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Journals of the Senate

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 116 (Revised)

Thursday, May 4, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCampbellChristmasCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGoldGreeneHarderHartlingHousakosJafferJoyalLangMaltaisManningMarshallMartinMarwahMcCoyMcInnisMcIntyreMégieMercerMitchellMoncionMunsonNgoOgilvieOhOmidvarPatePetitclercPlettPratteRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyak*Black (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellChristmasCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagné*GalvezGoldGreeneHarderHartlingHousakosJafferJoyalLang*MacDonaldMaltaisManningMarshallMartinMarwah*MassicotteMcCoyMcInnisMcIntyreMégieMercerMitchell*MocklerMoncionMunson*NeufeldNgoOgilvieOhOmidvarPate*PattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

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

ROYAL ASSENT

At 1:31 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

May 4th, 2017

Mr. Speaker:

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 4th day of May, 2017, at 11:30 a.m.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bills Assented To

Thursday, May 4, 2017

An Act to prohibit and prevent genetic discrimination (Bill S-201, Chapter 3, 2017)

An Act to amend the Controlled Drugs and Substances Act (assistance — drug overdose) (Bill C-224, Chapter 4, 2017)

Senators’ Statements

Some Honourable Senators made statements.

Question Period

The Senate proceeded to Question Period.

COMMITTEE OF THE WHOLE

At 2:11 p.m., pursuant to the order adopted on May 2, 2017, the Senate was suspended during pleasure and resolved into a Committee of the Whole in order to receive Mr. Patrick Borbey respecting his appointment as President of the Public Service Commission, the Honourable Senator Eaton in the Chair.

—In the Committee—

Pursuant to the order adopted on May 2, 2017, Mr. Borbey was escorted to a seat in the Senate Chamber.

Debate.


The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the Committee has heard the witness.

Orders of the Day

Ordered, That Order No. 32 under OTHER BUSINESS, Reports of Committees - Other, be brought forward.

The order was called for resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Carignan, P.C., for the adoption of the second report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an Inquiry Report from the Senate Ethics Officer, presented in the Senate on May 2, 2017.

Ordered, That further debate on the motion be adjourned until the next sitting.

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Campbell, seconded by the Honourable Senator Fraser, for the third reading of Bill C-37, An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts, as amended.

After debate,

The question being put on the motion, it was adopted, on division.

The bill, as amended, 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 with certain amendments, to which it desires its concurrence.

Bills – Reports of Committees

Order No. 1 was called and postponed until the next sitting.

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day, for the second reading of Bill C-18, An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act.

After debate,

The question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Day, 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.

o o o

Second reading of Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Motions

Order No. 1 was called and postponed until the next sitting.

o o o

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare:

That, in accordance with subsection 4(5) of the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 and 13, the Senate approve the appointment of Patrick Borbey as President of the Public Service Commission, for a term of seven years.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, May 9, 2017, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

After debate,

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, May 8, 2017 at 6 p.m.;

That committees of the Senate scheduled to meet on Monday, May 8, 2017  be authorized to sit even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto; and

That rule 3-3(1) be suspended on that day.

After debate,

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That, in accordance with rule 10-11(1), the Standing Senate Committee on National Finance be authorized to examine the subject matter of all of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, introduced in the House of Commons on April 11, 2017, in advance of the said bill coming before the Senate;

That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-44 even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

That, in addition, and notwithstanding any normal practice:

1.The following committees be separately authorized to examine the subject matter of the following elements contained in Bill C-44 in advance of it coming before the Senate:

(a)the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in the Division 1 of Part 4;

(b)the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 3, 8 and 20 of Part 4;

(c)the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 5, 9, 11, 13, 14 and 16 of Part 4;

(d)the Standing Senate Committee on Legal and Constitutional Affairs: those elements contained in Divisions 10 and 17 of Part 4; and

(e)the Standing Senate Committee on National Security and Defence: those elements contained in Divisions 12 and 19 of Part 4;

2. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-44 be authorized to meet for the purposes of their studies of those elements even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

3. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-44 submit their final reports to the Senate no later than June 7, 2017;

4. As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-44 are tabled in the Senate, they be placed on the Orders of the Day for consideration at the next sitting; and

5. The Standing Senate Committee on National Finance be simultaneously authorized to take any reports tabled under point four into consideration during its study of the subject matter of all of Bill C-44.

