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Journals of the Senate

69 Elizabeth II , A.D. 2020, Canada

1st Session, 43rd Parliament

Issue 10 (Unrevised)

Thursday, February 20, 2020
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBonifaceBoyerBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckForestFrancisFureyGagnéGalvezGoldGreeneGriffinHartlingHousakosKeatingKlyneKutcherLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMégieMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOmidvarPatePetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWetston

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)Boehm*BoisvenuBoniface*BoveyBoyerBussonCampbellCarignanCordyCormierCotterCoyleDagenais*DalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckForest*Forest-NiesingFrancisFureyGagnéGalvezGoldGreeneGriffinHartlingHousakosKeatingKlyneKutcherLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMégieMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgo*OhOmidvarPatePetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWetston

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 Senator Gold, P.C., tabled the following:

Supplementary Estimates (B), 2019-20.—Sessional Paper No. 1/43-332.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Moncion introduced Bill S-216, An Act to amend the Assisted Human Reproduction Act.

The bill was read the first time.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Dupuis, that the bill be placed on the Orders of the Day for a second reading two days hence.

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

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator MacDonald tabled the following:

Report of the Canada–United States Inter-Parliamentary Group, Pacific NorthWest Economic Region 29th Annual Summit, Saskatoon, Saskatchewan, Canada, July 21-25, 2019.—Sessional Paper No. 1/43-333.

Report of the Canada–United States Inter-Parliamentary Group, National Governors Association Annual Summer Meeting, Salt Lake City, Utah, United States of America, July 24-26, 2019.—Sessional Paper No. 1/43-334.

Report of the Canada–United States Inter-Parliamentary Group, Canadian/American Border Trade Alliance Conference, Washington, D.C., United States of America, October 6-8, 2019.—Sessional Paper No. 1/43-335.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Other Business

Reports of Committees – Other

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

Government Business

Motions

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

o o o

Resuming debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Gold, P.C.:

That, notwithstanding rules 12-2(2), 12-3(1) and usual practice, the Honourable Senators Ataullahjan, Boehm, Bovey, Cordy, Coyle, Dawson, Dean, Greene, Housakos, Massicotte, Ngo, Plett and Saint-Germain be appointed to serve on the Standing Senate Committee on Foreign Affairs and International Trade until a report of the Committee of Selection recommending the senators to serve as members of the committee is adopted or the members are otherwise named by the Senate;

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine the subject matter of Bill C-4, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, introduced in the House of Commons on January 29, 2020, in advance of the said bill coming before the Senate; and

That, for the purpose of this study, the committee have the power to meet, even though the Senate may then be sitting or adjourned, and that rules 12-18(1) and 12-18(2) be suspended in relation thereto.

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

o o o

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, February 25, 2020, at 2 p.m.

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 were called and postponed until the next sitting.

o o o

Second reading of Bill S-214, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation.

The Honourable Senator Pate moved, seconded by the Honourable Senator Petitclerc, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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

Order No. 15 was called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1, 3 and 4 were called and postponed until the next sitting.

Motions

Orders No. 5, 6, 7, 8, 9, 10, 12, 15 and 18 were called and postponed until the next sitting.

Inquiries

Orders No. 1, 6, 7, 8, 9 and 10 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Bovey, calling the attention of the Senate to the need to renew and further its interest in Arctic issues.

After debate,

The Honourable Senator Duncan moved, for the Honourable Senator Anderson, seconded by the Honourable Senator Omidvar, that further debate on the inquiry be adjourned until the next sitting.

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

MOTIONS

The Honourable Senator Dean moved, seconded by the Honourable Senator Pate:

That the Rules of the Senate be amended:

1.by:

(a)deleting the word “and” at the end of rule 12-3(2)(e) in the English version; and

(b) replacing the period at the end of rule 12-3(2)(f) by the following:

“; and

(g) the Standing Committee on Audit and Oversight, three Senators and two qualified external members.”;

2.by replacing rule 12-3(3) with the following:

“Ex officio members

12-3. (3) In addition to the membership provided for in subsections (1) and (2), the Leader of the Government, or the Deputy Leader if the Leader is absent, and the leader or facilitator of each recognized party and recognized parliamentary group, or a designate if a leader or facilitator is absent, are ex officio members of all committees except the Standing Committee on Ethics and Conflict of Interest for Senators, the Standing Committee on Audit and Oversight and the joint committees. The ex officio members of committees have all the rights and obligations of a member of a committee, but shall not vote.

