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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 156 (Unrevised)

Tuesday, November 7, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmasCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKennyLankinMacDonaldMaltaisManningMartinMassicotteMcCoyMcInnisMcIntyreMégieMercerMitchellMoncionMunsonNgoOmidvarPatePattersonPoirierRaineRichardsRinguetteSaint-GermainSeidmanSmithStewart OlsenTardifTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

Andreychuk*AtaullahjanBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmas*CoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFureyGagnéGalvezGoldGreeneGriffinHarderHousakos*JafferJoyalKennyLankinMacDonaldMaltaisManning*MarshallMartinMassicotteMcCoyMcInnisMcIntyre*McPhedranMégieMercerMitchell*MocklerMoncionMunson*NeufeldNgo*OhOmidvarPatePattersonPoirier*PratteRaineRichardsRinguetteSaint-GermainSeidmanSmithStewart Olsen*TannasTardifTkachukUngerVernerWallinWellsWetstonWhiteWoo

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

The Senate observed a minute of silence in memory of the victims of a mass shooting in Sutherland Springs, Texas, on November 5, 2017.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Office of the Parliamentary Budget Officer entitled Supplementary Estimates (B), 2017-18, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1688.

o o o

The Honourable Senator Harder, P.C., tabled the following:

Document entitled An Assessment of the Population Impacts of Select Hypothetical Amendments to Section 6 of the Indian Act.—Sessional Paper No. 1/42-1689.

2016-17 Annual Report for the Office of the Ombudsman for the Department of National Defence and the Canadian Forces.—Sessional Paper No. 1/42-1690.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Enverga tabled the following:

Report of the Canadian Section of ParlAmericas respecting its participation at the 2nd gathering of the Parliamentary Network on Climate change, held in Panama City, Panama, from August 3 and 4, 2017.—Sessional Paper No. 1/42-1691.

Delayed Answers

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

Reply to Question No. 56, dated October 3, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Boisvenu, respecting a poll conducted on behalf of the Department of Justice.—Sessional Paper No. 1/42-1692S.

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The Honourable Senator Harder, P.C., tabled the following:

Response to the oral question asked in the Senate on September 20, 2017 by the Honourable Senator Downe, concerning cybersecurity.—Sessional Paper No. 1/42-1693S.

Response to the oral question asked in the Senate on September 21, 2017 by the Honourable Senator Kenny, concerning the military judicial process.—Sessional Paper No. 1/42-1694S.

Response to the oral question asked in the Senate on October 5, 2017 by the Honourable Senator Wallin, concerning advance directives.—Sessional Paper No. 1/42-1695S.

Response to the oral question asked in the Senate on October 19, 2017 by the Honourable Senator Dyck, concerning amendments to Indian Act.—Sessional Paper No. 1/42-1696S.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Consideration of the amendments by the House of Commons to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration):

1.Long title, page 1: Replace the long title with the following:

“An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)”

2.Clause 2, page 2: delete lines 5 to 16

3.Clause 11, page 9: Replace line 31 with the following:

ter of Rights and Freedoms, of the United Nations Declaration on the Rights of Indigenous Peoples and, if applicable, of”

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

That the Senate concur in the amendments 1 and 3 made by the House of Commons to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration);

That, in lieu of amendment 2, Bill S-3 be amended

(a)on page 2, in clause 2, by deleting lines 5 to 16;

(b)on page 5, by adding after line 40 the following:

2.1 (1) Paragraphs 6(1)(c.01) to (c.2) of the Act are repealed.

(2) Paragraphs 6(1)(c.4) to (c.6) of the Act are repealed.

(3) Paragraph 6(1)(c) of the Act is renumbered as paragraph (a.1) and is repositioned accordingly.

(4) Paragraph 6(1)(c.3) of the Act is renumbered as paragraph (a.2) and is repositioned accordingly.

