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64 Elizabeth II , A.D. 2015, Canada

1st Session, 42nd Parliament

Issue 6 (Revised)

Friday, December 11, 2015
9 a.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanChaputCoolsCowanDagenaisDawsonDayDowneDoyleDyckEatonEggletonEnvergaFraserFrumFureyGreeneHervieux-PayetteHousakosJafferJohnsonJoyalKennyLovelace NicholasMaltaisMarshallMartinMassicotteMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMunsonNancy RuthOgilvieOhPattersonPlettPoirierRinguetteRivardRuncimanSeidmanSibbestonSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasWallaceWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanChaputCools*CordyCowanDagenaisDawsonDayDowneDoyleDyckEatonEggletonEnvergaFraserFrumFureyGreeneHervieux-PayetteHousakosJafferJohnsonJoyalKenny*LangLovelace Nicholas*MacDonaldMaltaisMarshallMartinMassicotteMcInnisMcIntyreMercerMerchantMeredithMitchellMockler*MooreMunsonNancy RuthOgilvieOhPattersonPlettPoirierRinguetteRivardRuncimanSeidmanSibbestonSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasWallaceWattWellsWhite

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 the Speaker tabled the following:

Rules of the Senate of Canada, dated December 2015.—Sessional Paper No. 1/42-31S.

o o o

With leave of the Senate,

The Honourable Senator Furey tabled the following:

Report of the Parliamentary Delegation of the Senate, led by the Honourable Pierre Claude Nolin, former Speaker of the Senate, that travelled to the United Kingdom, from March 19 to 21, 2015.—Sessional Paper No. 1/42-32S.

Introduction and First Reading of
Government Bills

A message was brought from the House of Commons with Bill C-3, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016, to which it desires the concurrence of the Senate.

The bill was read the first time.

Ordered, That the bill be placed on the Orders of the Day for a second reading later this day.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Dyck introduced Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

The bill was read the first time.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Mitchell, 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.

Notices of Motions

With leave of the Senate,

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

That all committees be authorized to meet during any suspension of today’s sitting, with rule 12-18(1) being suspended in relation thereto; and

That, pursuant to rule 12-18(2)(b)(i), all committees be authorized to meet on the Monday of the first week the Senate sits in 2016, even though the Senate may then be adjourned for a period exceeding one week.

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

o o o

With leave of the Senate,

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

That, pursuant to rule 12-18(2)(b)(i), the Standing Committee on Internal Economy, Budgets and Administration be authorized to meet in December 2015 and January 2016, even though the Senate may then be adjourned for a period exceeding one week.

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

o o o

With leave of the Senate,

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

That photographers be authorized in the Senate Chamber to photograph the next Royal Assent ceremony, with the least possible disruption of the proceedings.

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

Orders of the Day

Government Business

Bills – Second Reading

The order was called for the second reading of Bill C-3.

Ordered, That the sitting be suspended to reassemble at the call of the chair, with a five minute bell.

(Accordingly, at 9:18 a.m., the sitting was suspended.)

At 11:17 a.m., the sitting resumed.

SPEAKER'S STATEMENT

Honourable senators, I would first like to read a statement just made by the Speaker of the House of Commons.

I wish to inform the House that a number of administrative errors occurred with respect to Bill C-3, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016.

Due to these administrative errors, the copy of the bill that was circulated at the opening of yesterday’s session did not contain the usual schedule that reflects how the global amount for the supplementary estimates is allocated amongst the various votes. As is the usual practice on the final supply day, the House considered and concurred in the supplementary estimates, followed by the supply bill based upon these estimates.

I have instructed the Acting Clerk and his officials to take the necessary steps to ensure that a corrected copy of Bill C-3, one that accurately reflects the will of the House, is forwarded to the other place.

I thank hon. members for their attention.

Let me begin, honourable senators, by thanking Senator Day for identifying the issue with Bill C-3.

Senator Day’s usual attentiveness, acuity and attention to these bills are always appreciated by this house.

We have ascertained, colleagues, that the Senate received a defective version of the bill.  I would therefore suggest that proceedings on the bill thus far be declared null and void.  If we do this, we could then read the corrected message and give the corrected bill first reading.  Subsequent proceedings would then depend upon the will of the Senate.

While it is not our place to look into the functioning of the House of Commons, I am appalled that we received a defective bill.  If it is the wish of the house, I would be prepared to write to my counterpart in the House of Commons to seek his assurance that this will not happen again.

o o o

With leave of the Senate,

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

That all proceedings to date on Bill C-3, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016, be declared null and void.

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


A message was brought from the House of Commons with Bill C-3, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016, to which it desires the concurrence of the Senate.

