Journals of the Senate
2nd Session, 41st Parliament
Issue 58
Thursday, May 8, 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, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, 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, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Government Response to 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, during the First Session of the
Forty-first Parliament.—Sessional Paper No. 2/41-486S.
(Pursuant to rule 12-24(4), the report and the response were deemed referred
to Standing Senate Committee on Social Affairs, Science and Technology.
Presenting or Tabling of Reports from Committees
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its seventh report (Bill C-444, An Act to amend the Criminal Code (personating peace officer or public officer), without amendment).
The Honourable Senator Dagenais moved, seconded by the Honourable Senator Demers, 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 Dawson, Chair of the Standing Senate Committee on Transport and Communications, tabled its fourth report (study on the practice of collecting and analyzing data from Bell Canada customers for commercial purposes including targeted advertising).—Sessional Paper No. 2/41-487S.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Runciman introduced a Bill S-221, An Act to amend the Criminal Code (assaults against public transit operators).
The bill was read the first time.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Beyak, 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 MacDonald tabled the following:
Report of the Canadian Section of ParlAmericas respecting its participation at the 33rd meeting of the Board of Directors, held in Santo Domingo, Dominican Republic, from March 19 to 21, 2014.—Sessional Paper No. 2/41-488.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Fortin-Duplessis, for the second reading of Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents 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 second time.
The Honourable Senator Housakos moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted, on division.
° ° °
Second reading of Bill C-30, An Act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures.
The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Mercer, 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.
° ° °
Order No. 3 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order.
The Honourable Senator Wallace moved, seconded by the Honourable Senator Eaton, that the bill be read the second time.
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.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That, during the month of May 2014:
1. notwithstanding rule 12-18(1), the Standing Senate Committee on Agriculture and Forestry have the power to sit even though the Senate may then be sitting for the purposes of its study of Bill C-30, An Act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures, should this bill be referred to the committee; and
2. pursuant to rule 12-18(2)(b)(i), the committee be also authorized to sit for the purposes of this study, even though the Senate may then be adjourned for more than a week.
After debate,
The question being put on the motion, it was adopted, on division.
° ° °
The Honourable Senator Martin moved, seconded by the Honourable Senator Greene:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, May 13, 2014 at 2 p.m.
The question being put on the motion, it was adopted, on division.
° ° °
Orders No. 23 and 1 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Meredith, seconded by the Honourable Senator Raine, for the third reading of Bill S-213, An Act respecting Lincoln Alexander Day, as amended.
After debate,
The question being put on the motion, it was adopted.
The bill, as amended, 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.
Commons Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Doyle, for the third 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;
And on the motion in amendment of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Eggleton, P.C., that Bill C-462 be not now read a third time, but that it be amended in clause 2, on page 2, by replacing line 14 with the following:
"a disability tax credit request, but does not include a person who is a member in good standing of a professional association established by or under an Act of the legislature of a province and entitled to provide health care in the province.''.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Doyle, for the third 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, 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.
° ° °
Order No. 2 was called and postponed until the next sitting.
Senate Public Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Fraser, for the second reading of Bill S-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence).
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 Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, P.C., 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.
° ° °
Orders No. 3 to 8 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Moore, for the second reading of Bill S-207, An Act to amend the Conflict of Interest Act (gifts).
After debate,
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 Day, moved, seconded by the Honourable Senator Joyal, P.C., that the bill be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion, it was adopted.
° ° °
Orders No. 10 and 11 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Bellemare, for the second reading of Bill C-428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
After debate,
With leave of the Senate,
The Honourable Senator Fraser, for the Honourable Senator Dyck, moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 to 9 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 55, 60, 8, 47, 62, 9 and 56 were called and postponed until the next sitting.
Inquiries
Orders No. 16, 23, 5, 4, 15, 7, 14, 18, 19, 20, 13, 24, 2, 8, 10 and 17 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 ineffectiveness of non-refundable tax credits for low-income families.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Cowan, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Cowan, calling the attention of the Senate to the 30th anniversary of the appointment of Senators Charlie Watt and Anne Cools.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Watt.
° ° °
Resuming debate on the inquiry of the Honourable Senator Mercer, calling the attention of the Senate to Senate Reform and how the Senate and its Senators can achieve reforms and improve the function of the Senate by examining the role of Senators in their Regions.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Ringuette, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
MOTIONS
The Honourable Senator Nolin moved, seconded by the Honourable Senator Joyal, P.C.:
That a Special Committee on Senate Modernization be appointed to consider methods to make the Senate more effective, more transparent and more responsible, within the current constitutional framework, in order, in part, to increase public confidence in the Senate;
That the committee be composed of nine members, to be nominated by the Committee of Selection, and that five members constitute a quorum;
That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;
That the committee be authorized to hire outside experts;
That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and
That the committee be empowered to report from time to time and to submit its final report no later than December 31, 2015.
After debate,
The Honourable Senator Nolin moved, seconded by the Honourable Senator Lang, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report of the Roosevelt Campobello International Park Commission, together with the Auditors' Report, for the year ended December 31, 2013, pursuant to the Roosevelt Campobello International Park Commission Act, S.C. 1964- 65, c. 19, s. 7. —Sessional Paper No. 2/41-484.
Summaries of the Corporate Plan for 2013-2014 to 2017-2018 and of the Operating and Capital Budgets for 2013- 2014 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-485.
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 4:48 p.m. the Senate was continued until Tuesday, May 13, 2014 at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tannas replaced the Honourable Senator Black (May 8, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Mitchell replaced the Honourable Senator Ringuette (May 8, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Segal replaced the Honourable Senator Stewart Olsen (May 7, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Plett replaced the Honourable Senator Batters (May 8, 2014).
The Honourable Senator Batters replaced the Honourable Senator Plett (May 7, 2014).