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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 86 (Revised)

Monday, December 12, 2016
6 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierCowanDagenaisDawsonDayDeanDoyleDuffyDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLangLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMerchantMeredithMitchellMocklerMoncionMooreNgoOhOmidvarPatePattersonPlettPratteRaineRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierCowanDagenaisDawsonDayDeanDoyleDuffyDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLangLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMerchantMeredithMitchellMocklerMoncionMooreNgoOhOmidvarPatePattersonPlettPratteRaineRinguette*RuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWellsWhiteWoo

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

The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

December 12th, 2016

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, will proceed to the Senate Chamber today, the 12th day of December, 2016, at 6:15 p.m., for the purpose of giving Royal Assent to a certain bill of law.

Yours sincerely,

Stephen Wallace

The Honourable

The Speaker of the Senate

Ottawa


Ordered, That photographers be authorized in the Senate Chamber to photograph today’s Royal Assent ceremony, with the least possible disruption of the proceedings.


At 6:04 p.m., pursuant to rule 16-1(7), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The sitting of the Senate was suspended to await the arrival of His Excellency the Governor General of Canada.

After awhile, His Excellency the Governor General of Canada arrived and was seated at the foot of the Throne.

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:

“It is the pleasure of His Excellency the Governor General of Canada that they attend him immediately in the Senate Chamber.”

The House of Commons being come,

One of the Clerks at the Table then read the title of the bill to be assented to as follows:

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 (Bill C-13, Chapter 9, 2016)

To this bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:

“In Her Majesty’s name, His Excellency the Governor General of Canada doth assent to this bill.”

6:24 p.m.

The Commons withdrew.

After which His Excellency the Governor General of Canada was pleased to retire.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Smith presented the following:

Monday, December 12, 2016

The Standing Senate Committee on National Finance has the honour to present its

ELEVENTH REPORT

Your committee, to which was referred Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, has, in obedience to the order of reference of December 8, 2016, examined the said bill and now reports the same with the following amendment:

1.Clauses 117 to 135, pages 181 to 228: Delete Division 5 of Part 4.

Respectfully submitted,

LARRY SMITH

Chair

The Honourable Senator Smith moved, seconded by the Honourable Senator Mockler, 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 Housakos, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented the tenth report of the committee, entitled Senate budget 2017-18.

(The report is printed as an appendix at pages 1132-1137 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Housakos 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Moore introduced Bill S-234, An Act to amend the Parliament of Canada Act (Parliamentary Artist Laureate).

The bill was read the first time.

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

Notices of Motions

With leave of the Senate,

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

That the number of members of the Special Senate Committee on Senate Modernization be increased by three senators for the duration of the operation of the order of December 7, 2016, respecting committees, with the additional members to be recommended to the Senate by the Committee of Selection; and

That the terms of paragraph three of the said order of December 7, 2016, also apply to recommendations from the Committee of Selection for the additional members of the Special Committee on Senate Modernization or membership changes thereto.

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

o o o

The Honourable Senator McCoy moved:

That the Honourable Senators Sinclair and Wetston be named members of the Standing Committee on Ethics and Conflict of Interest for Senators.

(Pursuant to the order adopted by the Senate on December 7, 2016, this motion is deemed seconded, and stands adopted.)

Delayed Answers

Pursuant to rule 4-10(2), the Honourable Senator Harder, P.C., tabled the following:

Reply to Question No. 12, dated May 11, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the sale of Canadian diplomatic properties abroad, for the period from 2006-16.—Sessional Paper No. 1/42-842S.

Orders of the Day

Government Business

Reports of Committees – Other

Consideration of the ninth report of the Standing Senate Committee on National Finance, entitled Final Report on Supplementary Estimates (B), 2016-17, tabled in the Senate on December 7, 2016.

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

After debate,

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

Bills – Second Reading

Second reading of Bill C-35, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2017.

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

After debate,

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

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

With leave of the Senate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that the bill be read for a third time.

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

The bill was then read the third time and passed, on division.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

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 question was put on the motion.

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 15 minutes.

o o o

Third 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.

The Honourable Senator Dean moved, seconded by the Honourable Senator Griffin, that the bill be read for a third time.

After debate,

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Maltais, 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, 2, 4 and 5 were called and postponed until the next sitting.

Reports of Committees – Other

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

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 Wednesday, December 14, 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. 59 was withdrawn pursuant to rule 5-10(2).

o o o

Order No. 1 was 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, 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 question being put on the motion, it was adopted.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Third reading of Bill S-230, An Act to amend the Criminal Code (drug-impaired driving).

