Journals of the Senate
60 Elizabeth II, A.D. 2011, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 29
Wednesday, November 16, 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, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, Rivard, 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, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Duffy, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fox, Fraser, Frum, Furey, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Poy, Raine, *Ringuette, Rivard, 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
Presentation of Reports from Standing or Special Committees
The Honourable Senator Smith, P.C. (Cobourg) Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its first report (Revised Rules of the Senate).
(The report is printed as an appendix at pages 412-615.)
The Honourable Senator Smith, P.C. (Cobourg) moved, seconded by the Honourable Senator Cordy, 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.
Presentation of Petitions
The Honourable Senator Banks presented petitions:
Of Residents of Canada concerning the right of farmers to decide the future of their grain marketing organization through a plebiscite.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler:
That, pursuant to section 3 of the Statutes Repeal Act, R.S., 2008, c. 20, the Senate resolve that the following Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:
1. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;
2. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:
-ss. 1(1) and (3), 2 to 5, 6(1) and (2), 7, 9, 10, 13 to 16, s. 17 in respect of par. 88(1)(a) of the English version of the Canada Grain Act and in respect of the portion of s. 88(1) of the French version of the Canada Grain Act that reads as follows: "soit pénétrer dans une installation ou dans les locaux d'un titulaire de licence d'exploitation d'une installation ou de négociant en grains ou en cultures spéciales s'il a des motifs raisonnables de croire que des grains, des produits céréaliers ou des criblures s'y trouvent, qu'ils appartiennent au titulaire ou soient en sa possession, ainsi que des livres, registres ou autres documents relatifs à l'exploitation de l'installation ou du commerce'', and ss. 18 to 23, 24(2) and (3) and 26 to 28;
3. An Act to amend the Canadian Wheat Board Act and to make consequential amendments to other Acts, S.C. 1998, c. 17:
-ss. 6(3), 7, 18(1), 19(4), 22 and s. 25 in respect of s. 47 of the Canadian Wheat Board Act;
4. Agricultural Marketing Programs Act, S.C. 1997, c. 20:
-ss. 44 to 46;
5. Canada Grain Act, R.S., c. G-10:
-par. (d) and (e) of definition "elevator'' in s. 2, and
-ss. 55(2) and (3);
6. Canadian Wheat Board Act, R.S., c. C-24:
-ss. 20 to 22;
7. Budget Implementation Act, 1998, S.C. 1998, c. 21:
-ss. 131 and 132;
8. An Act to implement the Agreement on Internal Trade, S.C. 1996, c. 17:
-ss. 17 and 18;
9. Nordion and Theratronics Divestiture Authorization Act, S.C. 1990, c. 4:
-s. 9;
10. Preclearance Act, S.C. 1999, c. 20:
-s. 37;
11. Contraventions Act, S.C. 1992, c. 47:
-ss. 8(1)(d), 9, 10, 12 to 16, 17(1) to (3), 18, 19, 21 to 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 with respect to ss. 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16, and 85;
12. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:
-ss. 89, 90, 97, 107(1) and (3), 109, 128, 174, 175(2), 176(1), 177, 178, 180 to 186, 275, 277, 286 to 288 and 290;
13. Firearms Act, S.C. 1995, c. 39:
-par. 24(2)(d), ss. 39, 42 to 46, 48 and 53;
14. Marine Liability Act, S.C. 2001, c. 6:
-s. 45;
15. Canada Marine Act, S.C. 1998, c. 10:
-ss. 140, 178, 185, and 201, and
-Part 2 to the Schedule; and
16. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:
-ss. 155, 157, 158, 161(1) and (4).
After debate,
The Honourable Senator Banks moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Plett moved, seconded by the Honourable Senator Patterson:
That, in accordance with rule 74(1), the Standing Senate Committee on Agriculture and Forestry be authorized to examine the subject-matter of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, introduced in the House of Commons on October 18, 2011, in advance of the said bill coming before the Senate.
After debate,
In amendment, the Honourable Senator Peterson moved, seconded by the Honourable Senator Cordy, that this motion not now be adopted, but that it be amended by adding:
"and that the Standing Senate Committee on Agriculture and Forestry hold public hearings on the subject matter of Bill C-18 in the provinces of Alberta, Saskatchewan and Manitoba between the date of the adoption of this motion and December 16, 2011.''.
After debate,
A Point of Order was raised as to the acceptability of the motion in amendment.
Debate.
SPEAKER PRO TEMPORE'S RULING
Honourable senators, it is the view of the chair that the standard way of making an amendment to a motion is to use the language, "That the motion not now be adopted but,'' and accordingly the finding is that there is no point of order.
We now proceed to debate on the motion in amendment.
The Senate resumed debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Patterson:
That, in accordance with rule 74(1), the Standing Senate Committee on Agriculture and Forestry be authorized to examine the subject-matter of Bill C-18, An Act to reorganize the Canadian Wheat Board and to make consequential and related amendments to certain Acts, introduced in the House of Commons on October 18, 2011, in advance of the said bill coming before the Senate;
And on the motion in amendment of the Honourable Senator Peterson, seconded by the Honourable Senator Cordy, that this motion not now be adopted, but that it be amended by adding:
"and that the Standing Senate Committee on Agriculture and Forestry hold public hearings on the subject matter of Bill C-18 in the provinces of Alberta, Saskatchewan and Manitoba between the date of the adoption of this motion and December 16, 2011.''.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 67(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Carignan, calling the attention of the Senate to the deplorable use of violence by the Libyan regime against the Libyan people as well as the actions the Canadian Government is undertaking alongside our allies, partners and the United Nations, in order to promote and support United Nations Security Council Resolution 1973.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-16, An Act to amend the National Defence Act (military judges), 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 Oliver, 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.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to subsection 12.(1) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
—By oral declaration, the Honourable Senator Smith, P.C. (Cobourg) (Bill C-18).
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Rivard:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:57 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 Campbell replaced the Honourable Senator Cordy (November 16, 2011).
The Honourable Senator Meredith replaced the Honourable Senator Nolin (November 16, 2011).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Eaton replaced the Honourable Senator Stewart Olsen (November 16, 2011).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Dickson replaced the Honourable Senator Martin (November 16, 2011).
Standing Senate Committee on National Finance
The Honourable Senator Frum replaced the Honourable Senator Dickson (November 16, 2011).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Meighen replaced the Honourable Senator Martin (November 16, 2011).