Journals of the Senate
1st Session, 41st Parliament
Issue 160
Tuesday, May 7, 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, Doyle, Duffy, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, 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, 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, Doyle, Duffy, Eaton, Eggleton, Enverga, Finley, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Harb, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, 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, 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
Pursuant to rule 13-4(4), the Honourable Senator Cowan gave notice that he would raise a question of privilege concerning the pressure being exerted on individuals not to testify before the Senate Standing Committee on National Defence and Security on its study of Bill C-42, as reported in the media yesterday evening.
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Standing or Special Committees
The Honourable Senator Dawson, Chair of the Standing Senate Committee on Transport and Communications, tabled its tenth report (study on Canadian Broadcasting Corporation — Radio-Canada International).—Sessional Paper No. 1/41-1609S.
The Honourable Senator Lang presented the following:
Tuesday, May 7, 2013
The Standing Senate Committee on National Security and Defence has the honour to present its
THIRTEENTH REPORT
Your committee, which was referred Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, in obedience to the order of reference of Thursday, April 18, 2013, examined the said bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report.
Respectfully submitted,
DANIEL LANG
Chair
Observations to the Thirteenth Report of the Standing Senate Committee on National Security and Defence
Your committee believes that C-42 will help transform the RCMP into a modern, accountable police force and as such, is supportive of the measures contained in Bill C-42. We do, however, wish to make a few observations.
Your committee feels that cultural transformation in the RCMP is necessary, which requires not only the legislative tools and authorities found in Bill C-42, but strong leadership, clear lines of accountability, guidance, ongoing education, and greater transparency.
To ensure that the policy intentions of Bill C-42 are achieved, your committee requests that a study and review of the implementation of Bill C-42, by the appropriate committees of the Senate and the House of Commons, take place three years after the Bill comes into effect.
Your committee would also urge Treasury Board to consider all aspects of conversion before any actions are taken to convert civilian RCMP members to public service employees, as set out in Section 86 of Bill C-42. The committee recommends that the principle of fairness and vesting of existing rights of current employees guide the Government's decisions in this matter.
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld, 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 De Bané, P.C., tabled the following:
Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the Meeting of the Parliamentary Affairs Committee of the APF, held in Balaclava, Mauritius, from March 14 to 16, 2013.—Sessional Paper No. 1/41-1610.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill S-17, An Act to implement conventions, protocols, agreements and a supplementary convention, concluded between Canada and Namibia, Serbia, Poland, Hong Kong, Luxembourg and Switzerland, for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes.
The Honourable Senator Greene moved, seconded by the Honourable Senator Nancy Ruth, 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 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
Second reading of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts.
The Honourable Senator White moved, seconded by the Honourable Senator Demers, that the bill be read the second time.
After debate,
The Honourable Senator Dallaire 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.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Fortin- Duplessis, for the adoption of the tenth report of the Standing Senate Committee on Agriculture and Forestry (Canadian Food Inspection Agency's User Fee Proposal for Importer Licensing for Non-federally Registered Sector Products, without amendment), tabled in the Senate on March 21, 2013.
After debate,
The Honourable Senator Tardif 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.
Order No. 2 was 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
Orders No. 1 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
Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Rivard, for the second reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS—POUR
The Honourable Senators—Les honorables sénateurs
Andreychuk, Ataullahjan, Batters, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Finley, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Neufeld, Ngo, Ogilvie, Oh, Oliver, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wallin, Wells—55
NAYS—CONTRE
The Honourable Senators—Les honorables sénateurs
Baker, Callbeck, Campbell, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dallaire, Dawson, Day, De Bané, Downe, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Lovelace Nicholas, Massicotte, Mercer, Merchant, Mitchell, Moore, Munson, Ringuette, Rivest, Sibbeston, Smith (Cobourg), Tardif, Zimmer—35
ABSTENTIONS
The Honourable Senators—Les honorables sénateurs
Nancy Ruth, Nolin, Segal—3
Accordingly, Bill C-377 was read the second time.
