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Journals of the Senate

67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 207 (Revised)

Tuesday, May 22, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanCordyCoyleDagenaisDawsonDayDeanDowneDoyleDuffyDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePetitclercPlettPoirierPratteRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerCampbellCarignanCordyCoyleDagenaisDawsonDayDeanDowneDoyleDuffyDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePetitclercPlettPoirierPratteRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

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 Day, Joint Chair of the Standing Joint Committee for the Scrutiny of Regulations, presented the fourth report of the committee, entitled Accessibility of Documents Incorporated by Reference in Federal Regulations — Reply to the Government Response.

(The report is printed as an appendix at pages 3370-3412 (available in print format PDF).)

The Honourable Senator Day moved, seconded by the Honourable Senator Joyal, P.C., 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.

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-377, An Act to change the name of the electoral district of Châteauguay—Lacolle, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Pratte moved, seconded by the Honourable Senator Coyle, 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 – Third Reading

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

Bills – Second Reading

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

Motions

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

Inquiries

Order No. 3 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.

o o o

Resuming debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator White, for the third reading of Bill S-214, An Act to amend the Food and Drugs Act (cruelty-free cosmetics), as amended.

After debate,

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

o o o

Third 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.

The Honourable Senator Black (Alberta) moved, seconded by the Honourable Senator Mitchell, that the bill be read for a third time.

Debate.

Question Period

Pursuant to the order adopted on May 10, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Patricia Hajdu, P.C., M.P., Minister of Employment, Workforce Development and Labour, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Senate Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Mitchell, for the third 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,

In amendment, the Honourable Senator Dyck moved, seconded by the Honourable Senator Mercer:

That Bill S-245 be not now read a third time, but that it be amended

(a)in the preamble, on page 1,

(i)by replacing line 8 with the following:

“Whereas, for greater certainty regarding jurisdic-“, and

(ii)by adding the following after line 13:

“Whereas parts of the Trans Mountain Pipeline Project traverse Aboriginal land;

Whereas there are currently legal actions by Aboriginal peoples asserting, among other things, that they have neither been properly consulted nor given their required consent in respect of those parts of the Trans Mountain Pipeline Project affecting Aboriginal land;

And whereas this declaration regarding the jurisdiction of the Parliament of Canada over the Trans Mountain Pipeline Project should not be read as abrogating or derogating from existing rights of the Aboriginal peoples of Canada;”; and

(b)on page 2,

(i)in clause 3,

(A)by replacing lines 5 and 6 with the following:

“that are carried out in accordance with the Constitution of Canada, federal legislation and the Certificate of Public Convenience and Ne-“, and

(B)by replacing line 8 with the following:

“December 1, 2016, are not unduly frustrated or delayed.”, and

(ii)by adding the following after line 11:

“Aboriginal Rights

5 For greater certainty, this Act is not to be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the Aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982, including the right to be properly consulted and to provide their free, prior and informed consent when required.”.

After debate,

The Honourable Senator McPhedran moved, for the Honourable Senator Sinclair, seconded by the Honourable Senator Bovey, that further debate on the motion in amendment be adjourned until the next sitting.

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

YEAS

The Honourable Senators

BellemareBlack (Ontario)BonifaceBoveyBoyerCordyCoyleDawsonDayDyckEggletonGagnéGalvezGoldHarderHartlingJoyalMcCallumMcPhedranMégieMercerMoncionMunsonOmidvarPatePetitclercPratteSaint-GermainWoo—29

NAYS

The Honourable Senators

AtaullahjanBattersBeyakBlack (Alberta)BoisvenuCampbellCarignanDagenaisDoyleDuffyEatonFrumGreeneGriffinHousakosMacDonaldManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMitchellMocklerNgoOhPlettPoirierSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetston—39

ABSTENTIONS

The Honourable Senators

BernardMaltaisMarwah—3

The Senate resumed debate on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Mitchell, for the third 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.

And on the motion in amendment of the Honourable Senator Dyck, seconded by the Honourable Senator Mercer:

That Bill S-245 be not now read a third time, but that it be amended

(a)in the preamble, on page 1,

(i)by replacing line 8 with the following:

“Whereas, for greater certainty regarding jurisdic-“, and

(ii)by adding the following after line 13:

“Whereas parts of the Trans Mountain Pipeline Project traverse Aboriginal land;

Whereas there are currently legal actions by Aboriginal peoples asserting, among other things, that they have neither been properly consulted nor given their required consent in respect of those parts of the Trans Mountain Pipeline Project affecting Aboriginal land;

And whereas this declaration regarding the jurisdiction of the Parliament of Canada over the Trans Mountain Pipeline Project should not be read as abrogating or derogating from existing rights of the Aboriginal peoples of Canada;”; and

(b)on page 2,

(i)in clause 3,

(A)by replacing lines 5 and 6 with the following:

“that are carried out in accordance with the Constitution of Canada, federal legislation and the Certificate of Public Convenience and Ne-“, and

(B)by replacing line 8 with the following:

“December 1, 2016, are not unduly frustrated or delayed.”, and

(ii)by adding the following after line 11:

“Aboriginal Rights

5 For greater certainty, this Act is not to be construed so as to abrogate or derogate from the protection provided for existing aboriginal or treaty rights of the Aboriginal peoples of Canada by the recognition and affirmation of these rights in section 35 of the Constitution Act, 1982, including the right to be properly consulted and to provide their free, prior and informed consent when required.”.