The bill was read the first time.

Second reading of Bill C-3, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016.

With leave of the Senate,

The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that the bill be read the second time.

After debate,

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

The bill was then read the second time, on division.

Third reading of Bill C-3, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016.

With leave of the Senate,

The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that the bill be read for a third time.

After debate,

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.


The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

December 11th, 2015

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, will proceed to the Senate Chamber today, the 11th day of December, 2015, at 1 p.m., for the purpose of giving Royal Assent to a certain bill of law.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Motions

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1 to 13 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Cowan, 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.

Debate.

With leave of the Senate,

The Honourable Senator Massicotte tabled the following:

Document entitled: Working Sessions on Senate Modernization Report, dated December 11, 2015.—Sessional Paper No. 1/42-33S.


At 12:51 p.m., pursuant to rule 16-1(7), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The sitting of the Senate was suspended to await the arrival of His Excellency the Governor General of Canada.

After awhile, His Excellency the Governor General of Canada arrived and was seated at the foot of the Throne.

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:

“It is the pleasure of His Excellency the Governor General of Canada that they attend him immediately in the Senate Chamber.”

The House of Commons being come,

The Speaker of the House of Commons addressed His Excellency the Governor General of Canada as follows:

“May it Please Your Excellency:

The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.

In the name of the Commons, I present to Your Excellency the following bill:

An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2016 (Bill C-3, Chapter 42, 2015)

To which bill I humbly request Your Excellency’s Assent.”

After one of the Clerks at the Table read the title of this bill,

To this bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:

“In His Majesty’s name, His Excellency the Governor General of Canada thanks her loyal subjects, accepts their benevolence and assents to this bill.”

1:14 p.m.

The Commons withdrew.

After which His Excellency the Governor General of Canada was pleased to retire.

Orders of the Day

Other Business

Motions

The Senate resumed debate on the motion of the Honourable Senator Cowan, 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 question being put on the motion, it was adopted.

o o o

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


With leave,

The Senate reverted to Senators’ Statements.

An Honourable Senator made a statement.

Other Business

Inquiries

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

MOTIONS

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

That the Senate of Canada call on the government to establish a program similar to the Atomic Veterans Recognition Program in order to offer $24,000 in compensation to the civilian volunteers and employees who assisted in decontamination work at the nuclear reactor in Chalk River, Ontario, in 1952 and 1958 and who were excluded from the Program, which was available only to the personnel of the Canadian Armed Forces and the Department of National Defence.

After debate,

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

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

o o o

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

That the Standing Senate Committee on Banking, Trade and Commerce, when and if it is formed, be authorized to examine and report on Canada’s export performance as compared to international best practices in order to provide recommendations to improve Canada’s current export performance, the worst in 30 years according to the OECD;

That the committee make a preliminary report on the current export performance to the Senate no later than April 14, 2016; and

That the committee make to the Senate a final report on the implementation of an integrated policy for all partners to improve Canadian exports to all countries, especially those with which Canada has a free trade agreement, no later than December 16, 2016.

After debate,

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

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

o o o

With leave of the Senate,

The Honourable Senator Dyck moved, seconded by the Honourable Senator Patterson:

That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to the Twelfth Report of the Standing Senate Committee on Aboriginal Peoples, entitled: On-Reserve Housing and Infrastructure: Recommendations for Change, tabled and adopted in the Senate on June 23, 2015, during the Second Session of the Forty-first Parliament, with the Minister of Indigenous and Northern Affairs being identified as minister responsible for responding to the report.

After debate,

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons in the following words:

Friday, December 11, 2015

EXTRACT,—          Motions

By unanimous consent, it was resolved, — That a Special Joint Committee of the Senate and the House of Commons be appointed to review the report of the External Panel on Options for a Legislative Response to Carter v. Canada and other recent relevant consultation activities and studies, to consult with Canadians, experts and stakeholders, and make recommendations on the framework of a federal response on physician-assisted dying that respects the Constitution, the Charter of Rights and Freedoms, and the priorities of Canadians; 

That five Members of the Senate and ten Members of the House of Commons be Members of the Committee with two Chairpersons of which the House Co-Chair shall be from the governing party and the Senate Co-Chair from the Official Opposition party; and, that one additional Member of the third party be a Member of the Committee without voting privileges;

That the House of Commons membership be determined by the whip of each party by depositing with the Clerk of the House a list of his or her party’s Members of the Committee no later than five sitting days after the adoption of this motion;

That changes in the membership of the Committee, on the part of the House of Commons, be effective immediately after a notification signed by the Member acting as the chief Whip of any recognized party has been filed with the clerk of the Committee;