(5) Subsection 6(1) of the Act is amended by adding the following after paragraph (a.2):

(a.3) that person is a direct descendant of a person who is, was or would have been entitled to be registered under paragraph (a.1) or (a.2) and

(i) they were born before April 17, 1985, whether or not their parents were married to each other at the time of the birth, or

(ii) they were born after April 16, 1985 and their parents were married to each other at any time before April 17, 1985;

(6) The portion of subsection 6(3) of the Act before paragraph (a) is replaced by the following:

(3) For the purposes of paragraphs (1)(a.3) and (f) and subsection (2),

(7) Paragraph 6(3)(b) of the Act is replaced by the following:

(b) a person who is described in paragraph (1)(a.1), (d), (e) or (f) or subsection (2) and who was no longer living on April 17, 1985 is deemed to be entitled to be registered under that paragraph or subsection; and

(8) Paragraph 6(3)(c) of the Act is repealed.

(9) Paragraph 6(3)(d) of the Act is replaced by the following:

(d) a person who is described in paragraph (1)(a.2) or (a.3) and who was no longer living on the day on which that paragraph came into force is deemed to be entitled to be registered under that paragraph.”;

(c)on page 7,

(i)by adding after line 26 the following:

3.1 (1) Paragraph 11(1)(c) of the Act is replaced by the following:

(c) that person is entitled to be registered under paragraph 6(1)(a.1) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

(2) Paragraphs 11(3)(a) and (a.1) of the Act are replaced by the following:

(a) a person whose name was omitted or deleted from the Indian Register or a Band List in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member is deemed to be entitled to have the person’s name so entered;

(a.1) a person who would have been entitled to be registered under paragraph 6(1)(a.2) or (a.3), had they been living on the day on which that paragraph came into force, and who would otherwise have been entitled, on that day, to have their name entered in a Band List, is deemed to be entitled to have their name so entered; and

(3) Paragraphs 11(3.1)(a) to (i) of the Act are replaced by the following:

(a) they are entitled to be registered under paragraph 6(1)(a.2) and their father is entitled to have his name entered in the Band List or, if their father is no longer living, was so entitled at the time of death; or

(b) they are entitled to be registered under paragraph 6(1)(a.3) and one of their parents, grandparents or other ancestors

(i) ceased to be entitled to be a member of that band by reason of the circumstances set out in paragraph 6(1)(a.1), or

(ii) was not entitled to be a member of that band immediately before April 17, 1985.

3.2 Subsections 64.1(1) and (2) of the Act are replaced by the following:

64.1 (1) A person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, exceeds $1,000, together with any interest.

(2) If the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds $1,000, together with any interest, has been repaid to the band.”,

(ii)in clause 4, by replacing line 34 with the following:

10.1 have the same meaning as in the Indian Act.”, and

(iii)in clause 5, by replacing lines 37 and 38 with the following:

order referred to in subsection 15(1) is made.”;

(d)on page 8, in clause 7, by replacing lines 13 and 14 with the following:

which the order referred to in subsection 15(1) is made, recognize any entitle-”;

(e)on page 9,

(i)in clause 10, by replacing line 3 with the following:

ly before the day on which this section comes into”, and

(ii)by adding after line 8 the following:

10.1 For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty in right of Canada, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because

(a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this section comes into force; and

(b) that person or one of the person’s parents, grandparents or other ancestors is entitled to be registered under paragraph 6(1)(a.1), (a.2) or (a.3) of the Indian Act.”; and

(f)on page 11, in clause 15,

(i)by replacing line 26 with the following:

15 (1) This Act, other than sections 2.1, 3.1, 3.2 and 10.1, comes into force or is deemed to”, and

(ii)by adding after line 30 the following:

(2) Sections 2.1, 3.1, 3.2 and 10.1 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1).”; and

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

Debate.

Question Period

Pursuant to the order adopted on November 2, 2017, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Catherine McKenna, P.C., M.P., Minister of Environment and Climate Change, entered the Senate and took part in Question Period.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

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

That the Senate concur in the amendments 1 and 3 made by the House of Commons to Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration);

That, in lieu of amendment 2, Bill S-3 be amended

(a)on page 2, in clause 2, by deleting lines 5 to 16;

(b)on page 5, by adding after line 40 the following:

2.1 (1) Paragraphs 6(1)(c.01) to (c.2) of the Act are repealed.

(2) Paragraphs 6(1)(c.4) to (c.6) of the Act are repealed.

