Journals of the Senate
1st Session, 41st Parliament
Issue 177
Wednesday, June 19, 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, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, 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, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, 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, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells, White, Zimmer
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
June 19th, 2013
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 19th day of June, 2013, 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
Tributes
Tribute was paid to the Honourable Senator De Bané, P.C., who will retire from the Senate on August 2, 2013.
Senators' Statements
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Government Notices of Motions
Ordered, That photographers and camera operators be authorized in the Senate Chamber to photograph and videotape the Royal Assent ceremony today, with the least possible disruption of the proceedings.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Day tabled the following:
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Joint Meeting of the Defence and Security Committee, the Economics and Security Committee, and the Joint Political Committee and the Economics and Security Committee, held in Brussels, Belgium and Paris, France, from February 24 to 28, 2013.—Sessional Paper No. 1/41-1721.
Notices of Motions
The Honourable Senator LeBreton, P.C., moved, seconded by the Honourable Senator Cowan:
That pursuant to rule 12-27(1) of the Rules of the Senate, the membership of the Standing Committee on Conflict of Interest for Senators be modified as follows:
The Honourable Senator Tannas is added to the committee to fill a vacancy created by a senator's resignation from the committee.
Pursuant to rule 12-27(1) the motion was deemed adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 4-10(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 70, dated April 25, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting correspondence from Parliamentarians addressed to the Minister of National Revenue.—Sessional Paper No. 1/41-1722S.
Reply to Question No. 71, dated April 25, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Community Volunteer Income Tax Program in Charlottetown, Prince Edward Island. —Sessional Paper No. 1/41-1723S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Third reading of Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures.
The Honourable Senator Buth moved, seconded by the Honourable Senator Marshall, that the bill be read the third time.
Debate.
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 Acting 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 amend the Canada Post Corporation Act (library materials) (Bill C-321, Chapter 10, 2013)
An Act to amend the Criminal Code (Bill C-37, Chapter 11, 2013)
An Act to amend the International Boundary Waters Treaty Act and the International River Improvements Act (Bill C-383, Chapter 12, 2013)
An Act to amend the Criminal Code (Bill S-9, Chapter 13, 2013)
An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts (Bill C-47, Chapter 14, 2013)
An Act to amend the Criminal Code (concealment of identity) (Bill C-309, Chapter 15, 2013)
An Act to amend the Immigration and Refugee Protection Act (Bill C-43, Chapter 16, 2013)
An Act respecting a national day of remembrance to honour Canadian veterans of the Korean War (Bill S-213, Chapter 17, 2013)
An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts (Bill C-42, Chapter 18, 2013)
An Act to amend the Criminal Code (prize fights) (Bill S-209, Chapter 19, 2013)
An Act respecting family homes situated on First Nation reserves and matrimonial interests or rights in or to structures and lands situated on those reserves (Bill S-2, Chapter 20, 2013)
An Act respecting the safety of drinking water on First Nation lands (Bill S-8, Chapter 21, 2013)
An Act to amend the National Defence Act and to make consequential amendments to other Acts (Bill C-15, Chapter 24, 2013)
An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts (Bill C-62, Chapter 25, 2013)
An Act to amend the Corruption of Foreign Public Officials Act (Bill S-14, Chapter 26, 2013)
An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes (Bill S-17, Chapter 27, 2013)
An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001 (Bill S-15, Chapter 28, 2013)
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.''
4:16 p.m.
The Speaker of the House of Commons addressed His Excellency the Governor General as follows:
"May it Please Your Excellency:
The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.
In the name of the Commons, I present to Your Excellency the following Bills:
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014 (Bill C-63, Chapter 22, 2013)
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2014 (Bill C-64, Chapter 23, 2013)
To which Bill I humbly request Your Excellency's Assent.''
After one of the Clerks at the Table read the title of these Bills.
To this Bill 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 thanks her loyal subjects, accepts their benevolence and assents to this Bill.''
4:20 p.m.
The Commons withdrew.
After which His Excellency the Governor General was pleased to retire.
At 4:23, the sitting resumed.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
The Senate resumed debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Marshall, for the third reading of Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures.
After debate,
The Honourable Senator Callbeck 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.
° ° °
Third reading of Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Braley, that the bill be read the third time.
After debate,
The Honourable Senator Baker, P.C., 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.
° ° °
Resuming debate on the motion of the Honourable Senator Unger, seconded by the Honourable Senator Smith (Saurel), for the third reading of Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration).
After debate,
In amendment, the Honourable Senator Mercer moved, seconded by the Honourable Senator Robichaud, P.C., that Bill C-52 be not now read a third time, but that it be amended,
(a) in clause 8, on page 4, by adding after line 20 the following:
"(1.6) For the purposes of this Division and without restricting the generality of the term, "service obligations'' includes obligations in respect of
(a) the timeliness and frequency of the receiving and the delivery of traffic by the railway company;
(b) dwell times, estimated times of arrival, transit times and cycle times regarding the carriage of traffic;
(c) the quantity, condition and types of rolling stock to be provided by the railway company;
(d) the furnishing of adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;
(e) accommodation and facilities for the exchange of information regarding the billing, receiving, carriage and delivery of traffic; and
(f) car order fulfillment, car spotting performance and car placement at destination.
(1.7) For greater certainty, a railway company shall be considered to have fulfilled the service obligations referred to in paragraph (1.6)(d) if it has carried them out in a manner that meets the rail transportation needs of the shipper.''; and
(b) in clause 11,
(i) on page 5,
(A) by replacing line 9 with the following:
"(a) the terms that the railway'',
(B) by replacing lines 14 to 16 with the following:
"(b) the terms that the railway company must comply with if it fails to comply with a term described in'',
(C) by replacing lines 18 to 20 with the following:
"(c) any term that the shipper must comply with that is related to a term described in paragraph (a)'', and
(D) by replacing line 28 with the following:
"to a term described in paragraph'',
(ii) on page 6, by replacing line 28 with the following:
"company with respect to a term'',
(iii) on page 7, by replacing line 24 with the following:
"(a) any term described in para-'', and
(iv) on page 8, by replacing line 38 with the following:
"lish any term described in paragraph''.
The Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
Bills — Second Reading
Second reading of Bill C-32, An Act to amend the Civil Marriage Act.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Nolin, 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 Nolin, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 67 was called and postponed until the next sitting.
At 5:33 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):
Reports of the Laurentian Pilotage Authority for the year ended December 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-1719.
Reports of the Department of Industry for the fiscal year ended March 31, 2013, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-1720.