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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 123 (Unrevised)

Thursday, May 18, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDawsonDeanDowneDoyleDuffyDupuisDyckEatonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKennyLangLovelace NicholasMacDonaldManningMarshallMassicotteMcCoyMcIntyreMégieMitchellMocklerMoncionNeufeldNgoOgilvieOmidvarPattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormier*DagenaisDawsonDeanDowneDoyleDuffyDupuisDyckEatonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarder*HartlingHousakosJoyalKennyLangLovelace NicholasMacDonald*MaltaisManningMarshallMassicotteMcCoyMcIntyre*McPhedranMégie*MercerMitchellMocklerMoncion*MunsonNeufeldNgoOgilvie*OhOmidvar*PatePattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSinclairSmithStewart OlsenTannas*TardifTkachukUngerVernerWallinWellsWetstonWoo

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

ROYAL ASSENT

At 1:31 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

May 18, 2017

Mr. Speaker,

I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 18th day of May, 2017, at 10:32 a.m.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bill Assented To

Thursday, May 18, 2017

An Act to amend the Controlled Drugs and Substances Act and to make related amendments to other Acts (Bill C-37, Chapter 7, 2017)

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the committee’s twelfth report (Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine, without amendment).

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

o o o

The Honourable Senator Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the committee’s fifteenth report (Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code, without amendment).

The Honourable Senator Mitchell moved, seconded by the Honourable Senator Gagné, 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.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Andreychuk tabled the following:

Report of the Canadian Delegation of the Canada-Africa Parliamentary Association respecting its bilateral mission to the Republic of Tunisia and the Arab Republic of Egypt, held in Tunis, Tunisia and Cairo, Egypt, from January 16 to 25, 2017.—Sessional Paper No. 1/42-1126.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

A message was brought from the House of Commons in the following words:

Wednesday, May 17, 2017

ORDERED,— That a Message be sent to the Senate to acquaint Their Honours that the House has disagreed with the amendments made by the Senate to 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.

ATTEST

MARC BOSC

The Acting Clerk of the House of Commons

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the message be placed on the Orders of the Day for consideration at the next sitting.

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

Bills – Third Reading

Third reading of Bill C-31, An Act to implement the Free Trade Agreement between Canada and Ukraine.

The Honourable Senator Baker, P.C., moved, seconded by the Honourable Senator Harder, P.C., 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 – Messages from the House of Commons

Consideration of the message from the House of Commons concerning Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures:

Tuesday, May 16, 2017

ORDERED,— That a message be sent to the Senate to acquaint their Honours that, in relation to Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures, the House:

proposes that amendment 1 be amended by replacing all the words after the word “construed” with the following:

“as affecting the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective.”;

respectfully disagrees with amendments 2 and 4(a) because the government has introduced legislation to repeal secret ballot provisions for other public servants in order to achieve balance in workplace relations, further proof of the government’s intention to maintain a good-faith relationship with bargaining agents, including any future bargaining agents for RCMP members and reservists;

respectfully disagrees with amendments 3, 6, and 7 because, while agreeing with the removal of restrictions specific to the RCMP in order to allow meaningful discussions in good faith on topics of importance to RCMP members and reservists, such as harassment, removing restrictions on collective bargaining that have applied to the rest of the public service would upset processes that have worked for over 40 years;

proposes that amendment 4(b) be amended to read as follows:

on page 19, in the English version, add after the words “implementation of the term or condition;” the word “or”;

proposes that amendment 4(c) be amended to read as follows:

on page 20,

(i) replace line 7 with the following: “sation Act.”;

(ii) delete lines 8 to 19;

proposes that amendment 4(d) be amended to read as follows:

on page 21, replace lines 1 to 32 with the following:

“(a) doing so would require the enactment or amendment of any legislation by Parliament, except for the purpose of appropriating money required for the implementation of the term or condition;

(b) the term or condition is one that has been or may be established under the Royal Canadian Mounted Police Superannuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the Public Service Employment Act, the Public Service Superannuation Act or the Government Employees Compensation Act; or

(c) doing so would affect either of the following:

(i) the organization of the public service, the categories of members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act or the assignment of duties to, and the classification of, positions and persons employed in the public service, or

(ii) the right or authority of the Commissioner of the Royal Canadian Mounted Police under the Royal Canadian Mounted Police Act to ensure that police operations are effective.”;

respectfully disagrees with amendment 4(e), 5, 8, 9, and 10 because they would result in two different grievance processes applying to RCMP members, because the specialized grievance and appeal processes established under the Royal Canadian Mounted Police Act function well, and because allowing RCMP members to file identical grievances under two acts could undermine the Commissioner’s ability to ensure effective police operations.

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

That the Senate concur in the amendments made by the House of Commons to its amendments 1, 4(b), 4(c) and 4(d) to Bill C-7, An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures;

That the Senate do not insist on its amendments 2, 3, 4(a), 4(e), 5, 6, 7, 8, 9 and 10 to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

After debate,

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

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

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

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

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the second reading of Bill C-22, An Act to establish the National Security and Intelligence Committee of Parliamentarians and to make consequential amendments to certain Acts.

After debate,

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

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

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 Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (A) for the fiscal year ending March 31, 2018; and

That, for the purpose of this study, the committee have the power to sit even though the Senate may then be sitting, with 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 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, May 30, 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 and 2 were called and postponed until the next sitting.

