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60 Elizabeth II, A.D. 2011, Canada

Journals of the Senate
(Unrevised)

1st Session, 41st Parliament


Issue 6

Tuesday, June 14, 2011
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Seidman, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Banks, Boisvenu, Braley, Brown, Callbeck, Campbell, Carignan, Champagne, Chaput, Cochrane, Comeau, Cools, Cordy, Cowan, Dawson, Day, De Bané, Demers, Di Nino, Downe, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Fortin-Duplessis, Fox, Fraser, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Kochhar, Lang, LeBreton, Losier-Cool, MacDonald, Manning, Marshall, Martin, McCoy, Meighen, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Nolin, Ogilvie, Oliver, Pépin, Peterson, Plett, Poirier, Poulin (Charette), Poy, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, St. Germain, Seidman, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Verner, 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 the Honourable Josée Verner, P.C., had been summoned to the Senate.

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

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

CANADA

David Johnston
(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,

JOSÉE VERNER

of Saint-Augustin-de-Desmaures, in the Province of Quebec,

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 appoint you for the Division of Montarville in Our Province of Quebec, effective the thirteenth day of June in the year of Our Lord two thousand and eleven.

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:

Our Right Trusty and Well-beloved David Johnston, 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 OUR GOVERNMENT HOUSE, in Our City of Ottawa, this thirteenth day of June in the year of Our Lord two thousand and eleven and in the sixtieth year of Our Reign.

BY COMMAND,

CHRISTIAN PARADIS

Registrar General of Canada

The Honourable Senator Verner, P.C., 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 his seat as a Member of the Senate.

The Honourable the Speaker informed the Senate that the Honourable Senator Verner, P.C., 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.

DAILY ROUTINE OF BUSINESS

Tabling of documents

The Honourable the Speaker tabled the following:

Annual Report of the Office of the Public Sector Integrity Commissioner for the fiscal year ending March 31, 2011, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, s. 38.—Sessional Paper No. 1/41-59.

°    °    °

The Honourable Senator Carignan tabled the following:

Reports on Plans and Priorities, Main Estimates, 2011-2012:

Agriculture and Agri-Food Canada

Assisted Human Reproduction Canada

Atlantic Canada Opportunities Agency

Canada Border Services Agency

Canada Industrial Relations Board

Canada Revenue Agency

Canada School of Public Service

Canadian Artists and Producers Professional Relations Tribunal

Canadian Centre for Occupational Health and Safety

Canadian Environmental Assessment Agency

Canadian Food Inspection Agency

Canadian Forces Grievance Board

Canadian Grain Commission

Canadian Heritage

Canadian Human Rights Commission

Canadian Human Rights Tribunal

Canadian Institutes of Health Research

Canadian Intergovernmental Conference Secretariat

Canadian International Development Agency

Canadian International Trade Tribunal

Canadian Northern Economic Development Agency

Canadian Nuclear Safety Commission

Canadian Radio-television and Telecommunications Commission

Canadian Space Agency

Canadian Transportation Agency

Citizenship and Immigration Canada

Commission for Public Complaints Against the RCMP

Copyright Board of Canada

Correctional Service Canada

Courts Administration Service

Department of Finance Canada

Foreign Affairs and International Trade Canada

Department of Justice Canada

Economic Development Agency of Canada for the Regions of Quebec

Environment Canada

Federal Economic Development Agency for Southern Ontario

Financial Transactions and Reports Analysis Centre of Canada

Fisheries and Oceans Canada

Hazardous Materials Information Review Commission Canada

Health Canada

Human Resources and Skills Development Canada

Immigration and Refugee Board of Canada

Indian and Northern Affairs Canada and Canadian Polar Commission

Indian Residential Schools Truth and Reconciliation Commission

Industry Canada

Infrastructure Canada

Library and Archives Canada

Military Police Complaints Commission of Canada

National Defence

National Energy Board

National Film Board

Parole Board of Canada

National Research Council Canada

National Round Table on the Environment and the Economy

Natural Resources Canada

Natural Sciences and Engineering Research Council of Canada

Northern Pipeline Agency Canada

Office of the Auditor General of Canada

Office of the Chief Electoral Officer

Office of the Commissioner for Federal Judicial Affairs

Office of the Commissioner of Lobbying of Canada

Office of the Commissioner of Official Languages

Office of the Communications Security Establishment Commissioner

Offices of the Information and Privacy Commissioners of Canada

Office of the Superintendent of Financial Institutions

Parks Canada

Patented Medicine Prices Review Board Canada

Privy Council Office and Public Appointments Commission Secretariat

Public Health Agency of Canada

Public Prosecution Service of Canada

Public Safety Canada

Public Sector Integrity Canada

Public Servants Disclosure Protection Tribunal Canada

Public Service Commission of Canada

Public Service Labour Relations Board

Public Service Staffing Tribunal

Public Works and Government Services Canada

RCMP External Review Committee

Registry of the Competition Tribunal

Registry of the Specific Claims Tribunal

Royal Canadian Mounted Police

Security Intelligence Review Committee

Social Sciences and Humanities Research Council

Statistics Canada

Status of Women Canada

Supreme Court of Canada

The Correctional Investigator Canada

The National Battlefields Commission

Transport Canada

Transportation Appeal Tribunal of Canada

Transportation Safety Board of Canada

Treasury Board of Canada Secretariat

Veterans Affairs Canada

Veterans Review and Appeal Board

Western Economic Diversification Canada.—Sessional Paper No. 1/41-60.

