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Journals of the Senate

2nd Session, 41st Parliament

Issue 157

Monday, June 22, 2015
2:00 p.m.

The Honourable Leo Housakos, Speaker

The Members convened were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Doyle, Eaton, Enverga, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Wallace, Wells, White

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Doyle, Eaton, Enverga, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kenny, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, 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.

ROUTINE PROCEEDINGS

Tabling of documents

The Honourable Senator Martin tabled the following:

Government Response to the 2013-2014 Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 2/41-1296.

2013-2014 Office of the Federal Ombudsman for the Victims of Crime Annual Report.—Sessional Paper No. 2/41- 1297.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Second Reading

Second reading of Bill C-72, An Act to amend the Canada National Parks Act.

The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

The Honourable Senator Patterson moved, seconded by the Honourable Senator Ogilvie, 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.

°    °    °

Second reading of Bill C-64, An Act to amend the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act.

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

After debate,

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

The bill was then read the second time.

The Honourable Senator Wells moved, seconded by the Honourable Senator Frum, 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.

Reports of Committees — Other

Orders No. 1 to 6 were called and postponed until the next sitting.

Inquiries

Order No. 2 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 — Reports of Committees

Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Dagenais, for the adoption of the nineteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-208, An Act to establish the Canadian Commission on Mental Health and Justice, with a recommendation), presented in the Senate on April 1, 2015.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Orders No. 2 and 3 were called and postponed until the next sitting.

Commons Public Bills — Reports of Committees

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

Senate Public Bills — Second Reading

Orders No. 1 to 11 were called and postponed until the next sitting.

°    °    °

Second reading of Bill S-231, An Act to amend the Firearms Act, the Criminal Code and the Defence Production Act.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Kenny, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Ordered, That Order No. 2 be again called.

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Day, for the second reading of Bill S-232, An Act to amend the Royal Canadian Mounted Police Act (Civilian Review and Oversight Council for the Royal Canadian Mounted Police and the Royal Canadian Mounted Police Ombudsperson) and to make consequential amendments to other Acts.

After debate,

The Honourable Senator Marshall moved, seconded by the Honourable Senator Poirier, that further debate on the motion be adjourned until the next sitting.

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

°    °    °

Ordered, That Order No. 4 be again called.

Second reading of Bill S-233, An Act enacting the Underground Infrastructure Safety Enhancement Act and making consequential amendments to other Acts.

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Moore, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

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

Commons Public Bills — Second Reading

Orders No. 1 and 2 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 eleventh report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Expanding Canadian Businesses' Engagement in Foreign Markets: the Role of Federal Trade Promotion Services, tabled in the Senate on June 17, 2015.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Frum:

That the eleventh report of the Standing Senate Committee on Foreign Affairs and International Trade entitled: Expanding Canadian Businesses' Engagement in Foreign Markets: the Role of Federal Trade Promotion Services, tabled in the Senate on June 17, 2015, 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 International Trade being identified as minister responsible for responding to the report.

After debate,

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

°    °    °

Consideration of the sixteenth report of the Standing Senate Committee on National Security and Defence entitled: Vigilance, Accountability and Security at Canada's Borders, tabled in the Senate on June 18, 2015.

The Honourable Senator Lang moved, seconded by the Honourable Senator White, that the report be adopted.

After debate,

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

°    °    °

Order No. 6 was called and postponed until the next sitting.

°    °    °

Consideration of the twelfth report of the Standing Senate Committee on Banking, Trade and Commerce entitled: Digital Currency: You Can't Flip this Coin!, tabled in the Senate on June 18, 2015.

The Honourable Senator Gerstein moved, seconded by the Honourable Senator Rivard, that the report be adopted.

Debate.

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 Ringuette to the motion of the Honourable Senator Smith (Saurel), seconded by the Honourable Senator Doyle, for the third reading of Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures.

