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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 219 (Unrevised)

Tuesday, June 12, 2018
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDawsonDayDeaconDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionNeufeldNgoOhOmidvarPatePattersonPlettPoirierPratteRavaliaRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDalphondDawsonDayDeaconDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncion*MunsonNeufeldNgoOhOmidvarPatePatterson*PetitclercPlettPoirierPratteRavaliaRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

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

Tabling of Documents

The Honourable the Speaker tabled the following:

Annual Report of the Commissioner of Official Languages for the year ended March 31, 2018, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th supp.), s. 66.—Sessional Paper No. 1/42-2136.

Presenting or Tabling Reports from Committees

The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the twenty-ninth report of the committee (Subject matter of Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures).—Sessional Paper No. 1/42-2137S.

The Honourable Senator Mockler moved, seconded by the Honourable Senator MacDonald, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-47, An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments), 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 Lankin, P.C., 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 Bureau Meeting and the 43rd Ordinary Session of the APF, held in Luxembourg, Luxembourg, from July 7 to 11, 2017.—Sessional Paper No. 1/42-2138.

Report of the Canadian Delegation of the Assemblée parlementaire de la Francophonie (APF) respecting its participation in the Bureau Meeting of the APF, held in Paris, France, from January 31 to February 2, 2018.—Sessional Paper No. 1/42-2139.

o o o

The Honourable Senator Bovey tabled the following:

Report of the Canadian Delegation of the Canada-United Kingdom Inter-Parliamentary Association respecting its participation in the bilateral visit to London and Belfast, United Kingdom and Dublin, Ireland, from March 5 to 9, 2018.—Sessional Paper No. 1/42-2140.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator McCallum, for the second reading of Bill C-74, An Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures.

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 Mitchell moved, seconded by the Honourable Senator Black (Alberta), that the bill be referred to the Standing Senate Committee on National Finance.

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

Bills – Third Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Sinclair, for the third reading of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, as amended.

And on the motion in amendment of the Honourable Senator Gold, seconded by the Honourable Senator Pate:

That Bill C-46, as amended, be not now read a third time, but that it be further amended in clause 15,

(a)on page 23, by replacing line 35 (as replaced by decision of the Senate on June 4, 2018) with the following:

320.27 (1) If a peace officer has reasonable grounds to”;

(b)on page 24, by adding the following after line 17:

(2) If a peace officer has in his or her possession an approved screening device, the peace officer may, in the course of the lawful exercise of powers under an Act of Parliament or an Act of a provincial legislature or arising at common law, by demand, require the person who is operating a motor vehicle to immediately provide the samples of breath that, in the peace officer’s opinion, are necessary to enable a proper analysis to be made by means of that device and to accompany the peace officer for that purpose.”; and

(c)on page 34, by replacing line 18 (as replaced by decision of the Senate on June 4, 2018) with the following:

“conducted under paragraph 320.27(1)(a); and”.

After debate,

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

YEAS

The Honourable Senators

BellemareBlack (Alberta)Black (Ontario)BonifaceBoveyCampbellChristmasCordyCormierCoyleDawsonDeaconDeanDowneDoyleDupuisGagnéGoldHarderHartlingJafferMaltaisMarwahMassicotteMcCallumMitchellMocklerMoncionOmidvarPoirierPratteRavaliaRinguetteStewart OlsenWallinWetstonWhiteWoo—38

NAYS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanCoolsDagenaisDalphondDayDuffyDyckEggletonForestFrumGalvezGreeneHousakosJoyalLovelace NicholasMacDonaldManningMarshallMartinMcInnisMcPhedranMégieMercerNeufeldNgoOhPattersonPlettSaint-GermainSeidmanSmithTannasTkachukWells—38

ABSTENTIONS

The Honourable Senators

GriffinLankinMcIntyre—3

The Senate resumed debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Sinclair, for the third reading of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, as amended.

After debate,

In amendment, the Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy:

That Bill C-46, as amended, be not now read a third time, but that it be further amended in clause 15, on page 19, by adding the following after line 6:

(4.1) A conviction for an offence committed under subsection 320.14(1) or 320.15(1) does not constitute serious criminality for the purposes of subsection 36(1) of the Immigration and Refugee Protection Act unless the person was sentenced to a term of imprisonment of more than six months in respect of that offence.

(4.2) Subsection (4.1) expires two years after the day on which it comes into force unless, before then, the Minister of Justice extends its application for up to two years.

(4.3) The Minister may, before the expiry of each extended period, extend the application of subsection (4.1) for up to two years.”.

After debate,

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

YEAS

The Honourable Senators

Black (Alberta)Black (Ontario)BoveyCoolsCordyCormierCoyleDalphondDawsonDayDeanDuffyDyckEggletonForestFrumGagnéGoldGreeneGriffinHousakosJafferJoyalLankinLovelace NicholasMarshallMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMoncionOhOmidvarPoirierPratteRavaliaRinguetteSaint-GermainSeidmanStewart OlsenTannasWetstonWoo—47

NAYS

The Honourable Senators

AndreychukBattersBellemareBeyakBoisvenuBonifaceCampbellCarignanDagenaisDeaconDoyleHarderMacDonaldMaltaisManningMartinMitchellMocklerNeufeldPattersonPlettSmithTkachukWallinWellsWhite—26

ABSTENTIONS

The Honourable Senators

DowneDupuisHartlingNgoPate—5

The Senate resumed debate on the motion of the Honourable Senator Boniface, seconded by the Honourable Senator Sinclair, for the third reading of Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, as amended.

