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Journals of the Senate

60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate

1st Session, 41st Parliament


Issue 3

Tuesday, June 7, 2011
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Pépin, 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, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Carstairs, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Demers, Di Nino, *Downe, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Hubley, Jaffer, Johnson, 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, Nolin, Ogilvie, Oliver, Patterson, Pépin, 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

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that Fabian Manning had been summoned to the Senate.

The Honourable Speaker informed the Senate that there was a Senator without waiting to be introduced.

The Honourable Senator Manning was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Marshall, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Marshall E. Rothstein
(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO
Our Trusty and Well-beloved,

FABIAN MANNING

of St. Bride's, in the Province of Newfoundland and Labrador,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

The Honourable Marshall E. Rothstein, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OTTAWA, this twenty-fifth day of May in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign.

BY COMMAND,

CHRISTIAN PARADIS

Registrar General of Canada

The Honourable Senator Manning came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a Member of the Senate.

The Honourable the Speaker informed the Senate that the Honourable Senator Manning had made and subscribed the Declaration of Property Qualification required of him by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Carignan tabled the following:

(1) "Budget 2011 — The Next Phase of Canada's Economic Action Plan — A Low-Tax Plan for Jobs and Growth'';

(2) "The Budget in Brief 2011''.—Sessional Paper No. 1/41-34.

Main Estimates, for the year 2011-2012, Parts I and II: The Government Expenditure Plan and Main Estimates. —Sessional Paper No. 1/41-35.

Copy of the Special Economic Measures (Syria) Regulations (P.C. 2011-594 and JUS-81000-2-914) and the Special Economic Measures Permit Authorization Order (P.C. 2011-595), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1). —Sessional Paper No. 1/41-36.

Document entitled Labrador Inuit Land Claims Agreement for the period of April 1, 2008, to March 31, 2009.—Sessional Paper No. 1/41-37.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Oliver tabled the following:

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Meeting of the Steering Committee of the Twelve Plus Group, held in London, United Kingdom, on September 25, 2009.—Sessional Paper No. 1/41-38.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Annual Parliamentary Hearing at the United Nations, held in New York, United States of America, on November 19 and 20, 2009.—Sessional Paper No. 1/41-39.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the meeting of the Steering Committee of the Twelve Plus Group, held in London, United Kingdom, on March 1, 2010.—Sessional Paper No. 1/41-40.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the meeting of the Steering Committee of the Twelve Plus Group, held in Paris, France, on September 3, 2010.—Sessional Paper No. 1/41-41.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Annual Parliamentary Hearing at the United Nations, held in New York, United States of America, on December 2 and 3, 2010.—Sessional Paper No. 1/41-42.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Parliamentary Meeting on the Occasion of the 55th Session of the United Nations Commission on the Status of Women, entitled The Role of Parliaments in Promoting Access and Participation of Women and Girls to Education, Training, Science and Technology, held in New York, United States of America, on February 23, 2011. —Sessional Paper No. 1/41-43.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the Meeting of the Steering Committee of the Twelve Plus Group, held in Paris, France, on March 14, 2011.—Sessional Paper No. 1/ 41-44.


With leave,

The Senate reverted to Introduction and First Reading of Senate Public Bills.

The Honourable Senator Mercer presented a Bill S-201, An Act respecting a National Philanthropy Day.

The bill was read the first time.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Carstairs, 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.

Presentation of Petitions

The Honourable Senator Murray, P.C., presented the following petition:

Of The Board of Trustees of Queen's University at Kingston, in the province of Ontario; praying for the passage of an Act to amend the constitution of the corporation of the University in order to effect certain changes in the composition and powers of the Board of Trustees and of the University Council and the mode of election of their respective members, and to effect other technical or incidental changes as may be appropriate.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

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.

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

Report of the Canada Mortgage and Housing Corporation for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-01.

Report of the Canada Pension Plan Investment Board, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 1/41-02.

