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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 44 (Revised)

Tuesday, June 7, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifUngerWallaceWallinWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneHarderHousakosJafferJohnsonJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNgoOgilvieOhOmidvarPattersonPlettPoirierPratteRaineRinguetteRivardRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifUngerWallaceWallinWellsWhite

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

Tabling of Documents

The Honourable the Speaker tabled the following:

Eighth Annual Report of the Office of the Commissioner of Lobbying, for the period ending March 31, 2016, pursuant to the Lobbying Act, R.S.C. 1985,c. 44(4th Supp.),s. 11.—Sessional Paper No. 1/42-347.

Reports of the Office of the Commissioner of Lobbying for the fiscal year ended March 31, 2016, 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. 1/42-348.

Special report to Parliament of the Official Languages Commissioner, entitled: Air Canada: on the road to increased compliance through an effective enforcement regime, pursuant to the Official Languages Act, R.S.C. 1985,c. 31(4th Supp.),sbs. 67(1).—Sessional Paper No. 1/42-349.

Presenting or Tabling Reports from Committees

The Honourable Senator Day tabled the third report of the Standing Senate Committee on National Security and Defence (Subject matter of Bill C-15, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures).—Sessional Paper No. 1/42-350S.

(Pursuant to the order adopted on May 3, 2016, the report was deemed referred to the Standing Seante Committee on National Finance and placed the Orders of the Day for consideration at the next sitting.)

o o o

The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the committee’s fourth report (Bill C-14, An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying), without amendment).

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

Government Notices of Motions

With leave of the Senate,

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

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, Question Period shall begin today 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. today, 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. today, 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. today, 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.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Ataullahjan tabled the following:

Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU) respecting its participation at the 3rd IPU Global Conference of Young Parliamentarians and to the 134th IPU Assembly and related meetings, held in Lusaka, Zambia, on March 16 and 17, 2016 and March 19 to 23, 2016.—Sessional Paper No. 1/42-351.

Report of the Canadian Delegation of the Inter-Parliamentary Union respecting its participation at the 60th Session of the United Nations Commission on the Status of Women, held in New York, New York, United Status of America, on  March 15, 2016.—Sessional Paper No. 1/42-352.

Delayed Answers

The Honourable Senator Harder, P.C., tabled the following:

Response to the oral question asked by the Honourable Senator Martin on April 21, 2016, concerning Pacific NorthWest LNG Project (liquefied natural gas).—Sessional Paper No. 1/42-353S.

Orders of the Day

Government Business

Bills – Second Reading

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

o o o

Second reading of Bill C-11, An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities).

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 Enverga moved, seconded by the Honourable Senator Ngo, that further debate on the motion be adjourned until the next sitting.

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

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Second reading of Bill C-10, An Act to amend the Air Canada Public Participation Act and to provide for certain other measures.

The Honourable Senator Pratte moved, seconded by the Honourable Senator Gagné, that the bill be read the second time.

After debate,

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

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

Question Period

Pursuant to the order adopted earlier this day, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable Bardish Chagger, P.C., M.P., Minister of Small Business and Tourism, entered the Senate and took part in Question Period.

Reports of Committees – Other

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

Motions

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

o o o

With leave of the Senate,

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

That the provisions of the order of February 4, 2016, respecting the time of adjournment, be suspended on Wednesday, June 8, 2016; and

That the provisions of rule 3-3(1) be suspended on Wednesday, June 8, 2016.

After debate,

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

Inquiries

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1 to 16 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Martin, for the second reading of Bill S-224, An Act respecting payments made under construction contracts.

After debate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Fraser.

o o o

Order No. 18 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Day, for the second reading of Bill S-220, An Act to amend the Criminal Code (international fraud).

After debate,

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Greene, that further debate on the motion be adjourned until the next sitting.

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

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Orders No. 20 and 21 were called and postponed until the next sitting.

Reports of Committees – Other

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

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Consideration of the second report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade, entitled: Taking Action Against Human Rights Violators in Russia, tabled in the Senate on March 24, 2016.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Johnson, that the report be adopted.

After debate,

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

Motions

Orders No. 73, 9, 51, 69, 96, 60, 92, 89, 43 and 31 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator McCoy:

That the Standing Committee on Rules, Procedures and the Rights of Parliament, when and if it is formed, be authorized to examine and report on Senate practices, and provisions in the Rules of the Senate, relating to committees, including senators’ memberships on committees, in order to evaluate whether all senators:

(a) are, in practice, treated equally, and with fairness and equity, irrespective of whether they sit as government members, as opposition members, as members of recognized parties or as independent senators; and

(b) have reasonable and equal opportunities to fully participate in and contribute, through committee work and membership, to this chamber’s role as a complementary legislative body of sober second thought, thereby enabling all senators to adequately fulfill their constitutional roles and responsibilities;

That in conducting this evaluation the Rules Committee pay particular attention to:

(a) the process for selecting members of the Committee of Selection, so that all senators can be considered for membership on that committee, and so that the interests of all senators, whether they sit as government members, as opposition members, as members of recognized parties or as independent senators, are represented in the membership of that committee; and

(b) the process whereby the Committee of Selection develops its recommendations for membership of the other committees;

That the Rules Committee also take into account the anticipated increase in the number of senators who are not members of a recognized party and how this emerging reality should be taken into account, including during the current session;

That the Rules Committee recommend necessary amendments to the Rules and adjustments in Senate practice based upon the results of its examination; and

That the Rules Committee present its final report on this study to the Senate no later than March 31, 2016.

