Journals
Download as PDF
Text size:

65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 71 (Revised)

Tuesday, November 15, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGreeneHarderHartlingHousakosHubleyJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMooreMunsonNgoOgilvieOhPatePetitclercPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTardifUngerWallaceWallinWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierCowanDagenaisDayDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGreeneHarderHartlingHousakosHubleyJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartin*MassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchell*MocklerMooreMunson*NeufeldNgoOgilvieOhPate*PattersonPetitclercPoirierPratteRaineRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTardifUngerWallaceWallinWellsWhiteWoo

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

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:

Yuen Pau Woo,

Patricia Bovey,

René Cormier,

Nancy Hartling,

Gwen Boniface, and

Kim Pate,

respectively, had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there were senators without waiting to be introduced.

o o o

The Honourable Senator Woo was introduced between the Honourable Senator Baker, P.C., and the Honourable Senator Harder, P.C., and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

David Johnston

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

YUEN PAU WOO

of North Vancouver, in the Province of British Columbia,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Woo came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a member of the Senate.

o o o

The Honourable Senator Bovey was introduced between the Honourable Senator Sinclair and the Honourable Senator Harder, P.C., and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

David Johnston

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

PATRICIA BOVEY

of Winnipeg, in the Province of Manitoba,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Bovey came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable Senator Cormier was introduced between the Honourable Senator Ringuette and the Honourable Senator Sinclair, and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

David Johnston

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

RENÉ CORMIER

of Caraquet, in the Province of New Brunswick,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Cormier came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a member of the Senate.

o o o

The Honourable Senator Hartling was introduced between the Honourable Senator McCoy and the Honourable Senator Harder, P.C., and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

David Johnston

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

NANCY HARTLING

A Member of The Order of New Brunswick,

of Riverview, in the Province of New Brunswick,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Hartling came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable Senator Boniface was introduced between the Honourable Senator White and the Honourable Senator Harder, P.C., and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

David Johnston

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

GWEN BONIFACE

A Member of the Order of Ontario,

of Orillia, in the Province of Ontario,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Boniface came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable Senator Pate was introduced between the Honourable Senator Dyck and the Honourable Senator Harder, P.C., and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

David Johnston

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

KIM PATE

A Member of our Order of Canada,

of Ottawa, in the Province of Ontario,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Pate came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable the Speaker informed the Senate that the honourable senators introduced today had made and subscribed the Declaration of Qualification required of them by the Constitution Act, 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

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

Government Response to the fourth report of the Standing Senate Committee on Human Rights, entitled The Forgotten Many: Human Rights and North Korean Defectors, tabled in the Senate on June 20, 2016.—Sessional Paper No. 1/42-792S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Human Rights.)

Presenting or Tabling Reports from Committees

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, informed the Senate that, pursuant to the orders adopted by the Senate on February 23, 2016, and October 27, 2016, the committee deposited with the Clerk of the Senate on November 15, 2016, its sixth report entitled Dementia in Canada: A National Strategy for Dementia-friendly Communities.—Sessional Paper No. 1/42-791S.

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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Manning moved, seconded by the Honourable Senator Smith:

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, November 15, 2016, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

Orders of the Day

Government Business

Bills – Second Reading

Second reading of Bill S-4, An Act to implement a Convention and an Arrangement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and to amend an Act in respect of a similar Agreement.

The Honourable Senator Greene moved, seconded by the Honourable Senator Runciman, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Batters, 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 Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration).

Debate.

With leave of the Senate,

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

Document entitled Stage | Descheneaux Decision Information Sessions (English text). —Sessional Paper No. 1/42-793S.

Question Period

Pursuant to the order adopted on November 3, 2016, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  MaryAnn Mihychuk, P.C., M.P., Minister of Employment, Workforce Development and Labour, entered the Senate and took part in Question Period.

Orders of the Day

Government Business

Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration).

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

Orders No. 3 and 4 were called and postponed until the next sitting.

Motions

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Petitclerc:

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (B) for the fiscal year ending March 31, 2017.

