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65 Elizabeth II , A.D. 2016, Canada

1st Session, 42nd Parliament

Issue 88 (Revised)

Wednesday, December 14, 2016
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyCarignanChristmasCoolsCordyCormierCowanDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyCarignanChristmasCoolsCordyCormierCowanDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNgoOgilvieOhOmidvarPattersonPetitclercPlettPoirierPratteRaineRinguette*RuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWhiteWoo

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

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received certificates from the Registrar General of Canada showing that:

Daniel Christmas, and

Rosa Galvez,

respectively, had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there were senators without waiting to be introduced.

o o o

The Honourable Senator Christmas was introduced between the Honourable Senator Harder, P.C., and the Honourable Senator Sinclair, and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Patricia Jaton

DEPUTY OF THE GOVERNOR GENERAL

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

DANIEL CHRISTMAS

of Membertou, in the Province of Nova Scotia,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

PATRICIA JATON, Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OTTAWA, this sixth day of December in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Christmas came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took his seat as a member of the Senate.

o o o

The Honourable Senator Galvez was introduced between the Honourable Senator Harder, P.C., and the Honourable Senator Mitchell, and having presented Her Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Patricia Jaton

DEPUTY OF THE GOVERNOR GENERAL

(G.S.)

Elizabeth the Second, by the Grace of God of the United Kingdom, Canada and Her other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

ROSA GALVEZ

of Lévis, in the Province of Quebec,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada and We do appoint you for the division of Bedford in Our Province of Quebec.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

PATRICIA JATON, Deputy of Our Right Trusty and Well-beloved David Johnston, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OTTAWA, this sixth day of December in the year of Our Lord two thousand and sixteen and in the sixty-fifth year of Our Reign.

BY COMMAND,

N. BAINS

Registrar General of Canada

The Honourable Senator Galvez came to the table and took and subscribed the oath prescribed by law, which was administered by the Clerk of the Senate, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable the Speaker informed the Senate that the honourable senators introduced today had made and subscribed the Declaration of Qualification required of them by the Constitution Act, 1867, in the presence of the Clerk of the Senate, the Commissioner appointed to receive and witness same.

Senators’ Statements

Tributes

Tribute was paid to the Honourable Senator Nancy Ruth, who will retire from the Senate on January 6, 2017.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Fraser presented the following:

Wednesday, December 14, 2016

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

THIRD REPORT

Pursuant to rule 12-7(2)(a), your committee recommends that the Rules of the Senate be amended by:

1.replacing rule 4-13(2) by the following:

Consideration of Government Business

4-13. (2) Except as provided in subsection (3), Government Business, including items on notice, shall be called in the following order, with Senate bills preceding Commons bills within their categories; bills, motions and inquiries being called in numerical order within their categories; and all other items being called in their categories in the order in which they were placed on the Orders of the Day:

(a) Bills – Messages from the House of Commons;

(b) Bills – Third Reading;

(c) Bills – Reports of Committees;

(d) Bills – Second Reading;

(e) Reports of Committees – Other;

(f) Motions;

(g) Inquiries; and

(h) Other.”;

2. replacing rule 4-14 by the following:

Consideration of Other Business

4-14. Except as otherwise ordered by the Senate, Other Business shall be called in the following order, with bills, motions and inquiries called in numerical order within their categories, and any other items within their categories in the order in which they were placed on the Orders of the Day:

(a) Bills – Messages from the House of Commons (with Senate bills preceding Commons bills);

(b) Senate Public Bills – Third Reading;

(c) Commons Public Bills – Third Reading;

(d) Private Bills – Third Reading;

(e) Senate Public Bills – Reports of Committees;

(f) Commons Public Bills – Reports of Committees;

(g) Private Bills – Reports of Committees;

(h) Senate Public Bills – Second Reading;

(i) Commons Public Bills – Second Reading;

(j) Private Bills – Second Reading;

(k) Reports of Committees – Other;

(l) Motions;

(m) Inquiries; and

(n) Other. ”; and

3.updating all cross references in the Rules, including the lists of exceptions, accordingly.

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.

o o o

The Honourable Senator Plett presented the following:

Wednesday, December 14, 2016

The Committee of Selection has the honour to present its

FIFTH REPORT

Pursuant to the orders of the Senate of December 7 and December 12, 2016, your committee submits herewith the list of honourable senators nominated by it to serve on the following committees:

Standing Senate Committee on Aboriginal Peoples

Conservative Party of Canada Independent Liberals Independent Senators Group
Beyak Dyck Boniface
Enverga Lovelace Nicholas McCoy
Patterson Moore McPhedran
Raine
Meredith
Tannas
Pate
Oh
Sinclair

