The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasWallinWellsWetstonWhiteWoo

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

Presenting or Tabling Reports from Committees

The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the first report of the committee (Subject matter of Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)).—Sessional Paper No. 2/43-421S.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Martin, 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.

Government Notices of Motions

With leave of the Senate,

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

That, notwithstanding any provisions of the Rules or usual practice:

1.the Senate resolve itself into a Committee of the Whole at 3 p.m. on Tuesday, November 17, 2020, to consider the subject matter of Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), with any proceedings then before the Senate being interrupted until the end of Committee of the Whole, which shall last a maximum of 125 minutes;

2.if the bells are ringing for a vote at 3 p.m. on that day, they be interrupted for the Committee of the Whole at that time, and resume thereafter for the balance of any time remaining;

3.the Committee of the Whole on the subject matter of Bill C-9, receive the Honourable Chrystia Freeland, P.C., M.P., Deputy Prime Minister and Minister of Finance, accompanied by one official;

4.the witnesses’ introductory remarks last a maximum total of five minutes; and

5.if a senator does not use the entire period of 10 minutes for debate provided under rule 12-32(3)(d), including the responses of the witnesses, that senator may yield the balance of time to another senator.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Sinclair introduced Bill S-218, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals).

The bill was read the first time.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Pate, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Plett moved, seconded by the Honourable Senators Gold, P.C., Woo, Tannas and Cordy:

That, notwithstanding any provision of the Rules, previous order or usual practice, and taking into account the exceptional circumstances of the current pandemic of COVID-19, until the end of the day on December 18, 2020:

1.standing Senate committees have the power:

(a)to hold hybrid meetings, with senators able to participate either from the meeting room in the parliamentary precinct or by videoconference; and

(b)to hold meetings entirely by videoconference, subject to the terms of this order;

2.the scheduling of meetings of standing Senate committees be prioritized, subject to available capacity, as follows:

(a)meetings on Government Business;

(b)meetings of the Standing Committee on Internal Economy, Budgets and Administration;

(c)meetings of the Standing Committee on Audit and Oversight;

(d)meetings of the Standing Committee on Ethics and Conflict of Interest for Senators, when and if established; and

(e)any other study conducted in accordance with an order of reference from the Senate;

3.hybrid meetings of Senate committees have priority over meetings entirely by videoconference, and such a committee only meet entirely by videoconference:

(a)for the purpose of an organization meeting, including discussion of future business at such a meeting; or

(b)for other purposes only if:

(i)there is an order of the Senate authorizing the committee to hold such a meeting; or

(ii)authorized to hold such a meeting with the signed consent of the Government Liaison, the Opposition Whip, and the whips and liaisons of all recognized parties and recognized parliamentary groups;

4.for greater certainty, it be understood that the provisions of this order concerning the prioritization of meetings and restricting meetings by videoconference do not apply to any subcommittees that may be established by the Standing Committee on Internal Economy, Budgets and Administration, which can meet entirely by videoconference;

5.any conflict in the scheduling of committee meetings be settled by consensus between the Government Liaison, the Opposition Whip, and the whips and liaisons of all recognized parties and recognized parliamentary groups;

6.the practice of restricting committees to regular time slots be suspended, with the requirement for a pre-established meeting schedule for committees under section 3 of Chapter 5:03 of the Senate Administrative Rules also being suspended;

7.hybrid committee meetings or meetings entirely by videoconference be considered, for all purposes, to be meetings of the committee in question, and senators taking part in such meetings be considered, for all purposes, to be present at the meeting;

8.for greater certainty, and without limiting the general authority granted by this order, when a committee holds a hybrid meeting or meets entirely by videoconference:

(a)all members of the committee participating count towards quorum;

(b)such meetings be considered to be occurring in the parliamentary precinct, irrespective of where participants may be; and

(c)the committee be directed to approach in camera meetings with all necessary precaution, taking account of the risks to confidentiality inherent in such technologies;

9.subject to variations that may be required by the circumstances, to participate in a meeting by videoconference senators must:

(a)participate from a designated office or designated residence within Canada;

(b)use a desktop or laptop computer and headphones with integrated microphone provided by the Senate for videoconferences;

(c)not use other devices such as personal tablets or smartphones;

(d)be the only people visible on the videoconference;

(e)have their video on and broadcasting their image at all times; and

(f)leave the videoconference if they leave their seat; and

10. when a committee holds a hybrid meeting or meets by videoconference, the provisions of rule 14-7(2) be applied so as to allow recording or broadcasting through any facilities arranged by the Clerk of the Senate, and, if a meeting being broadcast or recorded cannot be broadcast live, the committee be considered to have fulfilled the requirement that a meeting be public by making any available recording publicly available as soon as possible thereafter;

That the Senate recognize the principle that, as hybrid capacity increases, the frequency of meetings entirely by videoconference will decrease in consequence; and

That the Government Representative in the Senate be encouraged to deploy best efforts, in collaboration with the Speaker and the Senate Administration, to explore ways to expand hybrid capacity as quickly as possible.

