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Journals of the Senate

61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate

1st Session, 41st Parliament


Issue 106

Thursday, October 4, 2012
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Day, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Frum, Gerstein, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Peterson, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Unger, Verner, Wallace, Wallin, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, *Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, *Dawson, Day, Demers, Downe, Doyle, *Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, *Fraser, Frum, Gerstein, *Greene, Harb, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, *Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, *Patterson, Peterson, Plett, Poirier, *Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, *Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, 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

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Annual Report of the Office of the Privacy Commissioner of Canada for the year ended March 31, 2012, pursuant to the Privacy Act, R.S.C. 1985, c. P-21, s. 38.—Sessional Paper No. 1/41-1238.

o o o

The Honourable Senator Carignan tabled the following:

Certificate of Nomination and biographical notes of Lyse Ricard, the nominee for the position of Senate Ethics Officer.—Sessional Paper No. 1/41-1239S.

Government Response, dated October 2, 2012, to the third report of the Standing Senate Committee on Official Languages entitled: Air Canada's Obligations under the Official Languages Act: Towards Substantive Equality, tabled in the Senate on March 13, 2012.—Sessional Paper No. 1/41-1240S.
(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Official Languages)

2011 Annual Report of Activities by the Global Centre for Pluralism.—Sessional Paper No. 1/41-1241.

Presenting or Tabling Reports from Standing or Special Committees

The Honourable Senator Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, informed the Senate that, pursuant to the orders adopted by the Senate on June 16, 2011 and June 5, 2012, the committee deposited with the Clerk of the Senate on July 18, 2012, the fourth report of the said committee entitled: Now or Never: Canada Must Act Urgently to Seize its Place in the New Energy World Order.—Sessional Paper No. 1/41-1020S.

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang, 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.

o o o

The Honourable Senator Mockler presented the following:

Thursday, October 4, 2012

The Standing Senate Committee on Agriculture and Forestry has the honour to present its

SEVENTH REPORT

Your committee, to which was referred Bill S-11, An Act respecting food commodities, including their inspection, their safety, their labelling and advertising, their import, export and interprovincial trade, the establishment of standards for them, the registration or licensing of persons who perform certain activities related to them, the establishment of standards governing establishments where those activities are performed and the registration of establishments where those activities are performed, has, in obedience to the order of reference of Wednesday, June 20, 2012, examined the said bill and now reports the same with the following amendments:

1. Clause 51, page 21:

Replace line 34 with the following:

"names in respect of any food commodity and".

2. Clause 68, page 30:

Replace lines 22 to 25 with the following:

"68. (1) Five years after the coming into force of this section, and every five years after that, the Minister must undertake a review of the provisions and operation of this Act, including an assessment of the resources allocated to its administration and enforcement.".

Respectfully submitted,

PERCY MOCKLER

Chair

The Honourable Senator Mockler moved, seconded by the Honourable Senator MacDonald, 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.

Government Notices of Motions

With leave of the Senate,

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

That, today at 2:45 p.m., the Senate do resolve itself into a Committee of the Whole in order to receive Ms. Lyse Ricard, respecting her appointment as Senate Ethics Officer; and

That the Committee of the Whole report to the Senate no later than one hour after it begins.

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

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Nolin tabled the following:

Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Annual NATO Economics and Security Committee's consultation with the Organisation for Economic Co- operation and Development and at the Joint Meeting of the Defence and Security, Economics and Security, and Political Committees, held in Paris, France and Brussels, Belgium, from February 10 to 14, 2012.—Sessional Paper No. 1/41-1242.

o o o

The Honourable Senator Andreychuk tabled the following:

Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its Bilateral Visit to Johannesburg and Cape Town, South Africa, from September 9 to 17, 2011.—Sessional Paper No. 1/41-1243.

o o o

The Honourable Senator MacDonald tabled the following:

Report of the Canadian Section of ParlAmericas respecting its participation at the the Annual Gathering of the Group of Women Parliamentarians, held in Valparaiso, Chile, on May 8 and 9, 2012.—Sessional Paper No. 1/41-1244.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Inquiries

Order No. 3 was called and postponed until the next sitting.

OTHER BUSINESS

Senate Public Bills — Second Reading

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

Commons Public Bills — Second Reading

Orders No. 1 to 5 were called and postponed until the next sitting.