Standing Senate Committee on Agriculture and Forestry

Conservative Party of Canada Independent Liberals Independent Senators Group
Beyak Mercer Bernard
Dagenais Merchant Gagné
Maltais Tardif McCoy
Ogilvie
Petitclerc
Oh
Pratte
Plett
Woo

Standing Senate Committee on Banking, Trade and Commerce

Conservative Party of Canada Independent Liberals Independent Senators Group
Enverga Day Black
Greene Massicotte Campbell
Plett Tardif Moncion
Smith
Ringuette
Tannas
Wallin
Tkachuk
Wetston

Standing Senate Committee on Energy, the Environment and Natural Resources

Conservative Party of Canada Independent Liberals Independent Senators Group
Lang Massicotte Black
MacDonald Fraser McCoy
Mockler Day Griffin
Neufeld
Omidvar
Patterson
Meredith
Seidman
Wetston

Standing Senate Committee on Fisheries and Oceans

Conservative Party of Canada Independent Liberals Independent Senators Group
Enverga Hubley Omidvar
Manning Munson Forest
McInnis Watt Gold
Poirier
Hartling
Raine
McCoy
Stewart Olsen
Sinclair

Standing Senate Committee on Foreign Affairs and International Trade

Conservative Party of Canada Independent Liberals Independent Senators Group
Andreychuk Downe Bovey
Ataullahjan Cordy Cools
Housakos Dawson Gold
Eaton
Marwah
Ngo
Saint-Germain
Oh
Woo

Standing Senate Committee on Human Rights

Conservative Party of Canada Independent Liberals Independent Senators Group
Andreychuk Munson Bernard
Ataullahjan Hubley Hartling
Ngo
McPhedran
Martin
Omidvar
Unger
Pate

Standing Committee on Internal Economy, Budgets and Administration

Conservative Party of Canada Independent Liberals Independent Senators Group
Batters Cordy Campbell
Housakos Downe Dupuis
Marshall Jaffer Lankin, P.C.
Smith Munson Marwah
Tannas
McCoy
Tkachuk
Mitchell
Wells
Omidvar

Standing Senate Committee on Legal and Constitutional Affairs

Conservative Party of Canada Independent Liberals Independent Senators Group
Batters Baker, P.C. Boniface
Boisvenu Jaffer Dupuis
Dagenais Joyal, P.C. Omidvar
McIntyre
Pate
Runciman
Pratte
White
Sinclair

Standing Senate Committee on National Finance

Conservative Party of Canada Independent Liberals Independent Senators Group
Andreychuk Baker, P.C. Black
Eaton Cowan Cools
Marshall Day Forest
Mockler
Moncion
Neufeld
Pratte
Smith
Woo

Standing Senate Committee on National Security and Defence

Conservative Party of Canada Independent Liberals Independent Senators Group
Beyak Jaffer Boniface
Carignan, P.C. Kenny Lankin, P.C.
Dagenais
McPhedran
Lang
Meredith
White
Saint-Germain

Standing Senate Committee on Official Languages

Conservative Party of Canada Independent Liberals Independent Senators Group
Maltais Tardif Bovey
McIntyre Fraser Cormier
Mockler
Gagné
Poirier
Mégie
Seidman
Moncion

Standing Committee on Rules, Procedures and the Rights of Parliament

Conservative Party of Canada Independent Liberals Independent Senators Group
Batters Fraser Bellemare
Frum Jaffer McCoy
McInnis Joyal, P.C. Cools
Seidman Day Dupuis
Tkachuk
Gold
Wells
Lankin, P.C.
White
Ringuette

Standing Senate Committee on Social Affairs, Science and Technology

Conservative Party of Canada Independent Liberals Independent Senators Group
Frum Eggleton, P.C. Cormier
Neufeld Merchant Dean
Ogilvie Day Demers
Raine
Mégie
Seidman
Meredith
Stewart Olsen
Petitclerc

Standing Senate Committee on Transport and Communications

Conservative Party of Canada Independent Liberals Independent Senators Group
Boisvenu Dawson Bovey
Doyle Eggleton, P.C. Cormier
Greene Mercer Omidvar
MacDonald
Griffin
Runciman
Hartling
Unger
Saint-Germain

Special Senate Committee on Senate Modernization

Conservative Party of Canada Independent Liberals Independent Senators Group
Frum Joyal, P.C. Bellemare
Greene Eggleton, P.C. Dean
McInnis Massicotte Dupuis
McIntyre Tardif Forest
Stewart Olsen
Gagné
Tkachuk
Lankin, P.C.
Wells
McCoy

Pursuant to rule 12-3(3) of the Rules of the Senate, the Government Representative (or Legislative Deputy) and the Leader of the Opposition (or Deputy Leader) are ex officio members of all committees except the Committee of Selection, the Standing Committee on Ethics and Conflict of Interest for Senators and the joint committees.

