Journals of the Senate
2nd Session, 41st Parliament
Issue 108
Friday, December 12, 2014
9:00 a.m.
The Honourable Pierre Claude Nolin, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, 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, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, 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, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, 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
Some Honourable Senators made statements.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third 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 Meredith, 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.
Bills — Second Reading
Order No. 1was called and postponed until the next sitting.
° ° °
Second reading of Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Doyle, that the bill be read the second time.
Debate.
A point of order was raised with respect to the acceptability of the bill.
After debate,
The Speaker reserved his decision.
Reports of Committees — Other
Orders No. 1 to 7 were called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, December 15, 2014 at 5 p.m. and that rule 3-3(1) be suspended in relation thereto.
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
Third reading of Bill C-442, An Act respecting a Federal Framework on Lyme Disease.
The Honourable Senator Johnson moved, seconded by the Honourable Senator Andreychuk, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
SPEAKER'S RULING
After reflection, like I mentioned to you, because the two sides seem to agree on the process, we will proceed with Bill C-43. Senator Smith will speak and then Senator Day.
This will not interfere with my reflection on, as we say in French, décision au fond, on the point of order raised by Senator Moore and, of course, with all the arguments made by both sides of the aisle.
I first want to thank everyone for being part of this discussion. It was interesting and long overdue. We will proceed with Bill C-43, and the decision will come when we come back in January.
GOVERNMENT BUSINESS
Bills — Second Reading
The Senate resumed debate on the motion of the Honourable Senator Smith (Saurel), seconded by the Honourable Senator Doyle, for the second reading of Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures.
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 Smith (Saurel) moved, seconded by the Honourable Senator Unger, that the bill be referred to the Standing Senate Committee on National Finance.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Presenting or Tabling Reports from Committees.
The Honourable Senator Runciman presented the following:
Friday, December 12, 2014
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-FIRST REPORT
Your committee, to which was referred 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), has, in obedience to the order of reference of Tuesday, October 28, 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,
BOB RUNCIMAN
Chair
Observations to the Twenty-First Report of the Standing Senate Committee on Legal and Constitutional Affairs
Subsequent to the completion of the committee's hearings on Bill C-525, and during clause by clause consideration, the committee was made aware of a minor drafting error concerning clause 9 of the bill.
This clause amends section 64 of the Public Service Labour Relations Act, S.C. c. 22, s. 2, which addresses the criteria that the Public Service Labour Relations and Employment Board must consider before ordering that certain representation votes be taken. Clause 9 of the bill deletes paragraph 64(1)(c) of the Act and moves its contents to new paragraph 64(1.1)(c).
Paragraph 64(1)(c), however, remains referenced in sections 39(d) and 100(1) of the Act, which are not being amended by Bill C-525. The committee heard evidence that while this omission is not trivial, it will not prevent the Board from obtaining information necessary for it to discharge its duties with regard to existing paragraph 64(1)(c) of the Act.
While regrettable, the committee proposes that the bill be adopted and that the drafting error be corrected in future legislation prior to Bill C-525 coming into force.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Batters, 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.
ORDERS OF THE DAY
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 2 was called and postponed until the next sitting.
Senate 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 Mercer, seconded by the Honourable Senator Mitchell, for the second reading of Bill S-223, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).
After debate,
With leave of the Senate,
The Honourable Senator Greene moved, seconded by the Honourable Senator Demers, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was 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
Consideration of the eighth report of the Standing Senate Committee on Banking, Trade and Commerce (budget—study on digital currency—power to hire staff and to travel), presented in the Senate on December 11, 2014.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Raine, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the tenth report of the Standing Senate Committee on Transport and Communications, (budget—release of additional funds (study on the challenges faced by the Canadian Broadcasting Corporation—power to travel)) presented in the Senate on December 11, 2014.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Smith, P.C. (Cobourg), that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Consideration of the seventh report of the Standing Senate Committee on Fisheries and Oceans (supplementary budget—study on regulation of aquaculture, current challenges and future prospects for the industry in Canada), presented in the Senate on December 11, 2014.
The Honourable Senator Hubley moved, seconded by the Honourable Senator Munson, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Orders No. 4 to 7 were called and postponed until the next sitting.
Motions
Orders No. 47, 74, 79, 62, 73, 8, 55, 9, 56 and 60 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Nolin, 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 Cowan moved, seconded by the Honourable Senator Fraser, 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. 36, 27, 33, 45, 34, 15, 17, 26, 18, 19, 21, 28, 13, 16, 29, 44, 14, 42, 43, 20 and 41 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Unger:
That the Standing Senate Committee on National Finance have the power to sit at 3 p.m. on Monday, December 15, 2014, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
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 12:45 p.m. the Senate was continued until Monday, December 15, 2014 at 5 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Jaffer replaced the Honourable Senator Moore (December 12, 2014).