Reports of Committees — Other

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

Motions

Order No. 83 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino:

That the Standing Committee on Internal Economy, Budgets and Administration be authorized to examine and report on the powers and responsibilities of the officers of parliament, and their reporting relationships to the two houses; and

That the committee present is final report no later than March 31, 2013.

After debate,

In amendment, the Honourable Senator Tardif moved, seconded by the Honourable Senator Hubley, that the motion be not now adopted, but that it be amended by replacing the words "Internal Economy, Budgets and Administration" with the words "Rules, Procedures and the Rights of Parliament".

The Honourable Senator Cools 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.

COMMITTEE OF THE WHOLE

At 2:45 p.m., pursuant to the order adopted earlier today, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Ms. Lyse Ricard respecting her appointment as Senate Ethics Officer, the Honourable Senator Oliver in the Chair.

In the Committee—

Pursuant to the order adopted earlier today, Ms. Ricard was escorted to her seat in the Senate Chamber.

Debate.

Ordered, That the Committee rise, and that the Chair report that the Committee has heard the witness.

The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the Committee has heard the witness.

With leave of the Senate,

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

That, in accordance with section 20.1 of the Parliament of Canada Act, chapter P-1 of the Revised Statutes of Canada, 1985, the Senate approve the appointment of Lyse Ricard as Senate Ethics Officer for a term of seven years.

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

OTHER BUSINESS

Inquiries

Orders No. 46, 30, 3, 19, 52, 44, 37, 9, 18, 22, 51, 54, 50, 45, 35, 27, 40, 48 and 47 were called and postponed until the next sitting.

o o o

Order No. 29 was called and, pursuant to rule 4-15(2), dropped from the Order Paper.

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 Poirier:

That when the Senate adjourns today, it do stand adjourned until Tuesday, October 16, 2012, at 2 p.m.

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

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):

Reports of the Security Intelligence Review Committee for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 1234.

Reports of the Privy Council Office for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-1235.

Report of the Canadian Centre for Occupational Health and Safety, together with the Auditor General's Report, for the fiscal year ended March 31, 2012, pursuant to the Canadian Centre for Occupational Health and Safety Act, R.S.C. 1985, c. C-13, sbs. 26(2). —Sessional Paper No. 1/41-1236.

Report of the Canadian Artists and Producers Professional Relations Tribunal for the fiscal year ended March 31, 2012, pursuant to the Status of the Artist Act, S.C. 1992, c. 33, s. 61. —Sessional Paper No. 1/41-1237.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 3:51 p.m. the Senate was continued until Tuesday, October 16, 2012 at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Demers (October 3, 2012).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Bellemare replaced the Honourable Senator Frum (October 4, 2012).

The Honourable Senator Frum replaced the Honourable Senator Greene (October 3, 2012).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Patterson replaced the Honourable Senator McInnis (October 4, 2012).

The Honourable Senator McInnis replaced the Honourable Senator Patterson (October 4, 2012).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Raine replaced the Honourable Senator Runciman (October 3, 2012).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Dallaire replaced the Honourable Senator De Bané, P.C. (October 3, 2012).

The Honourable Senator De Bané, P.C., replaced the Honourable Senator Dallaire (October 3, 2012).

The Honourable Senator Mockler replaced the Honourable Senator Wallin (October 3, 2012).

Standing Senate Committee on National Finance

The Honourable Senator Ringuette replaced the Honourable Senator Mitchell (October 3, 2012).

The Honourable Senator Neufeld replaced the Honourable Senator Finley (October 3, 2012).

The Honourable Senator Dagenais replaced the Honourable Senator McInnis (October 3, 2012).

The Honourable Senator Demers replaced the Honourable Senator Bellemare (October 3, 2012).

Standing Senate Committee on Official Languages

The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Nolin (October 4, 2012).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Day replaced the Honourable Senator Dyck (October 4, 2012).

The Honourable Senator Peterson replaced the Honourable Senator Callbeck (October 4, 2012).

The Honourable Senator Mockler replaced the Honourable Senator Eaton (October 4, 2012).

The Honourable Senator Dyck replaced the Honourable Senator Chaput (October 3, 2012).

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