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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 110 (Unrevised)

Thursday, April 6, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

BattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDupuisDyckEatonForestFraserFrumFureyGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukVernerWattWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

*Andreychuk*AtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenais*DawsonDayDeanDowneDoyleDuffyDupuisDyckEatonForestFraserFrumFureyGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukVernerWattWellsWetstonWoo

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 Fraser presented the following:

Thursday, April 6, 2017

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

FIFTH REPORT

Pursuant to its order of reference of February 16, 2017, your committee has considered practices relating to omnibus bills in the Senate. Your committee notes that there already exist processes allowing the Senate to initiate the division of bills, although they are rarely used. In the Senate there have been only two recent cases, in 1988 (Bill C-103) and 2002 (Bill C-10).

The process for dividing a bill may be summarized as follows:

1.The committee to which a bill will be or has been referred must be empowered by the Senate to divide the bill.

2.The committee reports how the bill should be divided, and returns part of it to the Senate.

3.The report is considered and adopted by the Senate, at which point there are, from the Senate’s perspective, more than one bill where there was previously one.

4.Once the report is agreed to, the part of the bill reported by the committee goes on to third reading.

5.If that part of the bill is adopted at third reading, a message is sent to the House of Commons requesting that it agree to the division of the bill and pass the part to which the Senate has agreed.

6.If the House of Commons agrees to the division, then both houses are in agreement about the separate existence of the bills.

7.Once the Senate and Commons are in agreement on one of the bills, it can go to Royal Assent. The other part(s) would follow once the houses agree on it or them.

In addition, your committee notes that the Senate has developed a practice whereby, in the case of complex bills, different committees may be authorized to pre-study specific parts of the bill, in addition to one committee being authorized to study the entire bill. This practice has been applied to budget implementation bills, as was noted in a Speaker’s ruling of February 3, 2015. In this way, committees can deal with specific parts of the bill relevant to their mandates, while one committee (up to early 2017, the National Finance Committee) retains a comprehensive view of the entire bill.

In light of the availability of a procedure for dividing any type of bill, as well as the other mechanisms available to facilitate the study of complex bills, your committee recommends that the Rules of the Senate not be amended at this time specifically in relation to omnibus bills. Your committee will, however, continue to monitor the issue as necessary, in case any adjustments may be appropriate in the future. Your committee also notes that the House of Commons will be considering the issue of omnibus bills.

Respectfully submitted,

JOAN FRASER

Chair

The Honourable Senator Fraser moved, seconded by the Honourable Senator Mercer, 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 Maltais, Chair of the Standing Senate Committee on Agriculture and Forestry, presented the sixth report of the committee (Budget—study on the acquisition of farmland in Canada and its potential impact on the farming sector—power to hire staff and to travel).

(The report is printed as Appendix A at pages 1518-1525 (available in print format PDF).)

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

The Honourable Senator Maltais moved, seconded by the Honourable Senator Seidman, 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 MacDonald, Deputy Chair of the Standing Senate Committee on Transport and Communications, presented the seventh report of the committee (Budget—study on the regulatory and technical issues related to the deployment of connected and automated vehicles).

(The report is printed as Appendix B at pages 1526-1535 (available in print format PDF).)

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

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

o o o

The Honourable Senator Neufeld presented the following:

Thursday, April 6, 2017

The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its

SIXTH REPORT

Your committee, to which was referred Bill S-229, An Act respecting underground infrastructure safety, has, in obedience to the order of reference of December 6, 2016, examined the said bill and now reports the same with the following amendments:

1.Clause 2, page 2: add after line 36 the following:

province includes Yukon, the Northwest Territories and Nunavut. (province)”.

2.Clause 12, page 6:

(a)Replace line 9 with the following:

“time specified in subsection (2), do any of the following:”;

(b)replace line 15 with the following:

(b) provide to that person, in writing, an accu-”; and

(c)replace line 18 with the following:

“ground disturbance;”.

Respectfully submitted,

RICHARD NEUFELD

Chair

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Raine, 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 Neufeld, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, presented the seventh report of the committee (Budget—study on the effects of transitioning to a low carbon economy—power to travel).

(The report is printed as Appendix C at pages 1536-1543 (available in print format PDF).)

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

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Raine, 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 Tardif, Chair of the Standing Senate Committee on Official Languages, presented the third report of the committee (Budget—study on the challenges associated with access to French schools and French immersion programs in B.C.—power to hire staff and to travel).

(The report is printed as Appendix D at pages 1544-1551 (available in print format PDF).)

