2nd Session, 41st Parliament

Issue 95

Tuesday, November 18, 2014
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Day, Downe, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Joyal, Kenny, Kinsella, Lang, MacDonald, Maltais, Marshall, Martin, Massicotte, McIntyre, Merchant, Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Raine, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, *Dawson, Day, Downe, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, *Hubley, Jaffer, Joyal, Kenny, Kinsella, Lang, *Lovelace Nicholas, MacDonald, Maltais, *Manning, Marshall, Martin, Massicotte, *McInnis, McIntyre, Merchant, *Meredith, Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, *Poirier, Raine, Rivest, Robichaud, Runciman, Seidman, Seth, Sibbeston, *Stewart Olsen, Tannas, Tardif, 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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making 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 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.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Second Reading

Second reading of Bill S-7, An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Beyak, that the bill be read the second time.

After debate,

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Campbell, 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-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Seidman, that the bill be read the second time.

After debate,

The Honourable Senator Fraser, for the Honourable Senator Day, 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.

Motions

Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Carignan, P.C.:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

The question being put on the motion, it was adopted.

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C.:

That the Address be engrossed and presented to His Excellency the Governor General by the Honourable the Speaker.

The question being put on the motion, it was adopted.

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

Commons Public Bills — Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Private Bills — Third Reading

Order No. 1 was called and postponed until the next sitting.

Senate Public Bills — Second Reading

Orders No. 1 to 5 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.

Reports of Committees — Other

Orders No. 1 and 2 were called and postponed until the next sitting.

Motions

Orders No. 69, 60, 66, 73, 8, 47, 74, 79, 62, 55 and 9 called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Cowan, seconded by the Honourable Senator Munson:

That a Special Committee on Equalization and Fiscal Federalism be appointed to consider whether the current formulae for equalization and other related federal transfers affect the ability of Canadians living in all regions of the country to access a basic standard of public services without facing significantly different levels of taxation.

That the committee be composed of nine members, to be nominated by the Committee of Selection and that four members constitute a quorum;

That, the committee have 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, notwithstanding rule 12-18(2)(b)(i), the committee have 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 March 31, 2015.

After debate,

The Honourable Senator Moore moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Inquiries

Orders No. 26, 44, 14, 42, 43, 20, 41, 34, 36, 27, 33, 15, 17, 18, 19, 21, 28 and 10 were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Andreychuk calling the attention of the Senate to the challenges confronting a large and growing number of Canadians who provide care to relatives and friends living with dementia.

After debate,

The Honourable Senator Cordy moved, seconded by the Honourable Senator Tardif, 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 Nolin, calling the attention of the Senate to its role in representing the regions of the Canadian federation.

After debate,

The Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser, 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 Maltais, calling the attention of the Senate to the protection of the Atlantic salmon sports fishery in the marine areas of eastern Canada, and the importance of protecting Atlantic salmon for future generations.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, 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 Tkachuk moved, seconded by the Honourable Senator Seidman:

That the Standing Senate Committee on Banking, Trade and Commerce have the power to sit on Thursday, November 20, 2014, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):

List of outstanding specific legislative proposals to amend listed tax laws announced prior to April 1, 2013, pursuant to the Financial Administration Act, S.C. 2014, c. 20, s. 31.—Sessional Paper No. 2/41-939.

Agreements for RCMP policing services made between Canada and the provinces of Newfoundland and Labrador, Prince Edward Island and Manitoba, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-940.

Report of the Canadian Dairy Commission for the dairy year ending July 31, 2014, together with the Auditor General's Report, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/41-941.

Summaries of the Corporate Plan for the period 2014-2015 to 2018-2019 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2015, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-942.

Annual Report of the Specific Claims Tribunal for the fiscal year ended March 31, 2014, pursuant to the Specific Claims Tribunal Act, S.C. 2008, c. 22, s. 40.—Sessional Paper No. 2/41-943.

Copy of Order in Council P.C. 2014-1238 dated November 3, 2014, concerning the Minimizing the Risk of Exposure to Ebola Virus Disease in Canada Order, pursuant to the Quarantine Act, S.C. 2005, c. 20, sbs. 61(2).—Sessional Paper No. 2/41-944.

Copy of Order in Council P.C. 2014-1264 dated November 10, 2014, concerning the Minimizing the Risk of Exposure to Ebola Virus Disease in Canada Order (No. 2), pursuant to the Quarantine Act, S.C. 2005, c. 20, sbs. 61(2).—Sessional Paper No. 2/41-945.

Report of the Public Service Staffing Tribunal for the fiscal year ended March 31, 2014, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, sbs. 110(2).—Sessional Paper No. 2/41-946.

Report of the British Columbia Treaty Commission for the fiscal year ended March 31, 2014, pursuant to the British Columbia Treaty Commission Act, S.C. 1995, c. 45, sbs. 21(3). —Sessional Paper No. 2/41-947.

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to rule 15-7(1) of the Rules of the Senate and subsection 12(1) of the Ethics and Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

—By written declaration, dated November 4, 2014, the Honourable Senator Massicotte (Bill C-290, An Act to amend the Criminal Code (sports betting)).

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 3:17 p.m. the Senate was continued until tomorrow at 1:30 p.m.)

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Dyck replaced the Honourable Senator Watt (November 7, 2014).

The Honourable Senator Ataullahjan was removed from the membership of the committee, substitution pending (November 6, 2014).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Tkachuk replaced the Honourable Senator Unger (November 17, 2014).

The Honourable Senator Oh replaced the Honourable Senator McIntyre (November 6, 2014).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Day replaced the Honourable Senator Mitchell (November 18, 2014).

The Honourable Senator Tannas replaced the Honourable Senator Black (November 17, 2014).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Plett replaced the Honourable Senator Housakos (November 17, 2014).

The Honourable Senator Verner, P.C., replaced the Honourable Senator Rivard (November 6, 2014).

The Honourable Senator Oh replaced the Honourable Senator Raine (November 6, 2014).

The Honourable Senator Housakos replaced the Honourable Senator Eaton (November 6, 2014).

The Honourable Senator Demers replaced the Honourable Senator Beyak (November 6, 2014).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Plett replaced the Honourable Senator MacDonald (November 6, 2014).

Standing Senate Committee on National Finance

The Honourable Senator Plett replaced the Honourable Senator Gerstein (November 18, 2014).

The Honourable Senator McIntyre replaced the Honourable Senator Rivard (November 18, 2014).

The Honourable Senator Rivard replaced the Honourable Senator Maltais (November 18, 2014).

The Honourable Senator Maltais replaced the Honourable Senator Rivard (November 17, 2014).

Standing Senate Committee on National Security and Defence

The Honourable Senator Stewart Olsen replaced the Honourable Senator Fortin-Duplessis (November 18, 2014).

The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Stewart Olsen (November 17, 2014).

Standing Senate Committee on Official Languages

The Honourable Senator Poirier replaced the Honourable Senator Wells (November 18, 2014).

The Honourable Senator Wells replaced the Honourable Senator Poirier (November 17, 2014).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Wallace was added to the membership (November 10, 2014).

Standing Senate Committee on Transport and Communications

The Honourable Senator Merchant replaced the Honourable Senator Hervieux-Payette, P.C. (November 7, 2014).

The Honourable Senator Mercer replaced the Honourable Senator Joyal, P.C. (November 7, 2014).

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Massicotte (November 7, 2014).