Journals of the Senate
2nd Session, 41st Parliament
Issue 48
Thursday, April 3, 2014
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Buth, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Raine, 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, Buth, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Johnson, Kenny, Kinsella, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Marshall, Martin, Massicotte, McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, 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.
PRAYERS
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Tabling of documents
The Honourable Senator Martin tabled the following:
Copy of the Canadian Food Inspection Agency's User Fee Proposal respecting
overtime fees, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs.
4(2).—Sessional Paper No. 2/41-442.
(Pursuant to rule 12-8(2), this document is deemed referred to the Standing
Senate Committee on Agriculture and Forestry and, pursuant to rule 12-22(5), if
that committee does not report within 20 sitting days following the day it
received the order of reference, it shall be deemed to have recommended approval
of the user fee.)
Presenting or Tabling of Reports from Committees
The Honourable Senator Ogilvie presented the following:
Thursday, April 3, 2014
The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill S-213, An Act respecting Lincoln Alexander Day, has, in obedience to the order of reference of Tuesday, March 25, 2014, examined the said bill and now reports the same with the following amendments:
1. Preamble, page 1: Add after line 13 the following:
"Whereas Colonel The Honourable Lincoln MacCauley Alexander was the first Black Canadian to be elected as Member of Parliament in the House of Commons, to be appointed as Cabinet minister and to be appointed as Lieutenant Governor;''
2. Clause 2, page 2: Replace, in the French version, line 1 with the following:
"2. Le 21 janvier est, dans tout le Canada,''.
Respectfully submitted,
KELVIN K. OGILVIE
Chair
The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Marshall, 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 Runciman presented the following:
Thursday, April 3, 2014
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
FIFTH REPORT
Your committee, to which was referred Bill S-2, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, has, in obedience to the order of reference of Tuesday, March 4, 2014, examined the said Bill and now reports the same without amendment.
Your committee has also made certain observations, which are appended to this report..
Respectfully submitted,
BOB RUNCIMAN
Chair
Observations to the Fifth Report of the Standing Senate
Committee on Legal and Constitutional Affairs
During the 1st Session of the 41st Parliament, the committee made the following observation to Bill S-12, An Act to amend the Statutory Instruments Act and to make consequential amendments to the Statutory Instruments Regulations, and concurs the same:
Some witnesses who were supportive of Bill S-12 nonetheless expressed a desire for greater certainty about how the bill would be implemented. The committee encourages the government to develop guidelines with respect to the use of incorporation by reference.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Ataullahjan, 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.
° ° °
The Honourable Senator Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented its fourth report (budget—study on Northern Territories Energy—power to travel and to hire staff).
(The report is printed as Appendix "A'' at pages 656-663 (available in print format PDF).)
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Lang, 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 Lang, Chair of the Standing Senate Committee on National Security and Defence, presented its third report (budget—study on the status of Canada's International Security and Defence relations).
(The report is printed as Appendix "B'' at pages 664-669 (available in print format PDF).)
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld, 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 Lang, Chair of the Standing Senate Committee on National Security and Defence, presented its fourth report (budget—study on the policies and practices of the Canada Border Services Agency—power to travel and to hire staff).
(The report is printed as Appendix "C'' at pages 670-675 (available in print format PDF).)
The Honourable Senator Lang moved, seconded by the Honourable Senator Unger, 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 Lang, Chair of the Standing Senate Committee on National Security and Defence, presented its fifth report (budget—study on Canada's national security and defence policies—power to travel and to hire staff).
(The report is printed as Appendix "D'' at pages 676-681 (available in print format PDF).)
The Honourable Senator Lang moved, seconded by the Honourable Senator Fortin-Duplessis, 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 Lang, Chair of the Standing Senate Committee on National Security and Defence, presented its sixth report (budget—study on Veterans Affairs—power to travel and to hire staff).
(The report is printed as Appendix "E'' at pages 682-687 (available in print format PDF).)
The Honourable Senator Lang moved, seconded by the Honourable Senator Doyle, 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 Furey presented the following:
Thursday, April 3, 2014
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FOURTH REPORT
Your Committee recommends that the following funds be released for fiscal year 2014-2015.
