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61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate

1st Session, 41st Parliament

Issue 99

Thursday, June 28, 2012
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

The Members convened were:

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Baker, Boisvenu, Braley, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cordy, Cowan, Dagenais, Dallaire, Dawson, De Bané, Di Nino, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Fairbairn, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Peterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), St. Germain, Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer

The Members in attendance to business were:

The Honourable Senators

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

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

June 28, 2012

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 28^th day of June, 2012, at 2:00 p.m., for the purpose of giving Royal Assent to certain bills of law.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable
The Speaker of the Senate
Ottawa

_________

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

SENATORS' STATEMENTS

Some Honourable Senators made statements.

_________

Pursuant to rule 134(8), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The Senate adjourned during pleasure to await the arrival of His Excellency the Governor General.

After awhile, His Excellency the Governor General, having come and being 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 that they attend him immediately in the Senate Chamber.''

The House of Commons being come,

One of the Clerks at the Table then read the title of the bills to be assented to as follows:

An Act to amend the Criminal Code (citizen's arrest and the defences of property and persons) (Bill C-26, Chapter 9, 2012)

An Act respecting the National Flag of Canada (Bill C-288, Chapter 12, 2012)

An Act respecting a day to increase public awareness about epilepsy (Bill C-278, Chapter 13, 2012)

An Act to amend the Importation of Intoxicating Liquors Act (interprovincial importation of wine for personal use) (Bill C-311, Chapter 14, 2012)

An Act to amend the Criminal Code (trafficking in persons) (Bill C-310, Chapter 15, 2012)

An Act relating to pooled registered pension plans and making related amendments to other Acts (Bill C-25, Chapter 16, 2012)

An Act to amend the Immigration and Refugee Protection Act, the Balanced Refugee Reform Act, the Marine Transportation Security Act and the Department of Citizenship and Immigration Act (Bill C-31, Chapter 17, 2012)

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:

''In Her Majesty's name, His Excellency the Governor General doth assent to these Bills.''

2:09 p.m.

The Speaker of the House of Commons addressed His Excellency the Governor General 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 Bills:

An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013 (Bill C-40, Chapter 10, 2012)

An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013 (Bill C-41, Chapter 11, 2012)

To which Bills I humbly request Your Excellency's Assent.''

After one of the Clerks at the Table read the title of these Bills.

To these Bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:

''In Her Majesty's name, His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these Bills.''

2:12 p.m.

The Commons withdrew.

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

—————

At 2:13 p.m., the sitting resumed.

DAILY ROUTINE OF BUSINESS

Tabling of Documents

The Honourable Senator Carignan tabled the following:

Government Response to the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology entitled: Opening the Door: Reducing Barriers to Post-Secondary Education in Canada, deposited with the Clerk of the Senate on December 22, 2011.—Sessional Paper No. 1/41-1013S.
(Pursuant to rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Social Affairs, Science and Technology)

Reports of the Department of Justice Canada for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2). —Sessional Paper No. 1/41-1014.

Reports of the Public Prosecution Service of Canada for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 1015.

Reports of the Canadian Human Rights Commission for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41- 1016.

Reports of the Canadian Human Rights Tribunal for the fiscal year ended March 31, 2012, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/41-1017.

Government Response, dated June 27, 2012, to the third report of Standing Senate Committee on Human Rights entitled: The Sexual Exploitation of Children in Canada: The Need for National Action, tabled in the Senate on November 23, 2011.—Sessional Paper No. 1/41-1018S.
(Pursuant to rule 131(4), the report and the response were deemed referred to the Standing Senate Committee on Human Rights)

Presentation of Reports from Standing or Special Committees

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented its sixth report (Bill C-23, An Act to implement the Free Trade Agreement between Canada and the Hashemite Kingdom of Jordan, the Agreement on the Environment between Canada and the Hashemite Kingdom of Jordan and the Agreement on Labour Cooperation between Canada and the Hashemite Kingdom of Jordan, without amendment).

