Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 82
Tuesday, May 29, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, *Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Losier-Cool, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, *Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable Senator Carignan tabled the following:
Copy of the Special Economic Measures (Syria) Regulations (P.C. 2012-657), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/41-920.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its fifth report entitled: Intensifying Strategic Partnerships with the New Brazil.—Sessional Paper No. 1/41-921S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, 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.
Notices of Motions
With leave of the Senate,
The Honourable Senator Angus moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5 p.m. on Tuesday, May 29, 2012, even though the Senate may then be sitting, and that rule 95(4) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills
Order No. 1 was called and postponed until the next sitting.
Inquiries
Order No. 3 was called and postponed until the next sitting.
Motions
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2013.
The question being put on the motion, it was adopted.
Reports of Committees
Consideration of the second report of the Special Senate Committee on Anti-terrorism (Bill S-7, An Act to amend the Criminal Code, the Canada Evidence Act and the Security of Information Act, with amendments and observations), presented in the Senate on May 16, 2012.
The Honourable Senator Segal moved, seconded by the Honourable Senator Brown, that the report be adopted.
After debate,
The Honourable Senator Tardif 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.
COMMITTEE OF THE WHOLE
At 3:21 p.m., pursuant to the order adopted on May 17, 2012, the Senate was adjourned during pleasure and put into a Committee of the Whole to consider the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Revised Rules of the Senate), presented in the Senate on November 16, 2011, the Honourable Senator Oliver in the Chair.
—In the Committee—
Pursuant to the order adopted on May 17, 2012, Senators Carignan, Fraser and Stratton, as representatives of the Standing Committee on Rules, Procedures and the Rights of Parliament, made opening remarks and answered questions.
Debate.
Pursuant to the order adopted on May 17, 2012, the committee studied chapters one, two, three and four of Appendix one of the report.
Debate.
_________
Chapter one of the First Appendix of the report was read.
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt:
That the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament be not now adopted, but that it be amended, in Appendix I, chapter 1, on page 21, by replacing section 1-1 with the following:
''1-1. (1) The Rules of the Senate shall govern the proceedings of the Senate and its committees and shall prevail over any practice described in the appendices to these Rules.
1-1. (2) In any case not provided for in these Rules, the practices of the Senate and the House of Commons shall be followed, with such modifications as the circumstances require.''.
The question being put on the motion in amendment, it was negatived.
The question of concurrence being put on chapter one of the First Appendix of the report, it was adopted.
_________
Chapter two of the First Appendix of the report was read.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan:
That chapter two of the First Appendix of the report be not now adopted but that it be amended by replacing rule 2- 5(3), at page 25 of the Appendix (page 441 of the Journals of the Senate), with the following:
''Appeals of rulings
2-5. (3) Any Senator may appeal a Speaker's ruling at the time it is given, except one relating to the expiry of speaking times. The appeal shall be decided immediately using the ordinary procedure for determining the duration of the bells.''.
The question being put on the motion in amendment, it was adopted.
° ° °
The Honourable Senator Cools moved, seconded by the Honourable Senator Watt:
That the First Report of the Standing Committee on Rules, Procedures and the Rights of Parliament be not now adopted, but that it be amended, in Appendix I, chapter 2, on page 27, by replacing sections 2-13 with the following:
''2-13. (1) If at any sitting of the Senate, or in Committee of the Whole, a Senator shall take notice that strangers are present, the Speaker or the Chairman (as the case may be) shall forthwith put the question ''That strangers be ordered to withdraw'', without permitting any debate or amendment.
2-13. (2) When the Speaker or the Chairman shall think fit, either of them may order the withdrawal of strangers from any part of the Senate, without a prior order of the Senate to that effect.
2-13. (3) When the Senate orders the withdrawal of strangers, the galleries shall be cleared, but those authorized to enter the Senate Chamber and to be on the floor of the Senate while it is in session shall continue to have free access to the Senate.''.
The question being put on the motion in amendment, it was negatived.
° ° °
The Honourable Senator Carignan moved, seconded by the Honourable Senator Tardif:
That the first report of the Standing Committee on Rules, Procedures and the Rights of Parliament be not now adopted, but that it be amended, in Appendix I, chapter 2, on page 27, by replacing sections 2-13. (1) with the following:
''2-13. (1) When, during a sitting of the Senate or a Committee of the Whole, a Senator objects to the presence of strangers, the question ''That strangers be ordered to withdraw'' shall be decided immediately.''.
The question being put on the motion in amendment, it was adopted.