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

The Honourable Senator Tardif 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.

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 Martin moved, for the Honourable Senator Plett, seconded by the Honourable Senator Raine, 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.

And on the motion in amendment of the Honourable Senator Griffin, 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-”.

After debate,

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

YEAS

The Honourable Senators

BattersBeyakBoisvenuCarignanDagenaisDeanDoyleDuffyDupuisEatonFrumGalvezGreeneGriffinHousakosMacDonaldMaltaisManningMarshallMartinMcIntyreMégieMocklerNeufeldNgoPattersonRaineRuncimanSaint-GermainSeidmanSmithStewart OlsenTannasTkachukWells—35

NAYS

The Honourable Senators

BellemareBonifaceBrazeauChristmasCoolsCordyDayForestFraserGoldHarderHartlingJafferLankinMarwahMcPhedranMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteTardifWetstonWoo—27

ABSTENTIONS

The Honourable Senators

CormierMcCoyOh—3

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.

Debate.

At 4:33 p.m., the sitting was suspended.

At 4:37 p.m., the sitting resumed.

The Senate resumed 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 Oh moved, seconded by the Honourable Senator Dagenais:

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

(a) on page 1, by replacing lines 4 and 5 with the following:

1 (0.1) Paragraph 5(1)(b) of the Citizenship Act is repealed.

(1) The portion of paragraph 5(1)(c) of the Act before subparagraph (i) is replaced”;

(b)on page 2,

(i)by replacing line 4 with the following:

(d) if 18 years of age or more but less than 60 years of age at the date of his or her ap-”,

(ii)by replacing line 7 with the following:

(e) if 18 years of age or more but less than 60 years of age at the date of his or her ap-”, and

(iii)by adding after line 26 the following:

(7.1) Section 5 of the Act is amended by adding the following after subsection (1.03):

(1.04) When the application referred to in paragraph (1)(a) is in respect of a minor, it must be

(a) made by either parent, by a legal or de facto guardian or by any other person having custody of the minor, whether by virtue of an order of a court of competent jurisdiction, a written agreement or the operation of law; and

(b) countersigned by the minor, if the minor has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability.

(1.05) If the Minister waives the requirement set out in paragraph (1.04)(a) under subparagraph (3)(b)(v), the application referred to paragraph (1)(a) may be made by the minor.”;

(c)on page 3, by replacing lines 2 and 3 with the following:

repealing subparagraphs (i) and (iii), by adding “or” at the end of subparagraph (iv), and by adding the following after subparagraph (iv):

(v) the requirement respecting who may make an application in respect of a minor set out in paragraph (1.04)(a).”; and

(d) on page 6, by adding the following after line 38:

17.1 Until the day on which subsection 1(6) comes into force, paragraphs 5(1)(d) and (e) of the Citizenship Act are replaced by the following:

(d) if 18 years of age or more but less than 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;

(e) if 18 years of age or more but less than 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and”.

After debate,

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, that further debate on the motion in amendment be adjourned until the next sitting.

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

Bills – Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Motions

Orders No. 1 and 80 were called and postponed until the next sitting.

o o o

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare:

That, at the end of Question Period on Tuesday, April 11, 2017, the Senate resolve itself into a Committee of the Whole in order to receive Mr. Patrick Borbey respecting his appointment as President of the Public Service Commission; and

That the Committee of the Whole report to the Senate no later than one hour after it begins.

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

o o o

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

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 Tuesday, April 11, 2017, 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. today, 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. today, 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. today, the sitting be suspended until that time for the purpose of holding Question Period.

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

o o o

With leave of the Senate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, April 11, 2017 at 2 p.m.

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

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

o o o

Third reading of Bill S-231, An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources), as amended.

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

After debate,

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

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

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

After debate,

The Honourable Senator Bellemare moved, for the Honourable Senator Harder, P.C., seconded by the Honourable Senator Petitclerc, 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 – Reports of Committees

Consideration of the twelfth report of the Standing Senate Committee on Banking, Trade and Commerce (Bill S-224, An Act respecting payments made under construction contracts, with amendments), presented in the Senate on April 4, 2017.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator MacDonald, that the report be adopted.

After debate,

The Honourable Senator Bellemare moved, for the Honourable Senator Mitchell, seconded by the Honourable Senator Harder, P.C., that further debate on the motion be adjourned until the next sitting.

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

o o o

Consideration of the eighth report of the Standing Senate Committee on National Security and Defence (Bill S-233, An Act to amend the Customs Act and the Immigration and Refugee Protection Act (presentation and reporting requirements), with amendments), presented in the Senate on April 5, 2017.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Tardif, that the report be adopted.

