The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeacon (Ontario)DowneDoyleDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeacon (Ontario)DowneDoyleDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenUngerVernerWallinWellsWetstonWhiteWoo

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

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Galvez, Chair of the Standing Senate Committee on Energy, the Environment and Natural Resources, informed the Senate that, pursuant to the orders adopted by the Senate on March 10, 2016, and April 26, 2018, the committee deposited with the Clerk of the Senate on May 4, 2018, its fourteenth report (interim) entitled Canada’s Oil and Gas in a Low-Carbon Economy.—Sessional Paper No. 1/42-2022S.

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The Honourable Senator Campbell presented the following:

Tuesday, May 8, 2018

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

TWENTY-EIGHTH REPORT

Your committee recommends that the following funds be released for fiscal year 2018-19.

Scrutiny of Regulations (Joint)

Respectfully submitted,

The Honourable Senator Campbell moved, seconded by the Honourable Senator Hartling, 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.

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The Honourable Senator Andreychuk, Chair of the Standing Senate Committee on Foreign Affairs and International Trade, tabled the seventeenth report of the committee (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).—Sessional Paper No. 1/42-2036S.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-402, An Act to change the name of certain electoral districts, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

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A message was brought from the House of Commons with Bill C-374, An Act to amend the Historic Sites and Monuments Act (composition of the Board), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Consideration of the amendments by the House of Commons to Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts:

1.Clause 18, pages 12 and 13: replace line 36 on page 12 to line 7 on page 13 with the following:

“product, means

(a) that the product

(i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and

(ii) is the subject of an authorization issued under that Act authorizing its sale; or

(b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.”.

2.Clause 20, page 13: replace line 32 with the following:

“product unless the product and the package containing it display, in the”.

3.Clause 22, page 15: replace line 21 with the following:

“(a) respecting the information that must appear on tobacco products and to-”.

4.Clause 32, page 19: add the following after line 7:

“23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.”.

5.Clause 36, page 21:

(a)delete lines 22 to 29; and

(b)renumber the remaining provision and amend all references to it accordingly.

6.Clause 44, pages 28 and 29:

(a)on page 28, delete lines 25 to 27;

(b)on pages 28 and 29, reletter paragraphs (f.01), (f.1), (f.2) and (f.3) as paragraphs (f), (e.1), (e.2) and (e.3), respectively;

(c)on page 29, replace line 10 with the following:

“following after paragraph (e):”; and

(d)on page 29, replace line 24 with the following:

“(6) Paragraph 33(e.2) of the Act is replaced by the”.

7.Clause 52, page 36: replace lines 9 to 19 with the following:

“52 Section 42.1 of the Act is repealed.”.

8.Clause 53, page 36:

(a)replace line 21 with the following:

“before Part VI:”;

(b)replace line 25 with the following:

“that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.”; and

(c)replace line 29 with the following:

“and Drugs Act, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act.”.

9.Clause 61, page 40: replace line 15 with the following:

“or (2), section 25, 27, 30.1 or 30.2, subsection 30.3(1)”.

10.Clause 63, page 40:

(a)replace line 32 with the following:

“(2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25,”; and

(b)replace line 33 with the following:

“27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2),”.

11.Clause 68, page 42:

(a)replace line 25 with the following:

“adding “Tobacco products, except those that are manufactured or sold for export”;”; and

(b)replace line 33 with the following:

“adding “Tobacco products, except those that are manufactured or sold for export”.

(4) The schedule to the Act is amended by replacing the portion of items 1 to 13 in column 2 with the following:

”.

12.Clause 75, page 44:

(a)replace line 14 with the following:

“75 (1) Subsection 4(2) of the Canada Consumer”; and

(b)add the following after line 23:

“(2) Section 4 of the Act is amended by adding the following after subsection (3):

(4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

(3) Subsection 4(4) of the Act is repealed.”.

13.New Clause 79.1, page 47: add the following after line 14:

“79.1 If Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives royal assent, then, on the first day on which both subsection 204(1) of that Act and section 3 of this Act are in force,

(a) the definition accessory in section 2 of the Tobacco and Vaping Products Act is replaced by the following:

accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)

(b) the portion of the definition vaping product in section 2 of the Tobacco and Vaping Products Act after paragraph (d) is replaced by the following:

It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)”.

14.Clause 80, pages 47 and 48:

(a)on page 47, replace lines 26 and 27 with the following:

“38 and 40, subsections 44(2) and (5), sections 56, 62 and 63, subsections 68(1) to (3) and sections 69 and 70 come into force on the 180th”; and

(b)on page 48, add after line 12 the following:

“(8) Subsection 75(3) comes into force on a day to be fixed by order of the Governor in Council.”.

15.Schedule, page 50:

(a)replace the portion of items 1 to 9 in column 2 of Schedule 2 with the following:

“

”; and

(b)replace the portion of items 1 to 5 in column 2 of Schedule 3 with the following:

“

”.

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-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts; and

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

After debate,

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

That the Senate agree to House of Commons amendment 4, as well as House of Commons amendments 1, 2 and 3 made to its amendments 6, 7(b) and 9 to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts;

That the Senate do not insist on its amendments 1(a)(i), 1(a)(ii), 1(b), 3, 4, 5(a)(i), 5(a)(ii), 5(a)(iii), 5(b), 7(c), 8 and 10(a), to which the House of Commons has disagreed; and

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

Debate.