The question of concurrence being put on chapter two of the First Appendix of the report, as amended, it was adopted.
_________
Chapter three of the First Appendix of the report was read.
The question of concurrence being put on chapter three of the First Appendix of the report, it was adopted.
_________
Chapter four of the First Appendix of the report was read.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan:
That chapter four of the First Appendix of the report be not now adopted but that it be amended by replacing rule 4-13(3), at page 43 of the Appendix (page 459 of the Journals of the Senate), with the following:
''Ordering of Government Business
4-13. (3) Government business shall be called in such sequence as the Leader or the Deputy Leader of the Government shall determine.''.
The question being put on the motion in amendment, it was adopted.
The question of concurrence being put on chapter four of the First Appendix of the report, as amended, it was adopted.
_________
Pursuant to the order adopted on May 17, 2012, the Committee of the Whole adjourned, without rising, until its next meeting, which will take place the next Tuesday the Senate is sitting, at the end of Government Business.
_________
The sitting resumed.
OTHER BUSINESS
Senate Public Bills
Orders No. 1 to 3 were 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
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the third report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: A Charter ''Fit for Purpose'': Parliamentary Consultation on the Proposed Charter of the Commonwealth, tabled in the Senate on April 3, 2012.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino, that further debate on the consideration of the report be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other
Orders No. 27, 40, 9, 30, 18, 22, 41, 32 (inquiries), 81 (motion), 44, 45, 35, 39, 3 (inquiries), 19 (motion), 38, 33, 29, 11, 19 (inquiries), 83 (motion), 25, 42, 26 (inquiries), 75 (motion) and 20 (inquiry) were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the need to adequately support new mothers and fathers by eliminating the Employment Insurance two-week waiting period for maternity and parental benefits.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Mahovlich, that further debate on the inquiry 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 review of the provisions and operation of the International Bridges and Tunnels Act, pursuant to the Act, S.C. 2007, c. 1, s. 56.—Sessional Paper No. 1/41-908.
Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2011, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-909.
Report of the Canadian Egg Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2011, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-910.
Report of the Canadian Turkey Marketing Agency, together with the Auditors' Report, for the year ended December 31, 2011, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41- 911.
Report of the Canadian Hatching Egg Producers, together with the Auditors' Report, for the year ended December 31, 2011, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 1/41-912.
Report of Farm Credit Canada for the fiscal year ended March 31, 2012, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-913.
Summaries of the Corporate Plan for 2012-2013 to 2016-2017 and of the Capital and Operating Budgets for 2012- 2013 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-914.
Actuarial Report (including the cost certificate) on the Pension Plan for the Royal Canadian Mounted Police, as at March 31, 2011, and certificate of assets of the Pension Plan, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 30.—Sessional Paper No. 1/41-915.
Summaries of the Corporate Plan for 2012-2013 to 2016-2017 and of the Operating and Capital Budgets for 2012- 2013 of the Canada Deposit Insurance Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F- 11, sbs. 125(4). —Sessional Paper No. 1/41-916.
Climate Change Plan for 2012, pursuant to the Kyoto Protocol Implementation Act, S.C. 2007, c. 30, sbs. 5(4).—Sessional Paper No. 1/41-917.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-918.
Agreement for RCMP policing services (First Nations Community Policing Service) for the province of British Columbia, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-919.
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 written declaration, May 18, 2012, the Honourable Senator Massicotte (Bill C-290).
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 5:57 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 Dagenais replaced the Honourable Senator Demers (May 29, 2012).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Plett replaced the Honourable Senator Nolin (May 23, 2012).
Special Senate Committee on Anti-terrorism
The Honourable Senator Frum replaced the Honourable Senator Buth (May 29, 2012).
The Honourable Senator Buth replaced the Honourable Senator Frum (May 28, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Massicotte replaced the Honourable Senator Dawson (May 17, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Sibbeston replaced the Honourable Senator Munson (May 17, 2012).
The Honourable Senator Mitchell replaced the Honourable Senator Fraser (May 17, 2012).
The Honourable Senator Massicotte replaced the Honourable Senator Dawson (May 17, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Marshall (May 29, 2012).
The Honourable Senator Marshall replaced the Honourable Senator Nolin (May 28, 2012).
The Honourable Senator Hubley replaced the Honourable Senator Day (May 25, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Ringuette replaced the Honourable Senator Tardif (May 25, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Housakos (May 23, 2012).
The Honourable Senator Dyck replaced the Honourable Senator Campbell (May 17, 2012).