2nd Session, 41st Parliament

Issue 98

Tuesday, November 25, 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, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Gerstein, Greene, Hervieux-Payette, Housakos, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Wallace, Watt, Wells, White

The Members in attendance to business were:

The Honourable Senators

Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Gerstein, Greene, Hervieux-Payette, Housakos, Joyal, Kenny, Kinsella, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, *McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Plett, Poirier, Raine, Ringuette, Rivard, Robichaud, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, 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

With leave of the Senate,

The Honourable the Speaker tabled the following:

Document entitled: The Chain of Office of the Usher of the Black Rod, dated June 26, 2014, written by Bruce Patterson, Deputy Chief Herald of Canada.—Sessional Paper No. 2/41-963S.

SENATORS' STATEMENTS

Some Honourable Senators made statements.

Tributes

Tribute was paid to the Honourable Richard Stanbury, former Senator, whose death occurred on July 21, 2014.

ROUTINE PROCEEDINGS

Tabling of documents

The Honourable the Speaker tabled the following:

The 2014 Fall Report of the Auditor General of Canada to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(3).—Sessional Paper No. 2/41-964.

°    °    °

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 Budapest, Hungary, from October 12 to 15, 2014.—Sessional Paper No. 2/41-965S.

°    °    °

The Honourable Senator Martin tabled the following:

2013 Annual Report on the Royal Canadian Mounted Police's use of the Law Enforcement Justification Provisions pursuant to section 25.3 of the Criminal Code.—Sessional Paper No. 2/41-966.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with a Bill C-18, An Act to amend certain Acts relating to agriculture and agri-food, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

ORDERS OF THE DAY

GOVERNMENT BUSINESS

Bills — Third Reading

Third reading of Bill C-41, An Act to implement the Free Trade Agreement between Canada and the Republic of Korea.

The Honourable Senator Martin moved, seconded by the Honourable Senator Poirier, 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.

Reports of Committees — Other

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

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

Senate Public Bills — Reports of Committees

Consideration of the ninth report of the Standing Senate Committee on Human Rights (Bill S-219, An Act respecting a national day of commemoration of the exodus of Vietnamese refugees and their acceptance in Canada after the fall of Saigon and the end of the Vietnam War, with amendments), presented in the Senate on November 20, 2014.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Meredith, that the report be adopted.

After debate,

The Honourable Senator Cowan 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.

Senate Public Bills — Second Reading

Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Mercer, for the second reading of Bill S-222, An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) 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 Moore moved, seconded by the Honourable Senator Kenny, that the bill be referred to the Standing Senate Committee on National Security and Defence.

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

°    °    °

Orders No. 2 to 5 were called and postponed until the next sitting.

Commons Public Bills — Second Reading

Order No. 1 was called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Maltais, seconded by the Honourable Senator McIntyre, for the second reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations).

After debate,

In amendment, the Honourable Senator McCoy moved, seconded by the Honourable Senator Kenny, that the motion be amended by deleting all the words after "That'' and substituting the following therefor:

"Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), be not now read a second time because:

(1) it is based on an erroneous principle, namely that a tax deduction mandates public disclosure of private information; and

(2) it is ultra vires the authority of Parliament.''

The question being put on the motion in amendment, it was negatived on the following vote:

YEAS

The Honourable Senators

Baker, Bellemare, Campbell, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dawson, Day, Downe, Dyck, Eggleton, Fraser, Hervieux-Payette, Joyal, Kenny, McCoy, Mitchell, Moore, Munson, Nancy Ruth, Ringuette, Robichaud, Sibbeston, Smith (Cobourg), Tardif, Watt—28

NAYS

The Honourable Senators

Andreychuk, Ataullahjan, Batters, Beyak, Black, Boisvenu, Carignan, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Gerstein, Greene, Housakos, Lang, LeBreton, MacDonald, Manning, Marshall, Martin, McInnis, Meredith, Mockler, Neufeld, Ngo, Ogilvie, Oh, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Smith (Saurel), Stewart Olsen, Tannas, Tkachuk, Wallace, Wells, White—42

ABSTENTIONS

The Honourable Senators

Nolin—1

The question then being put on the motion of the Honourable Senator Maltais, seconded by the Honourable Senator McIntyre, for the second reading of Bill C-377, An Act to amend the Income Tax Act (requirements for labour organizations), 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.

°    °    °

Order No. 3 was called and postponed until the next sitting.

Reports of Committees — Other

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

Motions

Orders No. 9, 56, 69, 60, 66, 73, 8, 47, 74, 79 and 62 were called and postponed until the next sitting.

