Proceedings of the Standing Senate Committee on
Fisheries and Oceans
Issue No. 20 - Minutes of Proceedings - October 26, 2017
OTTAWA, Thursday, October 26, 2017
(48)
[English]
The Standing Senate Committee on Fisheries and Oceans met in camera this day at 8:33 a.m., in room 9, Victoria Building, the chair, the Honourable Fabian Manning, presiding.
Members of the committee present: The Honourable Senators Bovey, Brazeau, Christmas, Dyck, Enverga, Forest, Gold, Manning, McInnis, Munson, Plett, Poirier, Sinclair, Unger and Watt (15).
Other senator present: The Honourable Senator Downe (1).
In attendance: Odette Madore, Analyst, Parliamentary Information and Research Services, Library of Parliament and Mireille LaForge, Procedural Clerk, Committees Directorate.
Also present: The official reporters of the Senate.
Pursuant to the order of reference adopted by the Senate on Wednesday, November 23, 2016, the committee continued its consideration of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins). (For complete text of the order of reference, see proceedings of the committee, Issue No. 10.)
Pursuant to rule 12-16(1)(d), the committee considered a draft agenda (future business).
At 8:42 a.m., the committee suspended.
At 8:44 a.m., the committee resumed in public.
The chair made a statement.
It was agreed that the committee proceed to clause-by-clause consideration of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).
It was agreed that the title stand postponed.
It was agreed that clause 1, which contains the short title, stand postponed.
The chair asked whether clause 2 shall carry.
After debate, the Honourable Senator Sinclair moved:
That Bill S-203 be amended in clause 2,
(a) on page 1, (i) by replacing line 11 with the following:
"(2) Subject to subsections (3) and (3.1), every one'', and
(b) on page 2, by replacing line 5 with the following:
"state of distress; or
(c) is authorized to keep a cetacean in captivity in the best interests of the cetacean's welfare pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.
(3.1) Subsection (2) does not apply to a person who is conducting scientific research pursuant to a licence issued by the Lieutenant Governor in Council of a province or by such other person or authority in the province as may be specified by the Lieutenant Governor in Council.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
After debate, the Honourable Senator Sinclair moved:
That Bill S-203 be amended in clause 2, page 2, by replacing lines 20 to 26 with the following:
"an offence punishable on summary conviction and liable to a fine not exceeding $200,000.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked whether clause 2, as amended, shall carry.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked whether clause 3 shall carry.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked whether clause 4 shall carry.
After debate, the Honourable Senator Sinclair moved:
That Bill S-203 be amended in clause 4, page 3, by replacing lines 6 to 8 with the following:
"export from Canada a living cetacean, including a whale, dolphin or porpoise, or sperm, a tissue culture or an embryo''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked whether clause 4, as amended, shall carry.
After debate, the question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The Honourable Senator Sinclair moved:
That Bill S-203 be amended on page 3, by adding after line 9 the following:
"5 Section 10 of the Act is amended by adding the following after subsection (1):
(1.1) The Minister may, on application and on such terms and conditions as the Minister thinks fit, issue a permit authorizing the importation or exportation of a living cetacean, or sperm, a tissue culture or an embryo of a cetacean, if the importation or exportation is for the purpose of
(a) conducting scientific research; or
(b) keeping the cetacean in captivity if it is in the best interests of the cetacean's welfare to do so.''.
After debate, the question being put on the motion in amendment, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
It was agreed that clause 4 be reconsidered.
The Honourable Senator Sinclair moved:
That Bill S-203 be amended in clause 4, on page 3, by replacing line 5 with the following:
"7.1 No person shall, except under and in accordance with a permit issued pursuant to subsection 10(1.1), import into Canada or''.
After debate, it was agreed that the result of the previous vote be applied to all outstanding questions on the bill and recorded in the minutes. Accordingly, the motion in amendment was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked whether clause 4, as amended, shall carry.
The question being put on the motion, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The Honourable Senator Sinclair moved:
That Bill S-203 be amended, on page 3, by adding the following after line 9:
"Related provision
6 For greater certainty, the amendments made by this Act to the Criminal Code, the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act shall not be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982.''.
After debate, the question being put on the motion in amendment, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked whether clause 1, which contains the short title, shall carry.
After debate, the question being put on the motion, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked if the title shall carry.
The question being put on the motion, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked if the bill, as amended, shall carry.
The question being put on the motion, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked if it was agreed that the he report the bill, as amended, to the Senate.
The question being put on the motion, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
The chair asked if it was agreed that the Law Clerk and Parliamentary Counsel be authorized to make technical, clerical and typographical changes and adjustments to amendments adopted by the committee.
The question being put on the motion, pursuant to the order earlier this day, it was adopted on the following vote:
YEAS
The Honourable Senators
Bovey, Brazeau, Christmas, Dyck, Forest, Gold, Munson, Sinclair and Watt — 9
NAYS
The Honourable Senators
Enverga, McInnis, Plett, Poirier and Unger — 5
ABSTENTIONS
The Honourable Senator
Manning — 1
At 10:01 a.m., the committee adjourned to the call of the chair.
ATTEST:
Adam Thompson
Acting Clerk of the Committee