The Honourable Senator Carignan moved, seconded by the Honourable Senator Poirier, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5:30 p.m. on Tuesday, May 7, 2013, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
Commons Public Bills — Second Reading
Orders No. 2 to 4 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.
Consideration of the eighth report of the Standing Senate Committee on Transport and Communications, entitled: One Size Doesn't Fit All: The Future Growth and Competitiveness of Canadian Air Travel, tabled in the Senate on April 17, 2013.
The Honourable Senator Dawson moved, seconded by the Honourable Senator Dallaire:
That the report be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government, with the Minister of Transport, Infrastructure and Communities being identified as minister responsible for responding to the report.
The question being put on the motion, it was adopted.
Orders No. 4 to 6 were called and postponed until the next sitting.
Motions
Orders No. 144, 161, 158, 128, 143, 147 and 75 were called and postponed until the next sitting.
Inquiries
Orders No. 22, 67, 59, 57, 35, 45, 40, 9, 18, 60, 50, 3, 66, 62, 56 and 19 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 Cowan concerning the pressure being exerted on individuals not to testify before the Senate Standing Committee on National Defence and Security on its study of Bill C-42, as reported in the media yesterday evening.
After debate,
The Speaker reserved his decision.
INQUIRIES
The Honourable Senator Mitchell called the attention of the Senate to the need for an assessment of the impacts of cutting federal funding to the Experimental Lakes Area.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Day, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Mitchell called the attention of the Senate to the work of Child, Family and Adolescent Mental Health and its need for ongoing support and infrastructure.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Day, 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):
Report of the Clerk of the Privy Council and Secretary to the Cabinet to the Prime Minister on the Public Service of Canada for the fiscal year ended March 31, 2013, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 127.—Sessional Paper No. 1/41-1598.
Report on Northern oil and gas for the year ended December 31, 2012, pursuant to the Canada Petroleum Resources Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109. —Sessional Paper No. 1/41-1599.
Report of the Canada Mortgage and Housing Corporation, together with the Auditor General's Report, for the year ended December 31, 2012, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-1600.
Report of Operations under the International River Improvements Act for the year 2012, pursuant to the Act, R.S.C. 1985, c. I-20, s. 51.—Sessional Paper No. 1/41-1601.
Amendments to the Management Plan for Fort Langley National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/41-1602.
Amendments to the Management Plan for Fort Walsh and Cypress Hills Massacre National Historic Site of Canada, pursuant to the Parks Canada Agency Act, S.C. 1998, c. 31, sbs. 32(2).—Sessional Paper No. 1/41-1603.
Report of the Military Police Complaints Commission for the year 2012, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17.—Sessional Paper No. 1/41-1604.
Report of the Canadian Forces Grievance Board for the year 2012, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2).—Sessional Paper No. 1/41-1605.
Report of the National Film Board, together with the Auditor General's Report, for the fiscal year ended March 31, 2012, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2). —Sessional Paper No. 1/41-1606.
Report of the Canadian Tourism Commission, together with the Auditor General's Report, for the year ended December 31, 2012, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/41-1607.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of New Brunswick, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 1/41-1608.
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 6:12 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 Baker, P.C., replaced the Honourable Senator Munson (May 6, 2013).
The Honourable Senator Enverga replaced the Honourable Senator Eaton (May 6, 2013).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Smith (Saurel) (May 6, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Johnson replaced the Honourable Senator Oh (May 7, 2013).
The Honourable Senator Wells replaced the Honourable Senator Nolin (May 6, 2013).
The Honourable Senator Rivard replaced the Honourable Senator Demers (May 6, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Maltais replaced the Honourable Senator Finley (May 7, 2013).
The Honourable Senator Mockler replaced the Honourable Senator Gerstein (May 6, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator White replaced the Honourable Senator Plett (May 6, 2013).
Standing Senate Committee on Official Languages
The Honourable Senator Dawson replaced the Honourable Senator Robichaud, P.C. (May 6, 2013).