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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 93 (Unrevised)

Tuesday, February 7, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEggletonEnvergaForestFureyGagnéGoldGreeneHarderHousakosHubleyJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMcCoyMcInnisMcIntyreMcPhedranMégieMercerMerchantMitchellMoncionMunsonNgoOgilvieOhOmidvarPatePetitclercPlettPoirierPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEggletonEnvergaForest*FraserFureyGagné*GalvezGoldGreene*GriffinHarderHousakosHubleyJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartin*MassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMerchant*MeredithMitchellMoncionMunson*NeufeldNgoOgilvieOhOmidvarPatePetitclercPlettPoirierPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

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 Downe, Deputy Chair of the Standing Senate Committee on Foreign Affairs and International Trade, informed the Senate that, pursuant to the orders adopted by the Senate on January 27, 2016, and February 2, 2017, the committee deposited with the Clerk of the Senate on February 7, 2017, its seventh report (interim) entitled Free Trade Agreements: A Tool for Economic Prosperity.—Sessional Paper No. 1/42-875S.

The Honourable Senator Downe moved, seconded by the Honourable Senator Watt, 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 Downe, Deputy Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the committee’s eighth report (Bill S-226, An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act, without amendment).

The Honourable Senator Downe moved, seconded by the Honourable Senator Lovelace Nicholas, 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 Tkachuk, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the tenth report of the committee, entitled Canadian Intellectual Property Office’s User Fee Proposal, dated September 2016, for changes to patent fees.—Sessional Paper No. 1/42-876S.

o o o

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the eleventh report of the committee, entitled Canadian Intellectual Property Office’s User Fee Proposal, dated September 2016, for changes to trademark fees.—Sessional Paper No. 1/42-877S.

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-233, An Act respecting a national strategy for Alzheimer’s disease and other dementias, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Delayed Answers

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

Reply to Question No. 22, dated November 23, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Runciman, respecting Correctional Service Canada.—Sessional Paper No. 1/42-878S.

Reply to Question No. 23, dated December 8, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting goods in transit.—Sessional Paper No. 1/42-879S.

Reply to Question No. 24, dated December 14, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Carignan, P.C., respecting federal taxation.—Sessional Paper No. 1/42-880S.

Reply to Question No. 29, dated December 14, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Carignan, P.C., respecting offenders who broke Canada’s new rail safety rules.—Sessional Paper No. 1/42-881S.

Reply to Question No. 30, dated December 14, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Carignan, P.C., respecting money spent by Transport Canada.—Sessional Paper No. 1/42-882S.

Orders of the Day

Government Business

Bills – Second Reading

Orders No. 1 and 2 were 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

Commons Public Bills – Third Reading

Order No. 1 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.

Commons Public Bills – Second Reading

Order No. 1 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

Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Andreychuk, for the adoption of the fourth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Order Paper), presented in the Senate on October 4, 2016.

And on the motion in amendment of the Honourable Senator Tannas, seconded by the Honourable Senator Unger:

That the fourth report of the Special Senate Committee on Senate Modernization be not now adopted, but that it be amended by replacing the third paragraph with the following:

“That the Standing Committee on Rules, Procedures and the Rights of Parliament develop and recommend to the Senate amendments to the Rules of the Senate to change the Order Paper process, particularly the process for so-called “stood” items, in line with the following elements:

1. Senators wishing to speak on any item on the Order Paper would provide notice to their respective caucus leadership, group convenor, or group facilitator, or only to the Chamber Operations and Procedure Office.

2. Items on which notice has been given would be compiled into a single list and added to the daily scroll. This information would be shared among all senators. The possibility that this information might be posted on the Senate website so that the public could know what items of business will be debated in the Chamber could be explored in the future.

3. Instead of calling all items on the Order Paper, the Reading Clerk would only call items for which a Senator has given notice of his or her intention to speak.

4. Once all items for which a Senator has given notice have been called, the Speaker would ask Senators if they wish to revert, with unanimous consent, to prior items on which they wish to speak.

5. Items not called would be deemed to have been stood and would be put over to the next sitting, where the proposed process would be repeated.

