Journals of the Senate
1st Session, 41st Parliament
Issue 179
Friday, June 21, 2013
9:00 a.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, 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, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Mercer, 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, Smith (Saurel), Stewart Olsen, Unger, Verner, Wallace, Wells, White, Zimmer
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Braley, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Comeau, Cools, Cordy, Cowan, Dagenais, Dallaire, 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, Kinsella, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Mercer, 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, Smith (Saurel), Stewart Olsen, Unger, Verner, Wallace, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Buth, seconded by the Honourable Senator Marshall, for the third reading of Bill C-60, An Act to implement certain provisions of the budget tabled in Parliament on March 21, 2013 and other measures.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator De Bané, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Third reading of Bill C-32, An Act to amend the Civil Marriage Act.
The Honourable Senator Black moved, seconded by the Honourable Senator Bellemare, that the bill be read the third time.
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.
Resuming debate on the motion of the Honourable Senator Unger, seconded by the Honourable Senator Smith (Saurel), for the third reading of Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration);
And on the motion in amendment of the Honourable Senator Mercer, seconded by the Honourable Senator Robichaud, P.C., that Bill C-52 be not now read a third time, but that it be amended,
(a) in clause 8, on page 4, by adding after line 20 the following:
"(1.6) For the purposes of this Division and without restricting the generality of the term, "service obligations'' includes obligations in respect of
(a) the timeliness and frequency of the receiving and the delivery of traffic by the railway company;
(b) dwell times, estimated times of arrival, transit times and cycle times regarding the carriage of traffic;
(c) the quantity, condition and types of rolling stock to be provided by the railway company;
(d) the furnishing of adequate and suitable accommodation for the carriage, unloading and delivering of the traffic;
(e) accommodation and facilities for the exchange of information regarding the billing, receiving, carriage and delivery of traffic; and
(f) car order fulfillment, car spotting performance and car placement at destination.
(1.7) For greater certainty, a railway company shall be considered to have fulfilled the service obligations referred to in paragraph (1.6)(d) if it has carried them out in a manner that meets the rail transportation needs of the shipper.''; and
(b) in clause 11,
(i) on page 5,
(A) by replacing line 9 with the following:
"(a) the terms that the railway'',
(B) by replacing lines 14 to 16 with the following:
"(b) the terms that the railway company must comply with if it fails to comply with a term described in'',
(C) by replacing lines 18 to 20 with the following:
"(c) any term that the shipper must comply with that is related to a term described in paragraph (a)'', and
(D) by replacing line 28 with the following:
"to a term described in paragraph'',
(ii) on page 6, by replacing line 28 with the following:
"company with respect to a term'',
(iii) on page 7, by replacing line 24 with the following:
"(a) any term described in para-'', and
(iv) on page 8, by replacing line 38 with the following:
"lish any term described in paragraph''.
After debate,
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on the motion of the Honourable Senator Unger, seconded by the Honourable Senator Smith (Saurel), for the third reading of Bill C-52, An Act to amend the Canada Transportation Act (administration, air and railway transportation and arbitration), 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.
Order No. 4 was called and postponed until the next sitting.
Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Order No. 1 was called and postponed until the next sitting.
Motions
Order No. 67 was called and postponed until the next sitting.