Restriction on membership

12-3. (4) No Senator shall be a member of both the Standing Committee on Internal Economy, Budgets and Administration and the Standing Committee on Audit and Oversight.”;

3.by replacing the portion of rule 12-5 before paragraph (a) by the following:

12-5. Changes in the membership of a committee, except for the ex officio members and members of the Standing Committee on Ethics and Conflict of Interest for Senators and the Standing Committee on Audit and Oversight, may be made by notice filed with the Clerk, who shall have the notice recorded in the Journals of the Senate. The notice shall be signed by:”;

4.by replacing rule 12-6 with the following:

“Quorum of standing committees

12-6. (1) Except as provided in subsection (2) and elsewhere in these Rules, the quorum of a standing committee shall be four of its members.

EXCEPTION

Rule 12-27(2): Quorum of committee

Audit and Oversight

12-6. (2) The quorum of the Standing Committee on Audit and Oversight shall be two Senators and one external member, except in the case of the organization meeting, for which the quorum shall be three Senators.”;

5.by:

(a)deleting the word “and” at the end of rule 12-7(15) in the English version; and

(b)replacing the period at the end of rule 12-7(16) by the following:

“; and

Audit and Oversight

12-7. (17) the Standing Committee on Audit and Oversight, which, for the purposes of integrity, independence, transparency and accountability, shall be authorized, on its own initiative, to:

(a) retain the services of and oversee the external auditors and internal auditors;

(b) supervise the Senate’s internal and external audits;

(c) make recommendations to the Senate concerning the internal and external audit plans;

(d) report to the Senate regarding the internal and external audits, including audit reports and other matters;

(e) review the Senate Administration’s action plans to ensure:

(i) that they adequately address the recommendations and findings arising from internal and external audits, and

(ii) that they are effectively implemented;

(f) review the Senate’s Quarterly Financial Reports and the audited Financial Statements, and report them to the Senate; and

(g) report at least annually with observations and recommendations to the Senate.”;

6.by adding the following new rule 12-9(3):

“Audit and Oversight — access to information

12-9. (3) The Standing Committee on Audit and Oversight may review the in camera proceedings of other Senate committees, including any transcripts of meetings, as they relate to the mandate of the Audit and Oversight Committee.”;

7.by replacing rule 12-13 with the following:

“Organization meeting

12-13. (1) Once the Senate has agreed to the membership of a committee, the Clerk of the Senate shall, as soon as practicable, call an organization meeting of the committee at which it shall elect a chair.

Chair of Audit and Oversight

12-13. (2) The chair of the Standing Committee on Audit and Oversight shall be a Senator who is not a member of the recognized party or recognized parliamentary group to which the chair of the Standing Committee on Internal Economy, Budgets and Administration belongs.

Audit and Oversight — nomination of external members

12-13. (3) After electing its chair and deputy chair, the Standing Committee on Audit and Oversight shall adopt a report to the Senate nominating two qualified external members for the committee. This report must be agreed to by all three Senators who are members of the committee. The report shall include recommendations on remuneration and permissible expenses for the external members, which shall be paid from Senate funds once the report is adopted by the Senate.”;

8.by replacing rule 12-14 with the following:

“Participation of non-members

12-14. (1) Except as provided in subsection (2) and elsewhere in these Rules, a Senator who is not a member of a committee may attend and participate in its deliberations, but shall not vote.

EXCEPTIONS

Rule 12-28(2): Participation of non-members

Rule 15-7(2): Restrictions if declaration of interest

Rule 16-3(6): Speaking at conferences

Audit and Oversight

12-14. (2) Senators who are not members of the Standing Committee on Audit and Oversight shall not participate in its meetings, unless they are appearing as witnesses.”;

9.by replacing the portion of rule 12-16(1) before paragraph (a) by the following:

12-16. (1) Except as provided in subsections (2) and (3) and elsewhere in these Rules, a committee may meet in camera only for the purpose of discussing:”;

10.by renumbering current rule 12-16(2) as 12-16(3), and by adding the following new rule 12-16(2):

“Audit and Oversight — in camera

12-16. (2) The Standing Committee on Audit and Oversight shall meet in camera whenever it deals with the in-camera proceedings of another committee.”;

11.by replacing the portion of rule 12-18(2) before paragraph (a) by the following:

12-18. (2) Except as provided in subsection (3) and elsewhere in these Rules, a Senate committee may meet when the Senate is adjourned:”;

12.by adding the following new rule 12-18(3):

“Audit and Oversight

12-18. (3) The Standing Committee on Audit and Oversight may meet during any adjournment of the Senate.”;

13.by replacing rule 12-22(1) by the following:

“Majority conclusions

12-22. (1) Except as provided in subsection (7), a report of a Senate committee shall contain the conclusions agreed to by majority.”;

14.by replacing rule 12-22(2) by the following:

“Presentation or tabling

12-22. (2) Except as provided in subsection (8) and elsewhere in these Rules, a committee report shall be presented or tabled in the Senate by the chair or by a Senator designated by the chair.