The question was put on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator Moore, that the bill be not now read a third time but that it be amended as follows:

That Divisions 19 and 20 be removed.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

Baker, Campbell, Chaput, Cools, Cordy, Cowan, Dawson, Day, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Massicotte, Merchant, Mitchell, Moore, Munson, Ringuette, Smith (Cobourg), Tardif—23

NAYS

The Honourable Senators—Les honorables sénateurs

Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Carignan, Dagenais, Doyle, Eaton, Enverga, Frum, Gerstein, Greene, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, McInnis, McIntyre, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Wallace, Wells, White—40

ABSTENTIONS

The Honourable Senators

Nil

°    °    °

The Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Wells, to the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms).

The question was put on the the motion in amendment of the Honourable Senator Wells, seconded by the Honourable Senator Batters, that the bill be not now read a third time, but that it be amended in clause 4, on page 2, by adding, after line 33, the following:

"49.21 Section 49.2 does not apply to the leader of a party.''.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

Batters, Dagenais, Eaton, Enverga, Fraser, Frum, Housakos, MacDonald, Maltais, McInnis, Ngo, Plett, ,Stewart Olsen Wells—14

NAYS

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Bellemare, Beyak, Campbell, Carignan, Chaput, Cools, Cordy, Dawson, Day, Doyle, Furey, Gerstein, Greene, Hervieux-Payette, Jaffer, Joyal, Kenny, Lang, LeBreton, Marshall, Martin, Massicotte, McIntyre, Merchant, Mockler, Moore, Nancy Ruth, Neufeld, Ogilvie, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), Tannas, Tardif, Wallace, White—46

ABSTENTIONS

The Honourable Senators

Cowan, Hubley , Mitchell, Munson—4

°    °    °

The Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Moore, to the subsidiary motion of the Honourable Senator Ringuette, to the subamendment of the Honourable Senator Cowan, to the motion in amendment of the Honourable Senator Bellemare, to the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Doyle, for the third reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).

The question was put on the motion in amendment of the Honourable Senator Moore, seconded by the Honourable Senator Dawson, that the subsidiary motion be not now adopted but that it be amended by replacing the word "second'' with the word "first''.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

Baker, Campbell, Chaput, Cools, Cordy, Cowan, Dawson, Day, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Massicotte, Merchant, Mitchell, Moore, Munson, Ringuette, Smith (Cobourg), Tardif—23

NAYS

The Honourable Senators

Andreychuk, Ataullahjan, Batters, Beyak, Carignan, Dagenais, Doyle, Eaton, Enverga, Frum, Gerstein, Greene, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, McInnis, McIntyre, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tannas, Wallace, Wells, White—39

ABSTENTIONS

The Honourable Senators

Bellemare—1


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its fifteenth report (Bill C-61, An Act to amend the Canada National Marine Conservation Areas Act, without amendment).

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Raine, 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 Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its sixteenth report (Bill C-64, An Act to amend the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, without amendment).

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Raine, 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 Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its seventeenth report (Bill C-72, An Act to amend the Canada National Parks Act, without amendment).

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Raine, 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

GOVERNMENT BUSINESS

Bills — Third Reading

Resuming debate on the motion of the Honourable Senator Smith (Saurel), seconded by the Honourable Senator Doyle, for the third reading of Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures.

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

The bill was then read the third time and passed, on division.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

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-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms).

The Honourable Senator Martin, for the Honourable Senator Batters, moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

Batters, Eaton, Enverga, Frum, Plett, Seidman, Wells—7

NAYS

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Bellemare, Beyak, Carignan, Chaput, Cools, Cordy, Cowan, Dawson, Day, Doyle, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Hubley, Jaffer, Joyal, Lang, LeBreton, Maltais, Marshall, Massicotte, McInnis, McIntyre, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Smith (Cobourg), Smith (Saurel), Tannas, Tardif, Wallace—47

ABSTENTIONS

The Honourable Senators

Dagenais, MacDonald , Martin, Stewart Olsen, White—5

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms).

