Journals of the Senate
2nd Session, 41st Parliament
Issue 52
Thursday, April 10, 2014
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, Buth, Callbeck, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Martin, Massicotte, McCoy, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, *Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fraser, Frum, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Martin, Massicotte, McCoy, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, *Rivard, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, 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
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
April 10th, 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 10th day of April, 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.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable the Speaker tabled the following:
Special Report to Parliament of the Information Commissioner entitled: Interference with Access to Information: Part 2, pursuant to the Access to Information Act, R.S.C. 1985, c. A- 1, sbs. 40(1).—Sessional Paper No. 2/41-449.
Case Reports of Findings of the Auditor General of Canada in the Matter of an Investigation into a Disclosure of Wrongdoing (Office of the Public Sector Integrity Commissioner), pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, s. 38.(3.3).—Sessional Paper No. 2/41-450.
° ° °
The Honourable Senator Martin tabled the following:
Government Response to the ninth report of Standing Senate Committee on
National Security and Defence entitled: A Study of the New Veterans Charter,
tabled in the Senate on March 21, 2013 during the First Session of the
Forty-first Parliament.—Sessional Paper No. 2/41-451S.
(Pursuant to rule 12-24(4), the report and the response were deemed referred
to the Standing Senate Committee on National Security and Defence)
Presenting or Tabling of Reports from Committees
The Honourable Senator Day presented the following:
Thursday, April 10, 2014
The Standing Senate Committee on National Finance has the honour to present its
EIGHTH REPORT
Your committee, to which was referred 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, has, in obedience to its order of reference of March 6, 2014, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
JOSEPH A. DAY
Chair
Observations to the Eighth Report of the Standing Senate Committee on National Finance
While the Committee is reporting Bill C-462 without amendment, it wishes to observe that — after several meetings with various stakeholders — issues were raised that should be addressed in the regulatory consultation period following the Bill's passage.
The Committee recommends that during the regulatory consultation period the following issues be considered:
Review of the Disability Tax Credit form to simplify it and to consider its online availability;
Clarify the word "promoter'' to more accurately reflect the different groups that fill out the Disability Tax Credit form, for example: health care practitioners, accountants, consultants, etc.;
Review the service level and the promotion of the Credit by the Canada Revenue Agency to increase awareness and reduce the difficulty of applying for the Credit;
Discuss with industry the potential of developing a code of practice to improve the level of service and set standards for certain items, such as advertising;
Ensure that the interpretation of Section 3(2) of the Bill is that the promoter repays the overcharged fee (C) to the claimant.
The Honourable Senator Buth moved, seconded by the Honourable Senator Doyle, 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.
The Honourable Senator Patterson, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fourth report (budget—study on challenges and potential solutions relating to First Nations infrastructure on reserves—power to hire staff and to travel).
(The report is printed as an appendix at pages 770-781 (available in print format PDF).)
The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Segal:
That photographers be authorized in the Senate Chamber to photograph the Royal Assent ceremony today, with the least possible disruption of the proceedings.
The question being put on the motion, it was adopted.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Ngo introduced a Bill S-219, An Act respecting a national day of commemoration of the exodus of Vietnamese refugees and their acceptance in Canada after the fall of Saigon and the end of the Vietnam War.
The bill was read the first time.
The Honourable Senator Ngo moved, seconded by the Honourable Senator McIntyre, 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-525, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act (certification and revocation — bargaining agent), 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 Poirier, 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 Champagne, P.C., tabled the following:
Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Bureau Meeting of the APF, held in Rabat, Morocco, from February 5 to 7, 2014.—Sessional Paper No. 2/41-452.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Ogilvie:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, April 29, 2014 at 2 p.m.
The question being put on the motion, it was adopted.
° ° °
Orders No. 23 and 1 were called and postponed until the next sitting.
° ° °
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers:
That, in accordance with rule 10-11(1), the Standing Senate Committee on Aboriginal Peoples be authorized to examine the subject matter of Bill C-33, An Act to establish a framework to enable First Nations control of elementary and secondary education and to provide for related funding and to make related amendments to the Indian Act and consequential amendments to other Acts, introduced in the House of Commons on April 10, 2014, in advance of the said bill coming before the Senate.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Cowan:
That the sitting be suspended to reassemble at the call of the Chair, with a fifteen minute bell.
The question being put on the motion, it was adopted.
(Accordingly, at 2:33 p.m., the sitting was suspended.)
At 4:02 p.m., the sitting resumed.
Ordered, That Order No. 4 under Other Business, Reports of Committees — Other be brought forward.
Consideration of the fourth report of the Standing Senate Committee on Fisheries and Oceans (budget—study on the regulation of aquaculture, current challenges and future prospects for the industry in Canada), presented in the Senate on April 7, 2014.
The Honourable Senator Manning moved, seconded by the Honourable Senator Gerstein, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable the Speaker Pro tempore 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 Pro tempore as follows:
RIDEAU HALL
April 10th, 2014
Mr. Speaker:
I regret to inform you that the Right Honourable David Johnston, Governor General of Canada, will not be proceeding to the Senate Chamber today.
Yours sincerely,
Patricia Jaton
Deputy Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:05 p.m., the Honourable the Speaker Pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
April 10, 2014
Mr. Speaker:
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 10th day of April, 2014, at 3:40 p.m.
Yours sincerely,
Patricia Jaton
Deputy Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, April 10, 2014
An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations (Bill C-9)
An Act to amend the Criminal Code and the National Defence Act (mental disorder) (Bill C-14)
The Honourable Senator Martin 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 4:08 p.m. the Senate was continued until Tuesday, April 29, 2014, at 2 p.m.)
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report on the Employment Equity Act (Labour) for the year 2013, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 2/41-448.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator McIntyre replaced the Honourable Senator Rivard (April 9, 2014).
The Honourable Senator Dagenais replaced the Honourable Senator Patterson (April 9, 2014).
The Honourable Senator Rivard replaced the Honourable Senator Fortin-Duplessis (April 9, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Unger replaced the Honourable Senator Tkachuk (April 10, 2014).
The Honourable Senator Poirier replaced the Honourable Senator Ringuette (April 10, 2014).
The Honourable Senator Tkachuk replaced the Honourable Senator Patterson (April 10, 2014).
The Honourable Senator Rivard replaced the Honourable Senator Mockler (April 10, 2014).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Tannas replaced the Honourable Senator Johnson (April 10, 2014).
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Tannas (April 10, 2014)
The Honourable Senator Johnson replaced the Honourable Senator Wallace (April 10, 2014).
The Honourable Senator Johnson replaced the Honourable Senator Raine (April 9, 2014).
The Honourable Senator Wallace replaced the Honourable Senator Johnson (April 9, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Downe replaced the Honourable Senator Dawson (April 10, 2014).
The Honourable Senator Seidman replaced the Honourable Senator Tkachuk (April 9, 2014).
The Honourable Senator Dawson replaced the Honourable Senator Downe (April 9, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator McIntyre replaced the Honourable Senator Mockler (April 9, 2014).