Journals of the Senate
2nd Session, 41st Parliament
Issue 46
Tuesday, April 1, 2014
2:00 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, Champagne, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, 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, Raine, 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, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Buth, Callbeck, Campbell, Carignan, Champagne, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Joyal, Kenny, 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, 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 Senator Kinsella tabled the following:
Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Greece and Bosnia and Herzegovina, from September 7 to 16, 2012.—Sessional Paper No. 2/41-430S.
° ° °
The Honourable the Speaker tabled the following:
Report of the Canadian Human Rights Tribunal for the year 2013, entitled: Providing effective resolution of discrimination complaints for Canadians, pursuant to the Canadian Human Rights Act, R. S. C. 1985, c. H-6, sbs. 61(4).—Sessional Paper No. 2/41-431.
° ° °
The Honourable Senator Martin tabled the following:
Maa-nulth First Nations Final Agreement: Implementation Report for 2011-2012.—Sessional Paper No. 2/41-432.
Annual Reports on Yukon Land Claims and Self-Government Agreements for 2009-2010 and 2010-2011.—Sessional Paper No. 2/41-433.
Annual Report on Implementation of the Westbank First Nation Self-Government Agreement for 2010-2011. —Sessional Paper No. 2/41-434.
Report of the Tsawwassen First Nation Final Agreement: Implementation Report for 2011-2012.—Sessional Paper No. 2/41-435.
Presenting or Tabling of Reports from Committees
The Honourable Senator Runciman, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, tabled its third report (Report No. 88 — Fixing the Date of Coming into Force of Statutory Provisions).—Sessional Paper No. 2/41-436S.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Maltais tabled the following:
Report of the Canadian Delegation to the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the 22nd Annual Session of the OSCE PA, held in Istanbul, Turkey, from June 29 to July 3, 2013.—Sessional Paper No. 2/41-437.
With leave,
The Senate reverted to Presenting or Tabling of Reports from Committees.
The Honourable Senator Patterson, Chair of the Standing Senate Committee on Aboriginal Peoples, presented its third report (Bill C-9, An Act respecting the election and term of office of chiefs and councillors of certain First Nations and the composition of council of those First Nations, without amendment but with observations).
(The report is printed as an appendix.)
The Honourable Senator Patterson moved, seconded by the Honourable Senator Beyak, 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
Order No. 1 was called and postponed until the next sitting.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Moore, for the adoption of the seventh report of the Standing Senate Committee on National Finance (Main Estimates 2013- 2014), tabled in the Senate on March 25, 2014.
After debate,
The Honourable Senator Callbeck moved, seconded by the Honourable Senator McCoy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That, in accordance with rule 10-11(1), the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine the subject matter of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, introduced in the House of Commons on February 4, 2014, in advance of the said bill coming before the Senate.
After debate,
In amendment, the Honourable Senator Runciman moved, seconded by the Honourable Senator Mockler, that the motion be amended by adding, immediately before the final period, the following:
";
That the committee be authorized to sit for the purposes of this study, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto;
That the committee be authorized to sit for the purposes of this study, even though the Senate may then be adjourned, with the application of rule 12-18(2) being suspended in relation thereto; and
That, notwithstanding usual practices, the committee be authorized to deposit with the Clerk of the Senate its report on this study if the Senate is not then sitting; and that the report be deemed to have been tabled in the Senate''.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
° ° °
Orders No. 23 and 1 were called and postponed until the next sitting.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Other
Consideration of the message from the House of Commons in the following words:
Wednesday, March 26, 2014
RESOLVED,—That, in view of the sanctions against parliamentarians and other Canadians announced by the Russian government, the House (a) re-affirm its resolution of Monday, March 3, 2014, (b) strongly condemn Russia's continued illegal military occupation of Crimea, (c) call for Russia to de-escalate the situation immediately, and (d) denounce Russia's sanctions against the Speaker and members of the House of Commons, a member of the Senate, public servants and the President of the Ukrainian Canadian Congress;
That the Speaker do convey this resolution to the Ambassador of the Russian Federation; and
That a message be sent to the Senate to acquaint Their Honours accordingly.
