Journals of the Senate
2nd Session, 41st Parliament
Issue 73
Tuesday, June 17, 2014
2:00 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, Champagne, 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, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, 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, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, 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, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, 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, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, 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
Tributes
Tribute was paid to the Honourable Senator Champagne, P.C., who will retire from the Senate on July 17, 2014.
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 Official Languages 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. 2/41-579.
Presenting or Tabling of Reports from Committees
The Honourable Senator Day presented the following:
Tuesday, June 17, 2014
The Standing Senate Committee on National Finance has the honour to present its
TWELFTH REPORT
Your committee, to which was referred Bill C-31, An Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures, has, in obedience to the order of reference of Monday, June 16, 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 Twelfth Report of the Standing Senate Committee National Finance
Part 6, Division 14 — Insurance Companies Act
The Minister of Finance should, after consulting the parties involved, consider establishing principles concerning property rights on accumulated surpluses before establishing the rules for the demutualization of Economical or of any mutual property and casualty insurance company because property rights on accumulated surpluses are not clearly defined at this time. If the courts are asked to intervene, they should make sure that all stakeholders (among others, mutual property and casualty insurance companies, cooperatives, insurance brokers and their associations) are able to present their case on the divisibility or indivisibility of these surpluses since the community as a whole could be impacted by any such rulings.
Part 6, Division 25 — Amendments Relating to International Treaties on Trademarks
We want to underline the quality and quantity of concerns expressed by the business community and intellectual property rights experts on the withdrawal of the written declaration of use when registering a trademark in Canada. In the absence of any outside positive testimony on this matter, it is difficult to evaluate the overall benefit for Canada of the withdrawal of the written declaration of use.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Unger, 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 sixth report (Bill C-25, An Act respecting the Qalipu Mi'kmaq First Nation Band Order, without amendment).
The Honourable Senator Wallace moved, seconded by the Honourable Senator Rivard, 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.
With leave,
The Senate reverted to SENATORS' STATEMENTS.
An Honourable Senator made a statement.
ROUTINE PROCEEDINGS
Introduction and First Reading of Senate Public Bills
The Honourable Senator Mercer introduced a Bill S-223, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
The bill was read the first time.
The Honourable Senator Mercer moved, seconded by the Honourable Senator Moore, 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 Oh tabled the following:
Report of the Canadian Delegation of the Canada-China Legislative Association and theCanada-Japan Inter- Parliamentary Group respecting its participation at the 34th General Assembly of the ASEAN Inter-Parliamentary Assembly, held in Bandar Seri Begawan, Brunei Darussalam, from September 17 to 23, 2013.—Sessional Paper No. 2/ 41-580.
° ° °
The Honourable Senator Buth tabled the following:
Report of the Canadian Delegation of the Canada-Japan Inter-Parliamentary Group respecting its participation at the Co-Chairs' Annual Visit to Japan, held in Tokyo, Japan, from April 7 to 12, 2013.—Sessional Paper No. 2/41-581.
Tabling of Petitions
The Honourable Senator Johnson tabled the following petition:
Of Eastern Synod of the Evangelical Lutheran Church in Canada, in the City of Kitchener, in the Province of Ontario; praying for the passage of an Act to amend the Eastern Synod of the Evangelical Lutheran Church in Canada Act, so that it may continue to call regular and special meetings under the Act despite certain provisions of the Canada Not-for-profit Corporations Act.—Sessional Paper No. 2/41-582S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Second reading of Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Wallace, that the bill be read the second time.
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 Eaton moved, seconded by the Honourable Senator Rivard, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
Bills — Third Reading
Third reading of Bill C-37, An Act to change the names of certain electoral districts and to amend the Electoral Boundaries Readjustment Act.
The Honourable Senator Batters moved, seconded by the Honourable Senator Oh, 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.
Bills — Second Reading
Order No. 3 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 7 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.
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Fortin- Duplessis, for the 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.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier, that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Commons Public Bills — Third Reading
Third reading of Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders).
The Honourable Senator Dagenais moved, seconded by the Honourable Senator McIntyre, that the bill be read the third time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette, 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.
Senate Public Bills — Second Reading
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 4 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator MacDonald, seconded by the Honourable Senator Greene, for the second reading of Bill C-290, An Act to amend the Criminal Code (sports betting).
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. 6 and 7 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence).
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Wallace, that the bill be read the second 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.
° ° °
Second reading of Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Beyak, 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
Resuming debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Black, for the adoption of the ninth report of the Standing Senate Committee on National Security and Defence (budget—study on mental health issues affecting serving and retired members of the Canadian Armed Forces—power to hire staff and power to travel), presented in the Senate on June 5, 2014.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the tenth report of the Standing Senate Committee on National Security and Defence entitled: Canada and Ballistic Missile Defence: Responding to the Evolving Threat, tabled in the Senate on June 16, 2014.
The Honourable Senator Lang moved, seconded by the Honourable Senator Housakos:
That the tenth report of the Standing Senate Committee on National Security and Defence entitled: Canada and Ballistic Missile Defence: Responding to the Evolving Threat, tabled in the Senate on June 16, 2014, 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 Defence being identified as minister responsible for responding to the report.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That all remaining items on the Order Paper be postponed until the next sitting.
MOTIONS
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Jaffer:
That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to:
Review the temporary foreign workers program and the possible abuse of the system through the hiring of foreign workers to replace qualified and available Canadian workers;
Review the criteria and procedure to application assessment and approval;
Review the criteria and procedure for compiling a labour market opinion;
Review the criteria and procedure for assessing qualifications of foreign workers;
Review interdepartmental procedures and responsibilities regarding foreign workers in Canada;
Provide recommendations to ensure that the program cannot be abused in any way that negatively affects Canadian workers; and
That the Committee submit its final report no later than March 31, 2015, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
After debate,
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Enverga, 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 on the ten-year review of the Business Development Bank of Canada Act for the period of 2001 to 2010, pursuant to the Act, S. C. 1995, c. 28, sbs. 36(2).—Sessional Paper No. 2/41-578.
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 6:29 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 Aboriginal Peoples
The name of the Honourable Senator Ataullahjan was added to the membership (June 16, 2014).
The Honourable Senator Baker, P.C., replaced the Honourable Senator Sibbeston (June 16, 2014).
Standing Senate Committee on National Finance
The name of the Honourable Senator Plett was added to the membership (June 16, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Campbell replaced the Honourable Senator Dallaire (June 16, 2014).
The Honourable Senator Dallaire replaced the Honourable Senator Campbell (June 16, 2014).