That the Committee be directed to consult broadly, take into consideration consultations that have been undertaken on the issue, examine relevant research studies and literature and review models being used or developed in other jurisdictions;

 That the Committee have the power to sit during sittings and adjournments of the House;

That the Committee have the power to report from time to time, to send for persons, papers and records, and to print such papers and evidence as may be ordered by the Committee;

That the Committee have the power to retain the services of expert, professional, technical and clerical staff, including legal counsel;

That the quorum of the Committee be eight Members whenever a vote, resolution or other decision is taken, so long as both Houses and all officially recognized parties are represented, and that the Joint Chairpersons be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six Members are present, so long as both Houses and all officially recognized parties are represented;

That the Committee have the power to appoint, from among its Members such sub-committees as may be deemed appropriate and to delegate to such sub-committees, all or any of its powers, except the power to report to the Senate and House of Commons;

That the Committee have the power to adjourn from place to place within and outside Canada;

That the Committee have the power to authorize television and radio broadcasting of any or all of its proceedings;

That the Committee make its final report no later than February 26, 2016; and

That a Message be sent to the Senate requesting that House to unite with this House for the above purpose and to select, if the Senate deems advisable, Members to act on the proposed Special Joint Committee.

ATTEST

Marc Bosc

Acting Clerk of the House of Commons

With leave of the Senate,

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

That a special joint committee of the Senate and the House of Commons be appointed to review the report of the External Panel on Options for a Legislative Response to Carter v. Canada and other recent relevant consultation activities and studies, to consult with Canadians, experts and stakeholders, and make recommendations on the framework of a federal response on physician-assisted dying that respects the Constitution, the Charter of Rights and Freedoms, and the priorities of Canadians;

That five members of the Senate and ten members of the House of Commons be members of the committee with two chairpersons of which the House joint-chair shall be from the governing party and the Senate joint-chair from the Official Opposition party; and, that one additional member of the third party in the House of Commons be a member of the committee without voting privileges;

That, notwithstanding rule 12-2 of the Rules of the Senate, the Honourable Senators Cowan, Joyal, P.C., Nancy Ruth, Ogilvie and Seidman be appointed to serve on the committee;

That the House of Commons membership be determined by the whip of each party by depositing with the Clerk of the House a list of his or her party’s members of the committee no later than five sitting days after the adoption of this motion;

That changes in membership of the committee on the part of the Senate be made in accordance with rule 12-5 of the Rules of the Senate;

That changes in the membership of the committee, on the part of the House of Commons, be effective immediately after a notification signed by the member acting as the chief Whip of any recognized party has been filed with the clerk of the committee;

That the committee be directed to consult broadly, take into consideration consultations that have been undertaken on the issue, examine relevant research studies and literature and review models being used or developed in other jurisdictions;

That the committee have the power to sit during sittings and adjournments of the Senate;

That the committee have the power to sit during sittings and adjournments of the House of Commons;

That the committee have the power to report from time to time; to examine witnesses; to send for persons, papers and records, and to print such papers and evidence as may be ordered by the committee;

That the committee have the power to retain the services of expert, professional, technical and clerical staff, including legal counsel;

That the quorum of the committee be eight members whenever a vote, resolution or other decision is taken, so long as both Houses and all officially recognized parties are represented, and that the joint chairs be authorized to hold meetings, to receive evidence and authorize the printing thereof, whenever six members are present, so long as both Houses and all officially recognized parties are represented;

That the committee have the power to appoint, from among its members such sub-committees as may be deemed appropriate and to delegate to such sub-committees, all or any of its powers, except the power to report to the Senate and House of Commons;

That the committee have the power to adjourn from place to place within and outside Canada;

That the committee have the power to authorize television and radio broadcasting of any or all of its proceedings;

That the committee make its final report no later than February 26, 2016; and

That a message be sent to the House of Commons to acquaint that House accordingly.

After debate,

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


With leave,

The Senate reverted to Notices of Motions.

With leave of the Senate,

The Honourable Senator Housakos moved, seconded by the Honourable Senator Dagenais:

That, in accordance with section 2.9 of the Members of Parliament Retiring Allowances Act, the entitlement to accrue pensionable service for Senator Wallin be reinstated as of August 3, 2015.

After debate,

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

o o o

With leave of the Senate,

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

That when the Senate adjourns today, it do stand adjourned until Tuesday, January 26, 2016 at 2 p.m.

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 2:04 p.m., the Senate was continued until Tuesday, January 26, 2016, at 2 p.m.)

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

Actuarial Report on the Employment Insurance Premium Rate, together with the Summary, for the year 2016, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, s. 66.31(1).—Sessional Paper No. 1/42-30.