The Honourable Senator Nolin moved, seconded by the Honourable Senator Andreychuk, 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 of Bill C-11, An Act to amend the Copyright Act.

The Honourable Senator Greene moved, seconded by the Honourable Senator MacDonald, that the bill be read the third time.

After debate,

In amendment, the Honourable Senator Moore moved, seconded by the Honourable Senator Dawson, that Bill C- 11 be not now read a third time, but that it be amended

(a) in clause 27, on page 23,

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

''convenient time.'',

(ii) by deleting lines 33 to 37, and

(iii) by replacing line 41 with the following:

''students who are enrolled in the course to which the lesson relates;'';

(b) by relettering paragraphs 30.01(6)(b) to (d) on pages 23 and 24 as paragraphs 30.01(6)(a) to (c) and changing all related cross-references accordingly;

(c) in clause 34, on page 36, by replacing line 26 with the following:

''tained and may not subsequently reproduce the same sound recording, or performer's performance or work embodied in the sound recording, unless the copyright owner authorizes further reproductions to be made.''; and

(d) in clause 47,

(i) on page 45,

(A) by replacing line 17 with the following:

''the technological protection measure, for any infringing purpose, unless'', and

(B) by replacing line 25 with the following:

''measure for any infringing purpose.'',

(ii) on page 51, by replacing lines 33 to 35 with the following:

''subsection.'', and

(iii) on page 58, by replacing lines 10 and 11 with the following:

''regulation, increase or decrease the maximum amount of statutory damages set''.

The Honourable Senator Dawson moved, seconded by the Honourable Senator Dallaire, that further debate on the motion in amendment be adjourned until the next sitting.

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

Motions

The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:

That, pursuant to rule 39, not more than a further six hours of debate be allocated for consideration at third reading stage of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures;

That when debate comes to an end or when the time provided for the debate has expired, the Speaker shall interrupt, if required, any proceedings then before the Senate and put forthwith and successively every question necessary to dispose of the third reading stage of the said Bill; and

That any recorded vote or votes on the said question shall be taken in accordance with rule 39(4).

After debate,

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

YEAS

The Honourable Senators

Andreychuk, Angus, Ataullahjan, Boisvenu, Brown, Buth, Carignan, Comeau, Dagenais, Di Nino, Doyle, Duffy, Eaton, Finley, Fortin-Duplessis, Frum, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Meredith, Mockler, Nancy Ruth, Nolin, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), St. Germain, Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, White—51

NAYS

The Honourable Senators

Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fairbairn, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Peterson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—31

ABSTENTIONS

The Honourable Senators

Nil

Bills

Resuming debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Doyle, for the third reading of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures;

And on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator Cordy, that Bill C-38 be not now read a third time but that it be amended

(a) on pages 306 to 311, by deleting clause 447;

(b) in clause 608, on page 373, by replacing line 1 with the following:

''(k.1) subject to section 54.1, establishing criteria for defining or'';

(c) on page 373, by adding after line 21 the following:

''608.1 The Act is amended by adding the following after section 54:

54.1 (1) Before a regulation is made under paragraph 54(k.1), the Minister shall cause the proposed regulation to be laid before each House of Parliament.

(2) The proposed regulation shall be laid before each House of Parliament on the same day.

(3) A proposed regulation that is laid before a House of Parliament shall, on the day it is laid, be referred to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed regulation and report its findings to that House.

(4) A regulation may not be made under paragraph 54(k.1) before the earlier of

(a) 30 sitting days after the proposed regulation is laid before the Houses of Parliament; and

(b) the day after the appropriate committee of each House has reported its findings with respect to the proposed regulation.

(5) The Minister shall take into account any report of the committee of either House and, if a regulation does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.

(6) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.

(7) A regulation may be made under paragraph 54(k.1) without being laid before either House of Parliament if the Minister is of the opinion that the changes made by the regulation to an existing regulation are so immaterial or insubstantial that subsections (1) to (6) should not apply in the circumstances.

