Journals
Download as PDF
Text size:

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 157 (Unrevised)

Wednesday, November 8, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

BattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmasCordyDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFureyGagnéGalvezGoldGreeneGriffinHarderHousakosKennyLankinMacDonaldMaltaisManningMartinMarwahMassicotteMcCoyMcInnisMcIntyreMégieMercerMitchellMoncionMunsonNgoOmidvarPatePattersonPetitclercPoirierRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithTannasTardifTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

*Andreychuk*AtaullahjanBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmas*CoolsCordyDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFureyGagnéGalvezGoldGreeneGriffinHarderHousakos*JafferKennyLankinMacDonaldMaltaisManning*MarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyre*McPhedranMégieMercerMitchell*MocklerMoncionMunson*NeufeldNgo*OhOmidvarPatePattersonPetitclercPoirier*PratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithTannasTardifTkachukVernerWallinWellsWetstonWhiteWoo

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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

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2.1 (1) Paragraphs 6(1)(c.01) to (c.2) of the Act are repealed.

(2) Paragraphs 6(1)(c.4) to (c.6) of the Act are repealed.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 Brazeau moved, seconded by the Honourable Senator Wallin, 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 6 were 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,

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.

ADJOURNMENT

Ordered, That the Senate do now adjourn.

(Accordingly, at 3:57 p.m., the Senate was continued until Thursday, November 9, 2017, at 1:30 p.m.)

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

Actuarial Report (including certification of assets) on the Regular Force Death Benefit Account as of March 31, 2016, pursuant to the Canadian Forces Superannuation Act, R.S.C. 1985, c. C-17, s. 71(1).—Sessional Paper No. 1/42-1697.