(3) Paragraph 6(1)(c) of the Act is renumbered as paragraph (a.1) and is repositioned accordingly.

(4) Paragraph 6(1)(c.3) of the Act is renumbered as paragraph (a.2) and is repositioned accordingly.

(5) Subsection 6(1) of the Act is amended by adding the following after paragraph (a.2):

(a.3) that person is a direct descendant of a person who is, was or would have been entitled to be registered under paragraph (a.1) or (a.2) and

(i) they were born before April 17, 1985, whether or not their parents were married to each other at the time of the birth, or

(ii) they were born after April 16, 1985 and their parents were married to each other at any time before April 17, 1985;

(6) The portion of subsection 6(3) of the Act before paragraph (a) is replaced by the following:

(3) For the purposes of paragraphs (1)(a.3) and (f) and subsection (2),

(7) Paragraph 6(3)(b) of the Act is replaced by the following:

(b) a person who is described in paragraph (1)(a.1), (d), (e) or (f) or subsection (2) and who was no longer living on April 17, 1985 is deemed to be entitled to be registered under that paragraph or subsection; and

(8) Paragraph 6(3)(c) of the Act is repealed.

(9) Paragraph 6(3)(d) of the Act is replaced by the following:

(d) a person who is described in paragraph (1)(a.2) or (a.3) and who was no longer living on the day on which that paragraph came into force is deemed to be entitled to be registered under that paragraph.”;

(c)on page 7,

(i)by adding after line 26 the following:

3.1 (1) Paragraph 11(1)(c) of the Act is replaced by the following:

(c) that person is entitled to be registered under paragraph 6(1)(a.1) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or

(2) Paragraphs 11(3)(a) and (a.1) of the Act are replaced by the following:

(a) a person whose name was omitted or deleted from the Indian Register or a Band List in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) and who was no longer living on the first day on which the person would otherwise be entitled to have the person’s name entered in the Band List of the band of which the person ceased to be a member is deemed to be entitled to have the person’s name so entered;

(a.1) a person who would have been entitled to be registered under paragraph 6(1)(a.2) or (a.3), had they been living on the day on which that paragraph came into force, and who would otherwise have been entitled, on that day, to have their name entered in a Band List, is deemed to be entitled to have their name so entered; and

(3) Paragraphs 11(3.1)(a) to (i) of the Act are replaced by the following:

(a) they are entitled to be registered under paragraph 6(1)(a.2) and their father is entitled to have his name entered in the Band List or, if their father is no longer living, was so entitled at the time of death; or

(b) they are entitled to be registered under paragraph 6(1)(a.3) and one of their parents, grandparents or other ancestors

(i) ceased to be entitled to be a member of that band by reason of the circumstances set out in paragraph 6(1)(a.1), or

(ii) was not entitled to be a member of that band immediately before April 17, 1985.

3.2 Subsections 64.1(1) and (2) of the Act are replaced by the following:

64.1 (1) A person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of a band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive an amount under paragraph 64(1)(a) until such time as the aggregate of all amounts that the person would, but for this subsection, have received under paragraph 64(1)(a) is equal to the amount by which the amount that the person received under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, exceeds $1,000, together with any interest.

(2) If the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect, a person who has received an amount that exceeds $1,000 under paragraph 15(1)(a), as it read immediately before April 17, 1985, or under any former provision of this Act relating to the same subject matter as that paragraph, by reason of ceasing to be a member of the band in the circumstances set out in paragraph 6(1)(a.1), (d) or (e) is not entitled to receive any benefit afforded to members of the band as individuals as a result of the expenditure of Indian moneys under paragraphs 64(1)(b) to (k), subsection 66(1) or subsection 69(1) until the amount by which the amount so received exceeds $1,000, together with any interest, has been repaid to the band.”,

(ii)in clause 4, by replacing line 34 with the following:

10.1 have the same meaning as in the Indian Act.”, and

(iii)in clause 5, by replacing lines 37 and 38 with the following:

order referred to in subsection 15(1) is made.”;

(d)on page 8, in clause 7, by replacing lines 13 and 14 with the following:

which the order referred to in subsection 15(1) is made, recognize any entitle-”;