With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:

That, in accordance with rule 10-11(1), the Standing Senate Committee on National Finance be authorized to examine the subject matter of all of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, introduced in the House of Commons on April 11, 2017, in advance of the said bill coming before the Senate;

That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-44 even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

That, in addition, and notwithstanding any normal practice:

1.The following committees be separately authorized to examine the subject matter of the following elements contained in Bill C-44 in advance of it coming before the Senate:

(a)the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in the Division 1 of Part 4;

(b)the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 3, 8, 18 and 20 of Part 4;

(c)the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 5, 9, 11, 13, 14 and 16 of Part 4;

(d)the Standing Senate Committee on Legal and Constitutional Affairs: those elements contained in Divisions 10 and 17 of Part 4; and

(e)the Standing Senate Committee on National Security and Defence: those elements contained in Divisions 12 and 19 of Part 4;

2. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-44 be authorized to meet for the purposes of their studies of those elements even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

3. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-44 submit their final reports to the Senate no later than June 7, 2017;

4. As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-44 are tabled in the Senate, they be placed on the Orders of the Day for consideration at the next sitting; and

5. The Standing Senate Committee on National Finance be simultaneously authorized to take any reports tabled under point four into consideration during its study of the subject matter of all of Bill C-44.

After debate,

The Honourable Senator Fraser moved, for the Honourable Senator Day, seconded by the Honourable Senator Eggleton, P.C., that further debate on the motion, as modified, be adjourned until the next sitting.

The question being put on the motion, it was adopted.

Inquiries

Order No. 2 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

o o o

Third reading of Bill S-224, An Act respecting payments made under construction contracts, as amended.

The Honourable Senator Plett moved, seconded by the Honourable Senator Wells, that the bill, as amended, be read for a third time.

After debate,

The question being put on the motion, it was adopted.

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

Commons Public Bills – Third Reading

Order No. 1 was 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.

o o o

Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-234, An Act to amend the Parliament of Canada Act (Parliamentary Artist Laureate).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

Orders No. 4 to 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 3, 5 to 12, 14 and 15, 17 to 19, 29 and 31 were called and postponed until the next sitting.

Motions

Orders No. 31, 51, 73, 89, 92, 139, 146, 158 and 194 were called and postponed until the next sitting.

Inquiries

Orders No. 1 and 2, 8, 11 to 14 and 17 to 20 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Watt moved, seconded by the Honourable Senator Cordy:

That a Special Committee on the Arctic be appointed to consider the significant and rapid changes to the Arctic, and impacts on original inhabitants;

That the committee be composed of ten members, to be nominated by the Committee of Selection, and that five members constitute a quorum;

That the committee have the 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 the committee be authorized to hire outside experts;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the 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 December 10, 2018, and retain all powers necessary to publicize its findings until 60 days after the tabling of the final report.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Fraser moved, seconded by the Honourable Senator Eggleton, P.C.:

That, notwithstanding the order of the Senate adopted on April 4, 2017, the date for the final report of the Standing Committee on Rules, Procedures and the Rights of Parliament in relation to its study of the composition of the Committee of Selection and each standing committee be extended from May 9, 2017 to May 31, 2017.

After debate,

The question being put on the motion, it was adopted.

o o o

The Honourable Senator Maltais moved, seconded by the Honourable Senator Stewart Olsen:

That the Standing Senate Committee on Agriculture and Forestry be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, between May 9 and May 30, 2017, a report relating to its study on international market access priorities for the Canadian agricultural and agri-food sector, 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.

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That the Senate do now adjourn.

The question being put on the motion, it was adopted.

(Accordingly, at 5:52 p.m., the Senate was continued until Monday, May 8, 2017, at 6 p.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Report on operations under the European Bank for Reconstruction and Development Agreement Act for the year 2016, pursuant to the Act, S.C. 1991, c. 12, s. 7.—Sessional Paper No. 1/42-1085.

Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Doyle was added to the membership (May 3, 2017).

The Honourable Senator Plett was removed from the membership of the committee, substitution pending (May 3, 2017).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator McCoy replaced the Honourable Senator Omidvar (May 4, 2017).

The Honourable Senator Ataullahjan replaced the Honourable Senator Plett (May 3, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Plett replaced the Honourable Senator White (May 3, 2017).

Standing Senate Committee on National Security and Defence

The Honourable Senator Galvez replaced the Honourable Senator Saint-Germain (May 4, 2017).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Ataullahjan replaced the Honourable Senator Runciman (May 4, 2017).

Special Senate Committee on Senate Modernization

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Gold (May 4, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator McIntyre replaced the Honourable Senator Frum (May 4, 2017).

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