Journals of the Senate
2nd Session, 41st Parliament
Issue 156
Friday, June 19, 2015
9:00 a.m.
The Honourable Leo Housakos, Speaker
The Members convened were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, Watt, Wells, White
The Members in attendance to business were:
The Honourable Senators
Andreychuk, Ataullahjan, Baker, Batters, Bellemare, Beyak, Black, Campbell, Carignan, Chaput, Cools, Cordy, Cowan, Dagenais, Dawson, Day, Downe, Doyle, Dyck, Eaton, Enverga, Fortin-Duplessis, Fraser, Gerstein, Greene, Hervieux-Payette, Housakos, Hubley, Jaffer, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, Massicotte, McInnis, McIntyre, Merchant, Mitchell, Mockler, Moore, Munson, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Ringuette, Rivard, Runciman, Seidman, Sibbeston, Smith (Cobourg), Smith (Saurel), Stewart Olsen, Tannas, Tardif, Tkachuk, 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.
Tributes
Tribute was paid to the Honourable Senator LeBreton, P.C., who will retire from the Senate on July 4, 2015.
Senators' Statements
Some Honourable Senators made statements.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures.
The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Doyle, that the bill be read the third time.
After debate,
In amendment, the Honourable Senator Moore moved, seconded by the Honourable Senator Dyck, that the bill be not now read a third time, but that it be amended on pages 135 and 136 by deleting Division 18.
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Ringuette moved, seconded by the Honourable Senator Moore, that the bill be not now read a third time but that it be amended as follows:
That Divisions 19 and 20 be removed.
The question being put on the motion in amendment of the Honourable Senator Moore moved, seconded by the Honourable Senator Dyck, that the bill be not now read a third time, but that it be amended on pages 135 and 136 by deleting Division 18, it was negatived on the following vote:
YEAS
The Honourable Senators
Campbell, Cools, Cordy, Cowan, Dawson, Day, Fraser, Hervieux-Payette, Jaffer, Massicotte, Mitchell, Moore, Munson, Ringuette, Sibbeston, Smith (Cobourg)—16
NAYS
The Honourable Senators
Andreychuk, Ataullahjan, Batters, Bellemare, Beyak, Black, Dagenais, Doyle, Eaton, Enverga, Fortin-Duplessis, Gerstein, Greene, Lang, LeBreton, MacDonald, Maltais, Manning, Marshall, Martin, McInnis, McIntyre, Mockler, Nancy Ruth, Neufeld, Ngo, Ogilvie, Oh, Patterson, Plett, Poirier, Raine, Rivard, Runciman, Seidman, Smith (Saurel), Stewart Olsen, Tkachuk, Wells, White—40
ABSTENTIONS
The Honourable Senators
Nil
The question was then put on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator Moore, that the bill be not now read a third time but that it be amended as follows:
That Divisions 19 and 20 be removed.
Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting of the Senate, with the bells to sound at 5:15 p.m. for fifteen minutes.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with a Bill C-72, An Act to amend the Canada National Parks Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
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 at the next sitting.
The question being put on the motion, it was adopted.
° ° °
A message was brought from the House of Commons with a Bill C-64, An Act to amend the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act, to which it desires the concurrence of the Senate.
The bill was read the first time.
With leave of the Senate,
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 at the next sitting.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
GOVERNMENT BUSINESS
Bills — Third Reading
Third reading of Bill C-35, An Act to amend the Criminal Code (law enforcement animals, military animals and service animals).
The Honourable Senator McIntyre moved, seconded by the Honourable Senator White, 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
Resuming debate on the motion of the Honourable Senator Beyak, seconded by the Honourable Senator Batters, for the second reading of Bill C-61, An Act to amend the Canada National Marine Conservation Areas Act.
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 Beyak, 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
Consideration of the twenty-second report of the Standing Senate Committee on National Finance (Subject matter of Bill C-59, An Act to implement certain provisions of the budget tabled in Parliament on April 21, 2015 and other measures), tabled in the Senate on June 11, 2015.
