Journals of the Senate
2nd Session, 41st Parliament
Issue 110
Tuesday, December 16, 2014
2:00 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, McCoy, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, 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, McCoy, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, 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
Tabling of documents
The Honourable Senator Martin tabled the following:
Annual Report 2013-2014 of the Taxpayers' Ombudsman.—Sessional Paper No. 2/41-1014.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third 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 Unger, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Cordy moved, seconded by the Honourable Senator Smith, P.C. (Cobourg), that Bill C-43 be not now read a third time, but that it be amended in clause 310, on page 409, by replacing line 4 with the following:
"310. (1) Section 89 of the Act is amended by adding the following after subsection (1):
(1.01) The Governor in Council shall, within 120 days after this subsection comes into force, amend the Immigration and Refugee Protection Regulations to provide that no fee is payable for the provision of services in relation to a request for an assessment by the Department of Employment and Social Development made by an employer in respect of an offer of employment to a foreign national that relates to work to be performed as a live- in caregiver who provides senior home support care or care of the disabled.
(2) Subsection 89(1.1) of the Act is''.
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, Charette-Poulin, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Kenny, Massicotte, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif—24
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, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—48
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator Smith (Saurel), seconded by the Honourable Senator Unger, for third 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, it 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, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—49
NAYS
The Honourable Senators—Les honorables sénateurs
Baker, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Kenny, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif—23
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill C-43 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.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 6 were called and postponed until the next sitting.
Motions
Orders No. 78 and 79 were 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 — 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 to 3 were called and postponed until the next sitting.
° ° °
Consideration of the ninth report of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled: Digging Safely: One-Call Notification Systems and the Prevention of Damage to Canada's Buried Infrastructure, tabled in the Senate on December 3, 2014.
After debate,
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Mitchell, that the report be adopted.
The question being put on the motion, it was adopted.
DEFERRED VOTES
At 5:30 p.m., pursuant to rule 9-10, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Eggleton, P.C., to 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.
The question was put on the motion in amendment of the Honourable Senator Eggleton, P.C., 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.
The motion in amendment 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, Kenny, Massicotte, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif—24
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, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells—46
ABSTENTIONS
The Honourable Senators
Nancy Ruth—1
The Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Cowan, to 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).
The question was put on the motion in amendment of the Honourable Senator Cowan, 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 motion in amendment 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, Kenny, Massicotte, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg), Tardif—23
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, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wells—46
ABSTENTIONS
The Honourable Senators
Cools—1
° ° °
The Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Joyal, P.C., to 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.
The question was put on the motion in amendment of the Honourable Senator Joyal, P.C., 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 motion in amendment 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, Kenny, Massicotte, Mitchell, Moore, Munson, Nancy Ruth, Ogilvie, Ringuette, Sibbeston, Smith (Cobourg), Tardif, Verner—26
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Carignan, Cools, Dagenais, Demers, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Nolin, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Wells—44
ABSTENTIONS
The Honourable Senators
Boisvenu—1
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,
The question being put on the motion, it 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, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wallace, Wells, White—47
NAYS
The Honourable Senators
Campbell, Chaput, Cools, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Kenny, Massicotte, Mitchell, Moore, Munson, Nancy Ruth, Ringuette, Sibbeston, Tardif—23
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill S-7, was then read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
OTHER BUSINESS
Commons Public Bills — Third Reading
Resuming 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,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Beyak, Black, Boisvenu, Carignan, Dagenais, Demers, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Unger, Verner, Wells, White—45
NAYS
The Honourable Senators
Campbell, Chaput, Cordy, Cowan, Dawson, Day, Downe, Eggleton, Fraser, Furey, Hervieux-Payette, Jaffer, Joyal, Kenny, Mitchell, Moore, Munson, Nancy Ruth, Ringuette, Tardif, Wallace—21
ABSTENTIONS
The Honourable Senators
Bellemare, Massicotte—2
Accordingly, Bill C-525, 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.
° ° °
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,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Carignan, Cools, Dagenais, Demers, Eaton, Enverga, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Jaffer, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Ngo, Nolin, Oh, Patterson, Poirier, Raine, Rivard, Seidman, Sibbeston, Smith (Saurel), Tannas, Unger, Wallace, Wells—44
NAYS
The Honourable Senators
Campbell, Cowan, Dawson, Day, Eggleton, Fraser, Hervieux-Payette, Joyal, Kenny, Mitchell, Moore, Munson, Nancy Ruth, Ogilvie, Ringuette, Verner—16
ABSTENTIONS
The Honourable Senators
Boisvenu, Chaput, Cordy, Downe, Furey, Stewart Olsen, Tardif—7
Accordingly, Bill C-266, 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.
Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.
Ordered, That the sitting be suspended to await the announcement of Royal Assent, to reassemble at the call of the Chair with a five minute bell.
(Accordingly, at 7:52 p.m. the sitting was suspended.)
At 8:46 p.m. the sitting resumed.
WRITTEN DECLARATION OF ROYAL ASSENT
At 8:47 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
December 16, 2014
Mr. Speaker:
I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 16th day of December, 2014, at 8:18 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Tuesday, December 16, 2014
An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015 (Bill C-45, Chapter 33, 2014)
An Act to establish a national day to promote health and fitness for all Canadians (Bill S-211, Chapter 34, 2014)
An Act to amend the Canada National Parks Act (Nááts'ihch'oh National Park Reserve of Canada) (Bill S-5, Chapter 35, 2014)
An Act to amend the Corrections and Conditional Release Act (escorted temporary absence) (Bill C-483, Chapter 36, 2014)
An Act respecting a Federal Framework on Lyme Disease (Bill C-442, Chapter 37, 2014)
An Act to amend the Indian Act (publication of by-laws) and to provide for its replacement (Bill C-428, Chapter 38, 2014)
A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures (Bill C-43, Chapter 39, 2014)
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) (Bill C-525, Chapter 40, 2014)
An Act to establish Pope John Paul II Day (Bill C-266, Chapter 41, 2014)
Ordered, That Order No. 79 under ORDERS OF THE DAY, GOVERNMENT BUSINESS, Motions, be again called.
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, January 27, 2015 at 2 p.m.
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 8:53 p.m. the Senate was continued until Tuesday, January 27, 2015 at 2 p.m.)