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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 168 (Unrevised)

Thursday, December 7, 2017
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDowneDoyleDuffyDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDowneDoyleDuffyDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWellsWetstonWhiteWoo

The first list records senators present in the Senate Chamber during the course of the sitting.

An asterisk in the second list indicates a senator who, while not present during the sitting, was in attendance to business, as defined in subsections 8(2) and (3) of the Senators Attendance Policy.

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

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

Copy of the Commission appointing Emmanuelle Sajous Deputy of the Governor General, to do in Her Excellency’s name all acts on her part necessary to be done during Her Excellency’s pleasure, dated November 8, 2017.—Sessional Paper No. 1/42-1751S.

The said Commission is as follows:

CANADA

JULIE PAYETTE

(L.S.)

By Her Excellency the Right Honourable Julie Payette, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

To EMMANUELLE SAJOUS, of Gatineau, in the Province of Québec,

GREETING:

WHEREAS by letters patent under the Great Seal of Canada bearing date the eighth day of September in the year of Our Lord one thousandnine hundred and forty-seven, it is constituted, ordered and declared that there shall be a Governor General and Commander-in-Chief in and over Canada;

WHEREAS Her Majesty Queen Elizabeth the Second, by Commission under the Great Seal of Canada bearing date the twentieth day of September in the year of Our Lord two thousand and seventeen, was graciously pleased to appoint me, during the Royal Pleasure, Governor General and Commander-in-Chief in and over Canada, and has further in and by the said Commission authorized, empowered and commanded me to exercise and perform all and singular the powers and directions contained in the said letters patent constituting the office of the Governor General and Commander-in-Chief, or in any other letters patent adding to, amending or substituted for the same;

WHEREAS under and pursuant to the provisions in that behalf in the Constitution Act, 1867, in and by the said letters patent Her Excellency the Governor General for the time being is authorized and empowered subject to any limitations and directions from time to time expressed or given by Her Majesty to appoint any person or persons, jointly and severally, to be her Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the Royal Pleasure, such of her powers, functions and authorities as she might deem it necessary or expedient to assign to such person or persons, provided that the appointment of such Deputy or Deputies should not affect the exercise of any such power, authority or function by the Governor General and Commander-in-Chief in person;

AND WHEREAS, I deem it necessary and expedient with a view to preventing delay in the performance of the public business and affairs of Canada to appoint some fit and proper person to be my Deputy within Canada for the purposes hereinafter mentioned;

KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Julie Payette, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth the Second, under the Great Seal of Canada, dated the twentieth day of September in the year of Our Lord two thousand and seventeen, constituting and appointing me to be the Governor General of Canada do hereby nominate, constitute and appoint you, Emmanuelle Sajous, to be my Deputy within Canada, to be styled Deputy to the Governor General, whether I be absent from Canada or not and in that capacity to exercise, subject to any limitations and directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the powers of dissolving, recalling or proroguing the Parliament of Canada, of appointing members of the Ministry and of signifying Royal Assent in Parliament assembled.

PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Julie Payette, in person.

AND PROVIDED ALWAYS that you, Emmanuelle Sajous, shall during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me or the person administering the Government of Canada.

GIVEN under my hand and seal at Ottawa, this eighth day of November in the year of Our Lord two thousand and seventeen and in the sixty-sixth year of Her Majesty’s Reign.

BY COMMAND,

JOHN KNUBLEY

Deputy Registrar General of Canada

Presenting or Tabling Reports from Committees

The Honourable Senator Black, Chair of the Standing Senate Committee on Banking, Trade and Commerce, presented the eighteenth report of the committee (Budget—study on issues and concerns pertaining to cyber security and cyber fraud—power to travel).

(The report is printed as an appendix at pages 2799-2806 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

With leave of the Senate,

The Honourable Senator Black moved, seconded by the Honourable Senator Harder, P.C., that the report be adopted.

After debate,

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

o o o

A message was brought from the House of Commons with Bill C-61, An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Reports of Committees – Other

Consideration of the twenty-second report of the Standing Senate Committee on National Finance, entitled Final Report on the Supplementary Estimates (B), 2017-18, tabled in the Senate on December 6, 2017.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Boisvenu, that the report be adopted.

After debate,

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

Bills – Second Reading

Second reading of Bill C-67, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

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


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Eggleton, P.C., presented the following:

Thursday, December 7, 2017

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

TWENTY-FIRST REPORT

Your committee, to which was referred Bill C-36, An Act to amend the Statistics Act, has, in obedience to the order of reference of November 9, 2017, examined the said bill and now reports the same without amendment.

Your committee has also made certain observations which are appended to this report.

Respectfully submitted,

ART EGGLETON

Chair

OBSERVATIONS
to the 21st Report of the Standing Senate Committee on Social Affairs Science and Technology (Bill C-36)

During the committee’s hearings on Bill C-36, An Act to amend the Statistics Act, many witnesses expressed concern regarding the appointment process of the Chief Statistician.

