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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 59 (Revised)

Tuesday, October 4, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyEatonEggletonEnvergaFureyGreeneHarderHousakosHubleyJoyalLankinMacDonaldManningMarshallMartinMcCoyMcInnisMercerMeredithMitchellMooreMunsonNancy RuthNgoOgilvieOmidvarPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyEatonEggletonEnvergaFurey*GagnéGreeneHarderHousakosHubley*JafferJoyalLankinMacDonald*MaltaisManningMarshallMartin*MassicotteMcCoyMcInnis*McIntyreMercerMeredithMitchell*MocklerMooreMunsonNancy Ruth*NeufeldNgoOgilvieOmidvar*PattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannas*TardifTkachukUngerWallaceWallinWattWellsWhite

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:

The Fall 2016 Reports of the Commissioner of the Environment and Sustainable Development to the House of Commons, pursuant to the Auditor General Act,R.S.C. 1985,c. A-17,sbs. 23(5).—Sessional Paper No. 1/42-689.

o o o

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

Report of the Security Intelligence Review Committee, entitled: Maintaining Momentum, for the fiscal year ended March 31, 2016, pursuant to the Canadian Security Intelligence Service Act, R.S.C. 1985, c. C-23,s. 53.—Sessional Paper No. 1/42-690.

2015-16 Annual Report for the Office of the Ombudsman for the Department of National Defence and the Canadian Forces.—Sessional Paper No. 1/42-691.

Presenting or Tabling Reports from Committees

The Honourable Senator McInnis, Chair of the Special Senate Committee on Senate Modernization, informed the Senate that, pursuant to the orders adopted by the Senate on December 11, 2015, and June 21, 2016, the committee deposited with the Clerk of the Senate on October 4, 2016, its first report (interim) entitled: Senate Modernization: Moving Forward.—Sessional Paper No. 1/42-688S.

The Honourable Senator McInnis moved, seconded by the Honourable Senator Marshall, that the report be placed on the Orders of the Day for consideration two days hence.

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

o o o

The Honourable Senator Wells presented the following:

Tuesday, October 4, 2016

The Special Senate Committee on Senate Modernization has the honour to present its

SECOND REPORT

Your committee, which was authorized by the Senate on Friday, December 11, 2015, to consider methods to make the Senate more effective within the current constitutional framework, now reports as follows:

In its first report tabled on October 4, 2016, your committee examined the topic of omnibus bills and now recommends the following:

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament to develop a process in the Rules of the Senate by which omnibus bills are referred to an appropriate committee to determine whether and how an omnibus bill ought to be divided into several bills.

That when the Senate refers an omnibus bill to a committee for such a determination, the Government and the House of Commons be informed of such referral and of any determination by a committee to sever an omnibus bill.

Respectfully submitted,

DAVID M. WELLS

The Honourable Senator Wells moved, seconded by the Honourable Senator Plett, that the report be placed on the Orders of the Day for consideration two days hence.

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

o o o

The Honourable Senator Eggleton, P.C., presented the following:

Tuesday, October 4, 2016

The Special Senate Committee on Senate Modernization has the honour to present its

THIRD REPORT

Your committee, which was authorized by the Senate on Friday, December 11, 2015, to consider methods to make the Senate more effective within the current constitutional framework, now reports as follows:

In its first report tabled on October 4, 2016, your committee examined Senate committees and now recommends the following:

That the Senate direct the Standing Senate Committee on Rules, Procedures and the Rights of Parliament to amend the Rules of the Senate to change the process for determining the composition of the Committee of Selection and the composition of each standing committee, using the process set out below as the basis for such changes. The committee members leave it to the procedural experts to craft appropriate language to give effect to the objectives of the committee and the principles underlying the objectives.

STEP 1:

1.The Committee of Selection shall be composed of 8 to 12 members.

2.The leaders, facilitators or conveners, as the case may be, of all recognized political parties, caucuses or groups shall meet and agree on the size and proportional composition of the Committee of Selection.

3.The size and proportional composition of the Committee of Selection shall be determined within five sitting days of the commencement of a new Parliament or session of Parliament.

4.The composition of the Committee of Selection must adhere to the following principles or requirements:

All caucuses or groups must have a minimum of one representative;

As closely as possible, membership on the Committee of Selection shall be in proportion to each caucus’s or group’s standing in the Senate;

The leaders, convenors or facilitators, as the case may be, of each political party, caucus or group in the Senate shall be non-voting ex officio members of the Committee of Selection.

STEP 2:

Each caucus or group shall select according to a process of its choosing the senator or senators from among their caucus or group who will occupy a seat or seats, as the case may be, on the Committee of Selection.

STEP 3:

The leaders, facilitators, or convenors of the two largest caucuses or groups in the Senate shall present a motion in the Senate setting out the size and the composition of the Committee of Selection based on the individual selections made by each caucus or group.

