Skip to Content
Download as PDF
Text size:

68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 302 (Unrevised)

Thursday, June 13, 2019
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDoyleDuncanDupuisDyckEatonForestFrancisFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawson*DayDeacon (Nova Scotia)Deacon (Ontario)Dean*DowneDoyleDuncanDupuisDyckEatonForestFrancisFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWellsWetstonWhiteWoo

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 Office of the Public Sector Integrity Commissioner for the fiscal year ended March 31, 2019, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, sbs. 38(4).—Sessional Paper No. 1/42-3119.

Report of the Office of the Parliamentary Budget Officer, entitled Closing the Gap: carbon pricing for the Paris target, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-3120.

Presenting or Tabling Reports from Committees

The Honourable Senator Marwah, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled the forty-second report of the committee, entitled Annual Report on Parliamentary Associations’ Activities and Expenditures for 2018-19.—Sessional Paper No. 1/42-3121S.

o o o

The Honourable Senator Mockler presented the following:

Thursday, June 13, 2019

The Standing Senate Committee on National Finance has the honour to present its

FORTY-FIRST REPORT

Your committee, to which was referred Bill C-97, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2019 and other measures, has, in obedience to the order of reference of Monday, June 10, 2019, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

PERCY MOCKLER

Chair

Observations of a majority of the members of the committee

Support for Canadian Journalism

Our committee fears that the measures taken to assist news organizations will not arrive in time to save our media. Eligible publications will not be able to receive the promised funds until the end of 2020, beginning of 2021.

The witnesses heard were satisfied with the aid envelope of $595 million over five years but doubted that the funds dedicated for tax measures for taxpayers who support the press ($235 million) would really be used in five years. The program’s structure appears to be problematic.

Considering the scope of the crisis affecting written journalism and the urgency to boost the industry, notably in regions and minority communities, our committee urges the Government to consider implementing the following measures, without increasing the total envelope:

Raise the salary cap for the purpose of the payroll tax credit;

Raise the payroll tax credit percentage;

Send the industry a clear signal by committing to rectify the tax, regulatory and structural unfairness that unduly favours foreign content broadcasting platforms; and,

Ensuring fast track implementation of the program so funds are available as soon as possible.

Additionally, given that all government departments and institutions must publish public notices to keep Canadians informed on policies and regulations, and given the current precarious position of local media who play an essential role within their communities, the government should ensure that all public notices be advertised in local media and that local media advertising be automatically included in the overall government informational campaigns.

Regulatory Modernization

Having heard the dissatisfaction expressed by some witnesses, our committee was concerned about the extent of the consultations conducted by the government in connection with the regulatory modernization. Given the uncertainty of these witnesses as to the content and objectives of certain amendments proposed by the bill, as well as concerns over the possible discontinuation of the Canada Gazette, our committee urges the government to ensure, in future stakeholder consultations, that stakeholders are provided in a timely manner with the information necessary to understand the government’s regulatory changes and, as a result, are able to participate fully in the consultation process.

The Honourable Senator Boehm moved, seconded by the Honourable Senator Kutcher, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

o o o

The Honourable Senator Cormier, Chair of the Standing Senate Committee on Official Languages, informed the Senate that, pursuant to the orders adopted by the Senate on April 6, 2017, and June 11, 2019, the committee deposited with the Clerk of the Senate on June 13, 2019, its thirteenth report entitled Modernizing the Official Languages Act: Views of the Federal Institutions and Recommendations.—Sessional Paper No. 1/42-3118S.

The Honourable Senator Cormier moved, seconded by the Honourable Senator Lankin, 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.

o o o

The Honourable Senator Seidman presented the following:

Thursday, June 13, 2019

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

THIRTY-SEVENTH REPORT

Your committee, to which was referred Bill C-84, An Act to amend the Criminal Code (bestiality and animal fighting), has, in obedience to the order of reference of Thursday, May 30, 2019, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

JUDITH G. SEIDMAN

Deputy Chair

Observations

to the thirty-seventh report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill C-84)

Your committee recommends that the Minister of Justice promote cross-reporting between animal and child protection agencies. As the Canadian Centre for Child Protection noted, this will lead to better detection of the abuse of both children and animals, enabling protective intervention that might not otherwise happen as both types of abuse tend to be very difficult to uncover.

The Honourable Senator Boyer moved, seconded by the Honourable Senator Francis, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

o o o

The Honourable Senator Dyck presented the following:

Thursday, June 13, 2019

The Standing Senate Committee on Aboriginal Peoples has the honour to present its

TWENTY FIRST REPORT

Your committee, to which was referred Bill C-91, An Act respecting Indigenous languages, has, in obedience to the order of reference of May 27, 2019, examined the said bill and now reports the same with the following amendments:

1.Preamble, page 2: Add the following after line 12:

“Whereas Inuktut is the first language of Inuit Nunangat and is the first language of the majority of Inuit Nunangat residents and the Government of Canada is committed to maintaining, revitalizing and promoting Inuktut;”.

2.Clause 2, page 3: Replace lines 24 to 26 with the following:

(a) that represents the interests of an Indigenous group and its members;

(b) other than in section 45, that is specialized in Indigenous languages; or

(c) that delivers services to Indigenous people where they reside, including friendship centres and other Indigenous community-based organizations. (organisme autochtone)”.

3.New clause 3.1, page 4: Add the following after line 11:

3.1 In exercising any power, duty or function under this Act, the Minister, the Office or the Commissioner, as the case may be, must act in a manner that is consistent with the Government of Canada’s commitment to implement the United Nations Declaration on the Rights of Indigenous Peoples.”.

4. Clause 5, pages 4 and 5:

(a) On page 4, in the French version, replace line 19 with the following:

(i) évaluer la situation de diverses langues autoch-”; and

(b) on page 5,

(i)replace line 9 with the following:

(d) establish measures to ensure the provision of ad-”, and

(ii)replace lines 18 and 19 with the following:

“jurisdictions of Indigenous governing bodies;”.