These concerns included the term of the Chief Statistician being renewable, the lack of Parliamentary approval and the absence of a search committee.

Therefore, the committee urges the government to consider using tools including Executive Search Committees or Parliamentary approval to ensure the Chief Statistician is a non-partisan appointment who is independent from the government.

As well, in consideration of the proposed legislative change that removes the consent requirement for the release of census records to Library and Archives Canada after 92 years, the committee calls upon the Chief Statistician of Canada to explore all options to encourage Canadians to consent to the release of information for the 2006, 2011 and 2016 censuses and national householder surveys.

Statistics Canada should, before the upcoming census, highlight to Canadians the historical value of census records for future generations.

Finally, the committee would like to suggest that proposed new section 18.1(2) does not appear to reflect the current practice at Statistics Canada of allowing responders to provide consent after the fact, a practice this committee would like to see continue.

The Honourable Senator Cordy moved, seconded by the Honourable Senator Fraser, 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.

Orders of the Day

Government Business

Bills – Third Reading

Third reading of Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States.

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

After debate,

In amendment, the Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Munson:

That Bill C-23 be not now read a third time, but that it be amended

(a)on page 10, in clause 22, by deleting lines 8 to 19;

(b)on page 12, in clause 26.1, by replacing line 37 with the following:

“in sections 22, 23, 24 and 32”;

(c)on page 14,

(i)in clause 29, by replacing lines 1 to 3 with the following:

29 Subject to sections 13 to 15 and 32, every traveller bound for the United States may withdraw from preclearance and leave a pre-”, and

(ii)by deleting clause 30;

(d)on pages 14 and 15, by deleting clause 31;

(e)on page 16,

(i)in clause 32, by replacing lines 5 to 7 with the following:

“(5) and sections 25 and 26.”, and

(ii)in clause 33, by replacing line 22 with the following:

“paragraph 32(1)(b) to produce biometric”; and

(f)on page 19, in clause 39, by deleting lines 18 to 20.

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

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

The question was put on the motion in amendment of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Munson:

That Bill C-23 be not now read a third time, but that it be amended

(a)on page 10, in clause 22, by deleting lines 8 to 19;

(b)on page 12, in clause 26.1, by replacing line 37 with the following:

“in sections 22, 23, 24 and 32”;

(c)on page 14,

(i)in clause 29, by replacing lines 1 to 3 with the following:

29 Subject to sections 13 to 15 and 32, every traveller bound for the United States may withdraw from preclearance and leave a pre-”, and

(ii)by deleting clause 30;

(d)on pages 14 and 15, by deleting clause 31;

(e)on page 16,

(i)in clause 32, by replacing lines 5 to 7 with the following:

“(5) and sections 25 and 26.”, and

(ii)in clause 33, by replacing line 22 with the following:

“paragraph 32(1)(b) to produce biometric”; and

(f)on page 19, in clause 39, by deleting lines 18 to 20.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

BernardCoolsDowneDyckFraserGalvezGriffinJoyalLovelace NicholasMcCoyMcPhedranMercerMunsonOmidvarPateTardif—16

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlackBoisvenuBoveyCampbellCarignanChristmasCordyCormierDagenaisDawsonDoyleDuffyEatonEggletonFrumGagnéGreeneHarderHousakosMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcInnisMcIntyreMégieMitchellMocklerNgoOhPattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo—59

ABSTENTIONS

The Honourable Senators

ForestGoldMoncion—3

The Senate resumed debate on the motion of the Honourable Senator Black, seconded by the Honourable Senator Mitchell, for the third reading of Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States.

After debate,

In amendment, the Honourable Senator McPhedran moved, seconded by the Honourable Senator Joyal, P.C.:

That Bill C-23, be not now read a third time, but that it be amended in clause 26.1, on page 12,

(a)by replacing line 33 with the following:

26.1 (1) Regardless of any applicable recourse, a traveller”; and

(b)by adding the following after line 38:

(2) The Canadian senior officials of the Preclearance Consultative Group must consider the information received under subsection (1) and report their findings, in writing, to the traveller within 90 days after the day on which the information is received.

(3) If the traveller is dissatisfied with the findings of the Canadian senior officials of the Preclearance Consultative Group, the traveller may request, in writing, that the Minister conduct an inquiry into any situation on which information was provided under subsection (1).

(4) The Minister must conduct the inquiry and report his or her findings to the traveller within 90 days after the day on which the request made under subsection (3) is received.

(5) The Minister must, within 30 days after the day on which the report is provided to the traveller, cause the report to be posted on the Canada Border Services Agency’s website. On the request of the traveller, the report is to be posted in redacted form to protect their identity.

