Journals of the Senate
2nd Session, 41st Parliament
Issue 85
Wednesday, October 8, 2014
1:30 p.m.
The Honourable Noël A. Kinsella, Speaker
The Members convened were:
The Honourable Senators
Baker, Batters, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Eaton, Eggleton, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Johnson, Joyal, Kinsella, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Plett, Poirier, Ringuette, Rivard, Rivest, Robichaud, Runciman, Seidman, Seth, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tardif, Tkachuk, Unger, Verner, Wallace, Wells, White
The Members in attendance to business were:
The Honourable Senators
*Ataullahjan, Baker, Batters, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, *Dyck, Eaton, Eggleton, *Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Johnson, Joyal, Kinsella, LeBreton, *Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, 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, Tardif, Tkachuk, Unger, Verner, Wallace, 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
Presenting or Tabling Reports from Committees
The Honourable Senator Neufeld presented the following:
Wednesday, October 8, 2014
The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its
SIXTH REPORT
Your committee, which was referred Bill S-6, An Act to amend the Yukon Environmental and Socio-economic Assessment Act and the Nunavut Waters and Nunavut Surface Rights Tribunal Act, has, in obedience to the order of reference of Tuesday, June 17, 2014, examined the said Bill and now reports the same without amendment but with certain observations, which are appended to this report.
Respectfully submitted,
RICHARD NEUFELD
Chair
Observations to the Sixth Report of the Standing Senate Committee on Energy, the Environment and Natural Resources
The committee notes the concerns raised around the issue of delegation of authority and urges the government to ensure that any delegation of authority to the territorial government be in keeping with the Umbrella Final Agreement signed with Yukon First Nations.
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Unger, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Rivard tabled the following:
Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Meeting of the Standing Committee of Parliamentarians of the Arctic Region, held in Copenhagen, Denmark, on June 10 and 11, 2014.—Sessional Paper No. 2/41-887.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Dagenais, for the third reading of Bill C-10, An Act to amend the Criminal Code (trafficking in contraband tobacco);
And on the motion in amendment of the Honourable Senator Cordy, seconded by the Honourable Senator Campbell, that Bill C-10 be not now read a third time, but that it be amended, on page 2,
(a) by replacing line 38 with the following:
"4. (1) This Act comes into force on a day to be''; and
(b) by adding after line 39 the following:
"(2) No order may be made under subsection (1) unless the Government of Canada has consulted with representatives of the Aboriginal peoples of Canada and accommodated their views in respect of the tobacco trade and the implementation of this Act.''.
The question being put on the motion in amendment, it was negatived, on division.
The question then being put on motion of the Honourable Senator White, seconded by the Honourable Senator Dagenais, for the third reading of Bill C-10, An Act to amend the Criminal Code (trafficking in contraband tobacco), it was adopted, on division.
The bill was then read the third time and passed, on division.
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 Housakos, seconded by the Honourable Senator Fortin-Duplessis, for the second reading of Bill C-3, An Act to enact the Aviation Industry Indemnity Act, to amend the Aeronautics Act, the Canada Marine Act, the Marine Liability Act and the Canada Shipping Act, 2001 and to make consequential amendments to other Acts.
After debate,
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 Fortin-Duplessis, that the bill be referred to the Standing Senate Committee on Transport and Communications.
The question being put on the motion, it was adopted.
° ° °
Second reading of Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts.
The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Demers, that the bill be read the second time.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Robichaud, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Order No. 1 was 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
Order No. 1 was 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 Segal, seconded by the Honourable Senator Greene, for the second reading of Bill S-220, An Act to establish the Intelligence and Security Committee of Parliament.
