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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 170 (Unrevised)

Monday, December 11, 2017
6:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBoveyBrazeauCampbellCarignanCoolsCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisEatonEggletonForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukVernerWallinWattWellsWetstonWhite

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBoveyBrazeauCampbellCarignanCoolsCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisEatonEggletonForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukVernerWallinWattWellsWetstonWhite

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:

2010-11 and 2011-12 Combined Annual Reports on the James Bay and Northern Quebec Agreement and Northeastern Quebec Agreement.—Sessional Paper No. 1/42-1756.

2013-14 Nisga’a Final Agreement Implementation Annual Report.—Sessional Paper No. 1/42-1757.

2013-14 Westbank First Nation Self-Government Agreement Annual Report on Implementation.—Sessional Paper No. 1/42-1758.

Government Notices of Motions

With leave of the Senate,

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

That photographers and camera operators be authorized in the Senate Chamber to photograph and videotape the next Royal Assent ceremony, with the least possible disruption of the proceedings.

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

Orders of the Day

Government Business

Bills – Third Reading

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

Bills – Second Reading

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

Motions

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

o o o

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

That, in accordance with section 4.1 of the Lobbying Act, R.S.C., 1985, c. 44 (4th Supp.), the Senate approve the appointment of Nancy Bélanger as Commissioner of Lobbying.

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

o o o

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

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp):

-Parts II and III;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;

3.Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17:

-sections 17 and 18;

4.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

5.Preclearance Act, S.C. 1999, c. 20:

-section 37;

6.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

7.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-sections 89 and 90, subsections 107(1) and (3) and section 109;

8.Marine Liability Act, S.C. 2001, c. 6:

-section 45;

9.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

10.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

11.Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

12.Amendments and Corrections Act, 2003, S.C. 2004, c. 16:

-sections 10 to 17 and 25 to 27;

13.Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

14.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsections 1(1) and 27(2), sections 29 and 102, subsections 140(1) and 166(2), sections 168 and 213, subsections 214(1) and 239(2), section 241, subsection 322(2), section 324, subsections 368(1) and 392(2) and section 394; and

15.An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6:

-section 28, subsection 30(1), subsection 30(3) in respect of paragraph 439(3)(a) of the Bank Act, subsection 88(1), subsection 88(3) in respect of paragraph 558(3)(a) of the Bank Act, subsection 164(1), subsection 164(3) in respect of paragraph 385.04(3)(a) of the Cooperative Credit Associations Act, section 362 in respect of subsections 425(1) and (2), paragraphs 425(3)(a) and (c) and subsection 425(4) of the Trust and Loan Companies Act.

Debate.

COMMITTEE OF THE WHOLE

At 7 p.m., pursuant to the order adopted on December 8, 2017, the Senate was adjourned during pleasure and put into a Committee of the Whole in order to receive Pierre Legault respecting his appointment as Senate Ethics Officer, the Honourable Senator Eaton in the Chair.

—In the Committee—

Pursuant to the order adopted on December 8, 2017, Pierre Legault was escorted to a seat in the Senate Chamber.

Debate.


The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the Committee had heard the witness.

Orders of the Day

Government Business

Motions

The Senate resumed debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Petitclerc:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp):

-Parts II and III;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following provisions of the schedule: sections 1, 2.1, 2.2, 3, 4, 5, 7, 7.1, 9 to 12, 14 and 16) and 85;

3.Agreement on Internal Trade Implementation Act, S.C. 1996, c. 17:

-sections 17 and 18;

4.Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

5.Preclearance Act, S.C. 1999, c. 20:

-section 37;

6.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

7.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-sections 89 and 90, subsections 107(1) and (3) and section 109;

8.Marine Liability Act, S.C. 2001, c. 6:

-section 45;

9.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

10.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

11.Assisted Human Reproduction Act, S.C. 2004, c. 2:

-sections 12 and 45 to 58;

12.Amendments and Corrections Act, 2003, S.C. 2004, c. 16:

-sections 10 to 17 and 25 to 27;

13.Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

14.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsections 1(1) and 27(2), sections 29 and 102, subsections 140(1) and 166(2), sections 168 and 213, subsections 214(1) and 239(2), section 241, subsection 322(2), section 324, subsections 368(1) and 392(2) and section 394; and

15.An Act to amend the law governing financial institutions and to provide for related and consequential matters, S.C. 2007, c. 6:

-section 28, subsection 30(1), subsection 30(3) in respect of paragraph 439(3)(a) of the Bank Act, subsection 88(1), subsection 88(3) in respect of paragraph 558(3)(a) of the Bank Act, subsection 164(1), subsection 164(3) in respect of paragraph 385.04(3)(a) of the Cooperative Credit Associations Act, section 362 in respect of subsections 425(1) and (2), paragraphs 425(3)(a) and (c) and subsection 425(4) of the Trust and Loan Companies Act.

After debate,

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

o o o

Order No. 150 was 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 question being put on the motion, it was adopted, on division.

The bill 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

Orders No. 2 and 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.

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 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

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

o o o

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Wells, for the adoption of the sixth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Speakership), presented in the Senate on October 5, 2016.

With leave of the Senate,

The Honourable Senator Mercer 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

Orders No. 6 to 8, 10, 15, 29, 33, 50 to 52 and 61 were called and postponed until the next sitting.

o o o

Resuming debate on the 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 Massicotte moved, seconded by the Honourable Senator Tannas, that the report be adopted.

After debate,

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

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

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158, 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 Manning moved, seconded by the Honourable Senator Ataullahjan:

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, December 12, 2017, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

The Honourable Senator MacDonald moved, for the Honourable Senator Galvez, seconded by the Honourable Senator Tkachuk:

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 5 p.m. on Tuesday, December 12, 2017, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

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 9:07 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)

Reports by Federal Authorities with Obligations under Section 71 of the Canadian Environmental Assessment Act, 2012, for the fiscal year ended March 31, 2017, pursuant to the Act, S.C. 2012, c. 19, s. 52 “71(2)”.—Sessional Paper No. 1/42-1754.

Report of the Public Service Commission for the fiscal year ended March 31, 2017, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 “23” and 13.—Sessional Paper No. 1/42-1755.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Sinclair replaced the Honourable Senator Boniface (December 11, 2017).

The Honourable Senator Gold replaced the Honourable Senator Christmas (December 11, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Tannas replaced the Honourable Senator Eaton (December 11, 2017).

The Honourable Senator Neufeld replaced the Honourable Senator Maltais (December 11, 2017).

The Honourable Senator Doyle replaced the Honourable Senator Marshall (December 11, 2017).

The Honourable Senator Forest replaced the Honourable Senator Marwah (December 11, 2017).