Journals of the Senate
1st Session, 41st Parliament
Issue 142
Tuesday, March 5, 2013
2:00 p.m.
The Honourable Donald H. Oliver, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black (Alberta), Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Mercer, Merchant, Meredith, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Wells, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black (Alberta), Braley, *Brown, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dawson, Day, De Bané, Demers, Downe, Doyle, Duffy, Dyck, Eaton, Eggleton, Enverga, *Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, *Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, *Massicotte, *McCoy, McInnis, McIntyre, Mercer, Merchant, Meredith, *Mitchell, Mockler, Moore, Munson, Nancy Ruth, *Neufeld, Ngo, Nolin, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, *Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Verner, Wallace, Wallin, Watt, Wells, 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
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Oliver, Speaker pro tempore, took the Chair, pursuant to rule 2-4(2).
SENATORS' STATEMENTS
Some Honourable Senators made statements.
Pursuant to rule 13-4(4), the Honourable Senator Chaput gave notice that she would raise a question of privilege respecting words spoken in the Senate on February 13, 2013, by the Honourable Senator Comeau, during the second reading debate on Bill S-211.
ROUTINE PROCEEDINGS
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts, 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 Tkachuk, 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.
With leave,
The Senate reverted to Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Smith, P.C. (Cobourg), presented the following:
Tuesday, March 5, 2013
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
FIFTH REPORT
Following the entry into force of the revised Rules of the Senate on September 17, 2012, your committee has, pursuant to rule 12-7(2)(a), continued to consider the Rules and now recommends as follows:
1. That rule 4-15 be amended by the addition of the new subsection (3) as follows:
"Limit on adjourning debate in own name after speech started
4-15. (3) If a Senator has started to speak on an item of Other Business on the Order Paper or any motion or inquiry on the Notice Paper, that debate can be adjourned only once in that Senator's name for the balance of time remaining.''; and
2. That all cross references in the Rules, including the lists of exceptions, be updated accordingly.
Respectfully submitted,
DAVID SMITH
Chair
The Honourable Senator Smith, P.C. (Cobourg), moved, seconded by the Honourable Senator De Bané, P.C., that the report be placed on the Orders of the Day for consideration at the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Introduction and First Reading of Government Bills
The Honourable Senator Carignan introduced a Bill S-16, An Act to amend the Criminal Code (trafficking in contraband tobacco).
The bill was read the first time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Tkachuk, 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.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 4-10(2), the Honourable Senator Carignan, tabled the following:
Reply to Question No. 11, dated June 14, 2011, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting priority hiring for Canadian Forces veterans.—Sessional Paper No. 1/41- 1501S.
Reply to Question No. 43, dated March 28, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the Veterans Ombudsman. —Sessional Paper No. 1/41-1502S.
Reply to Question No. 55, dated October 16, 2012, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting priority hiring for Canadian Forces veterans.—Sessional Paper No. 1/41- 1503S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill S-13, An Act to amend the Coastal Fisheries Protection Act.
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Greene, that the bill be read the third time.
After debate,
The Honourable Senator Hubley moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Raine, for the second reading of Bill C-37, An Act to amend the Criminal Code.
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 Carignan moved, seconded by the Honourable Senator Marshall, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Commons Public Bills — Third Reading
Third reading of Bill C-370, An Act to amend the Canada National Parks Act (St. Lawrence Islands National Park of Canada).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Braley, that the bill be read the third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Orders No. 2 to 4 were called and postponed until the next sitting.
Senate Public Bills — Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 4 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator St. Germain, P.C., for the second reading of Bill C-321, An Act to amend the Canada Post Corporation Act (library materials).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Nolin, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Orders No. 1 to 4 were called and postponed until the next sitting.
Motions
Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Comeau:
That this case of privilege, relating to the actions of the Parliamentary Budget Officer, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for consideration, in particular with respect to the consequences for the Senate, for the Senate Speaker, for the Parliament of Canada and for the country's international relations; and
That the committee present its final report to the Senate no later than March 31, 2013.
After debate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Johnson, that the motion be amended by deleting all words following the words "international relations''.
The question being put on the motion in amendment, it was adopted.
The Senate resumed debate on the motion, as amended, of the Honourable Senator Cools, seconded by the Honourable Senator Comeau:
That this case of privilege, relating to the actions of the Parliamentary Budget Officer, be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament for consideration, in particular with respect to the consequences for the Senate, for the Senate Speaker, for the Parliament of Canada and for the country's international relations.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion, as amended, be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Resuming debate on the motion, as amended, of the Honourable Senator Comeau, seconded by the Honourable Senator Di Nino:
That the Standing Committee on Rules, Procedures and the Rights of Parliament be authorized to examine and report on the powers and responsibilities of the officers of parliament, and their reporting relationships to the two houses; and
That the committee present its final report no later than March 31, 2014.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Tardif, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 128 was called and postponed until the next sitting.
Inquiries
Orders No. 57 and 62 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Runciman calling the attention of the Senate to the need for improved mental health treatment for inmates, especially female inmates, in federal correctional institutions and the viability of providing such treatment through alternative service delivery options.
Debate concluded.
Order No. 22 was called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Callbeck, calling the attention of the Senate to the inequities of the Old Age Security Allowance for unattached, low-income seniors aged 60-64 years.
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 44, 35, 59, 45, 9, 18, 60, 50, 40, 3 and 56 were called and postponed until the next sitting.
QUESTION OF PRIVILEGE
Pursuant to rule 13-6(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator Chaput, respecting words spoken in the Senate on February 13, 2013, by the Honourable Senator Comeau, during the second reading debate on Bill S-211.
After debate,
The Speaker Pro tempore reserved his decision.
MOTIONS
The Honourable Senator Dawson moved, seconded by the Honourable Senator Moore:
That, notwithstanding the Order of the Senate adopted on June 15, 2011, on March 27, 2012, and on November 1, 2012, the date for the presentation of the final report by the Standing Senate Committee on Transport and Communications on emerging issues related to the Canadian airline industry be extended from March 28, 2013 to April 30, 2013.
The question being put on the motion, it was adopted.
The Honourable Senator Manning moved, seconded by the Honourable Senator Marshall:
That the Standing Senate Committee on Fisheries and Oceans be authorized to examine and report on the regulation of aquaculture in Canada and future prospects for the industry; and
That the committee report from time to time to the Senate but no later than June 30, 2014, and that the committee retain all powers necessary to publicize its findings until October 31, 2014.
The question being put on the motion, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report of operations under the Export and Import Permits Act for the year 2011, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27. —Sessional Paper No. 1/41-1499
Report of the Canadian Intellectual Property Office for the fiscal year ended March 31, 2012, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26.—Sessional Paper No. 1/41-1500
ADJOURNMENT
The Honourable Senator Carignan 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 4:58 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Johnson replaced the Honourable Senator Ogilvie (March 4, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Nolin replaced the Honourable Senator Wells (March 4, 2013).
The Honourable Senator Johnson replaced the Honourable Senator Lang (March 4, 2013).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Watt replaced the Honourable Senator Baker, P.C. (February 28, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator Boisvenu replaced the Honourable Senator Lang (March 4, 2013).
Standing Senate Committee on Official Languages
The Honourable Senator Rivard replaced the Honourable Senator Fortin-Duplessis (March 4, 2013).
The Honourable Senator Mockler replaced the Honourable Senator Buth (March 4, 2013).
The Honourable Senator Buth replaced the Honourable Senator Mockler (March 4, 2013).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Wells replaced the Honourable Senator Martin (March 5, 2013).