STEP 4:

1.The Committee of Selection shall determine the number of seats on each standing committee of the Senate to be allocated to the members of each caucus or group in proportion to that group’s or caucus’s standing in the Senate.

2.Each caucus or group shall select its nominee or nominees for membership to each committee by a process of their choosing.

STEP 5:

The Committee of Selection shall allocate the positions of chair, vice chair and third member of the steering committee for each standing committee, to members of each caucus or group in proportion to that group’s or caucus’s standing in the Senate (though not to any individual senator in that group or caucus). In any allocation, the chair and vice chair positions shall not be occupied by senators who are members of the same caucus or grouping.

It should be noted that the historic practice has been that certain chairs of committees, such as the Committee on National Finance, have been allocated to senators who are not members of the party in government.

STEP 6:

The Committee of Selection after having completed the membership of each committee, and having allocated chair, vice chair and third member positions of a steering committee to each group or caucus (though not the individual senators who will occupy those positions), in accordance with the choices made by each caucus or group, shall present a report on the full membership of each committee to the Senate.

STEP 7:

Each standing committee shall meet to elect its chair, vice chair and third member of its steering committee in accordance with the report of the Committee of Selection on the allocation of such seats, by secret ballot if contested.

STEP 8:

If the foregoing selection/election process results in opposition or government caucuses not being represented on the Subcommittee on Agenda and Procedure of a committee, the leader(s) or designate of the unrepresented caucus(es) will become ex officio members(s) of that subcommittee when they are considering government legislation.

ONGOING

The Committee of Selection will continue to meet as necessary during the session to recommend to the Senate any changes in the committee framework or membership after consultations with each caucus or group.

Respectfully submitted,

ART EGGLETON

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Baker, P.C., that the report be placed on the Orders of the Day for consideration two days hence.

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

o o o

The Honourable Senator Greene presented the following:

Tuesday, October 4, 2016

The Special Senate Committee on Senate Modernization has the honour to present its

FOURTH REPORT

Your committee, which was authorized by the Senate on Friday, December 11, 2015, to consider methods to make the Senate more effective within the current constitutional framework, now reports as follows:

In its first report tabled on October 4, 2016, your committee examined the organization of Chamber business and now recommends the following:

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament to develop and propose to the Senate amendments to the Rules of the Senate to change the Order Paper process, particularly the process for so-called “stood” items, in line with the six elements set out on pages 34 to 35 of the first report.

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament to recommend amendments to the Rules of the Senate to restructure the Order Paper in a coherent and predictable manner such that:

Bills are listed in numerical order, with Senate bills listed before House of Commons bills;

Motions and inquiries are listed in numerical order; and

Other items are listed in the order in which they were added to the Order Paper.

Respectfully submitted,

STEPHEN GREENE

The Honourable Senator Greene moved, seconded by the Honourable Senator Tkachuk, that the report be placed on the Orders of the Day for consideration two days hence.

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

o o o

The Honourable Senator McCoy presented the following:

Tuesday, October 4, 2016

The Special Senate Committee on Senate Modernization has the honour to present its

FIFTH REPORT

Your committee, which was authorized by the Senate on Friday, December 11, 2015, to consider methods to make the Senate more effective within the current constitutional framework, now reports as follows:

In its first report tabled on October 4, 2016, your committee examined the issue of independent senators and now recommends the following:

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament and the Committee on Internal Economy, Budgets and Administration to draft amendments to the Rules of the Senate and the Senate Administrative Rules by 30 November 2016 respecting the following:

Include a definition of “caucus” as follows:

A group of nine (9) or more senators, formed for parliamentary and/or political purposes, and where each senator has membership in not more than one such funded caucus at any one time; or

A group of nine (9) or more senators who are members of a political party registered under the Canada Elections Act.

Replace the term “leader of a recognized party” with the term “leader or facilitator of a caucus or of a recognized party” wherever it appears in the Rules of the Senate and the Senate Administrative Rules.

Each group of senators seeking recognition in the Senate have a leader or facilitator, or some other such individual who is charged with coordinating, directing or facilitating, as the case may be, the functioning of that group.

That the Senate direct the Committee on Internal Economy, Budgets and Administration to prepare amendments to the Senate Administrative Rules to provide all groups (caucuses) of senators with funding for a secretariat and research projects, regardless of whether the caucuses are organized with or without political affiliations.

Respectfully submitted,

ELAINE McCOY

The Honourable Senator McCoy moved, seconded by the Honourable Senator Cools, that the report be placed on the Orders of the Day for consideration two days hence.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Carignan, P.C., introduced Bill S-230, An Act to amend the Criminal Code (drug-impaired driving).

The bill was read the first time.

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

Notices of Motions

With leave of the Senate,

The Honourable Senator Campbell moved, seconded by the Honourable Senator Sinclair:

That a photographer be authorized in the Senate Chamber to photograph the appearance of Minister McCallum during Question Period today, with the least possible disruption of the proceedings.

