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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 120 (Unrevised)

Thursday, May 11, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCampbellCarignanCordyCormierDagenaisDawsonDayDeanDowneDoyleDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMocklerMoncionMunsonOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTardifUngerVernerWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyak*BlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanCordyCormierDagenaisDawsonDayDeanDowneDoyleDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGold*GreeneHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMitchellMocklerMoncionMunsonOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart Olsen*TannasTardif*TkachukUngerVerner*WallinWellsWetstonWoo

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

Tabling of Documents

The Honourable Senator Bellemare tabled the following:

Supplementary Estimates (A), 2017-18.—Sessional Paper No. 1/42-1112.

Presenting or Tabling Reports from Committees

The Honourable Senator Andreychuk presented the following:

Thursday, May 11, 2017

The Standing Senate Committee on Foreign Affairs and International Trade has the honour to present its

ELEVENTH REPORT

Your committee, to which was referred Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures, has, in obedience to the order of reference of Tuesday, March 7, 2017, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

A. RAYNELL ANDREYCHUK

Chair

Observations to the Eleventh Report of the Standing Senate Committee on Foreign Affairs and International Trade(Bill C-30)

Taking into consideration the testimonies heard during the Standing Senate Committee on Foreign Affairs and International Trade’s (“the Committee”) study on Bill C-30, as well as the Committee’s report entitled Free Trade Agreements: A Tool for Economic Prosperity tabled February 7, 2017, the Committee makes the following nine observations for consideration by the Government of Canada:

1.A Comprehensive Economic and Trade Agreement (CETA) implementation strategy should be developed and publicly accessible. It should be based on inclusive consultation with relevant stakeholders, identify the federal measures designed to help Canadian businesses to maximize the benefits of CETA, as well as ensure that the federal departments and agencies involved in trade promotion services are ready to support Canadian businesses as soon as CETA enters into force. The CETA implementation strategy should also identify the federal measures intended to mitigate the agreement’s potentially adverse impacts, including adjustment programs for negatively affected Canadian workers, sectors and regions.

2.The level of transparency regarding government policy on CETA and other modern, comprehensive free trade agreements (FTAs), which notably include commitments involving an increasing number of trade-related areas, needs to be enhanced. More inclusive and extensive consultations before, during and after negotiations could improve both the quality and types of input provided to negotiators about the trade and economic interests at stake, and foster confidence among stakeholders and the Canadian public with the process and the final product.

3.The Government of Canada should ensure that members of the Canadian business community and other interested parties that are affected by the required regulatory changes identified in Bill C-30 (for instance, those relating to intellectual property) are consulted in a transparent and inclusive manner on the details of these changes. A draft of the regulatory changes should be pre-published in the Canada Gazette to give interested parties an opportunity to determine the extent to which the proposal is in keeping with previous consultations.

4. The Committee conveys concerns expressed by witnesses regarding the issue of Non-Disclosure Agreements and the transparency of the consultation process, particularly as it relates to intellectual property. The Committee heard testimony that the use of Non-Disclosure Agreements by the Government of Canada limits the ability of stakeholder groups to participate fully in the process, as it prevents them from coordinating with their membership. In addition to restricting input on possible regulatory changes, Non-Disclosure Agreements make it impossible for those potentially affected by those changes to prepare for them, simply because they cannot be told what they may be. While recognizing the need to safeguard the confidentiality of certain information when required, the Committee nonetheless recommends that more transparent public consultation be instituted for future trade agreements.

5. Parliamentarians and parliamentary committees require sufficient time to study comprehensive, complex and technical FTA implementing legislation. During the negotiation of FTAs, the relevant committees should receive timely information and briefings about their progress in order to facilitate the study of FTA implementation bills, such as Bill C-30.

6. The Government of Canada should assess and publicly report the impact of CETA and other FTAs as part of the federal government’s implementation and monitoring commitments of such agreements. Such reports are in addition to those that should be carried out prior to an FTA’s ratification to disclose the agreement’s expected economic, labour, environmental, social and other impacts.

