Journals of the Senate
2nd Session, 41st Parliament
Issue 122
Thursday, February 26, 2015
1:30 p.m.
The Honourable Pierre Claude Nolin, Speaker
The Members convened were:
The Honourable Senators
Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, Day, Doyle, Dyck, Eggleton, Enverga, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, Patterson, Plett, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Saurel), Stewart Olsen, Unger, Verner, Wallace, Wells, White
The Members in attendance to business were:
The Honourable Senators
*Andreychuk, *Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Charette-Poulin, Cools, Cordy, Cowan, Dagenais, *Dawson, Day, *Demers, *Downe, Doyle, Dyck, *Eaton, Eggleton, Enverga, *Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McCoy, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Nolin, Ogilvie, *Oh, Patterson, Plett, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, *Smith (Cobourg), Smith (Saurel), Stewart Olsen, 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 Runciman presented the following:
Thursday, February 26, 2015
The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its
TWENTY-FOURTH REPORT
Your committee, to which was referred Bill C-279, An Act to amend the Canadian Human Rights Act and the Criminal Code (gender identity), has, in obedience to the order of reference of Thursday, June 5, 2014, examined the said bill and now reports the same with the following amendments:
1. Clause 1, on page 1:
(a) Replace line 6 with the following:
"2. The purpose of this Act is to extend''; and
(b) delete lines 23 to 27.
2. Clause 2, on page 2:
(a) Replace line 1 with the following:
"2. Subsection 3(1) of the Act is re-''; and
(b) delete lines 11 to 14.
3. New Clause 2.1, page 2: Add after line 14 the following:
"2.1 Subsection 15(1) of the Act is amended by striking out "or'' after paragraph (f) and by adding the following after that paragraph:
(f.1) in the circumstances described in section 5 or 6 in respect of any service, facility, accommodation or premises that is restricted to one sex only — such as a correctional facility, crisis counselling facility, shelter for victims of abuse, washroom facility, shower facility or clothing changing room — the practice is undertaken for the purpose of protecting individuals in a vulnerable situation; or''.
4. Clause 3, on page 2: Replace lines 17 to 24 with the following:
"(4) In this section, "identifiable group'' means any section of the''.
5. Clause 4:
(a) On page 2,
(i) replace line 28 with the following:
"4. Subparagraph 718.2(a)(i) of the Act'', and
(ii) delete lines 36 to 38; and
(b) on page 3, delete lines 1 and 2.
6. New Clause 4.1, page 3: Add after line 2 the following:
"COORDINATING AMENDMENT
4.1 On the first day on which both section 12 of the Protecting Canadians from Online Crime Act, chapter 31 of the Statutes of Canada, 2014, and section 3 of this Act are in force, subsection 318(4) of the Criminal Code is replaced by the following:
(4) In this section, "identifiable group'' means any section of the public distinguished by colour, race, religion, national or ethnic origin, age, sex, gender identity, sexual orientation, or mental or physical disability.''.
7. Clause 5, page 3: Replace line 3 with the following:
"5. This Act, other than section 4.1, comes into force 30 days after''.
Respectfully submitted,
BOB RUNCIMAN
Chair
The Honourable Senator Runciman moved, seconded by the Honourable Senator Wallace, 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.
° ° °
The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented its twenty-fifth report (Bill C-452, An Act to amend the Criminal Code (exploitation and trafficking in persons), without amendment).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Runciman, 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.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Manning, for the third 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, 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 White, seconded by the Honourable Senator McIntyre, for the second reading of Bill C-44, An Act to amend the Canadian Security Intelligence Service Act and other Acts.
The question being put on the motion, it was adopted, on division.
The bill was then read the second time, on division.
The Honourable Senator White moved, seconded by the Honourable Senator McIntyre, 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.
° ° °
Second reading of Bill C-21, An Act to control the administrative burden that regulations impose on businesses.
The Honourable Senator Black moved, seconded by the Honourable Senator Wells, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Massicotte, 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.
° ° °
Second reading of Bill C-32, An Act to enact the Canadian Victims Bill of Rights and to amend certain Acts.
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Mockler, that the bill be read the second time.
After debate,
The Honourable Senator Fraser, for the Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Munson, 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
Order No. 1 was called and postponed until the next sitting.
Motions
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That the Standing Joint Committee on the Library of Parliament be authorized to examine and report upon the expenditures set out in Library of Parliament Vote 1c of the Supplementary Estimates (C) for the fiscal year ending March 31, 2015; and
That a message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald:
That the Standing Joint Committee on the Library of Parliament be authorized to examine and report upon the expenditures set out in Library of Parliament Vote 1 of the Main Estimates for the fiscal year ending March 31, 2016; and
That a message be sent to the House of Commons to acquaint that House accordingly.
The question being put on the motion, it was adopted.
° ° °
The Honourable Senator Martin moved, seconded by the Honourable Senator Marshall:
That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Main Estimates for the fiscal year ending March 31, 2016, with the exception of Library of Parliament Vote 1.
The question being put on the motion, it was adopted.
° ° °
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 Tuesday, March 10, 2015 at 2 p.m.
The question being put on the motion, it was adopted, on division.