(e)on page 9,

(i)in clause 10, by replacing line 3 with the following:

ly before the day on which this section comes into”, and

(ii)by adding after line 8 the following:

10.1 For greater certainty, no person or body has a right to claim or receive any compensation, damages or indemnity from Her Majesty in right of Canada, any employee or agent of Her Majesty in right of Canada, or a council of a band, for anything done or omitted to be done in good faith in the exercise of their powers or the performance of their duties, only because

(a) a person was not registered, or did not have their name entered in a Band List, immediately before the day on which this section comes into force; and

(b) that person or one of the person’s parents, grandparents or other ancestors is entitled to be registered under paragraph 6(1)(a.1), (a.2) or (a.3) of the Indian Act.”; and

(f)on page 11, in clause 15,

(i)by replacing line 26 with the following:

15 (1) This Act, other than sections 2.1, 3.1, 3.2 and 10.1, comes into force or is deemed to”, and

(ii)by adding after line 30 the following:

(2) Sections 2.1, 3.1, 3.2 and 10.1 come into force on a day to be fixed by order of the Governor in Council, but that day must be after the day fixed under subsection (1).”; and

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

After debate,

The Honourable Senator Patterson moved, seconded by the Honourable Senator MacDonald, 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

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

o o o

Second reading of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts.

The Honourable Senator Boniface moved, seconded by the Honourable Senator Omidvar, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Tkachuk, 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. 5 was called and postponed until the next sitting.

Motions

Orders No. 1, 131 and 132 were called and postponed until the next sitting.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator McPhedran, for the third reading of Bill S-210, An Act to amend An Act to amend the Immigration and Refugee Protection Act, the Civil Marriage Act and the Criminal Code and to make consequential amendments to other Acts.

After debate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Omidvar.

o o o

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

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Third reading of Bill S-218, An Act respecting Latin American Heritage Month.

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

After debate,

The Honourable Senator Mercer moved, for the Honourable Senator Jaffer, 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. 4 was called and postponed until the next sitting.

Commons Public Bills – Third Reading

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

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Third reading of Bill C-277, An Act providing for the development of a framework on palliative care in Canada.

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

After debate,

The Honourable Senator Gagné moved, for the Honourable Senator Petitclerc, 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.

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

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

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Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Bovey, for the second reading of Bill S-237, An Act to amend the Criminal Code (criminal interest rate).

The Honourable Senator Boisvenu moved, for the Honourable Senator Maltais, seconded by the Honourable Senator Raine, 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. 4 to 8 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

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

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Resuming debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator Moore, for the adoption of the seventh report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Regional interest), presented in the Senate on October 18, 2016.

The Honourable Senator Wells moved, seconded by the Honourable Senator Martin, 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. 7 was called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Cordy, for the adoption of the tenth report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Nature), presented in the Senate on October 26, 2016.

After debate,

The Honourable Senator Fraser 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.

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Orders No. 10, 15, 29, 33, 50 to 52, 61 and 62 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Enverga:

That the Senate — in order to ensure transparency in the awarding of public funds and foster efficiency in infrastructure projects in the larger context of economic diversification and movement toward a greener economy, all while avoiding undue intervention in the federal-provincial division of powers — encourage the government to make provision in the budget for the creation of the Canadian Infrastructure Oversight and Best Practices Council, made up of experts in infrastructure projects from the provinces and territories, whose principal roles would be to:

1.collect information on federally funded infrastructure projects;

2. study the costs and benefits of federally funded infrastructure projects;

3. identify procurement best practices and of risk sharing;

4. promote these best practices among governments; and

5. promote project managers skills development; and

That a message be sent to the House of Commons to acquaint that House with the above.

With leave of the Senate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Plett.

o o o

Orders No. 73, 89, 92, 139, 146, 158, 174, 189, 206, 215 and 245 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 11 to 14 and 19 were called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Tardif, calling the attention of the Senate to regional universities and the important role they play in Canada.

After debate,

The Honourable Senator Cordy moved, 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.

