2nd Session, 41st Parliament

Issue 62

Tuesday, May 27, 2014
2:00 p.m.

The Honourable Noël A. Kinsella, Speaker

The Members convened were:

The Honourable Senators

Ataullahjan, Baker, Bellemare, Beyak, Black, Boisvenu, Callbeck, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kinsella, Lang, LeBreton, MacDonald, Maltais, Marshall, Martin, Massicotte, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Plett, Ringuette, Rivard, Rivest, Robichaud, Runciman, Segal, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Unger, Verner, Wallace, Watt, White

The Members in attendance to business were:

The Honourable Senators

Ataullahjan, Baker, Bellemare, Beyak, Black, Boisvenu, Callbeck, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dallaire, Dawson, Day, Demers, Downe, Doyle, 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, *McInnis, McIntyre, Mercer, Merchant, Meredith, Mitchell, Mockler, Moore, *Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, 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.

PRAYERS

SENATORS' STATEMENTS

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of documents

The Honourable the Speaker tabled the following:

Case Report of Findings of the Public Sector Integrity Commissioner in the Matter of an Investigation into a Disclosure of Wrongdoing (Enterprise Cape Breton Corporation), pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, s. 38.(3.3).—Sessional Paper No. 2/41-518.

Presenting or Tabling of Reports from Committees

The Honourable Senator Mockler presented the following:

Tuesday, May 27, 2014

The Standing Senate Committee on Agriculture and Forestry has the honour to present its

FIFTH REPORT

Your committee, to which was referred Bill C-30, An Act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures, has, in obedience to the order of reference of May 13, 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,

PERCY MOCKLER

Chair

Observations to the Fifth Report of the Standing Senate Committee on Agriculture and Forestry

The committee held nine hours of study hearing from twenty-four witnesses. While all witnesses, with the exception of two, agreed this legislation is necessary and were supportive of it achieving Royal Assent in an expeditious manner, the committee notes the following:

Many stakeholders believe that the Ministers of Transport and Agriculture and Agri-Food must consult with all stakeholders when establishing mandatory volume requirements and that these take into account producer car, short- line and corridor-by-corridor requirements.

Many stakeholders believe that the Government of Canada should implement the necessary regulations to give effect to farmer/grain company contracts, interswitching and service level agreements by the beginning of the new crop year on August 1, 2014.

Many stakeholders expressed concerns over the ambiguity surrounding service level agreements. While Bill C-30 gives the Canadian Transportation Agency the authority to regulate those service level agreements, the Canada Transportation Act does not provide for a definition of "adequate and suitable'' or for "service obligations''. The bill accelerates the upcoming review of the Canada Transportation Act currently scheduled to begin June 2015. Consequently, the committee believes that during the upcoming review of the Canada Transportation Act, the examinations should include an exploration of definitions for "adequate and suitable'' and for "service obligations''.

With leave of the Senate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, 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.

ANSWERS TO WRITTEN QUESTIONS

Pursuant to rule 4-10(2), the Honourable Senator Martin, tabled the following:

Reply to Question No. 10, dated November 4, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting overseas tax evasion.—Sessional Paper No. 2/41-519S.

Reply to Question No. 16, dated March 25, 2014, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Veterans Charter.—Sessional Paper No. 2/41-520S.

Reply to Question No. 24, dated April 2, 2014, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting Veterans Affairs Canada.—Sessional Paper No. 2/41-521S.

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Third Reading

Third reading of Bill C-30, An Act to amend the Canada Grain Act and the Canada Transportation Act and to provide for other measures.

The Honourable Senator Plett moved, seconded by the Honourable Senator Frum, 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

Orders No. 1 and 2 were called and postponed until the next sitting.

°    °    °

Second reading of Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts.

The Honourable Senator Frum moved, seconded by the Honourable Senator Maltais, that the bill be read the second time.

After debate,

The Honourable Senator Fraser, for the Honourable Senator Moore, moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Orders No. 4 and 5 were called and postponed until the next sitting.

Reports of Committees — Other

Orders No. 1 to 3 were called and postponed until the next sitting.

Motions

The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:

That the document entitled Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain provisions that have expired, lapsed or otherwise ceased to have effect, tabled in the Senate on May 15, 2014, be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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.

°    °    °

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

Order No. 2 was called and postponed until the next sitting.

OTHER BUSINESS

Commons Public Bills — Third Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

Senate Public Bills — Second Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Tardif, for the second reading of Bill S-210, An Act to amend the Criminal Code (criminal interest rate).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Maltais, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Orders No. 6 to 8 were called and postponed until the next sitting.

°    °    °

Second reading of Bill S-220, An Act to establish the Intelligence and Security Committee of Parliament.

The Honourable Senator Segal moved, seconded by the Honourable Senator Greene, that the bill be read the second time.

After debate,

The Honourable Senator Fraser, for the Honourable Senator Dallaire, moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

°    °    °

Order No. 10 was called and postponed until the next sitting.

