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59 Elizabeth II, A.D. 2010, Canada

Journals of the Senate
(Unrevised)

3rd Session, 40th Parliament


Issue 49

Monday, July 12, 2010
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivest, Robichaud, Rompkey, Runciman, St. Germain, Segal, Seidman, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brazeau, Brown, Callbeck, Campbell, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Di Nino, Dickson, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Kochhar, Lang, Lapointe, LeBreton, Losier-Cool, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McCoy, Meighen, Mercer, Merchant, Mitchell, Mockler, Moore, Munson, Murray, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Pépin, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivest, Robichaud, Rompkey, Runciman, St. Germain, Segal, Seidman, Stewart Olsen, Stollery, Stratton, Tardif, Tkachuk, Wallace, Wallin, Watt, Zimmer

PRAYERS

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that Salma Ataullahjan had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there was a Senator without waiting to be introduced.

The Honourable Senator Ataullahjan was introduced between the Honourable Senator LeBreton, P.C., and the Honourable Senator Finley, and having presented Her Majesty's Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Michaëlle Jean
(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO
Our Trusty and Well-beloved,

SALMA ATAULLAHJAN

of Scarborough, in the Province of Ontario,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

The Honourable William Ian Corneil Binnie, a Puisne Judge of the Supreme Court of Canada and Deputy of Our Right Trusty and Well-beloved Michaëlle Jean, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OTTAWA, this ninth day of July in the year of Our Lord two thousand and ten and in the fifty-ninth year of Our Reign.

BY COMMAND,

TONY CLEMENT

Registrar General of Canada

The Honourable Senator Ataullahjan came to the table and took and subscribed the Oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a Member of the Senate.

°    °    °

The Honourable the Speaker informed the Senate that the Honourable Senator introduced today had made and subscribed the Declaration of Property Qualification required of her by the Constitution Act 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

The Honourable Senator Comeau moved, seconded by the Honourable Senator Eaton:

That, pursuant to rule 39, a single period of a further six hours of debate, in total, be allocated to dispose of both the report and third reading stages of Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures;

That if debate on report stage comes to an end before the expiration of the six hours, the Speaker shall put forthwith and successively every question necessary to dispose of report stage in accordance with rule 39(4);

That if debate on third reading comes to an end before the expiration of the six hours, the Speaker shall put forthwith and successively every question necessary to dispose of third reading in accordance with rule 39(4); and

That at the expiration of the six hours of debate the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively all questions necessary to dispose of report stage, if not yet disposed of, and third reading in accordance with rule 39(4).

After debate,

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Champagne, Cochrane, Comeau, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivest, Runciman, Seidman, St. Germain, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—48

NAYS

The Honourable Senators

Baker, Callbeck, Campbell, Chaput, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Lapointe, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Stollery, Tardif, Watt, Zimmer—42

ABSTENTIONS

The Honourable Senators

Nil

Reports of Committees

Consideration of the sixth report of the Standing Senate Committee on National Finance (Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, with amendments), presented in the Senate on July 8, 2010.

The Honourable Senator Day moved, seconded by the Honourable Senator Losier-Cool, that the report be adopted.

After debate,

With leave of the Senate, it was agreed that the Senate proceed to the recorded division on the motion.

Accordingly, the question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

Baker, Callbeck, Campbell, Chaput, Cools, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Kenny, Lapointe, Losier-Cool, Lovelace Nicholas, Mahovlich, Massicotte, McCoy, Mercer, Merchant, Mitchell, Moore, Munson, Murray, Pépin, Peterson, Poulin, Poy, Ringuette, Robichaud, Rompkey, Stollery, Tardif, Watt, Zimmer—44

NAYS

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Boisvenu, Braley, Brazeau, Brown, Champagne, Cochrane, Comeau, Di Nino, Dickson, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Kinsella, Kochhar, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Meighen, Mockler, Nancy Ruth, Neufeld, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivest, Runciman, Seidman, St. Germain, Stewart Olsen, Stratton, Tkachuk, Wallace, Wallin—48

ABSTENTIONS

The Honourable Senators

Nil

With leave of the Senate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Di Nino, that the bill be read the third time now.

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

The bill was then read the third time and passed, on division.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.


Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.


Ordered, That the sitting be suspended to reassemble at the call of the chair with a fifteen minute bell.

(Accordingly, at 10:49 p.m., the sitting was suspended.)

At 11:20 p.m., the sitting resumed.

WRITTEN DECLARATION OF ROYAL ASSENT

At 11:20 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

July 12, 2010

Mr. Speaker:

I have the honour to inform you that the Honourable Thomas Cromwell, Puisne Judge of the Supreme Court of Canada, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 12th day of July, 2010, at 11:05 p.m.

Yours sincerely,

Sheila-Marie Cook

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

Schedule

Bill Assented To

Monday, July 12, 2010

An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures (Bill C-9, Chapter 12, 2010)


With leave of the Senate,

The Honourable Senator Comeau moved, seconded by the Honourable Senator Tkachuk:

That when the Senate adjourns today, it do stand adjourned until Tuesday, September 28, 2010, at 2 p.m.

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

ADJOURNMENT

The Honourable Senator Comeau moved, seconded by the Honourable Senator Ataullahjan:

That the Senate do now adjourn.

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

(Accordingly, at 11:24 p.m. the Senate was continued until Tuesday, September 28, 2010 at 2 p.m.)


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

Special Senate Committee on Anti-terrorism

The Honourable Senator Greene replaced the Honourable Senator Nolin (July 12, 2010).

The Honourable Senator Baker, P.C., replaced the Honourable Senator Joyal, P.C. (July 12, 2010).

The Honourable Senator Dallaire replaced the Honourable Senator Smith, P.C. (July 12, 2010).

The Honourable Senator Patterson replaced the Honourable Senator Wallin (July 12, 2010).


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