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67 Elizabeth II , A.D. 2018, Canada

1st Session, 42nd Parliament

Issue 260 (Unrevised)

Monday, December 10, 2018
6 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDoyleDuffyDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDoyleDuffyDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsSaint-GermainSeidmanSimonsSinclairSmithStewart 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 Reports from Interparliamentary Delegations

The Honourable Senator Ataullahjan tabled the following:

Report of the Canadian Delegation respecting its participation at the 280th session of the Executive Committee of the Inter-Parliamentary Union (IPU), the 139th IPU Assembly and related meetings, held in Geneva, Switzerland, from October 12 to 18, 2018.—Sessional Paper No. 1/42-2636.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

DEFERRED VOTES

Pursuant to the order adopted by the Senate on December 7, 2018, at the beginning of Orders of the Day, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the the Honourable Senator Housakos, to non-Government Motion No. 410 of the the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Klyne.

The question being put on the motion in amendment of the Honourable Senator Housakos, seconded by the Honourable Senator Mockler:

That the motion be not now adopted, but that it be amended by replacing point 1 with the following:

“1.reaffirm the importance of the linguistic duality, French and English, given to us by our two founding peoples as the cornerstone of our federation and an essential part of our Canadian identity;”.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanDoyleHousakosMacDonaldMaltaisMartinMcInnisNgoOhPattersonPlettSmithTannasTkachukWellsWhite—20

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBrazeauBussonCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDuffyDyckForestForest-NiesingFrancisGagnéGalvezGoldGreeneGriffinHarderHartlingJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteSimonsSinclairVernerWetstonWoo—54

ABSTENTIONS

The Honourable Senators

AtaullahjanDagenaisEatonFrumMarshallMcIntyreMocklerNeufeldPoirierRichardsStewart Olsen—11

o o o

Pursuant to the order adopted by the Senate on December 7, 2018, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Frum, to the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Munson, for the third reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, as amended.

The question being put on the motion in amendment of the Honourable Senator Frum, seconded by the Honourable Senator Housakos:

That Bill C-76, as amended, be not now read a third time, but that it be further amended in clause 223,

(a)on page 118, by adding the following after line 17:

(a.1) an individual who does not reside in Canada;”;

(b)on page 121,

(i)by replacing lines 21 to 26 with the following:

(a) if the third party is an individual,

(i) the individual is neither a Canadian citizen nor a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

(ii) the individual does not reside in Canada; or”, and

(ii)by replacing lines 37 to 39 with the following:

(c) if the third party is a group, that group does not carry out activities in Canada”; and

(c)on page 122, by deleting lines 1-4.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumGreeneHousakosMacDonaldMaltaisMarshallMartinMcInnisMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSmithStewart OlsenTannasTkachukVernerWellsWhite—32

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBrazeauBussonCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDuffyDyckForestForest-NiesingFrancisGagnéGalvezGoldHarderHartlingJoyalKlyneLaBoucane-BensonLovelace NicholasMarwahMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteSinclairWoo—47

ABSTENTIONS

The Honourable Senators

GriffinLankinMassicotteMcIntyreSimonsWetston—6

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Munson, for the third reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, as amended.

After debate,

In amendment, the Honourable Senator Boisvenu moved, seconded by the Honourable Senator Patterson:

That Bill C-76, as amended, be not now read a third time, but that it be further amended

(a)in clause 152, on page 80,

(i)by replacing line 14 with the following:

152 Section 221 of the Act is replaced”; and

(ii)by deleting lines 22 to 28;

(b)in clause 153,

(i)on page 80, by deleting lines 29 to 32, and

(ii)on page 81, by deleting lines 1 and 2; and

(c)in clause 154, on page 81, by deleting lines 3 to 6.

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumGriffinHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWells—34

NAYS

The Honourable Senators

BellemareBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDyckForestForest-NiesingFrancisGagnéGalvezGoldGreeneHarderHartlingJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaSaint-GermainSimonsSinclairWetstonWoo—51

ABSTENTIONS

The Honourable Senators

BernardWhite—2

MESSAGES FROM THE HOUSE OF COMMONS

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

Monday, December 10, 2018

ORDERED,—That a Message be sent to the Senate to acquaint Their Honours that the House respectfully disagrees with amendments 1 and 2 made by the Senate to Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act, as they are inconsistent with the Bill’s objective of codifying Supreme Court of Canada jurisprudence on a narrow aspect of the law on sexual assault and instead seek to legislate a different, much more complex legal issue, without the benefit of consistent guidance from appellate courts or a broad range of stakeholder perspectives.

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 placed on the Orders of the Day for consideration at the next sitting.

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

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Munson, for the third reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, as amended.

After debate,

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

That Bill C-76, as amended, be not now read a third time, but that it be further amended in clause 152, on page 80, by replacing line 28 with the following:

“the application, resided in Canada for a total of at least five years.”.

