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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 62 (Revised)

Tuesday, October 18, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBrazeauCampbellCarignanCoolsCordyCowanDagenaisDayDuffyDyckEggletonEnvergaFrumFureyGagnéHarderHousakosHubleyJafferJoyalKennyLangLankinMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMerchantMitchellMocklerMooreMunsonNeufeldNgoOgilvieOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemare*BoisvenuBrazeauCampbellCarignanCoolsCordyCowanDagenaisDay*Downe*DoyleDuffyDyckEggletonEnvergaFrumFureyGagnéHarderHousakosHubleyJafferJoyalKennyLangLankinMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyre*MercerMerchantMitchellMocklerMooreMunsonNeufeldNgoOgilvieOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallin*WellsWhite

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:

Annual Report 2015-16 of the Taxpayers’ Ombudsman.—Sessional Paper No. 1/42-728.

o o o

With leave of the Senate,

The Honourable Senator Dyck tabled the following:

Resolutions of the Federation of Sovereign Indigenous Nations and the Assembly of First Nations in support of Bill S-215.—Sessional Paper No. 1/42-729S.

Presenting or Tabling Reports from Committees

The Honourable Senator Massicotte presented the following:

Tuesday, October 18, 2016

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

SEVENTH 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 regional representation in the Senate and now recommends the following:

That the Senate direct the Committee on Rules, Procedures and the Rights of Parliament to consider and recommend amendments to the Rules of the Senate to require standing committees to consider regional impacts in their reports on legislation by way of observations or in the report of subject-matter studies, where significant and prejudicial.

That the Senate direct the Committee on Internal Economy, Budgets and Administration to make available sufficient funds for committees to travel to all regions of the country when studying bills with potential regional impacts or when considering issues with potential regional impacts where significant or important.

Respectfully submitted,

PAUL J. MASSICOTTE

The Honourable Senator Massicotte moved, seconded by the Honourable Senator Dyck, 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 Tardif presented the following:

Tuesday, October 18, 2016

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

EIGHTH 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 broadcasting of Senate proceedings, and now recommends the following:

That the Senate direct the Committee on Internal Economy, Budgets and Administration to ensure that the Government Conference Centre be equipped with cameras, facilities and resources to enable the broadcasting or webcasting of Senate proceedings.

That the Senate direct the Committee on Rules, Procedure and Rights of Parliament to examine and propose to the Senate any amendments to the Rules of the Senate to allow and facilitate broadcasting of its proceedings.

That the Senate direct the Senate administration to negotiate with the Canadian Public Affairs Channel to provide for more broadcast exposure of Senate proceedings, whether committee or Chamber.

Respectfully submitted,

CLAUDETTE TARDIF

The Honourable Senator Tardif moved, seconded by the Honourable Senator Joyal, 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.

Delayed Answers

Pursuant to rule 4-10(2), the Honourable Senator Harder, P.C., tabled the following:

Reply to Question No. 1, dated April 14, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting employees of Global Affairs Canada.—Sessional Paper No. 1/42-730S.

o o o

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

Response to the oral question asked in the Senate on April 14, 2016 by the Honourable Senator Housakos, concerning the expansion of the Toronto City Airport.—Sessional Paper No. 1/42-731S.

Response to the oral question asked in the Senate on April 14, 2016 by the Honourable Senator White, concerning airport security.—Sessional Paper No. 1/42-732S.

Response to the oral question asked in the Senate on April 19, 2016 by the Honourable Senator Carignan, P.C., concerning the Canada-Panama Free Trade Agreement.—Sessional Paper No. 1/42-733S.

Response to the oral question asked in the Senate on April 19, 2016 by the Honourable Senator Fraser, concerning the Canada-Panama Free Trade Agreement.—Sessional Paper No. 1/42-734S.

Response to the oral question asked in the Senate on May 4, 2016 by the Honourable Senator Downe, concerning time limits for answers to written questions.—Sessional Paper No. 1/42-735S.

Response to the oral question asked in the Senate on May 4, 2016 by the Honourable Senator Patterson, concerning Iran—weapons sales.—Sessional Paper No. 1/42-736S.

Response to the oral question asked in the Senate on May 5, 2016 by the Honourable Senator Carignan, P.C., concerning Canada Post—home delivery.—Sessional Paper No. 1/42-737S.

Response to the oral question asked in the Senate on May 10, 2016 by the Honourable Senator Patterson, concerning Nunavut—northern infrastructure.—Sessional Paper No. 1/42-738S.

Response to the oral question asked in the Senate on June 8, 2016 by the Honourable Senator Tardif, concerning Air Canada—bilingual services.—Sessional Paper No. 1/42-739S.