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 – Second Reading

Orders No. 1 to 12 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator Johnson, for the second reading of Bill S-214, An Act to amend the Food and Drugs Act (cruelty-free cosmetics).

The Honourable Senator Meredith moved, seconded by the Honourable Senator Wallin, 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. 14 was called and postponed until the next sitting.

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 Wells.

o o o

Order No. 2 was called and postponed until the next sitting.

Reports of Committees – Other

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

o o o

Consideration of the 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.

After debate,

Further debate on the consideration of the report was adjourned until the next sitting, in the name of the Honourable Senator McInnis.

o o o

Orders No. 5 to 7 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette for the adoption 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.

Debate.

A point of order was raised with respect to the use of unparliamentary language.

SPEAKER'S RULING

Honourable senators will know, of course, that rule 6-13(1) states:

All personal, sharp or taxing speeches are unparliamentary and are out of order.

I would therefore ask senators to avoid unnecessarily impugning motives to senators who enter debate. That has no place in debate; we are debating the substance of motions and bills, not what goes behind any particular senator’s personal reason for doing it.

I therefore ask and urge all honourable senators to use tempered language and decorum in all debates.

The Senate resumed debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette for the adoption 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.

After debate,

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

o o o

Orders No. 9 and 10 were called and postponed until the next sitting.

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 5:50 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 on the administration of the Species at Risk Act for the year 2015, pursuant to the Act, S.C. 2002,c. 29,s. 126—Sessional Paper No. 1/42-783.

2015-2016 Annual Report of the Public Service Labour Relations and Employment Board, pursuant to the Public Service Labour Relations and Employment Board Act, S.C. 2013,c.40,s. 365.—Sessional Paper No. 1/42-784.

Report of the Public Service Labour Relations and Employment Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2016, pursuant to Act, R.S.C. 1985,c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 1/42-785.

Actuarial Report (including the certification of assets) on the Pension Plan for the Royal Canadian Mounted Police, as at March 31, 2015, and certificate of assets of the Pension Plan, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11,s. 30.—Sessional Paper No. 1/42-786.

Report of the Canadian Transportation Agency for the fiscal year ended March 31, 2016, pursuant to the Canada Transportation Act, S.C. 1996,c. 10, sbs. 42(3).—Sessional Paper No. 1/42-787.

Audit Report for the Office of the Auditor General for the fiscal year ended March 31, 2016, pursuant to the Auditor General Act, R.S.C. 1985,c. A-17,sbs. 21(2).—Sessional Paper No. 1/42-788.

Copy of Regulations Amending the Regulations Implementing the United Nations Resolutions on the Democratic People’s Republic of Korea (P.C. 2016-935), pursuant to the United Nations Act, R.S.C. 1985,c. U-2, sbs. 4(1).—Sessional Paper No. 1/42-789.

List of outstanding specific legislative proposals to amend listed tax laws announced prior to April 1, 2015, pursuant to the Financial Administration Act, S.C. 2014,c. 20, s. 31.—Sessional Paper No. 1/42-790.

Sixth report of the Standing Senate Committee on Social Affairs, Science and Technology entitled Dementia in Canada: A National Strategy for Dementia-friendly Communities, deposited with the Clerk of the Senate on November 15, 2016, pursuant to the orders adopted by the Senate on February 23, 2016 and October 27, 2016.—Sessional Paper No. 1/42-791S.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Beyak replaced the Honourable Senator Poirier (November 15, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Enverga replaced the Honourable Senator Mockler (November 15, 2016).

The Honourable Senator Mockler replaced the Honourable Senator Maltais (November 15, 2016).

The Honourable Senator Maltais replaced the Honourable Senator Mockler (November 14, 2016).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Tkachuk replaced the Honourable Senator McIntyre (November 15, 2016).

The Honourable Senator McIntyre replaced the Honourable Senator Tkachuk (November 14, 2016).

Special Senate Committee on Senate Modernization

The Honourable Senator Maltais replaced the Honourable Senator Mockler (November 15, 2016).