Journals of the Senate
2nd Session, 41st Parliament
Issue 133
Tuesday, April 21, 2015
2:00 p.m.
The Honourable Leo Housakos, Speaker pro tempore
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Boisvenu, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Runciman, Seidman, Sibbeston, Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, 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, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Demers, *Downe, Doyle, Eaton, Eggleton, Enverga, Fortin-Duplessis, Fraser, Frum, Furey, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Johnson, Joyal, Kenny, Lang, LeBreton, Lovelace Nicholas, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Meredith, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, *Rivard, Runciman, Seidman, Sibbeston, Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Unger, Verner, 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
SENATORS' STATEMENTS
Some Honourable Senators made statements.
ROUTINE PROCEEDINGS
Presenting or Tabling Reports from Committees
The Honourable Senator Gerstein presented the following:
Tuesday, April 21, 2015
The Standing Senate Committee on Banking, Trade and Commerce has the honour to present its
NINTH REPORT
Your committee, to which was referred Bill S-202, An Act to amend the Payment Card Networks Act (credit card acceptance fees), has, in obedience to the order of reference of Tuesday, March 25, 2014, examined the said bill and now reports as follows:
Your committee believes there is a necessity to have fairness in the realm of credit card acceptance fees. Lower fees can reduce the burden on merchants, especially those of small and medium sized businesses.
Your committee understands the motives underlying Bill S-202's approach and applauds the bill's sponsor for her commitment in bringing the bill before Parliament and for her valuable contributions to your committees' deliberations.
Pursuant to rule 12-23(5), your committee recommends that this bill not be proceeded with further in the Senate for the reasons that follow.
In 2010, a Code of Conduct for the Credit and Debit Card Industry in Canada was released by the government to promote merchant choice, transparency and fairness in the credit market. The government was confident that industry would adopt the code voluntarily, which it did. The Minister of Finance, at the time, also indicated that the government maintained the legal authority to regulate the industry if necessary.
Appearing before the committee, Department of Finance officials reiterated the support that merchants and merchant associations expressed with the implementation of the Code of Conduct.
On November 4, 2014, Visa and MasterCard submitted separate and individual voluntary proposals to the Department of Finance committing to: reduce their respective credit card interchange fees for consumer cards to an average effective rate of 1.50% for a period of five years, ensure that all merchants receive a reduction in credit card fees, provide a greater reduction for small and medium sized enterprises and charities, and require annual verification by an independent third party to ensure compliance.
As changes to the Canadian credit card industry are continually unfolding in a voluntary manner, it is the opinion of the majority of the committee that government intervention is unnecessary at this time.
Respectfully submitted,
IRVING GERSTEIN
Chair
The Honourable Senator Gerstein moved, seconded by the Honourable Senator Eaton, 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, on division.
Notices of Motions
With leave of the Senate,
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Unger:
That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5 p.m. on Tuesday, April 21, 2015, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.
After debate,
The question being put on the motion, it was adopted.
ANSWERS TO WRITTEN QUESTIONS
Pursuant to rule 4-10(2), the Honourable Senator Martin, tabled the following:
Reply to Question No. 5, dated October 17, 2013, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Callbeck, respecting the Financial Consumer Agency of Canada.—Sessional Paper No. 2/41- 1137S.
Reply to Question No. 26, dated April 7, 2014, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the War Veterans Allowance program.—Sessional Paper No. 2/41-1138S.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third 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 Bellemare, 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.
° ° °
Third 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 Runciman, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Ringuette, that Bill C-32 be not now read a third time, but that it be amended
(a) in clause 2, on page 8,
(i) by adding after line 7 the following:
"(2.1) The authority referred in subsection (2) must have power
(a) to compel the federal department, agency or body to produce information and documents relevant to a complaint; and
(b) to make recommendations and orders to remedy specific or systemic infringements or denials of rights under this Act.'', and
(ii) by deleting lines 31 to 36; and
(b) in clause 24,
(i) on page 22, by deleting lines 38 and 39,
(ii) on page 23, by deleting, lines 1 to 7.
The Honourable Senator Fraser moved, seconded by the Honourable Senator Tardif, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Bills — Second Reading
Resuming debate on the motion of the Honourable Senator Dagenais, seconded by the Honourable Senator Maltais, for the second reading of Bill C-2, An Act to amend the Controlled Drugs and Substances Act.
After debate,
The Honourable Senator Hubley 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. 2 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.
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 — Reports of Committees
Order No. 1 was called and postponed until the next sitting.
° ° °
Consideration of the nineteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-208, An Act to establish the Canadian Commission on Mental Health and Justice, with a recommendation), presented in the Senate on April 1, 2015.
The Honourable Senator Frum moved, seconded by the Honourable Senator Dagenais, that the report be adopted.
After debate,
The Honourable 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.
Commons 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 4 were called and postponed until the next sitting.
° ° °
Second reading of Bill C-518, An Act to amend the Members of Parliament Retiring Allowances Act (withdrawal allowance).
The Honourable Senator Frum moved, seconded by the Honourable Senator Demers, that the bill be read the second time.
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.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-12, An Act to amend the Corrections and Conditional Release Act, 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.
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 4:14 p.m. the Senate was continued until tomorrow at 1:30 p.m.)
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Agreements respecting Biology Casework Analysis between the RCMP and the provinces of Manitoba and British Columbia, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/41-1132.
Report of the Canadian Wheat Board, together with the Auditors' Report, for the crop year ended July 31, 2014, pursuant to the Canadian Wheat Board (Interim Operations) Act, S.C. 2011, c. 25, s. 14 "21(2)''.—Sessional Paper No. 2/41-1133.
Comprehensive Review Report of the Canada Small Business Financing Act for 2009-2014, pursuant to the Canada Small Business Financing Act, S.C. 1998, c. 36, ss. 19 and 20.—Sessional Paper No. 2/41-1134.
Copy of Order in Council P.C. 2015-415 dated April 1, 2015, concerning the supplementary convention intended to amend the Convention between Canada and New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, pursuant to the Canada-New Zealand and Canada-Australia Income Tax Convention Act, 1980, S.C. 1980-81-82-83, c. 56, sbs. 9(1).—Sessional Paper No. 2/41-1135.
Interim Order No. 2 Respecting Flights Deck Occupants (81100-3-38-1), dated April 10, 2015, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 2/41-1136.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Watt replaced the Honourable Senator Dyck (April 20, 2015).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Ringuette was added to the membership (April 20, 2015).
Standing Joint Committee on the Library of Parliament
The Honourable Senator Charette-Poulin was removed from the membership of the committee, substitution pending (April 17, 2015).
Standing Senate Committee on National Finance
The Honourable Senator Maltais replaced the Honourable Senator Rivard (April 21, 2015).
Standing Senate Committee on National Security and Defence
The Honourable Senator Beyak replaced the Honourable Senator Runciman (April 2, 2015).
Standing Senate Committee on Official Languages
The Honourable Senator Charette-Poulin was removed from the membership of the committee, substitution pending (April 17, 2015).
Standing Committee on Rules, Procedures and the Rights of Parliament
The Honourable Senator Ataullahjan replaced the Honourable Senator Martin (April 20, 2015).