EXCEPTION

Rule 12-31: Report deposited with the Clerk”;

15.by adding the following new rules 12-3(7) and (8):

“Reports of Audit and Oversight Committee — Content

12-3. (7) The Standing Committee on Audit and Oversight shall include the opinions of the external members in its reports.

Audit and Oversight — report deposited with the Clerk

12-22. (8) A report of the Standing Committee on Audit and Oversight may be deposited with the Clerk at any time the Senate stands adjourned, and the report shall be deemed to have been presented or tabled in the Senate.”;

16.by replacing the opening paragraph of the definition of “Committee” in Appendix I, starting with the words “A body of Senators, Members of the House of Commons or both,”, by the following:

“A body of Senators, Members of the House of Commons, members of both houses, or others, appointed by one or both of the two houses to consider such matters as may be referred to it or that it may be empowered to examine, including bills. A Senate committee is, except in the case of the Standing Committee on Audit and Oversight, one composed solely of Senators (as opposed to a joint committee — see below). (Comité)”; and

17.by updating all cross references in the Rules, including the lists of exceptions, accordingly.

Debate.

With leave of the Senate,

The Honourable Senator Massicotte tabled the following:

Comparison of Chapter 12 of the Rules of the Senate with the amendments proposed by the Honourable Senators Dean and Massicotte.—Sessional Paper No. 1/43-336S.

Copy of amendment to motion No. 16, under the heading Other Business, to be moved by the Honourable Senator Massicotte.—Sessional Paper No. 1/43-337S.

After debate,

In amendment, the Honourable Senator Massicotte moved, seconded by the Honourable Senator Dean:

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

1.in the French version of point number 3, by replacing the proposed new text by the following:

12-5. Sauf dans le cas des membres d’office, des membres du Comité permanent sur l’éthique et les conflits d’intérêts des sénateurs et des membres du Comité permanent de l’audit et de la surveillance, le remplacement d’un membre d’un comité peut s’effectuer au moyen d’un avis remis au greffier du Sénat, qui le fait consigner aux Journaux du Sénat. Cet avis est signé :”;

2.in paragraph (b) of point number 5, by deleting paragraph (c) in the proposed new text and renumbering the remaining paragraphs in consequence;

3.in the French version of point number 14, in the proposed new text, by replacing the rule number “12-22. (1)” by “12-22. (2)”;

4.in the English version of point number 15, in the introductory wording, by replacing the words “new rules 12-3(7) and (8)” by “new rules 12-22(7) and (8)”; and

5.in point number 15, in the proposed new text, by replacing the rule number “12-3. (7)” by “12-22. (7)”.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald, that further debate on the motion in amendment be adjourned until the next sitting.

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

o o o

The Honourable Senator McCallum moved, seconded by the Honourable Senator Cormier:

That the Standing Senate Committee on Energy, the Environment and Natural Resources be authorized to examine and report on the cumulative impacts of resource extraction and development, and their effects on environmental, economic and social considerations, when and if the committee is formed; and

That the committee submit its final report no later than December 31, 2020.

After debate,

The Honourable Senator Duncan moved, for the Honourable Senator Galvez, seconded by the Honourable Senator Omidvar, 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

The Honourable Senator Miville-Dechêne moved, seconded by the Honourable Senator Klyne:

That, given the unanimous declaration of the House of Commons on February 22, 2007, to condemn all forms of human trafficking and slavery, the Senate:

(a)encourage Canadians to raise awareness of the magnitude of modern day slavery in Canada and abroad and to take steps to combat human trafficking; and

(b)recognize the 22nd day of February as National Human Trafficking Awareness Day.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Omidvar, 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

The Honourable Senator Griffin moved, seconded by the Honourable Senator Verner, P.C.:

That the nineteenth report of the Standing Senate Committee on Agriculture and Forestry entitled Made in Canada: Growing Canada’s Value-Added Food Sector, deposited with the Clerk of the Senate on July 15, 2019, during the first session of the Forty-second Parliament, be placed on the Orders of the Day under Other Business, Reports of Committees – Other, for consideration at the next sitting.

After debate,

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

INQUIRIES

The Honourable Senator Klyne called the attention of the Senate to the unrecognized histories and meaningful contributions of First Nations, Métis and Inuit.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Omidvar, that further debate on the inquiry be adjourned until the next sitting.

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

o o o

The Honourable Senator Richards called the attention of the Senate to the decimation of Atlantic salmon spawning grounds on the Miramichi, Restigouche and their tributaries.

After debate,

The Honourable Senator Griffin moved, seconded by the Honourable Senator Verner, P.C., that further debate on the inquiry be adjourned until the next sitting.

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

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 4:14 p.m., the Senate was continued until Tuesday, February 25, 2020, at 2 p.m.)

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