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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 76 (Revised)

Thursday, November 24, 2016
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCarignanCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEnvergaForestFraserFrumFureyGagnéGreeneGriffinHarderHartlingHousakosHubleyJafferJoyalKennyLangLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCarignanCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEnvergaForestFraserFrumFureyGagnéGreeneGriffinHarderHartlingHousakosHubleyJafferJoyalKennyLangLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteRuncimanSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWetstonWhiteWoo

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 Bellemare tabled the following:

Copy of the Canadian Intellectual Property Office’s User Fee Proposal, dated September 2016, for changes to patent fees, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs. 4(2).—Sessional Paper No. 1/42-804.

(Pursuant to rule 12-8(2), this document is deemed referred to the Standing Senate Committee on Banking, Trade and Commerce and, pursuant to rule 12-22(5), if that committee does not report within 20 sitting days following the day it received the order of reference, it shall be deemed to have recommended approval of the user fee.)

Copy of the Canadian Intellectual Property Office’s User Fee Proposal, dated September 2016, for changes to trademark fees, pursuant to the User Fees Act, S.C. 2004, c. 6, sbs. 4(2).—Sessional Paper No. 1/42-805.

(Pursuant to rule 12-8(2), this document is deemed referred to the Standing Senate Committee on Banking, Trade and Commerce and, pursuant to rule 12-22(5), if that committee does not report within 20 sitting days following the day it received the order of reference, it shall be deemed to have recommended approval of the user fee.)

Presenting or Tabling Reports from Committees

The Honourable Senator MacDonald presented the following:

Thursday, November 24, 2016

The Standing Senate Committee on Transport and Communications has the honour to present its

FIFTH REPORT

Your committee, to which was referred Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act, has, in obedience to the order of reference of October 25, 2016, examined the said bill and now reports the same with the following amendment:

1.Clause 9, page 5: Add after line 26 the following:

10.52 (1) In this section, dealer  means a person who is engaged in the business of purchasing vehicles or equipment directly from a company and reselling it to another person who purchases it for a purpose other than resale.

(2) If, on the date on which an order is made under section 10.5 or 10.61, a dealer still owns a vehicle or equipment that it purchased from a company that is the subject of the order, the company shall, without delay, either

(a) provide the dealer, at the company’s expense, with the materials, parts or components required to correct a defect or non-compliance in the vehicle or equipment, in accordance with any terms and conditions specified in the order; or

(b)  repurchase the vehicle or equipment from the dealer at the price paid by the dealer, plus transportation costs, and compensate the dealer with an amount equivalent to at least one percent per month of the price paid by the dealer, prorated from the date on which the order was made to the date of purchase.

(3) If the company provides materials, parts or components in accordance with paragraph (2)(a),

(a)  the dealer shall install the materials, parts or components in the vehicle or equipment without delay after it has received them; and

(b)  the company shall compensate the dealer for the cost of installation and with an amount equivalent to at least one percent per month of the price paid by the dealer, prorated from the date on which the order was made to the date the dealer has received the materials, parts or components.”

Respectfully submitted,

MICHAEL L. MACDONALD

Deputy Chair

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

o o o

The Honourable Senator Ngo, for the Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the committee’s sixth report (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, without amendment).

The Honourable Senator Ngo moved, seconded by the Honourable Senator Enverga, that the bill be placed on the Orders of the Day for third reading 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 Maltais moved, seconded by the Honourable Senator Dagenais:

That the Standing Senate Committee on Agriculture and Forestry be authorized to examine and report on the current situation involving the bovine tuberculosis outbreak in southeastern Alberta, the quarantine that farms in Alberta and Saskatchewan are under, and the movement controls in place for cattle. The study will focus on:

(a) factors explaining the outbreak of the disease;

(b) measures taken by the federal government and the relevant authorities to control the spread of the disease and to eradicate it from the Canadian cattle population; and

(c) possible effects on the Canadian cattle sector.

That, for the purposes of this study, the committee have the power to meet, even though the Senate may then be sitting on Tuesday, November 29, 2016 from 4 p.m. to 5 p.m, and that rule 12-18(1) be suspended in relation thereto;

That, pursuant to rule 12-18(2)(b)(i), the committee be authorized to sit from Monday, January 2, 2017 to Monday, January 30, 2017, inclusive, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee submit its final report to the Senate no later than February 28, 2017, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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 – Reports of Committees

Consideration of the eighth report of the Standing Senate Committee on National Finance (Bill C-2, An Act to amend the Income Tax Act, with an amendment), presented in the Senate on November 23, 2016.