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
Ordered, That Orders No. 6 and 7 under Reports of Committees — Other, be brought forward.
Consideration of the eleventh report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Supplementary Estimates (C) 2014-2015) presented in the Senate on February 24, 2015.
The Honourable Senator Furey moved, seconded by the Honourable Senator Eggleton, P.C., that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Consideration of the twelfth report of the Standing Committee on Internal Economy, Budgets and Administration (Senate budget for 2015-2016), presented in the Senate on February 25, 2015.
The Honourable Senator Furey moved, seconded by the Honourable Senator Eggleton, P.C., that the report be adopted.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Moore, 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 — Third Reading
Third reading of Bill C-479, An Act to amend the Corrections and Conditional Release Act (fairness for victims).
The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Rivard, that the bill be read the third time.
After debate,
The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Cordy, 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 — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
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 3 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-591, An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits).
The Honourable Senator Wallace moved, seconded by the Honourable Senator Patterson, that the bill be read the second time.
After debate,
The Honourable Senator Fraser moved, seconded by the Honourable Senator Munson, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
° ° °
Order No. 5 was called and postponed until the next sitting.
Reports of Committees — Other
Consideration of the eighth report of the Standing Senate Committee on Fisheries and Oceans (supplementary budget—study on the regulation of aquaculture, current challenges and future prospects for the industry in Canada), presented in the Senate on February 19, 2015.
The Honourable Senator Manning moved, seconded by the Honourable Senator Batters, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 4 were called and postponed until the next sitting.
° ° °
Consideration of the eleventh report of the Standing Senate Committee on National Security and Defence (budget—study on Security threats facing Canada—power to hire staff and to travel), presented in the Senate on February 24, 2015.
The Honourable Senator Lang moved, seconded by the Honourable Senator Smith (Saurel), that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
Motions
Orders No. 73, 8, 55, 9, 56, 60, 66, 47, 74, 79 and 62 were called and postponed until the next sitting.
Inquiries
Orders No. 28, 13, 41, 44, 14, 42 and 43 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Plett, calling the attention of the Senate to the decisions made by certain provinces' law societies to deny accreditation to Trinity Western University's proposed new law school.
After debate,
The Honourable Senator Martin, for the Honourable Senator Runciman, moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
WRITTEN DECLARATION OF ROYAL ASSENT
At 4:01 p.m. the Honourable the Speaker informed the Senate that the following communication had been received:
RIDEAU HALL
February 26, 2015
Mr. Speaker:
I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 26th day of February, 2015, at 3:20 p.m.
Yours sincerely,
Stephen Wallace
Secretary to the Governor General
The Honourable
The Speaker of the Senate
Ottawa
Schedule
Bills Assented To
Thursday, February 26, 2015
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 (Bill C-47, Chapter 3, 2015)
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 (Bill C-22, Chapter 4, 2015)
ORDERS OF THE DAY
OTHER BUSINESS
Inquiries
Orders No. 29, 20, 36 and 27 were called and postponed until the next sitting.
° ° °
Resuming debate on the inquiry of the Honourable Senator Dallaire, calling the attention of the Senate to the clear and present links between the genocide in Rwanda and the crisis in the Central African Republic today.
Debate concluded.
° ° °
Orders No. 45, 34, 15 and 17 were called and postponed until the next sitting.
° ° °
Orders No. 26 and 18 were called and, pursuant to rule 4-15(2), dropped from the Order Paper.
° ° °
Resuming debate on the inquiry of the Honourable Senator Nolin, calling the attention of the Senate to its role in parliamentary diplomacy.
The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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 Mercer, calling the attention of the Senate to Senate Reform and how the Senate and its Senators can achieve reforms and improve the function of the Senate by examining the role of Senators in their Regions.
The Honourable Senator Hubley moved, seconded by the Honourable Senator Munson, that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
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 4:22 p.m. the Senate was continued until Tuesday, March 10, 2015, at 2 p.m.)
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Agriculture and Forestry
The Honourable Senator Oh replaced the Honourable Senator McIntyre (February 26, 2015).
The Honourable Senator McIntyre replaced the Honourable Senator Oh (February 26, 2015).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Tkachuk replaced the Honourable Senator Patterson (February 26, 2015).
The Honourable Senator Patterson replaced the Honourable Senator Tkachuk (February 25, 2015).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Tkachuk replaced the Honourable Senator Bellemare (February 26, 2015).
The Honourable Senator Fraser replaced the Honourable Senator Downe (February 25, 2015).
The Honourable Senator Bellemare replaced the Honourable Senator Tkachuk (February 25, 2015).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Joyal, P.C., replaced the Honourable Senator Mitchell (February 25, 2015).
The Honourable Senator Boisvenu replaced the Honourable Senator Manning (February 25, 2015).
Standing Joint Committee for the Scrutiny of Regulations
The Honourable Senator Meredith replaced the Honourable Senator Stewart Olsen (February 26, 2015).
The Honourable Senator Stewart Olsen replaced the Honourable Senator Meredith (February 25, 2015).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Moore replaced the Honourable Senator Chaput (February 25, 2015).
Standing Senate Committee on Transport and Communications
The Honourable Senator Unger replaced the Honourable Senator Dagenais (February 26, 2015).