeau, Brown, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Wallace, Wallin, Watt
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Brown, Carstairs, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Dickson, Downe, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Wallace, Wallin, Watt
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:
Special Report to Parliament of the Information Commissioner entitled Open Outlook, Open Access — 2009-2010 Report Cards, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, s. 39.—Sessional Paper No. 3/40-946.
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 eighteenth report (Bill C-30, An Act to amend the Criminal Code, without amendment).
The Honourable Senator Angus moved, seconded by the Honourable Senator Segal, 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.
° ° °
The Honourable Senator Eggleton, P.C., presented the following:
Thursday, March 10, 2011
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SIXTEENTH REPORT
Your committee, which was referred Bill C-35, An Act to amend the Immigration and Refugee Protection Act, has, in obedience to the order of reference of Tuesday, March 1, 2011, examined the said bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
ART EGGLETON
Chair
Observations to the Sixteenth Report of the Standing Senate Committee on Social Affairs, Science and Technology
The committee notes that paralegals have been added to the categories of persons authorized under the bill to represent, advise or consult with a person for consideration and therefore adds the following observation:
That a paralegal representing, advising or consulting with a person for consideration in connection with a proceeding or application under the Immigration and Refugee Protection Act should undergo training and examination specifically related to immigration practices.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Rivard, 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.
° ° °
The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its seventh report (Bill C-42, An Act to amend the Aeronautics Act, without amendment).
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Greene, 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-61, An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Andreychuk, that the bill be placed
on the Orders of the Day for a second reading later this day.
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-393, An Act to amend the Patent Act (drugs for international humanitarian purposes) and to make a consequential amendment to another Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Fairbairn, P.C., 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.
° ° °
A message was brought from the House of Commons with a Bill C-473, An Act to protect insignia of military orders and military decorations and medals that are of cultural significance for future generations, 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 Wallin, 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.
° ° °
A message was brought from the House of Commons with a Bill C-509, An Act to amend the Canada Post Corporation Act (library materials), 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 Runciman, 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 Hervieux-Payette, P.C., tabled the following:
Report of the Canadian Delegation of the Inter-parliamentary Forum of the Americas, respecting its participation at the Regional Trade Knowledge Workshop for Parliamentarians of the American Congress of the United Mexican States, held in Mexico City, Mexico, from May 20 to 22, 2010.—Sessional Paper No. 3/40-947.
Report of the Canadian Delegation of the Inter-parliamentary Forum of the Americas, respecting its participation at the Meeting of the Group of Women Parliamentarians of the Americas at the National Assembly of Ecuador, held in Quito, Ecuador, on August 11 and 12, 2010.—Sessional Paper No. 3/40-948.
Report of the Canadian Delegation of the Inter-parliamentary Forum of the Americas, respecting its participation at the 22nd Executive Committee Meeting of the Inter-Parliamentary Forum of the Americas, held in Asuncion, Paraguay, on June 5, 2010.—Sessional Paper No. 3/40-949.
ORDERS OF THE DAY
SPEAKER'S RULING
I am prepared to rule on the point of order that was recently brought up with respect to Bill S-223, An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor's pensions).
On March 1, Senator Comeau raised a point of order challenging the proceedings on Bill S-223. He argued that the bill creates new expenditures which require a royal recommendation. Consequently, the Senator contended that the bill cannot originate in the Senate under rule 81.
Neither Senator Tardif nor Senator Callbeck, who introduced the bill, agreed with this position. They noted that the monies that would go to the recipients identified in the bill are already available in the Canada Pension Plan (CPP) fund. They also referred to a legal opinion obtained by Senator Callbeck. According to this opinion, the payments from the CPP are not part of the Consolidated Revenue Fund (CRF), and therefore Bill S-223 does not meet the test of a money bill under the terms of the Constitution Act, 1867.
