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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 109 (Unrevised)

Wednesday, April 5, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

BattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSibbestonSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

*AtaullahjanBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenais*DawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSibbestonSmithStewart 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 Jaffer presented the following:

Wednesday, April 5, 2017

The Standing Senate Committee on National Security and Defence has the honour to present its

EIGHTH REPORT

Your committee, to which was referred Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements), has, in obedience to the order of reference of February 1, 2017, examined the said bill and now reports the same with the following amendments:

1.Clause 2, pages 1 and 2:

(a)On page 1, replace lines 11 to 22 with the following:

(a) a person who enters Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance directly from outside Canada and then leaves Canada on board the conveyance, as long as the person was continuously on board that conveyance while in Canada and

(i) in the case of a conveyance other than an aircraft, the person did not land in Canada and the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

(ii) in the case of an aircraft, the conveyance did not land while in Canada; and

(b) a person who leaves Canadian waters, including the inland waters, or the airspace over Canada on board a conveyance and then re-enters Canada on board the conveyance, as long as the person was continuously on board that conveyance while outside Canada and

(i) in the case of a conveyance other than an aircraft, the person did not land outside Canada and the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

(ii) in the case of an aircraft, the conveyance did not land while outside Canada.”; and

(b)on page 2, delete lines 1 to 16.

2.Clause 3, pages 2 and 3:

(a)On page 2, replace lines 22 to 43 with the following:

(a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as

(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

(ii) in the case of an aircraft, the conveyance did not land while in Canada; or

(b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as

(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

(ii) in the case of an aircraft, the conveyance did not land while outside Canada.”; and

(b)on page 3, delete lines 1 to 4.

3.Clause 4, page 3:

(a)Replace line 14 with the following:

“tion 11(5) or 12(5); or”; and

(b) replace lines 17 and 18 with the following:

“and 12(5) and prescribing the circumstances under which a conveyance or a class thereof”.

4.Clause 5, page 3:

(a)Replace line 20 with the following:

5 (1) Subsection 18(1) of the Immigration and”; and

(b)add the following after line 27:

(2) Section 18 of the Act is amended by adding the following after subsection (2):

(3) Even though a person seeking to enter Canada is not, in accordance with regulations made under subsection 26(2), required to appear for an examination, an officer may require the person to do so.”.

5.Clause 7, page 4:

(a)Replace line 6 with the following:

95(1) to (2) of the Customs Act are replaced”; and

(b)replace lines 8 to 37 with the following:

95 (1) Subject to subsection (1.1) and regulations made under paragraph (2)(a), all goods that are exported shall be reported at any prescribed time and place and in any prescribed manner.

(1.1) Subject to regulations made under paragraphs (2)(c) and (d), subsection (1) does not apply in respect of goods on board a conveyance

(a) that enters Canadian waters, including the inland waters, or the airspace over Canada directly from outside Canada and then leaves Canada, as long as

(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while in Canadian waters, including the inland waters, or

(ii) in the case of an aircraft, the conveyance did not land while in Canada; or

(b) that leaves Canadian waters, including the inland waters, or the airspace over Canada and then re-enters Canada, as long as

(i) in the case of a conveyance other than an aircraft, the conveyance did not anchor, moor or make contact with another conveyance while outside Canada, or

(ii) in the case of an aircraft, the conveyance did not land while outside Canada.

(1.2) However, an officer may require that goods that are exempted under subsection (1.1) or regulations made under paragraph (2)(a) be reported under subsection (1).

(2) The Governor in Council may make regulations

(a) prescribing the classes of goods that are exempted from the requirements of subsection (1) and the circumstances in which any of those classes of goods are not so exempted;

(b) prescribing the classes of persons who are required to report goods under subsection (1) and the circumstances in which they are so required;

(c) prescribing the circumstances in which goods, or classes of goods, on board a conveyance, or a class of conveyances, are required to be reported despite subsection (1.1); and

(d) defining the expression “make contact with another conveyance” for the purposes of subsection (1.1) and prescribing the circumstances in which a conveyance or class of conveyances makes contact with another conveyance.”.