Commons Public Bills — Second Reading

Orders No. 1 to 8 were called and postponed until the next sitting.

Reports of Committees — Other

Resuming debate on the motion of the Honourable Senator Tardif, seconded by the Honourable Senator Munson, that the third report of the Standing Senate Committee on Official Languages, entitled CBC/Radio-Canada's Language Obligations, Communities Want to See Themselves and Be Heard Coast to Coast!, tabled in the Senate on Tuesday, April 8, 2014, be adopted and that, pursuant to rule 12-24(1), the Senate requests a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages being identified as the minister responsible for responding to the report.

After debate,

The question being put on the motion, it was adopted.

°    °    °

Consideration of the third report of the Standing Senate Committee on Banking, Trade and Commerce entitled: The Registered Disability Savings Plan Program: Why Isn't It Helping More People?, tabled in the Senate on March 26, 2014.

The Honourable Senator Gerstein moved, seconded by the Honourable Senator LeBreton, P.C., that the report be adopted.

After debate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Motions

Orders No. 66, 55, 60, 8, 47 and 62 were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Rivest:

That the Standing Committee on Rules, Procedures and the Rights of Parliament be authorized to examine and report on changes to the Senate's Rules and practices that, while recognizing the independence of parliamentary bodies, will help ensure that Senate proceedings involving the discipline of senators and other individuals follow standards of due process and are generally in keeping with other rights, notably those normally protected by the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms; and

That the committee submit its final report to the Senate no later than November 30, 2014.

After debate,

With leave of the Senate,

The Honourable Senator Fraser, for the Honourable Senator Cowan, moved, seconded by the Honourable Senator Hubley, 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 Cowan, 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 Fraser, for the Honourable Senator Callbeck, moved, seconded by the Honourable Senator Hubley, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Inquiries

Orders No. 13, 25, 26, 12, 22, 21, 16, 23, 5, 4, 15, 7, 14, 18, 19, 20, 24, 2, 8 and 10 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 role in protecting minorities.

After debate,

The Honourable Senator Fraser, for the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Hubley, that further debate on the inquiry be adjourned until the next sitting.

The question being put on the motion, it was adopted.

REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):

Report on the operation of the Canada-Colombia Free Trade Agreement Implementation Act for the year ended December 31, 2013, pursuant to the Act, S.C. 2010, c. 4, s. 15.1.—Sessional Paper No. 2/41-508.

Agreement for RCMP policing services (First Nations Community Policing Service) for the provinces of Alberta, British Columbia and Saskatchewan, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-509.

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. 2/41-510.

Report of the Chief of Defence Staff on the National Sex Offender Registry for the fiscal year ended March 31, 2014, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 227.171.—Sessional Paper No. 2/41-511.

Summaries of the Corporate Plan for the period 2014-2015 to 2018-2019 and of the Operating and Capital Budgets and Borrowing Plan for 2014-2015 of Farm Credit Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-512.

Summaries of the Corporate Plan for the period 2014-2015 to 2018-2019 and of the Operating and Capital Budgets for 2014-2015 of the Windsor-Detroit Bridge Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-513.

Report of operations under the Export and Import Permits Act for the year 2012, pursuant to the Act, R.S.C. 1985, c. E-19, s. 27.—Sessional Paper No. 2/41-514.

Copy of the Regulations Amending the Special Economic Measures (Russia) Regulations (P.C. 2014-559), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 2/41-515.

Copy of the Regulations Amending the Special Economic Measures (Ukraine) Regulations (P.C. 2014-560), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 2/41-516.

Reports of the Asia Pacific Foundation of Canada for the fiscal year ended March 31, 2014, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/41-517.

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 5:47 p.m. the Senate was continued until tomorrow at 1:30 p.m.)

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Dyck replaced the Honourable Senator Cordy (May 26, 2014).

The Honourable Senator Cordy replaced the Honourable Senator Dyck (May 15, 2014).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Chaput replaced the Honourable Senator Tardif (May 23, 2014).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Moore replaced the Honourable Senator Campbell (May 26, 2014).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Ringuette replaced the Honourable Senator Day (May 23, 2014).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Mercer replaced the Honourable Senator Baker, P.C. (May 23, 2014).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Boisvenu replaced the Honourable Senator Buth (May 15, 2014).

Standing Senate Committee on National Finance

The Honourable Senator Eaton replaced the Honourable Senator Ataullahjan (May 15, 2014).

Standing Senate Committee on National Security and Defence

The Honourable Senator Oh replaced the Honourable Senator Beyak (May 26, 2014).

The Honourable Senator McIntyre replaced the Honourable Senator Wells (May 26, 2014).

Standing Senate Committee on Official Languages

The Honourable Senator Oh replaced the Honourable Senator Beyak (May 26, 2014).

The Honourable Senator Rivard replaced the Honourable Senator McIntyre (May 26, 2014).

The Honourable Senator Marshall replaced the Honourable Senator Poirier (May 26, 2014).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Runciman replaced the Honourable Senator Batters (May 26, 2014).