The Honourable Senator Day moved, seconded by the Honourable Senator Ringuette, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
° ° °
Orders No. 2 to 7 were called and postponed until the next sitting.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Other
Order No. 2 was called and postponed until the next sitting.
OTHER BUSINESS
Ordered, That Order No.2 under Reports of Committees— Other, placed on the Orders of the Day for consideration later this day, be brought forward.
Consideration of the sixth report (interim) of the Standing Senate Committee on Official Languages entitled: Aiming Higher: Increasing Bilingualism of our Canadian Youth, tabled in the Senate on June 16, 2015.
The Honourable Senator Fortin-Duplessis moved, seconded by the Honourable Senator Dagenais:
That the sixth report of the Standing Senate Committee on Official Languages entitled Aiming Higher: Increasing bilingualism of our Canadian Youth, tabled in the Senate on Tuesday, June 16, 2015, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Canadian Heritage and Official Languages being identified as minister responsible for responding to the report.
After debate,
The question being put on the motion, it was adopted.
With leave of the Senate,
The Honourable Senator Neufeld moved, seconded by the Honourable Senator Andreychuk:
That, for the purposes of its consideration of government bills, the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit on Monday, June 22, 2015 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.
Commons Public Bills — Third Reading
Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms).
After debate,
In amendment, the Honourable Senator Wells moved, seconded by the Honourable Senator Batters, that the bill be not now read a third time, but that it be amended in clause 4, on page 2, by adding, after line 33, the following:
"49.21 Section 49.2 does not apply to the leader of a party.''.
After debate,
A point of order was raised with respect to acceptability of the amendment.
Debate.
Ordered: That the sitting be suspended, to reassemble at the call of the Chair with a five minute bell.
(Accordingly, at 2:40 p.m., the sitting was suspended.)
At 3:00 p.m., the sitting resumed.
SPEAKER'S PRO TEMPORE RULING
I have reviewed the text of the motion in amendment of the Honourable Senator Wells and would like to address the point of order raised by the Honourable Senator Cools.
While it may not appear intuitive, the number "49.21'' that appears in the text of the amendment is, in fact, correct.
This amendment proposes to enact a new section in clause 4 of the bill between Section 49.2 and 49.3 of the Parliament of Canada Act which the bill seeks to amend. This amendment does not seek to create a subsection of 49.2.
The enumeration used in federal legislative drafting standards in such a case is to use the number of the preceding section and add a "1'' to the end. The standard was followed.
Therefore, Senator Cools' point of order is not founded.
Debate on the amendment may proceed.
Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Oh, for the third reading of Bill C-586, An Act to amend the Canada Elections Act and the Parliament of Canada Act (candidacy and caucus reforms);
And on the motion in amendment of the Honourable Senator Wells, seconded by the Honourable Senator Batters, that the bill be not now read a third time, but that it be amended in clause 4, on page 2, by adding, after line 33, the following:
"49.21 Section 49.2 does not apply to the leader of a party.''.
After debate,
Pursuant to rules 9-10(2) and 9-10(6), a standing vote was deferred until the next sitting, to follow the deferred standing vote on the amendment to Bill C-59.
° ° °
Third reading of Bill C-627, An Act to amend the Railway Safety Act (safety of persons and property).
The Honourable Senator Plett moved, seconded by the Honourable Senator LeBreton, P.C., 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.
Senate Public Bills — Reports of Committees
Orders No. 1 and 2 were called and postponed until the next sitting.
° ° °
Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Dagenais, for the adoption 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 Fraser, for the Honourable Senator Cowan, 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.
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 7 were called and postponed until the next sitting.
° ° °
Second reading of Bill S-230, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).
The Honourable Senator Moore moved, seconded by the Honourable Senator Day, that the bill be read the second time.
After debate,
The Honourable Senator Andreychuk, for the Honourable Senator Johnson, moved, seconded by the Honourable Senator Tkachuk, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Pursuant to rule 9-10(4), the deferred standing vote scheduled for today at 5:30 p.m. on Bill C-377 was further deferred to the next sitting of the Senate, to follow the deferred standing vote on Bill C-586.
Ordered, That Motion No. 142 standing in the name of the Honourable Senator Jaffer on the Notice Paper be brought forward.