5.Clause 6, page 5: Replace line 33 with the following:

“Indigenous languages, including the right to communicate in the Indigenous language of their choice and the right not to be deprived of that right to communicate.”.

6.Clause 7, page 6:

(a)Replace line 1 with the following:

7 (1) The Minister must consult with a variety of Indigenous”; and

(b)add the following after line 6:

(2) In this section, adequate and sustainable funding is determined having regard to a balancing of the following factors:

(a) the number of persons composing the Indigenous language population of an area;

(b) the particular characteristics of that population; and

(c) the objective of the reclamation, revitalization, maintenance or strengthening of all the Indigenous languages of Canada in an equitable manner.”.

7.Clause 8, page 6:

(a)Replace line 11 with the following:

“arrangements with them for purposes such as providing Indigenous language programs and services in relation to education, health and the administration of justice — to coordinate efforts to effi-”; and

(b)replace lines 16 and 17 with the following:

“tions of Indigenous governing bodies.”.

8.Clause 9, page 6: Replace lines 24 and 25 with the following:

“of Indigenous governing bodies, the Minister and an appropriate Minister may”.

9.New clauses 10.1 and 10.2, page 7: Add the following before line 7:

10.1 A federal institution or its agent or mandatary may, in accordance with the regulations, provide access to services in an Indigenous language, if the institution or its agent or mandatary has the capacity to do so and there is sufficient demand for access to those services in that language.

10.2 (1) An agreement or arrangement may be entered into under section 8 or 9 for the purpose of allowing a federal institution or its agent or mandatary to provide access to services in an Indigenous language.

(2) In the event of any inconsistency or conflict between an agreement or arrangement referred  to in subsection (1) and  the regulations made under paragraph 45(1)(a.2), the agreement or arrangement prevails to the extent of the inconsistency or conflict.”.

10.Clause 11, page 7:

(a)Replace line 9 with the following:

“into an Indigenous language;”; and

(b)replace line 12 with the following:

“federal institution’s activities; or

(c) the delivery of federal programs and services to be made using an Indigenous language in geographic areas where the number of speakers of that language warrant.”.

11.Clause 23, pages 9 and 10:

(a)On page 9, replace line 14 with the following:

23 (1) The mandate of the Office is to”; and

(b)on page 10, add the following after line 9:

(2) In fulfilling its mandate, the Office must, where appropriate, consult and coordinate with any Indigenous, provincial or territorial entity that is responsible for the promotion, revitalization or protection of Indigenous languages.”.

12.Clause 24, page 10:

(a)Replace line 26 with the following:

“that contributed to that research or study. Subject to any law, the Office”; and

(b)replace lines 34 to 36 with the following:

“use the research or study free of charge for the purpose of reclaiming, revitalizing, maintaining or strengthening Indigenous languages. Subject to any law, the”.

13.Clause 45, page 18:

(a)Add the following after line 14:

(a.2) for the purpose of section 10.1,

(i) specifying the services to which access may be provided in an Indigenous language and the region in which a federal institution or its agent or mandatary may provide access to those services in that language,

(ii) defining the expression “provide access to services”, and

(iii) defining the expressions “capacity” and “demand” and specifying the circumstances in which a federal institution or its agent or mandatary has the capacity to provide access to services in an Indigenous language and those in which demand for access to services in that language is sufficient;”; and

(b)add the following after line 19:

(2) The regulations made under paragraph (1)(a.2) may provide definitions and requirements that vary depending on

(a) the Indigenous language in question;

(b) the use and vitality of that language;

(c) the unique circumstances and needs of an Indigenous group, community or people that uses that language;

(d) the region where that language is used; and

(e) the federal institution or its agent or mandatary that may provide access to services in that language.”.

14.Clause 49.1, page 19:

(a)Replace line 32 with the following:

49.1 As soon as feasible after the third anniversary of the”; and

(b)replace line 34 with the following:

“subsequent third anniversary, a review of this Act and of”.

15.New clause 49.2, page 20: Add the following after line 2:

Review — Inuktut in Canada

49.2 (1) No later than the third anniversary after the day on which this subsection comes into force, the Minister must prepare — in consultation with Inuit organizations and Indigenous governing bodies in Canada — a report on the availability and quality of federal government services provided in Inuktut in Canada.

(2) The report must set out the Minister’s findings, conclusions and recommendations as well as provide a summary of the consultations that took place in accordance with subsection (1).

(3) The Minister must cause a copy of the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the report is completed.”.

Respectfully submitted,

LILLIAN EVA DYCK

Chair

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

o o o

The Honourable Senator Dyck presented the following:

Thursday, June 13, 2019

The Standing Senate Committee on Aboriginal Peoples has the honour to present its

TWENTY-SECOND REPORT

Your committee, to which was referred Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, has, in obedience to the order of reference of June 10, 2019, examined the said bill and now reports the same with the following amendments:

1.Preamble, page 2:

(a)Replace line 4 with the following:

“needs of Indigenous elders, parents, youth, children, per-”; and

(b)replace line 32 with the following:

“in relation to Indigenous children and young adults, including post-majority care;”.

2. Clause 1, page 3: Replace lines 12 and 13 with the following:

“children and families, which could include prevention services, early intervention services, child protection services, adoption services, reunification services and post-majority transition services.”.

3.New clause 5.1, page 4: Add the following after line 21:

5.1 If there is a conflict or inconsistency between the provisions of this Act and the provisions of Nunavut legislation relating to child and family services, and the provisions of the Nunavut legislation provide a level of services that meets or exceeds the level of services provided for by the provisions of this Act, the provisions of the Nunavut legislation prevail to the extent of the conflict or inconsistency.”.

4.Clause 8, page 4: Replace lines 27 and 28 with the following:

(a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services;”.

5.Clause 9, page 5: Replace line 20 with the following:

(c) a child’s best interests are often promoted when the”.

