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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 74 (Revised)

Tuesday, November 22, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCormierDagenaisDeanDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneGriffinHarderHartlingHousakosHubleyJoyalLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMercerMerchantMeredithMitchellMocklerMoncionMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifWallaceWallinWattWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCools*CordyCormierDagenais*DayDeanDowneDoyleDuffyDyckEatonEggletonEnvergaFraserFrumFureyGagnéGreeneGriffinHarderHartlingHousakosHubleyJoyalLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMercerMerchantMeredithMitchellMocklerMoncionMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifWallaceWallinWattWellsWetston*WhiteWoo

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:

Departmental Performance Reports for the fiscal year ended March 31, 2016:

Administrative Tribunals Support Service of Canada

Agriculture and Agri-Food Canada

Atlantic Canada Opportunities Agency

Canada Border Services Agency

Canada Economic Development for Quebec Regions

Canada Revenue Agency

Canada School of Public Service

Canadian Centre for Occupational Health and Safety

Canadian Environmental Assessment Agency

Canadian Food Inspection Agency

Canadian Grain Commission

Canadian Heritage

Canadian Human Rights Commission

Canadian Institutes of Health Research

Canadian Intergovernmental Conference Secretariat

Canadian Northern Economic Development Agency

Canadian Nuclear Safety Commission

Canadian Radio-television and Telecommunications Commission

Canadian Space Agency

Canadian Transportation Agency

Civilian Review and Complaints Commission for the RCMP

Copyright Board of Canada

Correctional Service Canada

Courts Administration Service

Department of Finance Canada

Department of Justice

Employment and Social Development Canada

Environment and Climate Change Canada

Federal Economic Development Agency for Southern Ontario

Financial Transactions and Reports Analysis Centre of Canada

Fisheries and Oceans Canada

Global Affairs Canada

Health Canada

Immigration and Refugee Board of Canada

Immigration, Refugees and Citizenship Canada

Indigenous and Northern Affairs

Infrastructure Canada

Innovation, Science and Economic Development Canada

Library and Archives Canada

Military Grievances External Review Committee

Military Police Complaints Commission of Canada

National Battlefields Commission

National Defence and the Canadian Armed Forces

National Energy Board

National Film Board

National Research Council Canada

Natural Resources Canada

Natural Sciences and Engineering Research Council of Canada

Northern Pipeline Agency Canada

Office of the Auditor General of Canada

Office of the Chief Electoral Officer

Office of the Commissioner for Federal Judicial Affairs Canada

Office of the Commissioner of Lobbying of Canada

Office of the Commissioner of Official Languages

Office of the Communications Security Establishment Commissioner

Office of the Correctional Investigator

Office of the Information Commissioner of Canada

Office of the Privacy Commissioner of Canada

Office of the Public Sector Integrity Commissioner of Canada

Office of the Registrar of the Supreme Court of Canada

Office of the Superintendent of Financial Institutions

Parks Canada

Parole Board of Canada

Patented Medicine Prices Review Board

Polar Knowledge Canada

Privy Council Office

Public Health Agency of Canada

Public Prosecution Service of Canada

Public Safety Canada

Public Service Commission of Canada

Public Services and Procurement Canada

RCMP External Review Committee

Royal Canadian Mounted Police

Security Intelligence Review Committee

Shared Services Canada

Social Sciences and Humanities Research Council

Statistics Canada

Status of Women Canada

Transport Canada

Transportation Safety Board of Canada

Treasury Board of Canada Secretariat

Veterans Affairs Canada

Veterans Review and Appeal Board

Western Economic Diversification Canada.—Sessional Paper No. 1/42-802.

2015-16 Annual Report of the Public Service Commission of Canada.—Sessional Paper No. 1/42-803.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, 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.

o o o

The Honourable Senator Harder, P.C., introduced Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts.

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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Carignan, P.C., introduced Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources).

The bill was read the first time.

