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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 67 (Revised)

Thursday, October 27, 2016
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

BakerBattersBellemareBlackBoisvenuCampbellCoolsCordyDagenaisDayDowneDoyleDuffyDyckEatonFraserFrumFureyGagnéGreeneHarderHousakosJafferJoyalLangMacDonaldMaltaisMarshallMartinMcCoyMcIntyreMercerMerchantMeredithMitchellMocklerMooreNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPratteRaineRinguetteRuncimanSeidmanSinclairSmithTannasTardifTkachukUngerWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

*AtaullahjanBakerBattersBellemareBlackBoisvenuCampbellCoolsCordyDagenaisDayDowneDoyleDuffyDyckEaton*EnvergaFraserFrumFureyGagnéGreeneHarderHousakos*HubleyJafferJoyalLangMacDonaldMaltais*ManningMarshallMartinMcCoy*McInnisMcIntyreMercerMerchantMeredithMitchellMocklerMoore*MunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlett*PoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmith*Stewart OlsenTannasTardifTkachukUngerWallaceWallinWattWellsWhite

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

Presenting or Tabling Reports from Committees

The Honourable Senator Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented the third report of the committee (Supplementary budget—study on the effects of transitioning to a low carbon economy).

(The report is printed as an appendix at pages 903-904 (available in print format PDF).)

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

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Mockler, 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.

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 Omidvar, seconded by the Honourable Senator Gagné, for the second reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act.

After debate,

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Petitclerc, 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

Second reading of 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.

The Honourable Senator Black moved, seconded by the Honourable Senator Fraser, that the bill be read the second time.

After debate,

The Honourable Senator Frum moved, for the Honourable Senator Andreychuk, 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

Order No. 4 was called and postponed until the next sitting.

Motions

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

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, November 1, 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

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, November 1, 2016 at 2 p.m.

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 – 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 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,

The Honourable Senator Moore moved, seconded by the Honourable Senator Fraser, 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 Patterson, seconded by the Honourable Senator Enverga, for the second reading of Bill S-221, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Baker, P.C., 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 Moore, seconded by the Honourable Senator Dawson, for the second reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).

After debate,

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

o o o

Orders No. 5 to 16 were called and postponed until the next sitting.

o o o

Order No. 17 (Bill S-220) was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

Commons Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Tkachuk, for the second reading of Bill C-210, An Act to amend the National Anthem Act (gender).

After debate,

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

Reports of Committees – Other

Orders No. 1 to 8 were called and postponed until the next sitting.

o o o

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

The Honourable Senator McCoy moved, seconded by the Honourable Senator Ringuette, that the report be adopted.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Gagné, 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. 10 and 11 were called and postponed until the next sitting.

Motions

Orders No. 69, 89, 51, 60, 92, 79, 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;”.

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

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Runciman:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3.This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

After debate,

The Honourable Senator Maltais 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

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Day:

That the Standing Senate Committee on Banking, Trade and Commerce, when and if it is formed, be authorized to examine and report on Canada’s export performance as compared to international best practices in order to provide recommendations to improve Canada’s current export performance, the worst in 30 years according to the OECD;

That the committee make a preliminary report on the current export performance to the Senate no later than April 14, 2016; and

That the committee make to the Senate a final report on the implementation of an integrated policy for all partners to improve Canadian exports to all countries, especially those with which Canada has a free trade agreement, no later than December 16, 2016.

After debate,

The Honourable Senator McCoy moved, for the Honourable Senator Wallin, 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.

Inquiries

Orders No. 13, 15, 8, 12, 11 and 2 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Chaput, calling the attention of the Senate to the Program to Support Linguistic Rights, the importance of ensuring public financing of court actions that seek to create a fair and just society and to the urgent need for the federal government to re-establish the Court Challenges Program.

After debate,

With leave of the Senate,

The Honourable Senator Maltais moved, seconded by the Honourable Senator Dagenais, that further debate on the inquiry be adjourned until the next sitting.

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

MOTIONS

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Moore:

The Senate invite the Government of Canada to mark the 150th anniversary of Confederation by striking a commemorative medal which, with the traditional symbols of Canada, would recognize the inestimable contribution made by aboriginal peoples to the emergence of a better Canada; and

That this medal be distributed, among others, to those persons who contributed to improving the living conditions of all Canadians in a significant manner over the last 50 years.

After debate,

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Moore, 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

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Marshall:

That the Standing Senate Committee on Social Affairs, Science and Technology be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study on the issue of dementia in our society between November 10 and November 17, 2016, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

After debate,

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

ADJOURNMENT

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

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 Tuesday, November 1, 2016, at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Beyak replaced the Honourable Senator Raine (October 27, 2016).

The Honourable Senator Raine replaced the Honourable Senator Beyak (October 26, 2016).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Enverga replaced the Honourable Senator Patterson (October 27, 2016).

The Honourable Senator Patterson replaced the Honourable Senator MacDonald (October 27, 2016).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Poirier replaced the Honourable Senator Martin (October 27, 2016).

The Honourable Senator Ataullahjan replaced the Honourable Senator Marshall (October 27, 2016).

The Honourable Senator Martin replaced the Honourable Senator Poirier (October 26, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Andreychuk replaced the Honourable Senator Batters (October 27, 2016).