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2nd Session, 41st Parliament

Issue 105

Tuesday, December 9, 2014
2:00 p.m.

The Honourable Pierre Claude Nolin, Speaker

The Members convened were:

The Honourable Senators

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

The Members in attendance to business were:

The Honourable Senators

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

The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

December 9th, 2014

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, will proceed to the Senate Chamber today, the 9th day of December, 2014, at 4 p.m., for the purpose of giving Royal Assent to certain bills of law.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Motions

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

That photographers and camera operators be authorized in the Senate Chamber to photograph and videotape the next Royal Assent ceremony, with the least possible disruption of the proceedings.

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

Bills — Third Reading

Resuming debate on the motion of the Honourable Senator Black, seconded by the Honourable Senator Runciman, for the third reading of Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts.

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.

°    °    °

Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Frum, for the second reading of Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food.

After debate,

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

The bill was then read the second time.

The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, that the bill be referred to the Standing Senate Committee on Agriculture and Forestry.

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

°    °    °

Second reading of Bill C-45, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015.

The Honourable Senator Eaton 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 Martin moved, seconded by the Honourable Senator Stewart Olsen, 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.


Pursuant to rule 16-1(7), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of His Excellency the Governor General.

After awhile, His Excellency the Governor General, having come and being seated at the foot of the Throne.

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:

"It is the pleasure of His Excellency the Governor General that they attend him immediately in the Senate Chamber.''

The House of Commons being come,

One of the Clerks at the Table then read the title of the bills to be assented to as follows:

An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts (Bill C-3, Chapter 29, 2014)

An Act respecting Lincoln Alexander Day (Bill S-213, Chapter 30, 2014)

An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act (Bill C-13, Chapter 31, 2014)

An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts (Bill C-8, Chapter 32, 2014)

An Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act (Bill S-1001)

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:

"In Her Majesty's name, His Excellency the Governor General doth assent to these Bills.''

4:12 p.m.

The Commons withdrew.

After which His Excellency the Governor General was pleased to retire.


At 4:14 p.m., the sitting resumed.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Reports of Committees — Other

Orders No. 1 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 Stewart Olsen:

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. 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);

2. Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp):

-Parts II and III;

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

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

4. Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17:

-sections 17 and 18;

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

-section 140;

6. 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;

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

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

-section 37;

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

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

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

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

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

-section 45;

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

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

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

-section 23;

14. 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) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

15. Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

16. Public Safety Act, 2002, S.C. 2004, c. 15:

-sections 40, 78, 105 and 106; and

17. Amendments and Corrections Act, 2003, S.C. 2004, c. 16:

-sections 10 to 17 and 25 to 27.

After debate,

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

°    °    °

Ordered, That orders No. 75 and 76 be discharged from the Order Paper.

Inquiries

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

Other

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

OTHER BUSINESS

Commons Public Bills — Third Reading

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

°    °    °

Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Plett, for the third reading of Bill C-266, An Act to establish Pope John Paul II Day

After debate,

The Honourable Senator Fraser, for the Honourable Senator Joyal, P.C., 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.

°    °    °

Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Marshall, for the third reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.

After debate,

In amendment, the Honourable Senator Dyck moved, seconded by the Honourable Senator Mitchell, that Bill C- 428 be not now read a third time but that it be amended, in the preamble, on page 1, by replacing line 17 with the following:

"legislation in consultation with the First''.

That Bill C-428 be amended on page 1 by adding after line 24 the following:

"1.1 For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from the Aboriginal and treaty rights of Aboriginal Peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.''.

That Bill C-428 be amended in clause 2, on page 2, by replacing line 5 with the following:

"And Senate committees responsible for Aboriginal affairs on''

That Bill C-428 be amended in clause 4 on page 2 by deleting line 17 to 24.

That Bill C-428 be amended in clause 14, on page 4, by deleting lines 8 to 12.

That Bill C-428 be amended in clause 15, on page 4, by deleting lines 13 to 15.

That Bill C-428 be amended in clause 16, on page 4, by deleting lines 16 to 20.

That Bill C-428 be amended in clause 17, on page 4, by deleting lines 21 to 29.

That Bill C-428 be amended in clause 18,

(a) on page 4, by deleting lines 30 to 36; and

(b) on page 5, by deleting lines 1 to 4.

Debate.

Senate Public Bills — Second Reading

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

Commons Public Bills — Second Reading

Orders No. 1 to 4 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.

°    °    °

Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Frum, for the adoption of the fifth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate), presented in the Senate on June 11, 2014;

And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser, that the report not now be adopted, but that it be amended by:

1. Replacing paragraph 1.(j) with the following:

"That an item of Other Business that is not a Commons Public Bill be not further adjourned; or'';

2. Replacing the main heading before new rule 6-13 with the following:

"Terminating Debate on an Item of Other Business that is not a Commons Public Bill'';

3. Replacing the sub heading before new rule 6-13 with the following:

"Notice of motion that item of Other Business that is not a Commons Public Bill be not further adjourned'';

4. In paragraph 2.6-13 (1), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';

5. In the first clause of Paragraph 2.6-13 (3), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';

6. In the first clause of paragraph 2.6-13 (5), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill''

7. In paragraph 2.6-13 (7) (c), adding immediately following the words "Other Business'' the words "that is not a Commons Public Bill'';

8. And replacing the last line of paragraph 2.6-13(7) with the following:

"This process shall continue until the conclusion of debate on the item of Other Business that is not a Commons Public Bill'';

And on the subamendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Day, that the amendment be not now adopted but that it be amended by adding immediately after paragraph 8 the following:

9. And that the rule changes contained in this report take effect from the date that the Senate begins regularly to provide live audio-visual broadcasting of its daily proceedings.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that further debate on the subamendment be adjourned until the next sitting.