6. Once the process has been completed for the Order Paper, a similar process would be repeated for the Notice Paper.”.

After debate,

With leave of the Senate and pursuant to rule 5-10(1), the motion in amendment was withdrawn.

The Senate resumed debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Andreychuk, for the adoption of the fourth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Order Paper), presented in the Senate on October 4, 2016.

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

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

YEAS

The Honourable Senators

AtaullahjanBattersBeyakBoisvenuCoolsEnvergaHousakosLangMacDonaldManningMarshallMartinMcIntyreNgoOgilvieOhPlettPoirierRaineRuncimanSeidmanSmithStewart OlsenTkachukUngerWellsWhite—27

NAYS

The Honourable Senators

BakerBellemareBernardBlackBonifaceBoveyBrazeauCampbellChristmasCordyCormierDawsonDayDeanDowneDuffyDyckEggletonForestGagnéGoldGreeneHarderHubleyJafferJoyalKennyLankinLovelace NicholasMcCoyMcInnisMcPhedranMégieMercerMerchantMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifVernerWallinWattWetstonWoo—51

ABSTENTION

The Honourable Senator

Tannas—1

The Senate resumed debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Andreychuk, for the adoption of the fourth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Order Paper), presented in the Senate on October 4, 2016.

The Honourable Senator Plett moved, seconded by the Honourable Senator Ataullahjan:

That the Senate do now adjourn.

Question Period

Pursuant to the order adopted on February 2, 2017, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Carolyn Bennett, P.C., M.P., Minister of Indigenous and Northern Affairs, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Pursuant to the order adopted on February 2, 2017, the Senate proceeded to the vote on the motion of the Honourable Senator Plett, seconded by the Honourable Senator Ataullahjan:

That the Senate do now adjourn.

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEnvergaHousakosLangMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreNgoOhPlettPoirierRaineRuncimanSeidmanSmithStewart OlsenTannasTkachukUngerWells—31

NAYS

The Honourable Senators

BellemareBernardBlackBonifaceBoveyCampbellChristmasCordyCormierDawsonDayDeanDowneDuffyDupuisEggletonForestGagnéHarderHubleyJafferJoyalKennyLankinLovelace NicholasMcCoyMcPhedranMégieMercerMerchantMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifWallinWattWetstonWoo—45

ABSTENTIONS

The Honourable Senators

CoolsGreene—2

Reports of Committees – Other

The Senate resumed debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Andreychuk, for the adoption of the fourth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Order Paper), presented in the Senate on October 4, 2016.

After debate,

The Honourable Senator Carignan, P.C., 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, on division.


With leave of the Senate,

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, February 7, 2017, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

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

Reports of Committees – Other

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day, for the adoption of the third report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Committees), presented in the Senate on October 4, 2016.

And on the motion in amendment of the Honourable Senator Tannas, seconded by the Honourable Senator Unger:

That the third report of the Special Senate Committee on Senate Modernization be not now adopted, but that it be amended by replacing the third paragraph, starting with the words “That the Senate direct”, with the following:

“That:

1. the Clerk of the Senate be instructed to prepare and recommend to the Standing Committee on Rules, Procedures and the Rights of Parliament draft amendments to the Rules of the Senate to change the process for determining the composition of the Committee of Selection and each standing committee, using the process set out below as the basis for such amendments and taking into consideration the objectives identified by the committee and the principles underlying those objectives; and

2. the Standing Committee on Rules, Procedures and the Rights of Parliament examine and consider those recommendations and report to the Senate with its recommendations.”.

After debate,

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

That the motion in amendment be not now adopted, but that it be amended by replacing the words “report to the Senate” by the words “report to the Senate by May 1, 2017,”.

After debate,

Further debate on the subamendment was adjourned until the next sitting, in the name of the Honourable Senator Fraser.

o o o

Orders No. 4 to 13 were called and postponed until the next sitting.

