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2nd Session, 41st Parliament

Issue 26

Wednesday, December 11, 2013
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, *Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White

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 Senator Martin tabled the following:

Document entitled Next Generation Fighter Capability — Annual Update (August 2013).—Sessional Paper No. 2/41- 276.

Document entitled Canadian Industrial Participation in the F-35 Joint Strike Fighter Program (Fall 2013).—Sessional Paper No. 2/41-277.

Final Report of the Independent Review: 2013 Department of National Defence Annual Update on Next Generation Fighter Capability Life Cycle Cost (August 2013).—Sessional Paper No. 2/41-278.

Presenting or Tabling of Reports from Committees

The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, presented its fourth report (Bill C-4, A second act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures, without amendment).

The Honourable Senator Buth moved, seconded by the Honourable Senator Doyle, 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.

Tabling of Reports from Inter-Parliamentary Delegations

The Honourable Senator Champagne, P.C., tabled the following:

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Bureau Meeting and XXXVIIIth Session of the APF, held in Brussels, Belgium, from July 8 to 12, 2012. —Sessional Paper No. 2/41-279.

°    °    °

The Honourable Senator Ataullahjan tabled the following:

Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU) respecting its participation at the 129th IPU Assembly and Related Meetings, held in Geneva, Switzerland, from October 4 to 9, 2013.—Sessional Paper No. 2/ 41-280.

°    °    °

The Honourable Senator Downe tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Meeting of the Standing Committee of Parliamentarians of the Arctic Region, held in Longyearbyen and Ny- Ålesund, Svalbard, Norway, from June 3 to 6, 2013.—Sessional Paper No. 2/41-281.

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Meeting of the Standing Committee of Parliamentarians of the Arctic Region held in Murmansk, Russia, from September 18 to 20, 2013.—Sessional Paper No. 2/41-282.

ANSWERS TO WRITTEN QUESTIONS

Pursuant to rule 4-10(2), the Honourable Senator Martin, tabled the following:

Reply to Question No. 11, dated November 4, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting revenue savings at Canada Revenue Agency.—Sessional Paper No. 2/41- 283S.

Reply to Question No. 12, dated November 4, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting lawyers working for the Canada Revenue Agency.—Sessional Paper No. 2/41-284S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Third Reading

Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Ataullahjan, for the third reading of Bill C-7, An Act to amend the Museums Act in order to establish the Canadian Museum of History and to make consequential amendments to other Acts.

After debate,

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.

Bills — Second Reading

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

°    °    °

Second reading of Bill C-19, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014.

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

After debate,

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

The bill was then read the second time, on division.

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Unger, 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.

°    °    °

Orders No. 3 and 4 were called and postponed until the next sitting.

Reports of Committees — Other

Consideration of the second report of the Standing Senate Committee on National Finance (Supplementary Estimates (B) 2013-2014), tabled in the Senate on December 10, 2013.

The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.

After debate,

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

°    °    °

Orders No. 2 to 8 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Carignan, P.C.:

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 Martin, for the Honourable Senator Tkachuk, moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

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


Ordered, That Order No. 2 under Reports of Committees — Other, be again called.

Consideration of the third report of the Standing Senate Committee on National Finance (Subject-matter of Bill C- 4, A Second Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures), tabled in the Senate on December 10, 2013.

The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be adopted.

After debate,

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

Motions

Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Andreychuk:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the 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:

-subsection 1(3) and sections 5, 9, 13 to 15, 18 to 23 and 26 to 28;

3. An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3), sections 30, 32, 34, 36 with respect to section 81 of the Canadian Forces Superannuation Act, and sections 42 and 43;

4. An Act to amend the Criminal Code (firearms) and the Firearms Act, S.C. 2003, c. 8:

-sections 23, 26 to 35 and 37;

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

-sections 17 and 18;

6. Canada Grain Act, R.S., c. G-10:

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

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

-sections 140, 178 and 185;

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

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

-paragraph 8(1)(d), sections 9, 10, 12 to 16, subsections 17(1) to (3), sections 18, 19, subsection 21(1), sections 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, 10, 11, 12, 14 and 16 of the schedule, and section 85;

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

-sections 37 to 53;

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

-section 45;

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

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

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

-section 37;

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

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

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

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

After debate,

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

With leave of the Senate,

The Honourable Senator Martin tabled the following:

Provisions repealed between 2011 and 2013 as a result of the Statutes Repeal Act initiative (English text).—Sessional Paper No. 2/41-285S.


At 5:02 p.m., pursuant to the order adopted by the Senate on November 19, 2013, the Senate adjourned until 1:30 p.m. tomorrow.

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

Reports by Federal Authorities with Obligations under Section 71 of the Canadian Environmental Assessment Act, 2012 for the fiscal year ended March 31, 2013, pursuant to the Act, 2012, S.C. 2012, c. 19, s. 52 "71(2)''.—Sessional Paper No. 2/41-274.

Debt Management Report for the fiscal year ended March 31, 2013, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 49(1).—Sessional Paper No. 2/41-275.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Mercer replaced the Honourable Senator Robichaud, P.C. (December 11, 2013).

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Mercer (December 10, 2013).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Tkachuk replaced the Honourable Senator Unger (December 11, 2013).

The Honourable Senator Unger replaced the Honourable Senator Tkachuk (December 10, 2013).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Campbell replaced the Honourable Senator Fraser (December 10, 2013).

Standing Senate Committee on National Finance

The Honourable Senator Buth replaced the Honourable Senator Unger (December 10, 2013).

The Honourable Senator Unger replaced the Honourable Senator Buth (December 10, 2013).

Standing Senate Committee on National Security and Defence

The Honourable Senator Downe replaced the Honourable Senator Day (December 11, 2013).

Standing Senate Committee on Official Languages

The Honourable Senator McIntyre replaced the Honourable Senator Rivard (December 10, 2013).