Journals of the Senate
2nd Session, 41st Parliament
Issue 23
Thursday, December 5, 2013
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Chaput, Cools, 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, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, 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, Unger, Verner, Wallace, Watt, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Chaput, Cools, 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, Lovelace Nicholas, 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, Unger, Verner, Wallace, Watt, 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
Pursuant to rule 13-4(4) the Honourable Senator Cowan gave notice that he would raise a question of privilege concerning allegations of interference with an independent audit that had been referred to external auditors at Deloitte into the expenses of Senators Brazeau, Harb and Duffy, by the Standing Committee on Internal Economy, Budgets and Administration on February 8, 2013.
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Report on the state of Canada's forests for the year 2013, pursuant to the Department of Natural Resources Act, S.C. 1994, c. 41, sbs. 7(2).—Sessional Paper No. 2/41-256.
Presenting or Tabling of Reports from Committees
The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its third report (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, without amendment).
The Honourable Senator Ogilvie, for the Honourable Senator Eaton, moved, seconded by the Honourable Senator Bellemare, 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-16, An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Andreychuk, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Andreychuk tabled the following:
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the 43rd British Islands and Mediterranean Regional Conference, held in Stanley, Falkland Islands, from February 11 to 15, 2013. —Sessional Paper No. 2/41-257.
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the Mid-Year EXCO Meeting, held in Grand Cayman, Cayman Islands, from March 17 to 22, 2013.—Sessional Paper No. 2/41-258.
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the 62nd Westminster Seminar on Practice and Procedure, held in London, United Kingdom, from June 17 to 21, 2013.—Sessional Paper No. 2/41-259.
Report of the Canadian Delegation of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the Mid-Year EXCO Meeting, held in Ezulwini, Lobamba, Swaziland, from May 8 to 13, 2010.—Sessional Paper No. 2/41-260.
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The Honourable Senator Johnson tabled the following:
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the National Governors Association Winter Meeting, held in Washington, D.C., United States of America, from February 22 to 25, 2013.—Sessional Paper No. 2/41-261.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Pacific NorthWest Economic Region 23rd Annual Summit, held in Anchorage, Alaska, United States of America, from July 14 to 19, 2013.—Sessional Paper No. 2/41-262.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 66th Annual Meeting of the Council of State Governments-WEST, held in Las Vegas, Nevada, United States of America, from July 30 to August 2, 2013.—Sessional Paper No. 2/41-263.
Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 79th Annual Meeting of the Southern Governors' Association, held in Louisville, Kentucky, United States of America, from September 6 to 9, 2013.—Sessional Paper No. 2/41-264.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill S-3, An Act to amend the Coastal Fisheries Protection Act.
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith, that the bill be read the third time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills — Second Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 6 were called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, 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 Honourable Senator Fraser 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.
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Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 1 to 11 were called and postponed until the next sitting.
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Second reading of Bill S-207, An Act to amend the Conflict of Interest Act (gifts).
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that the bill be read the second time.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Martin, 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
Resuming debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Unger, for the second reading of Bill C-462, An Act restricting the fees charged by promoters of the disability tax credit and making consequential amendments to the Tax Court of Canada Act.
After debate,
The Honourable Senator Fraser 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.
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Orders No. 2 to 8 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Marshall, for the second reading of Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment).
After debate,
The Honourable Senator Fraser, for the Honourable Senator Dallaire, moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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Orders No. 10 and 11 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
The Honourable Senator Ngo moved, seconded by the Honourable Senator Bellemare, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Dyck, moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Unger, for the adoption of the second report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: Building Bridges: Canada-Turkey Relations and Beyond, tabled in the Senate on November 28, 2013.
After debate,
In amendment, the Honourable Senator Andreychuk moved, seconded by the Honourable Senator Plett, that the motion to adopt the report be amended to read as follows:
That the second report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: Building Bridges: Canada-Turkey Relations and Beyond, presented in the Senate on November 28, 2013, 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 Foreign Affairs being identified as minister responsible for responding to the report, in consultation with the Minister of International Trade.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Beyak, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Orders No. 33, 9 and 5 were called and postponed until the next sitting.
Inquiries
Orders No. 3, 7 and 4 were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to rule 13-6(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Cowan concerning allegations of interference with an independent audit that had been referred to external auditors at Deloitte into the expenses of Senators Brazeau, Harb and Duffy, by the Standing Committee on Internal Economy, Budgets and Administration on February 8, 2013.
After debate,
The Speaker reserved his decision.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That when the Senate adjourns today, it do stand adjourned until Monday, December 9, 2013, at 6 p.m. and that rule 3-3(1) be suspended in relation thereto.
The question being put on the motion, 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 5:30 p.m. the Senate was continued until Monday, December 9, 2013, at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Robichaud, P.C., replaced the Honourable Senator Mercer (December 4, 2013).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Buth (December 4, 2013).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Beyak replaced the Honourable Senator Seth (December 4, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Patterson replaced the Honourable Senator Demers (December 5, 2013).
The Honourable Senator Demers replaced the Honourable Senator Smith (Saurel) (December 5, 2013).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Joyal, P.C., replaced the Honourable Senator Cordy (December 4, 2013).