After debate,

The question being put on the motion in amendment, it was negatived, on division.

The question being put on the motion of the Honourable Senator Black (Alberta), seconded by the Honourable Senator Mitchell, for the third 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, it was adopted on the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceCampbellCarignanCordyDagenaisDawsonDayDowneDoyleDuffyEatonFrumGagnéGreeneGriffinHousakosMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMercerMitchellMocklerMunsonNeufeldNgoOhOmidvarPlettPoirierSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhite—54

NAYS

The Honourable Senators

BellemareBoyerCoyleDyckEggletonGalvezGoldJoyalLankinMcCallumMcPhedranPatePetitclercPratteWoo—15

ABSTENTIONS

The Honourable Senators

BoveyHarderHartlingMégieMoncionSaint-Germain—6

Accordingly, Bill S-245 was read a third time and passed.

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons in the following words:

Tuesday, May 22, 2018

ORDERED,—That a Message be sent to the Senate to acquaint Their Honours that this House respectfully disagrees with amendments 7(c) and 8 made by the Senate 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.

ATTEST

Charles Robert

The Clerk of the House of Commons

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

That the message be taken into consideration now.

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

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

That the Senate do not insist on its amendments 7(c) and 8, 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 question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

BellemareBernardBlack (Alberta)Black (Ontario)BonifaceBoveyBoyerCampbellCordyCoyleDawsonDayDowneDuffyDyckEggletonFureyGagnéGalvezGoldGreeneGriffinHarderHartlingJoyalLankinMarwahMassicotteMcCallumMcCoyMcPhedranMégieMitchellMoncionMunsonOmidvarPatePetitclercPratteSaint-GermainWetstonWoo—42

NAYS

The Honourable Senators

AtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPlettPoirierSeidmanSmithStewart OlsenTannasTkachukUngerWellsWhite—31

ABSTENTIONS

The Honourable Senators

VernerWallin—2

Senate Public Bills – Second Reading

Orders No. 1 to 8 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day, for the second reading of Bill S-248, An Act respecting National Physicians’ Day.

After debate,

The Honourable Senator Mégie moved, seconded by the Honourable Senator Bernard, 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. 10 was 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, 50, 66, and 82 and 83 were called and postponed until the next sitting.

Motions

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

o o o

Order No. 215 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 245, 286, 302, 309 and 310, 325 and 328 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 and 13, 19 and 20, 24, 26, 28, 32 and 36 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Bernard, calling the attention of the Senate to anti-black racism.

After debate,

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

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


Ordered : That Order No. 215, under Motions, be again called.

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”.

The Honourable Senator Plett moved, seconded by the Honourable Senator Smith, that further debate on the motion in amendment be adjourned until the next sitting.

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

Inquiries

Orders No. 40 to 42 and 44 were called and postponed until the next sitting.

MOTIONS

With leave of the Senate,

The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Day:

That the Standing Senate Committee on Legal and Constitutional Affairs have the power to meet on Wednesday, May 23, 2018, at 3:15 p.m., 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.

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 7 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 Canada Pension Plan, together with the Auditor General’s Report, for the fiscal year ended March 31, 2017, pursuant to the Canada Pension Plan Act, R.S.C. 1985, c. C-8, sbs. 117(2).—Sessional Paper No. 1/42-2048.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Marwah replaced the Honourable Senator Moncion (May 11, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Marshall replaced the Honourable Senator Neufeld (May 22, 2018).

The Honourable Senator Tkachuk replaced the Honourable Senator Patterson (May 22, 2018).

The Honourable Senator Marwah replaced the Honourable Senator Dupuis (May 22, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Housakos replaced the Honourable Senator Martin (May 15, 2018).

The Honourable Senator Oh replaced the Honourable Senator Eaton (May 15, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Munson replaced the Honourable Senator Jaffer (May 22, 2018).

The Honourable Senator Eaton replaced the Honourable Senator Doyle (May 15, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Greene replaced the Honourable Senator Moncion (May 22, 2018).

The Honourable Senator Manning replaced the Honourable Senator Neufeld (May 22, 2018).

The Honourable Senator Massicotte replaced the Honourable Senator Black (Ontario) (May 22, 2018).

The Honourable Senator Black (Ontario) replaced the Honourable Senator Deacon (May 22, 2018).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Woo replaced the Honourable Senator Pratte (May 11, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Maltais was added to the membership (May 22, 2018).

The Honourable Senator Martin replaced the Honourable Senator Patterson (May 22, 2018).

The Honourable Senator Manning replaced the Honourable Senator Mockler (May 15, 2018).

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