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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 196 (Unrevised)

Tuesday, April 24, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeaconDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeaconDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-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

The Senate observed a minute of silence in memory of the victims of a vehicular attack that occurred in Toronto on April 23, 2018.

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 Outlook – April 2018, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1991.

Report of the Office of the Parliamentary Budget Officer, entitled Costing Budget 2018 Measures, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1992.

Report of the Office of the Parliamentary Budget Officer, entitled The Borrowing Authority Act and measures of federal debt, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-1993.

The Spring 2018 Reports of the Commissioner of the Environment and Sustainable Development to the House of Commons, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 1/42-1994.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Manning introduced Bill S-249, An Act respecting the development of a national strategy for the prevention of domestic violence.

The bill was read the first time.

The Honourable Senator Manning moved, seconded by the Honourable Senator Plett, 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 Dawson tabled the following:

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation at the meeting of the Political Committee of the APF, held in Addis Ababa, Ethiopia, on April 10 and 11, 2017.—Sessional Paper No. 1/42-1995.

Orders of the Day

A message was brought from the House of Commons to return 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,

And to acquaint the Senate that the Commons has agreed to the amendments made by the Senate to this bill, without amendment.

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare, for the third reading of Bill C-24, An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act.

After debate,

The Honourable Senator Mercer 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.

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 Sinclair, seconded by the Honourable Senator Mitchell, for the 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.

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

Order No. 3 was 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 Bellemare moved, seconded by the Honourable Senator Cools:

That, in accordance with rule 10-11(1), the Standing Senate Committee on National Finance be authorized to examine the subject matter of all of Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, introduced in the House of Commons on March 27, 2018, in advance of the said bill coming before the Senate;

That the Standing Senate Committee on National Finance be authorized to meet for the purposes of its study of the subject matter of Bill C-74 even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto; and

That, in addition, and notwithstanding any normal practice:

1.The following committees be separately authorized to examine the subject matter of the following elements contained in Bill C-74 in advance of it coming before the Senate:

(a)the Special Senate Committee on the Arctic: those elements contained in Division 9 of Part 6;

(b)the Standing Senate Committee on Banking, Trade and Commerce: those elements contained in Divisions 2, 4, 5, 6, 7, 12, 16 and 19 of Part 6;

(c)the Standing Senate Committee on Foreign Affairs and International Trade: those elements contained in Division 8 of Part 6;

(d)the Standing Senate Committee on Legal and Constitutional Affairs: those elements contained in Divisions 15 and 20 of Part 6;

(e)the Standing Senate Committee on National Security and Defence: those elements contained in Part 4;

(f)the Standing Senate Committee on Energy, the Environment and Natural Resources: those elements contained in Part 5; and

(g)the Standing Senate Committee on Agriculture and Forestry: those elements contained in Part 5, insofar as that Part relates to farming;

2.The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-74 be authorized to meet for the purposes of their studies of those elements even though the Senate may then be sitting, with the application of rule 12-18(1) being suspended in relation thereto;

3.The various committees listed in point one that are authorized to examine the subject matter of particular elements of Bill C-74 submit their final reports to the Senate no later than May 31, 2018;

4.As the reports from the various committees authorized to examine the subject matter of particular elements of Bill C-74 are tabled in the Senate, they be placed on the Orders of the Day for consideration at the next sitting; and

5.The Standing Senate Committee on National Finance be simultaneously authorized to take any reports tabled under point four into consideration during its study of the subject matter of all of Bill C-74.

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

Inquiries

Order No. 3 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

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

o o o

Third reading of Bill S-234, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate), as amended.

The Honourable Senator Bovey moved, seconded by the Honourable Senator Harder, P.C., that the bill, as amended, be read for a third 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. 5 and 6 were called and postponed until the next sitting.

Senate Public Bills – Reports of Committees

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

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Bovey, for the second reading of Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.

Debate.

Question Period

Pursuant to the order adopted on April 19, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Jane Philpott, P.C., M.P., Minister of Indigenous Services, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Bovey, for the second reading of Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada.

After debate,

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

The bill was then read the second time.

The Honourable Senator Black (Alberta) moved, seconded by the Honourable Senator Mitchell, that the bill be referred to the Standing Senate Committee on Transport and Communications.

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

o o o

Orders No. 8 to 10 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, and 5 and 6 were called and postponed until the next sitting.

o o o

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.

After debate,

The Honourable Senator Smith moved, seconded by the Honourable Senator Martin, 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. 8, 10, 15, 50 and 51, 66 and 75 were called and postponed until the next sitting.

o o o

Ordered, That the Order of the Day for consideration of the eighth report of the Standing Senate Committee on Official Languages be discharged and the report withdrawn.

Motions

Orders No. 31, 73 and 89 were 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, for the Honourable Senator Moncion, seconded by the Honourable Senator Omidvar, 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, 189, 215, 245, 286 and 292 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Pate, 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,

In amendment, the Honourable Senator Pratte moved, seconded by the Honourable Senator Coyle:

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

1.by deleting the words “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”; and

2.by adding the following after the word “matter”:

“, the Senate administration be instructed:

(a)to remove the 103 letters of support dated March 8, 2017, to October 4, 2017, from the website of Senator Beyak (lynnbeyak.sencanada.ca) and any other website housed by a Senate server; and

(b)not to provide support, including technical support and the reimbursement of expenses, for any website of the senator that contains or links to any of the said letters of support”.