After debate,

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

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBakerBattersBeyakBoisvenuCarignanCoolsDayDoyleEatonEnvergaHousakosHubleyLankinMacDonaldManningMarshallMartinMcInnisNancy RuthNgoOgilvieOmidvarPetitclercPlettPoirierPratteRuncimanSeidmanSmithStewart OlsenTannasTkachukUngerWattWellsWhite—38

NAYS

The Honourable Senators

BellemareCampbellDuffyEggletonHarderMercerMeredithMitchellRinguetteSinclairWallaceWallin—12

ABSTENTIONS

The Honourable Senators

CordyMooreMunson—3

Orders of the Day

Government Business

Bills – Second Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

Motions

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

Inquiries

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

Other Business

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

Orders No. 1 to 18 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Mercer, seconded by the Honourable Senator Day, for the second reading of Bill S-213, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speakership of the Senate).

The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald, 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

Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator McCoy, for the second reading of Bill S-202, An Act to amend the Divorce Act (shared parenting plans).

The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald, 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

Order No. 21 was called and postponed until the next sitting.

o o o

Second reading of Bill S-229, An Act respecting underground infrastructure safety.

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Omidvar, that the bill be read the second time.

Debate.

Question Period

Pursuant to the order adopted on September 29, 2016, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  John McCallum, P.C., M.P., Minister of Immigration, Refugees and Citizenship, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Omidvar, for the second reading of Bill S-229, An Act respecting underground infrastructure safety.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald, 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 – Second Reading

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

Reports of Committees – Other

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

Motions

Orders No. 43, 92, 31 and 7 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 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.

After debate,

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Pratte, 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. 73, 9, 51, 69, 96, 60 and 89 were called and postponed until the next sitting.

Inquiries

Orders No. 12, 11, 2, 1 and 3 were called and postponed until the next sitting.

o o o

Order No. 5 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Resuming debate on the inquiry of the Honourable Senator Bellemare, calling the attention of the Senate to the Senate’s legislative work from the 24th to the 41st Parliament and on elements of evaluation.

The Honourable Senator Martin moved, for the Honourable Senator Andreychuk, seconded by the Honourable Senator MacDonald, that further debate on the inquiry be adjourned until the next sitting.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:33 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)

Actuarial Report on the Employment Insurance Premium Rate, together with the Summary, for the year 2017, pursuant to the Employment Insurance Act, S.C. 1996,c. 23,s. 66.31(1).—Sessional Paper No. 1/42-680.

Report on the Government of Canada’s Official Development Assistance for the fiscal year ended March 31, 2016, pursuant to the Official Development Assistance Accountability Act, S.C. 2008,c. 17,s. 5.—Sessional Paper No. 1/42-681.

Summary of the Corporate Plan for 2016-2020 of Export Development Canada, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-682.

Report on operations under the Bretton Woods and Related Agreements Act for the period from July 1, 2015, to June 30, 2016, pursuant to the Act, R.S.C. 1985, c. B-7,s. 13.—Sessional Paper No. 1/42-683.

Biennial Report of the Cree-Naskapi Commission for the year 2016, pursuant to the Cree-Naskapi (of Quebec) Act, S.C. 1984,c. 18,sbs. 171(1).—Sessional Paper No. 1/42-684.

Report of the First Nations Lands Advisory Board, for the fiscal year ended March 31, 2016, pursuant to section 41.2 of the Framework Agreement on First Nation Land Management, as ratified by the First Nations Land Management Act, S.C. 1999, c. 24, sbs. 4(1).—Sessional Paper No. 1/42-685.

Report on the applications for ministerial review (miscarriages of justice) for the fiscal year ended March 31, 2016, pursuant to the Criminal Code, R.S.C. 1985, c. C-46,s. 696.5.—Sessional Paper No. 1/42-686.

Report on the activities of the Courts Administration Service for the fiscal year ended March 31, 2016, pursuant to the Courts Administration Service Act, S.C. 2002, c. 8,sbs. 12(2).—Sessional Paper No. 1/42-687.

First report (interim) of the Special Senate Committee on Senate Modernization entitled: Senate Modernization: Moving Forward, deposited with the Clerk of the Senate on October 4, 2016, pursuant to the orders adopted by the Senate on December 11, 2015, and June 21, 2016.—Sessional Paper No. 1/42-688S.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Tkachuk replaced the Honourable Senator Oh (October 3, 2016).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Cowan replaced the Honourable Senator Jaffer (October 3, 2016).

The Honourable Senator Batters replaced the Honourable Senator Mockler (September 29, 2016).

The Honourable Senator Lang replaced the Honourable Senator Eaton (September 29, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Moore was removed from the membership of the committee, substitution pending (October 4, 2016).

The Honourable Senator Tkachuk replaced the Honourable Senator Neufeld (October 3, 2016).

The Honourable Senator Batters replaced the Honourable Senator Mockler (October 3, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Frum replaced the Honourable Senator Doyle (September 29, 2016).