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61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate
(Unrevised)

1st Session, 41st Parliament


Issue 130

Wednesday, December 12, 2012
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker


The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Nolin, Ogilvie, Oliver, Patterson, 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, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Nolin, Ogilvie, Oliver, Patterson, 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, White, Zimmer

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling of Reports from Standing or Special Committees

The Honourable Senator Smith, P.C. (Cobourg), Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its fourth report (Amendments to the Rules of the Senate).

(The report is printed as an appendix.)

The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Fraser, 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.

°    °    °

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled its ninth report entitled: Iran in Focus: Current Issues for Canadian Foreign Policy.—Sessional Paper No. 1/41-1404S.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Martin, 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.

°    °    °

The Honourable Senator Jaffer, Chair of the Standing Senate Committee on Human Rights, tabled its ninth report entitled: Cyberbullying Hurts: Respect for Rights in the Digital Age. —Sessional Paper No. 1/41-1405S.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, 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.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator MacDonald tabled the following:

Report of the Canadian Delegation of the Canadian Section of ParlAmericas respecting its participation at the Parliamentary Forum on the Margins of the Summit of the Americas, held in Cartagena, Colombia, from April 10 to 13, 2012.—Sessional Paper No. 1/41-1406.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Third Reading

Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Rivard, for the third reading of Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations.

After debate,

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

The bill was then read the third time and passed.

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

°    °    °

Third reading of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

The Honourable Senator Buth moved, seconded by the Honourable Senator Unger, that the bill be read the third time.

After debate,

In amendment, the Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that Bill C-45 be not now read a third time, but that it be amended, on pages 175 to 414, by deleting Part 4 and schedules 1 and 2.

After debate,

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

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

°    °    °

Third reading of Bill C-36, An Act to amend the Criminal Code (elder abuse).

The Honourable Senator Dagenais moved, seconded by the Honourable Senator Frum, that the bill be read the third time.

After debate,

The Honourable Senator Tardif, for the Honourable Senator Jaffer, 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.

Reports of Committees — Other

Consideration of the fourteenth report of the Standing Senate Committee on National Finance, (Supplementary Estimates (B), 2012-2013), tabled in the Senate on December 11, 2012.

The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.

After debate,

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

Bills — Second Reading

Second reading of Bill C-50, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013.

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Unger, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

The Honourable Senator Carignan moved, seconded by the Honourable Senator Stratton, that the bill be placed on the Orders of the Day for a third reading at the next sitting.

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

°    °    °

Order No. 2 was called and postponed until the next sitting.

Reports of Committees — Other

Orders No. 2 to 6 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Mockler:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the following Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1. Agricultural Marketing Programs Act, S.C. 1997, c. 20:

-sections 44 and 45;

2. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:

-sections 1(1) and (3), 2 to 5, 6(1) and (2), 7, 9, 10, 13 to 16, 18 to 23, 24(2) and (3), and 26 to 28;

3. An Act to implement the Agreement on Internal Trade, S.C. 1996, c. 17:

-sections 17 and 18;

4. Budget Implementation Act, 1998, S.C. 1998, c. 21:

-sections 131 and 132;

5. Canada Grain Act, R.S.C 1985, c. G-10:

-paragraphs (d) and (e) of the definition "elevator'' in section 2, and subsections 55(2) and (3);

6. Canada Marine Act, S.C. 1998, c. 10:

-sections 140, 178, 185 and 201;

7. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

8. Contraventions Act, S.C. 1992, c. 47:

-sections 8(1)(d), 9, 10, 12 to 16, 17(1) to (3), 18, 19, 21(1), 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 with respect to sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16 of the Schedule, and section 85;

9. Firearms Act, S.C. 1995, c. 39:

-paragraph 24(2)(d), sections 39, 42 to 46, 48 and 53;

10. Marine Liability Act, S.C. 2001, c. 6:

-section 45;

11. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-sections 89, 90, 107(1) and (3), and 109;

12. Preclearance Act, S.C. 1999, c. 20:

-section 37;

13. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158, and 161(1) and (4);

14. Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75, 77, 117(2), 167, 168, 210, 211, 221, 227, 233 and 283.

After debate,

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


At 4:45 p.m., pursuant to the order adopted by the Senate on October 18, 2011, the Senate adjourned until 1:30 p.m. tomorrow.

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

Copy of the Complementary Agreement No. 22 to the James Bay and Northern Quebec Agreement with the Cree Regional Authority and the Government of Quebec, together with a copy of the Order in Council P.C. 2012-0787, dated June 7, 2012, pursuant to the James Bay and Northern Quebec Native Claims Settlement Act, S.C. 1976-77, c. 32, sbs. 5(1).—Sessional Paper No. 1/41-1403.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Andreychuk replaced the Honourable Senator McIntyre (December 12, 2012).

Standing Senate Committee on National Finance

The Honourable Senator Finley replaced the Honourable Senator Runciman (December 12, 2012).