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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 82 (Revised)

Monday, December 5, 2016
6 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosHubleyJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMeredithMitchellMocklerMoncionMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEggleton*EnvergaForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosHubleyJoyal*Kenny*LangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMeredithMitchellMocklerMoncionMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWellsWetston*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

Presenting or Tabling Reports from Committees

The Honourable Senator Day, Deputy Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented the committee’s eighth report (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, without amendment).

The Honourable Senator Greene moved, seconded by the Honourable Senator Tkachuk, 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.

o o o

The Honourable Senator Day, Deputy Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the ninth report of the committee (Subject matter of Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures).—Sessional Paper No. 1/42-831S.

(Pursuant to the order adopted on November 22, 2016, the report was deemed referred to the Standing Senate Committee on National Finance and placed on the Orders of the Day for consideration at the next sitting.)

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Black, for the third reading of Bill C-2, An Act to amend the Income Tax Act.

After debate,

The Honourable Senator Martin moved, for the Honourable Senator Neufeld, 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.

Bills – Reports of Committees

Order No. 1 was called and postponed until the next sitting.

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 Dean, seconded by the Honourable Senator Moncion, for the second reading of Bill C-26, An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act.

After debate,

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

The bill was then read the second time, on division.

The Honourable Senator Dean moved, seconded by the Honourable Senator Forest, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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


Ordered, That motion No. 142 standing in the name of the Honourable Senator Ogilvie on the Notice Paper be brought forward.

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

That, if Bill C-26, An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act, is read a second time and referred to the Standing Senate Committee on Social Affairs, Science and Technology, that committee have the power to meet for the purposes of its study of the bill even though the Senate may then be sitting, with the provisions of rule 12-18(1) being suspended in relation thereto.

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

Orders of the Day

Government Business

Bills – Second Reading

Orders No. 3 to 5 were called and postponed until the next sitting.

Reports of Committees – Other

Order No. 1 was called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008,c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S.,c. 33(2nd Supp):

-Parts II and III;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;

3.Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17:

-sections 17 and 18;

4.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

5.Preclearance Act, S.C. 1999, c. 20:

-section 37;

6.Public Sector Pension Investment Board Act, S.C. 1999,c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

7.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-sections 89 and 90, subsections 107(1) and (3) and section 109;

8.Marine Liability Act, S.C. 2001,c. 6:

-section 45;

9.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

10.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

11.Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

12.Public Safety Act, 2002, S.C. 2004,c. 15:

-section 78;

13.Amendments and Corrections Act, 2003, S.C. 2004, c. 16:

-sections 10 to 17 and 25 to 27;

14.Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than sections 124 and 125; and

15.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsections 1(1) and 27(2), sections 29 and 102, subsections 140(1) and 166(2), sections 168 and 213, subsections 214(1) and 239(2), section 241, subsection 322(2), section 324, subsections 368(1) and 392(2) and section 394.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Eggleton, 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

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 and 2 were called and postponed until the next sitting.

o o o

Second reading of Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources).

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin, that the bill be read the second time.

After debate,

The Honourable Senator Pratte moved, seconded by the Honourable Senator Campbell, 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. 4 and 5 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Raine, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children).

After debate,

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

The bill was then read the second time.

The Honourable Senator Raine moved, seconded by the Honourable Senator Neufeld, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

o o o

Orders No. 7 to 9 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

Orders No. 1 to 4 were called and postponed until the next sitting.

o o o

Order No. 5 (Third report of the Standing Committee on Internal Economy, Budgets and Administration) was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 6 to 13 were called and postponed until the next sitting.

o o o

Consideration of the seventh report of the Standing Senate Committee on Banking, Trade and Commerce, entitled Copyright Board: A rationale for urgent review, tabled in the Senate on November 30, 2016.

After debate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Nancy Ruth, that the report be adopted.

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

Motions

Orders No. 92, 60, 43, 31, 51, 7, 73, 72, 69 and 89 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 18, 12, 14, 11, 2, 1, 13 and 15 were called and postponed until the next sitting.

MOTIONS

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

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5:00 p.m. on Tuesday, December 6, 2016, and Tuesday, December 13, 2016, 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.

o o o

The Honourable Senator Maltais moved, seconded by the Honourable Senator Dagenais:

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, December 6, 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.

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 8:59 p.m., the Senate was continued until tomorrow at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Maltais replaced the Honourable Senator Ngo (December 5, 2016).

The Honourable Senator Ngo replaced the Honourable Senator Enverga (December 5, 2016).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Tannas replaced the Honourable Senator Oh (December 2, 2016).

The Honourable Senator Smith replaced the Honourable Senator McIntyre (December 2, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Tkachuk replaced the Honourable Senator Enverga (December 5, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Raine (December 2, 2016).

The Honourable Senator Eaton replaced the Honourable Senator Seidman (December 2, 2016).