Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 85
Tuesday, June 5, 2012
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Angus, Ataullahjan, Boisvenu, Braley, Brown, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Di Nino, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Furey, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Marshall, Martin, Massicotte, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Angus, Ataullahjan, Boisvenu, Braley, Brown, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, *Dallaire, Dawson, Day, *De Bané, Demers, Di Nino, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Furey, Greene, Harb, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, *Manning, Marshall, Martin, Massicotte, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, *Plett, Poirier, Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, *Wallin, 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 in the following words:
Monday, June 4, 2012
RESOLVED,—That an humble Address be presented to Her Majesty the Queen in the following words:
TO THE QUEEN'S MOST EXCELLENT MAJESTY:
MOST GRACIOUS SOVEREIGN:
We, Your Majesty's loyal and dutiful subjects, the House of Commons of Canada in Parliament assembled, beg to offer our sincere congratulations on the happy completion of the sixtieth year of Your reign.
The People of Canada have often been honoured to welcome Your Majesty and other members of the Royal Family to our land during Your reign, and have witnessed directly Your inspiring example of devotion to duty and unselfish labour on behalf of the welfare of Your People in this country and in the other nations of the Commonwealth.
In this, the Diamond Jubilee year of your reign as Queen of Canada, we trust that Your gracious and peaceful reign may continue for many years and that Divine Providence will preserve Your Majesty in health, in happiness and in the affectionate loyalty of Your people.
ORDERED,—That the said Address be engrossed; and
That a Message be sent to the Senate informing their Honours that this House has adopted the said Address and requesting their Honours to unite in the said Address by filling up the blanks with the words ''the Senate and''.
ATTEST
AUDREY O'BRIEN
The Clerk of the House of Commons
The Honourable Senator Carignan moved, seconded by the Honourable Senator Cowan, that the Message be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
DAILY ROUTINE OF BUSINESS
Tabling of Documents
The Honourable the Speaker tabled the following:
Annual Report of the Office of the Privacy Commissioner of Canada on the Personal Information Protection and Electronic Documents Act, for the year 2011, pursuant to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, sbs. 25(1).—Sessional Paper No. 1/41-936.
Presentation of Reports from Standing or Special Committees
The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, tabled its fifth report (interim) entitled: The Future of Canadian Air Travel: Toll Booth or Spark Plug.—Sessional Paper No. 1/41-937S.
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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 25(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 31, dated October 18, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Mitchell, respecting the economic modeling of climate change impacts.—Sessional Paper No. 1/41-938S.
Reply to Question No. 32, dated October 27, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Canada Shipping Act and regulations concerning cruise ships and sewage discharge.—Sessional Paper No. 1/41-939S.
SPEAKER'S RULING
On May 31, 2012, the Honourable Senator Ringuette raised a question about the fact that the National Finance Committee had met at the same time as the Committee of the Whole considering Bill C-39. A similar objection was raised on March 14, 2012, when a Committee of the Whole was considering Bill C-33 at the same time a meeting of the Banking, Trade and Commerce Committee was scheduled.
This complaint involves conflicting priorities, obligations, and preferences, a feature that often confronts us as parliamentarians. In this case, for this matter to have merit, it would be necessary to establish that the sitting of the Senate, the Committee of the Whole, or the standing committee was in any way irregular.
In the normal course of events, the standing and special committees are not permitted to sit when the Senate is sitting, according to rule 95(4). Rule 4(j)(ii) clearly defines a sitting as starting after prayers and ending with adjournment, so this prohibition holds when the Senate is sitting, when a Committee of the Whole is meeting, or when the Senate is suspended for the dinner break. Exceptions to rule 95(4) occur, however, when committees are given permission to meet even though the Senate may be sitting.
With respect to the concern raised on March 14, that day was a Wednesday, and under the order adopted by the Senate on October 18, 2011, committees scheduled to meet after 4 p.m. on a Wednesday can do so, even if the Senate is sitting. The more recent incident of May 31 related to a meeting of the National Finance Committee dealing with the subject-matter of Bill C-38. The order of the Senate of May 3, specifically authorized the National Finance Committee to meet while the Senate was sitting, also suspending the application of rule 95(4).