Questions about the royal recommendation, what it is, and how it can be identified, frequently lead to points of order in the Senate like this one. Honorable Senators will remember a series of rulings on this topic in February 2009.
The House of Commons Procedure and Practice identifies the royal recommendation as an instrument by which the Crown advises Parliament of its approval of a legislative measure involving the expenditure of public funds. The royal recommendation can only be secured by a Minister and bills that require a royal recommendation cannot originate here in the Senate. Since 1976 the text of the royal recommendation is in the following words: "His/Her Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled [long title of the bill]..."
The question raised by this point of order must be resolved in accordance with the forms and practices that are currently in place. The language of Bill S-223 clearly states that a CPP benefit will be extended to certain individuals who are not receiving it now. The bill states that "This enactment amends the Canada Pension Plan so that a person who applies for a retirement pension after reaching 70 years of age or who applies for a survivor's pension would be eligible to receive retroactive payments for a maximum of five years instead of the current maximum of 12 months."
On its face, the language of Bill S-223 certainly entails a requirement for the royal recommendation that also necessitates its initial consideration by the other place before coming to the Senate. However, the sponsor of the bill denies that this is the case on the basis that the bill is not properly a money bill since the funds of the CPP are not really part of the CRF.
The original Act that created the CPP dates from 1965. Its objective then was to "establish a comprehensive program of old age pensions and supplementary benefits in Canada payable to and in respect of contributors." The bill implementing the CPP was introduced in the House of Commons and was accompanied by a royal recommendation.
The funds that finance the CPP are public money. Although the Canada Pension Plan account is a separate account recording the financial elements of the plan, section 108 of the CPP provides that it is established within the CRF. While it is not used as a source of general revenue by the government, this does not mean that it is not public money for the purposes of rule 81. This rule states that "The Senate shall not proceed upon a bill appropriating public money that has not within the knowledge of the Senate been recommended by the Queen's representative."
Parliamentary practice stipulates that any new or additional legislative authorization for spending from the CRF must be accompanied by a royal recommendation. Bill S-223 seeks to alter the conditions that are attached to the CPP by increasing the period of retroactivity to five years from the current 12 months. Although spending from the CPP is derived from its own separate account, it is made through the CRF. As such, any changes to the CPP which would entail increased spending require a royal recommendation.
In conclusion, it is my ruling that the provisions of Bill S-223 require a royal recommendation and that, as a consequence, it cannot originate in the Senate. The point of order is well founded; proceedings on the bill must cease and Bill S-223 will be discharged from the Order Paper.
(Accordingly, the Order of the Day for the second reading of Bill S-223, An Act to amend the Canada Pension Plan (retroactivity of retirement and survivor's pensions), was discharged and, by order, the Bill withdrawn.)
With leave,
The Senate reverted to Presentation of Reports from Standing or Special Committees.
The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its tenth report (Supplementary Estimates (C) 2010-2011).
(The report is printed as an appendix at pages 1304-1331.)
The Honourable Senator Day moved, seconded by the Honourable Senator Fairbairn, P.C., 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
Resuming debate on the motion of the Honourable Senator Smith (Saurel), seconded by the Honourable Senator Marshall, for the second reading of Bill C-59, An Act to amend the Corrections and Conditional Release Act (accelerated parole review) and to make consequential amendments to other Acts.
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 Smith (Saurel) moved, seconded by the Honourable Senator Braley, 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.
° ° °
Second reading of Bill C-61, An Act to provide for the taking of restrictive measures in respect of the property of officials and former officials of foreign states and of their family members.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stratton, 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 Andreychuk moved, seconded by the Honourable Senator Stratton, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.
The question being put on the motion, it was adopted.
° ° °
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.";
And on the motion in amendment of the Honourable Senator Dallaire, 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.";
And on the motion in amendment of the Honourable Senator Day, 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 question was put on the motion in amendment of the Honourable Senator Day, 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 motion in amendment was negatived.
