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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 84 (Revised)

Wednesday, December 7, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosHubleyJoyalLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMeredithMitchellMocklerMoncionMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggleton*EnvergaForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosHubleyJoyalLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMeredithMitchellMocklerMoncionMooreMunsonNancy RuthNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart 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

Presenting or Tabling Reports from Committees

The Honourable Senator Maltais, Chair of the Standing Senate Committee on Agriculture and Forestry, tabled the fifth report (interim) of the committee (Outbreak of Bovine Tuberculosis in Alberta).—Sessional Paper No. 1/42-836S.

o o o

The Honourable Senator MacDonald, Deputy Chair of the Standing Senate Committee on Transport and Communications, informed the Senate that, pursuant to the orders adopted by the Senate on March 9, 2016 and November 24, 2016, the committee deposited with the Clerk of the Senate on December 7, 2016, its sixth report (interim) entitled Pipelines for Oil: Protecting our Economy, Respecting our Environment.—Sessional Paper No. 1/42-834S.

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Mercer, 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 Smith, Chair of the Standing Senate Committee on National Finance, tabled the ninth report of the committee (Final Report on Supplementary Estimates (B), 2016-17).—Sessional Paper No. 1/42-837S.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, to which it desires the concurrence of the Senate.

The bill was read the first time.

With leave of the Senate,

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 at the next sitting.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Andreychuk tabled the following:

Report of the Canadian Delegation of the Canada-Africa Parliamentary Association respecting its Bilateral Mission to the United Republic of Tanzania and the Republic of Mauritius, held in Dar es Salaam, Tanzania and Port Louis, Mauritius, from March 16 to 20, 2015.—Sessional Paper No. 1/42-838.

o o o

The Honourable Senator Hubley tabled the following:

Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its bilateral visit to London, United Kingdom and Valletta, Malta, from March 12 to 19, 2016.—Sessional Paper No. 1/42-839.

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, 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

Orders No. 1 to 5 were called and postponed until the next sitting.

Reports of Committees – Other

Resuming debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator Munson, for the adoption of the ninth report of the Standing Senate Committee on Banking, Trade and Commerce (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), tabled in the Senate on December 5, 2016.

After debate,

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

o o o

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

Motions

Orders No. 1 and 55 were 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 6 were called and postponed until the next sitting.

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).

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

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

Reports of Committees – Other

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

o o o

Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Griffin:

That the seventh report of the Standing Senate Committee on National Security and Defence, entitled UN Deployment: Prioritizing commitments at home and abroad, deposited with the Clerk of the Senate on November 28, 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 National Defence being identified as minister responsible for responding to the report.

After debate,

The Honourable Senator Hubley moved, for the Honourable Senator Jaffer, seconded by the Honourable Senator Day, 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 to 12 were called and postponed until the next sitting.

Motions

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

o o o

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

That, in order to ensure that legislative reports of Senate committees follow a transparent, comprehensible and non-partisan methodology, the Rules of the Senate be amended by replacing rule 12-23(1) by the following:

“Obligation to report bill

12-23. (1) The committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.  In addition, the report shall have appended to it the committee’s observations on:

(a) whether the bill generally conforms with the Constitution of Canada, including:

(i) the Canadian Charter of Rights and Freedoms, and

(ii) the division of legislative powers between Parliament and the provincial and territorial legislatures;

(b) whether the bill conforms with treaties and international agreements that Canada has signed or ratified;

(c) whether the bill unduly impinges on any minority or economically disadvantaged groups;

(d) whether the bill has any impact on one or more provinces or territories;

(e) whether the appropriate consultations have been conducted;

(f) whether the bill contains any obvious drafting errors;

(g) all amendments moved but not adopted in the committee, including the text of these amendments; and

(h) any other matter that, in the committee’s opinion, should be brought to the attention of the Senate.”

And on the motion in amendment of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Tkachuk:

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

1.adding the following new subsection after proposed subsection (c):

“(d) whether the bill has received substantive gender-based analysis;”; and

2.by changing the designation for current proposed subsections (d) to (h) to (e) to (i).

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that further debate on the motion in amendment be adjourned until the next sitting.

