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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 259 (Unrevised)

Friday, December 7, 2018
9 a.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukBattersBellemareBeyakBoehmBoisvenuBonifaceBoyerCampbellCarignanCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DeanDoyleDuffyDyckEatonForestFrancisFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKlyneLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOmidvarPatePetitclercPlettPratteRichardsSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukBattersBellemareBeyakBoehmBoisvenuBonifaceBoyerCampbellCarignanCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)DeanDoyleDuffyDyckEatonForestFrancisFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKlyneLankinLovelace Nicholas*MacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOmidvarPatePetitclercPlettPratteRichardsSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTkachukVernerWallinWellsWetstonWhiteWoo

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 Petitclerc presented the following:

Friday, December 7, 2018

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

THIRTY-FIRST REPORT

Your committee, to which was referred Bill C-243, An Act respecting the development of a national maternity assistance program strategy, has, in obedience to the order of reference of Wednesday, October 24, 2018, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

CHANTAL PETITCLERC

Chair

Observations to the thirty-first report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-243)

The committee agrees that the preamble to Bill C-243 notes that Canada “does not have a long-term comprehensive national strategy to allow pregnant and nursing women to continue working and to financially support them in cases where they are unable to work during their pregnancy”.

The Committee therefore suggests that consultations to develop a national maternity assistance program should not be restricted to pregnant workers but extend to nursing workers.

The Honourable Senator Gagné moved, seconded by the Honourable Senator Mitchell, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

o o o

The Honourable Senator Tkachuk presented the following:

Friday, December 7, 2018

The Standing Senate Committee on Transport and Communications has the honour to present its

FIFTEENTH REPORT

Your committee, to which was referred Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, has, in obedience to the order of reference of October 18, 2018, examined the said bill and now reports the same with the following amendments:

1.Clause 5, page 3:

(a)Replace lines 7 and 8 with the following:

5 (1) Except as otherwise provided by regulations made under paragraph 130(1)(c) or subsection 131(1) and despite subsection (3), this Act does not apply in respect of”;

(b)replace line 13 with the following:

(2) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4, does not apply in”; and

(c)replace line 23 with the following:

(3) Except as otherwise provided by regulations made under subsection 131(1), this Act, other than Parts 3 and 4,”.

2.Clause 131, pages 64 and 65:

(a)On page 64,

(i)replace line 23 with the following:

“heritage value, including ocean war graves;”,

(ii)replace line 26 with the following:

“including ocean war graves, and providing for the issuance of permits to access”, and

(iii)replace line 42 with the following:

“heritage value, including ocean war graves, from the application of any provision of”; and

(b)on page 65,

(i)delete line 3, and

(ii)replace line 7 with the following:

“made under this subsection;

(i) extending the application of paragraph 110(1)(f), subsections 110(5) and (7), section 111, paragraph 113(d), subsection 119(1) and section 120 to wrecks or classes of wrecks that are specified in regulations made under paragraph (b);

(j) extending to wrecks or classes of wrecks that are specified in regulations made under paragraph (b) the application of paragraph 110(1)(b), in respect of a contravention of subsection 58(1) or (3) or section 60, and of paragraph 110(1)(d), in respect of a contravention of a direction given under paragraph 58(4)(b); and

(k) extending the application of any provision of the regulations made under this subsection to wrecked vessels or aircraft — or classes of wrecked vessels or aircraft — that are referred to in subsection 5(1) and paragraphs 5(2)(a) and (b) and that are specified in regulations made under paragraph (b).”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

DAVID TKACHUK

Chair

Observations

Mr. Robert Clarke from the Harbour Authority Association of British Columbia and Mr. Brad Caldwell from the Canadian Maritime Law Association indicated that they had reservations with respect to the powers of the Minister of Transport and the Minister of Fisheries and Oceans to direct third parties to take measures concerning wrecked, abandoned or hazardous vessels. Both witnesses expressed concern that this provision could be used to delegate tasks on unwilling third parties, such as harbour authorities, with the threat of significant fines and possible imprisonment for failing to follow such a direction. The minimum penalty for the offence of failing to follow a direction is $100,000 for vessels and corporations. The maximum penalty is $ 6 million.

Mr. Clarke stated the following:

What we fear is that in the real world there is a wreck out there or a dilapidated vessel that the Coast Guard gets a hold of it and they tow it into a local dock, generally a local harbour authority. We worry that they may then leave that vessel there and require a small, completely volunteer-run harbour authority to deal with that who just won’t have the manpower or the financial ability. We understand there is a compensation fund after the fact, but we are concerned how that compensation fund will be dispersed.

Conversely, representatives from Transport Canada told the committee that such direction powers already exist within the Canada Shipping Act, 2001 and would only be used in exceptional or urgent circumstances.

