Journals of the Senate
1st Session, 41st Parliament
Issue 174
Thursday, June 13, 2013
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, 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, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Oliver, Patterson, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, 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, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Oliver, Patterson, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of Documents
The Honourable the Speaker Pro tempore tabled the following:
Report of the Senate Ethics Officer, for the fiscal year ended March 31, 2013, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 20.7.—Sessional Paper No. 1/41-1681S.
Presenting or Tabling Reports from Committees
The Honourable Senator White, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its thirteenth report (Bill C-62, An Act to give effect to the Yale First Nation Final Agreement and to make consequential amendments to other Acts, without amendment).
The Honourable Senator White moved, seconded by the Honourable Senator Dagenais, 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 Dawson, Chair of the Standing Senate Committee on Transport and Communications, presented its eleventh report (Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), without amendment).
The Honourable Senator Dawson moved, seconded by the Honourable Senator Moore, 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 Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its eleventh report (supplementary budget—study on hydrocarbon transportation—power to travel).
(The report is printed as an appendix at pages 2659-2664 (available in print format (PDF)).)
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Comeau, 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 Gerstein presented the following:
Thursday, June 13, 2013
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
TWELFTH REPORT
Your committee, to which was referred Bill C-48, An Act to amend the Income Tax Act, the Excise Tax Act, the Federal-Provincial Fiscal Arrangements Act, the First Nations Goods and Services Tax Act and related legislation, has, in obedience to the order of reference of June 6, 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,
IRVING R. GERSTEIN
Chair
Observations to the Twelfth Report of the
Standing Senate Committee on Banking and Commerce
The volume of information and technical content has posed a major problem for the study of this important bill.
Expert witnesses in the field of taxation have emphasized the importance of passing several sections of this bill, dating back to 2001.
They unanimously recommend that the government makes these adjustments to our income tax law annually or at the very least every two years. For experts, these recommendations would better serve taxpayers and Canadian companies as they would provide clarification and reduce costs for implementation.
Therefore, the committee suggests that the responsible Minister for these technical amendments legislate more quickly and frequently.
Secondly, experts in the Canadian tax regime such as lawyers, accountants, amongst others, have suggested to our committee that the entire income tax law should be simplified. According to these experts, much of the law can be simplified in a relatively short time, always with the objective of making it more efficient and accessible to taxpayers. Some have suggested a simple task force, others have recommended a Royal Commission of Inquiry.
The committee suggests that the Minister consider the possibility of undertaking this effort to simplify in the most efficient manner and according to the wishes of the majority stakeholders.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Runciman, 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 Gerstein presented the following:
Thursday, June 13, 2013
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
THIRTEENTH REPORT
Your committee, to which was referred Bill C-377, An Act to amend the Income Tax (requirements for labour organizations), has, in obedience to the order of reference of May 7, 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,
IRVING R. GERSTEIN
Chair
Observations to the Thirteenth Report of the
Standing Senate Committee on Banking, Trade and Commerce
While the committee is reporting Bill C-377 without amendment, it wishes to observe that after three weeks of study — hearing from forty-four witnesses and receiving numerous submissions from governments, labour unions, academics, professional associations and others — the vast majority of testimony and submissions raised serious concerns about this legislation.
Principle among these concerns was the constitutional validity of the legislation both with respect to the division of powers and the Charter. Other issues raised include the protection of personal information, the cost and need for greater transparency, and the vagueness as to whom this legislation would apply.
The committee shares these concerns.
The committee did not offer any amendments because these substantial issues are best debated by the Senate as a whole.
The Honourable Senator Gerstein 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, on division.
Introduction and First Reading of Senate Public Bills
The Honourable Senator De Bané, P.C., introduced a Bill S-220, An Act to amend the Broadcasting Act (directives to the Canadian Broadcasting Corporation).
The bill was read the first time.
The Honourable Senator De Bané, P.C., moved, seconded by the Honourable Senator Fraser, 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.
The Honourable Senator Jaffer introduced a Bill S-221, An Act to amend the Criminal Code (exception to mandatory minimum sentences for manslaughter and criminal negligence causing death).
The bill was read the first time.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Hubley, 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.
The Honourable Senator Day introduced a Bill S-222, An Act to amend the Conflict of Interest Act (gifts).
The bill was read the first time.
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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 Maltais tabled the following:
Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the 12th Winter Meeting of the OSCE PA, held in Vienna, Austria, on February 21 and 22, 2013.—Sessional Paper No. 1/41-1682.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Doyle, for the third reading of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts;
And on the motion in amendment of the Honourable Senator Dallaire, seconded by the Honourable Senator Moore, that Bill C-15 be not now read a third time, but that it be amended,
(a) in clause 4, on page 4,
(i) by replacing lines 11 to 13 with the following:
"(3) The Vice Chief of the Defence Staff may, in exceptional circumstances, issue instructions or guidelines in writing in respect of a particular investigation if the Vice Chief of the Defence Staff considers that operational exigencies so require, and shall include reasons in writing for issuing the instructions or guidelines.'', and
(ii) by replacing lines 16 to 23 with the following:
"section (3), together with the reasons for having issued them, are made available to the public without delay.
(5) If the Provost Marshal considers that it would be in the best interests of the administration of justice not to make an instruction or guideline, or a part of one, and the reasons for having issued the instruction or guideline available to the public at an earlier date, the Provost Marshal may delay making the instruction or guideline, or that part of it, and the reasons available to the public until,
(a) if no charge is laid or preferred as a result of the particular investigation, the end of one year after the investigation is completed; or
(b) if a charge is laid or preferred as a result of the particular investigation,
(i) the end of one year after all proceedings related to the charge are completed and all levels of review or appeal related to the charge are exhausted, or
(ii) if the charge is withdrawn, the end of one year after the charge is withdrawn unless during that year a charge is laid or preferred as a result of the particular investigation.