6.Clause 14, page 9: Add the following after line 2:

(1.1) A health care facility, health care provider or social worker must demonstrate that services that promote preventive care have been provided to support the child’s family and to serve the best interests of the child before any action can be taken to remove the child from its family.

(1.2) Within 24 hours after receiving documentation that could lead to an intervention by the service provider, a health care facility, health care provider or social worker must notify the child’s family and the service provider must not proceed with any intervention unless he or she can demonstrate that preventive care measures to prevent the removal of the child from his or her family have been explored and exhausted.”.

7.New clause 15.1, page 9: Add the following after line 15:

15.1 If an Indigenous child is at risk of being placed on the basis of or as a result of his or her socio-economic conditions, including poverty or lack of adequate housing or infrastructure, positive measures must be taken to remediate any neglect related to the socio-economic conditions of the child’s parent or care provider.”.

8.New clause 19.1, page 11: Add the following after line 2:

19.1 (1) Unless another forum is specified in an applicable Indigenous law, all proceedings under this Act are to proceed in the court that normally hears proceedings in relation to the protection and placement of children.

(2) For greater certainty, any matter that involves the application of the provisions of this Act may be heard in the court referred to in subsection (1).

(3) Nothing in this Act confers any jurisdiction on the Federal Court of Canada in respect of proceedings relating to child and family services.”.

9.New clause 30.1, page 15: Add the following after line 27:

30.1 (1) The Minister must establish an advisory committee, in consultation with Indigenous governing bodies, to advise and assist the Minister on matters concerning child and family services that relate to Indigenous children and to individuals to whom those services are provided.

(2) Within two years after the coming into force of this Act, and every year after that, the advisory committee must prepare and submit a report to the Minister on its activities and findings, the operation of this Act and any other matter that it considers relevant.

(3) The Minister must include the advisory committee’s report in his or her report on the review prepared under section 31.”.

10.Clause 31, page 15: Add the following after line 32:

(1.1) When undertaking the review, the Minister must specifically study the adequacy and methods of funding and assess whether the funding has been sufficient to support the needs of Indigenous children and their families.”.

Respectfully submitted,

LILLIAN EVA DYCK

Chair

Observations to the Twenty Second Report of the Standing Senate Committee on Aboriginal Peoples (Bill C-92)

Clause 4: Minimum Standards

During its clause-by-clause consideration of Bill C-92, concerns were expressed with respect to clause 4 of the bill, which states that:

For greater certainty, nothing in this Act affects the application of a provision of a provincial Act or regulation to the extent that the provision does not conflict with, or is not inconsistent with, the provisions of this Act.

The committee was concerned that this clause imposes a limit on provinces or territories whose existing legislation exceeds the level of services that are provided for in the bill. The example of Nunavut was of particular concern to the committee. While the departmental officials clarified that where provincial or territorial legislation relating to child and family services is seen as providing a level of services that exceeds Bill C-92’s standards this would not be considered to conflict or be inconsistent with the bill, the committee believes that this clause should be amended to make this point clear.

In addition, some Indigenous communities have expressed concern that clause 4 means that provincial or territorial legislation prevails in relation to child and family services. While the departmental officials explained that clause 4 only applies where an Indigenous community has not exercised its jurisdiction over child and family services, the committee believes that this clause should be amended to clarify this point.

Clause 20: Coordination Agreement

With respect to coordination agreements discussed in clause 20, the committee emphasizes that the following principles need to be considered in negotiating such an agreement:

(a) the agreement should fulfill the purposes and principles of this Act;

(b) fiscal arrangements referred to in (c) (below) should provide for adequate funding to cover the actual costs of

(i) child and family services, including core and operational costs and capital funding, and

(ii) the development of Indigenous laws and any supporting institutions and services required to enable the Indigenous governing body to exercise its legislative authority in relation to child and family services;

(c) any provision for funding provided under the agreement should be periodically reviewed and adjusted to account for inflation, demographic changes, changes in the needs of children and families and any unforeseen community emergencies that place higher numbers of children and families in need of child and family services; and

(d) the agreement should reflect any recommendations contained in the report referred to in clause 31(3) of Bill C-92.

First Nations Statistical Institute

During study on Bill C-92, the committee heard witness testimony regarding the importance of gathering, managing and interpreting statistics related to those covered by the provisions of this proposed statute.

It was also noted during testimony that Canada once had a First Nations Statistical Institute (FNSI). Federal funding for this institution was halved in 2012-2013 and finally eliminated in 2013-2014.

The federal government created the First Nations Statistical Institute in 2006 under the provisions of the First Nations Fiscal and Statistical Management Act. Thus, attempting to amend Bill C-92 to reinstate this institution falls outside of the latter bill’s scope.

It is however noted by the committee that the federal government should strongly consider amending the First Nations Fiscal Management Act at the first opportunity, in order to bring about the reintroduction of this important institution to aid in the efficacy of Bill C-92 by providing the necessary and proper means of managing statistics so critical to ensuring the effectiveness of the Act.

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

SPEAKER'S RULING

Honourable senators, I am ready to rule on the point of order that Senator Plett raised on June 6, 2019, concerning comments made on Twitter by another senator. Many colleagues took part in consideration of the point of order, indicating how seriously all of us take the issue of decorum and language, both in the chamber and outside it. 

This is, of course, not the first time such issues have been raised. On a number of occasions in recent weeks senators have expressed concerns about the use of unparliamentary language. As recently as May 16, I had occasion to caution all colleagues:

when you are using social media, please take your time before you send out tweets. If it is something you think will be offensive and you are not really sure whether or not it is something that is appropriate, I suggest you do not send, because it reflects poorly, not just on the people who are doing it, but on the whole chamber.

