Journals of the Senate
2nd Session, 41st Parliament
Issue 68
Tuesday, June 10, 2014
2:00 p.m.
The Honourable Pierre Claude Nolin, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Beyak, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith (Cobourg), Smith (Saurel), Tannas, Tardif, Tkachuk, Unger, Verner, Watt, Wells, WhiteThe Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Beyak, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Smith (Cobourg), Smith (Saurel), Tannas, Tardif, Tkachuk, Unger, Verner, 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.
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Nolin, Speaker pro tempore, took the Chair, pursuant to rule 2-4(2).
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable the Speaker Pro tempore tabled the following:
Annual Report of the Office of the Public Sector Integrity Commissioner for the fiscal year ending March 31, 2014, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46 s. 38.—Sessional Paper No. 2/41-556.
The June 2014 Report of the Auditor General of Canada to the Minister of International Trade, entitled: Environmental and Social Review at Export Development Canada, pursuant to the Export Development Act, R.S.C. 1985, c. E-20, sbs. 21(2). —Sessional Paper No. 2/41-557.
° ° °
The Honourable Senator Martin tabled the following:
Documents entitled:
Canada-Newfoundland and Labrador Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations;
Canada-Newfoundland and Labrador Offshore Marine Installations and Structures Transitional Regulations;
Canada-Newfoundland and Labrador Offshore Area Diving Operations Safety Transitional Regulations;
Canada-Nova Scotia Offshore Marine Installations and Structures Occupational Health and Safety Transitional Regulations;
Canada-Nova Scotia Offshore Marine Installations and Structures Transitional Regulations; and
Canada-Nova Scotia Offshore Area Diving Operations Safety Transitional Regulations.—Sessional Paper No. 2/ 41-558.
Presenting or Tabling of Reports from Committees
The Honourable Senator Manning, Chair of the Standing Senate Committee on Fisheries and Oceans, presented its fifth report (budget—study on the regulation of aquaculture, current challenges and future prospects for the industry in Canada—power to travel).
(The report is printed as an appendix at pages 967-974 (available in print format PDF).)
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith, 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 Day, Chair of the Standing Senate Committee on National Finance, tabled its eleventh report (Supplementary Estimates (A) 2014-2015).—Sessional Paper No. 2/41-559S.
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.
° ° °
The Honourable Senator Dawson presented the following:
Tuesday, June 10, 2014
The Standing Senate Committee on Transport and Communications has the honour to present its
SEVENTH REPORT
Your committee, to which was referred Bill S-4, An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act, has, in obedience to the order of reference of Thursday, May 8, 2014, examined the said bill and now reports the same with the following amendment:
Clause 10, page 10: Replace lines 34 to 40 with the following:
"the breach has occurred.''
Respectfully submitted,
DENNIS DAWSON
Chair
The Honourable Senator Dawson 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.
° ° °
The Honourable Senator Patterson, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its fifth report (Bill C-34, An Act to give effect to the Tla'amin Final Agreement and to make consequential amendments to other Acts, without amendment).
The Honourable Senator Patterson moved, seconded by the Honourable Senator Mockler, 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-37, An Act to change the names of certain electoral districts and to amend the Electoral Boundaries Readjustment Act, 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 Marshall, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill S-5, An Act to amend the Canada National Parks Act (Nááts'ihch'oh National Park Reserve of Canada).
The Honourable Senator Patterson moved, seconded by the Honourable Senator Runciman, that the bill be read the third time.
After debate,
The Honourable Senator Fraser 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.
° ° °
Third reading of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.
The Honourable Senator Frum moved, seconded by the Honourable Senator Tkachuk, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Moore moved, seconded by the Honourable Robichaud, P.C.:
That Bill C-23 be amended in clause 10, on page 11, by replacing lines 32 and 33 with the following:
"any other Act of Parliament, and he or she may fix and pay''.
That Bill C-23 be amended in clause 46,
(a) on page 24, by deleting lines 42 to 44;
(b) on page 25,
(i) by replacing lines 1 to 9 with the following:
"46. (1) Paragraph 143(2)(b) of the Act is'',
(ii) by replacing line 16 with the following:
"(2) Subsection 143(2.1) of the Act is'',
(iii) by replacing lines 25 to 31 with the following:
"(3) Subsection 143(3) of the Act is replaced by the following:
(3) An elector may instead prove his or her identity and residence by taking an oath in writing'', and
(iv) by replacing line 43 with the following:
"(b) vouches for him or her on oath''; and
(c) on page 26,
(i) by replacing lines 6 to 9 with the following:
"(iv) they have not vouched for another elector at the election, and
(v) they have not been vouched for by another elector at the'',
(ii) by replacing line 11 with the following:
"(4) Section 143 of the Act is amended by'', and
(iii) by deleting lines 16 to 22.