Respectfully submitted,

MOBINA S.B. JAFFER

Deputy Chair

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Reply to Question No. 19, dated October 25, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting senior management positions in Veterans Affairs Canada (VAC) which are not located at VAC National Headquarters in Charlottetown, Prince Edward Island.—Sessional Paper No. 1/42-1015S.

Reply to Question No. 35, dated December 14, 2016, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Carignan, P.C., respecting Syrian refugees.—Sessional Paper No. 1/42-1016S.

Reply to Question No. 39, dated January 31, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Griffin, respecting Parks Canada—Phoenix system.—Sessional Paper No. 1/42-1017S.

Reply to Question No. 41, dated February 14, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting goods in transit.—Sessional Paper No. 1/42-1018S.

Reply to Question No. 43, dated March 8, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Gordie Howe International Bridge.—Sessional Paper No. 1/42-1019S.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C., for the third reading of Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act.

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

That Bill C-4 be not now read a third time, but that it be amended:

(a)by deleting clause 1, on page 1;

(b)by deleting clause 2, on pages 1 and 2;

(c)by deleting clause 3, on page 2;

(d)in clause 4,

(i)on page 2, by replacing lines 30 to 36 with the following:

4 Section 39 of the Canada Labour Code is replaced by the following:

39 (1) If, on receipt of an application for an order made under subsection 38(1) or (3) in respect of a bargaining agent for a bargaining unit, the Board is”, and

(ii)on page 3, by replacing line 1 with the following:

“satisfied, on the basis of the results of a secret ballot representation vote, that a majority of the employees in the bargain-”;

(e)by deleting clause 5, on page 3;

(f)by deleting clause 6, on page 4;

(g)by deleting clause 7, on pages 4 and 5;

(h)on page 5, by adding after the heading “Public Service Labour Relations Act” after clause 7, the following:

7.1 Paragraph 39(d) of the Public Service Labour Relations Act is replaced by the following:

(d) the authority vested in a council of employee organizations that is to be considered the appropriate authority within the meaning of paragraph 64(1.1)(c);”;

(i)by deleting clause 8, on pages 5 and 6;

(j)by deleting clauses 9 to 11, on page 6;

(k)on page 6, by adding after line 35 the following:

11.1 Subsection 100(1) of the Act is replaced by the following:

100 (1) The Board must revoke the certification of a council of employee organizations that has been certified as a bargaining agent if the Board is satisfied, on application by the employer or an employee organization that forms or has formed part of the council, that the council no longer meets the condition for certification set out in paragraph 64(1.1)(c) for a council of employee organizations.”;

(l)by deleting clauses 14 and 15, on page 7; and

(m)by deleting clause 16, on pages 7and 8.

After debate,

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Woo, 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 Omidvar, seconded by the Honourable Senator Gagné, for the third reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, as amended.

After debate,

In amendment, the Honourable Senator Griffin moved, seconded by the Honourable Senator Dean:

That Bill C-6, as amended, be not now read a third time, but that it be further amended in clause 1, on page 2,

(a)by replacing line 4 with the following:

(d) if under 60 years of age at the date of his or her ap-”; and

(b)by replacing line 7 with the following:

(e) if under 60 years of age at the date of his or her ap-”.

Debate.

ADJOURNMENT

At 4:01 p.m., pursuant to the order adopted by the Senate on February 4, 2016, the Senate adjourned until 1:30 p.m., tomorrow.

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

Copy of indemnity agreements, pursuant to the Nuclear Liability and Compensation Act, S.C. 2015, c. 4, s. 120 « 31(4 )».—Sessional Paper No. 1/42-1014.


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 Doyle was added to the membership (April 5, 2017).

The Honourable Senator Beyak was removed from the membership of the committee, substitution pending (April 5, 2017).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Smith (April 5, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Boisvenu replaced the Honourable Senator Enverga (April 5, 2017).

The Honourable Senator Poirier replaced the Honourable Senator Runciman (April 5, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Christmas replaced the Honourable Senator Sinclair (April 5, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Raine replaced the Honourable Senator Andreychuk (April 5, 2017).

The Honourable Senator Andreychuk replaced the Honourable Senator Tannas (April 4, 2017).

Standing Senate Committee on Transport and Communications

The Honourable Senator Beyak was added to the membership (April 5, 2017).

The Honourable Senator Doyle was removed from the membership of the committee, substitution pending (April 5, 2017).