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Journals of the Senate

70 Elizabeth II , A.D. 2021, Canada

2nd Session, 43rd Parliament

Issue 40 (Unrevised)

Tuesday, May 25, 2021
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieNgoOhOmidvarPatePattersonPetitclercPlettRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBernardBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDupuisForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieNgoOhOmidvarPatePattersonPetitclercPlettRavaliaRichardsRinguetteSaint-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

SPEAKER'S STATEMENT

Honourable senators, on May 5, 2021, I made a statement in the Senate outlining the process to be followed for the election of the Speaker pro tempore for the rest of the session. This was done pursuant to a decision of the Senate made on February 8, 2021, when it adopted the fourth report of the Committee of the Selection.

The deadline for senators to indicate a wish to run for the position of Speaker pro tempore was noon on May 10, 2021. Only one senator expressed an interest, so an election is not required, and the post can be filled by acclamation.

Honourable senators, I am therefore pleased to advise you that the Honourable Senator Ringuette will be Speaker pro tempore for the remainder of the session. Pursuant to the process established on May 5, the following motion is deemed moved, seconded and adopted: “That the Honourable Senator Ringuette be named Speaker pro tempore for the remainder of the session”.

Colleagues, I know that, like me, you will wish to congratulate Senator Ringuette on her new responsibilities. She brings extensive parliamentary experience — both in the Senate and in the House of Commons — to her role, and we will benefit from her good sense, quick wit and acumen. I have appreciated her dedication and support since she took on her role on an interim basis.

Thank you, Senator Ringuette, for all your diligent work for the Senate, and my very heartfelt congratulations and best wishes.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

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, usual practice or previous order, when the Senate sits on Thursday, May 27, 2021:

1.the sitting start at 1:30 p.m.;

2.the Senate resolve itself into a Committee of the Whole at 1:55 p.m. to consider the subject matter of Bill S-4, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts, with any proceedings then before the Senate being interrupted until the end of Committee of the Whole, which shall last a maximum of 95 minutes;

3.if the bells are ringing for a vote at the time the committee is to meet, they be interrupted for the Committee of the Whole at that time, and resume once the committee has completed its work for the balance of any time remaining;

4.the Committee of the Whole on the subject matter of Bill S-4 receive the Honourable Dominic LeBlanc, P.C., M.P., Minister of Intergovernmental Affairs, accompanied by at most three officials;

5.the witness’s introductory remarks last a maximum total of five minutes;

6.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; and

7.the sitting adjourn no later than 8:30 p.m., as if that were the ordinary time of adjournment.

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

Introduction and First Reading of Government Bills

The Honourable Senator Gold, P.C., introduced Bill S-5, An Act to amend the Judges Act.

The bill was read the first time.

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

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

o o o

A message was brought from the House of Commons with Bill C-220, An Act to amend the Canada Labour Code (bereavement leave), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

o o o

A message was brought from the House of Commons with Bill C-210, An Act to amend the Canada Revenue Agency Act (organ and tissue donors), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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 Massicotte tabled the following:

Report of the Canada-China Legislative Association and the Canada-Japan Inter-Parliamentary Group, 28th Annual Meeting of the Asia-Pacific Parliamentary Forum (APPF), Canberra, Australia, from January 13 to 16, 2020.—Sessional Paper No. 2/43-826.

Question Period

The Senate proceeded to Question Period.


A point of order was raised with respect to participation in the hybrid sitting.


At 3 p.m., the sitting was suspended.

At 3:25 p.m., the sitting resumed.

Orders of the Day

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-223, An Act respecting Kindness Week,

And to acquaint the Senate that the Commons has passed this bill, without amendment.


With leave,

The Senate reverted to Senators’ Statements.

An Honourable Senator made a statement.


The Senate resumed debate on the point of order, raised on May 6, 2021, with respect to the content of a written notice of a question of privilege.

After debate,

The Speaker reserved his decision.

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Gold, P.C., for the second reading of Bill S-4, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts.

After debate,

Further debate on the motion was adjourned until the next sitting.

Reports of Committees – Other

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

Motions

Resuming debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Petitclerc:

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

To Her Excellency the Right Honourable Julie Payette, 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 Gagné moved, seconded by the Honourable Senator Gold, P.C., that further debate on the motion be adjourned until the next sitting.

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

Inquiries

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

Other Business

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Moncion, seconded by the Honourable Senator Woo, for the second reading of Bill S-202, An Act to amend the Assisted Human Reproduction Act.

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. 3 was called and postponed until the next sitting.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons with Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Other Business

Senate Public Bills – Second Reading

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).

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

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Galvez, for the second reading of Bill S-208, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation.

After debate,

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

The bill was then read the second time.

The Honourable Senator Pate moved, seconded by the Honourable Senator Ringuette, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Ordered : That Order No. 4, under Senate Public Bills — Second Reading, be again called.

The Senate resumed 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).

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

The bill was then read the second time.

The Honourable Senator Pate moved, seconded by the Honourable Senator Woo, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Orders No. 6 and 7 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Dagenais, for the second reading of Bill S-212, An Act to amend the Criminal Code (disclosure of information by jurors).

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

The bill was then read the second time.

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Plett, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Orders No. 9, 10, 11, 12, 13, 14, 15 and 16 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Woo, for the second reading of Bill S-222, An Act to amend the Income Tax Act (use of resources).

