The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlackBlack (Alberta)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCormierDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DoyleDuffyDupuisDyckEatonFrumFureyGagnéGalvezGriffinHarderHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPattersonPetitclercPlettPoirierPratteRavaliaRichardsSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemare*BernardBeyakBlackBlack (Alberta)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmas*CordyCormierDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)*DowneDoyleDuffyDupuisDyckEaton*ForestFrumFureyGagnéGalvez*GoldGriffinHarder*HartlingHousakosJoyalLankinLovelace NicholasMacDonaldMaltais*ManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvar*PatePattersonPetitclercPlettPoirierPratteRavaliaRichardsSaint-GermainSeidmanSinclairSmithStewart 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:

2017-18 Annual Report of the Office of the Privacy Commissioner of Canada, on the Personal Information Protection and Electronic Documents Act and the Privacy Act entitled Trust but Verify: Rebuilding trust in the digital economy through effective, independent oversight, pursuant to the Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, s. 25 and to the Privacy Act, R.S.C. 1985, c. P-21, s. 38.—Sessional Paper No. 1/42-2461.

Report of the Office of the Parliamentary Budget Officer entitled Fiscal Sustainability Report 2018, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-2462.

Fall 2018 reports of the Commissioner of the Environment and Sustainable Development to the Parliament of Canada, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 23(5).—Sessional Paper No. 1/42-2463.

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The Honourable Senator Harder, P.C., tabled the following:

Government response to the eleventh report of the Standing Senate Committee on Aboriginal Peoples, entitled The 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, insofar as it relates to the Indigenous peoples of Canada, tabled in the Senate on May 1, 2018.—Sessional Paper No. 1/42-2464S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Aboriginal Peoples.)

Presenting or Tabling Reports from Committees

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Transport and Communications, informed the Senate that, pursuant to the orders adopted by the Senate on October 31, 2017, and June 14, 2018, the committee deposited with the Clerk of the Senate on August 21, 2018, its thirteenth report (interim) entitled The Tax Deductibility of Foreign Internet Advertising in Canada.—Sessional Paper No. 1/42-2183S.

Notices of Motions

With leave of the Senate,

The Honourable Senator Griffin moved, seconded by the Honourable Senator Deacon (Ontario):

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, October 2, 2018, at 6 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.

Orders of the Day

Government Business

Bills – Third Reading

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

Bills – Second Reading

Orders No. 1 to 11 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 12, and 16 and 17 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

Motions

With leave of the Senate,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Mercer:

That the Senate:

(a)endorse the findings of the UN Fact Finding Mission on Myanmar that crimes against humanity have been committed by the Myanmar military against the Rohingya and other ethnic minorities and that these horrific acts were sanctioned at the highest levels of the Myanmar military chain of command;

(b)recognize that these crimes against the Rohingya constitute a genocide;

(c)welcome the recent decision of the International Criminal Court that it has jurisdiction over the forced deportation of members of the Rohingya people from Myanmar to Bangladesh;

(d)call on the UN Security Council to refer the situation in Myanmar to the International Criminal Court;

(e)call for the senior officials in the Myanmar military chain of command to be investigated and prosecuted for the crime of genocide; and

That the Senate, in light of the foregoing, resolve to revoke the honorary citizenship bestowed on Aung San Suu Kyi on October 17, 2007.

After debate,

In amendment, the Honourable Senator McPhedran moved, seconded by the Honourable Senator Deacon (Nova Scotia):

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

1.in point (a), by adding the words “and the State of Myanmar” after the words “by the Myanmar military”;

2.in point (b), by adding the words “and invoke the terms of the UN Convention on the Prevention and Punishment of the Crime of Genocide to ensure that the State of Myanmar is held accountable for committing crimes against humanity and genocide” after the word “genocide”; and

3.in point (e), by adding the words “and the State civilian leadership” after the word “command”.

After debate,

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

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

Bills – Messages from the House of Commons

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

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.

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)”.

After debate,

In amendment, the Honourable Senator Tkachuk moved, seconded by the Honourable Senator Andreychuk:

That the motion in amendment moved by the Honourable Senator Tannas be amended, in paragraph (a), by replacing subclause 7(2) with the following:

“(2) On the recommendation of the Minister designated for the purpose of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, the Governor in Council may, by order, add a name to or delete a name from the schedule if the Governor in Council is of the opinion that it is in the public interest to do so.”.

Debate.

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A point of order was raised concerning the relevance of debate.

SPEAKER'S RULING

Senator Plett is actually speaking to the subamendment of Senator Tkachuk. As senators know, there is a fair amount of leeway given to senators when speaking to amendments and subamendments as they relate to the main motion. So we will give Senator Plett a little leeway and see where he goes with it.