Without the special permissions granted by these motions and authorizing a suspension of rule 95(4), Senator Ringuette's objection would be well-founded. The Senate had, however, adopted such motions, leaving it to the discretion of the committees involved as to how and when the power to sit despite rule 95(4) would be used. That is, if the committees involved preferred not to sit while the Senate is sitting — including when a Committee of the Whole is meeting — they had the right not to sit. If, however, the committees chose to sit, they were allowed to do so. In such circumstances it is a matter for individual senators whether they wish to attend the committee or the proceedings in the Senate Chamber.
The committees in question exercised powers granted to them by the Senate.
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.
COMMITTEE OF THE WHOLE
At 2:59 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, the committee studied chapters five, six, seven, eight and nine of Appendix one of the report.
Debate.
_________
Chapter five of the First Appendix of the report was read.
The Honourable Senator Cools moved, seconded by the Honourable Senator Moore:
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 5, section 5-7,
(a) on page 47, by adding the following after paragraph (i):
''(j) raising a question of privilege''; and
(b) on pages 47 and 48, by re-lettering paragraphs (j) through (p), and any cross-references thereto, as paragraphs (k) through (q) accordingly.
The question being put on the motion in amendment, it was negatived.
The question of concurrence being put on chapter five of the First Appendix of the report, it was adopted.
_________
Chapter six of the First Appendix of the report was read.
The question of concurrence being put on chapter six of the First Appendix of the report, it was adopted.
_________
Chapter seven of the First Appendix of the report was read.
The question of concurrence being put on chapter seven of the First Appendix of the report, it was adopted.
_________
Chapter eight of the First Appendix of the report was read.
The question of concurrence being put on chapter eight of the First Appendix of the report, it was adopted.
_________
Chapter nine of the First Appendix of the report was read.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Carignan:
That chapter nine of the First Appendix of the report be not now adopted but that it be amended by:
(a) renumbering rule 9-6(1) as rule 9-6, at page 74 of the Appendix (page 490 of the Journals of the Senate);
(b) deleting rule 9-6(2), at page 75 of the Appendix (page 491 of the Journals of the Senate); and
(c) updating any cross-references in the report and its appendices, including the lists of exceptions, accordingly.
The question being put on the motion in amendment, it was adopted.
The question of concurrence being put on chapter nine, of the First Appendix of the report, as amended, it was adopted.
_________
Pursuant to the order adopted on May 17, 2012, the committee studied chapters ten, eleven and twelve of Appendix one of the report.
Debate.
_________
Chapter ten of the First Appendix of the report was read.
The question of concurrence being put on chapter ten of the First Appendix of the report, it was adopted.
_________
Chapter eleven of the First Appendix of the report was read.
The question of concurrence being put on chapter eleven of the First Appendix of the report, it was adopted.
_________
Chapter twelve of the First Appendix of the report was read.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Carignan:
That chapter twelve of the First Appendix of the report be not now adopted but that it be amended by replacing rule 12-4, at page 93 of the Appendix (page 509 of the Journals of the Senate), with the following:
''Standing joint committees
12-4. The number of Senators appointed to the following standing joint committees shall be recommended by the Committee of Selection:
(a) the Standing Joint Committee on the Library of Parliament; and
(b) the Standing Joint Committee for the Scrutiny of Regulations.
REFERENCES
Parliament of Canada Act, sections 74 and 78
Statutory Instruments Act, sections 19 and 19.1''.
The question being put on the motion in amendment, it was adopted.
The question of concurrence being put on chapter twelve, 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
Second reading of Bill C-316, An Act to amend the Employment Insurance Act (incarceration).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Marshall, that the bill be read the second time.