Response to the oral question asked in the Senate on June 16, 2016 by the Honourable Senator Martin, concerning the Minister’s visit to South Korea.—Sessional Paper No. 1/42-740S.

Response to the oral question asked in the Senate on June 16, 2016 by the Honourable Senator Martin, concerning the Minister’s visit to South Korea.—Sessional Paper No. 1/42-741S.

Response to the oral question asked in the Senate on June 16, 2016 by the Honourable Senator Nancy Ruth, concerning extractive sector—business practices.—Sessional Paper No. 1/42-742S.

Orders of the Day

Government Business

Bills – Second Reading

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

Motions

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

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.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

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

o o o

Third reading of Bill S-217, An Act to amend the Criminal Code (detention in custody), as amended.

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

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.

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

Orders No. 1 to 20 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

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day for the adoption 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.

After debate,

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

o o o

Orders No. 2 and 3 were called and postponed until the next sitting.

o o o

Consideration of the fourth report of the Standing Senate Committee on Social Affairs, Science and Technology (Budget—study on the issue of dementia in our society—power to hire staff), presented in the Senate on October 6, 2016.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Patterson, that the report be adopted.

After debate,

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

o o o

Orders No. 5 to 10 were called and postponed until the next sitting.

Motions

Orders No. 89 and 92 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 Campbell, 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.

With leave of the Senate and pursuant to rule 5-10(1), the motion was withdawn.

o o o

Orders No. 79, 43, 31, 7, 73, 9, 51 and 69 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 Demers:

That, in order to provide for a representative of independent, non-partisan senators to be elected to the Standing Committee on Ethics and Conflict of Interest for Senators;

1. The Rules of the Senate be amended by replacing rule 12-27(1) by the following:

Appointment of Committee

12-27. (1) As soon as practicable at the beginning of each session, the Leader of the recognized party with the largest number of Senators shall move a motion, seconded by the Leader of the recognized party with the second largest number of Senators, on the membership of the Standing Committee on Ethics and Conflict of Interest for Senators. This motion shall be deemed adopted without debate or vote, and a similar motion shall be moved for any substitutions in the membership of the Committee.”; and

2. The Ethics and Conflict of Interest Code for Senators be amended by replacing subsections 35(4) to (6) by the following:

Election of members

(4) Two of the Committee members shall be elected by secret ballot in the caucus of the recognized party with the largest number of Senators at the opening of the session; two of the Committee members shall be elected by secret ballot in the caucus of the recognized party with the second largest number of Senators at the opening of the session; the fifth member shall be elected by secret ballot by the majority of the Senators who are authorized to attend sittings of the Senate and who do not belong to the caucus of the recognized party with either the largest or second largest number of Senators at an in camera meeting called by the Clerk of the Senate at the opening of the session.

Presentation and adoption of motion

(5) The Leader of the recognized party with the largest number of Senators, seconded by the Leader of the recognized party with the second largest number of Senators, shall present a motion on the full membership of the Committee to the Senate, which motion shall be deemed adopted without any debate or vote.

Chair

(6) The Chair of the Committee shall be elected by its five members.”.

The Honourable Senator Ringuette moved, seconded by the Honourable Senator McCoy, 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 and 1 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Fraser, calling the attention of the Senate to the work of the Inter-Parliamentary Union’s Committee on the Human Rights of Parliamentarians.

Debate concluded.


Ordered, That the sitting be suspended to reassemble at the call of the chair, with a five minute bell.

(Accordingly, at 3:19 p.m., the sitting was suspended.)

At 3:45 p.m., the sitting resumed.

Question Period

Pursuant to the order adopted on October 6, 2016, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Judy Foote, P.C., M.P., Minister of Public Services and Procurement, entered the Senate and took part in Question Period.

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 4:29 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)

Report of Defence Construction (1951) 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. 1/42-704.

Report of the Canada Lands Company 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. 1/42-705.

Report of the Copyright Board for the fiscal year ended March 31, 2016, pursuant to the Copyright Act, R.S.C. 1985,c. C-42,sbs. 66.9(2).—Sessional Paper No. 1/42-706.

Report of the International Development Research Centre, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the International Development Research Centre Act, R.S.C. 1985,c. I-19,sbs. 22(2).—Sessional Paper No. 1/42-707.

Report on the Implementation of the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, and the Enforcement of the Corruption of Foreign Public Officials Act, pursuant to the Act, S.C. 1998,c. 34,s. 12.—Sessional Paper No. 1/42-708.

Report of the Canada Council for the Arts, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Canada Council for the Arts Act, R.S.C. 1985,c. C-2,sbs. 21(2).—Sessional Paper No. 1/42-709.

Report of the Canadian Broadcasting Corporation, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Broadcasting Act, S.C. 1991, c.11, sbs. 71(1).—Sessional Paper No. 1/42-710.

