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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 87 (Revised)

Tuesday, December 13, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierCowanDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMerchantMeredithMitchellMocklerMoncionMooreNancy RuthNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCoolsCordyCormierCowanDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMerchantMeredithMitchellMocklerMoncionMooreNancy RuthNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRinguette*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

Senators’ Statements

Tributes

Tribute was paid to the Honourable Senator Moore, who will retire from the Senate on January 14, 2017.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Fraser presented the following:

Tuesday, December 13, 2016

The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its

SECOND REPORT

Your committee has, pursuant to its order of reference of December 6, 2016, begun its consideration of changes to the Rules of the Senate to allow and facilitate the broadcasting of proceedings, and now makes an initial recommendation as follows:

That the Rules of the Senate be amended by replacing rule 14-7(1) by the following:

Broadcast of Senate proceedings

14-7. (1) Public proceedings in the Senate may be recorded or broadcast, but only through the use of facilities that are installed for that purpose in the Senate Chamber, subject to such arrangements with the Clerk as may be necessary.”.

Your committee will continue to study this issue and report to the Senate as necessary.

Respectfully submitted,

JOAN FRASER

Chair

The Honourable Senator Fraser moved, seconded by the Honourable Senator Black, 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.

Notices of Motions

The Honourable Senator Martin moved:

That the Honourable Senators Andreychuk and Patterson 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.)

o o o

The Honourable Senator Day moved:

That the Honourable Senator Joyal be named a member 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.)

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 Dean, seconded by the Honourable Senator Griffin, for the 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.

After debate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Stewart Olsen.

Bills – Reports of Committees

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

o o o

Consideration of the eleventh report of the Standing Senate Committee on National Finance (Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, with an amendment), presented in the Senate on December 12, 2016.

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

After debate,

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

With leave of the Senate,

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

After debate,

In amendment, the Honourable Senator Eaton moved, seconded by the Honourable Senator Doyle:

That Bill C-29, as amended, be not now read a third time, but that it be further amended, on pages 50 to 60, by deleting clause 44.

Debate.

DEFERRED VOTE

At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote 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.

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

YEAS

The Honourable Senators

BakerBellemareBlackBonifaceBoveyBrazeauCampbellCoolsCordyCormierCowanDawsonDayDeanDowneDuffyDupuisDyckEggletonForestFraserGagnéGoldGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMarwahMassicotteMcCoyMégieMerchantMeredithMitchellMoncionMooreOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifWallaceWallinWoo—50

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakCarignanDoyleEatonEnvergaFrumHousakosLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOgilvieOhPattersonPlettRaineSeidmanSmithStewart OlsenTannasTkachukWellsWhite—32

ABSTENTION

The Honourable Senator

Greene—1

Accordingly, Bill C-2 was read a third time and passed.

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

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the third reading of Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, as amended.

And on the motion in amendment of the Honourable Senator Eaton, seconded by the Honourable Senator Doyle:

That Bill C-29, as amended, be not now read a third time, but that it be further amended, on pages 50 to 60, by deleting clause 44.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakCarignanDoyleEatonEnvergaFrumGreeneHousakosLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNancy RuthNgoOgilvieOhPattersonPlettPoirierRaineSeidmanSmithStewart OlsenTannasTkachukWells—34

NAYS

The Honourable Senators

BakerBellemareBlackBonifaceBoveyCampbellCordyCormierCowanDawsonDayDeanDowneDuffyDupuisEggletonForestFraserGoldGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMarwahMassicotteMcCoyMerchantMeredithMitchellMoncionMooreOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifWallaceWallinWoo—45

ABSTENTIONS

The Honourable Senators

CoolsDyckGagnéMégie—4

The question being put on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the third reading of Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures, as amended, it was adopted on the following vote:

YEAS

The Honourable Senators

BakerBellemareBlackBonifaceBoveyCampbellCordyCormierCowanDawsonDayDeanDowneDuffyDupuisDyckEggletonForestFraserGagnéGoldGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMarwahMassicotteMcCoyMerchantMeredithMitchellMoncionMooreOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifWallaceWallinWoo—47

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakCarignanDoyleEatonEnvergaFrumHousakosLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNancy RuthNgoOgilvieOhPattersonPlettPoirierRaineSeidmanSmithStewart OlsenTkachukWells—32

ABSTENTIONS

The Honourable Senators

CoolsGreeneMégieWhite—4

Accordingly, Bill C-29, as amended, was read a third time and passed.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill with an amendment, to which it desires its concurrence.