And on the motion in amendment of the Honourable Senator Bellemare, seconded by the Honourable Senator Enverga:

That the motion be not now adopted, but that it be amended by replacing the paragraph reading:

“That the Rules Committee also take into account the anticipated increase in the number of senators who are not members of a recognized party and how this emerging reality should be taken into account, including during the current session;”

by the following:

“That the Rules Committee also take into account the anticipated increase in the number of senators who are not members of a recognized party so that they are able to form a group of independent senators with the resources and rights available to a party recognized under the Rules of the Senate;”.

After debate,

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

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

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Ordered : That Order No. 92 be again called.

Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Cowan:

That the Senate note with concern the escalating and hostile behaviour exhibited by the People’s Republic of China in the South China Sea and consequently urge the Government of Canada to encourage all parties involved, and in particular the People’s Republic of China, to:

(a) recognize and uphold the rights of freedom of navigation and overflight as enshrined in customary international law and in the United Nations Convention on the Law of the Sea;

(b) cease all activities that would complicate or escalate the disputes, such as the construction of artificial islands, land reclamation, and further militarization of the region;

(c) abide by all previous multilateral efforts to resolve the disputes and commit to the successful implementation of a binding Code of Conduct in the South China Sea;

(d) commit to finding a peaceful and diplomatic solution to the disputes in line with the provisions of the UN Convention on the Law of the Sea and respect the settlements reached through international arbitration; and

(e) strengthen efforts to significantly reduce the environmental impacts of the disputes upon the fragile ecosystem of the South China Sea;

That the Senate also urge the Government of Canada to support its regional partners and allies and to take additional steps necessary to de-escalate tensions and restore the peace and stability of the region; and

That a message be sent to the House of Commons to acquaint it with the foregoing.

After debate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Cools.

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Order No. 64 was called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Wallace, seconded by the Honourable Senator Bellemare:

That the Rules of the Senate be amended:

1.by adding the following at the end of rule 12-1:

“The membership of the committee shall, as nearly as practicable, proportionally reflect the number of all Senators who are members of each of the recognized parties, as well as those who are not members of recognized parties.”;

2.by adding the following new rule 12-2(2):

Expressions of interest

12-2. (2) Before nominating Senators to serve on committees, the Committee of Selection shall invite expressions of interest from all Senators.”;

3.by renumbering current rules 12-2(2) and (3) as rules 12-2(3) and (4);

4.by adding the following new rule 12-2(5):

“Content of Committee of Selection reports

12-2. (5) Any report of the Committee of Selection nominating Senators to serve on a committee shall:

(a) identify the criteria used in developing its nominations;

(b) contain nominations such that, if the report is adopted, the membership of the committee would, as nearly as practicable, proportionally reflect the number of all Senators who are members of each of the recognized parties, as well as those who are not members of recognized parties; and

(c) nominate, as far as possible, every Senator who is eligible to attend the Senate, and who expressed an interest in being a member of a committee, to a minimum of at least one committee.”;

5.by renumbering current rules 12-2(4), (5) and (6) as rules 12-2(6), (7) and (8); and

6.by updating all cross references in the Rules, including the lists of exceptions, accordingly; and

That the Senate discharge the current membership of the Committee of Selection so that a new membership can be appointed, by substantive motion, in conformity with the changes made by the adoption of this motion.

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

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

Inquiries

Orders No. 2, 1, 3, 12, 5 and 8 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Day moved, seconded by the Honourable Senator Jaffer:

That, notwithstanding the order of the Senate adopted on Tuesday, February 16, 2016, the date for the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its study of issues pertaining to internal barriers to trade be extended from June 10, 2016 to June 30, 2016.

After debate,

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 5:12 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Summaries of the Corporate Plan and of the Operating and Capital Budgets for 2015-2016 to 2019-2020 of the Canadian Museum of History, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11,sbs. 125(4).—Sessional Paper No. 1/42-344.

Report of the Enterprise Cape Breton Corporation, together with the Auditor General’s Report, for the period from April 1, 2014 to June 19, 2014, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11,sbs. 150(1).—Sessional Paper No. 1/42-345.

Report on the review of the provisions and operation of An Act to amend the Electricity and Gas Inspection Act and the Weights and Measures Act, pursuant to the Act, S.C. 2011, c. 3,s. 29.1(2).—Sessional Paper No. 1/42-346.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Beyak replaced the Honourable Senator Ataullahjan (June 7, 2016).

The Honourable Senator Ataullahjan replaced the Honourable Senator Beyak (June 6, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Ataullahjan replaced the Honourable Senator Eaton (June 7, 2016).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Doyle was removed from the membership of the committee, substitution pending (June 7, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator McInnis replaced the Honourable Senator Frum (June 7, 2016).

The Honourable Senator Frum replaced the Honourable Senator McInnis (June 6, 2016).

The Honourable Senator McInnis replaced the Honourable Senator Marshall (June 6, 2016).

The Honourable Senator Marshall replaced the Honourable Senator McInnis (June 6, 2016).

The Honourable Senator Cowan replaced the Honourable Senator Fraser (June 6, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Lang (June 7, 2016).

The Honourable Senator Mitchell was added to the membership (June 7, 2016).

The Honourable Senator Andreychuk replaced the Honourable Senator Manning (June 6, 2016).

The Honourable Senator Lang replaced the Honourable Senator Neufeld (June 6, 2016).

Committee of Selection

The Honourable Senator Tardif was added to the membership (June 6, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Tkachuk replaced the Honourable Senator McIntyre (June 7, 2016).