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64 Elizabeth II , A.D. 2015, Canada

1st Session, 42nd Parliament

Issue 5 (Revised)

Thursday, December 10, 2015
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanChaputCoolsCowanDagenaisDawsonDayDemersDowneDoyleDyckEggletonEnvergaFraserFrumFureyGersteinGreeneHervieux-PayetteHousakosJafferJohnsonJoyalKennyLovelace NicholasMaltaisMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMunsonNancy RuthOgilvieOhPattersonPlettPoirierRaineRinguetteRivardRuncimanSeidmanSibbestonSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasTkachukWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanChaputCools*CordyCowanDagenaisDawsonDayDemersDowneDoyleDyckEggletonEnvergaFraserFrumFureyGersteinGreeneHervieux-PayetteHousakosJafferJohnsonJoyalKenny*LangLovelace Nicholas*MacDonaldMaltaisMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMockler*MooreMunsonNancy RuthOgilvieOhPattersonPlettPoirierRaineRinguetteRivardRuncimanSeidmanSibbestonSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasTkachukWallaceWallinWattWellsWhite

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 Senate Public Bills

The Honourable Senator Stewart Olsen introduced Bill S-214, An Act to amend the Food and Drugs Act (cruelty-free cosmetics).

The bill was read the first time.

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Seidman, 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

Motions

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy:

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.

After debate,

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

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 Day, Chair of the Standing Senate Committee on National Finance, tabled the first report of the committee, entitled: Report on the Supplementary Estimates (B) for the Fiscal year ending March 31, 2016.—Sessional Paper No. 1/42-27S.

With leave,

The Senate proceeded to the consideration of the report.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.

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

Orders of the Day

Other Business

Ordered, That Orders No. 1 and 2 under Reports of Committees – Other be brought forward.

Consideration of the first report of the Committee of Selection (Nomination of a Speaker pro tempore), presented in the Senate on December 9, 2015.

The Honourable Senator Marshall moved, seconded by the Honourable Senator Plett, that the report be adopted.

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

o o o

Consideration of the second report of the Committee of Selection (Nomination of senators to serve on committees), presented in the Senate on December 9, 2015.

The Honourable Senator Marshall moved, seconded by the Honourable Senator Plett, that the report be adopted.

After debate,

In amendment, the Honourable Senator McCoy moved, seconded by the Honourable Senator Boisvenu:

That the report be not now adopted, but that it be referred back to the Committee of Selection and that they be asked to reconsider allocations both as to appropriate proportional allocations and how we might constitute a Conflict of Interest Committee contemporaneously.

After debate,

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

YEAS

The Honourable Senators

BakerBellemareChaputDyckEggletonJafferJoyalKennyMassicotteMcCoyMercerMerchantMeredithNancy RuthRinguetteSmith (Cobourg)Watt—17

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakCarignanCoolsCowanDagenaisDowneDoyleFraserHervieux-PayetteHousakosMaltaisMarshallMartinMcInnisMcIntyreMitchellMocklerMunsonOgilvieOhPattersonPlettPoirierRivardRuncimanSeidmanSmith (Saurel)Stewart OlsenTannasTkachukWellsWhite—35

ABSTENTION

The Honourable Senator

Boisvenu—1

The question being put on the motion of the Honourable Senator Marshall, seconded by the Honourable Senator Plett, for the adoption of the second report of the Committee of Selection (Nomination of senators to serve on committees), it was adopted, on division.

Senate Public Bills – Second Reading

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

Motions

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

That, notwithstanding usual practice, the Senate invite any Minister of the Crown who is not a member of the Senate to enter the chamber during any future Question Period and take part in proceedings by responding to questions relating to his or her ministerial responsibilities, subject to the Rules and practices of the Senate.

After debate,

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

o o o

Order No. 7 was called and postponed until the next sitting.

MOTIONS

The Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser:

That a Special Committee on Senate Modernization be appointed to consider methods to make the Senate more effective within the current constitutional framework;

That the committee be composed of fifteen 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 June 1, 2016.

After debate,

The Honourable Senator Martin moved, for the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Greene, that further debate on the motion be adjourned until the next sitting.

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

With leave of the Senate,

The Honourable Senator Joyal, P.C., tabled the following:

Document entitled: Coming to Terms: An Analysis of the Supreme Court Ruling on the Senate, 2014, dated December 3, 2015, written by David E. Smith.—Sessional Paper No. 1/42-28S.

Document entitled: Working Together: Improving Canada’s Appointed Senate, dated December 3, 2015, findings of the University of Ottawa Symposium on Senate Reform.—Sessional Paper No. 1/42-29S.

INQUIRIES

The Honourable Senator Chaput called the attention of the Senate to the Program to Support Linguistic Rights, the importance of ensuring public financing of court actions that seek to create a fair and just society and to the urgent need for the federal government to re-establish the Court Challenges Program.

After debate,

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

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:17 p.m., the Senate was continued until tomorrow at 9 a.m.)

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

Report of the Office of the Superintendent of Financial Institutions, together with the Auditors’ Report, for the fiscal year ended March 31, 2015, pursuant to the Office of the Superintendent of Financial Institutions Act, R.S.C. 1985, c. 18 (3rd Supp.), Part I, s. 40.—Sessional Paper No. 1/42-25.

Report of the Financial Consumer Agency of Canada, together with the Auditors’ Report, for the fiscal year ended March 31, 2015, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001, c. 9, s. 34.—Sessional Paper No. 1/42-26.