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Journals of the Senate

67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 182 (Revised)

Thursday, February 15, 2018
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFrumFureyGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMartinMarwahMassicotteMcCallumMcCoyMcPhedranMercerMitchellMocklerNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPratteRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasUngerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordy*CormierCoyleDagenaisDawsonDayDowneDoyleDuffyDupuisDyckEatonEggletonForestFrumFurey*GagnéGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMartinMarwahMassicotteMcCallumMcCoy*McIntyreMcPhedran*MégieMercerMitchellMockler*MoncionNeufeldNgoOhOmidvarPatePattersonPetitclercPlett*PoirierPratteRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasUngerWallinWellsWetstonWhiteWoo

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 Bert Brown, former senator, whose death occurred on Saturday, February 3, 2018.

The Senate observed a minute of silence in memory of the Honourable Bert Brown.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Dyck, Chair of the Standing Senate Committee on Aboriginal Peoples, presented the ninth report of the committee (Supplementary budget—study on the new relationship between Canada and First Nations, Inuit and Métis peoples—power to hire staff and to travel).

(The report is printed as an appendix at pages 3025-3032 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

o o o

The Honourable Senator Plett presented the following:

Thursday, February 15, 2018

The Committee of Selection has the honour to present its

SEVENTH REPORT

Pursuant to the order of the Senate of January 30, 2018, your committee submits herewith the list of senators nominated to serve on the Special Committee on the Charitable Sector:

Independent Senators Group

The Honourable Senators Duffy, Griffin and Omidvar.

Conservative Party of Canada

The Honourable Senators Frum, Martin and Raine.

Independent Liberals

The Honourable Senator Mercer.

Your committee further recommends that, notwithstanding the order of the Senate of January 30, 2018, the committee be composed of seven members, as nominated by the Committee of Selection, and that three members constitute a quorum.

Respectfully submitted,

DONALD NEIL PLETT

Chair

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

Government Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Interim Estimates for the fiscal year ending March 31, 2019; and

That, for the purpose of this study, the committee have the power to meet 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

With leave of the Senate,

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

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (C) for the fiscal year ending March 31, 2018; and

That, for the purpose of this study, the committee have the power to meet 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Black introduced Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.

The bill was read the first time.

The Honourable Senator Black moved, seconded by the Honourable Senator Neufeld, 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.

Question Period

The Senate proceeded to Question Period.


With leave,

The Senate reverted to Tabling of Reports from Interparliamentary Delegations.

The Honourable Senator MacDonald tabled the following:

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the Republican National Convention, held in Cleveland, Ohio, United States of America, from July 18 to 20, 2016.—Sessional Paper No. 1/42-1860.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the annual summer meeting of the National Governors Association, held in Providence, Rhode Island, United States of America, from July 13 to 15, 2017.—Sessional Paper No. 1/42-1861.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 41st annual conference of the New England governors and Eastern Canadian premiers, held in Charlottetown, Prince Edward Island, from August 27 to 29, 2017.—Sessional Paper No. 1/42-1862.

SPEAKER'S STATEMENT

Honourable senators, before calling for Orders of the Day, I would like to take this opportunity to remind senators that parliamentary practice does not allow the use of exhibits and props. On November 6, 2012, the Speaker made this point when quoting from page 612 of the second edition of House of Commons Procedure and Practice, which states that “Speakers have consistently ruled out of order displays or demonstrations of any kind used by Members to illustrate their remarks or emphasize their positions. Similarly, props of any kind, used as a way of making a silent comment on issues, have always been found unacceptable in the Chamber.” I encourage all colleagues to respect this prohibition.

Orders of the Day

Government Business

Bills – Third Reading

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

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 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 Petitclerc moved, seconded by the Honourable Senator Lankin, 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

Second reading of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Mitchell, 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.

o o o

Orders No. 4 and 5 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, notwithstanding any provisions of the Rules, usual practice or previous order, in relation to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts:

1.without affecting the progress of any proceedings relating to Bill C-45:

1.1.the Standing Senate Committee on Legal and Constitutional Affairs be authorized to study the subject matter of those elements contained in Parts 1, 2, 8, 9 and 14 of the bill;

1.2.the Standing Senate Committee on Aboriginal Peoples be authorized to study the subject matter of the bill insofar as it relates to the Indigenous peoples of Canada; and

1.3.each of the above committees submit its report to the Senate pursuant to this order no later than April 19, 2018; and

2.if Bill C-45 is read a second time, it be referred to the Standing Senate Committee on Social Affairs, Science and Technology, in which case that committee be authorized to take any reports tabled under point 1 of this order into consideration during its study of the bill.

