Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 28
Tuesday, November 15, 2011
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Zimmer
The Members in attendance to business were:
The Honourable Senators
*Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brazeau, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Duffy, Eaton, Eggleton, Finley, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, *Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, 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 Carignan tabled the following:
Public Accounts of Canada for the fiscal year ended March 31, 2011, as follows: (1) Volume I — Summary Report and Financial Statements, (2) Volume II — Details of Expenses and Revenues, (3) Volume III—Additional Information and Analyses, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 64(1).—Sessional Paper No. 1/41-582.
Document entitled: Eeyou Marine Region Land Claims Agreement.—Sessional Paper No. 1/41-583.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-22, An Act to give effect to the Agreement between the Crees of Eeyou Istchee and Her Majesty the Queen in right of Canada concerning the Eeyou Marine Region, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard, 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
Third reading of Bill S-3, A third Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Eaton, that the bill be read the third time.
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
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.
Inquiries
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
Reports of Committees
Consideration of the fifth report of the Standing Senate Committee on Legal and Constitutional Affairs (The Parole Board of Canada's User Fees Proposal, without amendment, but with observations), presented in the Senate on November 3, 2011.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Plett, that the report be adopted.
After debate,
The question being put on the motion, it was adopted, on division.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees
Consideration of the second report of the Standing Committee on Conflict of Interest for Senators (budget—mandate pursuant to rule 86(1)(r)—power to hire staff), presented in the Senate on November 3, 2011.
The Honourable Senator Stratton moved, seconded by the Honourable Senator Martin, that the report be adopted.
The question being put on the motion, it was adopted.
Order No. 2 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Mockler, seconded by the Honourable Senator Wallace, for the adoption of the second report of the Standing Senate Committee on Agriculture and Forestry entitled: The Canadian Forest Sector: A Future Based on Innovation, deposited with the Clerk of the Senate on July 5, 2011;
And on the motion in amendment of the Honourable Senator Robichaud, P.C., seconded by the Honourable Senator Mahovlich, that the motion to adopt the report be amended by adding the following:
"and that, pursuant to rule 131(2), the Senate request a complete and detailed response from the government, with the Minister of Natural Resources being identified as minister responsible for responding to the report''.
After debate,
The Honourable Senator Mahovlich moved, seconded by the Honourable Senator Mitchell, that further debate on the motion in amendment 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 Hubley, calling the attention of the Senate to the 5th anniversary of the tabling of the Standing Senate Committee on Social Affairs, Science and Technology's report: Out of the Shadows at Last: Transforming Mental Health, Mental Illness and Addiction Services in Canada.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Peterson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 16 (inquiry), 19, 37 (motions), 14, 3 (inquiries), 2 (motion), 7, 4, 10 and 6 (inquiries) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Patterson moved, seconded by the Honourable Senator Seidman:
That the papers and evidence received and taken and work accomplished by the Standing Senate Committee on Human Rights during its study of Bill S-4, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves, during the Third Session of the Fortieth Parliament and its special study on the division of on-reserve matrimonial real property, during the First Session of the Thirty-eighth Parliament and the Second Session of the Thirty-seventh Parliament, be referred to the committee for the purposes of its study on Bill S-2, An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 28(2):
Summary of the Amendments to the 2011 Capital Budget for Loans and Investments of the Canada Mortgage and Housing Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-567.
Actuarial Report supplementing the Actuarial Report on the Old Age Security Program as at December 31, 2009, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. C-13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/41- 568.
Summaries of the Corporate Plan for 2011-2012 to 2015-2016 and of the Capital and Operating Budgets for 2011- 2012 of the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-569.
Amendments to the Management Plan for Gulf of Georgia Cannery National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/41-570.
Amendments to the Management Plan for the Fundy National Park of Canada, pursuant to the Canada National Parks Act, S.C. 2000, c. 32, sbs. 11(2).—Sessional Paper No. 1/41-571.
Report on the administration of the Species at Risk Act for the year 2010, pursuant to the Act, S.C. 2002, c. 29, s. 126.—Sessional Paper No. 1/41-572.
Management Plan for HMCS Haida National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/41-573.
Management Plan for Boishébert National Historic Site and Beaubears Island Shipbuilding National Historic Site of Canada, J. Leonard O'Brien Memorial, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/41-574.
Management Plan for Monument-Lefebvre National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1). —Sessional Paper No. 1/41-575.
Management Plan for the Fortress of Louisbourg, Wolfe's Landing and Royal Battery National Historic Sites of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(1).—Sessional Paper No. 1/41-576.
Report on the administration of the Canadian Forces Superannuation Act, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the Act, R.S.C. 1985, c. C-17, ss. 57, 59.7 and 72.—Sessional Paper No. 1/41-577.
Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2011-2012 to 2015-2016 of the Canadian Museum of Civilization Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-578.
Summaries of the Corporate Plan and the Capital and Operating Budgets for 2011-2012 to 2015-2016 of the Canadian Museum for Human Rights, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-579.
Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2011, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 1/ 41-580.
Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2011, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 1/41-581.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:45 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 85(4)
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Nolin replaced the Honourable Senator Meredith (November 14, 2011).
The Honourable Senator Cordy replaced the Honourable Senator Campbell (November 14, 2011).
The Honourable Senator Campbell replaced the Honourable Senator Hervieux-Payette, P.C. (November 3, 2011).
The Honourable Senator Meredith replaced the Honourable Senator Smith (Saurel) (November 3, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Martin replaced the Honourable Senator Dickson (November 14, 2011).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Segal replaced the Honourable Senator Mockler (November 3, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Hubley replaced the Honourable Senator Callbeck (November 14, 2011).
The Honourable Senator Callbeck replaced the Honourable Senator Hubley (November 3, 2011).
The Honourable Senator Cordy replaced the Honourable Senator Campbell (November 3, 2011).