Senate Public Bills – Third Reading

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 Tkachuk, seconded by the Honourable Senator Andreychuk:

That the motion in amendment moved by the Honourable Senator Tannas be amended, in paragraph (a), by replacing subclause 7(2) with the following:

“(2) On the recommendation of the Minister designated for the purpose of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, the Governor in Council may, by order, add a name to or delete a name from the schedule if the Governor in Council is of the opinion that it is in the public interest to do so.”.

After debate,

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

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

o o o

Orders No. 2 to 5 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 to 11 were called and postponed until the next sitting.

Question Period

Pursuant to the order adopted on September 27, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Jean-Yves Duclos, P.C., M.P., Minister of Families, Children and Social Development, entered the Senate and took part in Question Period.

Commons Public Bills – Second Reading

Orders No. 1 to 7 were called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1, 5 to 8, 50 and 96 were called and postponed until the next sitting.

Motions

Order No. 31 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 73, 89, 146, 158, 189 and 215 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Griffin, seconded by the Honourable Senator Martin:

That the Senate affirm that literacy is a core component to active citizenship, a determinant for healthy outcomes, and, at its core, key to building an innovative economy with good, sustainable jobs;

That the Senate urge the Government to take into consideration the particular regional circumstances of Atlantic Canada based on smaller populations, many of which are in rural areas, when determining whether to implement programs using project-based funding compared to core funding;

That the Senate further urge the Minister of Employment, Workforce Development and Labour to make an exception to the present terms and conditions of the Office of Literacy and Essential Skills project-based funding programs in order to request an emergency submission to the Treasury Board for $600,000 of core funding for the Atlantic Partnership for Literacy and Essential Skills based on their 2017 pre-budget consultation submission to Parliament; and

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

With leave of the Senate,

The Honourable Senator Mercer moved, seconded by the Honourable Senator Joyal, 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

Orders No. 286, 302, 310, 325, 328, 357 and 358, and 371 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12, 20, 24, 26 and 28 were 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 Bellemare moved, seconded by the Honourable Senator Joyal, 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

Orders No. 39 and 40, 42 to 44, and 46 were called and postponed until the next sitting.

INQUIRIES

The Honourable Senator Wetston called the attention of the Senate to beneficial ownership transparency.

After debate,

The Honourable Senator Woo moved, seconded by the Honourable Senator Joyal, 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

The Honourable Senator McCallum called the attention of the Senate to the importance of preserving the Independent Assessment Process (IAP) records of those Indian Residential School survivors who claimed compensation for historic physical and sexual abuse, pursuant to the 2006 Indian Residential Schools Settlement Agreement (IRSSA).

After debate,

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Pratte, 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 Harder, P.C., moved, seconded by the Honourable Senator Campbell:

That the Senate do now adjourn.

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

(Accordingly, at 5:08 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)

Actuarial Report on the Employment Insurance Premium Rate, together with the Summary, for the year 2019, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, s. 66.31(1).—Sessional Paper No. 1/42-2456.

Report on operations under the Bretton Woods and Related Agreements Act for the period from July 1, 2017, to June 30, 2018, pursuant to the Act, R.S.C. 1985, c. B-7, s. 13.—Sessional Paper No. 1/42-2457.

Report to Parliament on the Government of Canada’s Official Development Assistance, pursuant to the Official Development Assistance Accountability Act, S.C. 2008, c. 17, s. 5.—Sessional Paper No. 1/42-2458.

Report on the applications for ministerial review (miscarriages of justice) for the year 2018, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, s. 696.5.—Sessional Paper No. 1/42-2459.

Summary of the Corporate Plan for 2018-19 to 2022-23 of the National Capital Commission, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2460.

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Petitclerc (October 2, 2018).

Special Committee on the Arctic

The Honourable Senator Coyle replaced the Honourable Senator Boyer (October 2, 2018).

The Honourable Senator Pate replaced the Honourable Senator Boniface (October 2, 2018).

The Honourable Senator Boyer replaced the Honourable Senator Coyle (October 1, 2018).

The Honourable Senator Boniface replaced the Honourable Senator Pate (October 1, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Deacon (Nova Scotia) replaced the Honourable Senator Ringuette (October 2, 2018).

The Honourable Senator Ringuette replaced the Honourable Senator Verner, P.C. (September 28, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Saint-Germain replaced the Honourable Senator Cormier (September 28, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator McCoy replaced the Honourable Senator Sinclair (October 2, 2018).

The Honourable Senator Dalphond replaced the Honourable Senator Gold (October 2, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Forest replaced the Honourable Senator Miville-Dechêne (October 2, 2018).

The Honourable Senator Poirier replaced the Honourable Senator Marshall (October 1, 2018).

The Honourable Senator Oh replaced the Honourable Senator Neufeld (October 1, 2018).

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Forest (October 1, 2018).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Gold replaced the Honourable Senator Dalphond (October 2, 2018).

The Honourable Senator Dalphond replaced the Honourable Senator Gold (October 2, 2018).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Woo replaced the Honourable Senator Dean (September 28, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Cordy was added to the membership (September 27, 2018).