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

Inquiries

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

MOTIONS

The Honourable Senator Carignan, P.C., moved, seconded, with leave of the Senate, by the Honourable Senators Day, Harder, P.C., and McCoy:

That, except in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, until the end of the current session or October 31, 2017, whichever comes earlier:

1.notwithstanding rules 12-1 and 12-2(3), the current membership of the Committee of Selection be replaced by the Honourable Senators Black, Campbell, Fraser, Frum, Martin, Omidvar, Plett, Pratte, Tardif and Wells, subject to membership changes being made either under rule 12-5 or under the terms of this order, and, for greater certainty, with the current chair and deputy chair of the Committee of Selection retaining their position if still members of the committee;

2.the number of members of committees provided under rule 12-3(2) be increased by three senators for each committee, with the additional members to be recommended to the Senate by the Committee of Selection;

3.that in recommending additional members to the Senate and any other membership changes for any committee, the Committee of Selection be guided by the following proportions:

(a)committees that under this order have twelve members, other than the ex officio members, should have a membership of five Conservative senators, two independent Liberal senators, and five senators who are not members of a recognized party;

(b)committees that under this order have fifteen members, other than the ex officio members, should have a membership of six Conservative senators, three independent Liberal senators, and six senators who are not members of a recognized party; and

(c)committees that under this order have eighteen members, other than the ex officio members, should have a membership of seven Conservative senators, four independent Liberal senators, and seven senators who are not members of a recognized party;

4.notwithstanding rule 12-3(3), and without affecting other ex officio memberships, the Government Representative not be an ex officio member of the Committee of Selection, with the Legislative Deputy to the Government Representative or, in that senator’s absence, the Government Liaison instead being an ex officio member of the Committee of Selection;

5.the Senate direct all committees that have subcommittees on agenda and procedure — except for the joint committees and any committee that already has a senator who is not a member of a recognized party on that subcommittee — to increase the membership of the subcommittee by one non-voting member who is not a member of a recognized party, with that non-voting member being able to attend and participate in meetings, move motions, count towards quorum, and otherwise exercise and enjoy all the rights and duties of a subcommittee member, except the right to vote;

6.notwithstanding rule 12-2(3), and without affecting the operation of rule 12-5 in relation to government members, opposition members and members of a recognized party:

(a)changes may be made for committee members recognized as belonging to the Independent Senators Group by the Facilitator chosen by that group filing a signed notice to replace the member with another member of the group with the Clerk of the Senate, who shall have the notice recorded in the Journals of the Senate; and

(b)changes may be made for committee members who are not covered by the provisions of rule 12-5 and who are not recognized as belonging to the Independent Senators Group by the senator who will cease to be a member and the senator who will become a member, and who is also not covered by the provisions of rule 12-5 and not recognized as belonging to the Independent Senators Group, both signing a notice and filing it with the Clerk of the Senate, who shall have the notice recorded in the Journals of the  Senate; and

7.notwithstanding normal practice, the current chairs and deputy chairs of committees not be replaced in those positions while still members of their committees, provided that this limitation not affect the joint committees; and

That, in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, notwithstanding rule 12-27(1) and subsections 35(1), (4), (5) and (8) of the Ethics and Conflict of Interest Code for Senators, until the end of the current session or October 31, 2017, whichever comes earlier:

A.the committee be composed of two Conservative senators, one independent Liberal senator, and two senators who are not members of a recognized party;

B.the Conservative senators select the Conservative members to sit on the committee by means of secret ballot;

C. the independent Liberal senators select the independent Liberal member to sit on the committee by means of a secret ballot;

D. the senators who are not members of a recognized party select the members who are not members of a recognized party to sit on the committee by means of a secret ballot;

E.each of the groups identified in paragraphs B, C and D of this order also select a representative who will move a motion in the Senate without notice that the selected senator or senators from the relevant group be a member or members of the committee, which motion shall be deemed seconded and adopted when moved; and

F.when a vacancy occurs in the membership of the committee, the replacement member be selected and appointed by the same process used to name the previous member of the committee.

