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Journals of the Senate

1st Session, 41st Parliament

Issue 149

Tuesday, March 26, 2013
2:00 p.m.

The Honourable Pierre Claude Nolin, Acting Speaker

The Members convened were:

The Honourable Senators

Andreychuk, Baker, Batters, Bellemare, Beyak, Black (Alberta), Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, Wells, White

The Members in attendance to business were:

The Honourable Senators

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

Presenting or Tabling Reports from Standing or Special Committees

The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its twenty-third report (Bill C-55, An Act to amend the Criminal Code, without amendment).

With leave of the Senate,

The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that the bill be placed on the Orders of the Day for a third reading later this day.

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

o o o

The Honourable Senator Day, Chair of the Standing Senate Committee on National Finance, tabled its nineteenth report (first interim) (2013-2014 Main Estimates).—Sessional Paper No. 1/41-1535S.

With leave of the Senate,

The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the report be placed on the Orders of the Day for consideration later this day.

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

o o o

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled its twentieth report (interim) entitled: Prescription Pharmaceuticals in Canada: Post-Approval Monitoring of Safety and Effectiveness. —Sessional Paper No. 1/41-1536S.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Greene, 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.

Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 6 p.m. on Tuesday, March 26, 2013, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

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

ANSWERS TO WRITTEN QUESTIONS

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

Reply to Question No. 37, dated December 15, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Canada's liability as a financing member of the European Bank for Reconstruction and Development.—Sessional Paper No. 1/41-1537S.

Reply to Question No. 51, dated May 1, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting staffing at Veterans Affairs Canada. —Sessional Paper No. 1/41-1538S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Reports of Committees — Other

Consideration of the nineteenth report (interim) of the Standing Senate Committee on National Finance (2013-2014 Main Estimates), tabled in the Senate earlier this day.

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.

o o o

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

Bills — Third Reading

Third reading of Bill C-58, 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 Buth, that the bill be read the third time.

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.

o o o

Third reading of Bill C-59, 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 Buth, that the bill be read the third time.

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.

o o o

Third reading of Bill S-14, An Act to amend the Corruption of Foreign Public Officials Act.

The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk, that the bill be read the third time.

After debate,

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

The bill was then read the third time and passed.

Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Resuming debate on the motion of the Honourable Senator LeBreton, P.C., seconded by the Honourable Senator Carignan, for the third reading of Bill C-53, An Act to assent to alterations in the law touching the Succession to the Throne.

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.

o o o

Third reading of Bill C-55, An Act to amend the Criminal Code.

The Honourable Senator Batters moved, seconded by the Honourable Senator Beyak, that the bill be read the third time.

Debate.

DEFERRED VOTE

At 5:30 p.m., pursuant to rule 7-4(5), the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Wallace, for the third reading of Bill C-27, An Act to enhance the financial accountability and transparency of First Nations.

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

YEAS

The Honourable Senators

Andreychuk, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Duffy, Enverga, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, Wells, White—53

NAYS

The Honourable Senators

Baker, Callbeck, Campbell, Chaput, Cordy, Cowan, Day, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Massicotte, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt—30

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-27 was 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.

Bills — Third Reading

The Senate resumed debate on the motion of the Honourable Senator Batters, seconded by the Honourable Senator Beyak, for the third reading of Bill C-55, An Act to amend the Criminal Code.

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

Orders No. 1 to 6 were called and postponed until the next sitting.

Reports of Committees—Other

Orders No. 1 and 3 were called and postponed until the next sitting.

OTHER BUSINESS

Commons Public Bills — Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Senate Public Bills — Reports of Committees

Orders No. 1 and 2 were called and postponed until the next sitting.

Senate Public Bills — Second Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

o o o

Order No. 4 was called and, pursuant to rule 4-15(2), dropped from the Order Paper.

o o o

Second reading of Bill S-217, An Act to amend the Financial Administration Act (borrowing of money).

The Honourable Senator Moore moved, seconded by the Honourable Senator Day, that the bill be read the second time.

After debate,

The Honourable Senator Carignan 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.

Commons Public Bills — Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Finley, seconded by the Honourable Senator Frum, for the second reading of Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom).

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.

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

o o o

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

Reports of Committees — Other

Orders No. 1 to 7 were called and postponed until the next sitting.

Motions

Orders No. 128, 144, 143, 147 and 75 were called and postponed until the next sitting.

Inquiries

Orders No. 60, 50, 40, 57, 3, 66, 62, 56, 19, 22, 44, 35, 59, 45, 9 and 18 were called and postponed until the next sitting.

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

Report on the Administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2012, pursuant to the Act, R.S.C. 1985, c. M-5, s. 67.—Sessional Paper No. 1/41-1530.

Report on the Public Service Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2012, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 1/41-1531.

Actuarial Report updating the Actuarial Report on the Pension Plan for the Public Service of Canada as at March 31, 2011, pursuant to the Public Pension Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/41-1532.

Report on the Administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2012, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 1/41-1533.

Summaries of the Corporate Plan for the period 2012-2013 to 2016-2017 and of the Operating and Capital Budgets for 2012-2013 of PPP Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/41-1534.

ADJOURNMENT

The Honourable Senator Carignan 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 6:21 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 Aboriginal Peoples

The Honourable Senator Merchant replaced the Honourable Senator Sibbeston (March 25, 2013)

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Duffy replaced the Honourable Senator Finley (March 26, 2013).

The Honourable Senator Buth replaced the Honourable Senator Johnson (March 26, 2013).

Standing Senate Committee on Human Rights

The Honourable Senator Ataullahjan replaced the Honourable Senator Buth (March 26, 2013).

The Honourable Senator White replaced the Honourable Senator Meredith (March 25, 2013).

The Honourable Senator Buth replaced the Honourable Senator Ataullahjan (March 25, 2013).

The Honourable Senator Meredith replaced the Honourable Senator White (March 25, 2013).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Campbell replaced the Honourable Senator Fraser (March 25, 2013).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Beyak replaced the Honourable Senator White (March 26, 2013).

The Honourable Senator Boisvenu replaced the Honourable Senator Enverga (March 26, 2013).

The Honourable Senator Ogilvie replaced the Honourable Senator Buth (March 25, 2013).

The Honourable Senator Enverga replaced the Honourable Senator Boisvenu (March 25, 2013).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Finley (March 26, 2013).

Standing Senate Committee on National Security and Defence

The Honourable Senator Plett replaced the Honourable Senator Johnson (March 26, 2013).

The Honourable Senator Nolin replaced the Honourable Senator Demers (March 26, 2013).

The Honourable Senator Demers replaced the Honourable Senator Nolin (March 25, 2013).

The Honourable Senator Johnson replaced the Honourable Senator Plett (March 25, 2013).

Standing Senate Committee on Official Languages

The Honourable Senator Mockler replaced the Honourable Senator Rivard (March 26, 2013).

The Honourable Senator McIntyre replaced the Honourable Senator McInnis (March 26, 2013).

The Honourable Senator Tardif replaced the Honourable Senator Charette-Poulin (March 25, 2013).

The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Ringuette (March 25, 2013).

The Honourable Senator Charette-Poulin replaced the Honourable Senator Tardif (March 25, 2013).

The Honourable Senator Ringuette replaced the Honourable Senator Robichaud, P.C. (March 25, 2013).

The Honourable Senator McInnis replaced the Honourable Senator McIntyre (March 25, 2013).

The Honourable Senator Rivard replaced the Honourable Senator Mockler (March 25, 2013).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Merchant replaced the Honourable Senator Mercer (March 25, 2013).

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