7. Witnesses expressed concern that Bill C-30 may put a certain number of sectors in Canada’s economy at a competitive disadvantage with those in member countries of the European Union. The Government of Canada should duly consider the concerns and recommendations conveyed to the Committee during its examination of C-30. These include those raised by Canadian stakeholders involved in coasting trade activities in Canadian waters who argued that amendments to the Coasting Trade Act might unfairly advantage European firms operating in Canada, including their vessels that register under a different flag for reasons of convenience, at the expense of Canadian firms. For example, to ensure that the standards applied to Canadian vessels are applied to foreign vessels operating in Canada, it was suggested that a single department or agency be established to oversee compliance with, and enforcement of, all applicable laws and regulations governing vessels operating in Canada. These concerns also include the lack of reciprocity regarding the concessions granted to European firms, which means that Canadian firms are not granted the same access to coastal trade activities in European markets. The Committee, therefore, recommends that the Government of Canada negotiate an offset provision to address this issue or implement other appropriate measures.

8. The long-standing requirement that citizens of Bulgaria and Romania apply for a visa before travelling to Canada was lifted to secure the support of their governments for CETA, and was not due to any meaningful progress against, for example, rates of visa refusal and of violation of immigration rules involving travellers from these countries. The Committee recommends that the Government of Canada adopt a similar approach with Romania and Bulgaria that it has articulated regarding the lifting of the visa requirement for citizens of Mexico. When the visa requirement for Mexicans was lifted in 2016, the Government of Canada reserved the right to reinstitute that requirement if violations rose above a specific number. Canada has not imposed a similar requirement for Romania and Bulgaria, but the Committee recommends that the Government of Canada advise these countries of the number of violations that would cause the visa requirement to be automatically reinstated. This would thereby put the onus on those countries to prevent that occurrence.  

9. The Government of Canada should continue to work on measures that enhance the equitable distribution of the benefits of trade agreements for Canadians. The Committee is acutely aware that its consideration of Bill C-30 took place in the context of growing concern about international trade, including the potential for increased protectionist measures, and discontent over the distribution of benefits from FTAs. It underscores that CETA is a model of more progressive FTAs and that bringing it into force is an important signal of Canada’s commitment to openness in trade and investment.

Ordered, That the bill be placed on the Orders of the Day for third reading later this day.

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-305, An Act to amend the Criminal Code (mischief), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator MacDonald tabled the following:

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 70th Annual Meeting of the Council of State Governments, Southern Legislative Conference, held in Lexington, Kentucky, United States of America, from July 9 to 13, 2016.—Sessional Paper No. 1/42-1113.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Annual Legislative Summit of the National Conference of State Legislatures, held in Chicago, Illinois, United States of America, from August 8 to 11, 2016.—Sessional Paper No. 1/42-1114.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 69th Annual Meeting of the Council of State Governments–WEST, held in Coeur d’Alene, Idaho, United States of America, from September 6 to 9, 2016.—Sessional Paper No. 1/42-1115.

SPEAKER'S STATEMENT

Honourable senators, before beginning Question Period, I would like to take this opportunity to remind senators of certain provisions relating to Question Period. Under rule 4-8(1), questions can be asked of the Government Representative on matters relating to public affairs.  Pursuant to the order of December 10, 2015, questions can be asked of a minister who is not a senator provided they relate to his or her ministerial duties.  Questions can be asked of a committee chair during Question Period, but under rule 4-8(1)(c) they must relate to activities of the committee.  They should not be on contents of a committee report tabled in the Senate.  Senators are fully aware these matters are for debate when the subject matter is called during Orders of the Day.

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 Petitclerc, seconded by the Honourable Senator Bellemare, for the third 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, as amended.

After debate,

The Honourable Senator Day moved, for the Honourable Senator Cordy, seconded by the Honourable Senator Fraser, 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

Third reading of Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures.

The Honourable Senator Pratte moved, seconded by the Honourable Senator Gagné, that the bill be read for a third time.