(8) If the regulation is made without being laid before the Houses of Parliament, the Minister shall cause to be laid before each House a statement of the Minister's reasons.

(9) For the purpose of this section, ''sitting day'' means a day on which either House of Parliament sits.''; and

(d) in clause 703, on page 402, by adding after line 36 the following:

''(1.1) Before an instruction is given under subsection (1), the Minister shall cause the proposed instruction to be laid before each House of Parliament.

(1.2) The proposed instruction shall be laid before each House of Parliament on the same day.

(1.3) A proposed instruction that is laid before a House of Parliament shall, on the day it is laid, be referred to an appropriate committee of that House, as determined by the rules of that House, and the committee may conduct inquiries or public hearings with respect to the proposed instruction and report its findings to that House.

(1.4) An instruction may not be given under subsection (1) before the earlier of

(a) 30 sitting days after the proposed instruction is laid before the Houses of Parliament; and

(b) the day after the appropriate committee of each House has reported its findings with respect to the proposed instruction.

(1.5) The Minister shall take into account any report of the committee of either House and, if an instruction does not incorporate a recommendation of the committee of either House, the Minister shall cause to be laid before that House a statement of the reasons for not incorporating it.

(1.6) A proposed instruction that has been laid before Parliament need not again be so laid prior to the giving of the instruction, whether it has been altered or not.

(1.7) An instruction may be given under subsection (1) without being laid before either House of Parliament if the Minister is of the opinion that the changes made by the instruction to an existing instruction are so immaterial or insubstantial that subsections (1.1) to (1.6) should not apply in the circumstances.

(1.8) If the instruction is given without being laid before the Houses of Parliament, the Minister shall cause to be laid before each House a statement of the Minister's reasons.

(1.9) For the purpose of this section, ''sitting day'' means a day on which either House of Parliament sits.'';

(e) on page 150, in clause 133, by replacing line 21 with the following:

'' the fish as food or for subsistence or earning a moderate livelihood or for social'';

(f) on page 151, in clause 133, by replacing line 5 with the following:

''to fish includes any permanent or recurring'';

(g) on pages 340 and 341, by deleting clause 525;

(h) on page 369, by deleting clause 602; and

(i) on page 395, in clause 682, by replacing line 8 with the following:

''or a veteran's spouse, common-law partner or survivor if the veteran or the veteran's spouse, common-law partner or survivor meets''.

After debate,

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

YEAS

The Honourable Senators

Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, De Bané, Downe, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Mahovlich, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Smith (Cobourg), Tardif, Watt, Zimmer—27

NAYS

The Honourable Senators

ABSTENTIONS

The Honourable Senators

Nil

The question was then put on the motion of Honourable Senator Buth, seconded by the Honourable Senator Doyle, for the third reading of Bill C-38, An Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.

Pursuant to rule 39(4)(a), a standing vote was deferred until 5:30 p.m. tomorrow, with the bells to sound at 5:15 p.m. for fifteen minutes.

—————

Ordered, That all remaining items on the Order Paper and Notice Paper be postponed until the next sitting.

ADJOURNMENT

The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier:

That the Senate do now adjourn.

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

(Accordingly, at 10:10 p.m. the Senate was continued until tomorrow at 9 a.m.)

_________

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Nolin replaced the Honourable Senator Duffy (June 28, 2012).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Harb replaced the Honourable Senator Hubley (June 27, 2012).

Journals of the Senate

61 Elizabeth II, A.D. 2012, Canada

Journals of the Senate

1st Session, 41st Parliament

Issue 99

Thursday, June 28, 2012 1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

PRAYERS

SENATORS' STATEMENTS

ROYAL ASSENT

DAILY ROUTINE OF BUSINESS

Tabling of Documents

Presentation of Reports from Standing or Special Committees

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills

Motions

Bills

ADJOURNMENT

Changes in Membership of Committees Pursuant to Rule 85(4)

Standing Senate Committee on Agriculture and Forestry

Standing Senate Committee on Banking, Trade and Commerce

Thursday, June 28, 2012
1:30 p.m.