ATTEST
AUDREY O'BRIEN
The Clerk of the House of Commons
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That the Senate share the concerns and conclusions expressed by the House of Commons in the message dated March 26, 2014;
That the Senate convey this resolution of the Senate to the Ambassador of the Russian Federation to Canada; and
That a message be sent to the House of Commons to acquaint that House accordingly.
After debate,
The Honourable Senator Cools moved, seconded by the Honourable Senator McCoy, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted, on division.
OTHER BUSINESS
Commons Public Bills — Third Reading
Order No. 1 was called and postponed until the next sitting.
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 Cowan, seconded by the Honourable Senator Fraser, for the second reading of Bill S-201, An Act to prohibit and prevent genetic discrimination.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, 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.
° ° °
Order No. 12 was called and postponed until the next sitting.
Commons Public Bills — Second Reading
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).
The question being put on the motion, it was adopted.
The bill was then read the second time.
The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, 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.
° ° °
Orders No. 2 to 8 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator McIntyre, for the second reading of Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders).
After debate,
The Honourable Senator Fraser, for the Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Tardif, 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
Consideration of the third report of the Standing Committee on Conflict of Interest for Senators (amendments to the Conflict of Interest Code for Senators), presented in the Senate on March 26, 2014.
After debate,
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Joyal, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Order No. 2 was called and postponed until the next sitting.
Motions
Orders No. 62, 9, 55, 56, 8 and 47 were called and postponed until the next sitting.
Inquiries
Orders No. 13, 24, 16, 2, 8, 10, 17, 12 and 22 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Chaput, calling the attention of the Senate to the Conservative government's unilateral decision not to review the standards and criteria of the Canada Periodical Fund and the disastrous consequences of this failure to act for francophone minority newspapers, such as La Liberté, Manitoba's only French-language weekly.
After debate,
The Honourable Senator Greene moved, seconded by the Honourable Senator Demers, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 21 and 5 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to its roots, the history of its origins and its evolution.
After debate,
The Honourable Senator Tannas moved, seconded by the Honourable Senator Plett, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 4 and 15 were called and postponed until the next sitting.
INQUIRIES
The Honourable Senator Nolin called the attention of the Senate to its investigative role.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Nolin called the attention of the Senate to its role in parliamentary diplomacy.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Nolin.
° ° °
The Honourable Senator Nolin called the attention of the Senate to the activities of some Senators in promoting and defending causes that concern public interest.
After debate,
Further debate on the inquiry was adjourned until the next sitting in the name of the Honourable Senator Nolin.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Report on the Public Service Pension Plan, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, s. 46.—Sessional Paper No. 2/41-396.
Report on the Administration of the Supplementary Retirement Benefits Act for the fiscal year ended March 31, 2013, pursuant to the Act, R.S.C. 1985, c. S-24, s. 12.—Sessional Paper No. 2/41-397.
Actuarial Report on the Pension Plan for Federally Appointed Judges, and the certificate of assets of the Pension Plan for the fiscal year ended March 31, 2013, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1). —Sessional Paper No. 2/41-398.
Report by Federal Authorities with Obligations under Section 71 of the Canadian Environmental Assessment Act, 2012 (Natural Sciences and Engineering Research Council of Canada) for the fiscal year ended March 31, 2013, pursuant to the Act, S.C. 2012, c. 19, s. 52 "71(2)''.—Sessional Paper No. 2/41-399.
Report of the Governor of the Bank of Canada and Statement of Accounts, together with the Auditors' Report, for the year ended December 31, 2013, pursuant to the Bank of Canada Act, R.S.C. 1985, c. B-2, sbs. 30(3).—Sessional Paper No. 2/41-400.
Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2013, pursuant to the Act, S.C. 1991, c. 12, s. 7.—Sessional Paper No. 2/41-401.
Report on the administration of the Canadian Environmental Protection Act, 1999, for the fiscal year ended March 31, 2013, pursuant to the Act, S.C. 1999, c. 33, sbs. 342(1).—Sessional Paper No. 2/41-402.
Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 2/41-403.
Proposed Exemption Regulations (Consumer Products), pursuant to the Canada Consumer Product Safety Act, S.C. 2010, c. 21, s. 38(1).—Sessional Paper No. 2/41-404.
Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General's Report, for the fiscal year ended March 31, 2013, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 2/41-405.
Report of the Canadian Nuclear Safety Commission for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-406.
Report of the Staff of the Non-Public Funds, Canadian Forces for the year 2012, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-407.
Report of the Canadian Security Intelligence Service for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-408.
Report of the Communications Security Establishment for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-409.
Report of the National Film Board of Canada for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-410.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-411.
Report of the Natural Sciences and Engineering Research Council for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-412.
Report of the Office of the Auditor General of Canada for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-413.
Report of the Office of the Superintendent of Financial Institutions Canada for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-414.
Report of the Statistical Survey Operations for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 2/41-415.
Report on the Administration of the Members of Parliament Retiring Allowances Act for the fiscal year ended March 31, 2013, pursuant to the Act, R.S.C. 1985, c. M-5, s. 67.—Sessional Paper No. 2/41-416.
Report of the Social Sciences and Humanities Research Council for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 2/41-417.
Report of the Employment Equity in the Federal Public Service for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(1).—Sessional Paper No. 2/41-418.
Report of the Canadian Food Inspection Agency for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-419.
Report of the Canada Revenue Agency for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-420.
Report of the Parks Canada Agency for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-421.
Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-422.
Report of the Royal Canadian Mounted Police (RCMP) for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-423.
Report of National Defence (Canadian Forces) for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3). —Sessional Paper No. 2/41-424.
Report of the Canadian Institutes of Health Research for the year 2012, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3)—Sessional Paper No. 2/41-425.
Summaries of the Corporate Plan for 2013-2017 and the Capital Budget for 2013 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-426.
Summaries of the Corporate Plan for 2014-2018 and the Capital Budget for 2014 of the Canada Post Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-427.
Report on the Implementation of the Nunavut Land Claims Agreement for the fiscal year ended March 31, 2011, pursuant to the subsection 37.3.3(h) of the Nunavut Land Claims Agreement, as ratified by the Nunavut Land Claims Agreement Act, S.C. 1993, c. 29, sbs. 4(1).—Sessional Paper No. 2/41-428.
Report of the National Energy Board for the fiscal year ended March 31, 2013, pursuant to the Employment Equity Act, S.C. 1995, c. 44, sbs. 21(3).—Sessional Paper No. 2/41-429.
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 5:53 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 Mercer replaced the Honourable Senator Cordy (March 27, 2014).
Standing Senate Committee on Foreign Affairs and International Trade
The Honourable Senator Housakos replaced the Honourable Senator Mockler (March 28, 2014).
The Honourable Senator Dawson replaced the Honourable Senator Moore (March 27, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Plett replaced the Honourable Senator Tannas (March 28, 2014).
The Honourable Senator McInnis replaced the Honourable Senator Beyak (March 28, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Merchant replaced the Honourable Senator Chaput (March 31, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Black replaced the Honourable Senator Segal (March 28, 2014).
The Honourable Senator Campbell replaced the Honourable Senator Dallaire (March 28, 2014).
Standing Senate Committee on Official Languages
The Honourable Senator Wallace replaced the Honourable Senator Poirier (March 31, 2014).
Standing Committee on Rules, Procedures and the Rights of Parliament
The name of the Honourable Senator Doyle was added to the membership (March 28, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Stewart Olsen replaced the Honourable Senator Lang (March 28, 2014).