Report of Telefilm Canada, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Telefilm Canada Act, R.S.C. 1985, c. C-16, sbs. 23(2).—Sessional Paper No. 1/42-711.

Report of the National Capital Commission, 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. 1/42-712.

Report of the Canadian Race Relations Foundation, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Canadian Race Relations Foundation Act, S.C. 1991, c. 8,sbs. 26(3).—Sessional Paper No. 1/42-713.

Report of the National Gallery of Canada, 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. 1/42-714.

Report of the Canadian Museum for Human Rights, 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. 1/42-715.

Report of the Canadian Museum of Immigration at Pier 21, 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. 1/42-716.

Report of the Office of the Superintendent of Financial Institutions, together with the Auditors’ Report, for the fiscal year ended March 31, 2016, pursuant to the Office of the Superintendent of Financial Institutions Act, R.S.C. 1985,c. 18 (3rd Supp.), Part I, s. 40.—Sessional Paper No. 1/42-717.

Report of the Financial Consumer Agency of Canada, together with the Auditors’ Report, for the fiscal year ended March 31, 2016, pursuant to the Financial Consumer Agency of Canada Act, S.C. 2001,c. 9, s. 34.—Sessional Paper No. 1/42-718.

Report of the Canadian Securities Regulation Regime Transition Office, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Canadian Securities Regulation Regime Transition Office Act, S.C. 2009,c. 2,ss. 297 “16(1) and (2)” and 298.—Sessional Paper No. 1/42-719.

Foreign Extraterritorial Measures (United States) Order, 2014 (SOR/2015-12), pursuant to the Foreign Extraterritorial Measures Act, R.S.C. 1985, c. F-29, s. 10.—Sessional Paper No. 1/42-720.

Summaries of the Corporate Plan for 2016-2017 to 2020-2021 and of the Capital and Operating Budgets for 2016-2017 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-721.

Summaries of the Corporate Plan for 2016-2017 to 2020-2021 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11,sbs. 125(4).—Sessional Paper No. 1/42-722.

Report of the National Film Board, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the National Film Act, R.S.C. 1985,c. N-8,sbs. 20(2).—Sessional Paper No. 1/42-723.

Summaries of the Corporate Plan for 2015-2019 and of the Capital Budget for 2015 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-724.

Summaries of the Corporate Plan for 2016-2020 and of the Capital Budget for 2016 of the Royal Canadian Mint, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11,sbs. 125(4).—Sessional Paper No. 1/42-725.

Report of the Asia-Pacific Foundation of Canada for the fiscal year ended March 31, 2016, pursuant to the Asia-Pacific Foundation of Canada Act, R.S.C. 1985,c. A-13,s. 36.—Sessional Paper No. 1/42-726.

Report on the operations of the Exchange Fund Account for the fiscal year ended March 31, 2016, pursuant to the Currency Act, R.S.C. 1985, c. C-52,sbs. 21(1).—Sessional Paper No. 1/42-727.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Lang replaced the Honourable Senator Greene (October 17, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Runciman replaced the Honourable Senator Mockler (October 18, 2016).

The Honourable Senator Ataullahjan replaced the Honourable Senator MacDonald (October 17, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Marshall replaced the Honourable Senator Eaton (October 18, 2016).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Maltais replaced the Honourable Senator Oh (October 18, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Poirier replaced the Honourable Senator Martin (October 18, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Maltais replaced the Honourable Senator Mockler (October 18, 2016).

The Honourable Senator Eaton replaced the Honourable Senator Dagenais (October 18, 2016).

The Honourable Senator Dagenais replaced the Honourable Senator Eaton (October 17, 2016).

The Honourable Senator Mockler replaced the Honourable Senator Tkachuk (October 12, 2016).

The Honourable Senator Ataullahjan replaced the Honourable Senator Beyak (October 12, 2016).

Standing Senate Committee on Official Languages

The Honourable Senator Fraser replaced the Honourable Senator Jaffer (October 11, 2016).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Wells replaced the Honourable Senator Poirier (October 18, 2016).

The Honourable Senator Poirier replaced the Honourable Senator Wells (October 17, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Smith replaced the Honourable Senator Greene (October 18, 2016).

The Honourable Senator Mockler was added to the membership (October 18, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Neufeld replaced the Honourable Senator Beyak (October 12, 2016).

Standing Senate Committee on Transport and Communications

The Honourable Senator Mockler replaced the Honourable Senator Unger (October 17, 2016).

The Honourable Senator Unger replaced the Honourable Senator Smith (October 17, 2016).

The Honourable Senator Smith replaced the Honourable Senator Unger (October 14, 2016).