With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:

That, except in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, until the end of the current session or October 31, 2017, whichever comes earlier:

1.notwithstanding rules 12-1 and 12-2(3), the current membership of the Committee of Selection be replaced by the Honourable Senators Black, Campbell, Fraser, Frum, Martin, Omidvar, Plett, Pratte, Tardif and Wells, subject to membership changes being made either under rule 12-5 or under the terms of this order, and, for greater certainty, with the current chair and deputy chair of the Committee of Selection retaining their position if still members of the committee;

2.the number of members of committees provided under rules 12-3(1) and (2) be increased by three senators for each committee, with the additional members to be recommended to the Senate by the Committee of Selection;

3.that in recommending additional members to the Senate and any other membership changes for any committee, the Committee of Selection be guided by the following proportions:

(a)committees that under this order have twelve members, other than the ex officio members, should have a membership of five Conservative senators, two independent Liberal senators, and five senators who are not members of a recognized party;

(b)committees that under this order have fifteen members, other than the ex officio members, should have a membership of six Conservative senators, three independent Liberal senators, and six senators who are not members of a recognized party; and

(c)committees that under this order have eighteen members, other than the ex officio members, should have a membership of seven Conservative senators, four independent Liberal senators, and seven senators who are not members of a recognized party;

4.notwithstanding rule 12-3(3), and without affecting other ex officio memberships, the Government Representative not be an ex officio member of the Committee of Selection, with the Legislative Deputy to the Government Representative or, in that senator’s absence, the Government Liaison instead being an ex officio member of the Committee of Selection;

5.the Senate direct all committees that have subcommittees on agenda and procedure — except for the joint committees and any committee that already has a senator who is not a member of a recognized party on that subcommittee — to increase the membership of the subcommittee by one non-voting member who is not a member of a recognized party, with that non-voting member being able to attend and participate in meetings, move motions, count towards quorum, and otherwise exercise and enjoy all the rights and duties of a subcommittee member, except the right to vote;

6.notwithstanding rule 12-2(3), and without affecting the operation of rule 12-5 in relation to government members, opposition members and members of a recognized party:

(a)changes may be made for committee members recognized as belonging to the Independent Senators Group by the Facilitator chosen by that group filing a signed notice to replace the member with another member of the group with the Clerk of the Senate, who shall have the notice recorded in the Journals of the Senate; and

(b)changes may be made for committee members who are not covered by the provisions of rule 12-5 and who are not recognized as belonging to the Independent Senators Group by the senator who will cease to be a member and the senator who will become a member, and who is also not covered by the provisions of rule 12-5 and not recognized as belonging to the Independent Senators Group, both signing a notice and filing it with the Clerk of the Senate, who shall have the notice recorded in the Journals of the  Senate; and

7.notwithstanding normal practice, the current chairs and deputy chairs of committees not be replaced in those positions while still members of their committees, provided that this limitation not affect the joint committees; and

That, in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, notwithstanding rule 12-27(1) and subsections 35(1), (4), (5) and (8) of the Ethics and Conflict of Interest Code for Senators, until the end of the current session or October 31, 2017, whichever comes earlier:

A.the committee be composed of two Conservative senators, one independent Liberal senator, and two senators who are not members of a recognized party;

B.the Conservative senators select the Conservative members to sit on the committee by means of secret ballot;

C. the independent Liberal senators select the independent Liberal member to sit on the committee by means of a secret ballot;

D. the senators who are not members of a recognized party select the members who are not members of a recognized party to sit on the committee by means of a secret ballot;

E.each of the groups identified in paragraphs B, C and D of this order also select a representative who will move a motion in the Senate without notice that the selected senator or senators from the relevant group be a member or members of the committee, which motion shall be deemed seconded and adopted when moved; and

F.when a vacancy occurs in the membership of the committee, the replacement member be selected and appointed by the same process used to name the previous member of the committee.

The question being put on the motion, as modified, 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 3:52 p.m., the Senate was continued until tomorrow at 1:30 p.m.)

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Sixth report of the Standing Senate Committee on Transports and Communications entitled Pipelines for Oil: Protecting our Economy, Respecting our Environment, deposited with the Clerk of the Senate on December 7, 2016, pursuant to the orders adopted by the Senate on March 9, 2016 and November 24, 2016.—Sessional Paper No. 1/42-834S.

Debt Management Report for the fiscal year ended March 31, 2016, pursuant to the Financial Administration Act,R.S.C. 1985, c. F-11,sbs. 49(1).—Sessional Paper No. 1/42-835.

Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Ngo replaced the Honourable Senator Maltais (December 7, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Raine replaced the Honourable Senator MacDonald (December 7, 2016).

The Honourable Senator Lang replaced the Honourable Senator Greene (December 7, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Enverga replaced the Honourable Senator Tkachuk (December 7, 2016).

The Honourable Senator Poirier replaced the Honourable Senator Martin (December 7, 2016).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Eaton replaced the Honourable Senator Maltais (December 7, 2016).

The Honourable Senator Poirier replaced the Honourable Senator Martin (December 7, 2016).