The Honourable Senator Smith moved, seconded by the Honourable Senator Beyak, that the report be adopted.

A point of order was raised with respect to receivability of the amendment contained in the report.

After debate,

The Speaker reserved his decision.

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 Greene, seconded by the Honourable Senator Runciman, for the 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.

After debate,

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.

o o o

Orders No. 3 and 4 were 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 Ngo moved, seconded by the Honourable Senator Enverga, 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

Motions

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

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 29, 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 Monday, November 28, 2016 at 6 p.m.;

That committees of the Senate scheduled to meet on Monday, November 28, 2016  be authorized to sit even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto; and

That rule 3-3(1) be suspended on that day.

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 11 were called and postponed until the next sitting.

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 to 6 were called and postponed until the next sitting.

o o o

Consideration of the eighth report (interim) of the Standing Senate Committee on Legal and Constitutional Affairs, entitled Delaying Justice is Denying Justice: An Urgent Need to Address Lengthy Court Delays in Canada, deposited with the Clerk of the Senate on August 12, 2016.

After debate,

The Honourable Senator Runciman moved, seconded by the Honourable Senator Marshall, that further debate on the consideration of the report be adjourned until the next sitting.

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

o o o

Orders No. 8 to 12 were called and postponed until the next sitting.

Motions

Order No. 43 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Cowan:

That the Senate note with concern the escalating and hostile behaviour exhibited by the People’s Republic of China in the South China Sea and consequently urge the Government of Canada to encourage all parties involved, and in particular the People’s Republic of China, to:

(a) recognize and uphold the rights of freedom of navigation and overflight as enshrined in customary international law and in the United Nations Convention on the Law of the Sea;

(b) cease all activities that would complicate or escalate the disputes, such as the construction of artificial islands, land reclamation, and further militarization of the region;

(c) abide by all previous multilateral efforts to resolve the disputes and commit to the successful implementation of a binding Code of Conduct in the South China Sea;

(d) commit to finding a peaceful and diplomatic solution to the disputes in line with the provisions of the UN Convention on the Law of the Sea and respect the settlements reached through international arbitration; and

(e) strengthen efforts to significantly reduce the environmental impacts of the disputes upon the fragile ecosystem of the South China Sea;

That the Senate also urge the Government of Canada to support its regional partners and allies and to take additional steps necessary to de-escalate tensions and restore the peace and stability of the region; and

That a message be sent to the House of Commons to acquaint it with the foregoing.

After debate,

The Honourable Senator Meredith moved, seconded by the Honourable Senator Mitchell, 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. 31, 51, 7, 73, 72, 69 and 89 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.”.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Raine, 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. 79 was called and postponed until the next sitting.

Inquiries

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

MOTIONS

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

That the Standing Senate Committee on Transport and Communications be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study on the development of a strategy to facilitate the transport of crude oil to eastern Canadian refineries and to ports on the East and West coasts of Canada between December 7 and December 15, 2016, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

o o o

The Honourable Senator Mercer moved, seconded by the Honourable Senator Moore:

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, November 29, 2016, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

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

o o o

The Honourable Senator Runciman moved, seconded by the Honourable Senator Patterson:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to meet on Tuesday, November 29, 2016, even though the Senate may then be sitting, and that the application of rule 12-18(1) be suspended in relation thereto.

After debate,

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:40 p.m., the Senate was continued until Monday, November 28, 2016, at 6 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Lovelace Nicholas replaced the Honourable Senator Watt (November 24, 2016).

The Honourable Senator Watt replaced the Honourable Senator Lovelace Nicholas (November 23, 2016).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator McIntyre replaced the Honourable Senator Frum (November 24, 2016).

The Honourable Senator McInnis replaced the Honourable Senator Lang (November 24, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Frum replaced the Honourable Senator McIntyre (November 24, 2016).

Standing Senate Committee on Transport and Communications

The Honourable Senator Unger replaced the Honourable Senator Lang (November 24, 2016).