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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 63 (Revised)

Wednesday, October 19, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBlackBrazeauCampbellCarignanCoolsCordyCowanDagenaisDayDuffyDyckEatonEggletonEnvergaFrumFureyGagnéHarderHousakosHubleyJafferJoyalKennyLangLankinMaltaisManningMartinMassicotteMcCoyMcInnisMcIntyreMerchantMeredithMitchellMooreMunsonNancy RuthNeufeldNgoOgilvieOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWattWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBlack*BoisvenuBrazeauCampbellCarignanCoolsCordyCowanDagenaisDay*Downe*DoyleDuffyDyckEatonEggletonEnvergaFrumFureyGagnéHarderHousakosHubleyJafferJoyalKennyLangLankin*MacDonaldMaltaisManningMartinMassicotteMcCoyMcInnisMcIntyre*MercerMerchantMeredithMitchell*MocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerWallaceWallinWatt*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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-13, An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act, to which it desires the concurrence of the Senate.

The bill was read the first time.

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 a second reading two days hence.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Andreychuk tabled the following:

Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the Joint Seminar of the Mediterranean and Middle East Special Group and Sub-Committee on Transatlantic Economic Relations, held in Florence, Italy, from November 26 to 28, 2015.—Sessional Paper No. 1/42-743.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the second reading of Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act.

After debate,

The Honourable Senator White moved, seconded by the Honourable Senator Hubley, 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. 2 was 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 – Third Reading

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

Senate Public Bills – Reports of Committees

Consideration of the sixth report of the Standing Senate Committee on National Security and Defence (Bill S-205, An Act to amend the Canada Border Services Agency Act (Inspector General of the Canada Border Services Agency) and to make consequential amendments to other Acts, with amendments), presented in the Senate on June 22, 2016.

The Honourable Senator Lang moved, seconded by the Honourable Senator Raine, that the report be adopted.

After debate,

In amendment, the Honourable Senator Moore moved, seconded by the Honourable Senator Cordy:

That the sixth report of the Standing Senate Committee on National Security and Defence be not now adopted, but that it be amended in amendment No. 1:

(a)by deleting “and” at the end of subparagraph 1(e)(i); and

(b)by adding the following after subparagraph 1(e)(i):

“(i.1) replace lines 24 to 27 with the following:

“than a prosecution for an offence under this”, and”.

After debate,

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

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

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Dyck, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

After debate,

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

The bill was then read the second time.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Harder, P.C., 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. 4 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 to 9 were called and postponed until the next sitting.

Motions

Order No. 60 was 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.”

After debate,

In amendment, the Honourable Senator Nancy Ruth moved, seconded by the Honourable Senator Tkachuk:

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

1.adding the following new subsection after proposed subsection (c):

“(d) whether the bill has received substantive gender-based analysis;”; and

2.by changing the designation for current proposed subsections (d) to (h) to (e) to (i).

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that further debate on the motion in amendment be adjourned until the next sitting.

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

o o o

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

o o o

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Dawson:

That the Senate encourage the federal government, after appropriate consultations, to sponsor along with one or more of the provinces/territories a pilot project, and any complementary studies, to evaluate the cost and impact of implementing a national basic income program based on a negative income tax for the purpose of helping Canadians to escape poverty.

And on the motion in amendment of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That the motion be amended to read as follows:

That the Senate encourage the federal government, after appropriate consultations, to provide support to initiatives by Provinces/Territories, including the Aboriginal Communities, aimed at evaluating the cost and impact of implementing measures, programs and pilot projects for the purpose of helping Canadians to escape poverty, by way of a basic income program (such as a negative income tax) and to report on their relative efficiency.

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Tardif, that further debate on the motion in amendment be adjourned until the next sitting.

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

o o o

Order No. 69 was called and postponed until the next sitting.

Inquiries

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

MOTIONS

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

That, notwithstanding the order of the Senate adopted on Thursday, February 18, 2016, the date for the final report of the Standing Senate Committee on Aboriginal Peoples in relation to its study on best practices and on-going challenges relating to housing in First Nation and Inuit communities in Nunavut, Nunavik, Nunatsiavut and the Northwest Territories be extended from October 31, 2016 to December 31, 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 3:51 p.m., the Senate was continued until tomorrow at 1:30 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator McIntyre replaced the Honourable Senator Runciman (October 19, 2016).

The Honourable Senator Enverga replaced the Honourable Senator Ataullahjan (October 19, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Eaton replaced the Honourable Senator Marshall (October 19, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Martin replaced the Honourable Senator Poirier (October 19, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Mockler replaced the Honourable Senator Maltais (October 19, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Greene replaced the Honourable Senator Smith (October 19, 2016).