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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 61 (Revised)

Thursday, October 6, 2016
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyEatonEggletonEnvergaFrumFureyGreeneHarderHousakosHubleyJoyalMacDonaldMarshallMartinMcCoyMercerMerchantMeredithMitchellMooreMunsonNgoOgilvieOhOmidvarPetitclercPlettPratteRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDowneDoyleDuffyEatonEggletonEnvergaFrumFurey*GagnéGreeneHarderHousakosHubley*JafferJoyalMacDonald*MaltaisMarshallMartin*MassicotteMcCoy*McIntyreMercerMerchantMeredithMitchell*MocklerMooreMunson*NeufeldNgoOgilvieOhOmidvar*PattersonPetitclercPlettPratteRinguetteRuncimanSeidmanSinclairSmithStewart 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 Senator Harder, P.C., tabled the following:

The Federal Sustainable Development Strategy 2016-19, entitled: Achieving a Sustainable Future, pursuant to the Federal Sustainable Development Act, S.C. 2008,c. 33,sbs. 10(2).—Sessional Paper No. 1/42-702.

Presenting or Tabling Reports from Committees

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the fourth report of the committee (Budget—study on the issue of dementia in our society—power to hire staff).

(The report is printed as an appendix at pages 835-840 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Stewart Olsen, 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.

o o o

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s fifth report (Bill S-211, An Act respecting National Sickle Cell Awareness Day, without amendment).

The Honourable Senator Cordy moved, seconded by the Honourable Senator Downe, 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.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Downe tabled the following:

Report of the Canadian Delegation of the Canada-Europe Parliamentary Association respecting its participation at the Meeting of the Standing Committee of Parliamentarians of the Arctic Region, held in Bodo, Norway, on May 23 and 24, 2016.—Sessional Paper No. 1/42-703.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Hubley, for the second reading of Bill C-2, An Act to amend the Income Tax Act.

After debate,

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

The bill was then read the second time.

The Honourable Senator Day moved, seconded by the Honourable Senator Hubley, that the bill be referred to the Standing Senate Committee on National Finance.

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

o o o

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

Motions

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

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, October 18, 2016, 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

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

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

o o o

The order was called for resuming debate on the motion of the Honourable Senator Baker, P.C., seconded by the Honourable Senator Harder, P.C., for the adoption of the seventh report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-217, An Act to amend the Criminal Code (detention in custody), with an amendment and observations), presented in the Senate on June 16, 2016.

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

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C., that the bill, as amended, 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.

Senate Public Bills – Second Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

o o o

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

The bill was then read the second time.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Hubley, that the bill be referred to the Special Senate Committee on Senate Modernization.

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

o o o

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

The bill was then read the second time.

The Honourable Senator Cools moved, seconded by the Honourable Senator McCoy, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Orders No. 7 to 22 were called and postponed until the next sitting.

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.

o o o

Consideration of the third report (interim) of the Special Senate Committee on Senate Modernization, entitled: Senate Modernization: Moving Forward (Committees), presented in the Senate on October 4, 2016.

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

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Martin, 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 7 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Maltais for the adoption of the third report of the Standing Committee on Internal Economy, Budgets and Administration (Senate budget for 2016-17), presented in the Senate on February 25, 2016.

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

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

Motions

Orders No. 92, 117, 79, 43, 31, 7, 73, 9, 51, 69 and 60 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, in order to ensure that legislative reports of Senate committees follow a transparent, comprehensible and non-partisan methodology, the Rules of the Senate be amended by replacing rule 12-23(1) by the following:

“Obligation to report bill

12-23. (1) The committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.  In addition, the report shall have appended to it the committee’s observations on:

(a) whether the bill generally conforms with the Constitution of Canada, including:

(i) the Canadian Charter of Rights and Freedoms, and

(ii) the division of legislative powers between Parliament and the provincial and territorial legislatures;

(b) whether the bill conforms with treaties and international agreements that Canada has signed or ratified;

(c) whether the bill unduly impinges on any minority or economically disadvantaged groups;

(d) whether the bill has any impact on one or more provinces or territories;

(e) whether the appropriate consultations have been conducted;

(f) whether the bill contains any obvious drafting errors;

(g) all amendments moved but not adopted in the committee, including the text of these amendments; and

(h) any other matter that, in the committee’s opinion, should be brought to the attention 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.

Inquiries

Orders No. 8, 12, 11, 2, 1 and 3 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Mercer moved, seconded by the Honourable Senator Hubley:

That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on the acquisition of farmland in Canada and its potential impact on the farming sector, including:

(a)reasons behind the increasing value of Canadian farmland;

(b)concerns of agricultural stakeholders and the challenges they face in acquiring farmland;

(c)possible solutions to resolve issues resulting from the acquisition of farmland; and

That the committee submit its final report to the Senate no later than June 30, 2017, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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


With leave of the Senate,

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

That when the Senate adjourns today, it do stand adjourned until Tuesday, October 18, 2016 at 2 p.m.

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 3:23 p.m., the Senate was continued until Tuesday, October 18, 2016, at 2 p.m.)

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

Report of the Federal Bridge Corporation Limited, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-696.

Report on the Witness Protection Program by the Commissioner of the Royal Canadian Mounted Police for the fiscal year ended March 31, 2016, pursuant to the Witness Protection Program Act, S.C. 1996,c. 15, sbs. 16(2).—Sessional Paper No. 1/42-697.

Report of the Royal Canadian Mounted Police External Review Committee for the fiscal year ended March 31, 2016, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985,c. R-10, s. 30.—Sessional Paper No. 1/42-698.

Report on the use of electronic surveillance for the year 2015, pursuant to the Criminal Code, R.S.C. 1985,c. C-46,sbs. 195(4). —Sessional Paper No. 1/42-699.

Report of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police for the fiscal year ended March 31, 2016, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985,c. R-10,s. 45.34.—Sessional Paper No. 1/42-700.

Report of the Parole Board of Canada on Record Suspension Decisions for the fiscal year ended March 31, 2016, pursuant to the Criminal Records Act, R.S.C. 1985,c. C-47, sbs. 11(2).—Sessional Paper No. 1/42-701.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Oh replaced the Honourable Senator Tkachuk (October 5, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Lang was added to the membership (October 6, 2016).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Eaton was added to the membership (October 6, 2016).

The Honourable Senator Oh replaced the Honourable Senator Beyak (October 6, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Ataullahjan replaced the Honourable Senator Beyak (October 5, 2016).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Ngo was added to the membership (October 6, 2016).

The Honourable Senator Lang was removed from the membership of the committee, substitution pending (October 6, 2016).

The Honourable Senator Jaffer replaced the Honourable Senator Cowan (October 6, 2016).

The Honourable Senator Lang replaced the Honourable Senator Doyle (October 6, 2016).

The Honourable Senator Batters replaced the Honourable Senator Ataullahjan (October 6, 2016).

The Honourable Senator Doyle replaced the Honourable Senator Lang (October 5, 2016).

The Honourable Senator Ataullahjan replaced the Honourable Senator Batters (October 5, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Batters replaced the Honourable Senator Unger (October 6, 2016).

The Honourable Senator Unger replaced the Honourable Senator Batters (October 6, 2016).

The Honourable Senator McIntyre replaced the Honourable Senator Raine (October 6, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator McIntyre replaced the Honourable Senator Dagenais (October 5, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Beyak replaced the Honourable Senator Neufeld (October 5, 2016).