Journals of the Senate
2nd Session, 41st Parliament
Issue 40
Tuesday, March 4, 2014
2:00 p.m.
The Honourable Pierre Claude Nolin, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, 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, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, 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, Carignan, Champagne, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, 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, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, 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.
The Clerk at the Table informed the Senate that the Honourable the Speaker was unavoidably absent, whereupon the Honourable Senator Nolin, Speaker pro tempore, took the Chair, pursuant to rule 2-4(2).
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable the Speaker Pro tempore tabled the following:
Rules of the Senate of Canada dated February 2014.—Sessional Paper No. 2/41-357S.
Report of the Canadian Human Rights Commission for the year 2013, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(4), and the Employment Equity Act, S.C. 1995, c. 44, s. 32.—Sessional Paper No. 2/41-358.
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The Honourable Senator Martin tabled the following:
2014-2015 Estimates, Parts I and II: The Government Expenditure Plan and Main Estimates.—Sessional Paper No. 2/41-359.
Presenting or Tabling of Reports from Committees
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its third report (Bill C-217, An Act to amend the Criminal Code (mischief relating to war memorials), without amendment).
The Honourable Senator Runciman moved, seconded by the Honourable Senator Wallace, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-16, An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts.
The Honourable Senator Raine moved, seconded by the Honourable Senator LeBreton, P.C., 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 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
Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Demers, for the second reading of Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations.
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 Martin moved, seconded by the Honourable Senator Marshall, 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. 20 was withdrawn.
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Order No. 1 was called and postponed until the next sitting.
inquiries
Order No. 1 was called and postponed until the next sitting.
OTHER BUSINESS
Senate Public Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Day, for the second reading of Bill S-204, An Act to amend the Financial Administration Act (borrowing of money).
After debate,
The Honourable Senator Marshall moved, seconded by the Honourable Senator Martin, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Carignan, Champagne, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Gerstein, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Mockler, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Segal, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Wells, White—51
NAYS
The Honourable Senators
Callbeck, Chaput, Charette-Poulin, Cordy, Cowan, Dallaire, Dawson, Day, Downe, Eggleton, Fraser, Hervieux-Payette, Hubley, Jaffer, Joyal, Lovelace Nicholas, Mercer, Merchant, Mitchell, Munson, Ringuette, Robichaud, Sibbeston, Smith (Cobourg), Watt—25
ABSTENTIONS
The Honourable Senators
Cools, Moore—2
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Order No. 3 was called and postponed until the next sitting.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:46 p.m., the Honourable the Speaker Pro tempore informed the Senate that the following communication had been received:
RIDEAU HALL
March 4, 2014
Mr. Speaker:
I have the honour to inform you that Mr. Stephen Wallace, Secretary to the Governor General, in his capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 4th day of March, 2014, at 3:59 p.m.
Yours sincerely,
Patricia Jaton
Deputy Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bill Assented To
Tuesday, March 4, 2014
An Act to give effect to the Governance Agreement with Sioux Valley Dakota Nation and to make consequential amendments to other Acts. (Bill C-16, Chapter 1, 2014)
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills — Second Reading
Orders No. 4 to 11 were called and postponed until the next sitting.
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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, on division.
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Order No. 13 was called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 9 were called and postponed until the next sitting.
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Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Marshall, for the second reading of Bill C-394, An Act to amend the Criminal Code and the National Defence Act (criminal organization recruitment).
After debate,
The Honourable Senator Dallaire moved, seconded by the Honourable Senator Dawson, 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
Orders No. 1 and 2 were called and postponed until the next sitting.
Motions
Orders No. 33, 8, 47 and 9 were called and postponed until the next sitting.
Inquiries
Orders No. 22, 16, 7, 21, 5, 14, 4, 15, 8, 2, 6 and 10 were called and postponed until the next sitting were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Dawson moved, seconded by the Honourable Senator Dallaire:
That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to 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, during the First Session of the Forty-first Parliament, and adopted on May 7, 2013, with the Minister of Transport being identified as the minister responsible for responding to the report.
The question being put on the motion, it was adopted.