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBoisvenuCarignanDagenaisDoyleFrumHousakosLankinMacDonaldMaltaisManningMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWells—31

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDyckForestForest-NiesingFrancisGagnéGalvezGoldGreeneHarderHartlingJoyalKlyneLaBoucane-BensonLovelace NicholasMarwahMassicotteMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPetitclercPratteRavaliaSaint-GermainSimonsSinclairWetstonWoo—49

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Munson, for the third reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, as amended.

After debate,

In amendment, the Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Andreychuk:

That Bill C-76, as amended, be not now read a third time, but that it be further amended in clause 61, on page 35, by replacing line 12 with the following:

“the election period, a false statement about a candidate, a prospective candidate, the leader of a political party or a public figure associated with a political party, including:”.

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonForestFrumGriffinHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWellsWhite—36

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Nova Scotia)DowneDuffyDyckForest-NiesingFrancisGagnéGoldGreeneHarderHartlingJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaSaint-GermainSimonsSinclairWetstonWoo—48

ABSTENTIONS

The Honourable Senators

DeanMassicotte—2

The Senate resumed debate on the motion of the Honourable Senator Dawson, seconded by the Honourable Senator Munson, for the third reading of Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, as amended.

After debate,

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

YEAS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDaskoDawsonDeacon (Nova Scotia)DeanDowneDuffyDyckForestForest-NiesingFrancisFureyGagnéGoldGreeneGriffinHarderHartlingJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaSaint-GermainSimonsSinclairWetstonWoo—54

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDoyleEatonFrumHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWellsWhite—31

ABSTENTIONS

The Honourable Senators

DagenaisMaltaisWallin—3

Accordingly, Bill C-76, as amended, 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 with an amendment, to which it desires its concurrence.

Bills – Reports of Committees

Consideration of the fifteenth report of the Standing Senate Committee on Transport and Communications (Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, with amendments and observations), presented in the Senate on December 7, 2018.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator MacDonald, that the report be adopted.

After debate,

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

Third reading of Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations, as amended.

With leave of the Senate,

The Honourable Senator Campbell moved, seconded by the Honourable Senator Harder, P.C., that the bill, as amended, be read for a third time.

After debate,

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

The bill, as amended, was then read the 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 with certain amendments, to which it desires its concurrence.

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Greene, for the third reading of Bill C-86, A second 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 the following vote:

YEAS

The Honourable Senators

BellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDaskoDeacon (Nova Scotia)DeanDuffyForestForest-NiesingFrancisFureyGagnéGoldGreeneGriffinHarderHartlingJoyalKlyneLaBoucane-BensonLankinMarwahMassicotteMcCallumMégieMercerMitchellMiville-DechêneMoncionOmidvarPatePetitclercPratteRavaliaSaint-GermainSimonsSinclairWetstonWoo—49

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNeufeldOhPattersonPlettPoirierSeidmanSmithStewart OlsenTannasTkachukWells—30

ABSTENTION

The Honourable Senator

Wallin—1

Accordingly, Bill C-86 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 without amendment.

o o o

Third reading of Bill C-90, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that the bill be read for a third time.

After debate,

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

The bill was then read the 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, without amendment.

o o o

Resuming debate on the motion of the Honourable Senator Greene, seconded by the Honourable Senator Gold, for the third reading of Bill S-6, An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

After debate,

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

The bill 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.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 10:52 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)

Copies of Regulations Amending the Regulations Implementing the United Nations Resolutions on Mali (P.C. 2018-1250), pursuant to the United Nations Act, R.S.C. 1985, c. U-2, sbs. 4(1).—Sessional Paper No. 1/42-2631.

Report of the administration of the Firearms Act for the year 2017, pursuant to the Act, S.C. 1995, c. 39, sbs. 93(2).—Sessional Paper No. 1/42-2632.

Report on the use of electronic surveillance for the year 2017, pursuant to the Criminal Code, R.S.C. 1985, c. C-46, sbs. 195(4).—Sessional Paper No. 1/42-2633.

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/42-2634.

Debt Management Report for the fiscal year ended March 31, 2018, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 49(1).—Sessional Paper No. 1/42-2635.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Human Rights

The Honourable Senator Plett was added to the membership (December 10, 2018).

The Honourable Senator Andreychuk was removed from the membership of the committee, substitution pending (December 10, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Lankin, P.C. (December 10, 2018).

The Honourable Senator Boehm replaced the Honourable Senator Dean (December 10, 2018).

The Honourable Senator Neufeld replaced the Honourable Senator Dagenais (December 7, 2018).

The Honourable Senator Marshall replaced the Honourable Senator Oh (December 7, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Eaton was added to the membership (December 10, 2018).

The Honourable Senator Wells was removed from the membership of the committee, substitution pending (December 10, 2018).

The Honourable Senator Wells replaced the Honourable Senator Eaton (December 10, 2018).