Document entitled Canadian Security Intelligence Service: Public Report for the fiscal year ending March 31, 2010. —Sessional Paper No.1/41-61.

Presentation of Reports from Standing or Special Committees

The Honourable Senator Dawson tabled the following (Sessional Paper No. 1/41-62S):

Tuesday, June 14, 2011

The Standing Senate Committee on Transport and Communications has the honour to table its

FIRST REPORT

Your committee, which was authorized by the Senate to incur expenses for the purpose of its examination and consideration of such legislation and other matters as were referred to it, reports, pursuant to rule 104(2), that the expenses incurred by the committee during the Third Session of the Fortieth Parliament are as follows:

1. With respect to its studies of legislation:

Professional and Other Services:    $ —
Transport and Communications:    —
Other Expenditures:    —
Witness Expenses:    2,386
TOTAL:    $ 2,386

2. With respect to its study on emerging issues related to its communications mandate and to report on the wireless sector, including issues such as access to high-speed Internet, the supply of bandwidth, the nation-building role of wireless, the pace of the adoption of innovations, the financial aspects associated with possible changes to the sector, and Canada's development of the sector in comparison to the performance in other countries:

Professional and Other Services:    $ 15, 930
Transport and Communications:    —
Other Expenditures:    236
Witness Expenses:    
TOTAL:    $ 16,166

3. With respect to its study on emerging issues related to the Canadian airline industry:

Professional and Other Services:    $ —
Transport and Communications:    108
Other Expenditures:    —
Witness Expenses:    2,260
TOTAL:    $ 2,368

In addition to the expenses for the examination of its special studies as set out above, the committee also incurred general postal charges in the amount of $35.

During this session, your committee received 7 orders of reference, held 30 meetings, heard more than 35 hours of testimony from 65 witnesses and submitted 7 reports in relation to its work.

In addition to hearing witnesses in Ottawa, members of the committee conducted fact-finding visit to the Ottawa International Airport.

Your committee also dealt with five Bills:

Bill C-42, an Act to amend the Aeronautics Act (reported without amendment on March 10, 2011), Bill C-28, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio- television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (reported without amendment on December 14, 2010), Bill S-5, An Act to amend the Motor Vehicle Safety Act and the Canadian Environmental Protection Act, 1999 (reported without amendment on June 3, 2010); and Bill S-219, An Act to amend the Canada Post Corporation Act (rural postal services and the Canada Post Ombudsman) (did not report before the end of the session).

Respectfully submitted,

DENNIS DAWSON

Chair

°    °    °

The Honourable Senator Tkachuk, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled its first report (Reports submitted pursuant to the International Travel Guidelines).—Sessional Paper No. 1/41-63S.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Harb presented a Bill S-202, An Act to establish and maintain a national registry of medical devices.

The bill was read the first time.

The Honourable Senator Harb moved, seconded by the Honourable Senator Dyck, 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

INQUIRIES

The Honourable Senator Lang called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Carignan concerning the budget entitled, A Low-Tax Plan for Jobs and Growth, tabled in the House of Commons on June 6, 2011, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on June 7, 2011.

After debate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Meighen, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

The Honourable Senator Fortin-Duplessis called the attention of the Senate to the inquiry standing in the name of the Honourable Senator Carignan concerning the deplorable use of violence by the Libyan regime against the Libyan people as well as the actions the Canadian Government is undertaking alongside our allies, partners and the United Nations, in order to promote and support United Nations Security Council Resolution 1973.

After debate,

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Mercer, that further debate on the inquiry be adjourned until the next sitting.

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

Motions

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

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

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

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

°    °    °

With leave of the Senate,

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

That, during the remainder of the month of June 2011,

(a) when the Senate sits on a Wednesday or a Thursday, it shall sit at 1:30 p.m. notwithstanding rule 5(1)(a);

(b) when the Senate sits on a Wednesday, it stand adjourned at the later of 4 p.m. or the end of Government Business, but no later than the time otherwise provided in the Rules, unless it has been suspended for the purpose of taking a deferred vote or has earlier adjourned; and

(c) when a vote is deferred until 5:30 p.m. on a Wednesday, the Speaker shall interrupt the proceedings, if required, immediately prior to any adjournment but no later than the time provided in paragraph (b), to suspend the sitting until 5:30 p.m. for the taking of the deferred vote, and that committees be authorized to meet during the period that the sitting is suspended.

