Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 123
Wednesday, November 28, 2012
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Buth, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, Poirier, Raine, Ringuette, Rivest, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Buth, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, *Duffy, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Mahovlich, *Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, *Mercer, Merchant, Meredith, Mitchell, *Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oliver, Patterson, *Plett, Poirier, Raine, Ringuette, *Rivard, Rivest, *Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Watt, White, Zimmer
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
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and
Natural Resources, tabled its fifth report (Subject matter of Bill C-45 (Divisions 4, 18 and 21 of Part 4)).—Sessional
Paper No. 1/41-1384S.
(Pursuant to the order adopted on October 30, 2012, the report was deemed referred to the Standing Senate Committee on
National Finance)
With leave of the Senate,
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Marshall:
That the report, in addition to being referred to the Standing Senate Committee on National Finance, also be placed on the orders of the day for consideration at the next sitting.
The question being put on the motion, it was adopted.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-27, An Act to enhance the financial accountability and transparency of First Nations, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Nolin tabled the following:
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Spring Session, held in Tallinn, Estonia, from May 25 to 28, 2012. —Sessional Paper No. 1/41-1385.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Fortin-Duplessis, seconded by the Honourable Senator Nolin, for the third reading of Bill S-10, An Act to implement the Convention on Cluster Munitions.
After debate,
In amendment, the Honourable Senator Hubley moved, seconded by the Honourable Senator Downe, that Bill S-10 be not now read a third time but that it be amended:
(a) in clause 11,
(i) on page 6,
(A) by replacing lines 24 to 32 with the following:
"over it, if the person does not expressly request that a cluster munition, explosive submunition or explosive bomblet be involved in the carrying out of the activity;
(b) requesting the carrying out of an activity that may involve the use of a cluster munition, explosive submunition or explosive bomblet by the armed forces of that state, if the person does not expressly request that a cluster munition, explosive submunition or explosive bomblet be used and the choice of munitions used is not within the exclusive control of the Canadian Forces; or
(c) moving a cluster munition, explosive submunition or explosive bomblet from a", and
(B) by replacing lines 43 and 44 with the following:
"engaging in an activity related to the transport — other than the actual transport — of a cluster munition, explosive", and
(ii) on page 7,
(A) by replacing lines 4 to 14 with the following:
"that is not a party to the Convention, from receiving, comforting or assisting another", and
(B) by adding after line 21 the following:
"(4) No person contravenes section 6 by reason only that the person engages in military cooperation or combined military operations involving Canada and a state that is not a party to the Convention that might engage in activities prohibited under section 6.
(5) A person who is subject to the Code of Service Discipline under any of paragraphs 60(1)(a) to (g) and (j) of the National Defence Act, or who is an employee as defined in subsection 2(1) of the Public Service Employment Act, and who is directing or authorizing activities in the course of engaging in military cooperation or combined military operations involving Canada and a state that is not a party to the Convention must make their best efforts to discourage the armed forces of that state from using, or planning to use, cluster munitions, explosive submunitions or explosive bomblets, and must provide those armed forces with advice respecting the availability of alternative and effective conventional munitions.";
(b) on page 8, by adding after line 28 the following:
"INTERNATIONAL RELATIONS
16.1 (1) The Minister of National Defence must advise the government of any state that is not a party to the Convention, and with which Canada is engaged in military cooperation or combined military operations, of Canada's obligations under the Convention.
(2) Any agreement between Canada and a state that is not a party to the Convention pursuant to which a person referred to in subsection 11(1) is on attachment, exchange or secondment, or serving under similar arrangement, with the armed forces of that state, must provide that the person will not be ordered by, and will not be required to follow any order issued by, a member of those armed forces to perform an act that is prohibited by this Act.";
(c) on page 9, by adding after line 8 the following:
"17.1 (1) Every person who commits, outside Canada, an act or omission that would, if committed in Canada, be an offence under this Act, is, if the person is a Canadian citizen, a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, or a corporation incorporated under the laws of Canada or a province, deemed to have committed that act or omission in Canada.
(2) For greater certainty, section 130 of the National Defence Act applies in relation to this Act."; and
(d) on page 10, by adding after line 17 the following:
"ANNUAL REPORT
23.1 (1) Within four months of the end of each fiscal year, the Minister of Foreign Affairs, the Minister of National Defence and the Attorney General of Canada must jointly prepare a report on the implementation of the Convention and the enforcement of this Act, and the Minister of Foreign Affairs must cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the report is completed.