Question Period

Pursuant to the order adopted on May 7, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Seamus O’Regan, P.C., M.P., Minister of Veterans Affairs and Associate Minister of National Defence, entered the Senate and took part in Question Period.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Bellemare:

That the Senate agree to House of Commons amendment 4, as well as House of Commons amendments 1, 2 and 3 made to its amendments 6, 7(b) and 9 to Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts;

That the Senate do not insist on its amendments 1(a)(i), 1(a)(ii), 1(b), 3, 4, 5(a)(i), 5(a)(ii), 5(a)(iii), 5(b), 7(c), 8 and 10(a), to which the House of Commons has disagreed; and

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

After debate,

The Honourable Senator Martin moved, for the Honourable Senator Tkachuk, 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 – Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Bills – Second Reading

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

Motions

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

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

That, notwithstanding the order adopted by the Senate on February 4, 2016, the Senate continue sitting on Wednesday, May  9, 2018, until the end of Government Business;

That committees of the Senate scheduled to meet on that day be authorized to meet after 4 p.m. even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto; and

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

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.

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Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Carignan, P.C., for the third reading of Bill S-219, An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations.

After debate,

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 order was called for resuming debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Harder, P.C., for the third reading of Bill S-234, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate), as amended.

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

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Third reading of Bill S-237, An Act to amend the Criminal Code (criminal interest rate), as amended.

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Moncion, that the bill, as amended, be read for a third time.

After debate,

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Cools, 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. 7 was called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 to 10 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Reports of Committees – Other

Resuming debate on the consideration of the first report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward, deposited with the Clerk of the Senate on October 4, 2016.

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Cools, that further debate on the consideration of the report be adjourned until the next sitting.

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

o o o

Orders No. 5 to 8, 10, 15, 50 and 66 were called and postponed until the next sitting.

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Consideration of the twenty-seventh report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Parliamentary Translation Services, tabled in the Senate on March 27, 2018.

The Honourable Senator Ringuette moved, for the Honourable Senator Campbell, seconded by the Honourable Senator Cools:

That the twenty-seventh report of the Standing Committee on Internal Economy, Budgets and Administration, tabled on Tuesday, March 27, 2018, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Public Services and Procurement being identified as the minister responsible for responding to the report.

After debate,

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

Motions

Resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Enverga:

That the Senate — in order to ensure transparency in the awarding of public funds and foster efficiency in infrastructure projects in the larger context of economic diversification and movement toward a greener economy, all while avoiding undue intervention in the federal-provincial division of powers — encourage the government to make provision in the budget for the creation of the Canadian Infrastructure Oversight and Best Practices Council, made up of experts in infrastructure projects from the provinces and territories, whose principal roles would be to:

1.collect information on federally funded infrastructure projects;

2. study the costs and benefits of federally funded infrastructure projects;

3. identify procurement best practices and of risk sharing;

4. promote these best practices among governments; and

5. promote project managers skills development; and

That a message be sent to the House of Commons to acquaint that House with the above.

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. 73, 89, 146 and 158 were called and postponed until the next sitting.

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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.

The Honourable Senator Gagné moved, for the Honourable Senator Omidvar, seconded by the Honourable Senator Moncion, 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. 215, 245 and 286 were called and postponed until the next sitting.

o o o

Order No. 292 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

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Orders No. 302, 309 and 310, 325 and 328 were called and postponed until the next sitting.

Inquiries

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

o o o

Resuming debate on the inquiry of the Honourable Senator Pate, calling the attention of the Senate to the circumstances of some of the most marginalized, victimized, criminalized and institutionalized in Canada, particularly the increasing over-representation of Indigenous women in Canadian prisons.

After debate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Marshall, that further debate on the inquiry be adjourned until the next sitting.

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

o o o

Orders No. 20 and 24 to 26 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Bovey, calling the attention of the Senate to the crisis in Churchill, Manitoba.

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

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

o o o

Order No. 32 was called and postponed until the next sitting.

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Resuming debate on the inquiry of the Honourable Senator Bellemare, calling the attention of the Senate to the challenges of literacy and essential skills for the 21st century in Canada, the provinces and the territories.

After debate,

The Honourable Senator Cormier moved, seconded by the Honourable Senator Gagné, that further debate on the inquiry be adjourned until the next sitting.

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

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Orders No. 39 to 41 and 44 were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Cools called the attention of the Senate to the great nation-building authors of Canada and their constituting statute, the British North America Act, 1867, and to this Act’s single conceptual and comprehensive framework expressed in its 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 Lord Durham, the British Whig diplomat-politician, who was commissioned to British North America to examine and report on the political problems of the still British North American Provinces, and to his famous 1839 Report, The Report on the Affairs of British North America from the Earl of Durham, Her Majesty’s High Commissioner and Governor General of British North America 1839, which ground-breaking Report boldly recommended responsible government for Upper Canada, Lower Canada, and the Maritime Provinces.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the inquiry be adjourned until the next sitting.

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

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 6:37 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 Military Police Complaints Commission of Canada for the year 2017, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17.—Sessional Paper No. 1/42-2034.

Report of the Military Grievances External Review Committee for the year 2017, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2).—Sessional Paper No. 1/42-2035.

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Plett replaced the Honourable Senator McIntyre (May 8, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Eaton replaced the Honourable Senator Maltais (May 8, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Massicotte replaced the Honourable Senator Black (Alberta) (May 8, 2018).

The Honourable Senator Eaton replaced the Honourable Senator Oh (May 8, 2018).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Sinclair replaced the Honourable Senator Griffin (May 8, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Pratte (May 8, 2018).

The Honourable Senator Patterson replaced the Honourable Senator Stewart Olsen (May 8, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Griffin replaced the Honourable Senator Sinclair (May 8, 2018).