We have the enormous privilege of being members of the Upper House of the Parliament of Canada. With this enormous privilege comes enormous responsibility. Together, we all work for the good of our country. We can certainly disagree with each other. Indeed the exchange of conflicting ideas is vital to the health of our parliamentary system of government. We should, however, always approach one another with civility and respect, valuing the range of experiences and diverging views that we bring to Parliament. All of us are responsible for ensuring the proper functioning of this institution, and we must avoid undermining it, or undermining each other.

While the Speaker’s role in relation to the Ethics and Conflict of Interest Code for Senators is quite circumscribed, we should remember that our own Code requires that “[a] Senator’s conduct shall uphold the highest standards of dignity inherent to the position of Senator”. Under the Code, adopted by the Senate as a whole, senators are to “refrain from acting in a way that could reflect adversely on the position of senator or the institution of the Senate”. These principles should guide us in our behaviour, both in the Senate and outside it.

I, therefore, ask senators to focus on the substance of the issues we are addressing, and to avoid criticizing individuals or groups. By all means question and challenge policies and positions, but this should be done without undermining and attacking others who advance a particular point of view. This applies in the Senate, in committee, and outside proceedings. Historically, very few Speaker’s rulings have had to address issues of unparliamentary language. This is a testament to our long history of respectful debate. Our behaviour as parliamentarians should serve as a model to be emulated – by those who work with us, and those in our communities whom we represent.

In terms of the specific point of order, the definition in Appendix I of the Rules states that a point of order is:

A complaint or question raised by a Senator who believes that the rules, practices or procedures of the Senate have been incorrectly applied or overlooked during the proceedings, either in the chamber or in committee.

The concern raised by Senator Plett does not relate to proceedings, and so does not constitute a point of order. This is generally supported by the analysis of the ruling of May 2, 2019, dealing with a question of privilege, which noted that the Speaker’s authority is limited to our proceedings.

I do, however, thank Senator Plett for raising his concern. It has given me the opportunity to emphasize the importance of civility and respect in all our dealings, both with each other and with others, irrespective of whether they are in the context of parliamentary proceedings or not.

Government Business

Bills – Messages from the House of Commons

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

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Campbell, for the third reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, as amended.

After debate,

In amendment, the Honourable Senator Christmas moved, seconded by the Honourable Senator Griffin:

That Bill C-75, as amended, be not now read a third time, but that it be further amended:

(a)in clause 104, on page 35, by deleting lines 4 to 12;

(b)in clause 105, on page 35, by deleting lines 13 to 25;

(c)in clause 109, on page 36, by deleting lines 23 to 31; and

(d)in clause 386, on page 182,

(i)by replacing line 11 with the following:

5 This Act comes into force on the”, and

(ii)by deleting lines 18 and 19.

After debate,

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

YEAS

The Honourable Senators

AndersonAtaullahjanBattersBernardBoisvenuCarignanChristmasDoyleEatonHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMercerMocklerNgoOhOmidvarPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWellsWhite—32

NAYS

The Honourable Senators

BellemareBoehmBonifaceBoveyBoyerBussonCampbellCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DuncanDupuisDyckFrancisGagnéGoldGreeneHarderKlyneKutcherLaBoucane-BensonLankinMarwahMassicotteMcCallumMcPhedranMitchellMoncionPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairVernerWoo—40

ABSTENTIONS

The Honourable Senators

CormierForestMégieMiville-Dechêne—4

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Campbell, for the third reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, as amended.

After debate,

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

That Bill C-75, as amended, be not now read a third time, but that it be further amended on pages 110 and 111 by deleting clauses 269 and 270.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuCarignanDagenaisDoyleEatonHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMocklerNgoPattersonPlettPoirierSeidmanSmithStewart OlsenTannasTkachukWellsWhite—26

NAYS

The Honourable Senators

AndersonBellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckGagnéGoldGreeneHarderKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairVernerWoo—51

ABSTENTION

The Honourable Senator

Richards—1

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Campbell, for the third reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, as amended.

After debate,

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

That Bill C-75, as amended, be not now read a third time, but that it be further amended in clause 225, on page 79, by replacing line 27 with the following:

“been previously convicted — or discharged on the conditions prescribed in a probation order under section 730 — of an offence in the com-”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuCarignanDagenaisDoyleEatonHousakosMacDonaldManningMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWellsWhite—28

NAYS

The Honourable Senators

AndersonBellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckGagnéGoldHarderKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWoo—49

ABSTENTIONS

The Honourable Senators

Black (Alberta)Greene—2

DEFERRED VOTES

At 5:50 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Sinclair, to the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast.

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

That Bill C-48 be not now read a third time, but that it be amended,

(a)on page 2, by adding the following after line 18:

“Rights of Indigenous Peoples of Canada

3.1 For greater certainty, nothing in this Act is to be construed as abrogating or derogating from the protection provided for the rights of the Indigenous peoples of Canada by the recognition and affirmation of those rights in section 35 of the Constitution Act, 1982.

Duty of Minister

3.2 When making a decision under this Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada recognized and affirmed by section 35 of the Constitution Act, 1982.”; and

(b)on page 16, by adding the following after line 16:

“Review and Report

32 (1) At the start of the fifth year after the day on which this section comes into force, a comprehensive review of the provisions of this Act must be undertaken by the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for that purpose.

(2) The review undertaken under this section must take into account any report of a regional assessment conducted under section 33.

(3) The committee referred to in subsection (1) must, within one year after the review is undertaken under that subsection, submit a report to the House or Houses of Parliament of which it is a committee.

Regional Assessment

33 (1) Subsections (2) to (7) apply if Bill C-69, introduced in the 1st session of the 42nd Parliament and entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, receives royal assent.

(2) The Minister of the Environment must, no later than 180 days after the day on which both this section and section 93 of the Impact Assessment Act are in force, establish a committee to conduct a regional assessment in relation to activities to which this Act relates.

