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66 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 175 (Unrevised)

Wednesday, January 31, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-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 Honourable Senator Fraser, who will resign from the Senate on February 2, 2018.

ROUTINE PROCEEDINGS

Tabling of Documents

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

Implementation Report for the Eeyou Marine Region Land Claims Agreement for fiscal years 2011-12 to 2013-14.—Sessional Paper No. 1/42-1810.

Implementation Report for the Nunavik Inuit Land Claims Agreement for fiscal years 2011-12 to 2014-15.—Sessional Paper No. 1/42-1811.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Maltais tabled the following:

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the 16th winter meeting of the OSCE PA, held in Vienna, Austria, from February 22 to 24, 2017.—Sessional Paper No. 1/42-1812.

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the 2nd OSCE Gender Equality Review Conference, held in Vienna, Austria, on June 12 and 13, 2017.—Sessional Paper No. 1/42-1813.

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly respecting its participation at the 26th annual session, held in Minsk, Belarus, from July 5 to 9, 2017.—Sessional Paper No. 1/42-1814.

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the autumn meeting of the OSCE PA, held in Andorra la Vella, Principality of Andorra, from October 3 to 5, 2017.—Sessional Paper No. 1/42-1815.

o o o

The Honourable Senator Ataullahjan tabled the following:

Report of the Canadian Delegation respecting its participation at the 137th Inter-Parliamentary Union assembly and related meetings held in St. Petersburg, Russia, from October 14 to 18, 2017.—Sessional Paper No. 1/42-1816.

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 23, 2017 by the Honourable Senator Maltais, concerning the broadcasting tax policy.—Sessional Paper No. 1/42-1817S.

Orders of the Day

SPEAKER'S STATEMENT

Honourable senators,

I have reviewed the record from yesterday’s sitting and would like to make the following comments.

Let me begin by recognizing that there was some confusion yesterday in proceedings on motion 271. In brief, Senator Lankin moved her motion, seconded by Senator Peticlerc. After hearing Senator Lankin say that she did not intend to speak to the motion, I recognized Senator Peticlerc, who is seated immediately beside Senator Lankin and was the first senator whom I saw. Senator Peticlerc then moved the previous question, seconded by Senator Lankin. The purpose of moving the previous question is usually to curtail debate and, if adopted, put the question on the main motion. The previous question is a debatable motion, but cannot be amended.

When Senator Plett stood, I thought that he wished to speak to Senator Lankin’s motion rather than the previous question. He could not, however, do this, since by then the Senate was dealing with the previous question, which will determine the fate of Senator Lankin’s motion.

Since there was no debate on Senator Peticlerc’s actual motion, the question was then put, and a standing vote requested and deferred until 5:30 p.m. today.

Given the very rare use of the previous question, it is understandable that confusion arose. To help address this situation, it might be helpful if Senator Plett were able to speak at this time to explain his position, as if he were speaking to the motion on the previous question, but understanding that this intervention does not affect the vote later today. This would allow the Senate to understand his views when it does make its decision on the previous question.

Therefore, I will now recognize Senator Plett.


A point of order was raised with respect to proceedings on Other Business, motion no. 271 and the motion for the previous question related thereto.

Debate.


At 4 p.m., the sitting was suspended.

At 5:30 p.m., the sitting resumed.

DEFERRED VOTES

At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the motion for the previous question of the Honourable Senator Petitclerc, seconded by the Honourable Senator Lankin, P.C., in relation to Non-Government Motion No. 271 of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

BellemareBlackBonifaceBoveyCampbellChristmasCordyCormierCoyleDawsonDowneDupuisDyckEggletonForestGagnéGoldHarderHartlingJoyalLankinMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifVernerWetstonWoo—41

NAYS

The Honourable Senators

CoolsDayFraserGreeneRichards—5

ABSTENTIONS

The Honourable Senators

BernardWallin—2

The question was then put on the motion of the Honourable Senator Lankin, P.C., 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 motion was adopted, on division.

Pursuant to the order adopted earlier this day, the Senate proceeded to 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 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 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 question being put 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 subamendment was negatived.

The question being put 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.”.

The motion in amendment was negatived, on division.

The question being put 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), 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.

ADJOURNMENT

At 5:42 p.m., pursuant to the order adopted by the Senate on February 4, 2016, the Senate adjourned until 1:30 p.m., tomorrow.

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

Report on the Statutes Repeal Act for the year 2018, pursuant to the Act, S.C. 2008, c. 20, s. 2.—Sessional Paper No. 1/42-1809.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Ngo was added to the membership (January 31, 2018).

The Honourable Senator Manning was removed from the membership of the committee, substitution pending (January 31, 2018).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Omidvar replaced the Honourable Senator Woo (January 31, 2018).

The Honourable Senator Ataullahjan was added to the membership (January 31, 2018).

The Honourable Senator Eaton was removed from the membership of the committee, substitution pending (January 31, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Maltais replaced the Honourable Senator Tkachuk (January 30, 2018).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Poirier replaced the Honourable Senator Ataullahjan (January 31, 2018).

The Honourable Senator MacDonald replaced the Honourable Senator Plett (January 30, 2018).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Frum replaced the Honourable Senator Tkachuk (January 31, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Eaton was added to the membership (January 31, 2018).

The Honourable Senator White was removed from the membership of the committee, substitution pending (January 31, 2018).

Standing Senate Committee on Official Languages

The Honourable Senator Jaffer was added to the membership (January 31, 2018).

The Honourable Senator Tardif was removed from the membership of the committee, substitution pending (January 31, 2018).

Special Senate Committee on Senate Modernization

The Honourable Senator Mockler was added to the membership (January 31, 2018).

The Honourable Senator Poirier was removed from the membership of the committee, substitution pending (January 31, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Munson replaced the Honourable Senator Day (January 31, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Manning was added to the membership (January 31, 2018).

The Honourable Senator Ngo was removed from the membership of the committee, substitution pending (January 31, 2018).