After debate,

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

The bill was then read the second time.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Woo, that the bill be referred to the Standing Senate Committee on National Finance.

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

o o o

Order No. 18 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Seidman, for the second reading of Bill S-225, An Act to amend the Copyright Act (remuneration for journalistic works).

Debate.


Pursuant to rule 3-3(1) and the orders adopted by the Senate on October 27, 2020, and December 17, 2020, 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 Carignan, P.C., seconded by the Honourable Senator Seidman, for the second reading of Bill S-225, An Act to amend the Copyright Act (remuneration for journalistic works).

After debate,

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

The bill was then read the second time.

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Seidman, that the bill be referred to the Standing Senate Committee on Transport and Communications.

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

o o o

Orders No. 20, 21 and 22 were called and postponed until the next sitting.

o o o

Second reading of Bill S-229, An Act respecting the development of a national strategy for the decriminalization of illegal substances, to amend the Controlled Drugs and Substances Act and to make consequential amendments to other Acts.

The Honourable Senator Boniface moved, seconded by the Honourable Senator Woo, 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

Orders No. 24, 25, 26 and 27 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Seidman, for the second reading of Bill C-218, An Act to amend the Criminal Code (sports betting).

Debate.


Ordered: That the sitting continue past the time of adjournment set by the orders of October 27, 2020, and December 17, 2020, until the completion of deliberations on Bill C-218 at second reading today.


The Senate resumed debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Seidman, for the second reading of Bill C-218, An Act to amend the Criminal Code (sports betting).

After debate,

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

The bill was then read the second time.

The Honourable Senator Wells moved, seconded by the Honourable Senator Martin, that the bill be referred to the Standing Senate Committee on Banking, Trade and Commerce.

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

ADJOURNMENT

At 9:20 p.m., pursuant to the orders adopted by the Senate on October 27, 2020, December 17, 2020, and earlier today, the Senate adjourned until 2 p.m., tomorrow.

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

Summaries of the Corporate Plan for the period 2020-21 to 2024-25 and of the Operating and Capital Budgets for 2020-21 to 2024-25 of The Jacques Cartier and Champlain Bridges Incorporated, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 2/43-814.

Report of the Federal Public Sector Labour Relations and Employment Board on the administration of the Federal Public Sector Labour Relations and Employment Board Act for the fiscal year ended March 31, 2020, pursuant to the Act, S.C. 2013, c. 40, s. 365 “42”.—Sessional Paper No. 2/43-815.

Report of the Federal Public Sector Labour Relations and Employment Board on the administration of Part III of the Parliamentary Employment and Staff Relations Act and Part II of the Canada Labour Code for the fiscal year ended March 31, 2020, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 88.7.—Sessional Paper No. 2/43-816.

Report of the Federal Public Sector Labour Relations and Employment Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2020, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 2/43-817.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled The Collection of GST from Foreign-Based Sellers on Goods Sold to Canadian Residents from Canadian Fulfillment Warehouses, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-818.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Tax on Unproductive Use of Canadian Housing by Foreign Non-resident Owners, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-819.

Interim Order No. 28 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. 2/43-820.

Report of Operations under the International River Improvements Act for the year 2020, pursuant to the Act, R.S.C. 1985, c. I-20, s. 51.—Sessional Paper No. 2/43-821.

Amendment to the Agreement for RCMP policing services (First Nations Community Policing Service) for the province of Prince Edward Island, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985, c. R-10, sbs. 20(5).—Sessional Paper No. 2/43-822.

Report of the Parliamentary Budget Officer entitled Federal Spending on First Nations and Inuit Health Care, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-823.

Legislative Costing Notes of the Office of the Parliamentary Budget Officer entitled Rate Reduction for Zero-Emission Technology Manufacturers and Luxury goods sales tax, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 2/43-824.

Special report of the Information Commissioner about Immigration, Refugees and Citizenship Canada entitled Access at Issue: Challenging the status quo, pursuant to the Access to Information Act, R.S.C. 1985, c. A-1, sbs 39(1).—Sessional Paper No. 2/43-825.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Stewart Olsen was added to the membership (May 11, 2021).

The Honourable Senator Plett was removed from the membership of the committee, substitution pending (May 11, 2021).

The Honourable Senator Plett replaced the Honourable Senator Stewart Olsen (May 11, 2021).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Dagenais replaced the Honourable Senator Tannas (May 10, 2021).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Simons replaced the Honourable Senator Keating (May 14, 2021).

The Honourable Senator Keating replaced the Honourable Senator Simons (May 13, 2021).

The Honourable Senator Boyer replaced the Honourable Senator Pate (May 13, 2021).

The Honourable Senator Pate replaced the Honourable Senator Boyer (May 11, 2021).

The Honourable Senator Simons replaced the Honourable Senator Keating (May 11, 2021).

Standing Senate Committee on National Finance

The Honourable Senator Galvez replaced the Honourable Senator Pate (May 25, 2021).

The Honourable Senator Pate replaced the Honourable Senator Galvez (May 25, 2021).

The Honourable Senator Boehm replaced the Honourable Senator Moncion (May 21, 2021).

The Honourable Senator Moncion replaced the Honourable Senator Boehm (May 17, 2021).

The Honourable Senator Galvez replaced the Honourable Senator Pate (May 11, 2021).

The Honourable Senator Pate replaced the Honourable Senator Galvez (May 10, 2021).

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