(3) Before establishing the committee, the Minister of the Environment must offer to the governments of British Columbia, Alberta and Saskatchewan and to any Indigenous governing body within the meaning of section 2 of the Impact Assessment Act that acts on behalf of an Indigenous group, community or people that owns or occupies lands that are located on the part of the coast of British Columbia that is referred to in subsection 4(1) of this Act to enter into an agreement or arrangement respecting the joint establishment of a committee to conduct the assessment and the manner in which the assessment is to be conducted.

(4) If an agreement or arrangement referred to in subsection (3) is entered into, the Minister of the Environment must establish — or approve — the committee’s terms of reference and appoint as a member of the committee one or more persons, or approve their appointment.

(5) The committee must submit to the Minister of the Environment a report of the assessment no later than four years after the day on which this section comes into force.

(6) The Minister of the Environment must have the report referred to in subsection (5) laid before each House of Parliament on any of the first 30 days on which that House is sitting after the Minister of the Environment receives it.

(7) The Impact Assessment Act applies to the regional assessment conducted by the committee established under subsection (2) as if that committee were established under section 93 of that Act, with any modifications that may be necessary in the circumstances.”.

The motion in amendment was adopted on the following vote:

YEAS

The Honourable Senators

AndersonBellemareBernardBlack (Ontario)BoehmBonifaceBoveyBoyerBussonCampbellChristmasCormierCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckGagnéGalvezGoldGriffinHarderKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWoo—51

NAYS

The Honourable Senators

AtaullahjanBattersBlack (Alberta)BoisvenuCarignanDagenaisDoyleEatonGreeneHousakosMacDonaldManningMartinMcInnisMocklerNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukVernerWellsWhite—29

ABSTENTIONS

The Honourable Senators

Nil

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, as amended.

Debate.


Pursuant to rule 3-3(1), the Speaker left the Chair to resume the same at 8 p.m.

The sitting resumed.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, as amended.

After debate,

In amendment, the Honourable Senator Patterson moved, seconded by the Honourable Senator Stewart Olsen:

That Bill C-48, as amended, be not now read a third time, but that it be further amended in clause 4, on page 2, by adding the following after line 25:

(1.1) The Minister may make regulations to revise the northern limits of the area described in subsection (1) if it is necessary to do so in order to ensure that the Nisga’a Nation has control over maritime access to the lands referred to in section 8 of the Nisga’a Final Agreement Act.”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBlack (Ontario)BoisvenuBussonCarignanDagenaisDeacon (Nova Scotia)DoyleEatonGriffinHousakosKlyneLaBoucane-BensonMacDonaldManningMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierSeidmanSimonsSmithStewart OlsenTannasTkachukWellsWhite—33

NAYS

The Honourable Senators

AndersonBellemareBoehmBonifaceBoveyCampbellCordyCormierCoyleDalphondDawsonDeacon (Ontario)DeanDuncanDupuisDyckGagnéGalvezGoldHarderKutcherLankinLovelace NicholasMarwahMcCallumMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairWoo—39

ABSTENTIONS

The Honourable Senators

Miville-DechêneVerner—2

The Senate resumed debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, as amended.

Debate.


A point of order was raised with respect to unparliamentary language.

SPEAKER'S RULING

Honourable senators, earlier today, in the ruling on a point of order raised by Senator Plett, I made mention of the fact that we should try to be careful with the words that we use. Inflammatory words do not really help advance the debate. Obviously, if senators want to disagree and express their displeasure on issues and on legislation, that is appropriate, since this is a debating chamber. But I would ask senators to please be cautious about the use of inflammatory language.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, as amended.

After debate,

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

That Bill C-48, as amended, be not now read a third time, but that it be further amended on page 16 by adding the following after line 16:

32 (1) This Act comes into force on a day to be fixed by order of the Governor in Council.

(2) An order made under subsection (1) may not be made before December 31, 2020.

(3) If no order is made under subsection (1) that fixes a day for this Act to come into force that is before January 31, 2021, this Act is deemed never to have come into force and is repealed.”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuCarignanDagenaisDoyleEatonHousakosMacDonaldMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierSeidmanSmithStewart OlsenTannasTkachukVernerWellsWhite—26

NAYS

The Honourable Senators

AndersonBellemareBlack (Ontario)BoehmBonifaceBoveyBussonCampbellCordyCormierCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckGagnéGalvezGoldGriffinHarderKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMcCallumMcPhedranMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSimonsSinclairWoo—47

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Woo, seconded by the Honourable Senator Gold, for the third reading of Bill C-48, An Act respecting the regulation of vessels that transport crude oil or persistent oil to or from ports or marine installations located along British Columbia’s north coast, as amended.

After debate,

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

YEAS

The Honourable Senators

AndersonBellemareBoehmBonifaceBoveyBussonCampbellCordyCormierCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisDyckGagnéGalvezGoldGriffinHarderKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMcCallumMcPhedranMégieMercerMitchellMiville-DechêneMoncionMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairWoo—45

NAYS

The Honourable Senators

AtaullahjanBattersBlack (Ontario)BoisvenuCarignanDagenaisDoyleEatonGreeneHousakosMacDonaldManningMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierSeidmanSimonsSmithStewart OlsenTannasTkachukWellsWhite—29

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-48, 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.

o o o

The Senate resumed debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Campbell, for the third reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts, as amended.

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

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.

