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66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 171 (Unrevised)

Tuesday, December 12, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBoveyCampbellCarignanCoolsCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyak*BlackBoveyCampbellCarignanCoolsCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKennyLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

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 Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

December 12th, 2017

Mr. Speaker,

I have the honour to inform you that the Right Honourable Julie Payette, Governor General of Canada, will proceed to the Senate Chamber today, the 12th day of December, 2017, at 5:15 p.m., for the purpose of giving Royal Assent to certain bills of law.

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

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 Bill C-342 — Cost of carbon pricing deduction from GST, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1759.

Presenting or Tabling Reports from Committees

The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, presented the committee’s twenty-third report (Bill C-63, A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, without amendment).

The Honourable Senator Marwah moved, seconded by the Honourable Senator Wetston, 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.

o o o

The Honourable Senator Dyck, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the committee’s eighth report (Bill C-61, An Act to give effect to the Anishinabek Nation Education Agreement and to make consequential amendments to other Acts, without amendment).

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, 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 Petitclerc, 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.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Day tabled the following:

Report of the Canadian Delegation of the Canada-China Legislative Association and Canada-Japan Inter-Parliamentary Group respecting their participation at the 25th annual meeting of the Asia-Pacific Parliamentary Forum, held in Natadola, Fiji, from January 15 to 19, 2017.—Sessional Paper No. 1/42-1760.

Report of the Canadian Delegation of the Canada-China Legislative Association and Canada-Japan Inter-Parliamentary Group respecting their participation at the 38th general assembly of the ASEAN Inter-Parliamentary Assembly, held in Manila, Philippines, from September 14 to 20, 2017.—Sessional Paper No. 1/42-1761.

Report of the Canadian Delegation of the Canada-China Legislative Association respecting the Co-Chairs’ annual visit to Kunming and Haikou, People’s Republic of China, from October 10 to 14, 2016.—Sessional Paper No. 1/42-1762.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Reply to Question No. 66, dated November 2, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the International Experience Canada program.—Sessional Paper No. 1/42-1763S.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-236, An Act to recognize Charlottetown as the birthplace of Confederation,

And to acquaint the Senate that the Commons has passed this bill, without amendment.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Cordy, seconded by the Honourable Senator Griffin, for the third reading of Bill C-36, An Act to amend the Statistics Act.

After debate,

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.

Motions

Orders No. 1 and 150 were called and postponed until the next sitting.

o o o

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

That, notwithstanding the order adopted by the Senate on February 4, 2016, the Senate continue sitting on Wednesday, December 13, 2017, until the latter of 4 p.m. or the end of Government Business;

That, if a vote is deferred until after the time provided for in the first paragraph of this order, the Speaker interrupt the proceedings immediately prior to adjournment to suspend the sitting until 5:30 p.m. for the taking of the deferred vote;

That committees of the Senate scheduled to meet on that day be authorized to sit after 4 p.m. even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto; and

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

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

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

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

And on the motion in amendment of the Honourable Senator Beyak, seconded by the Honourable Senator Dagenais:

That Bill C-210 be not now read a third time, but that it be amended, on page 1, by adding the following after line 6:

“2 This Act comes into force on the later of July 1, 2017 and the day on which it receives royal assent.”.

And on the subamendment of the Honourable Senator Ngo, seconded by the Honourable Senator Enverga:

That the motion in amendment moved by the Honourable Senator Beyak be amended by replacing the words “the later of July 1, 2017 and the day on which it receives royal assent” with the words “December 1, 2017”.

The Honourable Senator Plett moved, seconded by the Honourable Senator Smith, that further debate on the subamendment be adjourned until the next sitting.

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

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Enverga, for the second reading of Bill S-221, An Act to amend the Constitution Act, 1867 (Property qualifications of Senators).

The Honourable Senator Wells moved, seconded by the Honourable Senator Plett, 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. 3 to 7 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Seidman, for the second reading of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).

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

Reports of Committees – Other

Orders No. 1 and 5 to 7 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator 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 Housakos moved, seconded by the Honourable Senator Smith, that further debate on the motion be adjourned until the next sitting.

