Journals of the Senate
1st Session, 41st Parliament
Issue 178
Thursday, June 20, 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, Jaffer, Johnson, Joyal, 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, 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, Jaffer, Johnson, Joyal, 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, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable the Speaker tabled the following:
Reports of the Office of the Commissioner of Lobbying 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- 1724.
Presenting or Tabling of Reports from Committees
The Honourable Senator Smith, P.C. (Cobourg), Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its eighth report (Report on a case of privilege respecting the appearance of a witness before a committee).
(The report is printed as an appendix.)
The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Cordy, 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 thirteenth report, entitled: Building Bridges: Canada-Turkey Relations and Beyond.—Sessional Paper No. 1/41-1725S.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Fortin-Duplessis, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its thirtieth report (Bill C-32, An Act to amend the Civil Marriage Act, without amendment).
The Honourable Senator Black moved, seconded by the Honourable Senator Beyak, 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 OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming 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 Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, P.C., 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 Runciman, seconded by the Honourable Senator Braley, for the third reading of Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act.
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.
° ° °
Orders No. 3 and 4 were called and postponed until the next sitting.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
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.
OTHER BUSINESS
Commons Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Marshall, for the third reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations);
And on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator Jaffer, that Bill C-377 be not now read a third time, but that it be amended in clause 1,
(a) on page 2, by replacing line 30 with the following:
"the period is greater than an amount that is equal to the maximum total annual monetary income that could be paid to a Deputy Minister, shown as''; and
(b) on page 3, by replacing line 13 with the following:
"ees with compensation that is greater than the maximum total annual monetary income that could be paid to a Deputy Minister and disbursements'';
And on the motion in amendment of the Honourable Senator Segal, seconded by the Honourable Senator Nancy Ruth, that Bill C-377 be not now read a third time, but that it be amended in clause 1,
(a) on page 2,
(i) by replacing line 1 with the following:
"(2) Subject to subsection 149.01(6), every labour organization and every'', and
(ii) by replacing line 30 with the following:
"the period is greater than $150,000, shown as'';
(b) on page 3, by replacing line 13 with the following:
"ees with annual compensation of $444,661 or more and'';
(c) on page 5, by replacing lines 34 to 35 with the following:
"poration;
(b) a branch or local of a labour organization;
(c) a labour organization with fewer than 50,000 members;
(d) a labour trust in respect of one or more labour organizations that, in total, have fewer than 50,000 members; and
(e) a labour trust the activities and operations''; and
(d) on page 6,
(i) by replacing line 6 with the following:
"described in paragraph (6)(e)), that is limited'',
(ii) by replacing line 10 with the following:
"(6)(e);'', and
(iii) by adding after line 16 the following:
"(8) For greater certainty, nothing in this section shall be interpreted as affecting solicitor-client privilege.'';
And on the subamendment of the Honourable Senator Cowan, seconded by the Honourable Senator Tardif, that the motion in amendment be amended as follows:
That Bill C-377 be not now read a third time, but that it be amended in clause 1, on page 2,
(a) by replacing line 23 with the following:
"(b) a set of the following statements for the fiscal period''; and
(b) by replacing line 36 with the following:
"that is to be paid or received, namely,''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Chaput moved, seconded by the Honourable Senator Mercer, that Bill C- 377 be not now read a third time, but that it be amended in clause 1,
(a) on page 4,
(i) by replacing line 12, in the French version, with the following:
"sés relatifs aux activités de recrutement,'', and
(ii) by replacing line 22, in the French version, with the following:
"liés aux activités juridiques, sauf s'ils ont trait à des''; and
(b) on page 5, by replacing line 36 with the following:
"of which are limited to the''.
The Honourable Senator Cools moved, seconded by the Honourable Senator Mitchell, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 6 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ogilvie, seconded by the Honourable Senator Wallace, for the adoption of the fifteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI), with a recommendation), presented in the Senate on November 22, 2012.