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Orders No. 23 to 26, 28 and 31 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Day moved, seconded, with leave of the Senate, by the Honourable Senators Smith, Woo and Harder:

That, notwithstanding any provisions of the Rules or usual practice, and except in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, as of the end of the day on November 19, 2017:

1.1.the senators who are members of the Committee of Selection, the Special Senate Committee on Senate Modernization, and the standing Senate committees cease to be members of those committees;

1.2.for greater certainty, the number of members of the Committee of Selection and the standing Senate committees be those provided for in rules 12-1, 12-3(1) and 12-3(2)(a), (b), (c), (d) and (e);

1.3.for greater certainty, the number of members of the Special Senate Committee on Senate Modernization be 15, as provided for in the order of December 11, 2015, establishing the committee; and

1.4.the Leader of the Opposition (or designate), the leader of the independent Liberal senators (or designate), and the facilitator of the Independent Senators Group (or designate) name, by notice filed with the Clerk of the Senate, who shall have the notice recorded in the Journals of the Senate, the new members of the Committee of Selection, the Special Senate Committee on Senate Modernization, and the standing Senate committees from their respective party or group according to the following proportions:

(a)for committees with nine members, other than the ex officio members:

(i)four Conservative senators,

(ii)one independent Liberal senator, and

(iii)four senators from the Independent Senators Group;

(b)for committees with 12 members, other than the ex officio members:

(i)five Conservative senators,

(ii)two independent Liberal senators, and

(iii)five senators from the Independent Senators Group; and

(c)for committees with 15 members, other than the ex officio members:

(i)six Conservative senators,

(ii)three independent Liberal senators, and

(iii)six senators from the Independent Senators Group;

That, for the remainder of the current session, the following committees be empowered to elect two deputy chairs:

2.1.the Committee of Selection;

2.2.the Standing Committee on Internal Economy, Budgets and Administration;

2.3.the Standing Committee on Rules, Procedures and the Rights of Parliament;

2.4. the Standing Senate Committee on National Finance;

2.5. the Standing Senate Committee on Transport and Communications;

2.6. the Standing Senate Committee on Legal and Constitutional Affairs;

2.7. the Standing Senate Committee on Social Affairs, Science and Technology;

2.8. the Standing Senate Committee on Human Rights;

2.9. the Standing Senate Committee on National Security and Defence; and

2.10.the Special Senate Committee on Senate Modernization;

That, if a committee has elected two deputy chairs:

3.1. the reference to the deputy chair in rule 12-18(2)(b)(ii) be understood as referring to both deputy chairs of that committee acting together;

3.2. the reference to the deputy chair in rule 12-23(6) be understood as referring to either deputy chair of that committee; and

3.3. any reference to the deputy chair of a committee in any policy or guideline adopted by the Standing Committee on Internal Economy, Budgets and Administration be understood as referring to both deputy chairs acting together, until the Standing Committee on Internal Economy, Budgets and Administration decides otherwise;

That, for the remainder of the current session, for the committees covered by the provisions of rule 12-3(3), and subject to the other provisions of the Rules relating to ex officio members:

4.1.in addition to the ex officio members provided for under rule 12-3(3) and point 4.2 of this order, the leader or facilitator of any recognized party or recognized parliamentary group, or, in the absence of such a leader or facilitator, the senator designated by that leader or facilitator as his or her deputy leader or deputy facilitator, be an ex officio member; and

4.2.either the Legislative Deputy to the Government Representative or the Government Liaison be an ex officio member if the Government Representative is absent; and

That, for greater certainty, nothing in this order affect processes under the Rules permitting membership changes once new members of a committee have been named pursuant to this order.