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.

Bills – Second Reading

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

Reports of Committees – Other

Orders No. 12 and 13 and 15 to 18 were called and postponed until the next sitting.

Motions

Orders No. 1 and 193 were 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

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Gold, for the third reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as amended.

After debate,

In amendment, the Honourable Senator Tannas moved, seconded by the Honourable Senator Batters:

That Bill S-203, as amended, be not now read a third time, but that it be further amended,

(a)by adding the following after clause 6 (added by decision of the Senate on April 26, 2018):

“Exemption

7(1) Section 445.2 of the Criminal Code, section 28.1 of the Fisheries Act and section 7.1 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act do not apply to a person whose name appears in the schedule to this Act.

(2) If the Governor in Council is of the opinion that it is in the public interest, the Governor in Council may, by order, add a name to or delete a name from the schedule.

(3) In determining whether it is in the public interest to add a name to or delete a name from the schedule, the Governor in Council must take into account whether a person

(a) conducts scientific research in respect of cetaceans; or

(b) provides assistance or care to or rehabilitates cetaceans.”; and

(b)by adding the following schedule to the end of the Bill:

SCHEDULE

(Section 7)

Designated Persons

The Ocean Wise Conservation Association (Vancouver Aquarium)”.

After debate,

In amendment, the Honourable Senator Plett moved, seconded by the Honourable Senator Wells:

That the motion in amendment moved by the Honourable Senator Tannas be amended, in paragraph (b), by adding “Marineland of Canada Inc.” after “The Ocean Wise Conservation Association (Vancouver Aquarium)”.

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

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

YEAS

The Honourable Senators

BattersBeyakBoisvenuDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoPattersonPlettPoirierSeidmanSmithTannasTkachukWellsWhite—27

NAYS

The Honourable Senators

Black (Ontario)BonifaceBoveyCoolsCordyCormierCoyleDawsonDeaconDowneDupuisDyckEggletonGagnéGoldHarderHartlingJafferJoyalLankinLovelace NicholasMcCallumMcPhedranMercerMitchellMoncionOmidvarPatePratteRinguetteSaint-GermainWoo—32

ABSTENTIONS

The Honourable Senators

GriffinMégieRavalia—3

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Gold, for the third reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as amended.

And on the motion in amendment of the Honourable Senator Tannas, seconded by the Honourable Senator Batters:

That Bill S-203, as amended, be not now read a third time, but that it be further amended,

(a)by adding the following after clause 6 (added by decision of the Senate on April 26, 2018):

“Exemption

7(1) Section 445.2 of the Criminal Code, section 28.1 of the Fisheries Act and section 7.1 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act do not apply to a person whose name appears in the schedule to this Act.

(2) If the Governor in Council is of the opinion that it is in the public interest, the Governor in Council may, by order, add a name to or delete a name from the schedule.

(3) In determining whether it is in the public interest to add a name to or delete a name from the schedule, the Governor in Council must take into account whether a person

(a) conducts scientific research in respect of cetaceans; or

(b) provides assistance or care to or rehabilitates cetaceans.”; and

(b)by adding the following schedule to the end of the Bill:

SCHEDULE

(Section 7)

Designated Persons

The Ocean Wise Conservation Association (Vancouver Aquarium)”.

And on the subamendment of the Honourable Senator Plett, seconded by the Honourable Senator Wells:

That the motion in amendment moved by the Honourable Senator Tannas be amended, in paragraph (b), by adding “Marineland of Canada Inc.” after “The Ocean Wise Conservation Association (Vancouver Aquarium)”.

The Honourable Senator Wells moved, seconded by the Honourable Senator Plett:

That the Senate do now adjourn.

The question was put on the motion.

Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for sixty minutes.

Ordered, That the standing vote be not proceeded with.

The question was put on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Plett:

That the Senate do now adjourn.

The motion was adopted, on division.

(Accordingly, at 9:32 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 Public Sector Pension Investment Board, together with the Auditor General’s Report, for the fiscal year ended March 31, 2018, pursuant to the Public Sector Pension Investment Board Act, S.C. 1999, c. 34, sbs. 48(3).—Sessional Paper No. 1/42-2135.


Changes in Membership of Committees Pursuant to Rule 12-5

Special Senate Committee on the Charitable Sector

The Honourable Senator Duffy replaced the Honourable Senator Dasko (June 12, 2018).

The Honourable Senator Omidvar replaced the Honourable Senator Deacon (June 12, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Brazeau replaced the Honourable Senator Boyer (June 12, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Batters replaced the Honourable Senator Plett (June 12, 2018).

Corrigenda

(Journals of the Senate of Wednesday, May 2, 2018)

Add the names of the Honourable Senators McInnis and Verner, P.C. to the list of Members convened and to the list of Members in attendance to business.

(Journals of the Senate of Thursday, May 3, 2018)

Add the name of the Honourable Senator McInnis to the list of Members convened and to the list of Members in attendance to business.

(Journals of the Senate of Wednesday, May 30, 2018)

Remove the name of the Honourable Senator McIntyre from the list of Members convened and from the list of Members in attendance to business.

(Journals of the Senate of Wednesday, May 30, 2018)

Add the name of the Honourable Senator *McIntyre to the list of Members in attendance to business.

(Journals of the Senate of Monday, June 11, 2018)

Add the name of the Honourable Senator *Munson to the list of Members in attendance to business.