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

Question Period

The Senate proceeded to Question Period.

COMMITTEE OF THE WHOLE

At 3 p.m., pursuant to the order adopted earlier today, the Senate was suspended during pleasure and resolved into a Committee of the Whole to consider the subject matter of Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy), the Honourable Senator Ringuette in the Chair.

—In the Committee—

Pursuant to rule 12-32(4), the Honourable Chrystia Freeland, P.C., M.P., Deputy Prime Minister and Minister of Finance, accompanied by Andrew Marsland, Senior Assistant Deputy Minister, Tax Policy Branch, Finance Canada, were escorted to seats in the Senate Chamber.

Debate.

It was agreed that the chair report to the Senate that the witnesses have been heard.

---

The sitting of the Senate resumed.

The Chair of the Committee stated that the Committee had heard the witnesses on the subject matter of Bill C-9 and had directed her to report the same to the Senate.

Question Period

The Senate resumed Question Period.

Orders of the Day

Government Business

Bills – Second Reading

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

o o o

Second reading of Bill C-9, An Act to amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy).

The Honourable Senator Duncan moved, seconded by the Honourable Senator Woo, 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 Duncan moved, seconded by the Honourable Senator Woo, 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.

Motions

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

Other Business

Private Bills – Third Reading

Third reading of Bill S-1001, An Act respecting Girl Guides of Canada.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Dean, 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.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

Senate Public Bills – Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Harder, P.C., for the second reading of Bill S-203, An Act to restrict young persons’ online access to sexually explicit material.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Housakos, 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. 4 was called and postponed until the next sitting.

o o o

Second reading of Bill S-205, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate).

The Honourable Senator Bovey moved, seconded by the Honourable Senator Munson, that the bill be read the second time.

Debate.

---

Pursuant to rule 3-3(1) and the order adopted on October 27, 2020, at 6 p.m. the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Munson, for the second reading of Bill S-205, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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. 6 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Boehm, for the second reading of Bill S-207, An Act to amend the Criminal Code (independence of the judiciary).

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Dasko, 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. 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 were called and postponed until the next sitting.

Motions

Orders No. 1, 2, 3, 4, 5, 6 and 8 were called and postponed until the next sitting.

o o o

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

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the implementation and success of a federal framework on post-traumatic stress disorder (PTSD) by the Government of Canada as it relates to the four identified priority areas with a focus on data collection, that is, improved tracking of the rate of PTSD amongst first responders and its associated economic and social costs, when and if the committee is formed; and

That the committee submit its final report no later than February 28, 2021.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Dasko, 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. 10, 11, 12, 13 and 14 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator McCallum, seconded by the Honourable Senator Loffreda:

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, 2021.

After debate,

The Honourable Senator Pate moved, seconded by the Honourable Senator Deacon (Ontario), 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. 19, 27, 31, 33 and 36 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Francis, seconded by the Honourable Senator Pate:

That the Senate affirm and honour the 1999 Supreme Court of Canada Marshall decision, and call upon the Government of Canada to do likewise, upholding Mi’kmaw treaty rights to a moderate livelihood fishery, as established by Peace and Friendship Treaties signed in 1760 and 1761, and as enshrined in section 35 of the Constitution Act, 1982; and

That the Senate condemn the violent and criminal acts interfering with the exercise of these treaty rights and requests immediate respect for and enforcement of the criminal laws of Canada, including protection for Mi’kmaw fishers and communities.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Saint-Germain, 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. 41 and 43 were called and postponed until the next sitting.

Inquiries

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

o o o

Resuming debate on the inquiry of the Honourable Senator Seidman, calling the attention of the Senate to weaknesses within Canada’s long-term care system, which have been exposed by the COVID-19 pandemic.

Debate.

ADJOURNMENT

At 9 p.m., pursuant to the order adopted by the Senate on October 27, 2020, the Senate adjourned until 2 p.m., tomorrow.

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

Report of the Parliamentary Budget Officer entitled “Fiscal Sustainability Report 2020: Update”, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-385.

Service Fees Report of the Impact Assessment Agency of Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-386.

Service Fees Report of the Parks Canada Agency from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-387.

Service Fees Report of Environment and Climate Change Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-388.

Report on the administration of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act for the year 2019, pursuant to the Act, S.C. 1992, c. 52, s. 28.—Sessional Paper No. 2/43-389.