After debate,
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Chaput, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Commons Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Reports of Committees — Other
Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Frum, for the adoption of the fifth report of the Standing Committee on Rules, Procedures and the Rights of Parliament (amendments to the Rules of the Senate), presented in the Senate on June 11, 2014;
And on the motion in amendment of the Honourable Senator Cowan, seconded by the Honourable Senator Fraser, that the report not now be adopted, but that it be amended by:
1. Replacing paragraph 1.(j) with the following:
"That an item of Other Business that is not a Commons Public Bill be not further adjourned; or'';
2. Replacing the main heading before new rule 6-13 with the following:
"Terminating Debate on an Item of Other Business that is not a Commons Public Bill'';
3. Replacing the sub heading before new rule 6-13 with the following:
"Notice of motion that item of Other Business that is not a Commons Public Bill be not further adjourned'';
4. In paragraph 2.6-13 (1), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';
5. In the first clause of Paragraph 2.6-13 (3), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill'';
6. In the first clause of paragraph 2.6-13 (5), adding immediately following the words "Other Business'', the words "that is not a Commons Public Bill''
7. In paragraph 2.6-13 (7) (c), adding immediately following the words "Other Business'' the words "that is not a Commons Public Bill'';
8. And replacing the last line of paragraph 2.6-13(7) with the following:
"This process shall continue until the conclusion of debate on the item of Other Business that is not a Commons Public Bill'';
And on the subamendment of the Honourable Senator Mitchell, seconded by the Honourable Senator Day, that the amendment be not now adopted but that it be amended by adding immediately after paragraph 8 the following:
9. And that the rule changes contained in this report take effect from the date that the Senate begins regularly to provide live audio-visual broadcasting of its daily proceedings.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Jaffer, that further debate on the subamendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 and 3 were called and postponed until the next sitting.
Motions
Orders No. 55, 69, 9, 56, 66, 60, 73, 8, 47 and 74 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Cordy:
That a Special Committee on Senate Transformation be appointed to consider;
1. methods to reduce the role of political parties in the Senate by establishing regional caucuses and systems to provide accountability to citizens;
2. methods to broaden participation of all senators in managing the business of the Senate by establishing a committee to assume those responsibilities, and to provide for equal regional representation on said committee;
3. methods to allow senators to participate in the selection of the Speaker of the Senate by providing a recommendation to the Prime Minister;
4. methods to adapt Question Period to better serve its role as an accountability exercise; and
5. such other matters as may be referred to it by the Senate;
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 June 30, 2015.
After debate,
The Honourable Senator Poirier moved, seconded by the Honourable Senator Demers, 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. 21, 28, 10, 13, 16, 29, 26, 14, 20, 23, 27, 34, 5, 33, 30, 31, 15, 17 and 22 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 investigative role.
After debate,
The Honourable Senator Tardif moved, seconded by the Honourable Senator Cowan, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to its role in parliamentary diplomacy.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, 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 of the Financial Consumer Agency of Canada, together with the Auditors' Report, for the fiscal year ended March 31, 2014, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001, c. 9, s. 34.—Sessional Paper No. 2/41-886.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Demers:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 3:44 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 Banking, Trade and Commerce
The Honourable Senator Meredith replaced the Honourable Senator Bellemare (October 7, 2014).
The Honourable Senator Wells replaced the Honourable Senator Tannas (October 7, 2014).
Standing Senate Committee on Fisheries and Oceans
The Honourable Senator Batters replaced the Honourable Senator Wells (October 7, 2014).
Standing Senate Committee on National Finance
The Honourable Senator Eaton replaced the Honourable Senator Boisvenu (October 7, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Frum replaced the Honourable Senator Beyak (October 7, 2014).
Standing Senate Committee on Official Languages
The Honourable Senator Maltais replaced the Honourable Senator Mockler (October 7, 2014).
Standing Joint Committee for the Scrutiny of Regulations
The name of the Honourable Senator McInnis was added to the membership (October 7, 2014).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Oh replaced the Honourable Senator Enverga (October 7, 2014).
Standing Senate Committee on Transport and Communications
The Honourable Senator Dagenais replaced the Honourable Senator Housakos (October 7, 2014).
The Honourable Senator Maltais replaced the Honourable Senator Unger (October 7, 2014).