Supplementary agreement amending the Convention between the Government of Canada and the Swiss Federal Council for the Avoidance of Double Taxation with respect to Taxes on Income and on Capital, signed at Berne on May 5, 1997, together with Order in Council P.C. 2011-515, dated March 25, 2011, approving same, pursuant to the Act to implement conventions between Canada and Morocco, Canada and Pakistan, Canada and Singapore, Canada and the Philippines, Canada and the Dominican Republic and Canada and Switzerland for the Avoidance of Double Taxation with respect to Income Tax, S.C. 1976-77, c. 29, sbs. 19(1).—Sessional Paper No. 1/41-03.

Report of Operations under the International River Improvements Act for the year 2010, pursuant to Act, R.S.C. 1985, c. I-20, s. 51.—Sessional Paper No. 1/41-04.

Climate Change Plan for 2011, pursuant to the Kyoto Protocol Implementation Act, S.C. 2007, c. 30, sbs. 5(4).—Sessional Paper No. 1/41-05.

Summary of the Corporate Business Plan for 2011-2012 to 2013-2014 of the Canada Revenue Agency, pursuant to the Canada Revenue Agency Act, S.C. 1999, c. 17, sbs. 49(2). —Sessional Paper No. 1/41-06.

Report of the Canadian Nuclear Safety Commission for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-07.

Report of the Staff of the Non-Public Funds, Canadian Forces for the year 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-08.

Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(5).—Sessional Paper No. 1/41-09.

Report of the Communications Security Establishment for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-10.

Report of the National Energy Board for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-11.

Report of the National Film Board of Canada for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-12.

Report of the National Research Council of Canada for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-13.

Report of the Natural Sciences and Engineering Research Council for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-14.

Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-15.

Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-16.

Report of the Statistical Survey Operations for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-17.

Report on the administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2010, pursuant to the Act, R.S.C. 1985, c. M-5, s. 67.—Sessional Paper No. 1/41-18.

Report on the Public Service Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 1/41-19.

Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 1/41-20.

Report of the Employment Equity in the Federal Public Service for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 1/41-21.

Report on the administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2010, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 1/41-22.

Report of the President of the Treasury Board on Official Languages in federal institutions for the fiscal year ended March 31, 2010, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), s. 48.—Sessional Paper No. 1/ 41-23.

Report of the Canada Revenue Agency for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-24.

Report of the Parks Canada Agency for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-25.

Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-26.

Report of the Royal Canadian Mounted Police (RCMP) for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-27.

Report of National Defence (Canadian Forces) for the fiscal year ended March 31, 2010, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-28.

Report of the Canadian Institutes of Health Research for the year 2009, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 1/41-29.

Interim Order No. 6 Respecting Private Operators (JUS-81100-2-109-5), dated June 3, 2011, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 1/41-30.

Summary of the Corporate Plan for 2011-2015 of the Canadian Tourism Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-31.

Copies of Orders in Council P.C. 2008-386, P.C. 2008-507, P.C. 2008-777, P.C. 2008-819, P.C. 2008-1009, P.C. 2008-1320, P.C. 2008-1681, P.C. 2008-1689, P.C. 2009-317, P.C. 2009-321, P.C. 2009-382, P.C. 2009-676, P.C. 2009- 677, P.C. 2009-872, P.C. 2009-873, P.C. 2009-1583, P.C. 2009-1619, P.C. 2009-1620, P.C. 2009-1642, P.C. 2010-434, P.C. 2010-560, P.C. 2010-590, P.C. 2010-678, P.C. 2010-693, P.C. 2010-739, P.C. 2010-798, P.C. 2010-1002, P.C. 2010- 1630 and P.C. 2011-252, concerning special measures to assist producers, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).—Sessional Paper No. 1/41-32.

Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 1/41-33.

ADJOURNMENT

The Honourable Senator Carignan 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 3:36 p.m. the Senate was continued until 2 p.m. tomorrow.)


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