OTHER BUSINESS
Commons Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Carignan, seconded by the Honourable Senator Marshall, for the third reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations);
And on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator Jaffer, that Bill C-377 be not now read a third time, but that it be amended in clause 1,
(a) on page 2, by replacing line 30 with the following:
"the period is greater than an amount that is equal to the maximum total annual monetary income that could be paid to a Deputy Minister, shown as''; and
(b) on page 3, by replacing line 13 with the following:
"ees with compensation that is greater than the maximum total annual monetary income that could be paid to a Deputy Minister and disbursements'';
And on the motion in amendment of the Honourable Senator Segal, seconded by the Honourable Senator Nancy Ruth, that Bill C-377 be not now read a third time, but that it be amended in clause 1,
(a) on page 2,
(i) by replacing line 1 with the following:
"(2) Subject to subsection 149.01(6), every labour organization and every'', and
(ii) by replacing line 30 with the following:
"the period is greater than $150,000, shown as'';
(b) on page 3, by replacing line 13 with the following:
"ees with annual compensation of $444,661 or more and'';
(c) on page 5, by replacing lines 34 to 35 with the following:
"poration;
(b) a branch or local of a labour organization;
(c) a labour organization with fewer than 50,000 members;
(d) a labour trust in respect of one or more labour organizations that, in total, have fewer than 50,000 members; and
(e) a labour trust the activities and operations''; and
(d) on page 6,
(i) by replacing line 6 with the following:
"described in paragraph (6)(e)), that is limited'',
(ii) by replacing line 10 with the following:
"(6)(e);'', and
(iii) by adding after line 16 the following:
"(8) For greater certainty, nothing in this section shall be interpreted as affecting solicitor-client privilege.'';
And on the subamendment of the Honourable Senator Cowan, seconded by the Honourable Senator Tardif, that the motion in amendment be amended as follows:
That Bill C-377 be not now read a third time, but that it be amended in clause 1, on page 2,
(a) by replacing line 23 with the following:
"(b) a set of the following statements for the fiscal period''; and
(b) by replacing line 36 with the following:
"that is to be paid or received, namely,'';
And on the motion in amendment of the Honourable Senator Chaput, seconded by the Honourable Senator Mercer, that Bill C-377 be not now read a third time, but that it be amended in clause 1,
(a) on page 4,
(i) by replacing line 12, in the French version, with the following:
"sés relatifs aux activités de recrutement,'', and
(ii) by replacing line 22, in the French version, with the following:
"liés aux activités juridiques, sauf s'ils ont trait à des''; and
(b) on page 5, by replacing line 36 with the following:
"of which are limited to the''.
After debate,
The Honourable Senator McCoy, for the Honourable Senator Cools, moved, seconded by the Honourable Senator Rivest, 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 to 5 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator McIntyre, for the third reading of Bill C-299, An Act to amend the Criminal Code (kidnapping of young person).
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.
Senate Public Bills — Reports of Committees
Resuming debate on the motion of the Honourable Senator Ogilvie, seconded by the Honourable Senator Wallace, for the adoption of the fifteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-204, An Act to establish a national strategy for chronic cerebrospinal venous insufficiency (CCSVI), with a recommendation), presented in the Senate on November 22, 2012.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Merchant, moved, seconded by the Honourable Senator Cowan, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
With leave,
The Senate reverted to Tabling of Documents.
The Honourable Senator Carignan tabled the following:
Copy of the Commission constituting Patricia Jaton, Deputy Secretary to the Governor General (Policy, Program and Protocol), Deputy of the Governor General, to do in His Excellency's name all acts on his part necessary to be done during His Excellency's pleasure, dated July 23, 2012.—Sessional Paper No. 1/41-1726S.
The said Commission is as follows:
CANADA
DAVID JOHNSTON
(L.S.)
By His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.
