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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 177 (Unrevised)

Tuesday, February 6, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWetstonWhiteWoo

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

REQUEST FOR EMERGENCY DEBATE

Pursuant to rule 8-3(1), the Honourable Senator Tkatchuk requested that the Senate do now adjourn for the purpose of discussing a matter of urgent public importance, namely, recent actions by the Government of British Columbia to block the Trans Mountain pipeline expansion.

Debate.

Ordered, That the sitting be suspended to reassemble at the call of the chair, with a five minute bell.

(Accordingly, at 2:27 p.m., the sitting was suspended.)

At 3:10 p.m., the sitting resumed.

SPEAKER'S RULING

In reaching a determination on the request for an emergency debate the Speaker must make reference to the criteria in rules 8-2(1) and 8-3(2). Senators are apprised of, and recognize, the critical importance of this issue.  Although the request specifically addresses actions by the British Columbia government, actions by the federal government or a federal department could indeed be involved. It may not be perfectly clear how the request meets the specific requirement of rule 8-3(2)(b), which is that “the Senate is unlikely to have another opportunity to debate the matter within a reasonable period of time.”

However, as Speaker, the Rules give me some latitude with respect to determining what constitutes an emergency, a responsibility I take seriously. I recognize that this is a grey zone.  Of course, having a debate would not preclude an inquiry, as suggested by Senator Woo, or an invitation to the Minister to answer questions, as proposed by Senator Mercer, but, given the particular circumstances of this case, I am prepared to allow the emergency debate to proceed.

Honourable senators, the emergency debate will take place at the earlier of 8 p.m. or the end of the Orders of the Day. At that time, Senator Tkachuk will move that the Senate do now adjourn — this is the procedure that is normally used in these circumstances — and we will debate the emergency matter for up to four hours. Each senator has only 15 minutes to speak, and no motion, except that a senator be now heard, can be moved during the debate.

What happens after the emergency debate will depend on when the debate actually started and the time it concludes, but items on the Notice Paper will not be called today.

ROUTINE PROCEEDINGS

Tabling of Documents

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

Copy of the Commission appointing Assunta Di Lorenzo 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 January 23, 2018.—Sessional Paper No. 1/42-1828S.

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 ASSUNTA DI LORENZO, of Westmount, in the Province of Quebec,

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 thousand nine 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, Assunta Di Lorenzo, 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, Assunta Di Lorenzo, 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 twenty-third day of January in the year of Our Lord two thousand and eighteen and in the sixty-sixth year of Her Majesty’s Reign.

BY COMMAND,

JOHN KNUBLEY

Deputy Registrar General of Canada

Delayed Answers

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

Reply to Question No. 59, dated October 18, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Pate, respecting Indigenous People and resource development projects (reply by Public Safety Canada).—Sessional Paper No. 1/42-1829S.

Reply to Question No. 59, dated October 18, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Pate, respecting Indigenous People and resource development projects (reply by Natural Resources Canada).—Sessional Paper No. 1/42-1830S.

Reply to Question No. 67, dated November 22, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Downe, respecting the Canada Child Tax Benefit.—Sessional Paper No. 1/42-1831S.

Reply to Question No. 68, dated December 6, 2017, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Seidman, respecting the Pan-Canadian Framework on Clean Growth and Climate Change — retrofitting existing buildings.—Sessional Paper No. 1/42-1832S.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Consideration of the amendments from the House of Commons concerning Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act:

1.Clause 9, pages 5 and 6 :

a)on page 5, replace lines 11 to 26 with the following:

10.51 A company that is subject to an order made under section 10.5 may correct a defect or non-compliance by doing one of the following:

(a) repairing the vehicle or equipment, including by adding to, removing anything from or modifying the vehicle or equipment, as the circumstances require;

(b) replacing the vehicle or equipment with a reasonable equivalent;

(c) reimbursing

(i) the reasonable cost of repairs to the vehicle or equipment that have already been undertaken before a notice of defect or non-compliance has been given, or

(ii) the sale price of the vehicle or equipment, less reasonable depreciation in the case where the vehicle or equipment has been sold to the first retail purchaser, on return of the vehicle or equipment.”;

b)on pages 5 and 6, replace line 27 on page 5 to line 17 on page 6 with the following:

10.52 For greater certainty, any person, including an automobile dealer, may benefit from any measure referred to in section 10.51 and any payment of costs under subsection 10.6(1).