Pursuant to the motion adopted on December 7, 2016, the Legislative Deputy to the Government Representative (or Government Liaison) and the Leader of the Opposition (or Deputy Leader) are ex officio members of the Committee of Selection.

For greater certainty, your committee recommends that because the order adopted by the Senate on December 7, 2016 introduces a comprehensive system for committee membership changes covering all senators, letters that may have been sent to the Speaker prior to December 14, 2016, to authorize one of the whips to make membership changes for senators, should no longer be considered valid.

Respectfully submitted,

DONALD NEIL PLETT

Chair

The Honourable Senator Plett moved, seconded by the Honourable Senator Wells, 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.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator White tabled the following:

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly respecting its participation at the 25th Annual Session, held in Tbilisi, Georgia, from July 1 to 5, 2016.—Sessional Paper No. 1/42-845.

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the Autumn Meeting of the OSCE PA, held in Skopje, Former Ugoslav Republic of Macedonia, from September 29 to October 3, 2016.—Sessional Paper No. 1/42-846.

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the Election Observation Mission of the OSCE PA, held in Washington, D.C., United States of America, and Raleigh, North Carolina, United States of America, from November 5 to 8, 2016.—Sessional Paper No. 1/42-847.

Question Period

Pursuant to the order adopted on December 8, 2016, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Catherine McKenna, P.C., M.P., Minister of Environment and Climate Change, entered the Senate and took part in 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,

The Honourable Senator Martin moved, seconded by the Honourable Senator Patterson, 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 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.

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), as amended.

After debate,

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

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

(a) on page 2, by replacing lines 32 to 41 with the following:

(3.4) If a peace officer, based on the physical coordination tests provided for in paragraph (2)(a) and the results of the analysis provided for in paragraph (2)(b), or an evaluating officer, based on the evaluation conducted under subsection (3.1), has reasonable grounds to believe that a person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the peace officer may require the person, by demand made as soon as practicable, to comply with paragraph (a), or the evaluating officer may require the person, by demand made as soon as practicable, to comply with either or both of paragraphs (a)and (b),”; and

(b) on page 3,

(i) by replacing lines 1 and 2 with the following:

(a) to provide, as soon as practicable, a sample of either oral fluid or urine that, in the peace officer’s or evaluating officer’s opinion, will enable a proper analysis to”, and

(ii) by replacing line 5 with the following:

(b) to provide, as soon as practicable, samples of blood that, in the opinion of the quali-”.

After debate,

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

Resuming debate on the motion of the Honourable Senator Dyck, seconded by the Honourable Senator Cordy, for the third reading of Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

After debate,

The Honourable Senator Plett 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.

Senate Public 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 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 question being put on the motion, it was adopted.

The bill was then read the second time.

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill C-29, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures,

And to acquaint the Senate that the Commons has agreed to the amendment made by the Senate to this bill, without amendment.

o o o

A message was brought from the House of Commons to return 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,

And to acquaint the Senate that the Commons has passed this bill, without amendment.


Ordered, That motion No. 153 standing in the name of Senator Andreychuk on the Notice Paper be brought forward.

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

That the Standing Senate Committee on Foreign Affairs and International Trade be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, between January 3 and February 3, 2017, a report relating to its study on Free Trade Agreements, 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.


Ordered, That motion No. 154 standing in the name of Senator Andreychuk on the Notice Paper be brought forward.

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

That the Standing Senate Committee on Foreign Affairs and International Trade be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, between January 3 and February 3, 2017, a report relating to its study on Argentina-Canada relations, 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.


Ordered, That Order No. 2 under OTHER BUSINESS, Reports of Committees - Other, be brought forward.

Consideration of the second report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Broadcasting of Senate Proceedings, presented in the Senate on December 13, 2016.

The Honourable Senator Fraser moved, seconded by the Honourable Senator Day, that the report be adopted.

After debate,

The question being put on the motion, 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 5:47 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)

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001,c. 27,sbs. 5(2).—Sessional Paper No. 1/42-843.

Reports by Federal Authorities with Obligations under Section 71 of the Canadian Environmental Assessment Act, 2012 for the fiscal year ended March 31, 2016, pursuant to the Act, S.C. 2012,c. 19, s. 52 “71(2)”.—Sessional Paper No. 1/42-844.

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 Energy, the Environment and Natural Resources

The Honourable Senator Enverga replaced the Honourable Senator Patterson (December 14, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Pate replaced the Honourable Senator Omidvar (December 14, 2016).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Moncion replaced the Honourable Senator Omidvar (December 14, 2016).

Committee of Selection

The Honourable Senator Campbell replaced the Honourable Senator McCoy (December 14, 2016).

The Honourable Senator McCoy replaced the Honourable Senator Campbell (December 14, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Munson was added to the membership (December 14, 2016).