Bills – Second Reading

Second reading of 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 Honourable Senator Petitclerc moved, seconded by the Honourable Senator Lankin, P.C., that the bill be read the second time.

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.

o o o

Orders No. 2 to 4 were called and postponed until the next sitting.

Reports of Committees – Other

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

Motions

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


Ordered, That the provisions of the order of February 4, 2016, respecting the time of adjournment, be suspended on Wednesday, December 14, 2016 and that the Senate can continue sitting until 6 p.m., and that committees of the Senate scheduled to meet from 4:15 p.m. to 6 p.m. be authorized to meet, even though the Senate may then be sitting, and that the application of rule 12-18(1) be suspended in relation thereto.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Martin, for the third reading of Bill S-230, An Act to amend the Criminal Code (drug-impaired driving).

And on the motion in amendment of the Honourable Senator Baker, P.C., 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.”.

After debate,

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

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Martin, for the third reading of Bill S-230, An Act to amend the Criminal Code (drug-impaired driving), as amended.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Gagné, 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. 2 was called and postponed until the next sitting.

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 Stewart Olsen, seconded by the Honourable Senator Johnson, for the second reading of Bill S-214, An Act to amend the Food and Drugs Act (cruelty-free cosmetics).

After debate,

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

The bill was then read the second time.

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Ogilvie, 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. 8 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 tenth report of the Standing Committee on Internal Economy, Budgets and Administration, entitled Senate budget 2017-18, presented in the Senate on December 12, 2016.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Seidman, that the report be adopted.

After debate,

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

o o o

Orders No. 3 to 7 were called and postponed until the next sitting.

o o o

Resuming debate on the consideration of the eighth report 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,

Further debate on the consideration of the report was adjourned until the next sitting, in the name of the Honourable Senator Runciman.


Ordered : That Order No. 4 be again called.

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 question being put on the motion, it was adopted.

o o o

Orders No. 9 to 14 were called and postponed until the next sitting.

Motions

Orders No. 146, 89, 92, 60, 43, 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 Joyal, P.C., seconded by the Honourable Senator Moore:

That the Senate invite the Government of Canada to mark the 150th anniversary of Confederation by striking a commemorative medal which, with the traditional symbols of Canada, would recognize the inestimable contribution made by Aboriginal peoples to the emergence of a better Canada; and

That this medal be distributed, among others, to those persons who contributed to improving the living conditions of all Canadians in a significant manner over the last 50 years.

After debate,

With leave of the Senate,

The Honourable Senator Joyal, P.C., 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

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Dawson:

That the Senate urge the government to take all necessary steps to bring into force as soon as possible by order-in-council the provisions of C-452  An Act to amend the Criminal Code (exploitation and trafficking in persons), chapter 16 of the Statutes of Canada (2015), which received royal assent on June 18, 2015.

The Honourable Senator Lang 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.

Inquiries

Orders No. 13, 15, 19, 18, 8, 12, 14, 11 and 2 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Chaput, calling the attention of the Senate to the Program to Support Linguistic Rights, the importance of ensuring public financing of court actions that seek to create a fair and just society and to the urgent need for the federal government to re-establish the Court Challenges Program.

After debate,

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

That, notwithstanding the order of the Senate adopted on Tuesday, November 1, 2016, the date for the final report of the Standing Senate Committee on Legal and Constitutional Affairs in relation to its study on the reports of the Chief Electoral Officer on the 42nd General Election of October 19, 2015 and associated matters dealing with Elections Canada’s conduct of the election be extended from December 31, 2016 to March 31, 2017.

After debate,

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

INQUIRIES

The Honourable Senator Meredith called the attention of the Senate to the increasing rates of violence in Canada’s urban centres and to the causes of this increase, and to some possible strategies to deal with this serious problem.

After debate,

The Honourable Senator Meredith moved, seconded by the Honourable Senator Pratte, 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

The Honourable Senator Meredith called the attention of the Senate to the Canadian Temporary Foreign Workers Program, including the living and working conditions of workers and their access to health care.

After debate,

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

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 9:10 p.m., the Senate was continued until tomorrow at 2 p.m.)