That Bill C-23 be amended in clause 47,
(a) on page 26, by replacing line 26 with the following:
"her identity and residence by taking an oath in writing in the''; and
(b) on page 27, by replacing lines 1 and 2 with the following:
"(2) If a person decides to vouch for an elector by taking an oath in writing in the''.
That Bill C-23 be amended in clause 50,
(a) on page 28,
(i) by replacing lines 7 to 11 with the following:
"(b) proves his or her identity and residence by taking an oath in writing in'',
(ii) by replacing line 28 with the following:
"(ii) vouches for the elector on'', and
(iii) by replacing lines 36 to 40 with the following:
"(D) they have not vouched for another elector at the election, and
(E) they have not been vouched for by another elector at the'';
(b) on page 29, by deleting lines 34 to 37; and
(c) on page 30, by deleting lines 1 to 3.
That Bill C-23 be amended in clause 51, on page 30,
(a) by replacing line 7 with the following:
"her identity and residence by taking an oath in writing in the''; and
(b) by replacing lines 14 and 15 with the following:
"(2) If a person decides to vouch for an elector by taking an oath in writing in the''.
That Bill C-23 be amended in clause 57, on page 34, by replacing line 12 with the following:
"subsection 169(2) or to take an oath otherwise''.
That Bill C-23 be amended in clause 60, on page 37, by replacing line 10 with the following:
"residence in accordance with subsection 169(2).''.
That Bill C-23 be amended in clause 93,
(a) on page 193, by deleting lines 27 to 40; and
(b) on page 194,
(i) by replacing line 1 with the following:
"93. (1) Paragraphs 489(2)(d) and (e) of the Act'', and
(ii) by replacing line 7 with the following:
"(2) Subsection 489(3) of the Act is''.
That Bill C-23 be amended in clause 46, on page 25, by replacing lines 21 to 24 with the following:
"document may be authorized, regardless of who issued it.''.
That Bill C-23 be amended in clause 108, on page 227, by adding after line 19 the following:
"510.01 (1) If, on the ex parte application of the Commissioner or the authorized representative of the Commissioner, a judge of a court described in subsection 525(1) is satisfied by information on oath or solemn affirmation that an investigation is being conducted under section 510 and that a person has or is likely to have information that is relevant to the investigation, the judge may order the person to attend as specified in the order and be examined on oath or solemn affirmation by the Commissioner or the authorized representative of the Commissioner on any matter that is relevant to the investigation.
(2) No person shall be excused from complying with an order under subsection (1) on the ground that the testimony required of the person may tend to criminate the person or subject the person to any proceeding or penalty, but no testimony given by an individual pursuant to an order made under subsection (1) shall be used or received against that individual in any criminal proceedings that are subsequently instituted against him or her, other than a prosecution under section 132 or 136 of the Criminal Code.
(3) The Commissioner or the authorized representative of the Commissioner may administer oaths and take and receive solemn affirmations for the purposes of examinations pursuant to subsection (1).''.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Jaffer moved, seconded by the Honourable Senator Chaput, that Bill C-23 be not now read a third time, but that it be amended
(a) in clause 46, on page 26,
(i) by replacing lines 5 to 8 with the following:
"the polling division, and
(iv) their own residence has not been'', and
(ii) by deleting lines 18 and 19;
(b) in clause 47, on page 27, by replacing line 7 with the following:
"subsection 143(6) or 549(3).'';
(c) in clause 50,
(i) on page 28, by replacing lines 35 to 39 with the following:
"the polling division, and
(D) their own residence has not been'', and
(ii) on page 29, by deleting lines 36 and 37;
(d) in clause 51, on page 30, by replacing line 20 with the following:
"subsection 161(7) or 549(3).'';
(e) in clause 54,
(i) on page 32, by replacing lines 11 to 15 with the following:
"the polling division, and
(D) their own residence has not been'', and
(ii) on page 33, by deleting lines 19 and 20;
(f) in clause 55, on page 33, by replacing line 40 with the following:
"subsection 169(6) or 549(3).'';
(g) in clause 60, on page 37, by replacing lines 21 to 23 with the following:
"(3.1) No elector whose own residence has'';
(h) in clause 93,
(i) on page 193,
(A) by deleting lines 29 and 30, and
(B) by deleting lines 36 and 37, and
(ii) on page 194, by replacing lines 1 to 6 with the following:
"(3) Subsection 489(2) of the Act is amended by adding "or'' at the end of paragraph (c) and by replacing paragraphs (d) and (e) with the following:
(d) contravenes subsection 169(6) (attesting to residence when own residence attested to).''; and
(i) in clause 94.1, on page 194, by replacing lines 24 to 29 with the following:
"(a) contravenes subsection 237.1(3.1) (attesting to residence when own residence attested to); or
(b) contravenes any of paragraphs 281(a) to''.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that further debate on the motions in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills — Second Reading
Second reading of Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act.
The Honourable Senator Lang moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Mitchell, moved, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Consideration of the ninth report (Second Interim) of the Standing Senate Committee on National Finance (Main Estimates 2014-2015), tabled in the Senate on May 29, 2014.