After debate,
The Honourable Senator Tardif, for the Honourable Senator Eggleton, P.C., 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.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
Reports of Committees
Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Nolin, for the adoption of the eleventh report of the Standing Committee on Internal Economy, Budgets and Administration (Senators' Travel Policy), tabled in the Senate on May 17, 2012.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
Other
Orders No. 11, 19, 37, 27, 40 and 9 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Losier-Cool, calling the attention of the Senate to the evolution of education in the language of the minority.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Comeau.
° ° °
Orders No. 18, 22, 41, 32 (inquiries), 81 (motion), 44, 45, 35 and 39 (inquiries) were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Cordy, calling the attention of the Senate to those Canadians living with multiple sclerosis (MS) and chronic cerebrospinal venous insufficiency (CCSVI), who lack access to the ''liberation'' procedure.
After debate,
The Honourable Senator Cordy, for the Honourable Senator Harb, moved, seconded by the Honourable Senator Zimmer, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 19 (motion), 38, 33, 29 (inquiries), 83 (motion), 25, 42, 26 (inquiries), 75 (motion) and 20 (inquiry) were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Angus moved, seconded by the Honourable Senator Nolin:
That notwithstanding the Order of the Senate adopted on Thursday, June 16, 2011, the date for the tabling of the final report by the Standing Senate Committee on Energy, the Environment and Natural Resources on the current state and future of Canada's energy sector (including alternative energy), be extended from June 29, 2012 to September 28, 2012; and
That, notwithstanding usual practices, the committee be permitted to deposit with the Clerk of the Senate the above mentioned report if the Senate is not then sitting and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Angus moved, seconded by the Honourable Senator Tkachuk:
That, pursuant to rule 95(3)(a), the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to sit for two days this summer, on dates to be determined after consultation with the committee members, for the purpose of considering a draft report, even though the Senate may then be adjourned for a period exceeding one week.
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 transportation in Canada for the year 2011, pursuant to the Canada Transportation Act, S.C. 1996, c. 10, sbs. 52(1).—Sessional Paper No. 1/41-932.
Actuarial Report of the Office of the Superintendent of Financial Institutions on the Canada Student Loans Program dated July 31, 2011, pursuant to the Canada Student Financial Assistance Act, S.C. 1994, c. 28, s. 19.1.—Sessional Paper No. 1/41-933.
Summaries of the Corporate Plan for the period 2011-2016 and of the Operating and Capital Budgets for 2011-2012 of PPP Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-934.
Summaries of the Corporate Plan for 2012-2013 to 2016-2017 and of the Operating and Capital Budgets for 2012- 2013 of the Standards Council of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-935.
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 5:06 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
_________
Changes in Membership of Committees Pursuant to Rule 85(4)
Special Senate Committee on Anti-terrorism
The Honourable Senator Andreychuk replaced the Honourable Senator Boisvenu (June 5, 2012).
The Honourable Senator Frum replaced the Honourable Senator Wallace (June 5, 2012).
The Honourable Senator Boisvenu replaced the Honourable Senator Andreychuk (June 4, 2012).
The Honourable Senator Wallace replaced the Honourable Senator Frum (June 4, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Nancy Ruth replaced the Honourable Senator Martin (June 5, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Finley replaced the Honourable Senator Stratton (June 5, 2012).
Standing Senate Committee on Human Rights
The Honourable Senator Seidman replaced the Honourable Senator Nancy Ruth (June 4, 2012).
The Honourable Senator Nancy Ruth replaced the Honourable Senator Andreychuk (June 4, 2012).
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Campbell (June 4, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Hubley (June 4, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Carignan replaced the Honourable Senator Dagenais (June 4, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Tkachuk replaced the Honourable Senator Buth (June 5, 2012).
The Honourable Senator Chaput replaced the Honourable Senator Peterson (June 4, 2012).
The Honourable Senator Finley replaced the Honourable Senator Stewart Olsen (June 4, 2012).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Finley (May 31, 2012).
Standing Senate Committee on National Security and Defence
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Dawson (June 4, 2012).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Demers replaced the Honourable Senator Housakos (June 5, 2012).