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66 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 174 (Unrevised)

Tuesday, January 30, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifUngerVernerWallinWattWellsWetstonWhiteWoo

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

Tributes

Tribute was paid to the memory of the Honourable Tommy Banks, former senator, whose death occurred on Tuesday, January 25, 2018.

The Senate observed a minute of silence in memory of the Honourable Tommy Banks.

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 Economic and Fiscal Monitor – January 2018, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1791.

Report of the Office of the Parliamentary Budget Officer, entitled PBO and Finance Canada Long-term Projection Comparison, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1792.

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

Charter Statement prepared by the Minister of Justice in relation to Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.—Sessional Paper No. 1/42-1793.

Charter Statement prepared by the Minister of Justice in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.—Sessional Paper No. 1/42-1794.

Charter Statement prepared by the Minister of Justice in relation to Bill C-66, An Act to establish a procedure for expunging certain historically unjust convictions and to make related amendments to other Acts.—Sessional Paper No. 1/42-1795.

Presenting or Tabling Reports from Committees

The Honourable Senator Campbell presented the following:

Tuesday, January 30, 2018

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

TWENTY-THIRD REPORT

Your committee, which is authorized by the Rules of the Senate to consider financial and administrative matters, recommends that the following funds be released for fiscal year 2017-18.

Legal and Constitutional Affairs (Legislation)

General Expenses $ 6,000
Total $ 6,000

Respectfully submitted,

LARRY W. CAMPBELL

Chair

The Honourable Senator Campbell moved, seconded by the Honourable Senator Moncion, that the report be placed on the Orders of the Day for consideration at the next sitting.

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

Notices of Motions

With leave of the Senate,

The Honourable Senator Manning moved, seconded by the Honourable Senator Doyle:

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, January 30, 2018, 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.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Response to the oral question asked in the Senate on November 22, 2017 by the Honourable Senator Bovey, concerning museum collections.—Sessional Paper No. 1/42-1796S.

Response to the oral question asked in the Senate on November 9, 2017 by the Honourable Senator Carignan, P.C., concerning genetic non-discrimination.—Sessional Paper No. 1/42-1797S.

Response to the oral question asked in the Senate on November 9, 2017 by the Honourable Senator Carignan, P.C., concerning the National Shipbuilding Strategy.—Sessional Paper No. 1/42-1798S.

Response to the oral question asked in the Senate on December 8, 2017 by the Honourable Senator Carignan, P.C., concerning the National Shipbuilding Strategy.—Sessional Paper No. 1/42-1799S.

Response to the oral question asked in the Senate on October 26, 2017 by the Honourable Senator Frum, concerning access to the National Holocaust Monument during the 2017-18 winter season.—Sessional Paper No. 1/42-1800S.

Response to the oral question asked in the Senate on November 23, 2017 by the Honourable Senator Munson, concerning immigration admissibility — people with disabilities.—Sessional Paper No. 1/42-1801S.

Response to the oral question asked in the Senate on November 22, 2017 by the Honourable Senator Ngo, concerning the processing of work permits for caregivers.—Sessional Paper No. 1/42-1802S.

Response to the oral question asked in the Senate on December 6, 2017 by the Honourable Senator Olsen, concerning flood prevention (Infrastructure Canada).—Sessional Paper No. 1/42-1803S.

Response to the oral question asked in the Senate on December 6, 2017 by the Honourable Senator Stewart Olsen, concerning flood prevention (Transport Canada).—Sessional Paper No. 1/42-1804S.

Response to the oral question asked in the Senate on November 22, 2017 by the Honourable Senator Tardif, concerning official languages — minority francophone communities.—Sessional Paper No. 1/42-1805S.

Response to the oral question asked in the Senate on November 8, 2017 by the Honourable Senator Wallin, concerning the refugee processing backlog.—Sessional Paper No. 1/42-1806S.

Response to the oral question asked in the Senate on November 22, 2017 by the Honourable Senator Wallin, concerning citizens involved in foreign terrorist activities.—Sessional Paper No. 1/42-1807S.

Response to the oral question asked in the Senate on November 29, 2017 by the Honourable Senator Wallin, concerning terrorist retraining facilities.—Sessional Paper No. 1/42-1808S.

Orders of the Day

Government Business

Bills – Reports of Committees

Consideration of the nineteenth report of the Standing Senate Committee on Banking, Trade and Commerce (Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act, and the Competition Act, with amendments), presented in the Senate on December 14, 2017.

The Honourable Senator Black moved, seconded by the Honourable Senator Gagné, that the report be adopted.

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.

Bills – Second Reading

Second reading of Bill C-24, An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Wetston, that the bill be read the second time.

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.

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Resuming debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Forest, for the second reading of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts.

After debate,

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

Motions

Order No. 1 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

Orders No. 1 and 2 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

The order was called for resuming debate on the motion of the Honourable Senator Manning, seconded by the Honourable Senator Housakos, for the adoption of the seventh report of the Standing Senate Committee on Fisheries and Oceans (Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), with amendments), presented in the Senate on October 31, 2017.

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C., 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.

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

Orders No. 1, 5 and 6 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Frum, seconded by the Honourable Senator Beyak, for the adoption of the ninth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Question Period), presented in the Senate on October 25, 2016.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Black, 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. 8, 10, 15, 29, 33, and 50 to 52 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 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 Martin moved, seconded by the Honourable Senator Wells, 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. 66 was called and postponed until the next sitting.

