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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 126 (Unrevised)

Thursday, June 1, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGalvezGoldGreeneGriffinHarderHousakosLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGalvezGoldGreeneGriffinHarderHousakosLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRaineRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

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 1:34 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

June 1st, 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 1st day of June, 2017, at 11:00 a.m.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bill Assented To

Thursday, June 1, 2017

An Act to implement the Free Trade Agreement between Canada and Ukraine (Bill C-31, Chapter 8, 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, tabled the thirteenth report of the committee, entitled A turning point in Canada-Argentina Relations?—Sessional Paper No. 1/42-1141S.

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Carignan, P.C., 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 Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled the fourteenth report of the committee (Subject matter of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures).—Sessional Paper No. 1/42-1142S.

(Pursuant to the order adopted on May 8, 2017, the report was deemed referred to the Standing Senate Committee on National Finance and placed on the Orders of the Day for consideration at the next sitting.)

o o o

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s thirteenth report (Bill C-233, An Act respecting a national strategy for Alzheimer’s disease and other dementias, without amendment).

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Ogilvie, 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 MacDonald tabled the following:

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Annual Winter Meeting of the National Governors Association, held in Washington, D.C., United States of America, from February 24 to 27, 2017. —Sessional Paper No. 1/42-1143.

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 Lankin, P.C., seconded by the Honourable Senator Ringuette, for the third reading of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration), as amended.

After debate,

In amendment, the Honourable Senator Sinclair moved, seconded by the Honourable Senator Pratte:

That Bill S-3, as amended, be not now read a third time, but that it be further amended, in clause 1, on page 1, in line 4 (as replaced by decision of the Senate on May 30, 2017), by adding the following after subsection (6):

(7) For greater certainty, if the identity of a parent, grandparent or other ancestor of an applicant is unknown or unstated on a birth certificate, there is no presumption that this parent, grandparent or other ancestor is not, was not or would not have been entitled to be registered.”.

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

The Senate resumed debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Ringuette, for the third reading of Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration), as amended.

After debate,

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

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

Bills – Messages from the House of Commons

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

o o o

Resuming debate on the motion of the Honourable Senator Harder, P.C., 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 Martin 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.

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

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Order No. 3 was called and postponed until the next sitting.

o o o

Third reading 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 Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Baker, P.C., that the bill be read for a third time.

After debate,

The Honourable Senator Martin moved, for the Honourable Senator Oh, 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.

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 Day:

That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, June 5, 2017, at 6:30 p.m.;

That committees of the Senate scheduled to meet on that day be authorized to sit even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto; and

That rule 3-3(1) be suspended on that day.

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

o o o

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

That, at the end of Question Period on Monday, June 5, 2017, the Senate resolve itself into a Committee of the Whole in order to receive Ms. Madeleine Meilleur respecting her appointment as Commissioner of Official Languages; and

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

After debate,

With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:

That, at the end of Question Period on Monday, June 5, 2017, the Senate resolve itself into a Committee of the Whole in order to receive Ms. Madeleine Meilleur respecting her appointment as Commissioner of Official Languages; and

That the Committee of the Whole report to the Senate no later than 90 minutes after it begins.

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

Inquiries

Order No. 2 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

Ordered, That debate on Order No. 1 be postponed until the next sitting of the Senate.

o o o

Order No. 2 was 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).

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

After debate,

The Honourable Senator Mercer moved, seconded by the Honourable Senator Day, 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.

o o o

Second reading of Bill S-239, An Act to amend the Canada Elections Act (eliminating foreign funding).

The Honourable Senator Frum moved, seconded by the Honourable Senator Housakos, that the bill be read the second time.

After debate,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Bellemare, 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 – Second Reading

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

Reports of Committees – Other

Orders No. 1 and 5 to 11 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Smith, seconded by the Honourable Senator Ataullahjan:

That the twelfth report of the Standing Senate Committee on National Finance entitled Smarter Planning, Smarter Spending: Achieving infrastructure success, tabled with the Clerk of the Senate on February 28, 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 Infrastructure and Communities being identified as minister responsible for responding to the report.