After debate,

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

The bill was then read the 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 – Second Reading

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

Motions

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

o o o

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

That the document entitled Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect, tabled in the Senate on May 9, 2017, be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

After debate,

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

o o o

Order No. 96 was withdrawn pursuant to rule 5-10(2).

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, May 16, 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. on that day, 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. on that day, 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. on that day, 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

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, May 16, 2017 at 2 p.m.

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

Inquiries

Order No. 2 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.

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.

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 McCoy, seconded by the Honourable Senator Ringuette, for the adoption of the fifth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Caucus), presented in the Senate on October 4, 2016.

And on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator McCoy:

That the report be not now adopted, but that it be amended:

1.by replacing the paragraph starting with the words “That the Senate direct the Committee on Rules” by the following:

“That the Senate direct the Standing Committee on Rules, Procedures and the Rights of Parliament and the Standing Committee on Internal Economy, Budgets and Administration to draft amendments to the Rules of the Senate and the Senate Administrative Rules, and to report thereon to the Senate by May 9, 2017, respecting the following:”; and

2.by replacing the paragraph starting with the words “That the Senate direct the Committee on Internal” by the following:

“That the Senate direct the Standing Committee on Internal Economy, Budgets and Administration to prepare amendments to the Senate Administrative Rules, and to report thereon to the Senate by May 9, 2017, to provide all groups (caucuses) of senators with funding for a secretariat and research projects, regardless of whether the caucuses are organized with or without political affiliations.”.

After debate,

In amendment, the Honourable Senator McCoy moved, seconded by the Honourable Senator Lankin, P.C.:

That the motion in amendment be not now adopted, but that it be amended:

1.by replacing the word “direct” in paragraph 1 with the words “request that”; and

2. by replacing the words “May 9”, wherever they appear in the amendment, by the words “June 15”.

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

The order was called for resuming debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette, for the adoption of the fifth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Caucus), presented in the Senate on October 4, 2016.

And on the motion in amendment, as amended, of the Honourable Senator Ringuette, seconded by the Honourable Senator McCoy:

That the report be not now adopted, but that it be amended:

1.by replacing the paragraph starting with the words “That the Senate direct the Committee on Rules” by the following:

“That the Senate request that the Standing Committee on Rules, Procedures and the Rights of Parliament and the Standing Committee on Internal Economy, Budgets and Administration to draft amendments to the Rules of the Senate and the Senate Administrative Rules, and to report thereon to the Senate by June 15, 2017, respecting the following:”; and

2.by replacing the paragraph starting with the words “That the Senate direct the Committee on Internal” by the following:

“That the Senate direct the Standing Committee on Internal Economy, Budgets and Administration to prepare amendments to the Senate Administrative Rules, and to report thereon to the Senate by June 15, 2017, to provide all groups (caucuses) of senators with funding for a secretariat and research projects, regardless of whether the caucuses are organized with or without political affiliations.”.

The question being put on the motion in amendment, as amended, of the Honourable Senator Ringuette, seconded by the Honourable Senator McCoy:

That the report be not now adopted, but that it be amended:

1.by replacing the paragraph starting with the words “That the Senate direct the Committee on Rules” by the following:

“That the Senate request that the Standing Committee on Rules, Procedures and the Rights of Parliament and the Standing Committee on Internal Economy, Budgets and Administration to draft amendments to the Rules of the Senate and the Senate Administrative Rules, and to report thereon to the Senate by June 15, 2017, respecting the following:”; and

2.by replacing the paragraph starting with the words “That the Senate direct the Committee on Internal” by the following:

“That the Senate direct the Standing Committee on Internal Economy, Budgets and Administration to prepare amendments to the Senate Administrative Rules, and to report thereon to the Senate by June 15, 2017, to provide all groups (caucuses) of senators with funding for a secretariat and research projects, regardless of whether the caucuses are organized with or without political affiliations.”.

The motion in amendment, as amended, was adopted.

The order was called for resuming debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette, for the adoption of the fifth report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Caucus), presented in the Senate on October 4, 2016.