After debate,
The Honourable Senator Mercer moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Senate Public Bills — Second Reading
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
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).
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 Carignan moved, seconded by the Honourable Senator Marshall, that the bill be referred to the Standing Senate Committee on Human Rights.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 5 were called and postponed until the next sitting.
Reports of Committees — Other
Consideration of the twenty-sixth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: In From the Margins, Part II: Reducing Barriers to Social Inclusion and Social Cohesion, tabled in the Senate on June 18, 2013.
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the report be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Human Resources and Skills Development Canada being identified as minister responsible for responding to the report.
After debate,
The Honourable Senator Segal moved, seconded by the Honourable Senator Seidman, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 5 were called and postponed until the next sitting.
Motions
Orders No. 162, 179 and 158 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Martin:
That the Senate of Canada express its support for Malala Yusufzai in light of her remarkable courage, tenacity and determined support for the right of girls everywhere to an education; offer its best wishes for her full recovery; express its gratitude for the courage of her family and the work of the staff at the Birmingham hospital in the United Kingdom; and offer its solidarity with girls and young women everywhere whose absolute right to equality of opportunity and quality education in every country of the world is and must always be universal and real.
After debate,
In amendment, the Honourable Senator Cools moved, seconded by the Honourable Senator Rivest, that the motion be amended by inserting after the word "Canada'', and before the word "express'', the words "urge the Minister of Foreign Affairs to''.
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion, as amended, of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Martin:
That the Senate of Canada urge the Minister of Foreign Affairs to express its support for Malala Yusufzai in light of her remarkable courage, tenacity and determined support for the right of girls everywhere to an education; offer its best wishes for her full recovery; express its gratitude for the courage of her family and the work of the staff at the Birmingham hospital in the United Kingdom; and offer its solidarity with girls and young women everywhere whose absolute right to equality of opportunity and quality education in every country of the world is and must always be universal and real.
After debate,
The question being put on the motion, as amended, it was adopted.
Ordered, That Order No. 2 Commons Public Bills — Third Reading, be again called.
Resuming debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Poirier, for the third reading of Bill C-419, An Act respecting language skills.
After debate,
The Honourable Senator Carignan, for the Honourable Senator McIntyre, moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Order No. 75 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion, as amended, of the Honourable Senator Cools, seconded by the Honourable Senator Comeau:
That this case of privilege, relating to the actions of the Parliamentary Budget Officer, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for consideration, in particular with respect to the consequences for the Senate, for the Senate Speaker, for the Parliament of Canada and for the country's international relations;
And on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Cowan, that the question be referred to a Committee of the Whole for consideration.
After debate,
The Honourable Senator Carignan, for the Honourable Senator Comeau, moved, seconded by the Honourable Senator Nolin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 161 was called and, pursuant to rule 4-15(2), dropped from the Order Paper.
Inquiries
Orders No. 75, 57, 62, 70, 45 and 69 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Kinsella calling the attention of the Senate to the cornerstone place of the Senate of Canada in the building and maintenance of the strong edifice of freedom and equality that is Canada.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Joyal, P.C.
With leave,
The Senate reverted to Presenting or Tabling of Reports from Committees.
The Honourable Senator Day presented the following:
Thursday, June 20, 2013
The Standing Senate Committee on National Finance has the honour to present its
TWENTY-FOURTH REPORT
Your Committee, to which was referred Bill S-217, An Act to amend the Financial Administration Act (borrowing of money), has, in obedience to the order of reference of Tuesday, May 21, 2013, examined the said bill and now reports as follows:
Pursuant to rule 12-23(5), your Committee recommends that this bill not be proceeded with further in the Senate for the reasons that follow.
Your Committee was told by officials from the Department of Finance that in comparison to the previous legal framework, which Bill S-217 seeks to restore, the present borrowing authority regime has provided for a more efficient, flexible, responsive and prudent financial management and greater transparency and accountability. Officials from both the Bank of Canada and the Department of Finance emphasized the important part the current borrowing authority process played in facilitating Canada's actions in the fall of 2008 to the global financial crisis.
