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68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 306 (Unrevised)

Wednesday, June 19, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWhiteWoo

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

Tributes

Tribute was paid to the Honourable Senator Demers, who will retire from the Senate on August 25, 2019.

ROUTINE PROCEEDINGS

Tabling of Documents

With leave of the Senate,

The Honourable the Speaker tabled the following:

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Argentina, Chile and Peru from August 28 to September 7, 2018.—Sessional Paper No. 1/42-3143S.

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Malaysia from March 10 to 13, 2019.—Sessional Paper No. 1/42-3144S.

Presenting or Tabling Reports from Committees

The Honourable Senator Black (Alberta), Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the thirty-second report of the committee, entitled Open Banking: What it Means for You.—Sessional Paper No. 1/42-3145S.

The Honourable Senator Black (Alberta) moved, seconded by the Honourable Senator Mitchell, 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 Galvez presented the following:

Wednesday, June 19, 2019

The Standing Senate Committee on Energy, the Environment and Natural Resources has the honour to present its

TWENTY-FIRST REPORT

Your committee, to which was referred Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts, has, in obedience to the order of reference of Monday, June 17, 2019, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

ROSA GALVEZ

Chair

Observations to the Twenty-First Report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill C-88)

Clauses 85(1) and 85(2)

The Inuit concerns with amendments to section 12(1) of the Canada Petroleum Resources Act originated with Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act, which received Royal Assent on May 27, 2019. Chair and Chief Executive Officer of the Inuvialuit Regional Corporation, Duane Smith, raised his persisting objection to measures that would create new and interim conservation areas. Unlike newer land claims, the Inuvialuit Final Agreement (IFA) is entirely silent on the establishment of conservation areas. Mr. Smith has pointed out that the non-derogation clause in Bill C-55 does not include the same express protections for IFA rights holders that are included in newer land claims. These concerns are compounded by the amendments proposed here, in Bill C-88.

The current moratorium in the Arctic offshore was imposed in 2016 without any notice to stakeholders. Since that time, there has been movement towards a more collaborative relationship between Government, industry and Indigenous governments and organizations. However, the Canada Petroleum Resources Act lacks express language on Government’s duty to consult with Indigenous governments and organizations. The non-derogation clause in the CPRA, as well as the Oceans Act, are not strong enough to provide comfort to older land claims, like the IFA, that do not incorporate express protections for rights holders where conservation areas are contemplated.

The committee strongly recommends that going forward, in the spirit and intent of Canada’s reconciliation agenda, the Government of Canada commit to meaningful consultation with Indigenous governments and organizations around matters in the Arctic offshore, and that this consultation process respect the rights of Inuit and First Nations that stem from Section 35 of the Constitution, as well as from settled treaties, comprehensive land claims agreements and self-government agreements in the region.

Ordered, That the bill be placed on the Orders of the Day for third reading later this day.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Dagenais tabled the following:

Report of the Canadian Delegation of the Canada-France Interparliamentary Association (CFIA) respecting its participation at the 47th annual meeting of the CFIA, held in Gard and Alpes-Maritimes, France, from April 8 to 12, 2019.—Sessional Paper No. 1/42-3146.

Notices of Motions

With leave of the Senate,

The Honourable Senator Massicotte moved, seconded by the Honourable Senator Munson:

That the Standing Senate Committee on Foreign Affairs and International Trade be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, a report relating to its study on physical security at Canada’s missions abroad, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

Question Period

The Senate proceeded to Question Period.

SPEAKER'S STATEMENT

Honourable senators, before proceedings to Orders of the Day, I have received a request from another senator to allow further consideration of the matter of the question of privilege raised by Senator Marshall. Although this is not common practice, it is not unprecedented, and I will allow it in the current case. Therefore, we will now hear any new arguments on the question of privilege.

QUESTION OF PRIVILEGE

The Senate resumed consideration of the question of privilege, raised by the Honourable Senator Marshall on Monday, June 17, 2019, concerning the access to a senator’s e-mails by the Office of the Senate Ethics Officer.

After debate,

The Speaker reserved his decision.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

Consideration of the message from the House of Commons concerning 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:

Tuesday, June 18, 2019

ORDERED,— That a message be sent to the Senate to acquaint Their Honours that, in relation to 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 House:

agrees with amendment 1 made by the Senate;

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

“1.Clause 2, page 1: Add the following after line 15:

Indigenous peoples of Canada has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones du Canada)”;

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

“32 (1) During the fifth year after the day on which this section comes into force, a review of the provisions and operation of this Act must be undertaken by any committee of the Senate, of the House of Commons or of both Houses of Parliament that is designated or established for that purpose, including a review of the impact of this Act on the environment, on social and economic conditions and on the Indigenous peoples of Canada.

(2) The committee referred to in subsection (1) must submit a report of the results of the review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, on any of the first 15 days on which the Senate or the House of Commons, as the case may be, is sitting after the report is completed.”.