After debate,

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

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Munson, that the bill, as amended, 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.

Senate Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, 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 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 3, 5 to 12 and 14 to 18 were called and postponed until the next sitting.

o o o

Consideration of the seventh report of the Standing Senate Committee on Transport and Communications (Budget—study on the regulatory and technical issues related to the deployment of connected and automated vehicles), presented in the Senate on April 6, 2017.

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.

After debate,

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

Motions

Orders No. 31, 51, 73, 89, 92, 139, 146 and 158 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 2, 8 and 11 to 15 were called and postponed until the next sitting.

o o o

Order No. 16 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 17 to 20 were called and postponed until the next sitting.

MOTIONS

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

That the Standing Senate Committee on Transport and Communications be authorized to examine and report on issues related to the 373 million dollars of federal public money on loan to Bombardier Inc., including but not limited to the overall value for investment on behalf of Canadians; and

That the committee submit its final report to the Senate no later than June 7, 2017 and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that further debate on the motion be adjourned until the next sitting.

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

YEAS

The Honourable Senators

BellemareBonifaceBrazeauChristmasCoolsDeanDuffyFraserGoldHarderHartlingJafferLankinMarwahMcCoyMégieMitchellMoncionMunsonPatePetitclercPratteTardifWoo—24

NAYS

The Honourable Senators

BeyakBoisvenuCarignanDagenaisEatonHousakosMaltaisMarshallMartinMcIntyreOhPattersonRuncimanSeidmanSmithStewart OlsenTkachukWells—18

ABSTENTIONS

The Honourable Senators

Nil

o o o

The Honourable Senator Tardif moved, seconded by the Honourable Senator Jaffer:

That the Standing Senate Committee on Official Languages be authorized to examine and report on Canadians’ views about modernizing the Official Languages Act. Considering that the Act will be turning 50 in 2019 and that it affects various segments of the Canadian population, that the committee be authorized to:

(a) Examine and report on young Canadians’ views about the advancement of both official languages, how they identify with the languages and related cultures, the motivations for learning the other official language, the employment opportunities and future of bilingual youth, and what can be done to enhance federal support for linguistic duality;

(b) Identify the concerns of official language minority communities — and their sector-based organizations (e.g., health, education, culture, immigration) — regarding the implementation of the Official Languages Act, and what can be done to enhance their vitality and to support and assist their development;

(c) Examine and report on the views of stakeholders who have witnessed the evolution of the Official Languages Act since it was enacted 50 years ago, with a focus on success stories, its weaknesses, and what can be done to improve it;

(d)Identify issues specific to the administration of justice in both official languages, potential shortcomings of the Official Languages Act in this regard, and what can be done to ensure respect for English and French as the official languages of Canada;

(e) Identify issues specific to the powers, duties and functions of federal institutions with respect to the implementation of the Official Languages Act — particularly the roles of the departments responsible (e.g., Canadian Heritage, Treasury Board Secretariat, Department of Justice, Public Service Commission of Canada) and the Office of the Commissioner of Official Languages — and what can be done to ensure the equality of both official languages in the institutions subject to the Act; and

That the committee submit interim reports on the aforementioned themes, that it submit its final report to the Senate no later than June 30, 2019, and that it retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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 6:33 p.m., the Senate was continued until Tuesday, April 11, 2017, at 2 p.m.)

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

Summaries of the Corporate Plan for 2016-17 to 2020-21 and of the Operating and Capital Budgets for 2016-17 of the National Gallery of Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11,sbs. 125(4).—Sessional Paper No. 1/42-1020.

Independent Review of the Remote Sensing Space Systems Act, pursuant to the Act, S.C. 2005,c. 45,sbs. 45.1(2).—Sessional Paper No. 1/42-1021.

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 Banking, Trade and Commerce

The Honourable Senator Patterson replaced the Honourable Senator Enverga (April 6, 2017).

The Honourable Senator Campbell replaced the Honourable Senator Forest (April 6, 2017).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Plett was added to the membership (April 6, 2017).

The Honourable Senator Smith was removed from the membership of the committee, substitution pending (April 6, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Griffin replaced the Honourable Senator Omidvar (April 6, 2017).

The Honourable Senator Sinclair replaced the Honourable Senator Christmas (April 6, 2017).

The Honourable Senator Doyle replaced the Honourable Senator White (April 5, 2017).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Omidvar replaced the Honourable Senator Gold (April 6, 2017).