Journals of the Senate
61 Elizabeth II, A.D. 2012, Canada
Journals of the Senate
1st Session, 41st Parliament
Issue 128
Monday, December 10, 2012
6:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Bellemare, Boisvenu, Braley, Brazeau, Brown, Buth, Callbeck, Campbell, Carignan, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Housakos, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Mahovlich, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Stratton, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, 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 Ogilvie presented the following:
Monday, December 10, 2012
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SEVENTEENTH REPORT
Your committee, to which was referred 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, has, in obedience to the order of reference of Tuesday, December 4, 2012, examined the said bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
KELVIN K. OGILVIE
Chair
Observations to the Seventeenth Report of the Standing Senate Committee on Social Affairs, Science and Technology
Your committee welcomes Bill C-44 and finds that its provisions substantially achieve the objective of helping families in need by providing benefits to parents who have a critically ill child or a child that has been missing or murdered as the result of a crime.
However, your committee heard that parents grieving the loss of a child should be permitted the same timeframe to return to work regardless of whether that loss was the result of illness or a criminal act. Your committee notes that parents would be required to return to work 14 days after the day on which a child is found following their disappearance but parents of a child who has passed away as a result of a critical illness would be required to return to work at the end of the week during which the child died. Your committee acknowledges that bereavement leave is offered by many employers but notes that not all employers offer this type of leave. Consequently, your committee suggests that the leave be harmonized for all parents who have suffered the loss of a child regardless of whether it was result of a crime or because of illness.
In addition, your committee notes the testimony of the Office of the Federal Ombudsman for Victims of Crime that consideration should be given in the future to expand the grant offered to parents who have lost a child as a result of a crime to additional family members, such as a spouse, an adult child, or other siblings.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Demers 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 Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented its eighteenth report (Bill C-300, An Act respecting a Federal Framework for Suicide Prevention, without amendment).
The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Braley, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Mercer tabled the following:
Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting the Bilateral Visit to New Delhi, Amritsar, Mumbai and Chennai, India, from February 17 to 26, 2012.—Sessional Paper No. 1/41-1401.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Second reading of Bill C-45, A second Act to implement certain provisions of the budget tabled in Parliament on March 29, 2012 and other measures.
The Honourable Senator Buth moved, seconded by the Honourable Senator Unger, 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.
The Honourable Senator Buth moved, seconded by the Honourable Senator Doyle, that the bill be referred to the Standing Senate Committee on National Finance.
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 with a Bill C-50, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2013, 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 Marshall, 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.
Bills — Third Reading
Order No. 2 was called and postponed until the next sitting.
Third reading of Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations.
The Honourable Senator Frum moved, seconded by the Honourable Senator Fortin-Duplessis, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Boisvenu, Braley, Brown, Buth, Carignan, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Ngo, Ogilvie, Oliver, Patterson, Plett, Poirier, Raine, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tkachuk, Unger, Verner, Wallace, Wallin, White—49
NAYS
The Honourable Senators
Callbeck, Campbell, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fraser, Furey, Harb, Jaffer, Mahovlich, Mercer, Mitchell, Munson, Ringuette, Robichaud, Smith (Cobourg), Zimmer—23
ABSTENTIONS
The Honourable Senators
Nil
Accordingly, Bill S-12 was read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
Bills — Second Reading
Orders No. 2 and 1 were called and postponed until the next sitting.
Motions
The Honourable Senator Wallace moved, seconded by the Honourable Senator Mockler:
That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the following Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:
1. Agricultural Marketing Programs Act, S.C. 1997, c. 20:
-sections 44 and 45;
2. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:
-sections 1(1) and (3), 2 to 5, 6(1) and (2), 7, 9, 10, 13 to 16, 18 to 23, 24(2) and (3), and 26 to 28;
3. An Act to implement the Agreement on Internal Trade, S.C. 1996, c. 17:
-sections 17 and 18;
4. Budget Implementation Act, 1998, S.C. 1998, c. 21:
-sections 131 and 132;
5. Canada Grain Act, R.S.C 1985, c. G-10:
-paragraphs (d) and (e) of the definition "elevator'' in section 2, and subsections 55(2) and (3);
6. Canada Marine Act, S.C. 1998, c. 10:
-sections 140, 178, 185 and 201;
7. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;
8. Contraventions Act, S.C. 1992, c. 47:
-sections 8(1)(d), 9, 10, 12 to 16, 17(1) to (3), 18, 19, 21(1), 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 with respect to sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16 of the Schedule, and section 85;
9. Firearms Act, S.C. 1995, c. 39:
-paragraph 24(2)(d), sections 39, 42 to 46, 48 and 53;
10. Marine Liability Act, S.C. 2001, c. 6:
-section 45;
11. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:
-sections 89, 90, 107(1) and (3), and 109;
12. Preclearance Act, S.C. 1999, c. 20:
-section 37;
13. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:
-sections 155, 157, 158, and 161(1) and (4);
14. Yukon Act, S.C. 2002, c. 7:
-sections 70 to 75, 77, 117(2), 167, 168, 210, 211, 221, 227, 233 and 283.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Jaffer, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Orders No. 1 to 5 were called and postponed until the next sitting.
Inquiries
Resuming debate on the inquiry of the Honourable Senator Carignan, calling the attention of the Senate to the budget entitled, Economic Action Plan 2012: Jobs, Growth, and Long-Term Prosperity, tabled in the House of Commons on March 29, 2012, by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on April 2, 2012.
Debate concluded.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Senate 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 5 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 8 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 128, 75 and 109 were called and postponed until the next sitting.
Inquiries
Orders No. 3, 56, 62, 19, 44, 37, 18, 45, 59, 35, 9, 58, 50, 22 and 40 were called and postponed until the next sitting.
Order No. 48 was called and, pursuant to rule 4-15(2), dropped from the Order Paper.
INQUIRIES
The Honourable Senator Oliver called the attention of the Senate to the state of diversity in the Senate of Canada and its administration and, in particular, to how we can address the barriers facing the advancement of visible minorities in the Senate workforce and increase their representation by focusing on hiring, retention and promotion.
After debate,
The Honourable Senator Oliver moved, seconded by the Honourable Senator Comeau, 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):
Debt Management Report for the fiscal year ended March 31, 2012, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 49(1).—Sessional Paper No. 1/41-1398.
Report on the administration of the Species at Risk Act for the year 2011, pursuant to the Act, S.C. 2002, c. 29, s. 126.—Sessional Paper No. 1/41-1399.
Report of the 2011 Centennial Flame Research Award, pursuant to the Centennial Flame Research Award Act, S.C. 1991, c. 17, sbs. 7(1).—Sessional Paper No. 1/41-1400.
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 9:39 p.m. the Senate was continued until tomorrow at 2 p.m.)