MESSAGES FROM THE HOUSE OF COMMONS

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

Thursday, June 13, 2019

ORDERED,—That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, the House:

agrees with amendments 1(b)(i), 1(c)(vi), 1(g)(iv), 1(g)(v), 1(h)(iii), 1(h)(iv), 1(i)(i), 1(i)(iii), 1(k)(x), 1(o)(iv), 1(p)(ii), 1(q)(i), 1(q)(ii), 1(r)(i), 1(t)(i), 1(t)(ii), 1(t)(iii), 1(u)(i), 1(u)(ii), 1(v)(i), 1(v)(iii), 1(w)(i), 1(w)(ii), 1(w)(iii), 1(y)(iii), 1(y)(iv), 1(ab)(iv), 1(ac)(i), 1(ad), 1(ae), 1(af)(i), 1(af)(iii), 1(ai)(i), 1(aj)(ii), 1(ak)(ii), 1(ak)(iii), 1(al), 1(an)(ii), 1(aq), 1(ar), 1(as), 1(at)(i), 1(at)(ii), 1(au)(i), 1(au)(ii), 1(aw)(i), 1(aw)(ii), 1(ax), 1(ay)(i), 1(bb), 1(bc), 6(l), 6(o)(i), 6(p)(i), 6(p)(ii), 6(q), 6(r), 10, 11(a), 11(d)(i), 11(e)(ii) and 16 made by the Senate;

respectfully disagrees with amendments 1(a)(i),1(a)(ii), 1(a)(iii), 1(a)(iv), 1(b)(ii), 1(c)(i), 1(c)(ii), 1(c)(iii), 1(c)(v), 1(d)(i), 1(d)(ii), 1(d)(iii), 1(e)(i), 1(e)(ii), 1(g)(i), 1(g)(iii), 1(h)(i), 1(h)(ii), 1(h)(v), 1(i)(ii), 1(j)(i), 1(j)(ii), 1(j)(iii), 1(k)(i), 1(k)(ii), 1(k)(iii), 1(k)(iv), 1(k)(v), 1(k)(vi), 1(k)(vii), 1(k)(viii), 1(l)(iii), 1(l)(iv), 1(m)(i), 1(m)(ii), 1(m)(iii), 1(m)(iv), 1(m)(v), 1(m)(vi), 1(n)(i), 1(n)(ii), 1(n)(iii), 1(n)(iv), 1(n)(v), 1(o)(i), 1(o)(ii), 1(o)(iii), 1(p)(i), 1(p)(iii), 1(r)(ii), 1(s)(i), 1(s)(ii), 1(v)(ii), 1(x), 1(y)(ii), 1(z)(i), 1(z)(ii), 1(z)(iii), 1(aa)(i), 1(aa)(ii), 1(ac)(ii), 1(ac)(iii), 1(ac)(iv), 1(ag)(ii), 1(ag)(iii), 1(ag)(iv), 1(ag)(vi), 1(ag)(vii), 1(ag)(viii), 1(ah)(i), 1(ah)(ii), 1(ah)(iii), 1(ah)(iv), 1(ah)(v), 1(ai)(ii), 1(aj)(i), 1(aj)(iii), 1(ak)(i), 1(am), 1(an)(i), 1(an)(iv), 1(av)(i), 1(av)(ii), 1(ay)(ii), 1(ay)(iii), 1(az)(i), 1(az)(ii), 1(ba), 6(a), 6(b), 6(c), 6(d)(i), 6(d)(ii), 6(e), 6(f), 6(g)(i), 6(g)(ii), 6(g)(iii), 6(h)(i), 6(h)(ii), 6(h)(iii), 6(i)(i), 6(i)(ii), 6(i)(iii), 6(i)(iv), 6(j)(i), 6(j)(ii), 6(k), 6(m)(i), 6(n), 6(o)(ii), 6(s), 7, 8, 9, 11(b), 11(c)(i), 11(c)(ii), 11(d)(ii), 11(e)(i), 12(a), 12(b), 13, 14(a), 14(b), 15(a), 15(b), 17(a), 17(b) and 17(c) made by the Senate;

proposes that amendment 1(c)(iv) be amended by replacing the text of the amendment with the following:

“(b.1) to establish a fair, predictable and efficient process for conducting impact assessments that enhances Canada’s competitiveness, encourages innovation in the carrying out of designated projects and creates opportunities for sustainable economic development;”;

proposes that amendment 1(f) be amended by deleting subsections (4.1) and (4.2);

proposes that amendment 1(g)(ii) be amended by deleting the amendments to subsection 9(1) and deleting subsection 9(1.1);

proposes that amendment 1(k)(ix) be amended by replacing the text of the amendment with the following:

“sessment of the project that sets out the information or studies that the Agency requires from the proponent and considers necessary for the conduct of the impact assessment; and”;

proposes that amendment 1(k)(xi) be amended by replacing the text of the amendment with the following:

“(1.1) The Agency must take into account the factors set out in subsection 22(1) in determining what information or which studies it considers necessary for the conduct of the impact assessment.

(1.2) The scope of the factors referred to in paragraphs 22(1)(a) to (f), (h) to (l) and (s) and (t) that are to be taken into account under subsection (1.1) and set out in the tailored guidelines referred to in paragraph (1)(b), including the extent of their relevance to the impact assessment, is determined by the Agency.”;

proposes that amendment 1(l)(i) be amended by replacing the text of the amendment with the following:

“(3) The Agency may, on request of any jurisdiction referred to in paragraphs (c) to (g) of the definition jurisdiction in section 2, extend the time limit referred to in subsection (1) by any period up to a maximum of 90 days, to allow it to cooperate with that jurisdiction with respect to the Agency’s obligations under subsection (1).

(4) The Agency must post a notice of any extension granted under subsection (3), including the reasons for granting it, on the Internet site.

(5) The Agency may suspend the time limit within which it must provide the notice of the com-”;

proposes that amendment 1(l)(ii) be amended by renumbering subsection (7) as subsection (6);

proposes that amendment 1(o)(v) be amended by replacing the text of the amendment with the following:

“(2) The Agency’s determination of the scope of the factors made under subsection 18(1.2) applies when those factors are taken into account under subsection (1).”;

proposes that, as a consequence of Senate amendment 1(q)(ii), the following amendment be added:

“1. Clause 1, page 24: Delete lines 8 and 9”;

proposes that amendment 1(r)(iii) be amended to read as follows:

“(iii) replace lines 20 to 26 with the following:

(8) The Agency must post on the Internet site a notice of the time limit established under subsection (5) and of any extension granted under this section, including the reasons for establishing that time limit or for granting that extension.