After debate,

In amendment, the Honourable Senator Batters moved, seconded by the Honourable Senator Wells, that the bill be not now read a third time, but that it be amended in clause 4,

(a) on page 2,

(i) by deleting lines 21 to 24,

(ii) by replacing lines 25 and 26 with the following:

"49.2 A member of the House of Commons may only be expelled from the caucus of a party if'',

(iii) by replacing line 29 with the following:

"of the caucus who are members of the House of Commons requesting that the member's'', and

(iv) by replacing lines 32 and 33 with the following:

"by secret ballot by a majority of the members of the caucus who are members of the House of Commons.'';

(b) on page 3,

(i) by replacing line 4 with the following:

"members of the caucus who are members of the House of Commons requesting the'',

(ii) by replacing line 8 with the following:

"ballot of the members of that caucus who are members of the House of Commons who'',

(iii) by replacing line 17, in the French version, with the following:

"membres du groupe parlementaire présents lors'',

(iv) by replacing line 22, in the French version, with the following:

"20 % des membres du groupe parlementaire,'',

(v) by replacing line 25, in the French version, with the following:

"secret, par la majorité des membres du groupe'',

(vi) by replacing line 35 with the following:

"review signed by a majority of the members'', and

(vii) by replacing lines 37 to 39 with the following:

"the caucus, the chair shall order that a leadership review be conducted within 24 months of the receipt of the notice.''; and

(c) on page 4,

(i) by deleting lines 1 to 7,

(ii) by replacing lines 9 to 11 with the following:

"resignation of the leader of a party, the chair of the caucus shall order that a secret ballot vote be taken among the members of the caucus to appoint a person to serve as the interim leader of the party until a new leader has been duly elected by the party.'',

(iii) by replacing line 22, in the French version, with the following:

"membres, la tenue d'un scrutin distinct sur'',

(iv) by replacing lines 25 to 29 with the following:

"respect of the caucus; and

(c) whether section 49.6 is to apply in respect of the caucus.'',

(v) by replacing line 38, in the French version, with the following:

"(3) Les votes de chaque membre du groupe parlementaire sont consi-'',

(vi) by replacing line 39 with the following:

"paragraphs (1)(a) to (c) apply only if a majority'', and

(vii) by replacing line 43, in the French version, with the following:

"membres du groupe parlementaire.''.

After debate,

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Batters, Dagenais, Eaton, Enverga, Fraser, Frum, Housakos, Ngo, Oh, Plett, Stewart Olsen, Wells—12

NAYS

The Honourable Senators

Andreychuk, Baker, Bellemare, Beyak, Carignan, Chaput, Cools, Cordy, Dawson, Day, Doyle, Greene, Hervieux-Payette, Jaffer, Joyal, Lang, LeBreton, Marshall, Martin, McInnis, McIntyre, Merchant, Mockler, Moore, Nancy Ruth, Neufeld, Ogilvie, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), Tannas, Tardif, Wallace—39

ABSTENTIONS

The Honourable Senators

Cowan, Hubley, MacDonald, Munson, White—5

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Hervieux-Payette, P.C.:

That the original question be now put.

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

The question then being put on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms), it was adopted on the following vote:

YEAS

The Honourable Senators

Andreychuk, Baker, Bellemare, Beyak, Carignan, Chaput, Cools, Cordy, Dawson, Day, Doyle, Greene, Hervieux-Payette, Jaffer, Joyal, Lang, LeBreton, Maltais, Marshall, Martin, McIntyre, Merchant, Mockler, Moore, Nancy Ruth, Neufeld, Patterson, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Smith (Cobourg), Smith (Saurel), Tannas, Tardif, Wallace—38

NAYS

The Honourable Senators

Batters, Dagenais, Eaton, Enverga, Fraser, Frum, Housakos, McInnis, Ngo, Oh, Plett, Stewart Olsen, Wells, White—14

ABSTENTIONS

The Honourable Senators

Cowan, Hubley, MacDonald, Munson—4

Accordingly, Bill C-586 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 Dagenais, seconded by the Honourable Senator Doyle, for the third reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations);

And on the motion in amendment of the Honourable Senator Bellemare, seconded by the Honourable Senator Black, that the bill be not now read a third time but that it be amended in clause 1, on page 5,

(a) by replacing line 34 with the following:

"poration;''; and

(b) by adding after line 43 the following:

"(c) labour organizations whose labour relations activities are not within the legislative authority of Parliament;

(d) labour trusts in which no labour organization whose labour relations activities are within the legislative authority of Parliament has any legal, beneficial or financial interest; and