°    °    °

Resuming debate on the motion of the Honourable Senator Downe, 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.

The Honourable Senator Fraser 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.

Inquiries

Orders No. 10, 13, 16, 29, 26, 44, 14, 42, 43, 20, 41, 34, 36, 27, 33, 15, 17, 18, 19, 21 and 28 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Doyle:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on emerging issues related to its mandate:

(a) The current state and future direction of production, distribution, consumption, trade, security and sustainability of Canada's energy resources;

(b) Environmental challenges facing Canada including responses to global climate change, air pollution, biodiversity and ecological integrity;

(c) Sustainable development and management of renewable and non-renewable natural resources including but not limited to water, minerals, soils, flora and fauna; and

(d) Canada's international treaty obligations affecting energy, the environment and natural resources and their influence on Canada's economic and social development.

That the committee submit its final report no later than September 30, 2015 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.

°    °    °

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Housakos:

That, notwithstanding the order of the Senate adopted on Tuesday, March 4, 2014, the date for the final report of the Standing Senate Committee on Energy, the Environment and Natural Resources in relation to its study of non- renewable and renewable energy development including energy storage, distribution, transmission, consumption and other emerging technologies in Canada's three northern territories be extended from December 31, 2014 to September 30, 2015.

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

INQUIRIES

The Honourable Senator Robichaud, P.C., called the attention of the Senate to the end of his mandate in the Parliament of Canada's Upper Chamber.

Debate concluded.

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

Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2014, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, sbs. 71(1).—Sessional Paper No. 2/41-955.

Agreement respecting Biology Casework Analysis between the RCMP and the province of Newfoundland and Labrador, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-956.

Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces as at March 31, 2013, and certification of assets of the Pension Plan, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 2/41-957.

Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2014, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 21(2).—Sessional Paper No. 2/41-958.

Actuarial Report (including cost certificate) on the Pension Plan for the Canadian Forces - Reserve Force as at March 31, 2013, and certification of assets of the Pension Plan, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 59.6.—Sessional Paper No. 2/41-959.

Report of the Public Service Labour Relations Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2014, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 2/41-960.

Report of the Public Service Labour Relations Board on the administration of the Public Service Labour Relations Act for the fiscal year ended March 31, 2014, pursuant to the Act, S.C. 2003, c. 22, s. 2 "251(2)''.—Sessional Paper No. 2/41-961.

Report of the Commissioner of Competition for the fiscal year ended March 31, 2013, pursuant to the Competition Act, R.S.C. 1985, c. C-34, s. 127.—Sessional Paper No. 2/41-962.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:34 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 Watt (November 25, 2014).

The Honourable Senator Watt replaced the Honourable Senator Dyck (November 24, 2014).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Unger (November 25, 2014).

The Honourable Senator Rivard replaced the Honourable Senator Maltais (November 24, 2014).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Mitchell replaced the Honourable Senator Day (November 21, 2014).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Tkachuk replaced the Honourable Senator Wells (November 25, 2014).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Dawson replaced the Honourable Senator Moore (November 21, 2014).

The Honourable Senator Johnson replaced the Honourable Senator Martin (November 20, 2014).

Standing Senate Committee on Human Rights

The Honourable Senator Hubley replaced the Honourable Senator Cowan (November 21, 2014).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Campbell replaced the Honourable Senator Fraser (November 21, 2014).

The Honourable Senator Manning replaced the Honourable Senator Greene (November 20, 2014).

Standing Senate Committee on National Finance

The Honourable Senator Rivard replaced the Honourable Senator Verner, P.C. (November 20, 2014).

Standing Senate Committee on Official Languages

The Honourable Senator McIntyre replaced the Honourable Senator Boisvenu (November 25, 2014).

The Honourable Senator Maltais replaced the Honourable Senator Rivard (November 25, 2014).

The Honourable Senator Boisvenu replaced the Honourable Senator McIntyre (November 24, 2014).

The Honourable Senator Rivard replaced the Honourable Senator Maltais (November 24, 2014).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Stewart Olsen replaced the Honourable Senator Beyak (November 20, 2014).

Standing Senate Committee on Transport and Communications

The Honourable Senator Verner, P.C., replaced the Honourable Senator Fortin-Duplessis (November 25, 2014).

The Honourable Senator Demers replaced the Honourable Senator Batters (November 25, 2014).

The Honourable Senator Batters replaced the Honourable Senator Demers (November 24, 2014).

The Honourable Senator Fortin-Duplessis replaced the Honourable Senator Verner, P.C. (November 24, 2014).