Motions

Orders No. 31, 51, 73, 146, 89, 92 and 60 were called and postponed until the next sitting.

o o o

Order No. 43 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

Inquiries

Orders No. 11, 15, 2, 1, 16, 17, 13, 19, 18, 8, 12 and 14 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Merchant moved, seconded by the Honourable Senator Housakos:

That the Senate call upon the government of Canada:

(a) to recognize the genocide of the Pontic Greeks of 1916 to 1923 and to condemn any attempt to deny or distort a historical truth as being anything less than genocide, a crime against humanity; and

(b) to designate May 19th of every year hereafter throughout Canada as a day of remembrance of the over 353,000 Pontic Greeks who were killed or expelled from their homes.

After debate,

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

That with Canada celebrating 150 years as a nation and acknowledging the lasting contribution of the First Nations, early settlers, and the continuing immigration of peoples from around the world who have made and continue to make Canada the great nation that it is, the Senate urge the Government to commit to establishing a National Portrait Gallery using the former US Embassy across from Parliament Hill as a lasting legacy to mark this important milestone in Canada’s history and in recognition of the people who contributed to its success.

After debate,

The Honourable Senator Bovey moved, seconded by the Honourable Senator Moncion, that further debate on the motion 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 5:46 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)

Report on the use of arrests without warrant from July 15, 2015 to July 14, 2016, pursuant to the Criminal Code, R.S.C., 1985,c. C-46,sbs. 83.31(3).—Sessional Paper No. 1/42-871.

Report on the administration of the Canadian Environmental Protection Act, 1999, for the fiscal year ended March 31, 2016, pursuant to the Act, S.C. 1999,c. 33, sbs. 342(1).—Sessional Paper No. 1/42-872.

Report on the Statutes Repeal Act for the year 2017, pursuant to the Act, S.C. 2008, c. 20,s. 2.—Sessional Paper No. 1/42-873.

Report on investigative hearings and recognizance with conditions from July 15, 2015 to July 14, 2016, pursuant to the Criminal Code, R.S.C 1985,c. C-46,sbs. 83.31(2).—Sessional Paper No. 1/42-874.

Seventh report (interim) of the Standing Senate Committee on Foreign Affairs and International Trade entitled Free Trade Agreements: A Tool for Economic Prosperity, deposited with the Clerk of the Senate on February 7, 2017, pursuant to the orders adopted by the Senate on January 27, 2016 and February 2, 2017.—Sessional Paper No. 1/42-875S.


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 Patterson replaced the Honourable Senator Martin (February 7, 2017).

The Honourable Senator Martin replaced the Honourable Senator Patterson (February 7, 2017).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Duffy replaced the Honourable Senator Galvez (February 7, 2017).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator McIntyre replaced the Honourable Senator Tannas (February 7, 2017).

The Honourable Senator Smith replaced the Honourable Senator Marshall (February 3, 2017).

The Honourable Senator Tannas replaced the Honourable Senator McIntyre (February 3, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Marwah (February 7, 2017).

The Honourable Senator Beyak replaced the Honourable Senator Wells (February 2, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Tannas replaced the Honourable Senator McIntyre (February 7, 2017).

The Honourable Senator McIntyre replaced the Honourable Senator Tannas (February 3, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Ataullahjan replaced the Honourable Senator Poirier (February 7, 2017).

The Honourable Senator Maltais replaced the Honourable Senator Mockler (February 3, 2017).

Standing Senate Committee on Official Languages

The Honourable Senator Mockler replaced the Honourable Senator Raine (February 6, 2017).

The Honourable Senator Raine replaced the Honourable Senator Mockler (February 3, 2017).

Special Senate Committee on Senate Modernization

The Honourable Senator Smith replaced the Honourable Senator Frum (February 7, 2017).

The Honourable Senator Oh replaced the Honourable Senator Tkachuk (February 7, 2017).

The Honourable Senator Bellemare replaced the Honourable Senator Mitchell (February 6, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator MacDonald replaced the Honourable Senator Frum (February 7, 2017).

The Honourable Senator Frum replaced the Honourable Senator Poirier (February 3, 2017).

Standing Senate Committee on Transport and Communications

The Honourable Senator Galvez replaced the Honourable Senator Gold (February 7, 2017).

The Honourable Senator Gold replaced the Honourable Senator Galvez (February 6, 2017).