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

After debate,

In amendment, the Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Eggleton, P.C.:

That Bill S-230 be not now read a third time, but that it be amended in clause 2,

(a) on page 2, by replacing lines 5 and 6 with the following:

“that is designed to ascertain the presence of alcohol in the blood of a person or of drugs in a person’s body and that is approved for”; and

(b) on page 3,

(i) by replacing lines 3 and 4 with the following:

“be made to determine whether the person has a drug in their body; or”, and

(ii) by replacing lines 8 and 9 with the following:

“to determine whether the person has a drug in their body.”.

The Honourable Senator Day 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.

o o o

Third reading of Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

The Honourable Senator Dyck moved, seconded by the Honourable Senator Cordy, that the bill be read for a third time.

After debate,

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

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Martin, for the second reading of Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources).

After debate,

The Honourable Senator Fraser moved, seconded by the Honourable Senator Mercer, 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. 5 to 7 were called and postponed until the next sitting.

o o o

The order was called for resuming debate on the motion of the Honourable Senator Enverga, seconded by the Honourable Senator Stewart Olsen, for the second reading of Bill S-218, An Act respecting Latin American Heritage Month.

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

The bill was then read the second time.

The Honourable Senator Enverga moved, seconded by the Honourable Senator White, 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

Order No. 9 was called and postponed until the next sitting.

Reports of Committees – Other

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

o o o

Consideration of the fourth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Budget—study on the effects of transitioning to a low carbon economy—power to hire staff), presented in the Senate on December 8, 2016.

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

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

o o o

Consideration of the tenth report of the Standing Senate Committee on National Finance (Budget—study on the federal government infrastructure funding program—power to hire staff), presented in the Senate on December 8, 2016.

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

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

o o o

Orders No. 4 to 12 were called and postponed until the next sitting.

o o o

Consideration of the tenth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Nature), presented in the Senate on October 26, 2016.

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Cordy, that the report be adopted.

After debate,

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Cordy, 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. 14 and 15 were called and postponed until the next sitting.

Motions

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

Inquiries

Orders No. 19, 18, 8, 12, 14, 11, 2 and 1 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Bellemare, calling the attention of the Senate to the relevance of full employment in the 21st century in a Globalized economy.

After debate,

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Bellemare, that further debate on the inquiry be adjourned until the next sitting.

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

o o o

Resuming debate on the inquiry of the Honourable Senator Maltais, calling the attention of the Senate to the softwood lumber crisis.

After debate,

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

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

MOTIONS

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

That the Standing Senate Committee on Banking, Trade, and Commerce be authorized to:

(a)Review the operations of the Financial Consumer Agency of Canada (FCAC), the Ombudsman for Banking Services and Investments (OBSI), and ADR Chambers Banking Ombuds Office (ADRBO);

(b)Review the agencies’ interaction with and respect for provincial jurisdictions;

(c)Review and determine best practices from similar agencies in other jurisdictions;

(d)Provide recommendations to ensure that the FCAC, OBSI, and ADRBO can better protect consumers and respect provincial jurisdiction; and

That the Committee submit its final report no later than May 31, 2017, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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

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

That, notwithstanding the order of the Senate adopted on Tuesday, May 17, 2016, the date for the final report of the Special Senate Committee on Modernization in relation to its study of methods to make the Senate more effective within the current constitutional framework be extended from December 15, 2016 to June 30, 2017.

After debate,

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

o o o

The Honourable Senator Dyck moved, seconded by the Honourable Senator Cordy:

That, notwithstanding the order of the Senate adopted on Wednesday, October 19, 2016, the date for the final report of the Standing Senate Committee on Aboriginal Peoples in relation to its study on best practices and on-going challenges relating to housing in First Nation and Inuit communities in Nunavut, Nunavik, Nunatsiavut and the Northwest Territories be extended from December 31, 2016 to March 31, 2017.

After debate,

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


Ordered : That Order No. 149 be again called.

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

That, notwithstanding the order of the Senate adopted on Thursday, April 21, 2016, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study of issues related to the Defence Policy Review presently being undertaken by the government be extended from December 16, 2016 to June 30, 2017.

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

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 9:58 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)

Agreement for RCMP policing services made between Canada and the Town of Coaldale, Alberta, pursuant to the Royal Canadian Mounted Police Act,R.S.C. 1985,c. R-10,sbs. 20(5).—Sessional Paper No. 1/42-841.


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 National Finance

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Neufeld (December 12, 2016).

Standing Senate Committee on National Security and Defence

The Honourable Senator Oh replaced the Honourable Senator Carignan, P.C. (December 12, 2016).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator McCoy (December 8, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator MacDonald replaced the Honourable Senator Frum (December 12, 2016).

The Honourable Senator Marshall replaced the Honourable Senator Neufeld (December 12, 2016).