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

°    °    °

Order No. 4 was called and postponed until the next sitting.

Motions

Orders No. 79, 62, 73, 8, 55, 9, 56, 60, 66 and 47 were called and postponed until the next sitting.

°    °    °

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

That the Senate of Canada take note of the ongoing tensions in the Bolivarian Republic of Venezuela, and that it urge the Government of Venezuela to:

1. immediately end all unlawful acts of violence and repression against civilians, including the activities of armed civilian groups, and

2. commit to meaningful and inclusive dialogue centred on the need to:

(a) restore the rule of law and constitutionalism, including the independence of the judiciary and other state institutions;

(b) respect and uphold international human rights obligations, including the freedoms of expression and the press; and,

(c) take swift and appropriate measures to curb inflation, corruption and lawlessness, and to ensure the safety and wellbeing of all Venezuelans.

That the Senate of Canada further encourage all parties and parliamentarians in Venezuela to:

1. encourage their supporters to refrain from violence and the destruction of public and private property; and,

2. commit to dialogue aimed at achieving a political solution to the current crisis and its causes.

After debate,

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

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

Inquiries

Orders No. 10, 26, 18, 19, 21, 28, 13, 16, 29, 44, 14, 42, 43, 20, 41, 34, 36, 27 and 33 were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to its legislative role.

After debate,

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

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

°    °    °

Resuming debate on the inquiry of the Honourable Senator Nolin calling the attention of the Senate to its role in protecting minorities.

After debate,

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

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

MOTIONS

The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie:

That notwithstanding the order of the Senate adopted on Thursday, November 21, 2013, the date for the final report of the Standing Senate Committee on Aboriginal Peoples on the federal government's constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Métis peoples be extended from December 31, 2014 to September 30, 2015.

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

°    °    °

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator MacDonald:

That notwithstanding the Order of the Senate adopted on Tuesday, November 19, 2013, the date for the final report of the Standing Senate Committee on Social Affairs, Science and Technology on prescription pharmaceuticals in Canada, be extended from December 30, 2014 to April 30, 2015 and that the date until which the committee retains powers to allow it to publicize its findings be extended from March 31, 2015 to July 31, 2015.

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


Ordered, That Order No. 3 (Bill C-428) under ORDERS OF THE DAY, OTHER BUSINESS, Commons Public Bills— Third Reading, be again called.

The Senate resumed debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Marshall, for the third reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement;

And on the motion in amendment of the Honourable Senator Dyck, seconded by the Honourable Senator Mitchell, that Bill C-428 be not now read a third time but that it be amended, in the preamble, on page 1, by replacing line 17 with the following:

"legislation in consultation with the First''.

That Bill C-428 be amended on page 1 by adding after line 24 the following:

"1.1 For greater certainty, nothing in this Act is to be construed so as to abrogate or derogate from the Aboriginal and treaty rights of Aboriginal Peoples of Canada that are recognized and affirmed by section 35 of the Constitution Act, 1982.''.

That Bill C-428 be amended in clause 2, on page 2, by replacing line 5 with the following:

"And Senate committees responsible for Aboriginal affairs on''

That Bill C-428 be amended in clause 4 on page 2 by deleting line 17 to 24.

That Bill C-428 be amended in clause 14, on page 4, by deleting lines 8 to 12.

That Bill C-428 be amended in clause 15, on page 4, by deleting lines 13 to 15.

That Bill C-428 be amended in clause 16, on page 4, by deleting lines 16 to 20.

That Bill C-428 be amended in clause 17, on page 4, by deleting lines 21 to 29.

That Bill C-428 be amended in clause 18,

(a) on page 4, by deleting lines 30 to 36; and

(b) on page 5, by deleting lines 1 to 4.

After debate,

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

The question was put on the motion.

Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for 30 minutes.

Ordered, That the standing vote be not proceeded with.

The question then being put on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Dyck, that further debate on the motion in amendment be adjourned until the next sitting, it was adopted.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:07 p.m. the Senate was continued until tomorrow at 1:30 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Wells replaced the Honourable Senator Plett (December 9, 2014).

Standing Senate Committee on Human Rights

The Honourable Senator Tannas replaced the Honourable Senator Frum (December 9, 2014).

Standing Senate Committee on National Security and Defence

The Honourable Senator Ngo replaced the Honourable Senator Enverga (December 9, 2014).

Standing Senate Committee on Official Languages

The Honourable Senator Poirier replaced the Honourable Senator Mockler (December 9, 2014).