The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKeatingKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

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

Tributes

Tribute was paid to the Honourable Murray Sinclair, who resigned from the Senate on January 30, 2021.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Marwah, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled the fourth report of the committee, entitled Senate Harassment and Violence Prevention Policy.—Sessional Paper No. 2/43-588S.

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The Honourable Senator Massicotte presented the following:

Tuesday, February 16, 2021

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

SECOND REPORT

Your committee, to which was referred Bill S-3, An Act to amend the Offshore Health and Safety Act, has, in obedience to the order of reference of December 8, 2020, examined the said bill and now reports the same with the following amendments:

1.Clause 1, page 1: Replace line 15 with the following:

“repealed on the expiry of seven years after the day”.

2.Clause 2, page 2: Replace line 3 with the following:

“repealed on the expiry of seven years after the day”.

3.Clause 3, pages 2 and 3:

(a) On page 2,

(i) replace line 7 with the following:

“December 31, 2021, then”,

(ii) replace line 25 with the following:

“section (1) are repealed on December 31, 2021, un-”;

(b) on page 3, replace line 12 with the following:

“section (1) are repealed on December 31, 2021, un-”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

Observations to the second report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill S-3)

Observation 1

The committee is concerned that deferring adoption of permanent offshore health and safety regulations is delaying necessary changes. The committee is of the opinion Bill S-3 should represent the final extension of the deadline to adopt permanent health and safety regulations for Canada’s offshore. Further, the Department of Natural Resources must submit an implementation progress report to the Senate by June 15, 2021, including the implementation schedule to the expiry of the transitional regulations.

Observation 2

The committee is of the opinion that the regulations should ensure safeguards and best practices are upheld and maintained by all subject to the health and safety regulations, regardless of one’s age, race, religion, gender, sexuality, etc.

With leave,

The Senate proceeded to the consideration of the report.

The Honourable Senator Ravalia moved, seconded by the Honourable Senator Woo, that the report be adopted.

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

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

Government Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on National Finance be authorized to examine and report upon the expenditures set out in the Supplementary Estimates (C) for the fiscal year ending March 31, 2021; 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, with rules 12-18(1) and 12-18(2) being suspended in relation thereto.

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

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With leave of the Senate,

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

That, notwithstanding any provision of the Rules, previous order or usual practice, when the Senate sits today, the evening suspension be for one hour today, and start at 6:30 p.m., even if a senator is speaking at that time.

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, Legislative Summit of the National Conference of State Legislatures, Nashville, Tennessee, United States of America, from August 5 to 8, 2019.—Sessional Paper No. 2/43-589.

Report of the Canada–United States Inter-Parliamentary Group, Annual National Conference of the Council of State Governments, San Juan, Puerto Rico, United States of America, from December 4 to 7, 2019.—Sessional Paper No. 2/43-590.

Report of the Canada–United States Inter-Parliamentary Group, Annual Winter Meeting of the National Governors Association Washington, D.C., United States of America, from February 7 to 10, 2020.—Sessional Paper No. 2/43-591.

Report of the Canada–United States Inter-Parliamentary Group, Great Lakes Day and Great Lakes Congressional Breakfast, Washington, D.C., United States of America, from March 3 to 5, 2020.—Sessional Paper No. 2/43-592.

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The Honourable Senator Moncion tabled the following:

Report of the Canada-Europe Parliamentary Association, First Part of the 2021 Ordinary Session of the Parliamentary Assembly of the Council of Europe (PACE), Strasbourg, France, January 25 to 25, 2021.—Sessional Paper No. 2/43-593.

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 raised by Senator Gold on February 11, 2021, concerning Senator McPhedran’s amendment to Bill C-7, An Act to amend the Criminal Code (medical assistance in dying). The concern was that the amendment does not respect the basic objective of the bill and is fundamentally destructive of its principle. After hearing arguments on the point of order, the Speaker pro tempore took the matter under advisement. As provided for in the order of February 8, governing proceedings on Bill C-7, debate then continued pending a ruling.

Rule 10-4 states that “The principle of a bill is usually debated on second reading.” Second reading is thus a critical stage in the legislative process, since it is at this point that the Senate decides whether it is in favour of the principle of the bill, that is to say the bill’s basic intent and objectives. By adopting a bill at second reading the Senate agrees with its basic principle and objectives, and subsequent changes must respect that decision. Amendments cannot be destructive of the bill’s basic purpose, although the Senate does retain its right to reject a bill in whole at subsequent stages.

Related to this limitation are the ideas of scope and relevancy. While the three concepts are often raised together, they are distinct. A ruling of December 9, 2009 noted that:

“It may generally be helpful to view the principle as the intention underlying the bill. The scope of the bill would then be related to the parameters the bill sets in reaching any goals or objectives that it contains, or the general mechanisms it envisions to fulfil its intentions. Finally, relevancy takes into account how an amendment relates to the scope or principle of the bill under examination.”

Page 141 of Senate Procedure in Practice notes that:

“Amendments must, therefore, be in some way related to the bill …, and cannot introduce elements or factors alien to the proposed legislation or destructive to its original goals. In addition, amendments must respect the objectives of the bill.”

While these types of issues usually arise in relation to proceedings in committee, this analytical framework also applies to proceedings in the Senate, as was noted in a ruling of April 4, 2019.

Applying these ideas to the point of order, it seems that the basic objective or intention of Bill C-7 is to recognize and take account of a judicial determination that there exists a constitutional right to medical assistance in dying for persons whose death is not reasonably foreseeable. The bill thus proposes to expand access to medical assistance in dying, with a system of safeguards and eligibility criteria, so that this right is effectively available to such individuals. As outlined during the point of order, the amendment would undo this fundamental purpose of the bill. If the amendment were adopted, the bill would no longer address the decision of the court, and the law would continue to limit medical assistance in dying to those whose death is reasonably foreseeable. This effectively reverses the principle of the bill.

Since the amendment goes against the basic principle of the bill and does not reflect the decision made by the Senate at second reading, it is out of order, and debate on it cannot therefore continue.

(Accordingly, the motion in amendment was withdrawn, by order.)

Government Business

Bills – Third Reading

Third reading of Bill S-3, An Act to amend the Offshore Health and Safety Act, as amended.

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

After debate,

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

The bill, as amended, was then read the third time.

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.

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Resuming debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

Debate.

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Pursuant to rule 3-3(1) and the order adopted by the Senate earlier today, the Speaker pro tempore left the Chair to resume the same at 7:30 p.m.

The sitting resumed.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Petitclerc, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-7, An Act to amend the Criminal Code (medical assistance in dying), as amended.

Debate.

ADJOURNMENT

At 9 p.m., pursuant to the orders adopted by the Senate on October 27, 2020 and December 17, 2020, the Senate adjourned until 2 p.m., tomorrow.

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

Supplementary Estimates (C), 2020-21.—Sessional Paper No. 2/43-587.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Black (Ontario) replaced the Honourable Senator Campbell (February 16, 2021).

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Frum (February 15, 2021).