(e) labour trusts that are not established or maintained in whole or in part for the benefit of a labour organization whose labour relations activities are within the legislative authority of Parliament, its members or the persons it represents.'';

And on the subamendment of the Honourable Senator Cowan, seconded by the Honourable Senator Ringuette, that the motion in amendment be not now adopted but that it be amended as follows:

(a) by deleting the word "and'' at the end of paragraph (a) of the amendment;

(b) by adding the following new paragraph (b) to the amendment:

"(b) by replacing line 36 with the following:

'of which are limited to the'; and''; and

(c) by changing the designation of current paragraph (b) to paragraph (c);

And on the subsidiary motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Eggleton, P.C., that the subamendment be not now adopted but that pursuant to rule 12-8(1), it, together with the amendment, be referred to Committee of the Whole for consideration and report, and that the Senate resolve itself into Committee of the Whole, immediately following Question Period on the second sitting day following the adoption of this motion.

After debate,

In amendment, the Honourable Senator Cordy moved, seconded by the Honourable Senator Jaffer, that the subsidiary motion be not now adopted but that it be amended by replacing the word "second'' with the word "third''.

After debate,

The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator Ringuette, that further debate on the motion in amendment 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 Gerstein, seconded by the Honourable Senator Rivard, for the adoption of the twelfth report of the Standing Senate Committee on Banking, Trade and Commerce entitled: Digital Currency: You Can't Flip this Coin!, tabled in the Senate on June 18, 2015.

After debate,

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

Motions

Orders No. 8, 136, 73, 9, 55, 62, 60, 113, 47, 79, 66 and 56 were called and postponed until the next sitting.

Inquiries

Orders No. 47, 21, 48, 57, 53, 54, 51, 52, 41, 44, 42, 43 and 45 were called and postponed until the next sitting.

°    °    °

Resuming debate on the inquiry of the Honourable Senator Munson, calling the attention of the Senate to lighthouses as irreplaceable symbols of Canada's maritime heritage and monuments that enrich communities and the landscape of this country.

After debate,

The Honourable Senator Cowan moved, seconded by the Honourable Senator Jaffer, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

Order No. 17 was 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.

The Honourable Senator Poirier moved, seconded by the Honourable Senator Stewart Olsen, that further debate on the inquiry be adjourned until the next sitting.

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

INQUIRIES

The Honourable Senator Cools called the attention of the Senate to:

(a) our 1988 Senate National Finance Committee study of the Auditor General of Canada; and, to then incumbent Kenneth Dye's February 3 testimony, wherein he described parliament as his "client,'' but also said, ". . . , our office views itself as a servant of Parliament''; and, to his explanation of the comprehensive audit, the term used by the June 6, 2013 Senate government motion, inviting the auditor general to audit exam senators; and, to the Auditor General's term, "performance audit,'' that describes this same audit of senators; and,

(b) to the learned research and scholarship on the auditor general's role and its incursion into the political, policy spheres; and, to Carleton University's Professor Sharon Sutherland's January 28, 1988, testimony before our National Finance Committee; and, to the abandonment by auditors general of their traditional audit role as quantitative bean counters; and, to their movement into the policy and advice spheres, the inexorable consequence of the then new 1977 Auditor General Act, the political result of then Auditor General James Macdonell's, successful public media campaign to that end; and,

(c) to the political fact that this Act enlarged this auditor's powers to add a new unknown power to judge and opine on the "value for money'' of government expenditures; and, to these judgments which, not amenable to arithmetic measurement and quantification, will inevitably be flawed, because by human nature, such judgments will tend to be social, political and qualitative in character, which judgments, so totally liable to human subjectivity and selectivity, cannot be sound measures to form sound conclusions on government spending; and,

(d) to the fact that such auditors' opinions, politicized as they are, having of necessity become public policy opinions, will undermine the constitutional fact that public policy is the exclusive domain of politics, governments and parliaments; and, to Auditor General Act "value for money'' section 7.(2)(d), which says:

7.(2) Each report of the Auditor General under subsection (1) shall call attention to anything that he considers to be of significance and of a nature that should be brought to the attention of the House of Commons, including any cases which he has observed that . . .