10.53 For greater certainty, nothing prevents a company that is subject to an order under subsection 10.1(7) or 10.4(4), section 10.5 or subsection 10.6(1) from entering into an agreement with any person, including an automobile dealer, in respect of any matter related to the order — including, in the case of a vehicle or equipment that has not been sold to the first retail purchaser, in respect of the reimbursement of reasonable costs incurred — in addition to complying with any terms and conditions specified in the order.

10.54 For greater certainty, a correction to a vehicle or equipment in accordance with section 10.51 does not affect the right of any person, including an automobile dealer, to exercise any other right or remedy available at law, including a right or remedy to recover reasonable costs incurred as a result of an order under section 10.5.”.

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

That the Senate concur in the amendments made by the House of Commons to Bill S-2, An Act to amend the Motor Vehicle Safety Act and to make a consequential amendment to another Act; and

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

After debate,

The Honourable Senator Eggleton, P.C., 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.

Bills – Reports of Committees

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.

o o o

Second reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Cools, that the bill be read the second time.

Debate.

COMMITTEE OF THE WHOLE

Pursuant to the order adopted on December 14, 2017, the Senate was resolved into a Committee of the Whole for the consideration of the subject matter of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, the Honourable Senator Eaton in the chair.

—In the Committee—

Pursuant to rule 12-32(4), the Honourable Jody Wilson-Raybould, P.C., M.P., Minister of Justice and Attorney General of Canada, the Honourable Ginette Petitpas Taylor, P.C., M.P., Minister of Health, the Honourable Ralph Goodale, P.C., M.P., Minister of Public Safety and Emergency Preparedness, Mr. Bill Blair, M.P., Parliamentary Secretary to the Minister of Justice and the Attorney General of Canada and the Minister of Health, accompanied by Mr. François Daigle, Associate Deputy Minister, Department of Justice, Mr. Simon Kennedy, Deputy Minister, Health Canada, and Mr. Vincent Rigby, Associate Deputy Minister, Public Safety, were escorted to seats in the Senate Chamber.

Debate.


The sitting of the Senate resumed.

The Chair of the Committee reported that the Committee had heard the witnesses on the subject matter of Bill C-45 and had directed her to report the same to the Senate.

Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Cools, for the second reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

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.

o o o

Order No. 5 was 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

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

Senate Public Bills – Second Reading

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

o o o

Order No. 5 (Bill S-241) was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Ordered, That debate on Order No. 6 be postponed until the next sitting of the Senate.

o o o

Order No. 7 was called and postponed until the next sitting.

Commons Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Enverga, for the second reading of Bill C-211, An Act respecting a federal framework on post-traumatic stress disorder.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Cordy, 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 to 4 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 8, 10, 15, 29, 33 and 50 to 52 were called and postponed until the next sitting.

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 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.

o o o

Orders No. 66 and 68 were called and postponed until the next sitting.

o o o

Consideration of the ninth report of the Standing Senate Committee on Agriculture and Forestry (Budget—the potential impact of the effects of climate change on the agriculture, agri-food and forestry sectors—power to hire staff and to travel), presented in the Senate on February 1, 2018.

The Honourable Senator Griffin moved, seconded by the Honourable Senator Smith, that the report be adopted.

After debate,

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

o o o

Consideration of the eighth report of the Standing Senate Committee on Fisheries and Oceans (Budget—study on Maritime Search and Rescue activities, including current challenges and opportunities—power to hire staff and to travel), presented in the Senate on February 1, 2018.

The Honourable Senator Manning moved, seconded by the Honourable Senator Smith, that the report be adopted.

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

Motions

Orders No. 31, 73, 89, 92, 139, 146 and 158 were called and postponed until the next sitting.

o o o

Order No. 174 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator McCoy:

That the Rules of the Senate be amended by:

1.replacing the period at the end of rule 12-7(16) by the following:

“; and

Human Resources

12-7. (17) the Standing Senate Committee on Human Resources, to which may be referred matters relating to human resources generally.”; and

2.updating all cross references in the Rules accordingly.

