Journals of the Senate
2nd Session, 41st Parliament
Issue 103
Thursday, December 4, 2014
1:30 p.m.
The Honourable Pierre Claude Nolin, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Seth, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, Wallace, Wells
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
The Senate observed a minute of silence in memory of the victims of the tragedy at the École Polytechnique in Montreal, which occurred 25 years ago on December 6, 1989.
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Committees
The Honourable Senator Gerstein presented the following:
Thursday, December 4, 2014
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
SEVENTH REPORT
Your committee, to which was referred Bill C-8, An Act to amend the Copyright Act and the Trade-marks Act and to make consequential amendments to other Acts, has, in obedience to the order of reference of November 19, 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,
IRVING GERSTEIN
Chair
Observations to the Seventh Report of the
Standing Senate Committee on Banking, Trade and Commerce
We have studied this bill and acknowledge its important progress to address counterfeit activity in Canada. As such, the committee recommends its adoption by the Senate.
There was a positive response from witnesses that the bill improves the anti-counterfeiting regime in Canada, however some witnesses expressed concern with regard to 1) the viability of the proposed procedure that puts the burden of administrative and legal costs on brand owners rather than the importers of counterfeit goods; 2) the exclusion of "in transit'' counterfeit goods from recourse; and, 3) the substantial import of counterfeit goods via the Internet and in small mail packages.
As such, we would appreciate that the ministry review, in consultation with stakeholders, and report back to our committee of the effectiveness of our combatting counterfeit goods regime in no more than two years from the adoption of this bill.
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Raine, 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 Runciman presented the following:
Thursday, December 4, 2014
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTIETH REPORT
Your committee, to which was referred Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence), has, in obedience to the order of reference of Thursday, June 19, 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 Twentieth Report of the Standing Senate Committee on Legal and Constitutional Affairs
The committee recommends that the government also consider transferring the authority for granting escorted temporary absences for those designated as dangerous offenders to the Parole Board of Canada, in the same manner as is being proposed in Bill C-483 for those sentenced to life imprisonment as a minimum punishment.
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Mockler, 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 Day, Chair of the Standing Senate Committee on National Finance, tabled its fourteenth report (Subject-matter of Parts 1, 2, 3 and Divisions 1, 8, 13, 14, 19, 23, 25, 30 and 31 of Part 4 of Bill C-43, A second Act to implement certain provisions of the budget tabled in Parliament on February 11, 2014 and other measures).—Sessional Paper No. 2/41-992S.
The Honourable Senator Day moved, seconded by the Honourable Senator Joyal, P.C., 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.
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-45, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2015, 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 Marshall, 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.
First Reading of Commons Public Bills
A message was brought from the House of Commons with a Bill C-591, An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits), 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 Marshall, 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.
° ° °
A message was brought from the House of Commons with a Bill C-247, An Act to provide that the Department of Employment and Social Development is the main point of contact with the Government of Canada in respect of the death of a Canadian citizen or resident, 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 Marshall, 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.
Tabling of Reports from Inter-Parliamentary Delegations
The Honourable Senator Smith, P.C. (Cobourg), tabled the following:
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the 63rd Westminster Seminar on Parliamentary Practice and Procedure, held in London, United Kingdom, from June 16 to 20, 2014.—Sessional Paper No. 2/41-993.
Report of the Canadian Delegation of the Commonwealth Parliamentary Association respecting its participation at the International Parliamentary Conference Growth for Development, held in London, United Kingdom, from November 18 to 20, 2014.—Sessional Paper No. 2/41-994.
ORDERS OF THE DAY
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons to return Bill S-213, An Act respecting Lincoln Alexander Day,
And to acquaint the Senate that the Commons has passed this bill, without amendment.
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator McInnis, seconded by the Honourable Senator Enverga, for the third reading of Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act.
The question being put on the motion, 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
Order No.1 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-27, An Act to amend the Public Service Employment Act (enhancing hiring opportunities for certain serving and former members of the Canadian Forces).
The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Ogilvie, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Kenny, 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.
° ° °
Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Batters, for the second reading of Bill C-22, An Act respecting Canada's offshore oil and gas operations, enacting the Nuclear Liability and Compensation Act, repealing the Nuclear Liability Act and making 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 Martin moved, seconded by the Honourable Senator Marshall, that the bill be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources.
The question being put on the motion, it was adopted.
Reports of Committees — Other
Orders No. 1 to 7 were called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, December 8, 2014 at 6 p.m. and that rule 3-3(1) be suspended in relation thereto.
The question being put on the motion, it was adopted.
° ° °
Order No. 72 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
Senate Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Enverga, for the third reading of 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, as amended.
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 negatived.