The committee observes that the scenarios under which a direction may be given by the Minister of Transport and the Minister of Fisheries and Oceans remain very broad and that the available punishments for failing to observe a direction are significant. Therefore, the committee encourages the government to ensure that the urgent and exceptional circumstances under which they would propose to make use of such powers are contained within an appropriate regulation or guideline.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Carignan, P.C., 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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Third Reading

Third reading of Bill S-6, An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

The Honourable Senator Greene moved, seconded by the Honourable Senator Gold, that the bill be read for a third time.

After debate,

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

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

Bills – Reports of Committees

Consideration of the twenty-ninth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, with an amendment and observations), presented in the Senate on December 6, 2018.

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Day, that the report be adopted.

After debate,

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

With leave of the Senate,

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

After debate,

In amendment, the Honourable Senator Frum moved, seconded by the Honourable Senator Housakos:

That Bill C-76, as amended, be not now read a third time, but that it be further amended in clause 223,

(a)on page 118, by adding the following after line 17:

(a.1) an individual who does not reside in Canada;”;

(b)on page 121,

(i)by replacing lines 21 to 26 with the following:

(a) if the third party is an individual,

(i) the individual is neither a Canadian citizen nor a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

(ii) the individual does not reside in Canada; or”, and

(ii)by replacing lines 37 to 39 with the following:

(c) if the third party is a group, that group does not carry out activities in Canada”; and

(c)on page 122, by deleting lines 1-4.

The question was put on the motion in amendment.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy, for the second reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Harder, P.C., 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. 2 to 4 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Pratte, for the second reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

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.


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Mockler presented the following:

Friday, December 7, 2018

The Standing Senate Committee on National Finance has the honour to present its

THIRTY-SEVENTH REPORT

Your committee, to which was referred Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, has, in obedience to the order of reference of December 4, 2018, examined the said bill and now reports the same without amendment but with observations.

Respectfully submitted,

PERCY MOCKLER

Chair

Observations to the thirty-seventh report of the Standing Senate Committee on National Finance (Bill C-86)

Pay Equity Act

Considering the concerns expressed by a certain number of witnesses, your committee calls for the Government of Canada to initiate a parliamentary review in six years’ time at the latest, and suggests the following areas be examined:

(i)the impact of including the phrase “while taking into account the diverse needs of employers” in the Purpose section of the Act, and setting the bar at making “all reasonable efforts” to establish pay equity committees;

(ii)the impact of allowing pay equity committees access to all salary data within a workplace;

(iii)the impact of requiring unanimity amongst voting employees on pay equity committees, and the interpretation of the term “direction” in practice, with regard to the relationship between employers / bargaining agents, and the members representing them on pay equity committees;

(iv)the possible discriminatory effects of excluding benefits from the determination of compensation due to temporary, casual or seasonal nature of work;

(v)the impact of grandfathering existing job class valuations of work without requiring the posting of the plan in the workplace and allowing for new comments from employees;

(vi)the impact of the restriction on retroactivity of adjustments;

(vii)the impact of not requiring the filing of pay equity plans with the pay equity commissioner; and

(viii)the use of the broad discretionary powers allowing for the Governor in Council to exempt any employer, employee, position or class from the application of this Act.

With leave of the Senate,

The Honourable Senator Pratte moved, seconded by the Honourable Senator Greene, that the bill be read for a third 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.

Bills – Second Reading

Orders No. 6 to 8 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 22 to 28, and 30 were called and postponed until the next sitting.

Motions

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

o o o

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, December 10, 2018, at 6 p.m.;

That committees of the Senate scheduled to meet on that day be authorized to do so for the purpose of considering government business, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto;

That, notwithstanding rules 9-6, 9-10(2) and 9-10(4), if a vote is deferred to that day, the bells for the vote ring at the start of Orders of the Day, for 15 minutes, with the vote to be held thereafter;

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

That the Senate stand adjourned at the end of Government Business on that day.

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

Inquiries

Order No. 3 was called and postponed until the next sitting.

Reports of Committees – Other

Consideration of the thirty-fifth report of the Standing Senate Committee on National Finance, entitled Final Report on the Supplementary Estimates (A), 2018-2019, tabled in the Senate on December 5, 2018.

The Honourable Senator Marshall moved, seconded by the Honourable Senator Mockler, that the report be adopted.

After debate,

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

Bills – Second Reading

Second reading of Bill C-90, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019.

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

After debate,

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

The bill was then read the second time.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that the bill be placed on the Orders of the Day for third reading at the next sitting.

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 11:35 a.m., the Senate was continued until Monday, December 10, 2018, at 6 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Bernard replaced the Honourable Senator Wallin (December 6, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator McCallum replaced the Honourable Senator Ravalia (December 6, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Simons (December 6, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Deacon (Ontario) (December 6, 2018).

The Honourable Senator Dean replaced the Honourable Senator Boehm (December 6, 2018).

The Honourable Senator Dagenais replaced the Honourable Senator Neufeld (December 6, 2018).

The Honourable Senator Oh replaced the Honourable Senator Marshall (December 6, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Plett replaced the Honourable Senator Doyle (December 7, 2018).

The Honourable Senator MacDonald replaced the Honourable Senator Housakos (December 7, 2018).