Debate.

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 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.

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

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuBrazeauCarignanDagenaisDoyleDuffyEatonFrumGreeneGriffinHarderHousakosMacDonaldManningMarshallMartinMassicotteMcInnisMcIntyreMcPhedranMitchellMocklerMunsonNeufeldPatePattersonPlettPoirierRaineRichardsSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWetstonWhite—43

NAYS

The Honourable Senators

BellemareBlack (Alberta)Black (Ontario)BonifaceBoveyCampbellChristmasCoolsCordyCormierCoyleDawsonDayDeaconDupuisDyckEggletonGagnéGalvezJoyalLovelace NicholasMégieMercerMoncionOmidvarPetitclercPratteSaint-GermainWoo—29

ABSTENTIONS

The Honourable Senators

BernardGoldLankinMaltaisMcCallumRinguette—6

Motions

The Senate resumed debate on the motion of the Honourable Senator Pate, 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.

And on the motion in amendment of the Honourable Senator Pratte, seconded by the Honourable Senator Coyle:

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

1.by deleting the words “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”; and

2.by adding the following after the word “matter”:

“, the Senate administration be instructed:

(a)to remove the 103 letters of support dated March 8, 2017, to October 4, 2017, from the website of Senator Beyak (lynnbeyak.sencanada.ca) and any other website housed by a Senate server; and

(b)not to provide support, including technical support and the reimbursement of expenses, for any website of the senator that contains or links to any of the said letters of support”.

After debate,

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

Order No. 309 was called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 and 13, and 19 and 20 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Wallin, calling the attention of the Senate to the proposal put forward by Senator Harder, titled “Sober Second Thinking”, which reviews the Senate’s performance since the appointment of independent senators, and recommends the creation of a Senate business committee.

After debate,

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

o o o

Orders No. 25 and 26, 28, 32 and 33, 36 and 40 were called and postponed until the next sitting.

MOTIONS

Order No. 321 was withdrawn pursuant to rule 5-10(2).

INQUIRIES

The Honourable Senator Cools called the attention of the Senate to the great nation-builders of Canada and its constituting statute, the British North America Act, 1867 and to this Act’s single comprehensive and conceptual framework expressed in section 91, in the words  “It shall be lawful for the Queen to make Laws for the Peace, Order and good Government of Canada”; and, to General Wolfe’s 1759 conquest of Quebec, and to the October 7, 1763 Royal Proclamation, given by Britain’s King George III, which proclamation gave the Governors of the colonies, later called Ontario and Quebec, the power to summon and call General Assemblies in such manner and form as was used in said colonies under British rule.

Debate concluded.

o o o

The Honourable Senator Cools called the attention of the Senate to the great nation-builders of Canada and its constituting statute, the British North America Act, 1867 and to this Act’s single comprehensive and conceptual framework expressed in section 91, in the words  “It shall be lawful for the Queen to make Laws for the Peace, Order and good Government of Canada;” and, to the British soldier-general Guy Carleton, later Lord Dorchester, the architect of the Quebec Act, 1774, which Act guaranteed the Roman Catholic religion, the French language and the French Napoleonic Civil Code to King George III’s French-speaking subjects in British North America.

Debate concluded.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:38 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 Association of Canada Lands Surveyors for the year ended December 31, 2017, pursuant to the Canada Land Surveyors Act, S.C. 1998, c. 14, sbs. 70(2).—Sessional Paper No. 1/42-1989.

Report on the administration of the Canada Petroleum Resources Act for the year 2017, pursuant to the Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 1/42-1990.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Martin replaced the Honourable Senator Ngo (April 24, 2018).

The Honourable Senator Ngo replaced the Honourable Senator Oh (April 23, 2018).

The Honourable Senator Oh replaced the Honourable Senator Ngo (April 20, 2018).

Special Committee on the Arctic

The Honourable Senator Galvez replaced the Honourable Senator Gold (April 24, 2018).

The Honourable Senator Gold replaced the Honourable Senator Galvez (April 23, 2018).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Christmas replaced the Honourable Senator Deacon (April 20, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Frum replaced the Honourable Senator Ngo (April 20, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Cormier replaced the Honourable Senator Hartling (April 24, 2018).

The Honourable Senator Patterson replaced the Honourable Senator Ngo (April 20, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Campbell replaced the Honourable Senator Gold (April 24, 2018).

The Honourable Senator Gold replaced the Honourable Senator Campbell (April 24, 2018).

Standing Senate Committee on National Security and Defence

The Honourable Senator Brazeau replaced the Honourable Senator Gold (April 24, 2018).

The Honourable Senator McPhedran replaced the Honourable Senator Griffin (April 24, 2018).

The Honourable Senator Gold replaced the Honourable Senator Brazeau (April 23, 2018).

The Honourable Senator Griffin replaced the Honourable Senator McPhedran (April 23, 2018).

Special Senate Committee on Senate Modernization

The Honourable Senator Deacon replaced the Honourable Senator Dean (April 24, 2018).

The Honourable Senator Stewart Olsen replaced the Honourable Senator Eaton (April 23, 2018).

The Honourable Senator Eaton replaced the Honourable Senator Stewart Olsen (April 20, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Martin replaced the Honourable Senator Doyle (April 24, 2018).

The Honourable Senator Campbell replaced the Honourable Senator Gold (April 23, 2018).

The Honourable Senator Gold replaced the Honourable Senator Campbell (April 23, 2018).