With leave of the Senate and pursuant to rule 5-10(1), the motion, as modified, was further modified to read as follows:

That, notwithstanding any provisions of the Rules, usual practice or previous order, in relation to Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts:

1.without affecting the progress of any proceedings relating to Bill C-45:

1.1.the Standing Senate Committee on Legal and Constitutional Affairs be authorized to study the subject matter of those elements contained in Parts 1, 2, 8, 9 and 14 of the bill;

1.2.the Standing Senate Committee on Aboriginal Peoples be authorized to study the subject matter of the bill insofar as it relates to the Indigenous peoples of Canada;

1.3.the Standing Senate Committee on Foreign Affairs and International Trade be authorized to study the subject matter of the bill insofar as it relates to Canada’s international obligations;

1.4.the Standing Senate Committee on National Security and Defence be authorized to study the subject matter of the bill insofar as it related to Canada’s borders; and

1.5.each of the above committees submit its report to the Senate pursuant to this order no later than May 1, 2018; and

2.if Bill C-45 is read a second time, it be referred to the Standing Senate Committee on Social Affairs, Science and Technology, in which case that committee be authorized to take any reports tabled under point 1 of this order into consideration during its study of the bill.

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

o o o

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, February 26, 2018, at 5:00 p.m.;

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

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

With leave of the Senate and pursuant to rule 5-10(1), the motion was modified to read as follows:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, February 26, 2018, at 6 p.m.;

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

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

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

o o o

With leave of the Senate,

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

That, at 6:30 p.m. on Monday, February 26, 2018, the Senate resolve itself into a Committee of the Whole in order to receive Ms. Caroline Maynard respecting her appointment as Information Commissioner;

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

That the provisions of rule 4-16(1) be suspended until the Committee of the Whole has reported to the Senate.

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

Order No. 1 (Bill S-213) was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

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

Senate Public Bills – Reports of Committees

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

o o o

Resuming debate on the motion of the Honourable Senator Ogilvie, seconded by the Honourable Senator Patterson, for the adoption of the sixteenth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-214, An Act to amend the Food and Drugs Act (cruelty-free cosmetics), with amendments), presented in the Senate on October 5, 2017.

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

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Maltais, that the bill, as amended, 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

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Joyal, P.C., for the adoption of the twenty-second report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-234, An Act to amend the Parliament of Canada Act (Parliamentary Artist Laureate), with amendments), presented in the Senate on December 14, 2017.

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. 4 was called and postponed until the next sitting.

o o o

Consideration of the ninth report of the Standing Senate Committee on Fisheries and Oceans (Bill S-238, An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation of shark fins), with amendments), presented in the Senate on February 13, 2018.

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

After debate,

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

The Honourable Senator Gold moved, seconded by the Honourable Senator Omidvar, that the bill, as amended, 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.


Ordered : That Order No. 1, under Senate Public Bills — Third Reading, be again called.

Ordered, That debate on the order be postponed until the next sitting of the Senate.

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 to 8, 10, 15, 29, 33, 50 to 52, 64 and 66 were called and postponed until the next sitting.

o o o

Consideration of the twenty-fifth report of the Standing Committee on Internal Economy, Budgets and Administration (Senate Budget for 2018-19), presented in the Senate on February 8, 2018.

The Honourable Senator Campbell moved, seconded by the Honourable Senator Saint-Germain, that the report be adopted.

After debate,

It was ordered that the report be modified in appendix B under the heading “Main Estimates 2018-19”:

by replacing the amount 19,105,530 by the amount 19,172,530;

by replacing the amount 38,904,054 by the amount 38,837,054; and

by adjusting all subtotals and percentages accordingly.

Resuming debate on the motion of the Honourable Senator Campbell, seconded by the Honourable Senator Saint-Germain, for the adoption of the twenty-fifth report, as amended, of the Standing Committee on Internal Economy, Budgets and Administration (Senate Budget for 2018-19), presented in the Senate on February 8, 2018.

After debate,

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

o o o

Order No. 72 was called and postponed until the next sitting.

o o o

Consideration of the ninth report of the Standing Senate Committee on Aboriginal Peoples (Supplementary budget—study on the new relationship between Canada and First Nations, Inuit and Métis peoples—power to hire staff and to travel), presented in the Senate earlier today.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Bovey, that the report be adopted.