The question was then put on the motion in amendment of the Honourable Senator Dallaire, 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.";
The motion in amendment was negatived.
The question was then put 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.";
The motion in amendment was adopted, on division.
The question then being put 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, it was adopted, on division.
The bill, as amended, was then read the third time and passed, on division.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
° ° °
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 Cowan 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.
OTHER BUSINESS
Ordered, That Order No. 72 (motion) under Other be brought forward.
The Senate resumed debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Hubley:
That the Senate, recognizing that the National Long Form Census is an irreplaceable tool for governments and organizations that develop policies to improve the well-being of all Canadians, urge the Government of Canada to reverse its decision to replace the long form census with a more costly and less useful national household survey.
After debate,
The Honourable Senator Di Nino moved, seconded by the Honourable Senator Meighen, that further debate on the
motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Senate Public Bills
Orders No. 1, 2 and 4 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
Orders No. 1 to 11 were called and postponed until the next sitting.
° ° °
Consideration of the fourth report (interim) of the Standing Senate Committee on Official Languages, entitled: The Vitality of Quebec's English-speaking Communities: From Myth to Reality, tabled in the Senate on March 9, 2011.
The Honourable Senator Champagne, P.C., moved, seconded by the Honourable Senator Greene:
That, the fourth report of the Standing Senate Committee on Official Languages entitled The Vitality of Quebec's English-speaking Communities: From Myth to Reality, tabled in the Senate on March 9, 2011, be adopted and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages being identified as the minister responsible for responding to the report.
After debate,
The Honourable Senator Champagne, P.C., for the Honourable Senator Chaput, 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.
° ° °
Orders No. 13 and 14 were called and postponed until the next sitting.
Other
Orders No. 33, 14, 23, 17 (inquiries), 50 (motion), 11, 25, 26, 21, 5, 8, 28 (inquiries), 85, 84 (motions), 29 (inquiry), 83 (motion), 10, 27, 3, 13, 24, 7, 34 (inquiries) and 88 (motion) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Mockler moved, seconded by the Honourable Senator Greene:
That, notwithstanding the Orders of the Senate adopted on Thursday, March 11, 2010, and on Wednesday, November 24, 2010, the Standing Senate Committee on Agriculture and Forestry, which was authorized to undertake a study on the current state and future of Canada's forest sector, be empowered to extend the date of presenting its final report from March 31, 2011 to December 31, 2011.
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 Monday, March 21, 2011, at 2 p.m.; and
That the Standing Senate Committee on Foreign Affairs and International Trade and the committees of the Senate scheduled to meet on Monday, March 21, 2011, be authorized to sit even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:35 p.m. the Senate was continued until Monday, March 21, 2011, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The Honourable Senator Dallaire replaced the Honourable Senator Furey (March 9, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Banks (March 9, 2011).
The Honourable Senator Smith (Saurel) replaced the Honourable Senator Rivard (March 9, 2011).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Carignan replaced the Honourable Senator Martin (March 10, 2011).
The Honourable Senator Campbell replaced the Honourable Senator Peterson (March 9, 2011).
The Honourable Senator Jaffer replaced the Honourable Senator Dawson (March 9, 2011).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Greene replaced the Honourable Senator Carignan (March 10, 2011).
The Honourable Senator Carignan replaced the Honourable Senator Rivard (March 10, 2011).
The Honourable Senator Rivard replaced the Honourable Senator Smith (Saurel) (March 9, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Dyck replaced the Honourable Senator Peterson (March 9, 2011).
The Honourable Senator Hubley replaced the Honourable Senator Mercer (March 9, 2011).
The Honourable Senator Peterson replaced the Honourable Senator Dyck (March 9, 2011).
Standing Senate Committee on Transport and Communications
The Honourable Senator Marshall replaced the Honourable Senator Plett (March 9, 2011).
The Honourable Senator Nancy Ruth replaced the Honourable Senator Frum (March 9, 2011).