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin, 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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

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

Motions

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

That, in accordance with rule 10-11(1), the Standing Senate Committee on National Finance be authorized to examine the subject matter of all of Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, introduced in the House of Commons on October 25, 2016, in advance of the said bill coming before the Senate;

That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-29 even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

That, in addition, and notwithstanding any normal practice:

1. The following committees be separately authorized to examine the subject matter of the following elements contained in Bill C-29 in advance of it coming before the Senate:

(a)the Standing Senate Committee on Social Affairs, Science and Technology: those elements contained in Divisions 1 and 2 of Part 4; and

(b)the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 3, 4, 5, 6 and 7 of Part 4;

2. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-29 be authorized to meet for the purposes of their studies of those elements even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

3. The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-29 submit their final reports to the Senate no later than December 6, 2016;

4. As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-29 are tabled in the Senate, they be placed on the Orders of the Day for consideration at the next sitting; and

5. The Standing Senate Committee on National Finance be simultaneously authorized to take any reports tabled under point four into consideration during its study of the subject matter of all of Bill C-29.

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 Black:

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 Wednesday, November 23, 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 – Second Reading

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

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).

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

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonEnvergaFrumHousakosLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOgilvieOhPattersonPlettPoirierRaineSeidmanSmithStewart OlsenTannasWells—34

NAYS

The Honourable Senators

BakerBellemareBlackBonifaceBoveyBrazeauCoolsCormierDeanDowneDuffyDyckEggletonFraserGagnéGriffinHarderHartlingHubleyJoyalLankinLovelace NicholasMarwahMassicotteMcCoyMercerMerchantMeredithMitchellMoncionMooreMunsonNancy RuthOmidvarPatePetitclercPratteRinguetteSibbestonTardifWallaceWallinWattWetstonWoo—45

ABSTENTIONS

The Honourable Senators

CampbellGreeneRunciman—3

The Senate resumed 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,

In amendment, the Honourable Senator Tannas moved, seconded by the Honourable Senator Batters:

That Bill S-203 be not now read a second time but that it be read a second time this day six months hence.

After debate,

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

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonEnvergaFrumHousakosLangMacDonaldMaltaisMartinMocklerNeufeldNgoOgilvieOhPlettPoirierRaineSeidmanSmithStewart Olsen—27

NAYS

The Honourable Senators

BakerBellemareBlackBonifaceBoveyBrazeauCampbellCoolsCormierDeanDowneDuffyDyckEggletonFraserGagnéGriffinHarderHartlingJoyalLankinLovelace NicholasManningMarshallMarwahMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMoncionMooreMunsonNancy RuthOmidvarPatePetitclercPratteRinguetteTardifWallaceWallinWattWoo—47

ABSTENTIONS

The Honourable Senators

GreenePattersonRuncimanTannas—4

The Senate resumed 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).

And on the motion in amendment of the Honourable Senator Tannas, seconded by the Honourable Senator Batters:

That Bill S-203 be not now read a second time but that it be read a second time this day six months hence.

The question was put on the motion in amendment.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

o o o

Order No. 10 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Baker, P.C., for the second reading of Bill S-210, An Act to amend An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts.

The Honourable Senator Mockler 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.

Commons Public Bills – Second Reading

Orders No. 1 and 2 were 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 eighth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Broadcasting), presented in the Senate on October 18, 2016.

The Honourable Senator Tardif moved, seconded by the Honourable Senator Moore, that the report be adopted.

After debate,

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

o o o

Consideration of the 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.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Eggleton, P.C.:

That the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology, tabled with the Clerk of the Senate on Tuesday, November 15, 2016, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Health being identified as minister responsible for responding to the report.

After debate,

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

o o o

Orders No. 6 to 12 were called and postponed until the next sitting.

o o o

Consideration of the seventh report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Regional interest), presented in the Senate on October 18, 2016.

The Honourable Senator Massicotte moved, seconded by the Honourable Senator Moore, that the report be adopted.

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.

Motions

Orders No. 92, 31, 51, 7 and 73 were called and postponed until the next sitting.