After debate,

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

o o o

Consideration of the seventh report of the Committee of Selection, entitled Nomination of senators to serve on the Special Committee on the Charitable Sector, presented in the Senate earlier today.

The Honourable Senator Plett moved, seconded by the Honourable Senator Dagenais, that the report be adopted.

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

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158 and 189 were called and postponed until the next sitting.

o o o

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.

And on the motion in amendment of the Honourable Senator Bellemare, 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”.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Dagenais, 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

Orders No. 245, 286 and 292 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 and 13, 19 and 20, 24 to 26, 28, 31 to 33 and 35 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Maltais moved, for the Honourable Senator Cormier, seconded by the Honourable Senator Stewart Olsen:

That the Standing Senate Committee on Official Languages be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than February 28, 2018, an interim report relating to its study on Modernizing the Official Languages Act: the views of young Canadians, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

o o o

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

That the Senate administration be instructed to remove the website of the Honourable Senator Beyak from any Senate server and cease to support any website for the senator until the process undertaken by the Senate Ethics Officer following a request to conduct an inquiry under the Ethics and Conflict of Interest Code for Senators in relation to the content of Senator Beyak’s website and her obligations under the Code is finally disposed of, either by the tabling of the Senate Ethics Officer’s preliminary determination letter or inquiry report, by a report of the Standing Committee on Ethics and Conflict of Interest for Senators, or by a decision of the Senate respecting the matter.

After debate,

The Honourable Senator Bovey 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

The Honourable Senator Dagenais moved, for the Honourable Senator Griffin, seconded by the Honourable Senator Plett:

That the Standing Senate Committee on Agriculture and Forestry be authorized to conduct a study on how the value-added food sector can be more competitive in global markets. More specifically, the Committee shall be authorized to examine:

(a) the comparative advantage of the Canadian value-added food sector;

(b) the food sector’s capacity to generate value-added products in order to meet global consumer demand while remaining competitive in the Canadian market;

(c) the support that should be provided to industry stakeholders in such areas as technology, marketing, environmental certification and intellectual property; and

That the committee submit its final report to the Senate no later than December 21, 2018, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

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

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 4:58 p.m., the Senate was continued until Monday, February 26, 2018, at 6 p.m.)

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

Report of the Northern Pipeline Agency for the fiscal year ended March 31, 2017, pursuant to the Northern Pipeline Act, R.S.C. 1985, c. N-26, ss. 13 and 14.—Sessional Paper No. 1/42-1855.

Summary of the Corporate Plan for 2015-19 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1856.

Summary of the Corporate Plan for 2014-18 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1857.

Summary of the Corporate Plan for 2016-20 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1858.

Summary of the Corporate Plan for 2017-21 of Ridley Terminals Inc., pursuant to the Financial Administration Act, R.S.C.1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1859.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Boniface replaced the Honourable Senator Brazeau (February 15, 2018).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Woo replaced the Honourable Senator Bovey (February 15, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Tkachuk replaced the Honourable Senator Neufeld (February 15, 2018).

The Honourable Senator Neufeld replaced the Honourable Senator Tkachuk (February 15, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Patterson replaced the Honourable Senator Eaton (February 15, 2018).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Moncion replaced the Honourable Senator Marwah (February 15, 2018).

The Honourable Senator Marshall replaced the Honourable Senator Wells (February 15, 2018).

The Honourable Senator Marwah replaced the Honourable Senator Moncion (February 14, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator McIntyre replaced the Honourable Senator MacDonald (February 15, 2018).

The Honourable Senator MacDonald replaced the Honourable Senator Martin (February 15, 2018).

The Honourable Senator Boniface replaced the Honourable Senator Pate (February 15, 2018).

Committee of Selection

The Honourable Senator Tkachuk replaced the Honourable Senator Neufeld (February 15, 2018).

The Honourable Senator Neufeld replaced the Honourable Senator Tkachuk (February 15, 2018).

Special Senate Committee on Senate Modernization

The Honourable Senator Dean replaced the Honourable Senator Marwah (February 15, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dean replaced the Honourable Senator Griffin (February 15, 2018).

The Honourable Senator Poirier replaced the Honourable Senator Mockler (February 15, 2018).

The Honourable Senator Mockler replaced the Honourable Senator Frum (February 15, 2018).

The Honourable Senator Griffin replaced the Honourable Senator Dean (February 15, 2018).

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