Banking, Trade and Commerce (Legislation)
General Expenses $ 6,800 TOTAL $ 6,800
Scrutiny of Regulations (Joint)
General Expenses $ 3,378 TOTAL $ 3,378
Respectfully submitted,
NOËL A. KINSELLA
Chair
The Honourable Senator Furey moved, seconded by the Honourable Senator Kenny, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Ataullahjan tabled the following:
Report of the Canadian Group of the Inter-Parliamentary Union respecting its participation at the meeting of the Steering Committee of the Twelve Plus Group, held in Paris, France, on February 10, 2014.—Sessional Paper No. 2/ 41-443.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Motions
Resuming debate on the motion of the Honourable Senator Martin, 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;
And on the motion in amendment of the Honourable Senator Runciman, 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 question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Beyak, Black, Boisvenu, Carignan, Dagenais, Demers, Eaton, Frum, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Martin, McIntyre, Meredith, Mockler, Nancy Ruth, Neufeld, Ngo, Oh, Patterson, Raine, Rivard, Runciman, Segal, Seidman, Seth, Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace—38
NAYS
The Honourable Senators
Campbell, Charette-Poulin, Cowan, Dallaire, Eggleton, Fraser, Furey, Hervieux-Payette, Mercer, Munson, Smith (Cobourg)—11
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion, as amended, of the Honourable Senator Martin, 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;
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.
Pursuant to rule 7-4(5), a standing vote was deferred until 5:30 p.m. at the next sitting of the Senate, with the bells to sound at 5:15 p.m. for fifteen minutes.
Bills — Third Reading
Third reading of 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.
The Honourable Senator Tannas moved, seconded by the Honourable Senator Batters, that the bill be read the third time.
After debate,
The Honourable Senator Munson, for the Honourable Senator Dyck, moved, seconded by the Honourable Senator Fraser, 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-14, An Act to amend the Criminal Code and the National Defence Act (mental disorder).
The Honourable Senator McIntyre moved, seconded by the Honourable Senator Dagenais, that the bill be read the third time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Jaffer, moved, seconded by the Honourable Senator Dallaire, 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
Order No. 1 was called and postponed until the next sitting.
Motions
Orders No. 27, 23 and 1 were called and postponed until the next sitting.
° ° °
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers:
That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, April 7, 2014, at 4 p.m.; and
That rule 3-3(1) be suspended on Monday April 7, 2014.
After debate,
In amendment, the Honourable Senator Greene moved, seconded by the Honourable Senator Seidman, that the motion be amended by adding, immediately before the final period, the following:
"; and
That committees of the Senate scheduled to meet on Monday, April 7, 2014, 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 in amendment, it was adopted.
The question was then put on the motion, as amended, of the Honourable Senator Martin, seconded by the Honourable Senator Demers:
That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, April 7, 2014, at 4 p.m.;
That rule 3-3(1) be suspended on Monday April 7, 2014; and
That committees of the Senate scheduled to meet on Monday, April 7, 2014, be authorized to sit even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
The motion, as amended, was adopted on division.
Inquiries
Order No. 1 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
The Honourable Senator Martin moved, seconded by the Honourable Senator McIntyre:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 7:20 p.m. the Senate was continued until Monday, April 7, 2014, at 4 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Hervieux-Payette, P.C., replaced the Honourable Senator Tardif (April 2, 2014).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator MacDonald (April 2, 2014).
Standing Senate Committee on Energy, the Environment and Natural Resources
The Honourable Senator Nolin replaced the Honourable Senator Boisvenu (April 2, 2014).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Poirier replaced the Honourable Senator Tannas (April 2, 2014).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Meredith replaced the Honourable Senator Plett (April 3, 2014).
The Honourable Senator Patterson replaced the Honourable Senator Boisvenu (April 3, 2014).
The Honourable Senator Plett replaced the Honourable Senator Wells (April 3, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Merchant replaced the Honourable Senator Chaput (April 2, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator White replaced the Honourable Senator Mockler (April 2, 2014).
The Honourable Senator Segal replaced the Honourable Senator Stewart Olsen (April 2, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Plett replaced the Honourable Senator Batters (April 3, 2014).