TO PATRICIA JATON, of Ottawa, in the Province of Ontario,
GREETING:
WHEREAS by letters patent under the Great Seal of Canada bearing date the eighth day of September in the year of Our Lord one thousand nine hundred and forty-seven, it is constituted, ordered and declared that there shall be a Governor General and Commander-in-Chief in and over Canada;
WHEREAS Her Majesty Queen Elizabeth the Second, by Commission under the Great Seal of Canada bearing date the third day of September in the year of Our Lord two thousand and ten, was graciously pleased to appoint me, during the Royal Pleasure, Governor General and Commander-in-Chief in and over Canada, and has further in and by the said Commission authorized, empowered and commanded me to exercise and perform all and singular the powers and directions contained in the said letters patent constituting the office of Governor General and Commander-in- Chief, or in any other letters patent adding to, amending or substituted for the same;
WHEREAS under and pursuant to the provisions in that behalf in the Constitution Act, 1867, in and by the said letters patent His Excellency the Governor General for the time being is authorized and empowered subject to any limitations and directions from time to time expressed or given by Her Majesty to appoint any person or persons, jointly and severally, to be his Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the Royal Pleasure, such of his powers, functions and authorities as he might deem it necessary or expedient to assign to such person or persons, provided that the appointment of such Deputy or Deputies should not affect the exercise of any such power, authority or function by the Governor General and Commander-in-Chief in person;
AND WHEREAS, I deem it necessary and expedient with a view to preventing delay in the performance of the public business and affairs of Canada to appoint some fit and proper person to be my Deputy within Canada for the purposes hereinafter mentioned;
KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable David Johnston, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth the Second, under the Great Seal of Canada, dated the third day of September in the year of Our Lord two thousand and ten, constituting and appointing me to be the Governor General of Canada do hereby nominate, constitute and appoint you, Patricia Jaton, to be my Deputy within Canada, to be styled Deputy to the Governor General, whether I be absent from Canada or not and in that capacity to exercise, subject to any limitations or directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the powers of dissolving, recalling or proroguing the Parliament of Canada, of appointing members of the Ministry and of signifying Royal Assent in Parliament assembled.
PROVIDED ALWAYS that the appointment of my said Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable David Johnston, in person.
AND PROVIDED ALWAYS that you, Patricia Jaton, shall during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me or the person administering the Government of Canada.
GIVEN under my hand and seal at Ottawa, this twenty-third day of July in the year of Our Lord two thousand and twelve and in the sixty-first year of Her Majesty's Reign.
BY COMMAND,
RICHARD DICERNI
Deputy Registrar General of Canada
With leave of the Senate,
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Ringuette:
That the Standing Senate Committee on Human Rights have the power to sit on Tuesday, June 25, 2013 and Wednesday, June 26, 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.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills — Reports of Committees
Consideration of the twenty-fourth report of the Standing Senate Committee on National Finance (Bill S-217, An Act to amend the Financial Administration Act (borrowing of money), with a recommendation), presented in the Senate on June 20, 2013.
The Honourable Senator Day moved, seconded by the Honourable Senator Mercer, that the report be adopted.
After debate,
The Honourable Senator Buth moved, seconded by the Honourable Senator Smith (Saurel), that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 3 was called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 to 6 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Robichaud, P.C., that the twenty-sixth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled: In From the Margins, Part II: Reducing Barriers to Social Inclusion and Social Cohesion, tabled in the Senate on June 18, 2013, 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 Human Resources and Skills Development Canada being identified as minister responsible for responding to the report.
The question being put on the motion, it was adopted.
Consideration of the eighth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (Report on a case of privilege respecting the appearance of a witness before a committee), presented in the Senate on June 20, 2013.
The Honourable Senator Braley moved, seconded by the Honourable Senator Martin, that the report be adopted.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Smith, P.C. (Cobourg), 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.
Orders No. 3 to 7 were called and postponed until the next sitting.
Motions
Orders No. 144, 162, 179, 158 and 75 were called and postponed until the next sitting.
Inquiries
Orders No. 77, 67, 75, 57, 62, 70, 45, 69, 35, 72, 71, 18, 64 and 65 were 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 importance of literacy, given that more than ever Canada requires increased knowledge and skills in order to maintain its global competitiveness and to increase its ability to respond to changing labour markets.
After debate,
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Martin, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 40, 9, 60, 68 and 19 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Comeau moved, seconded by the Honourable Senator Martin:
That, pursuant to rule 12-18(2)(b)(i), the Standing Committee on Internal Economy, Budgets and Administration have power to sit at any time the Senate is adjourned for a period exceeding one week between the adoption of this motion and the end of September 2013.
After debate,
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 Nolin:
That when the Senate adjourns today, it do stand adjourned until Tuesday, June 25, 2013, at 6 p.m. and that rule 3- 3(1) be suspended in relation thereto; and
That, when the Senate sits on Wednesday June 26, 2013, it shall meet at 10 a.m.
The question being put on the motion, it was adopted.
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 1:45 p.m. the Senate was continued until Tuesday, June 25, 2013 at 6 p.m.)