(6) Nothing in this section precludes
(a) a member of the military police from making a complaint under section 250.19; or
(b) a finding, in respect of a complaint made under section 250.19, that improper interference with an investigation has occurred.'';
(b) in clause 8, on page 5, by replacing lines 27 to 32 with the following:
"of a grievance if the Chief of the Defence Staff does not act on a finding or recommendation of the Grievances Committee.''; and
(c) in clause 75, on page 49,
(i) by replacing line 7 with the following:
"89, 90, 91, 96, 97, 99, 101, 101.1,'', and
(ii) by replacing lines 11 to 15 with the following:
"(i) detention for a period not exceeding 30 days,
(ii) a severe reprimand,
(iii) a reprimand,
(iv) a fine not exceeding basic pay for one month, or
(v) a minor punishment; or''.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Campbell, Chaput, Cordy, Cowan, Dallaire, Day, Downe, Dyck, Eggleton, Fraser, Furey, Harb, Hervieux-Payette, Hubley, Jaffer, Joyal, Kenny, Lovelace Nicholas, Massicotte, Mercer, Mitchell, Moore, Munson, Ringuette, Rivest, Robichaud, Smith (Cobourg), Tardif, Watt—30
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Carignan, Champagne, Comeau, Dagenais, Demers, Doyle, Duffy, Eaton, Enverga, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Nolin, Oh, Oliver, Patterson, Plett, Poirier, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Unger, Wallace, Wells, White—54
ABSTENTIONS
The Honourable Senators
Nil
The question then being put on the motion of the Honourable Senator White, seconded by the Honourable Senator Doyle, for the third reading of Bill C-15, An Act to amend the National Defence Act and to make consequential amendments to other Acts, 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 — Second Reading
Second reading of Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 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 Smith (Saurel), that the bill be referred to the Standing Senate Committee on National Finance.
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.
Consideration of the twenty-second report of the Standing Senate Committee on National Finance (Subject matter of Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures), tabled in the Senate on June 11, 2013.
The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Motions
Order No. 67 was 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 2013: Jobs Growth and Long-term prosperity, tabled in the House of Commons on March 21, 2013 by the Minister of Finance, the Honourable James M. Flaherty, P.C., M.P., and in the Senate on March 25, 2013.
Debate concluded.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
Third reading of Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity).
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Moore, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Mitchell, that Bill C-279 be not now read a third time but that it be amended, in clause 3, on page 2, by replacing lines 26 and 27 with the following:
"ethnic origin, sex, gender identity or sexual orientation.''.
The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 3 and 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
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Hubley, for the second reading of Bill S-216, An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment).
After debate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Andreychuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 5 were called and postponed until the next sitting.
Motions
Orders No. 179, 158, 128 and 75 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Dallaire, seconded by the Honourable Senator Robichaud, P.C.:
That the Special Senate Committee on Anti-Terrorism be authorized to examine and report on the creation, role and mandate of a potential National Security Committee of Parliamentarians;
That the Special Senate Committee on Anti-Terrorism be authorized to examine and report on the role of women in the process of deradicalization in Canada and abroad; and
That the committee submit its final report to the Senate no later than December 31, 2013, and that the Committee retain all powers necessary to publicize its findings until March 31, 2014.
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Moore, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 144 and 161 were called and postponed until the next sitting.
Inquiries
Orders No. 72, 71, 57, 18, 62, 64, 65, 22, 67 and 59 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Robichaud, P.C., calling the attention of the Senate to the importance of food banks to families and the working poor.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 70, 45, 40, 9, 60, 68 and 19 were called and postponed until the next sitting.
With leave,
The Senate reverted to Notices of Motions.
With leave of the Senate,
The Honourable Senator Chaput moved, seconded by the Honourable Senator Hubley:
That the Standing Senate Committee on Official Languages have the power to sit on Monday, June 17, 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.
MOTIONS
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Robichaud, P.C.:
That the Standing Senate Committee on Social Affairs, Science, and Technology be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate the final report relating to its study on social inclusion and cohesion in Canada, before June 30, 2013, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Senate.
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Seth called the attention of the Senate to the increasing rates of blindness and vision loss in Canada and the strategies to prevent further vision loss.
After debate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Government Notices of Motions.
With leave of the Senate,
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That when the Senate adjourns today, it do stand adjourned until Monday, June 17, 2013, at 6 p.m., and that rule 3- 3(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Carignan moved, seconded by the Honourable Senator Marshall:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 5:36 p.m. the Senate was continued until Monday, June 17, 2013, at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Meredith replaced the Honourable Senator Patterson (June 12, 2013).
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Oh replaced the Honourable Senator Batters (June 12, 2013).
The Honourable Senator Batters replaced the Honourable Senator Oh (June 11, 2013).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Black replaced the Honourable Senator Oh (June 12, 2013).
Standing Senate Committee on Human Rights
The Honourable Senator Zimmer replaced the Honourable Senator Cordy (June 12, 2013).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Fraser replaced the Honourable Senator Charette-Poulin (June 12, 2013).
The Honourable Senator Charette-Poulin replaced the Honourable Senator Fraser (June 12, 2013).
The Honourable Senator Downe replaced the Honourable Senator Jaffer (June 12, 2013).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Plett replaced the Honourable Senator Frum (June 12, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Mockler replaced the Honourable Senator McInnis (June 12, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator Manning replaced the Honourable Senator Buth (June 12, 2013).
Standing Senate Committee on Transport and Communications
The Honourable Senator Housakos replaced the Honourable Senator Fortin-Duplessis (June 12, 2013).