Journals of the Senate
2nd Session, 41st Parliament
Issue 34
Tuesday, February 11, 2014
2:00 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Manning, Marshall, Martin, 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, 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, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, 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, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Rivest, Robichaud, Runciman, 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
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
With leave of the Senate,
The Honourable the Speaker tabled the following:
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to London, United Kingdom, on October 18 and 19, 2013.—Sessional Paper No. 2/41-330S.
Presenting or Tabling of Reports from Committees
The Honourable Senator White presented the following:
Tuesday, February 11, 2014
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
SECOND REPORT
Following the entry into force of the revised Rules of the Senate on September 17, 2012, your committee has, pursuant to rule 12-7(2)(a), continued to consider the Rules and now recommends as follows:
1. That rule 13-2 be deleted and current rules 13-3 to 13-7 renumbered as 13-2 to 13-6 respectively;
2. That:
(a) rule 16-1 be amended by the addition of the new subsection (8) as follows:
"Message on Royal Assent
16-1. (8) At any time after the completion of Orders of the Day, the Leader or Deputy Leader of the Government may, if there are any bills awaiting Royal Assent, state that a message from the Crown concerning Royal Assent is expected. After this announcement no motion to adjourn the Senate shall be received and the rules regarding the ordinary time of adjournment or suspension, or any prior order regarding adjournment shall be suspended until the message has been received or either the Leader or Deputy Leader of the Government indicates the message is no longer expected. If the Senate completes the business for the day before the message is received, the sitting shall be suspended to the call of the Speaker, with the bells to ring for five minutes before the sitting resumes.''; and
(b) rule 16-1(8) be added to the lists of exceptions for rules 3-3(1), 3-4 and 5-13(1); and
3. That all cross references in the Rules, including the lists of exceptions, be updated accordingly.
Respectfully submitted,
VERNON WHITE
Chair
The Honourable Senator White moved, seconded by the Honourable Senator Dagenais, 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 White presented the following:
Tuesday, February 11, 2014
The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its
THIRD REPORT
Following the entry into force of the revised Rules of the Senate on September 17, 2012, your committee has, pursuant to rule 12-7(2)(a), continued to consider the Rules and now recommends as follows:
1. That rule 4-15 be amended by the addition of the new subsection (3) as follows:
"Limit on adjourning debate in own name after speech started
4-15. (3) If a Senator has started to speak on an item of Other Business on the Order Paper or any motion or inquiry on the Notice Paper, that debate can be adjourned only once in that Senator's name for the balance of time remaining.''; and
2. That all cross references in the Rules, including the lists of exceptions, be updated accordingly.
Respectfully submitted,
VERNON WHITE
Chair
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, 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 White, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented its fourth report (Amendments to the Rules of the Senate).
(The report is printed as an appendix.)
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, 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 — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator McIntyre, seconded by the Honourable Senator Seth, for the second reading of Bill C-14, An Act to amend the Criminal Code and the National Defence Act (mental disorder).
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 McIntyre moved, seconded by the Honourable Senator Demers, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Motions
Pursuant to rule 5-10(2), Order No. 16 was withdrawn.
° ° °
Resuming debate on the motion of the Honourable Senator Martin, seconded by the Honourable Senator Carignan, P.C.:
That the following Address be presented to His Excellency the Governor General of Canada:
To 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.
MAY IT PLEASE YOUR EXCELLENCY:
We, Her Majesty's most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator Oh, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 1 to 8 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Ringuette, for the second reading of Bill S-203, An Act to amend the Controlled Drugs and Substances Act and the Criminal Code (mental health treatment).
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the motion of the Honourable Senator Raine, seconded by the Honourable Senator Gerstein, for the second reading of Bill S-211, An Act to establish a national day to promote health and fitness for all Canadians.
After debate,
The Honourable Senator Hubley 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. 11 to 13 were 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.
° ° °
Resuming debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Demers, for the second reading of Bill C-444, An Act to amend the Criminal Code (personating peace officer or public officer).
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Dagenais moved, seconded by the Honourable Senator White, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Consideration of the third report of the Standing Senate Committee on Transport and Communications (budget—study on challenges faced by the Canadian Broadcasting Corporation— power to hire staff and power to travel), presented in the Senate on February 6, 2014.
The Honourable Senator Plett moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the third report of the Standing Senate Committee on Fisheries and Oceans (budget—study on the the regulation of aquaculture, current challenges and future prospects for the industry in Canada—power to hire staff and power to travel), presented in the Senate on February 6, 2014.
The Honourable Senator Manning moved, seconded by the Honourable Senator Meredith, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the second report of the Standing Senate Committee on Official Languages (budget—study on CBC/Radio-Canada's obligations under the Official Languages Act—power to hire staff), presented in the Senate on February 6, 2014.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser, that the report be adopted.
After debate,
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. 8, 47, 9 and 33 were called and postponed until the next sitting.
Inquiries
Orders No. 14, 4, 15, 5, 8, 11, 7, 2, 6, 10 and 3 were called and postponed until the next sitting.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2013, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 2/41-328.
Summaries of the Corporate Plan for 2014-2018 and of the Capital Budget for 2014 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-329.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 4:31 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 Demers replaced the Honourable Senator Maltais (February 10, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Mockler replaced the Honourable Senator Maltais (February 10, 2014).
The Honourable Senator Black replaced the Honourable Senator Wells (February 6, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Black replaced the Honourable Senator Beyak (February 6, 2014).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Housakos replaced the Honourable Senator Smith (Saurel) (February 6, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Dallaire replaced the Honourable Senator Jaffer (February 10, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Day replaced the Honourable Senator Campbell (February 10, 2014).
The Honourable Senator Campbell replaced the Honourable Senator Day (February 7, 2014).
Standing Senate Committee on Official Languages
The Honourable Senator Marshall replaced the Honourable Senator Poirier (February 10, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Moore (February 6, 2014).
The Honourable Senator Eaton replaced the Honourable Senator Beyak (February 6, 2014).