Motions

Order No. 31 was called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Runciman:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

After debate,

The Honourable Senator Pratte moved, seconded by the Honourable Senator Joyal, P.C., 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. 89, 92, 139, 146, 158, 174 and 189 were called and postponed until the next sitting.

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Resuming debate on the motion, as modified, of the Honourable Senator Mercer, seconded by the Honourable Senator Fraser:

That a Special Committee on the Charitable Sector be appointed to examine the impact of federal and provincial laws and policies governing charities, nonprofit organizations, foundations, and other similar groups; and to examine the impact of the voluntary sector in Canada;

That the committee be composed of nine members, to be nominated by the Committee of Selection, and that four members constitute a quorum;

That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee be empowered to report from time to time and to submit its final report no later than December 31, 2018, and retain all powers necessary to publicize its findings until 60 days after the tabling of the final report.

After debate,

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

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Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Munson:

That the Senate take note of Agenda 2030 and the related sustainable development goals adopted by the United Nations on September 25, 2015, and encourage the Government of Canada to take account of them as it drafts legislation and develops policy relating to sustainable development.

After debate,

In amendment, the Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That the motion be not now adopted, but that it be amended by:

1.adding the words “Parliament and” after the word “encourage”; and

2.replacing, in the English version, the words “it drafts legislation and develops” by the words “they draft legislation and develop”.

The Honourable Senator Day moved, seconded by the Honourable Senator Eggleton, P.C., that further debate on the motion in amendment be adjourned until the next sitting.

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

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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 Marshall moved, seconded by the Honourable Senator Andreychuk, 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, 19 and 20, 24 to 26, 28, and 31 and 32 were called and postponed until the next sitting.

MOTIONS

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

That notwithstanding any provisions of the Rules or usual practice, immediately following the adoption of this motion, or, if a vote relating to Bill C-210, An Act to amend the National Anthem Act (gender), had been previously deferred, immediately following that deferred vote:

1.the Speaker interrupt any proceedings in order to put all questions necessary to dispose of Bill C-210, without further debate, amendment or adjournment;

2.if a standing vote is requested in relation to any question necessary to dispose of the bill under this order, the bells to call in the senators ring only once and for 15 minutes, without the further ringing of the bells in relation to any subsequent standing votes requested under this order;

3.no standing vote requested in relation to the disposition of the bill under this order be deferred;

4.no motion to adjourn the Senate or to take up any other item of business be received until the bill has been decided upon; and

5.the provisions of the Rules and any previous order of the Senate relating to the time of automatic adjournment of the Senate and the suspension of the sitting at 6 p.m. be suspended until all questions necessary to dispose of the bill have been dealt with.

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

That the question be now put.

The question was put on the motion.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

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The Honourable Senator Saint-Germain moved, seconded by the Honourable Senator Lankin, P.C.:

That, pursuant to chapter 4:01, section 2, of the Senate Administrative Rules, for the remainder of the current session, any senator who occupies more than one position of chair or deputy chair of a committee for which an additional allowance is payable be authorized to waive the portion of his or her allowance payable in respect of those additional positions of chair or deputy chair.

After debate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Stewart Olsen, 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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The Honourable Senator Black moved, seconded by the Honourable Senator Mitchell:

That the Standing Senate Committee on Banking, Trade and Commerce be authorized to examine and report on new and emerging issues for Canadian importers and exporters with respect to the competitiveness of Canadian businesses in North American and global markets; and

That the committee submit its final report no later than Friday, September 28, 2018, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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


A point of order was raised with respect to the motion for the previous question.

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 4:54 p.m., the Senate was continued until tomorrow at 2 p.m.)

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to rule 15-7(1) and subsection 12(1) of the Ethics and Conflict of Interest Code for Senators, a declaration of private interest was made as follows:

The Honourable Senator Frum, respecting Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, by written declaration.

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

Ninth report of the Standing Senate Committee on Transport and Communications, entitled Driving Change: Technology and the Future of the Automated Vehicle, deposited with the Clerk of the Senate on January 29, 2018, pursuant to the orders adopted by the Senate on March 9, 2016 and December 14, 2017.—Sessional Paper No. 1/42-1785S.

Report of the Pest Management Regulatory Agency on the administration and enforcement of the Pest Control Products Act for the fiscal year ended March 31, 2017, pursuant to the Pest Control Products Act, S.C. 2002, c. 28, sbs. 80(1). —Sessional Paper No. 1/42-1786.

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/42-1787.

Summary of the Corporate Plan for 2017-18 to 2021-22 of the Canadian Broadcasting Corporation, pursuant to the Broadcasting Act, S.C. 1991, c. 11, sbs. 55(4).—Sessional Paper No. 1/42-1788.

Report on the use of arrests without warrant from July 15, 2016 to July 14, 2017, pursuant to the Criminal Code, R.S.C., 1985, c. C-46, sbs. 83.31(3).—Sessional Paper No. 1/42-1789.

Report on investigative hearings and recognizance with conditions from July 15, 2016, to July 14, 2017, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 83.31(2).—Sessional Paper No. 1/42-1790.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Ataullahjan replaced the Honourable Senator Poirier (January 30, 2018).

Standing Senate Committee on Official Languages

The Honourable Senator Jaffer replaced the Honourable Senator Tardif (January 30, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Forest replaced the Honourable Senator Dean (January 30, 2018).

The Honourable Senator Day replaced the Honourable Senator Munson (January 25, 2018).