The Senate resumed debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Enverga, for the third reading of Bill S-219, as amended.
After debate,
The Honourable Senator Cowan moved, seconded by the Honourable Senator Fraser:
That 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, as amended, be not now read a third time, but that it be referred back to the Standing Senate Committee on Human Rights for further study and report.
The question being put on the motion, it was negatived, on division.
The question was then put on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Enverga, for the third reading of 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, as amended.
With leave of the Senate, the standing vote was deferred until Monday, December 8, 2014, at the start of Orders of the Day, with the bells to sound for fifteen minutes.
Commons Public Bills — Third Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Senate Public Bills — Second Reading
Orders No. 1 and 2 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 Moore moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 4 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-225, An Act to amend the Criminal Code (physician-assisted death).
The Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Patterson, that the bill be read the second time.
After debate,
The Honourable Senator Campbell 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.
Commons Public Bills — Second Reading
Order No. 1 was called and postponed until the next sitting.
° ° °
Second reading of Bill C-520, An Act supporting non-partisan offices of agents of Parliament.
The Honourable Senator Rivard moved, seconded by the Honourable Senator Wallace, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Downe, 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 fourth report of the Standing Senate Committee on Official Languages, entitled: Seizing the Opportunity: The role of communities in a constantly changing immigration system, tabled in the Senate on December 2, 2014.
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser:
That the fourth report of the Standing Senate Committee on Official Languages, entitled Seizing the Opportunity: The role of communities in a constantly changing immigration system tabled in the Senate on Tuesday, December 2, 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 Citizenship and Immigration being identified as the minister responsible for responding to the report.
After debate,
The Honourable Senator Martin, for the Honourable Senator Fortin-Duplessis, 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.
° ° °
Consideration of the fourth report of the Committee of Selection, (Nomination of a Speaker pro tempore), presented in the Senate on December 2, 2014.
The Honourable Senator Marshall moved, seconded by the Honourable Senator Martin, that the report be adopted.
The question being put on the motion, it was adopted.
° ° °
Orders No. 3 to 5 were called and postponed until the next sitting.
Motions
Orders No. 73, 8, 55, 9, 56, 60, 66, 47, 74 and 79 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 Marshall moved, seconded by the Honourable Senator Martin, 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, 26, 18, 19, 21, 28, 13, 16, 29, 44, 14, 42, 43, 20, 41, 34, 36, 27, 33, 15 and 17 were called and postponed until the next sitting.
SPEAKER'S STATEMENT
I wish to advise you that a conflict has arisen between the time for the deferred vote on the motion relating to Bill S- 219 and the time for the Senate's sitting on Monday, December 8. According to rules 9-10(1) and (2) the vote would be at 5:30 p.m. on the next sitting day. But, under the order respecting Monday's sitting, the Senate will only sit at 6 p.m.
We must resolve the difference between these two times. It would also be preferable to bear in mind that deferred votes are normally not held at the start of the sitting, allowing senators to have sufficient time to come to the Senate Chamber without difficulty.
Taking into account these factors, this situation can be resolved by holding the deferred vote at the start of the Orders of the Day on Monday, that is to say after Question Period. This solution balances the different provisions of the Rules and the decisions of the Senate, while also allowing senators to be present for the vote.
The deferred vote will therefore be held on Monday at the start of the Orders of the Day.
MOTIONS
The Honourable Senator Mockler moved, seconded by the Honourable Senator MacDonald:
That, notwithstanding the order of the Senate adopted on Thursday, June 12, 2014, the date for the final report of the Standing Senate Committee on Agriculture and Forestry in relation to its study on the importance of bees and bee health in the production of honey, food and seed in Canada be extended from December 31, 2014 to May 31, 2015.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Meredith:
That the Standing Senate Committee on Human Rights have the power to sit at 6 p.m. on Monday, December 8, 2014, 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, it was adopted.
° ° °
The Honourable Senator Tardif moved, seconded by the Honourable Senator Fraser:
That the Standing Senate Committee on Official Languages have the power to sit on Monday, December 8, 2014, 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, it was adopted.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Summaries of the Corporate Plan and Borrowing Plan for 2014-2015 to 2018-2019 and of the Operating and Capital Budgets for 2014-2015 of the Canadian Commercial Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-989.
Summaries of the Corporate Plan and Operating and Capital Budgets for 2014-2015 to 2018-2019 of the Canadian Museum of Immigration at Pier 21, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-990.
Summaries of the Corporate Plan for 2014-2015 to 2018-2019 and of the Operating and Capital Budgets for 2014- 2015 of the National Gallery of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/41-991.
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 5:31 p.m. the Senate was continued until Monday, December 8, 2014, at 6 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Housakos was added to the membership (December 4, 2014).