Journals of the Senate
1st Session, 41st Parliament
Issue 157
Tuesday, April 30, 2013
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Duffy, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, 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, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, Wells, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, De Bané, Demers, Downe, Duffy, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, 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, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wallin, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable the Speaker tabled the following:
The 2013 Spring Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5), together with an Addendum containing copies of Environmental Petitions received between July 1 and December 31, 2012.—Sessional Paper No. 1/41-1582.
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Ogilvie presented the following:
Tuesday, April 30, 2013
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
TWENTY-THIRD REPORT
Your committee, to which was referred Bill S-202, An Act to establish and maintain a national registry of medical devices, has, in obedience to the order of reference of Wednesday, November 2, 2011, examined the said bill and now reports as follows:
Your committee recommends that this bill not be proceeded with further in the Senate for the reasons that follow.
Your committee has heard that Health Canada currently has the necessary authorities in place to adequately regulate medical devices through the Medical Devices Regulations under the Food and Drugs Act. Also, your Committee heard that Canada's pre-market evaluation requirements are rigorous and comprehensive in comparison to regulators in other jurisdictions.
Your committee heard that the safety of medical devices in Canada is a shared responsibility. Any requirement for physicians or health care providers to maintain or provide patient information to a national registry goes beyond the federal role.
Your committee also heard that a national medical devices registry containing names and addresses of patients, as proposed in Bill S-202, would pose significant privacy concerns. While the voluntary nature of the disclosure addresses some of the privacy concerns, it would at the same time greatly limit the impact and effectiveness of the proposed registry.
Your committee believes that the implementation of Bill S-202 would represent a significant cost to the Canadian taxpayer and that those costs would outweigh the benefits of the proposed registry.
As an alternative, your committee believes that a comprehensive national integrated electronic health records system would be a more useful vehicle for capturing, maintaining and monitoring patient data, including that related to medical devices, to achieve the goals set out in Bill S-202.
Respectfully submitted,
KELVIN K. OGILVIE
Chair
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Runciman, 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.
The Honourable Senator Andreychuk, Chair of the Standing Committee on Conflict of Interest for Senators, presented its fifth report (budget—mandate pursuant to rule 12-7(16)).
(The report is printed as an appendix at pages 2202-2206 (available in print format PDF).)
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Meredith, for the third 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 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.
Bills — Reports of Committees
Consideration of the ninth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill S-15, An Act to amend the Canada National Parks Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to the Canada Shipping Act, 2001, with an amendment), presented in the Senate on April 25, 2013.
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Martin, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Martin, that the bill, as amended, 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.
Reports of Committees — Other
Orders No. 1 and 2 were called and postponed until the next sitting.
Inquiries
Order No. 4 was called and postponed until the next sitting.
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-309, An Act to amend the Criminal Code (concealment of identity).
The Honourable Senator Plett moved, seconded by the Honourable Senator Tannas, that the bill be read the third time.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 2 and 3 were 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 4 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 8 were called and postponed until the next sitting.
Motions
Resuming 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;
And on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Cowan, that the question be referred to a Committee of the Whole for consideration.
After debate,
The Honourable Senator Comeau moved, seconded by the Honourable Senator Verner, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 158, 128, 143, 147 and 75 were called and postponed until the next sitting.
Inquiries
Orders No. 59, 57, 35, 45, 40, 9, 18, 60, 50, 3, 66, 62, 56, 19 and 22 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Runciman:
That the Standing Senate Committee on Banking, Trade and Commerce be authorized to examine and report on the ability of individuals to establish a registered disability savings plan (RDSP), with particular emphasis on legal representation and the ability of individuals to enter into a contract; and
That the Committee submit its final report to the Senate 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.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the need to address the high rate of youth unemployment in Canada which has remained consistently high for more than two years.
After debate,
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Ngo, 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):
Special Report of the Office of the Correctional Investigator entitled Spirit Matters: Aboriginal People and the Corrections and Conditional Release Act, pursuant to the Corrections and Conditional Release Act, S.C. 1992, c. 20, s. 193.—Sessional Paper No. 1/41-1581.
DECLARATIONS OF PRIVATE INTERESTS
Pursuant to rule 15-7(1) of the Rules of the Senate and subsections 12(1) and 12(4) of the Conflict of Interest Code for Senators, a declaration of private interest was made as follows:
By oral declaration, in the Standing Senate Committee on Transport and Communications on Tuesday, April 16, 2013, the Honourable Senator Merchant (Study on Canadian Broadcasting Corporation — Radio Canada International).
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Nolin:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:47 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 Agriculture and Forestry
The Honourable Senator Frum replaced the Honourable Senator Plett (April 30, 2013).
The Honourable Senator Eaton replaced the Honourable Senator Black (April 26, 2013).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Smith (Saurel) (April 26, 2013).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Martin replaced the Honourable Senator Wells (April 30, 2013).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Oh (April 26, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Finley replaced the Honourable Senator Tannas (April 26, 2013).
Standing Senate Committee on Human Rights
The Honourable Senator Ataullahjan replaced the Honourable Senator Unger (April 30, 2013).
The Honourable Senator Unger replaced the Honourable Senator Boisvenu (April 29, 2013).
The Honourable Senator Boisvenu replaced the Honourable Senator Ataullahjan (April 26, 2013).
The Honourable Senator Buth replaced the Honourable Senator Andreychuk (April 26, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Charette-Poulin replaced the Honourable Senator Fraser (April 25, 2013).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator White replaced the Honourable Senator Plett (April 26, 2013).
The Honourable Senator Wells replaced the Honourable Senator Batters (April 25, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Enverga replaced the Honourable Senator Finley (April 30, 2013).
Standing Senate Committee on Official Languages
The Honourable Senator Ringuette replaced the Honourable Senator Robichaud, P.C. (April 29, 2013).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Batters was added to the membership (April 26, 2013).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Eaton replaced the Honourable Senator Tannas (April 26, 2013).
The Honourable Senator Munson replaced the Honourable Senator Harb (April 25, 2013).