After debate,

The Honourable Senator Bellemare 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

Consideration of the fifth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled Positioning Canada’s Electricity Sector in a Carbon Constrained Future, deposited with the Clerk of the Senate on March 7, 2017.

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the consideration of the report be adjourned until the next sitting.

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

o o o

Orders No. 15, 17 and 18, 29, 31, 33, 35 and 37 were called and postponed until the next sitting.

o o o

Consideration of the eighth report of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Membership of Committee of Selection, presented in the Senate on May 31, 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.

o o o

Order No. 39 was called and postponed until the next sitting.

Motions

Orders No. 31 and 73 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That, in order to ensure that legislative reports of Senate committees follow a transparent, comprehensible and non-partisan methodology, the Rules of the Senate be amended by replacing rule 12-23(1) by the following:

“Obligation to report bill

12-23. (1) The committee to which a bill has been referred shall report the bill to the Senate. The report shall set out any amendments that the committee is recommending.  In addition, the report shall have appended to it the committee’s observations on:

(a) whether the bill generally conforms with the Constitution of Canada, including:

(i) the Canadian Charter of Rights and Freedoms, and

(ii) the division of legislative powers between Parliament and the provincial and territorial legislatures;

(b) whether the bill conforms with treaties and international agreements that Canada has signed or ratified;

(c) whether the bill unduly impinges on any minority or economically disadvantaged groups;

(d) whether the bill has any impact on one or more provinces or territories;

(e) whether the appropriate consultations have been conducted;

(f) whether the bill contains any obvious drafting errors;

(g) all amendments moved but not adopted in the committee, including the text of these amendments; and

(h) any other matter that, in the committee’s opinion, should be brought to the attention of the Senate.”

And on the motion in amendment of the Honourable Senator Nancy Ruth, seconded by the Honourable Senator Tkachuk:

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

1.adding the following new subsection after proposed subsection (c):

“(d) whether the bill has received substantive gender-based analysis;”; and

2.by changing the designation for current proposed subsections (d) to (h) to (e) to (i).

After debate,

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

Order No. 92 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Joyal, P.C., 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 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. 146, 158, 174 and 189 were called and postponed until the next sitting.

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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 Omidvar moved, seconded by the Honourable Senator Pratte, 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 and 24 to 26 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Mercer moved, seconded by the Honourable Senator Fraser:

That a Special Committee on the Charitable Sector be appointed to examine the impact of federal and provincial laws and policies governing charities, nonprofit organizations, foundations, and other similar groups; and to examine the impact of the voluntary sector in Canada;

That the committee be composed of eight members, to be nominated by the Committee of Selection, and that four 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, 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 September 28, 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 Omidvar moved, seconded by the Honourable Senator Pratte, 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 Batters moved, seconded by the Honourable Senator Enverga:

That the Standing Senate Committee on Legal and Constitutional Affairs be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a final report relating to its study on matters pertaining to delays in Canada’s criminal justice system, between June 7 and 21, 2017, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

o o o

The Honourable Senator Batters moved, seconded by the Honourable Senator Oh:

That the Standing Senate Committee on Legal and Constitutional Affairs be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a final report relating to its study on the reports of the Chief Electoral Officer on the 42nd General Election of October 19, 2015 and associated matters dealing with Elections Canada’s conduct of the election, between June 5 and 15, 2017, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:33 p.m., the Senate was continued until Monday, June 5, 2017, at 6:30 p.m.)

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

Annual Report entitled Transportation in Canada 2016: Comprehensive Report, pursuant to the Canada Transportation Act,S.C. 1996,c. 10,sbs. 52(1).—Sessional Paper No. 1/42-1140.

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 Sinclair replaced the Honourable Senator Brazeau (June 1, 2017).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Omidvar replaced the Honourable Senator Black (June 1, 2017).

The Honourable Senator Wallin replaced the Honourable Senator Woo (June 1, 2017).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Day replaced the Honourable Senator Eggleton, P.C. (June 1, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Pratte replaced the Honourable Senator Forest (June 1, 2017).

Standing Senate Committee on Official Languages

The Honourable Senator Fraser replaced the Honourable Senator Jaffer (June 1, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Hartling replaced the Honourable Senator Griffin (June 1, 2017).