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

o o o

Orders No. 10 and 15 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Smith, for the adoption of the tenth report (interim) of the Standing Senate Committee on National Security and Defence, entitled Military underfunded: The walk must match the talk, deposited with the Clerk of the Senate on April 13, 2017.

And on the motion in amendment of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day:

That the tenth report of the Standing Senate Committee on National Security and Defence be not now adopted, but that it be amended by deleting the second recommendation.

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

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

o o o

Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Martin:

That the eleventh report of the Standing Senate Committee on National Security and Defence, entitled Reinvesting in the Canadian Armed Forces: A plan for the future, deposited with the Clerk of the Senate on May 8, 2017, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of National Defence being identified as minister responsible for responding to the report.

And on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day:

That the eleventh report of the Standing Senate Committee on National Security and Defence be not now adopted, but that it be referred back to the Standing Senate Committee on National Security and Defence for consideration, particularly in light of the document entitled Strong, Secure, Engaged: Canada’s Defence Policy, tabled in the Senate on June 7, 2017.

The Honourable Senator Dagenais moved, seconded by the Honourable Senator Beyak, 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. 50 to 52 were called and postponed until the next sitting.

o o o

Consideration of the seventeenth report (interim) of the Standing Senate Committee on Banking, Trade and Commerce, entitled Credit unions and the use of the word banking, tabled in the Senate on October 31, 2017.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Stewart Olsen, that the report be adopted.

After debate,

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

o o o

Resuming debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator Tannas, for the adoption 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.

After debate,

The Honourable Senator Moncion moved, seconded by the Honourable Senator Gagné, 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 and 89 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Cowan:

That the Senate note with concern the escalating and hostile behaviour exhibited by the People’s Republic of China in the South China Sea and consequently urge the Government of Canada to encourage all parties involved, and in particular the People’s Republic of China, to:

(a) recognize and uphold the rights of freedom of navigation and overflight as enshrined in customary international law and in the United Nations Convention on the Law of the Sea;

(b) cease all activities that would complicate or escalate the disputes, such as the construction of artificial islands, land reclamation, and further militarization of the region;

(c) abide by all previous multilateral efforts to resolve the disputes and commit to the successful implementation of a binding Code of Conduct in the South China Sea;

(d) commit to finding a peaceful and diplomatic solution to the disputes in line with the provisions of the UN Convention on the Law of the Sea and respect the settlements reached through international arbitration; and

(e) strengthen efforts to significantly reduce the environmental impacts of the disputes upon the fragile ecosystem of the South China Sea;

That the Senate also urge the Government of Canada to support its regional partners and allies and to take additional steps necessary to de-escalate tensions and restore the peace and stability of the region; and

That a message be sent to the House of Commons to acquaint it with the foregoing.

With leave of the Senate,

The Honourable Senator Mercer moved, for the Honourable Senator Day, seconded by the Honourable Senator Tardif, 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. 139 was called and postponed until the next sitting.

o o o

Resuming debate on the motion, as amended, of the Honourable Senator Ringuette, seconded by the Honourable Senator Lankin, P.C.:

That the Standing Senate Committee on Banking, Trade, and Commerce be authorized to:

(a)Review the operations of the Financial Consumer Agency of Canada (FCAC), the Ombudsman for Banking Services and Investments (OBSI), and ADR Chambers Banking Ombuds Office (ADRBO);

(b)Review the agencies’ interaction with and respect for provincial jurisdictions;

(c)Review and determine best practices from similar agencies in other jurisdictions;

(d)Provide recommendations to ensure that the FCAC, OBSI, and ADRBO can better protect consumers and respect provincial jurisdiction; and

That the Committee submit its final report no later than March 18, 2018, and retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

The Honourable Senator Gold moved, seconded by the Honourable Senator Mégie, that further debate on the motion, as amended, be adjourned until the next sitting.