(2) The annual report must include a description of the progress made by the Government of Canada in relation to the following:
(a) the promotion of the norms established by the Convention;
(b) the encouragement of states that are not parties to the Convention to ratify, accept, approve or accede to the Convention;
(c) the notification of states with which Canada is engaged in military cooperation or combined military operations, but which are not parties to the Convention, of Canada's obligations under the Convention;
(d) the discouragement of states with which Canada is engaged in military cooperation or combined military operations, but which are not parties to the Convention, from using cluster munitions, explosive submunitions or explosive bomblets; and
(e) the deactivation, disposal and destruction of all cluster munitions, explosive submunitions or explosive bomblets possessed by Her Majesty in Right of Canada in a manner that protects the environment and human health.".
After debate,
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Doyle, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Ordered, That motion No. 123 standing in the name of the Honourable Senator Neufeld on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Marshall:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on the current state of the safety elements of the bulk transport of hydrocarbon products in Canada. In particular, the committee shall be authorized to:
Examine the life cycle of hydrocarbon transmission pipelines across Canada, including but not limited to pipeline design, construction, operation, spill response and abandonment;
Examine the federal and provincial/territorial roles in hydrocarbon transmission pipeline oversight, including but not limited to legislation and regulations, standards, integrity management systems, monitoring, compliance and verification activities and incident response plans;
Examine the federal and provincial/territorial roles in ensuring the safety of the movement of hydrocarbon products via marine tanker vessels, including but not limited to legislation and regulations, standards, inspection and enforcement measures, risk management systems and incident response plans;
Examine the federal and provincial/territorial roles in ensuring the safety of rail transportation of hydrocarbon products, including but not limited to legislation and regulations, standards, inspection and enforcement measures, risk managements systems and incident response plans;
Examine and compare domestic and international regulatory regimes, standards, and best practices relating to the safe transport of hydrocarbons by transmission pipelines, marine tanker vessels and railcars;
Recommend specific measures to enhance the safety elements of the bulk transport of hydrocarbon products in Canada; and
That the committee submit its final report no later than June 30, 2013 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Second reading of Bill C-44, An Act to amend the Canada Labour Code and the Employment Insurance Act and to make consequential amendments to the Income Tax Act and the Income Tax Regulations.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Seidman, that the bill be read the second time.
After debate,
The Honourable Senator Cordy moved, seconded by the Honourable Senator Eggleton, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion of the Honourable Senator MacDonald, seconded by the Honourable Senator Segal, for the second reading of Bill S-13, An Act to amend the Coastal Fisheries Protection Act.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Segal, that the bill be referred to the Standing Senate Committee on Fisheries and Oceans.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Inquiries
Order No. 3 was called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Consideration of the fifteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI), with a recommendation), presented in the Senate on November 22, 2012.
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Wallace, that the report be adopted.
Debate.
At 4 p.m., pursuant to the order adopted by the Senate on October 18, 2011, the Senate adjourned until 1:30 p.m. tomorrow.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The name of the Honourable Senator Seth was added to the membership (November 27, 2012).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Meredith replaced the Honourable Senator Maltais (November 27, 2012).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Boisvenu (November 28, 2012).
The Honourable Senator Boisvenu replaced the Honourable Senator Johnson (November 27, 2012).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Lang replaced the Honourable Senator Johnson (November 28, 2012).
Standing Senate Committee on Human Rights
The Honourable Senator Zimmer replaced the Honourable Senator Dyck (November 27, 2012).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Frum replaced the Honourable Senator Stewart Olsen (November 28, 2012).
Standing Senate Committee on National Finance
The Honourable Senator Finley replaced the Honourable Senator Unger (November 28, 2012).
The Honourable Senator Demers replaced the Honourable Senator Stratton (November 28, 2012).
The Honourable Senator Callbeck replaced the Honourable Senator Cordy (November 27, 2012).
The Honourable Senator Campbell replaced the Honourable Senator Chaput (November 27, 2012).
The Honourable Senator Stratton replaced the Honourable Senator Gerstein (November 27, 2012).
The Honourable Senator Unger replaced the Honourable Senator Housakos (November 27, 2012).
Standing Senate Committee on Official Languages
The Honourable Senator Mockler replaced the Honourable Senator Comeau (November 28, 2012).