(9) The Agency may suspend the time limit within which it must submit the report until any activi-”;

proposes that amendment 1(r)(iv) be amended by deleting section 28.1;

proposes that amendment 1(y)(i) be amended by replacing the text of the amendment with the following:

“of reference and the Agency must, within the same period, appoint as a member one or more persons who are unbiased and free from any conflict of in-”;

proposes that amendment 1(z)(iv) be amended by replacing the text of the amendment with the following:

“net site — establish the panel’s terms of reference in consultation with the President of the Canadian Nuclear Safety Commission and the Agency must, within the same period, ap-”;

proposes that amendment 1(z)(v) be amended by replacing the text of the amendment with the following:

“President of the Canadian Nuclear Safety Commission.

(4) The persons appointed from the roster must not”;

proposes that amendment 1(aa)(iii) be amended by replacing the text of the amendment with the following:

“net site — establish the panel’s terms of reference in consultation with the Lead Commissioner of the Canadian Energy Regulator and the Agency must, within the same period, ap-”;

proposes that amendment 1(aa)(iv) be amended by replacing the text of the amendment with the following:

“Lead Commissioner of the Canadian Energy Regulator.

(4) The persons appointed from the roster must not”;

proposes that amendment 1(ab)(i) be amended by replacing the text of the amendment with the following:

“referred to in section 14.

50 (1) The Minister must establish the following rosters:”;

proposes that amendment 1(ab)(ii) be amended by replacing the text of the amendment with the following:

“(2) In establishing a roster under paragraph (1)(b), the Minister must consult with the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act.

(3) In establishing a roster under paragraph (1)(c), the Minister must consult with the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.”;

proposes that amendment 1(ab)(iii) be amended to read as follows:

“(iii) replace lines 30 and 31 with the following:

opportunity to participate meaningfully, in the manner that the review panel considers appropriate and within the time period that it specifies, in the im-”;

proposes that amendment 1(af)(ii) be amended to read as follows:

“(ii) replace lines 20 to 23 with the following:

(a) determine whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public inter-”;

proposes that, as a consequence of the amendment to amendment 1(af)(ii), the following amendment be added:

“1. Clause 1, page 41: Replace lines 25 to 27 with the following:

(b) refer to the Governor in Council the matter of whether the effects referred to in paragraph (a) are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;

proposes that amendment 1(af)(iv) be amended by replacing the text of the amendment with the following:

“the Minister under section 59, the Minister, in consultation with the responsible Minister, if any, must refer to”;

proposes that amendment 1(af)(v) be amended to read as follows:

“(v) replace lines 36 to 39 with the following:

whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;

proposes that amendment 1(af)(vi) be amended by replacing the text of the amendment with the following:

“(1.1) For the purpose of subsection (1), responsible Minister means the following Minister:

(a) in the case of a report prepared by a review panel established under subsection 44(1), the Minister of Natural Resources or the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Nuclear Safety and Control Act;

(b) in the case of a report prepared by a review panel established under subsection 47(1), the member of the Queen’s Privy Council for Canada that the Governor in Council designates as the Minister for the purposes of the Canadian Energy Regulator Act.

(2) If the report relates to a designated project that includes activities that are regulated under the Canadian Energy Regulator Act, the responsible Minister must, at the same time as the referral described in subsection (1) in respect of that report is made,

(a) submit the report to the Governor in Council for the purposes of subsection 186(1) of that Act; or

(b) submit the decision made for the purposes of subsection 262(4) of that Act to the Governor in Council if it is decided that the certificate referred to in that subsection should be issued.”;

proposes that amendment 1(ag)(i) be amended to read as follows:

“(i) replace lines 6 to 9 with the following:

whether the adverse effects within federal jurisdiction — and the adverse direct or incidental effects — that are indicated in the report are, in light of the factors referred to in section 63 and the extent to which those effects are significant, in the public interest.”;

proposes that amendment 1(ag)(v) be amended to read as follows:

“(v) replace lines 19 to 22 with the following:

(b) the extent to which the adverse effects within federal jurisdiction and the adverse direct or incidental effects that are indicated in the impact assessment report in respect of the designated project are significant;”;

proposes that amendment 1(an)(iii) be amended by renumbering subsection 94(1) as section 94;

proposes that amendment 1(ao)(i) be amended by replacing the text of the amendment with the following:

“95 (1) The Minister may establish a committee – or autho-”;

proposes that amendment 1(ao)(ii) be amended by replacing the text of the amendment with the following:

“(2) The Minister may deem any assessment that provides guidance on how Canada’s commitments in respect of climate change should be considered in impact assessments and that is prepared by a federal authority and commenced before the day on which this Act comes into force to be an assessment conducted under this section.”;

proposes that amendment 1(ao)(iii) be amended by replacing the text of the amendment with the following:

“may be, must take into account any scientific information and Indigenous knowledge — including the knowledge of Indigenous women — provided with respect to the assessment.”;

proposes that amendment 1(ap) be amended by replacing the text of the amendment with the following:

“meaningfully, in a manner that the Agency or committee, as the case may be, considers appropriate, in any assess-”;

proposes that amendment 1(at)(iii) be amended by replacing the text of the amendment with the following:

“(a.2) designating, for the purposes of section 112.1, a physical activity or class of physical activities from among those specified by the Governor in Council under paragraph 109(b), establishing the conditions that must be met for the purposes of the designation and setting out the information that a person or entity — federal authority, government or body — that is referred to in subsection (3) must provide the Agency in respect of the physical activity that they propose to carry out;

(a.3) respecting the procedures and requirements relating to assessments referred to in section 92, 93 or 95;”;

proposes that amendment 2 be amended by replacing the text of the amendment with the following:

“site — establish the panel’s terms of reference in consultation with the Chairperson of the Canada-Nova Scotia Offshore Petroleum Board and the Agency must, within the same period, ap-”;

proposes that amendment 3(a) be amended by replacing the text of the amendment with the following:

“tablish the panel’s terms of reference in consultation with the Chairperson of the Canada–Newfoundland and Labrador Offshore Petroleum Board and the Agency must, within the same period, appoint the”;

proposes that amendment 3(b) be amended by deleting subsection (3.1);

proposes that, as a consequence of the amendment to amendment 3(b), the following amendment be added:

“1. Clause 6, page 94: Replace lines 32 and 33 with the following:

Petroleum Board.”;

proposes that amendment 4(a) be amended to read as follows:

“(a) On page 95, replace lines 33 to 36 with the following:

(b.1) a roster consisting of persons who may be appointed as members of a review panel established under subsection 46.1(1) and

(i) who are members of the Canada-Nova Scotia Offshore Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or

(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;

proposes that amendment 4(b) be amended to read as follows:

“(b) On page 96, replace lines 3 to 7 with the following:

(d) a roster consisting of persons who may be appointed as members of a review panel established under subsection 48.1(1) and

(i) who are members of the Canada–Newfoundland and Labrador Petroleum Board and who are selected by the Minister after consultation with the Minister of Natural Resources, or

(ii) who are selected by the Minister after consultation with the Board and the Minister of Natural Resources;”;

proposes that amendment 5 be amended by replacing the text of the amendment with the following:

“8.1 (1) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (a):

(a.1) in the case of a report prepared by a review panel established under subsection 46.1(1), the Minister of Natural Resources;

(2) Subsection 61(1.1) of the Act is amended by adding the following after paragraph (b):

(c) in the case of a report prepared by a review panel established under subsection 48.1(1), the Minister of Natural Resources.”;

proposes that, as a consequence of Senate amendment 6(l), the following amendment be added:

“1. Clause 10, page 208: Replace line 39 with the following:

section 37.1 of that Act;”;

proposes that amendment 6(m)(ii) be amended by replacing the text of the amendment with the following:

“within 90 days after the day on which the report under section 183 is submitted or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act. The Governor in Council may,”;

proposes that, as a consequence of the amendment to amendment 6(m)(ii), the following amendment be added:

“1. Clause 10, page 208: Replace line 7 with the following:

ter the day on which the Commission makes that recommendation or, in the case of a designated project, as defined in section 2 of the Impact Assessment Act, 90 days after the day on which the recommendations referred to in paragraph 37.1(1)(b) of that Act are posted on the Internet site referred to in section 105 of that Act, either approve”;

proposes that, as a consequence of Senate amendment 1(bb), the following amendment be added:

“1. New clause 36.1, page 281: Add the following after line 24:

36.1 For greater certainty, section 182.1 of the Impact Assessment Act applies in relation to a pending application referred to in section 36.”.

 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

Orders No. 3 and 4 were called and postponed until the next sitting.

Bills – Reports of Committees

Consideration of the twenty-first report of the Standing Senate Committee on Aboriginal Peoples (Bill C-91, An Act respecting Indigenous languages, with amendments), presented in the Senate on June 13, 2019.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas, that the report be adopted.

After debate,

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

With leave of the Senate,

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

After debate,

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

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.

o o o

Consideration of the twenty-second report of the Standing Senate Committee on Aboriginal Peoples (Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, with amendments and observations), presented in the Senate on June 13, 2019.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Mercer, that the report be adopted.

After debate,

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

With leave of the Senate,

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Simons, that the bill, as amended, be read for a third time.

Debate.

ADJOURNMENT

At midnight, pursuant to rule 3-4, the Speaker declared the Senate adjourned until later this day at 9 a.m.

DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)

Thirteenth report of the Standing Senate Committee on Official Languages, entitled Modernizing the Official Languages Act: Views of the Federal Institutions and Recommendations, deposited with the Clerk of the Senate on June 13, 2019, pursuant to the orders adopted by the Senate on April 6, 2017 and June 11, 2019.—Sessional Paper No. 1/42-3118S.

Report on the Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship, pursuant to the An Act to amend the Indian Act, S.C. 2017, c. 25, sbs. 11(3).—Sessional Paper No. 1/42-3114.

Copy of Order in Council P.C. 2019-522 dated May 19, 2019, concerning the United States Surtax Order (Steel and Aluminum), pursuant to the Customs Tariff, S.C. 1997, c. 36, sbs. 53(4).—Sessional Paper No. 1/42-3115.

Copy of Order in Council P.C. 2019-523 dated May 19, 2019, concerning the United States Surtax Order (Other Goods), pursuant to the Customs Tariff, S.C. 1997, c. 36, sbs. 53(4).—Sessional Paper No. 1/42-3116.

Report of the Canada Pension Plan Investment Board, together with the Auditors’ Report, for the fiscal year ended March 31, 2019, pursuant to the Canada Pension Plan Investment Board Act, S.C. 1997, c. 40, sbs. 51(2).—Sessional Paper No. 1/42-3117.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator McPhedran replaced the Honourable Senator Sinclair (June 13, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Brazeau replaced the Honourable Senator Kutcher (June 13, 2019).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Frum replaced the Honourable Senator Wells (June 13, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Pratte replaced the Honourable Senator Forest (June 13, 2019).

The Honourable Senator Dean replaced the Honourable Senator Dasko (June 13, 2019).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Martin (June 13, 2019).

The Honourable Senator Klyne replaced the Honourable Senator Moncion (June 13, 2019).

The Honourable Senator Pratte replaced the Honourable Senator Busson (June 13, 2019).

The Honourable Senator Omidvar replaced the Honourable Senator Forest-Niesing (June 13, 2019).

The Honourable Senator Forest-Niesing replaced the Honourable Senator Omidvar (June 13, 2019).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Poirier replaced the Honourable Senator Smith (June 13, 2019).

The Honourable Senator Omidvar replaced the Honourable Senator Moncion (June 13, 2019).