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

That, in relation to 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 Senate:

(a)agree to the amendment made by the House of Commons to its amendment 2; and

(b)agree to the amendment made by the House of Commons in consequence of Senate amendment 1; and

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

After debate,

The Honourable Senator Housakos moved, seconded by the Honourable Senator Tkachuk, 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

Consideration of the message from the House of Commons concerning Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts:

Tuesday, June 18, 2019

ORDERED,— That a Message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the House:

agrees with amendments 1, 2, 4, 5(b), 6, 7, 8(b), 9, 10, 11, 13, 14(b), 15(a), (b) and (d), 16, 17, 18, 19 and 20 made by the Senate;

respectfully disagrees with amendments 3 and 12 because the amendments seek to legislate matters which are beyond the policy intent of the bill, whose purpose is to make targeted amendments to the Act, notably to authorize the Information Commissioner to make orders for the release of records or with respect to other matters relating to requests, and to create a new Part of the Act providing for the proactive publication of information or materials related to the Senate, the House of Commons, parliamentary entities, ministers’ offices including the Prime Minister’s Office, government institutions, and institutions that support superior courts;

as a consequence of Senate amendment 4, proposes to add the following amendment:

1. New clause 6.2, page 4: Add the following after line 4:

“6.2 The portion of section 7 of the Act before paragraph (a) is replaced by the following:

7 Where access to a record is requested under this Act, the head of the government institution to which the request is made shall, subject to sections 8 and 9, within 30 days after the request is received,”.

proposes that amendment 5(a) be amended to read as follows:

“(a) on page 5, delete lines 31 to 36;

(a.1) on page 6, replace line 1 with the following:

“13 Section 30 of the Act is amended by adding the”;”;

as a consequence of Senate amendment 5(a), proposes to add the following amendments:

1.Clause 16, page 7: Replace line 37 with the following:

“any of paragraphs 30(1)(a) to (e), the Commissioner”.

2.Clause 19, page 11: Replace line 28 with the following:

“any of paragraphs 30(1)(a) to (e) and who receives a re-”.

proposes that amendment 8(a) be amended by deleting subsection (6);

proposes that amendment 14(a) be amended by replacing the text of the English version of the amendment with the following: “the publication may constitute a breach of parliamen-”;

respectfully disagrees with amendment 15(c) because providing the Information Commissioner with oversight over proactive publication by institutions supporting Parliament and the courts has the potential to infringe parliamentary privilege and judicial independence.

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

That, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the Senate:

(a)agree to the amendments made by the House of Commons to Senate amendments, including amendments made in consequence of Senate amendments; and

(b)do not insist on its amendments to which the House of Commons has disagreed; and

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

After debate,

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

That the motion be not now adopted, but that it be amended by replacing all of the words after paragraph (a) with the following:

“(b)insist on its amendment 12, to which the House of Commons has disagreed; and

(c)do not insist on its other amendments to which the House of Commons disagrees; and

That, pursuant to rule 16-3, the Standing Senate Committee on Legal and Constitutional Affairs be charged with drawing up the reasons for the Senate’s insistence on its amendments and present its report, with the reasons for the insistence, on or before June 20, 2019; and

That, once the reasons for the insistence have been agreed to by the Senate, a message be sent to the House of Commons to acquaint that house accordingly.”.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldManningMarshallMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPlettPoirierRichardsSeidmanSmithStewart OlsenTannasTkachukWellsWhite—30

NAYS

The Honourable Senators

AndersonBellemareBlack (Alberta)Black (Ontario)BonifaceBoveyBrazeauBussonChristmasCordyCormierCoyleDalphondDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDyckForestForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMercerMitchellMiville-DechêneMoncionMunsonPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWallinWoo—55

ABSTENTIONS

The Honourable Senators

BernardJoyal—2

The question being put on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Woo:

That, in relation to Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, the Senate:

(a)agree to the amendments made by the House of Commons to Senate amendments, including amendments made in consequence of Senate amendments; and

(b)do not insist on its amendments to which the House of Commons has disagreed; and

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

The motion was adopted, on division.


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the forty-second report of the committee (Subject matter of Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act).—Sessional Paper No. 1/42-3147S.

The Honourable Senator Mockler moved, seconded by the Honourable Senator MacDonald, that the report be placed on the Orders of the Day for consideration at the next sitting.

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

Bills – Third Reading

Third reading of Bill C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act and to make consequential amendments to other Acts.

The Honourable Senator Anderson moved, seconded by the Honourable Senator Duncan, that the bill be read for a third time.

After debate,

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

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

Third reading of Bill C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis.

The Honourable Senator Dean moved, seconded by the Honourable Senator Petitclerc, 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

Order No. 2 was called and postponed until the next sitting.

Bills – Second Reading

Second reading of Bill C-102, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2020.

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

After debate,

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

The bill was then read the second time.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Mitchell, 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.

Bills – Messages from the House of Commons

Order No. 3 was called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 22 to 28, 33 and 34, and 36 to 43 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Lankin, 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. 246 and 282 were called and postponed until the next sitting.

Inquiries

Order No. 4 was called and postponed until the next sitting.

ADJOURNMENT

At 7:09 p.m., pursuant to the orders adopted by the Senate on February 4, 2016, and May 9, 2019, the Senate adjourned until 1:30 p.m., tomorrow.

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

Report on the Marine Oil Spill Preparedness and Response Regime for 2011-16, pursuant to the Canada Shipping Act, S.C. 2001, c. 26, s. 173.—Sessional Paper No. 1/42-3138.

Copy of Order in Council P.C. 2019-803, dated June 16, 2019, concerning the Order Issuing a Direction to the CRTC on implementing the Canadian Telecommunications Policy Objectives to Promote Competition, Affordability, Consumer Interests and Innovation, pursuant to the Telecommunications Act, S.C. 1993, c. 38, sbs. 10(7).—Sessional Paper No. 1/42-3139.

Reports of the Asia Pacific Foundation of Canada for the fiscal year ended March 31, 2019, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/42-3140.

Reports of the Canada Revenue Agency for the fiscal year ended March 31, 2019, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/42-3141.

Reports of the International Development Research Centre for the fiscal year ended March 31, 2019, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, sbs. 72(2).—Sessional Paper No. 1/42-3142.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Dean replaced the Honourable Senator Lankin, P.C. (June 19, 2019).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Dean (June 19, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Brazeau replaced the Honourable Senator Petitclerc (June 19, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Dean (June 19, 2019).

Standing Senate Committee on National Finance

The Honourable Senator Forest-Niesing replaced the Honourable Senator Omidvar (June 19, 2019).