MOTIONS
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy:
That, notwithstanding the orders of the Senate adopted on Tuesday, May 6, 2014, and Thursday, December 11, 2014, the date for the final report of the Standing Senate Committee on Human Rights in relation to its examination of how the mandates and practices of the UNHCR and UNICEF have evolved to meet the needs of displaced children in modern conflict situations, with particular attention to the current crisis in Syria, be extended from June 30, 2015 to December 31, 2015; and
That, pursuant to rule 12-18(2)(b)(i), the Standing Senate Committee on Human Rights be authorized to sit between Monday, June 22, 2015 and Friday, September 4, 2015, inclusive, even though the Senate may then be adjourned for a period exceeding one week; and
That the Standing Senate Committee on Human Rights be permitted, between June 22, 2015 and September 4, 2015 and notwithstanding usual practices, to deposit with the Clerk of the Senate a report, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
° ° °
Ordered, That Motion No. 141 standing in the name of the Honourable Senator Andreychuk on the Notice Paper be brought forward.
The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk:
That the Standing Senate Committee on Foreign Affairs and International Trade be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study of the Security conditions and economic developments in the Asia-Pacific region between June 22, 2015 and September 4, 2015, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
° ° °
Ordered, That Motion No. 143 standing in the name of the Honourable Senator Lang on the Notice Paper be brought forward.
The Honourable Senator Lang moved, seconded by the Honourable Senator Maltais:
That the Standing Senate Committee on National Security and Defence be permitted, notwithstanding the usual practices, to deposit with the Clerk of the Senate a report relating to its study on security threats facing Canada, from June 22, 2015 to August 31, 2015, if the Senate is not then sitting; and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
° ° °
Ordered, That Motion No. 144 standing in the name of the Honourable Senator Lang on the Notice Paper be brought forward.
The Honourable Senator Lang moved, seconded by the Honourable Senator Maltais:
That, pursuant to rule 12-18(2)(b)(i), the Standing Senate Committee on National Security and Defence be authorized to sit from Monday, June 22, 2015 to Friday, July 31, 2015, inclusive, even though the Senate may then be adjourned for a period exceeding one week.
The question being put on the motion, it was adopted.
° ° °
Ordered, That Motion No. 145 standing in the name of the Honourable Senator Jaffer on the Notice Paper be brought forward.
The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy:
That the Standing Senate Committee on Human Rights be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study to monitor issues relating to human rights and, inter alia, to review the machinery of government dealing with Canada's international and national human rights obligations between June 22, 2015 and September 4, 2015, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.
The question being put on the motion, it was adopted.
ORDERS OF THE DAY
OTHER BUSINESS
Senate Public Bills — Second Reading
Order No. 9 was called and postponed until the next sitting.
° ° °
Second reading of Bill S-232, An Act to amend the Royal Canadian Mounted Police Act (Civilian Review and Oversight Council for the Royal Canadian Mounted Police and the Royal Canadian Mounted Police Ombudsperson) and to make consequential amendments to other Acts.
The Honourable Senator Mitchell moved, seconded by the Honourable Senator Day, that the bill be read the second time.
Debate.
At 4 p.m., pursuant to rule 3-4, the Speaker declared the Senate adjourned until Monday, June 22, 2015, at 2 pm.
REPORTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7):
Reports of the Economic Development Agency of Canada for the Regions of Quebec for the fiscal year ended March 31, 2015, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 2/41-1292.
Report on Canada's activities as a Member Nation of the Food and Agriculture Organization of the United Nations for the fiscal year ended March 31, 2015, pursuant to the Food and Agriculture Organization of the United Nations Act, R.S. 1985, c. F-26, s. 4. —Sessional Paper No. 2/41-1293.
Report of the Canada Foundation for Sustainable Development Technology (including the Supplement and Executive Summary of the Corporate Plan for 2015), together with the Auditors' Report, for the year 2014, pursuant to the Canada Foundation for Sustainable Development Technology Act, S.C. 2001, c. 23, sbs. 30(3).—Sessional Paper No. 2/41-1294.