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,

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

Orders No. 72, 69, 89, 60 and 79 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Joyal, P.C.:

That, notwithstanding rule 12-27(1) and subsections 35(1), (4), (5) and (8) of the Ethics and Conflict of Interest Code for Senators, the Honourable Senators Andreychuk, Cordy, Frum, Joyal, P.C. and Tannas, be appointed to serve on the Standing Committee on Ethics and Conflict of Interest for Senators, until such time as a motion pursuant to rule 12-27(1) is adopted by the Senate; and

That, when a vacancy occurs in the membership of the committee before the establishment of the committee pursuant to rule 12-27(1), the replacement member shall be appointed by order of the Senate.

And on the motion in amendment of the Honourable Senator McCoy, seconded by the Honourable Senator Wallace:

That the motion be not now adopted, but that it be amended by replacing all words following the words “Ethics and Conflict of Interest Code for Senators,” by the following:

“the Standing Committee on Ethics and Conflict of Interest for Senators be composed of two Conservative senators, two Liberal senators, and one independent senator;

That the Conservative senators select the Conservative members to sit on the committee by means of a secret ballot;

That the Liberal senators select the Liberal members to sit on the committee by means of a secret ballot;

That the independent senators who are authorized to attend the Senate select the independent member to sit on the committee by means of a secret ballot;

That each of the groups of Conservative, Liberal and independent senators select a representative to move a motion in the Senate without notice that the selected senator or senators be a member or members of the committee, which motion shall be deemed seconded and adopted when moved;

That, when a vacancy occurs in the membership of the committee before the establishment of the committee pursuant to rule 12-27(1), the replacement member be appointed by the same process used to name the previous member of the committee; and

That the membership of Standing Committee on Ethics and Conflict of Interest for Senators as established pursuant to this motion remain in effect until such time as a motion pursuant to rule 12-27(1) is adopted by the Senate.”.

After debate,

In amendment, the Honourable Senator Pratte moved, seconded by the Honourable Senator Gagné:

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

1.replacing the words “two Liberal senators, and one independent senator” by the words “one Liberal senator and two independent senators”;

2.replacing the words “the Liberal members” by the words “the Liberal member”; and

3.replacing the words “the independent member” by the words “the independent members”.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Mockler, that further debate on the subamendment be adjourned until the next sitting.

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

Inquiries

Orders No. 11, 2, 1, 13, 15, 8 and 12 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld:

That, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the Government to the Sixteenth Report of the Standing Senate Committee on National Security and Defence, entitled Vigilance, Accountability and Security at Canada’s Borders, tabled on June 18, 2015 and adopted in the Senate on June 22, 2015, during the Second Session of the Forty-first Parliament, with the Minister of Public Safety and Emergency Preparedness being identified as minister responsible for responding to the report.

After debate,

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

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Lankin, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 6:46 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)

Summary of the Corporate Plan for 2016-2017 to 2020-2021 for the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985,c. F-11,sbs. 125(4).—Sessional Paper No. 1/42-799.

Management Plan for Sirmilik National Park of Canada, pursuant to the Canada National Parks Act, S.C. 2000,c. 32, sbs. 11(1).—Sessional Paper No. 1/42-800.

Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2016, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000,c. 17, sbs. 71(1).—Sessional Paper No. 1/42-801.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Poirier replaced the Honourable Senator Runciman (November 22, 2016).

The Honourable Senator Runciman replaced the Honourable Senator Poirier (November 21, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Frum replaced the Honourable Senator McIntyre (November 22, 2016).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Tkachuk replaced the Honourable Senator McIntyre (November 22, 2016).

The Honourable Senator Martin replaced the Honourable Senator Poirier (November 22, 2016).

The Honourable Senator White replaced the Honourable Senator Manning (November 22, 2016).

The Honourable Senator Poirier replaced the Honourable Senator Martin (November 22, 2016).

The Honourable Senator Manning replaced the Honourable Senator White (November 21, 2016).

The Honourable Senator McIntyre replaced the Honourable Senator Tkachuk (November 21, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator McIntyre replaced the Honourable Senator Frum (November 22, 2016).