With leave of the Senate,

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

o o o

Order No. 215 was 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 Mercer moved, seconded by the Honourable Senator Cordy, 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. 286 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 Andreychuk:

That, without affecting the progress of any proceedings relating to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, at 3:30 p.m. on Wednesday, February 7, 2018, the Senate resolve itself into a Committee of the Whole to consider the subject matter of the bill;

That the committee receive the Honourable Carolyn Bennett, P.C., M.P., Minister of Crown-Indigenous Relations and Northern Affairs;

That the witness be accompanied by officials;

That the Committee of the Whole report to the Senate no later than two hours after it begins;

That television cameras and photographers be authorized in the Senate Chamber to broadcast and photograph the proceedings with the least possible disruption of the proceedings;

That the provisions of the order of February 4, 2016, respecting the time of adjournment, be suspended on Wednesday, February 7, 2018, until the Committee of the Whole has reported; and

That the provisions of rule 3-3(1) be suspended on Wednesday, February 7, 2018.

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

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

YEAS

The Honourable Senators

BellemareBlackBonifaceBoveyCordyCormierCoyleDayDowneDuffyDupuisDyckEggletonForestGagnéGalvezGoldGriffinHartlingLankinMassicotteMcCallumMcCoyMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteSaint-GermainSinclairVernerWallinWoo—37

NAYS

The Honourable Senators

AtaullahjanBattersBeyakBoisvenuCarignanChristmasCoolsDagenaisDoyleEatonHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettRaineSeidmanSmithStewart OlsenTannasTkachukUnger—31

ABSTENTIONS

The Honourable Senators

GreeneRichards—2

Inquiries

Orders No. 8, 12 and 13, and 19 were called and postponed until the next sitting.

EMERGENCY DEBATE

Pursuant to rule 8-4(1), the Senate proceeded to the consideration of a motion to adjourn the Senate for the purpose of discussing a matter of urgent public importance, namely, recent actions by the Government of British Columbia to block the Trans Mountain pipeline expansion.

Accordingly, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator MacDonald:

That the Senate do now adjourn.

After debate,

Pursuant to rule 8-4(7) the adjournment motion was deemed withdrawn.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 11:33 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)

Report of the Canadian Intellectual Property Office for the fiscal year ended March 31, 2017, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26.—Sessional Paper No. 1/42-1824.

Copies of Orders in Council P.C. 2017-1132 and P.C. 2017-1338 concerning special measures to assist producers, pursuant to the Farm Income Protection Act, S.C. 1991, c. 22, sbs. 12(7).—Sessional Paper No. 1/42-1825.

Report of the National Arts Centre, together with the Auditor General’s Report, for the fiscal year ended August 31, 2017, pursuant to the National Arts Centre Act, R.S.C. 1985, c. N-3, sbs. 17(2).—Sessional Paper No. 1/42-1826.

Summary of the Corporate Plan for 2017-18 to 2021-22 for the Federal Bridge Corporation Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1827.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Woo replaced the Honourable Senator Omidvar (February 1, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Tkachuk replaced the Honourable Senator Mockler (February 1, 2018).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Martin replaced the Honourable Senator Marshall (February 6, 2018).

The Honourable Senator Marshall replaced the Honourable Senator Poirier (February 5, 2018).

The Honourable Senator Plett replaced the Honourable Senator MacDonald (February 1, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Ngo replaced the Honourable Senator Neufeld (February 1, 2018).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Tkachuk replaced the Honourable Senator Frum (February 1, 2018).

Standing Senate Committee on National Security and Defence

The Honourable Senator Jaffer was added to the membership (February 2, 2018).

The Honourable Senator Kenny was removed from the membership of the committee, substitution pending (February 2, 2018).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Munson was removed from the membership of the committee, substitution pending (February 6, 2018).

The Honourable Senator Munson was added to the membership (February 6, 2018).

The Honourable Senator Maltais replaced the Honourable Senator Wells (February 5, 2018).

The Honourable Senator Unger replaced the Honourable Senator Frum (February 5, 2018).

The Honourable Senator Duffy replaced the Honourable Senator Woo (February 5, 2018).

The Honourable Senator Mégie replaced the Honourable Senator Sinclair (February 5, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dean replaced the Honourable Senator Griffin (February 1, 2018).