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

o o o

Orders No. 158, 174, 189, 206 and 215 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Griffin, seconded by the Honourable Senator Martin:

That the Senate affirm that literacy is a core component to active citizenship, a determinant for healthy outcomes, and, at its core, key to building an innovative economy with good, sustainable jobs;

That the Senate urge the Government to take into consideration the particular regional circumstances of Atlantic Canada based on smaller populations, many of which are in rural areas, when determining whether to implement programs using project-based funding compared to core funding;

That the Senate further urge the Minister of Employment, Workforce Development and Labour to make an exception to the present terms and conditions of the Office of Literacy and Essential Skills project-based funding programs in order to request an emergency submission to the Treasury Board for $600,000 of core funding for the Atlantic Partnership for Literacy and Essential Skills based on their 2017 pre-budget consultation submission to Parliament; and

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

After debate,

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

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

Inquiries

Orders No. 8, 12 and 13 were called and postponed until the next sitting.

o o o

Order No. 14 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

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

MOTIONS

The Honourable Senator Cormier moved, seconded by the Honourable Senator Pate:

That the Standing Senate Committee on Official Languages be authorized to study and to report on the application of the Official Languages Act and of the regulations and directives made under it, within those institutions subject to the Act;

That the committee also be authorized to study the reports and documents published by the Minister of Canadian Heritage and Official Languages, the President of the Treasury Board, and the Commissioner of Official Languages, and any other subject concerning official languages;

That the papers and evidence received and taken and work already accomplished by the committee on this subject since the beginning of the First Session of the Forty-second Parliament, as authorized by the Senate on February 3, 2016, be referred back to the committee; and

That the committee submit its final report no later than June 30, 2019, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

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

INQUIRIES

The Honourable Senator Wallin called the attention of the Senate to the federal government’s legal obligation to protect and maintain Canada’s voluntary blood system and to examine the issues surrounding commercial, cash- for- blood operations.

After debate,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Gagné, that further debate on the inquiry be adjourned until the next sitting.

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


At 4:16 p.m., pursuant to rule 16-1(5), the sitting was suspended until 5:10 p.m.

The sitting resumed.

ROYAL ASSENT

The sitting of the Senate was suspended to await the arrival of Her Excellency the Governor General.

After awhile, Her Excellency the Governor General arrived and was seated at the foot of the Throne.

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:

“It is the pleasure of Her Excellency the Governor General that they attend her immediately in the Senate Chamber.”

The House of Commons being come,

One of the Clerks at the Table then read the titles of the bills to be assented to as follows:

An Act to amend the Criminal Code (mischief) (Bill C-305, Chapter 23, 2017)

An Act respecting National Sickle Cell Awareness Day (Bill S-211, Chapter 24, 2017)

An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général) (Bill S-3, Chapter 25, 2017)

An Act to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect (Bill C-60, Chapter 26, 2017)

An Act respecting the preclearance of persons and goods in Canada and the United States (Bill C-23, Chapter 27, 2017)

An Act providing for the development of a framework on palliative care in Canada (Bill C-277, Chapter 28, 2017)

An Act to recognize Charlottetown as the birthplace of Confederation (Bill S-236, Chapter 30, 2017)

An Act to amend the Statistics Act (Bill C-36, Chapter 31, 2017)

To these bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:

“In Her Majesty’s name, Her Excellency the Governor General doth assent to these bills.”

5:22 p.m.

The Speaker of the House of Commons addressed Her Excellency the Governor General as follows:

“May it Please Your Excellency:

The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.

In the name of the Commons, I present to Your Excellency the following bill:

An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018 (Bill C-67, Chapter 29, 2017)

To which bill I humbly request Your Excellency’s Assent.”

After one of the Clerks at the Table read the title of this bill,

To this bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:

“In Her Majesty’s name, Her Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to this bill.”

5:25 p.m.

The Commons withdrew.

After which Her Excellency the Governor General was pleased to retire.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:31 p.m., the Senate was continued until tomorrow at 2 p.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Boniface replaced the Honourable Senator Sinclair (December 12, 2017).

The Honourable Senator Christmas replaced the Honourable Senator Gold (December 12, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Bovey replaced the Honourable Senator Christmas (December 12, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Cormier replaced the Honourable Senator Bovey (December 12, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Black replaced the Honourable Senator Dean (December 12, 2017).

The Honourable Senator Campbell replaced the Honourable Senator Marwah (December 12, 2017).

The Honourable Senator Dean replaced the Honourable Senator Black (December 12, 2017).

The Honourable Senator Marwah replaced the Honourable Senator Campbell (December 12, 2017).

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