Reports of the Freshwater Fish Marketing Corporation for the fiscal year ended March 31, 2020, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 94(2) and to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 2/43-390.

Report of the Freshwater Fish Marketing Corporation, together with the Auditor General’s Report, for the fiscal year ended March 31, 2020, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 2/43-391.

Reports of the Department of Fisheries and Oceans for the fiscal year ended March 31, 2020, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs. 94(2) and to the Privacy Act, R.S.C. 1985, c. P-21, sbs. 72(2).—Sessional Paper No. 2/43-392.

Service Fees Report of the Department of Fisheries and Oceans from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-393.

Service Fees Report of Global Affairs Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-394.

Service Fees Report of the Canadian Food Inspection Agency from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-395.

Service Fees Report of the Department of Justice from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-396.

Service Fees Report of Transport Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-397.

Service Fees Report of Public Services and Procurement Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-398.

Revised Service Fees Report of Public Services and Procurement Canada from 2018 to 2019, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-399.

Service Fees Report of the Public Health Agency of Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-400.

Service Fees Report of the Department of Health from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-401.

Service Fees Report of the Canadian Space Agency from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-402.

Service Fees Report of the National Research Council of Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-403.

Service Fees Report of Statistics Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-404.

Service Fees Report of Innovation, Science and Economic Development Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-405.

List of outstanding specific legislative proposals to amend listed tax laws announced prior to April 1, 2019, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 162(2).—Sessional Paper No. 2/43-406.

Copy of Order in Council (P.C. 2020-773), dated October 2, 2020, concerning the Order Amending the Import Control List and the summary of the intergovernmental commitment, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5(2).—Sessional Paper No. 2/43-407.

Service Fees Report of the Canadian Grain Commission from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-408.

Service Fees Report of the Royal Canadian Mounted Police from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-409.

Service Fees Report of the Canada Border Services Agency from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-410.

Service Fees Report of the Parole Board of Canada from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-411.

Service Fees Report of the Department of National Defence and the Canadian Armed Forces from 2019 to 2020, pursuant to the Service Fees Act, S.C. 2017, c. 20, s. 20.—Sessional Paper No. 2/43-412.

Report of the Commissioner of Competition for the fiscal year ended March 31, 2020, pursuant to the Competition Act, R.S.C. 1985, c. C-34, s. 127.—Sessional Paper No. 2/43-413.

Departmental Sustainable Development Strategy for the Department of Fisheries and Oceans for 2020 to 2023, pursuant to the Federal Sustainable Development Act, S.C. 2008, c. 33, sbs. 11(1).—Sessional Paper No. 2/43-414.

Report of the Financial Transactions and Reports Analysis Centre of Canada for the fiscal year ended March 31, 2020, pursuant to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, S.C. 2000, c. 17, sbs. 71(1).—Sessional Paper No. 2/43-415.

Copy of the Regulations Amending the Special Economic Measures (Belarus) Regulations (P.C. 2020-870), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 2/43-416.

Interim Order No. 2 Restricting Pleasure Craft Navigation Due to the Coronavirus Disease 2019 (COVID-19), pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, s. 10.1.—Sessional Paper No. 2/43-417.

Interim Order No. 4 Respecting Passenger Vessel Restrictions due to the Coronavirus Disease 2019 (COVID-19), pursuant to the Canada Shipping Act, R.S.C. 2001, c. 26, s. 10.1.—Sessional Paper No. 2/43-418.

Interim Order No. 13 Respecting Certain Requirements for Civil Aviation Due to COVID-19, pursuant to the Aeronautics Act, R.S.C. 1985, c. A-2, sbs. 6.41(5) and (6).—Sessional Paper No. 2/43-419.

Copies of Orders in Council P.C. 2020-838, P.C. 2020-839 and P.C. 2020-840 concerning minimizing the risk of exposure to COVID-19 in Canada, pursuant to the Quarantine Act, S.C. 2005, c. 20, sbs. 61(2).—Sessional Paper No. 2/43-420.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Tannas was added to the membership (November 13, 2020).

Standing Senate Committee on Human Rights

The Honourable Senator Tannas was added to the membership (November 13, 2020).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Cordy replaced the Honourable Senator Dawson (November 13, 2020).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Tannas was added to the membership (November 13, 2020).

Standing Senate Committee on National Finance

The Honourable Senator Galvez replaced the Honourable Senator Pate (November 12, 2020).

The Honourable Senator Pate replaced the Honourable Senator Galvez (November 12, 2020).

Standing Senate Committee on Official Languages

The Honourable Senator Mégie was removed from the membership of the committee, substitution pending (November 12, 2020).

The Honourable Senator Moncion was added to the membership (November 12, 2020).