The question being put on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette, for the adoption of the fifth report (interim), as amended, of the Special Senate Committee on Senate Modernization, it was adopted.

o o o

Orders No. 5 to 12, 14 and 15, 17 to 19, 29 and 31 were called and postponed until the next sitting.

o o o

Consideration of the eleventh report of the Standing Senate Committee on National Security and Defence, entitled Reinvesting in the Canadian Armed Forces: A plan for the future, deposited with the Clerk of the Senate on May 8, 2017.

The Honourable Senator Lang moved, seconded by the Honourable Senator Martin:

That the eleventh report of the Standing Senate Committee on National Security and Defence, entitled Reinvesting in the Canadian Armed Forces: A plan for the future, deposited with the Clerk of the Senate on May 8, 2017, 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 Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Day, 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. 35 was called and postponed until the next sitting.

o o o

Consideration of the seventh report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Amendments to the Rules — Recognized parties and recognized parliamentary groups, presented in the Senate on May 9, 2017.

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.

Motions

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

o o o

Resuming debate on the motion of the Honourable Senator Merchant, 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 Moncion 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

Orders No. 189, 192 and 194 were called and postponed until the next sitting.

Inquiries

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

o o o

Resuming debate on the inquiry of the Honourable Senator Seidman, calling the attention of the Senate to its role in the protection of regional and minority representation.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, 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

Orders No. 13, 14, 17 and 18 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Pate, calling the attention of the Senate to the circumstances of some of the most marginalized, victimized, criminalized and institutionalized in Canada, particularly the increasing over-representation of Indigenous women in Canadian prisons.

After debate,

The Honourable Senator Boniface moved, seconded by the Honourable Senator Moncion, 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

Order No. 20 was called and postponed until the next sitting.

MOTIONS

The Honourable Senator Seidman moved, seconded by the Honourable Senator Maltais:

That, for the purposes of hearing the Minister of Environment and Climate Change, during its consideration of Bill C-18, An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act, the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to sit at 5:00 p.m. on Tuesday, May 16, 2017, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas:

That the Standing Senate Committee on Aboriginal Peoples be authorized to meet on Tuesday, May 16, 2017, even though the Senate may be sitting, and that the application of rule 12-18(1) be suspended in relation thereto.

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

INQUIRIES

The Honourable Senator Maltais called the attention of the Senate to the softwood lumber crisis.

After debate,

The Honourable Senator Day moved, for the Honourable Senator Mercer, seconded by the Honourable Senator Fraser, 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 Harder, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 4:30 p.m., the Senate was continued until Tuesday, May 16, 2017, at 2 p.m.)

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

Report on Northern Oil and Gas for the year ended December 31, 2016, pursuant to the Canada Petroleum Resources Act,R.S.C. 1985,c. 36 (2nd Supp.),s. 109.—Sessional Paper No. 1/42-1110.

Report of Destination Canada, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act,R.S.C. 1985,c. F-11,sbs. 150(1).—Sessional Paper No. 1/42-1111.


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 Christmas replaced the Honourable Senator Gold (May 11, 2017).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Oh replaced the Honourable Senator Ataullahjan (May 10, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator McIntyre replaced the Honourable Senator Poirier (May 11, 2017).

The Honourable Senator Poirier replaced the Honourable Senator Martin (May 10, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Marwah replaced the Honourable Senator Duffy (May 11, 2017).

Standing Senate Committee on Human Rights

The Honourable Senator Omidvar replaced the Honourable Senator Bovey (May 11, 2017).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Frum replaced the Honourable Senator Tannas (May 10, 2017).

Standing Senate Committee on Official Languages

The Honourable Senator McIntyre replaced the Honourable Senator Dagenais (May 10, 2017).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator White replaced the Honourable Senator Housakos (May 10, 2017).

The Honourable Senator Tkachuk replaced the Honourable Senator Martin (May 10, 2017).

Standing Senate Committee on Transport and Communications

The Honourable Senator Griffin replaced the Honourable Senator Duffy (May 11, 2017).

The Honourable Senator Greene replaced the Honourable Senator Lang (May 10, 2017).