Journals of the Senate
2nd Session, 41st Parliament
Issue 22
Wednesday, December 4, 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, Buth, Callbeck, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, 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, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, 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, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Watt, Wells, White
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
Tributes
Tribute was paid to the Honourable Senator Donald H. Oliver, who retired from the Senate on November 16, 2013.
Senators' Statements
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Document entitled: Sioux Valley Dakota Nation Governance Agreement and Tripartite Governance Agreement.—Sessional Paper No. 2/41-254.
Presenting or Tabling of Reports from Committees
The Honourable Senator Manning, Chair of the Standing Senate Committee on Fisheries and Oceans, presented its second report (Bill S-3, An Act to amend the Coastal Fisheries Protection Act, without amendment).
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith, 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.
Government Notices of Motions
With leave of the Senate,
The Honourable Senator Martin, moved, seconded by the Honourable Senator Marshall:
That, in accordance with rule 10-11(1), the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine the subject-matter of Bill C-15, An Act to replace the Northwest Territories Act to implement certain provisions of the Northwest Territories Lands and Resources Devolution Agreement and to repeal or make amendments to the Territorial Lands Act, the Northwest Territories Waters Act, the Mackenzie Valley Resource Management Act, other Acts and certain orders and regulations, introduced in the House of Commons on December 3, 2013, in advance of the said bill coming before the Senate.
The question being put on the motion, it was adopted.
° ° °
With leave of the Senate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth:
That committees of the Senate scheduled to meet on Monday, December 9, 2013, be authorized to sit 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Maltais tabled the following:
Report of the Canadian Delegation of the Canada—United Kingdom Inter-Parliamentary Association respecting its Bilateral Visit to Scotland and London, United Kingdom, from January 19 to 26, 2013.—Sessional Paper No. 2/41- 255.
SPEAKER PRO TEMPORE'S STATEMENT
During yesterday's sitting concerns were expressed about the circumstances surrounding the introduction of Motion 41. Senator Fraser sought to clarify the situation, using the term "question of privilege'' when she did so. In fact, this incident did not involve an infringement of the privileges of the Senate or its members. The matter was really more one of debate, and, as such, should be considered closed.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Gerstein, for the second reading of Bill C-7, An Act to amend the Museums Act in order to establish the Canadian Museum of History and to make consequential amendments to other Acts.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Eaton moved, seconded by the Honourable Senator Rivard, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.
The question being put on the motion, it was adopted.
° ° °
Orders No. 1 and 3 were called and postponed until the next sitting.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders), to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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.
GOVERNMENT BUSINESS
Reports of Committees — Other
Orders No. 1 to 6 were called and postponed until the next sitting.
Motions
Orders No. 11 and 1 were called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 1 to 10 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Smith, P.C. (Cobourg), for the second reading of Bill S-202, An Act to amend the Payment Card Networks Act (credit card acceptance fees).
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 12 was called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 10 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-462, An Act restricting the fees charged by promoters of the disability tax credit and making consequential amendments to the Tax Court of Canada Act.
The Honourable Senator Buth moved, seconded by the Honourable Senator Unger, that the bill be read the second time.
Debate.
At 4 p.m., pursuant to the order adopted by the Senate on November 19, 2013, the sitting was suspended until 5:15 p.m.
The sitting resumed.
DEFERRED VOTE
At 5:30 p.m., pursuant to rule 9-10, the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Cowan:
That it be an instruction to the Standing Committee on Internal Economy, Budgets and Administration that, before the end of 2013, it hear from Mr. Michael Runia, Managing Partner, Ontario at Deloitte LLP in relation to the audit report on Senator Duffy's expenses.
The motion was negatived on the following vote:
YEAS
The Honourable Senators
Baker, Callbeck, Campbell, Chaput, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Furey, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Massicotte, Merchant, Mitchell, Moore, Munson, Ringuette, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt—30
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Carignan, Cools, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McCoy, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Rivest, Runciman, Seidman, Seth, Smith (Saurel), Tannas, Unger, Wallace, Wells, White—51
ABSTENTIONS
The Honourable Senators
Gerstein, Nolin, Segal—3
At 5:39 p.m., pursuant to the order adopted by the Senate on November 19, 2013, the Senate adjourned until 1:30 p.m. tomorrow.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Actuarial Report of the Superintendent of Financial Institutions on the Canada Pension Plan dated December 31, 2012, pursuant to the Canada Pension Plan Act, R.S.C., 1985, c. C-8, s. 115.—Sessional Paper No. 2/41-253.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Buth replaced the Honourable Senator Tkachuk (December 3, 2013).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Smith (Saurel) replaced the Honourable Senator Demers (December 3, 2013).
Standing Senate Committee on National Finance
The Honourable Senator Mockler replaced the Honourable Senator Maltais (December 3, 2013).
The Honourable Senator Maltais replaced the Honourable Senator Mockler (December 3, 2013).
The Honourable Senator Mockler replaced the Honourable Senator Rivard (December 3, 2013).
Standing Senate Committee on National Security and Defence
The Honourable Senator Nolin replaced the Honourable Senator Boisvenu (December 3, 2013).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Nolin replaced the Honourable Senator Fortin-Duplessis (December 3, 2013).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Smith, P.C. (Cobourg), replaced the Honourable Senator Campbell (December 3, 2013).
Standing Senate Committee on Transport and Communications
The Honourable Senator Demers replaced the Honourable Senator Maltais (December 3, 2013).