(d) money has been expended without due regard to economy or efficiency;

and,

(e) to the fact that Mr. Macdonell's 1977 Auditor General Act wholly altered audit of the public finance; and, to this then new audit role's drift away from the appropriation audit, towards the regulation of government, and now even the houses of parliament, with the result that, in the public mind, the auditors general have become a check on politicians, parliamentarians and senators; and, to this auditor general new role in social and political control, with all its unfortunate results; and, to the Canadian Comprehensive Auditing Foundation, founded, financed, and operated by Auditor General Macdonell's office; and, to its famous paper, Comprehensive Auditing — An Overview, which, at page 6, states that:

Although the primary function of auditors is to add credibility to financial information, recent developments seem to indicate a growing trend towards viewing them in a broader context as agents of social control, . . . .

After debate,

The Honourable Senator Cools, for the Honourable Senator McCoy, moved, seconded by the Honourable Senator Moore, that further debate on the inquiry be adjourned until the next sitting.

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

°    °    °

The Honourable Senator Cools called the attention of the Senate to:

(a) the statutory officer, the Auditor General of Canada, and his powers and duties granted by the current Auditor General Act; and, to our 1878 statute, An Act to provide for the better Auditing of the Public Accounts, which Act created the new auditor general as an independent officer, absolutely and completely separate from government, to be beyond and outside government influence, favour, and disfavour; and,

(b) to the powers of the auditor general, by the Auditor General Act section 13.(4), by which section he is a commissioner under the Inquiries Act, Part I; and, to his powers to compel and obtain information that he needs for his audit, and to the fact that these powers have no application to senators; and, to section 13.(4) that states:

The Auditor General may examine any person on oath on any matter pertaining to any account subject to audit by him and for the purposes of any such examination the Auditor General may exercise all the powers of a commissioner under Part I of the Inquiries Act.

(c) to the February 16, 2011, 9 page paper, The Accountability of Agents of Parliament, and its accompanying 5-line letter, signed by seven office holders, who describe themselves as "agents of parliament,'' in preference to the term "officers of parliament,'' when in fact these office holders are neither; and,

(d) to the 1988 Senate National Finance Committee's Eighteenth Report on its consideration of the Main Estimates, and also on its study on the role of the auditor general pursuant to the then still new 1977 Auditor General Act; and, to this Report, which concluded that the auditor general's role is not to judge the merits of public policy; and,

(e) to Carleton University Professor Sharon Sutherland's article, The Office of the Auditor General of Canada: Watching the Watchdog, which examined the auditor general's value-for-money audit, which article is chapter 6 in the 1981 book, How Ottawa Spends Your Tax Dollars edited by Bruce Doern.

After debate,

The Honourable Senator Cools, for the Honourable Senator McCoy, moved, seconded by the Honourable Senator Moore, that further debate on the inquiry 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):

Five-Year Statutory Review of the Wage Earner Protection Program for the fiscal years 2008-2009 to 2013-2014, pursuant to the Wage Earner Protection Program Act, S.C. 2005, c. 47, s. 1 "42''.—Sessional Paper No. 2/41-1295.

ADJOURNMENT

The Honourable Senator Martin moved, seconded by the Honourable Senator Andreychuk:

That the Senate do now adjourn.

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

(Accordingly, at 9:23 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 Energy, the Environment and Natural Resources

The Honourable Senator Day replaced the Honourable Senator Sibbeston (June 22, 2015).

The Honourable Senator Beyak replaced the Honourable Senator Black (June 22, 2015).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Demers replaced the Honourable Senator Tkachuk (June 19, 2015).

The Honourable Senator Johnson replaced the Honourable Senator Patterson (June 19, 2015).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator LeBreton, P.C., replaced the Honourable Senator Batters (June 19, 2015).

The Honourable Senator Manning replaced the Honourable Senator Neufeld (June 19, 2015).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Seidman replaced the Honourable Senator Housakos (June 22, 2015).

The Honourable Senator Maltais replaced the Honourable Senator Tkachuk (June 22, 2015).

Standing Senate Committee on Transport and Communications

The Honourable Senator Demers replaced the Honourable Senator Smith (Saurel) (June 19, 2015)

 

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