The Committee was told by officials from the Department of Finance that the current regime introduced enhanced disclosure requirements on anticipated borrowing and planned uses of funds. In part, this is achieved through improvements to the Debt Management Strategy which is included in the Budget and is debated and voted on by members of the House of Commons each year. The Debt Management Strategy contains information regarding anticipated financial requirements, borrowing requirements, refunding requirements as well as detailed information outlining planned sources and uses of funds. This information forms the basis for the submission the Minister of Finance makes to the Governor in Council on borrowing authority.
The officials from the Department of Finance explained to the Committee that, in addition to the Debt Management Strategy, the Government is required to publish a Debt Management Report. This report provides a reconciliation of the projections in the Debt Management Strategy and what was actually required by the Government. This information, like the Debt Management Strategy, is available to Canadians and Parliamentarians. They also noted that under the current system, the Debt Management Report is required to be published within 30 days of the release of that years' Public Accounts, 15 days less than under the previous process.
Although not discussed by witnesses, the Committee would also note that Bill S-217, as presently drafted, does not have a coming into force provision. This omission constitutes a significant structural concern for some members of the Committee. As it is now, if this Bill were to receive Royal Assent, the proposed changes to the Financial Administration Act would be immediate.
It is the opinion of the majority of the Committee that the present borrowing authority process strikes an appropriate balance between parliamentary oversight and the requirement for efficiency and flexibility.
Respectfully submitted,
JOSEPH A. DAY
Chair
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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.
ORDERS OF THE DAY
OTHER BUSINESS
Inquiries
Orders No. 35, 72, 71, 18, 64, 65 and 22 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the need to address the high rate of youth unemployment in Canada which has remained consistently high for more than two years.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator De Bané, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 40, 9, 60, 68 and 19 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Standing Committee on Internal Economy, Budgets and Administration be permitted, notwithstanding usual practices, to deposit reports with the Clerk of the Senate between July 1, 2013, and September 30, 2013, if the Senate is not then sitting, and the reports be deemed to have been presented or tabled in the chamber, as the case may be; and
That, notwithstanding any usual practice or provision of the Rules, any presented report deposited with the Clerk under the terms of this order be placed on the Orders of the Day for consideration at the next day thereafter during the session that the Senate sits and published in the Journals of that day.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang:
That, pursuant to rule 12-18(2)(b)(i), the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to sit for two days between Friday, June 21, 2013 and Friday, September 20, 2013 for the purpose of considering a draft report relating to its study on the current state of the safety elements of the bulk transport of hydrocarbon products in Canada, even though the Senate may then be adjourned for a period exceeding one week; and
That, notwithstanding usual practices, the Standing Senate Committee on Energy, the Environment and Natural Resources be permitted to deposit with the Clerk of the Senate the above mentioned report if the Senate is not then sitting; and that the report be deemed to have been tabled in the Senate.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:54 p.m. the Senate was continued until tomorrow at 9 a.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Seth replaced the Honourable Senator White (June 20, 2013).
Standing Senate Committee on National Finance
The Honourable Senator De Bané, P.C., replaced the Honourable Senator Moore (June 19, 2013).
The Honourable Senator Moore replaced the Honourable Senator De Bané, P.C. (June 19, 2013).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Furey replaced the Honourable Senator Ringuette (June 19, 2013).
The Honourable Senator Ringuette replaced the Honourable Senator Furey (June 19, 2013).
The Honourable Senator Meredith replaced the Honourable Senator Martin. (June 19, 2013).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Martin replaced the Honourable Senator Raine (June 19, 2013).
The Honourable Senator Raine replaced the Honourable Senator Martin (June 19, 2013).
Corrigendum
(Journals of the Senate, Tuesday April 16, Wednesday, April 17 and Thursday, April 18, 2013)
Add the name of the Honourable Senator *Oh to the list of Senators in attendance to business.