Journals of the Senate
2nd Session, 41st Parliament
Issue 109
Monday, December 15, 2014
5:00 p.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, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, Watt, 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, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, 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
Presenting or Tabling Reports from Committees
The Honourable Senator Day presented the following:
Monday, December 15, 2014
The Standing Senate Committee on National Finance has the honour to present its
FIFTEENTH REPORT
Your committee, to which was referred Bill C-43, A second 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 Friday, December 12, 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 Fifteenth Report of the Standing Senate Committee National Finance
Although the Standing Senate Committee on National Finance completed the Clause by Clause study of Bill C-43, the following Committees studied the subject matter of the Bill and reported to the Senate on certain portions of the Bill as follows:
The Standing Senate Committee on National Finance: Parts 1, 2, 3 and Divisions 1, 8, 13, 14, 19, 23, 25, 30 and 31 of Part 4;
the Standing Senate Committee on Banking, Trade and Commerce: Divisions 9, 12, 18, 22, 26 and 27 of Part 4; reported with Observations;
the Standing Senate Committee on Transport and Communications: Divisions 2, 6, 10, 11, 16 and 21 of Part 4;
the Standing Senate Committee on Social Affairs, Science and Technology: Divisions 5, 7, 17, 20 and 24 of Part 4; reported with Observations;
the Standing Senate Committee on Energy, the Environment and Natural Resources: Divisions 3, 28 and 29 of Part 4; reported with Observations;
the Standing Senate Committee on Foreign Affairs and International Trade: Division 15 of Part 4; and
the Standing Senate Committee on Legal and Constitutional Affairs: Division 4 of Part 4.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Housakos, 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.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 9-10(4), the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Marshall, for the third reading of Bill C- 428, An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement.
The motion was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Dagenais, Demers, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, Maltais, Manning, Marshall, Martin, McIntyre, Meredith, Mockler, Nancy Ruth, Ngo, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—44
NAYS
The Honourable Senators
Baker, Campbell, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Kenny, Massicotte, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif, Watt—26
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-428 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Meredith, for the 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.
After debate,
In amendment, the Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette, that Bill S-7 be not now read a third time but it be amended
(a) on page 2,
(i) in clause 4, by replacing line 6 with the following:
"2.2 No person who is under the age of 18'', and
(ii) by adding after line 19 the following:
"Consequential Amendment
Federal Law—Civil Law Harmonization Act, No. 1
5.1 Section 6 of the Federal Law—Civil Law Harmonization Act, No. 1 is replaced by the following:
6. No person who is under the age of eighteen years may contract marriage.'';
(b) on page 3,
(i) in clause 7, by replacing lines 9 to 24 with the following:
"7. Section 232 of the Act is amended by adding the following after subsection (2):
(2.1) Despite subsection (3), that the victim engaged in behaviour believed by the accused to have been socially or morally inappropriate or unacceptable and to have brought shame or dishonour to the accused or the accused's family does not amount to provocation for the purposes of this section.'', and
(ii) in clause 8, by replacing lines 33 to 38 with the following:
"would be an offence against section 293.1 or 293.2 in respect of that'';
(c) on page 4, in clause 9, by replacing line 10 with the following:
"is under the age of 18 years is guilty of an'';
(d) on page 7,
(i) in clause 14, by replacing line 7 with the following:
"under age of 18 years) and 810.2 (recognizance'', and
(ii) in clause 15, by replacing line 23 with the following:
"age of 18 years) or 810.2 (recognizance —''; and
(e) by making any necessary consequential changes to the numbering of provisions and cross-references.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Campbell, Chaput, Cools, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Massicotte, Mitchell, Moore, Munson, Nancy Ruth, Ringuette, Sibbeston, Smith (Cobourg), Tardif, Watt—25
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Dagenais, Demers, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, Maltais, Manning, Marshall, Martin, McIntyre, Meredith, Mockler, Neufeld, Ngo, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—44
ABSTENTIONS
The Honourable Senators
Nil
The Senate resumed debate on the motion of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Meredith, for the 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.
After debate,
In amendment, the Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Dawson, that Bill S-7 be not now read a third time, but that it be amended
(a) in clause 1, on page 1, by deleting
(i) the heading before line 4, and
(ii) lines 4 and 5; and
(b) by making any necessary consequential changes to the numbering of provisions and cross-references.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Resuming debate on the consideration of the sixteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Subject matter of Bill C-43 (Divisions 5, 7, 17, 20 and 24 of Part 4)), tabled in the Senate on November 27, 2014.
Debate concluded.
° ° °
Orders No. 2 to 7 were called and postponed until the next sitting.
Motions
Order No. 78 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
Commons Public Bills — Third Reading
Third reading of 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).
The Honourable Senator Tannas moved, seconded by the Honourable Senator Oh, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that Bill C- 525 be not now read a third time, but that it be amended as follows:
1. on page 5, by adding after the heading "PUBLIC SERVICE LABOUR RELATIONS ACT'' and before line 13 the following:
"8.1. Paragraph 39(d) of the Public Service Labour Relations Act is replaced by the following:
(d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1.1)(c);''; and
2. on page 6, by adding after line 36 the following:
"12.1. Subsection 100(1) of the Act is replaced by the following:
100. (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1.1)(c) for a council of employee organizations.''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Campbell, Chaput, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Massicotte, Mitchell, Moore, Munson, Ringuette, Smith (Cobourg), Tardif, Watt—22
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Beyak, Black, Boisvenu, Carignan, Dagenais, Demers, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Oh, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wells, White—43
ABSTENTIONS
The Honourable Senators
Bellemare, Wallace—2
The Senate resumed debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of 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).
After debate,
In amendment, the Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser, that Bill C- 525 be not now read a third time, but that it be amended on page 6, by replacing clause 13 with the following:
"13. This Act comes into force on a day to be fixed by order of the Governor in Council, but not earlier than six months after the day on which it receives royal assent.''.
The question was put on the motion in amendment.
Pursuant to rules 9-10(2) and 9-10(6), a standing vote was deferred until tomorrow to follow the deferred standing vote on the amendment to Bill S-7.
° ° °
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Plett, for the third reading of Bill C-266, An Act to establish Pope John Paul II Day.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Hervieux- Payette, P.C., that Bill C-266 be not now read a third time but that it be read a third time this day six months hence.
The question was put on the motion in amendment.
Pursuant to rules 9-10(2) and 9-10(6), a standing vote was deferred until tomorrow to follow the deferred standing vote on the amendment to Bill C-525.
Senate Public Bills — Second Reading
Orders No. 1 to 4 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-224, An Act respecting National Seal and Seafood Products Day.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that the bill be read the second time.
The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Joyal, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 10:24 p.m. the Senate was continued until tomorrow at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Oh replaced the Honourable Senator Enverga (December 15, 2014).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Beyak replaced the Honourable Senator Raine (December 12, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Joyal, P.C., replaced the Honourable Senator Cowan (December 12, 2014).
The Honourable Senator Plett replaced the Honourable Senator Tannas (December 12, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Baker, P.C., was added to the membership (December 15, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Seth was removed from the membership of the committee, substitution pending (December 15, 2014).