After debate,

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

That, notwithstanding any provisions of the Rules or usual practice, and except in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, as of the end of the day on November 19, 2017:

1.1.the senators who are members of the Committee of Selection, the Special Senate Committee on Senate Modernization, and the standing Senate committees cease to be members of those committees;

1.2.for greater certainty, the number of members of the Committee of Selection and the standing Senate committees be those provided for in rules 12-1, 12-3(1) and 12-3(2)(a), (b), (c), (d) and (e);

1.3.for greater certainty, the number of members of the Special Senate Committee on Senate Modernization be 15, as provided for in the order of December 11, 2015, establishing the committee; and

1.4.the Leader of the Opposition (or designate), the leader of the independent Liberal senators (or designate), and the facilitator of the Independent Senators Group (or designate) name, by notice filed with the Clerk of the Senate, who shall have the notice recorded in the Journals of the Senate, the new members of the Committee of Selection, the Special Senate Committee on Senate Modernization, and the standing Senate committees from their respective party or group according to the following proportions:

(a)for committees with nine members, other than the ex officio members:

(i)four Conservative senators,

(ii)one independent Liberal senator, and

(iii)four senators from the Independent Senators Group;

(b)for committees with 12 members, other than the ex officio members:

(i)five Conservative senators,

(ii)two independent Liberal senators, and

(iii)five senators from the Independent Senators Group; and

(c)for committees with 15 members, other than the ex officio members:

(i)six Conservative senators,

(ii)three independent Liberal senators, and

(iii)six senators from the Independent Senators Group;

That, for the remainder of the current session, the following committees be empowered to elect two deputy chairs:

2.1.the Committee of Selection;

2.2.the Standing Committee on Internal Economy, Budgets and Administration;

2.3.the Standing Committee on Rules, Procedures and the Rights of Parliament;

2.4. the Standing Senate Committee on National Finance;

2.5. the Standing Senate Committee on Transport and Communications;

2.6. the Standing Senate Committee on Legal and Constitutional Affairs;

2.7. the Standing Senate Committee on Social Affairs, Science and Technology;

2.8. the Standing Senate Committee on Human Rights;

2.9. the Standing Senate Committee on National Security and Defence; and

2.10.the Special Senate Committee on Senate Modernization;

That, if a committee has elected two deputy chairs:

3.1. the reference to the deputy chair in rule 12-18(2)(b)(ii) be understood as referring to both deputy chairs of that committee acting together;

3.2. the reference to the deputy chair in rule 12-23(6) be understood as referring to either deputy chair of that committee; and

3.3. any reference to the deputy chair of a committee in any policy or guideline adopted by the Standing Committee on Internal Economy, Budgets and Administration be understood as referring to both deputy chairs acting together, until the Standing Committee on Internal Economy, Budgets and Administration decides otherwise;

That, for the remainder of the current session, for the committees covered by the provisions of rule 12-3(3), and subject to the other provisions of the Rules relating to ex officio members:

4.1.in addition to the ex officio members provided for under rule 12-3(3) and point 4.2 of this order, the leader or facilitator of any recognized party or recognized parliamentary group, or, in the absence of such a leader or facilitator, the senator designated by that leader or facilitator as his or her deputy leader or deputy facilitator, be an ex officio member; and

4.2.either the Legislative Deputy to the Government Representative or the Government Liaison be an ex officio member if the Government Representative is absent;

That, notwithstanding rule 12-2(5), for the remainder of the current session, the Committee of Selection be a standing committee; and

That, for greater certainty, nothing in this order affect processes under the Rules permitting membership changes once new members of a committee have been named pursuant to this order.

The Senate resumed debate on the motion, as modified, of the Honourable Senator Day, seconded by the Honourable Senators Smith, Woo and Harder:

That, notwithstanding any provisions of the Rules or usual practice, and except in relation to the Standing Committee on Ethics and Conflict of Interest for Senators, as of the end of the day on November 19, 2017:

1.1.the senators who are members of the Committee of Selection, the Special Senate Committee on Senate Modernization, and the standing Senate committees cease to be members of those committees;

1.2.for greater certainty, the number of members of the Committee of Selection and the standing Senate committees be those provided for in rules 12-1, 12-3(1) and 12-3(2)(a), (b), (c), (d) and (e);

1.3.for greater certainty, the number of members of the Special Senate Committee on Senate Modernization be 15, as provided for in the order of December 11, 2015, establishing the committee; and

1.4.the Leader of the Opposition (or designate), the leader of the independent Liberal senators (or designate), and the facilitator of the Independent Senators Group (or designate) name, by notice filed with the Clerk of the Senate, who shall have the notice recorded in the Journals of the Senate, the new members of the Committee of Selection, the Special Senate Committee on Senate Modernization, and the standing Senate committees from their respective party or group according to the following proportions:

(a)for committees with nine members, other than the ex officio members:

(i)four Conservative senators,

(ii)one independent Liberal senator, and

(iii)four senators from the Independent Senators Group;

(b)for committees with 12 members, other than the ex officio members:

(i)five Conservative senators,

(ii)two independent Liberal senators, and

(iii)five senators from the Independent Senators Group; and

(c)for committees with 15 members, other than the ex officio members:

(i)six Conservative senators,

(ii)three independent Liberal senators, and

(iii)six senators from the Independent Senators Group;

That, for the remainder of the current session, the following committees be empowered to elect two deputy chairs:

2.1.the Committee of Selection;

2.2.the Standing Committee on Internal Economy, Budgets and Administration;

2.3.the Standing Committee on Rules, Procedures and the Rights of Parliament;

2.4. the Standing Senate Committee on National Finance;

2.5. the Standing Senate Committee on Transport and Communications;

2.6. the Standing Senate Committee on Legal and Constitutional Affairs;

2.7. the Standing Senate Committee on Social Affairs, Science and Technology;

2.8. the Standing Senate Committee on Human Rights;

2.9. the Standing Senate Committee on National Security and Defence; and

2.10.the Special Senate Committee on Senate Modernization;

That, if a committee has elected two deputy chairs:

3.1. the reference to the deputy chair in rule 12-18(2)(b)(ii) be understood as referring to both deputy chairs of that committee acting together;

3.2. the reference to the deputy chair in rule 12-23(6) be understood as referring to either deputy chair of that committee; and

3.3. any reference to the deputy chair of a committee in any policy or guideline adopted by the Standing Committee on Internal Economy, Budgets and Administration be understood as referring to both deputy chairs acting together, until the Standing Committee on Internal Economy, Budgets and Administration decides otherwise;

That, for the remainder of the current session, for the committees covered by the provisions of rule 12-3(3), and subject to the other provisions of the Rules relating to ex officio members:

4.1.in addition to the ex officio members provided for under rule 12-3(3) and point 4.2 of this order, the leader or facilitator of any recognized party or recognized parliamentary group, or, in the absence of such a leader or facilitator, the senator designated by that leader or facilitator as his or her deputy leader or deputy facilitator, be an ex officio member; and

4.2.either the Legislative Deputy to the Government Representative or the Government Liaison be an ex officio member if the Government Representative is absent;

That, notwithstanding rule 12-2(5), for the remainder of the current session, the Committee of Selection be a standing committee; and

That, for greater certainty, nothing in this order affect processes under the Rules permitting membership changes once new members of a committee have been named pursuant to this order.

After debate,

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 7:16 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Amendment to the Summary of the Corporate Plan for 2017-21 of Export Development Canada, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1681.

List of outstanding specific legislative proposals to amend listed tax laws announced prior to April 1, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 162(2).—Sessional Paper No. 1/42-1682.

Summary of the Corporate Plan for 2017-18 to 2021-22 of the Canada Infrastructure Bank, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1683.

Report of the First Nations Lands Advisory Board, together with the Auditors’ Report, for the fiscal year ended March 31, 2017, pursuant to section 41.2 of the Framework Agreement on First Nation Land Management, as ratified by the First Nations Land Management Act, S.C. 1999, c. 24, sbs. 4(1).—Sessional Paper No. 1/42-1684.

Actuarial Report (including the certificate of assets) on the Pension Plan for the Members of Parliament for the fiscal year ended March 31, 2016, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c.13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/42-1685.

Actuarial Report (including cost certificate) on the Pension Plan for Federally Appointed Judges, and the certificate of assets of the Pension Plan for the fiscal year ended March 31, 2016, pursuant to the Public Pensions Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/42-1686.

Report of the Canada Foundation for Innovation, together with the Auditors’ Report, for the fiscal year ended March 31, 2017, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 1/42-1687.

Corrigendum

(Journals of the Senate of Thursday, September 28, 2017)

Add the name of the Honourable Senator Galvez to the list of senators convened and to the list of senators in attendance to business.