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Journals of the Senate

61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate

1st Session, 41st Parliament


Issue 65

Thursday, March 29, 2012
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Boisvenu, Brazeau, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cowan, Dagenais, Dawson, De Bané, Demers, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, Mahovlich, Maltais, Marshall, Massicotte, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Patterson, Peterson, Plett, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Boisvenu, Brazeau, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, *Cochrane, Comeau, Cools, *Cordy, Cowan, Dagenais, Dawson, *Day, De Bané, Demers, Downe, Doyle, Duffy, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fraser, Frum, Furey, Greene, *Harb, Hervieux-Payette, Housakos, *Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Losier-Cool, Lovelace Nicholas, *MacDonald, Mahovlich, Maltais, *Manning, Marshall, Massicotte, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, *Oliver, Patterson, Peterson, Plett, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, 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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-5, An Act to amend the law governing financial institutions and to provide for related and consequential matters,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Senate Ethics Officer, for the fiscal year ended March 31, 2012, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 20.7.—Sessional Paper No. 1/41-782S.

°    °    °

The Honourable Senator Carignan tabled the following:

Document entitled: Passport Canada's Fee-for-Service Proposal to Parliament, dated March 2012, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs. 4(2).—Sessional Paper No. 1/41-783.
(Pursuant to Rule 28(3.1), this document is deemed referred to the Standing Senate Committee on Foreign Affairs and International Trade)

Document entitled Canada's Engagement in Afghanistan — Fourteenth and Final Report to Parliament.—Sessional Paper No. 1/41-784.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Stratton, chair of the Standing Committee on Conflict of Interest for Senators, presented its third report (amendments to the Conflict of Interest Code for Senators).

(The report is printed as Appendix ''A'' at pages 1010-1044.)

The Honourable Senator Stratton moved, seconded by the Honourable Senator Joyal, 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.

°    °    °

The Honourable Senator Tkachuk presented the following:

Thursday, March 29, 2012

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

NINTH REPORT

Your Committee recommends that the following funds be released for fiscal year 2012-2013.

Banking, Trade and Commerce (Legislation)

Professional and Other Services $ —
Transportation and Communications
All Other Expenditures 7,300
TOTAL $ 7,300

Conflict of Interest for Senators

Professional and Other Services $ 50,000
Transportation and Communications
All Other Expenditures
TOTAL $ 50,000

(includes funds for sole source for professional services)

Legal and Constitutional Affairs (Legislation)

Professional and Other Services $ 22,500
Transportation and Communications
All Other Expenditures 5,000
TOTAL $ 27,500

Scrutiny of Regulations (Joint)

Professional and Other Services $ 900
Transportation and Communications 750
All Other Expenditures 1,350
TOTAL $ 3,000

Respectfully submitted,

DAVID TKACHUK

Chair

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Neufeld, 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 Mitchell, Deputy Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its third report (budget—study on the energy sector).

(The report is printed as Appendix ''B'' at pages 1045-1054.)

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Dawson, 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 Wallace, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its tenth report (Bill C-19, An Act to amend the Criminal Code and the Firearms Act, without amendment).

The Honourable Senator Wallace moved, seconded by the Honourable Senator Comeau, 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 fourth report (budget—study on emerging issues related to the Canadian airline industry).

(The report is printed as Appendix ''C'' at pages 1055-1062.)

The Honourable Senator Dawson moved, seconded by the Honourable Senator Robichaud, 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.

First Reading of Commons Public Bills

A message was brought from the House of Commons with a Bill C-288, An Act respecting the National Flag of Canada, 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 Eaton, 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.

WRITTEN DECLARATION OF ROYAL ASSENT

At 2:33 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

March 29, 2012

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 29th day of March, 2012, at 2:06 p.m.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

Schedule

Bills Assented To

Thursday, March 29, 2012

An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2012 (Bill C-34, Chapter 3, 2012)

An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013 (Bill C-35, Chapter 4, 2012)

An Act to amend the law governing financial institutions and to provide for related and consequential matters (Bill S-5, Chapter 5, 2012)

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Ogilvie, for the third reading of Bill S-6, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations.

After debate,

The Honourable Senator Tardif moved, seconded by the Honourable Senator Ringuette, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Orders No. 2 and 3 were called and postponed until the next sitting.

Reports of Committees

Consideration of the first report of the Special Senate Committee on Certain Government Bills (committee name change), presented in the Senate on March 27, 2012.

The Honourable Senator Segal moved, seconded by the Honourable Senator Housakos, that the report be adopted.

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

OTHER BUSINESS

Senate Public Bills

Orders No. 1 to 3 were called and postponed until the next sitting.

°    °    °

Order No. 4 (Bill S-208) was called and pursuant to rule 27(3) was dropped from the Order Paper.

°    °    °

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

Commons Public Bills

Orders No. 1 and 2 were called and postponed until the next sitting.

Reports of Committees

Orders No. 1 to 4 were called and postponed until the next sitting.

Other

Orders No. 30, 18, 22 (inquiries), 19 (motion) and 9 (inquiry) were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Eaton, calling the attention of the Senate to the interference of foreign foundations in Canada's domestic affairs and their abuse of Canada's existing Revenue Canada Charitable status.

After debate,

The Honourable Senator Segal, for the Honourable Senator Cowan, moved, seconded by the Honourable Senator Demers, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

Orders No. 33, 34, 20, 23, 24, 29, 25, 27 (inquiries), 61 (motion), 3, 11, 19 and 26 (inquiries) were called and postponed until the next sitting.

—————

With leave,

The Senate reverted to Government Notices of Motions.

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:

That when the Senate adjourns today, it do stand adjourned until Monday, April 2, 2012, at 6 p.m. and that rule 13(1) be suspended in relation thereto.

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

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

Report on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Fisheries Act for the fiscal year ended March 31, 2011, pursuant to the Act, R.S.C. 1985, c. F-14, sbs. 42.1(1).—Sessional Paper No. 1/41-781.

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Johnson:

That the Senate do now adjourn.

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

(Accordingly, at 3:22 p.m. the Senate was continued until Monday, April 2, 2012 at 6 p.m.)

—————

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

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Stewart Olsen replaced the Honourable Senator Mockler (March 29, 2012).

The Honourable Senator Tkachuk replaced the Honourable Senator St. Germain, P.C. (March 29, 2012).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Brown replaced the Honourable Senator Frum (March 28, 2012).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Poirier replaced the Honourable Senator Demers (March 28, 2012).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Finley replaced the Honourable Senator Stratton (March 29, 2012).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Patterson replaced the Honourable Senator Di Nino (March 29, 2012).

The Honourable Senator Dawson replaced the Honourable Senator Cordy (March 28, 2012).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Lang replaced the Honourable Senator Unger (March 29, 2012).

The Honourable Senator Unger replaced the Honourable Senator Lang (March 29, 2012).

Standing Senate Committee on National Finance

The Honourable Senator Gerstein replaced the Honourable Senator Dagenais (March 28, 2012).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Martin replaced the Honourable Senator Plett (March 29, 2012).

The Honourable Senator Campbell replaced the Honourable Senator Peterson (March 28, 2012).

The Honourable Senator Peterson replaced the Honourable Senator Cordy (March 28, 2012).


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