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The Honourable Senator Downe moved, seconded by the Honourable Senator Chaput:
That the Senate call upon the Members of the House of Commons of the Parliament of Canada to join the Senate in its efforts to increase transparency by acknowledging the longstanding request of current and former Auditors General of Canada to examine the accounts of both Houses of Parliament, and thereby inviting the Auditor General of Canada to conduct a comprehensive audit of House of Commons expenses, including Members' expenses, and
That the audits of the House of Commons and the Senate be conducted concurrently, and the results for both Chambers of Parliament be published at the same time.
A point of order was raised with respect to the acceptability of the motion.
After debate,
Pursuant to rule 2-5(1), the Speaker Pro tempore will hear further arguments.
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The Honourable Senator Cowan moved, seconded by the Honourable Senator Munson:
That a Special Committee on Equalization and Fiscal Federalism be appointed to consider whether the current formulae for equalization and other related federal transfers affect the ability of Canadians living in all regions of the country to access a basic standard of public services without facing significantly different levels of taxation.
That the committee be composed of nine members, to be nominated by the Committee of Selection and that four members constitute a quorum;
That, the committee have power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;
That, notwithstanding rule 12-18(2)(b)(i), the committee have power to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and
That the committee be empowered to report from time to time and to submit its final report no later than March 31, 2015.
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.
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The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang:
That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on non-renewable and renewable energy development including energy storage, distribution, transmission, consumption and other emerging technologies in Canada's three northern territories. In particular, the committee shall be authorized to:
Identify energy challenges facing northern territories including the state of existing energy services and infrastructure assets as well as related economic, social, geographic and environmental challenges;
Identify existing federal and territorial programs and measures aimed at improving energy use and supply in the north;
Examine ways of enhancing and diversifying energy production for domestic needs and export markets; and
Examine ways of improving the affordability, availability, reliability and efficiency of energy use for industries, businesses, governments, and residents in the north.
That the committee submit its final report no later than December 31, 2014 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
After debate
The question being put on the motion, it was adopted.
INQUIRIES
The Honourable Senator Callbeck called the attention of the Senate to the ineffectiveness of non-refundable tax credits for low-income families.
After debate,
The Honourable Senator Callbeck moved, seconded by the Honourable Senator Dallaire, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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The Honourable Senator Neufeld called the attention of the Senate to the safety of hydrocarbon transportation in Canada, and in particular, to the twelfth report of the Standing Senate Committee on Energy, the Environment and Natural Resources entitled: Moving Energy Safely: A Study of the Safe Transport of Hydrocarbons by Pipelines, Tankers and Railcars in Canada, deposited with the Clerk of the Senate on August 22nd, 2013, during the First Session of the Forty-first Parliament.
After debate,
The Honourable Senator Seidman moved, seconded by the Honourable Senator Greene, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
ADJOURNMENT
The Honourable Senator Martin 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 6:24 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 Aboriginal Peoples
The Honourable Senator Watt replaced the Honourable Senator Dyck (March 3, 2014).
The Honourable Senator Champagne, P.C., was removed from the membership of the committee, substitution pending (February 28, 2014).
The Honourable Senator Moore replaced the Honourable Senator Watt (February 27, 2014).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Wells replaced the Honourable Senator Oh (March 3, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Boisvenu replaced the Honourable Senator Tkachuk (February 27, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Oh replaced the Honourable Senator Eaton (March 3, 2014).
The Honourable Senator Tkachuk replaced the Honourable Senator Seth (February 28, 2014).
The Honourable Senator Doyle was removed from the membership of the committee, substitution pending (February 27, 2014).
Standing Senate Committee on Official Languages
The Honourable Senator Oh replaced the Honourable Senator Beyak (March 3, 2014).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Unger replaced the Honourable Senator Tkachuk (February 27, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Enverga replaced the Honourable Senator Rivard (February 27, 2014).
The Honourable Senator Seth replaced the Honourable Senator Doyle (February 27, 2014).
The Honourable Senator Eaton replaced the Honourable Senator Maltais (February 27, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Maltais replaced the Honourable Senator Demers (March 3, 2014).
The Honourable Senator Merchant replaced the Honourable Senator Tardif (February 27, 2014).