Journals of the Senate
2nd Session, 41st Parliament
Issue 104
Monday, December 8, 2014
6:00 p.m.
The Honourable Pierre Claude Nolin, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Patterson, Plett, Raine, Ringuette, Rivard, Runciman, Seidman, Seth, Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Chaput, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Day, Demers, Downe, Doyle, Dyck, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Merchant, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Ngo, Nolin, Patterson, Plett, Raine, Ringuette, Rivard, Runciman, Seidman, Seth, Stewart Olsen, Tannas, Tardif, Unger, Verner, Wallace, 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
ROUTINE PROCEEDINGS
Introduction and First Reading of Government Bills
A message was brought from the House of Commons with a Bill C-47, An Act 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, 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.
ORDERS OF THE DAY
DEFFERED VOTE
At 6:33 p.m., pursuant to the Order adopted December 4, 2014, the Senate proceeded to the taking of the deferred standing vote 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.
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Boisvenu, Carignan, Dagenais, Day, Demers, Doyle, Eaton, Enverga, Fortin-Duplessis, Frum, Greene, Housakos, Johnson, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Meredith, Mockler, Nancy Ruth, Ngo, Patterson, Plett, Raine, Rivard, Runciman, Seidman,Seth Stewart Olsen, Tannas, Unger, Verner, Wallace, White—45
NAYS
The Honourable Senators
Eggleton, Furey, Hervieux-Payette, Joyal—4
ABSTENTIONS
The Honourable Senators
Cools, Cordy, Cowan, Downe, Fraser, Hubley, Jaffer, Lovelace Nicholas, Massicotte, Mitchell, Moore, Munson, Ringuette, Tardif—14
Accordingly, Bill S-219, as amended, was read the third time and passed.
Ordered, That the Clerk do go down to the House of Commons and acquaint that House that the Senate has passed this bill, to which it desires its concurrence.
GOVERNMENT BUSINESS
Bills — Third Reading
Third 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 Black moved, seconded by the Honourable Senator Runciman, that the bill be read the third time.
After debate,
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.
Bills — Second Reading
Orders No. 1 to 3 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 8 were called and postponed until the next sitting.
Motions
Ordered, That order number 72 be discharged from the Order Paper.
° ° °
The Honourable Senator Martin moved, seconded by the Honourable Senator Stewart Olsen:
That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:
1. Canada Grain Act, R.S., c. G-10:
-paragraphs (d) and (e) of the definition "elevator'' in section 2 and subsections 55(2) and (3);
2. Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp):
-Parts II and III;
3. Contraventions Act, S.C. 1992, c. 47:
-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;
4. Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17:
-sections 17 and 18;
5. Canada Marine Act, S.C. 1998, c. 10:
-section 140;
6. An Act to amend the Canada Grain Act and the Agriculture and Agri-Food Administrative Monetary Penalties Act and to repeal the Grain Futures Act, S.C. 1998, c. 22:
-subsection 1(3) and sections 5, 9, 13 to 15, 18 to 23 and 26 to 28;
7. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;
8. Preclearance Act, S.C. 1999, c. 20:
-section 37;
9. Public Sector Pension Investment Board Act, S.C. 1999, c. 34:
-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;
10. Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:
-sections 89 and 90, subsections 107(1) and (3) and section 109;
11. Marine Liability Act, S.C. 2001, c. 6:
-section 45;
12. Yukon Act, S.C. 2002, c. 7:
-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;
13. An Act to amend the Criminal Code (firearms) and the Firearms Act, S.C. 2003, c. 8:
-section 23;
14. An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:
-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;
15. Assisted Human Reproduction Act, S.C. 2004, c. 2:
-sections 12 and 45 to 58;
16. Public Safety Act, 2002, S.C. 2004, c. 15:
-sections 40, 78, 105 and 106; and
17. Amendments and Corrections Act, 2003, S.C. 2004, c. 16:
-sections 10 to 17 and 25 to 27.
After debate,
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
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.
° ° °
Third reading of Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence).
The Honourable Senator MacDonald moved, seconded by the Honourable Senator Wallace, that the bill be read the third time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Baker, P.C., 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.
Senate Public Bills — Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Commons Public Bills — Second Reading
Orders No. 1 to 4 were called and postponed until the next sitting.
Reports of Committees — Other
Orders No. 1 to 4 were called and postponed until the next sitting.
Motions
Orders No. 62, 73, 8, 55, 9, 56, 60, 66, 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 Day:
That the Standing Senate Committee on Agriculture and Forestry be authorized to study the following:
The assessment and appeals process of the Canadian Agricultural Income Stabilization Program (CAIS), including the replacement programs; AgriStability and AgriInvest;
The definition, including legal precedent and regulatory framework, and application of the terms "arm's length salaries'' and "non-arm's length salaries'' as used by CAIS and related programs, as well as a comparison of those definitions and the application used by Revenue Canada and Employment and Social Development Canada; and
That the Committee submit its final report no later than March 31, 2015, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Stewart Olsen, 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.
MOTIONS
The Honourable Senator Day moved, seconded by the Honourable Senator Moore:
That, notwithstanding the order of the Senate adopted on Tuesday, November 19, 2013, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study on the services and benefits provided to members of the Canadian Forces; to veterans who have served honourably in Her Majesty's Canadian Armed Forces in the past; to members and former members of the Royal Canadian Mounted Police and its antecedents; and all of their families, be extended from December 19, 2014 to December 31, 2015.
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 for 2014-2018 and of the Operating and Capital Budgets for 2014 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/ 41-995.
Agreements for RCMP policing services (First Nations Community Policing Service) for the province of Alberta, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-996.
Report of Statistics Canada on corporations for the year 2012, pursuant to the Corporations Returns Act, R.S.C. 1985, c. C-43, sbs. 22(1).—Sessional Paper No. 2/41-997.
Report of the Canada Foundation for Innovation, together with the Auditors' Report, for the fiscal year ended March 31, 2014, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 2/ 41-998.
Report of the National Research Council of Canada for the fiscal year ended March 31, 2014, pursuant to the National Research Council Act, R.S.C. 1985, c. N-15, s. 17.—Sessional Paper No. 2/41-999.
ADJOURNMENT
The Honourable Senator Martin moved, seconded by the Honourable Senator Nancy Ruth:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 8:35 p.m. the Senate was continued until tomorrow at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Human Rights
The Honourable Senator Tannas replaced the Honourable Senator Frum (December 8, 2014).
The Honourable Senator Frum replaced the Honourable Senator Tannas (December 4, 2014).
Standing Senate Committee on National Security and Defence
The Honourable Senator Enverga replaced the Honourable Senator Ngo (December 4, 2014).
Standing Senate Committee on Official Languages
The Honourable Senator Mockler replaced the Honourable Senator Poirier (December 8, 2014).