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

°    °    °

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Di Nino:

That, pursuant to rule 95(3), for the remainder of this session, the Standing Senate Committees on Human Rights, Official Languages, and National Security and Defence be authorized to meet at their approved meeting times as determined by the Government and Opposition Whips on any Monday which immediately precedes a Tuesday when the Senate is scheduled to sit, even though the Senate may then be adjourned for a period exceeding a week.

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

°    °    °

With leave of the Senate,

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

That, in accordance with rule 74(1), the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine the subject-matter of Bill C-2, An Act to amend the Criminal Code (mega-trials), introduced in the House of Commons on June 13, 2011, in advance of the said bill coming before the Senate.

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

°    °    °

With leave of the Senate,

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

That, in accordance with rule 74(1), the Standing Senate Committee on National Finance be authorized to examine the subject-matter of Bill C-3, An Act to implement certain provisions of the 2011 budget as updated on June 6, 2011, introduced in the House of Commons on June 14, 2011, in advance of the said bill coming before the Senate.

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

OTHER BUSINESS

Senate Public Bills

Second reading of Bill S-201, An Act respecting a National Philanthropy Day.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Jaffer, that the bill be read the second time.

After debate,

The Honourable Senator Di Nino moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

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

Private Bills

Order No. 1 was called and postponed until the next sitting.

MOTIONS

With leave of the Senate,

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

That for the remainder of the current session, all select and joint committees be authorized to permit coverage by electronic media of their public proceedings with the least possible disruption of their hearings.

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

°    °    °

With leave of the Senate,

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

That, pursuant to section 1(2) of chapter 3:06 of the Senate Administrative Rules, all select committees have power, for the remainder of the current session, to engage the services of such counsel and technical, clerical, and other personnel as may be necessary for the purpose of their examination and consideration of such bills, subject-matters of bills and estimates as are referred to them.

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 of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2011, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 1/41-50.

Report of the Governor of the Bank of Canada and Statement of Accounts, together with the Auditors' Report, for the year ended December 31, 2010, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 1/41-51.

Report of the Military Police Complaints Commission for the year 2010, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17. —Sessional Paper No. 1/41-52.

Report of the Canadian Forces Grievance Board for the year 2010, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2). —Sessional Paper No. 1/41-53.

Actuarial Report on the Benefit Plan financed through the Royal Canadian Mounted Police (Dependants) Pension Fund for the period of April 1, 2007 to March 31, 2010, pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 56(3). —Sessional Paper No. 1/41-54.

Report of Farm Credit Canada for the fiscal year ended March 31, 2011, pursuant to the Alternative Fuels Act, S.C. 1995, c. 20, s. 8.—Sessional Paper No. 1/41-55.

Summaries of the Corporate Plan for the period 2011-2012 to 2015-2016 and of the Operating and Capital Budgets and Borrowing Plan for 2011-2012 of Farm Credit Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-56.

Report of the National Arts Centre, together with the Auditor General's Report, for the fiscal year ended August 31, 2010, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).—Sessional Paper No. 1/41-57.

Report of the National Film Board, together with the Auditor General's Report, for the fiscal year ended March 31, 2010, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2). —Sessional Paper No. 1/41-58.

ADJOURNMENT

The Honourable Senator Carignan 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 4:31 p.m. the Senate was continued until 1:30 p.m. tomorrow.)


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

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Stewart Olsen replaced the Honourable Senator Eaton (June 14, 2011).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Martin replaced the Honourable Senator Dickson (June 14, 2011).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Stewart Olsen replaced the Honourable Senator Wallin (June 14, 2011).

The Honourable Senator Stratton replaced the Honourable Senator Nolin (June 13, 2011).

The Honourable Senator Ataullahjan replaced the Honourable Senator Finley (June 13, 2011).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Wallin replaced the Honourable Senator Di Nino (June 13, 2011).

The Honourable Senator Duffy replaced the Honourable Senator Marshall (June 13, 2011).

The Honourable Senator Mockler replaced the Honourable Senator Comeau (June 13, 2011).

The Honourable Senator Campbell replaced the Honourable Senator Mitchell (June 9, 2011).

The Honourable Senator Poulin replaced the Honourable Senator Dawson (June 9, 2011).

Standing Senate Committee on National Finance

The Honourable Senator Rivard replaced the Honourable Senator Dickson (June 14, 2010).

The Honourable Senator Oliver replaced the Honourable Senator Finley (June 13, 2011).

Committee of Selection

The Honourable Senator Carstairs, P.C. replaced the Honourable Senator Jaffer (June 9, 2011).

Standing Senate Committee on Transport and Communications

The Honourable Senator Manning replaced the Honourable Senator Marshall (June 13, 2011).

The Honourable Senator Plett replaced the Honourable Senator Frum (June 13, 2011).


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