The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 5 to 8 were called and postponed until the next sitting.
Motions
Order No. 1 was 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
Order No. 1 was called and postponed until the next sitting.
Commons Public Bills — Third Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 7 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Robichaud, P.C., for the second reading of Bill S-215, An Act to amend the Canada Elections Act (election expenses).
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 Dawson moved, seconded by the Honourable Senator Moore, 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.
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,
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 Ngo moved, seconded by the Honourable Senator Enverga, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Beyak, for the second reading of Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons).
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.
° ° °
Orders No. 7 to 9 were called and postponed until the next sitting.
Reports of Committees — Other
Consideration of the fifth report of the Standing Committee on Internal Economy, Budgets and Administration (budget of a committee—legislation), presented in the Senate on June 5, 2014.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Lang, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the sixth report of the Standing Senate Committee on Transport and Communications (budget—study on challenges faced by the Canadian Broadcasting Corporation—power to travel), presented in the Senate on June 5, 2014.
The Honourable Senator Dawson moved, seconded by the Honourable Senator Moore, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 and 4 were called and postponed until the next sitting.
Motions
Orders No. 62, 69, 71, 9, 56, 66, 55, 60, 8 and 47 were called and postponed until the next sitting.
Inquiries
Orders No. 14, 18, 19, 20, 28, 8, 10 and 29 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin calling the attention of the Senate to its role in protecting minorities.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 13, 25, 26 and 12 were called and postponed until the next sitting.
° ° °
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,
The Honourable Senator Cools moved, seconded by the Honourable Senator Oh, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Watt tabled the following:
Senator Watt's speaking notes on inquiry No. 22 (English text) —Sessional Paper No. 2/41-560S.
° ° °
Orders No. 21, 16, 23 and 5 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to its legislative role.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that further debate on the inquiry 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 Canada Pension Plan Investment Board, together with the Auditors' Report, for the fiscal year ended March 31, 2014, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 2/41-543.
Reports of the Canada Post Corporation for the fiscal year ended March 31, 2014, 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. 2/41-544.
Reports of Marine Atlantic Inc. for the fiscal year ended March 31, 2014, 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. 2/41-545.
Report of the Canada Foundation for Sustainable Development Technology (including the Supplement and Executive Summary of the Corporate Plan for 2014), together with the Auditors' Report, for the year 2013, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 2/41-546.
Report of the Chicken Farmers of Canada, together with the Auditors' Report, for the year ended December 31, 2013, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/41-547
Report of the Canadian Egg Marketing Agency (Egg Farmers of Canada), together with the Auditors' Report, for the year ended December 31, 2013, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/41-548.
Report of the Canadian Turkey Marketing Agency (Turkey Farmers of Canada), together with the Auditors' Report, for the year ended December 31, 2013, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/41-549.
Report of the Canadian Hatching Egg Producers, together with the Auditors' Report, for the year ended December 31, 2013, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/41-550.
Report of the Canadian Beef Cattle Research, Market Development and Promotion Agency (Canada Beef) for the fiscal year ended March 31, 2013, pursuant to the Farm Products Agencies Act, R.S.C. 1985, c. F-4, s. 30.—Sessional Paper No. 2/41-551.
Reports of the Canadian Air Transport Security Authority for the fiscal year ended March 31, 2014, 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. 2/41- 552.
Report on the administration of the Atlantic Fisheries Restructuring Act for the fiscal year ended March 31, 2014, pursuant to the Act, R.S.C. 1985, c. A-14, sbs. 8(1).—Sessional Paper No. 2/41-553.
Reports of the Blue Water Bridge Authority for the fiscal year ended March 31, 2014, 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. 2/41-554.
Reports of the Laurentian Pilotage Authority for the fiscal year ended March 31, 2014, 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. 2/41-555.
ADJOURNMENT
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 6:25 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Oh replaced the Honourable Senator Plett (June 5, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Tannas replaced the Honourable Senator Black (June 9, 2014).
The Honourable Senator Rivard replaced the Honourable Senator Wallace (June 9, 2014).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Lang replaced the Honourable Senator Stewart Olsen (June 9, 2014).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Munson replaced the Honourable Senator Charette-Poulin (June 5, 2014).
The Honourable Senator Furey replaced the Honourable Senator Dawson (June 5, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Moore (June 5, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Dallaire replaced the Honourable Senator Campbell (June 9, 2014).
The Honourable Senator Campbell replaced the Honourable Senator Dallaire (June 6, 2014).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Manning replaced the Honourable Senator Batters (June 9, 2014).
The Honourable Senator Fraser replaced the Honourable Senator Furey (June 9, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Ataullahjan replaced the Honourable Senator Stewart Olsen (June 9, 2014).
The Honourable Senator Enverga replaced the Honourable Senator Patterson (June 5, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Furey replaced the Honourable Senator Merchant (June 5, 2014).