(6) If the Minister is of the opinion that a preclearance officer or a border services officer did not comply with Canadian law, including the Canadian Charter of Rights and Freedoms, the Canadian Bill of Rights and the Canadian Human Rights Act, or otherwise committed misconduct, the Minister must so inform the authority to whom the officer reports and make a recommendation to the authority on the sanction or remedial measure that, in the opinion of the Minister, is appropriate in the circumstances.”.

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

The Senate resumed debate on the motion of the Honourable Senator Black, seconded by the Honourable Senator Mitchell, for the third reading of Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States.

The Honourable Senator Pratte moved, seconded by the Honourable Senator McPhedran, 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 Black, seconded by the Honourable Senator Mitchell, for the third reading of Bill C-23, An Act respecting the preclearance of persons and goods in Canada and the United States.

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

The bill was then read the third time and passed.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.

Bills – Second Reading

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

o o o

Second reading of Bill C-61, An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts.

The Honourable Senator Christmas moved, seconded by the Honourable Senator Gold, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

The Honourable Senator Christmas moved, seconded by the Honourable Senator Oh, that the bill be referred to the Standing Senate Committee on Aboriginal Peoples.

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

Motions

Orders No. 1 and 147 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

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

Commons Public Bills – Third Reading

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

o o o

The order was called for resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Seidman, for the third reading of Bill C-277, An Act providing for the development of a framework on palliative care in Canada.

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.

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-206, An Act to amend the Criminal Code (protection of children against standard child-rearing violence).

The Honourable Senator Andreychuk 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

Orders No. 2 and 3 were called and postponed until the next sitting.

o o o

Second reading of Bill S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Andreychuk, that the bill be read the second time.

After debate,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Woo, 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. 5 to 7 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 4 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 8 and 10 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Hubley, for the adoption of the fourth report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Sessional Order, presented in the Senate on March 7, 2017.

The Honourable Senator Smith 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

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

o o o

Consideration of the twenty-first report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Audit and Oversight, presented in the Senate on November 28, 2017.

The Honourable Senator Moncion moved, for the Honourable Senator Massicotte, seconded by the Honourable Senator Woo, 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

The order was called for resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the adoption of the sixth report, as amended, of the Committee of Selection, entitled Nomination of senators to serve on committees, presented in the Senate on December 5, 2017.

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

That the report be not now adopted, but that it be amended by removing the Honourable Senator Dyck from the list of members of the Special Senate Committee on the Arctic.

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

The question being put on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the adoption of the sixth report, as amended, of the Committee of Selection, it was adopted.

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158, 174, 189, 206, 215 and 245 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 to 14, 19 and 20, 23 to 26, 28 and 31 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Griffin moved, seconded by the Honourable Senator Mégie:

That, notwithstanding the order of the Senate adopted on Thursday, June 15, 2017, the date for the final report of the Standing Senate Committee on Agriculture and Forestry in relation to its study on the acquisition of farmland in Canada and its potential impact on the farming sector be extended from December 21, 2017 to March 29, 2018.

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

o o o

The Honourable Senator Griffin moved, for the Honourable Senator Galvez, seconded by the Honourable Senator Mégie:

That, notwithstanding the order of the Senate adopted on Thursday, January 28, 2016, the date for the final report of the Standing Senate Committee on Energy, the Environment and Natural Resources in relation to its study on emerging issues related to its mandate be extended from December 31, 2017 to December 31, 2018.

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

o o o

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

That the provisions of the order of December 7, 2016, respecting the membership of committees, be extended to the end of the current session insofar as they relate to the membership of the Standing Committee on Ethics and Conflict of Interest for Senators; and

That the membership of the committee be composed of the members of the committee as of October 31, 2017.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:46 p.m., the Senate was continued until tomorrow at 9 a.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Ringuette replaced the Honourable Senator Omidvar (December 7, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator MacDonald replaced the Honourable Senator Plett (December 6, 2017).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Marshall replaced the Honourable Senator Frum (December 7, 2017).

The Honourable Senator Frum replaced the Honourable Senator Marshall (December 6, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Moncion replaced the Honourable Senator Pratte (December 7, 2017).

The Honourable Senator Pate replaced the Honourable Senator Dupuis (December 7, 2017).

The Honourable Senator Duffy replaced the Honourable Senator Lankin, P.C. (December 7, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Forest replaced the Honourable Senator Campbell (December 7, 2017).

The Honourable Senator Marwah replaced the Honourable Senator Forest (December 7, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Munson replaced the Honourable Senator Cordy (December 7, 2017).

The Honourable Senator Galvez replaced the Honourable Senator Dean (December 7, 2017).

The Honourable Senator Omidvar replaced the Honourable Senator Griffin (December 7, 2017).

Standing Senate Committee on Transport and Communications

The Honourable Senator Cormier replaced the Honourable Senator Omidvar (December 7, 2017).