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,

In amendment, the Honourable Senator Plett moved, seconded by the Honourable Senator Wells:

That Bill C-210 be not now read a third time, but that it be amended in the schedule, on page 2, by replacing the words “in all of” with the words “thou dost in”.

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

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

Senate Public Bills – Second Reading

Orders No. 1 to 6 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1, 5 to 12, 14 and 15, 17 to 19, 29, 31, 33 and 35 were called and postponed until the next sitting.

o o o

Consideration of the thirteenth report of the Standing Committee on Internal Economy, Budgets and Administration (Budget—pursuant to rule 12-7(1), consideration of financial and administrative matters—power to hire staff), presented in the Senate on May 16, 2017.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Neufeld, that the report be adopted.

After debate,

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

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

The Senate resumed debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Neufeld, for the adoption of the thirteenth report of the Standing Committee on Internal Economy, Budgets and Administration (Budget—pursuant to rule 12-7(1), consideration of financial and administrative matters—power to hire staff), presented in the Senate on May 16, 2017.

After debate,

In amendment, the Honourable Senator Fraser moved, seconded by the Honourable Senator Cools:

That the report be amended to provide that, in the Summary of Budget, under Professional and other services, the sum of $108,000 be deleted and replaced by $250,000.

After debate,

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

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

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158 and 189 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Watt, seconded by the Honourable Senator Cordy:

That a Special Committee on the Arctic be appointed to consider the significant and rapid changes to the Arctic, and impacts on original inhabitants;

That the committee be composed of ten members, to be nominated by the Committee of Selection, and that five members constitute a quorum;

That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That the committee be authorized to hire outside experts;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee be empowered to report from time to time and to submit its final report no later than December 10, 2018, and retain all powers necessary to publicize its findings until 60 days after the tabling of the final report.

After debate,

The Honourable Senator Patterson moved, seconded by the Honourable Senator Runciman, 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. 194 was called and postponed until the next sitting.

Inquiries

Orders No. 1 and 2, 8, 11 to 14, 17 to 20, 24 and 25 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Enverga moved, seconded by the Honourable Senator Runciman:

That the Rules of the Senate be amended by replacing rule 4 by the following:

“Prayers and National Anthem

4-1.(1) The Speaker shall proceed to Prayers as soon as a quorum is seen, and, on a Tuesday, shall then call upon a Senator or guests to lead in singing the bilingual version of O Canada.

Guest singers

4-1.(2) The Speaker may invite guests to enter the galleries to lead in singing the National Anthem.”

The Honourable Senator Enverga moved, seconded by the Honourable Senator Runciman, 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 Neufeld moved, seconded by the Honourable Senator Smith:

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 5:00 p.m. on Tuesday, May 30, 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.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:21 p.m., the Senate was continued until Tuesday, May 30, 2017, at 2 p.m.)

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 Boniface replaced the Honourable Senator Omidvar (May 18, 2017).

The Honourable Senator Raine replaced the Honourable Senator Frum (May 18, 2017).

The Honourable Senator Frum replaced the Honourable Senator Plett (May 17, 2017).

The Honourable Senator Plett replaced the Honourable Senator Martin (May 17, 2017).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Unger was added to the membership (May 18, 2017).

The Honourable Senator Plett was removed from the membership of the committee, substitution pending (May 18, 2017).

The Honourable Senator Plett replaced the Honourable Senator Marshall (May 18, 2017).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Eggleton, P.C., replaced the Honourable Senator Day (May 18, 2017).

The Honourable Senator MacDonald replaced the Honourable Senator Beyak (May 18, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Munson replaced the Honourable Senator Dawson (May 18, 2017).

The Honourable Senator Raine replaced the Honourable Senator Martin (May 18, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Marwah replaced the Honourable Senator Duffy (May 18, 2017).

The Honourable Senator Wells replaced the Honourable Senator Smith (May 18, 2017).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Jaffer replaced the Honourable Senator Dawson (May 18, 2017).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Boniface (May 18, 2017).

The Honourable Senator Dawson replaced the Honourable Senator Jaffer (May 18, 2017).

The Honourable Senator Boniface replaced the Honourable Senator Lankin, P.C. (May 17, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Dagenais replaced the Honourable Senator Unger (May 18, 2017).

The Honourable Senator White replaced the Honourable Senator Plett (May 18, 2017).

The Honourable Senator McIntyre replaced the Honourable Senator Frum (May 18, 2017).

The Honourable Senator Pate replaced the Honourable Senator Gold (May 18, 2017).

The Honourable Senator Jaffer replaced the Honourable Senator Fraser (May 18, 2017).

The Honourable Senator Unger replaced the Honourable Senator MacDonald (May 18, 2017).

The Honourable Senator Fraser replaced the Honourable Senator Jaffer (May 18, 2017).

Standing Senate Committee on National Security and Defence

The Honourable Senator White replaced the Honourable Senator McIntyre (May 18, 2017).

Special Senate Committee on Senate Modernization

The Honourable Senator Gagné replaced the Honourable Senator Gold (May 18, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Woo replaced the Honourable Senator Griffin (May 18, 2017).

The Honourable Senator Griffin replaced the Honourable Senator Hartling (May 18, 2017).

The Honourable Senator MacDonald replaced the Honourable Senator Unger (May 18, 2017).