The Members convened were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBernardBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Ontario)DeanDowneDuncanForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHartlingHousakosJafferKutcherLaBoucane-BensonLoffredaMacDonaldManningMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionNgoOhOmidvarPatePattersonPetitclercPlettQuinnRavaliaRichardsRinguetteSaint-GermainSimonsSmithSorensenWallinWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBernardBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Ontario)DeanDowneDuncanForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHartlingHousakosJafferKutcherLaBoucane-BensonLoffredaMacDonaldManningMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionNgoOhOmidvarPatePattersonPetitclercPlettQuinnRavaliaRichardsRinguetteSaint-GermainSimonsSmithSorensenWallinWellsWetstonWhiteWooYussuff

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

Ordered: That, notwithstanding any provision of the Rules or previous order, for today’s sitting, tributes to the Honourable Judith Keating, who passed away on July 15, 2021, be 45 minutes, after which the Senate proceed to Routine Proceedings.

Senators’ Statements

Tributes

Tribute was paid to the memory of the Honourable Senator Keating, whose death occurred on July 15, 2021.

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The Senate observed a minute of silence in memory of the Honourable Judith Keating.

ROUTINE PROCEEDINGS

With leave of the Senate,

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

That, notwithstanding any provision of the Rules, for today’s sitting, Routine Proceedings extend beyond 30 minutes, until the end of business related thereto.

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-2, An Act to amend the Parliament of Canada Act and to make consequential and related amendments to other Acts.

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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator McPhedran introduced Bill S-201, An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age).

The bill was read the first time.

The Honourable Senator McPhedran moved, seconded by the Honourable Senator Brazeau, 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.

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The Honourable Senator Bovey introduced Bill S-202, An Act to amend the Parliament of Canada Act (Parliamentary Visual Artist Laureate).

The bill was read the first time.

The Honourable Senator Bovey moved, seconded by the Honourable Senator Cordy, 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.

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The Honourable Senator Housakos introduced Bill S-203, An Act respecting a federal framework on autism spectrum disorder.

The bill was read the first time.

The Honourable Senator Housakos moved, seconded by the Honourable Senator White, 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.

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The Honourable Senator Housakos introduced Bill S-204, An Act to amend the Customs Tariff (goods from Xinjiang).

The bill was read the first time.

The Honourable Senator Housakos moved, seconded by the Honourable Senator White, 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.

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The Honourable Senator Boisvenu introduced Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders).

The bill was read the first time.

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Patterson, 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.

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The Honourable Senator Boisvenu introduced Bill S-206, An Act to amend the Criminal Code (disclosure of information by jurors).

The bill was read the first time.

The Honourable Senator Boisvenu moved, seconded by the Honourable Senator Patterson, 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.

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The Honourable Senator Dalphond introduced Bill S-207, An Act to change the name of the electoral district of Châteauguay—Lacolle.

The bill was read the first time.

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Cordy, 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.

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The Honourable Senator Bovey introduced Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada.

The bill was read the first time.

The Honourable Senator Bovey moved, seconded by the Honourable Senator Dawson, 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.

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The Honourable Senator Mégie introduced Bill S-209, An Act respecting Pandemic Observance Day.

The bill was read the first time.

The Honourable Senator Mégie moved, seconded by the Honourable Senator Loffreda, 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.

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The Honourable Senator Miville-Dechêne introduced Bill S-210, An Act to restrict young persons’ online access to sexually explicit material.

The bill was read the first time.

The Honourable Senator Miville-Dechêne moved, seconded by the Honourable Senator McCallum, 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.

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The Honourable Senator Miville-Dechêne introduced Bill S-211, An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff.

The bill was read the first time.

The Honourable Senator Miville-Dechêne moved, seconded by the Honourable Senator McCallum, 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.

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The Honourable Senator Pate introduced Bill S-212, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation.

The bill was read the first time.

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

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The Honourable Senator Jaffer introduced Bill S-213, An Act to amend the Criminal Code (independence of the judiciary).

The bill was read the first time.

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

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The Honourable Senator Jaffer introduced Bill S-214, An Act to establish International Mother Language Day.

The bill was read the first time.

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

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The Honourable Senator Moncion introduced Bill S-215, An Act respecting measures in relation to the financial stability of post-secondary institutions.

The bill was read the first time.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Omidvar, 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.

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The Honourable Senator Omidvar introduced Bill S-216, An Act to amend the Income Tax Act (use of resources of a registered charity).

The bill was read the first time.

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

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The Honourable Senator Omidvar introduced Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets.

The bill was read the first time.

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

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The Honourable Senator McCallum introduced Bill S-218, An Act to amend the Department for Women and Gender Equality Act.

The bill was read the first time.

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

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The Honourable Senator McCallum introduced Bill S-219, An Act respecting a National Ribbon Skirt Day.

The bill was read the first time.

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

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The Honourable Senator Carignan, P.C., introduced Bill S-220, An Act to amend the Languages Skills Act (Governor General).

The bill was read the first time.

The Honourable Senator Carignan, P.C., 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.

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The Honourable Senator Carignan, P.C., introduced Bill S-221, An Act to amend the Governor General’s Act (retiring annuity and other benefits).

The bill was read the first time.

The Honourable Senator Carignan, P.C., 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.

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The Honourable Senator Griffin introduced Bill S-222, An Act to amend the Department of Public Works and Government Services Act (use of wood).

The bill was read the first time.

The Honourable Senator Griffin 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.

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The Honourable Senator Ataullahjan introduced Bill S-223, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs).

The bill was read the first time.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Boisvenu, 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.

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The Honourable Senator Ataullahjan introduced Bill S-224, An Act to amend the Criminal Code (trafficking in persons).

The bill was read the first time.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Boisvenu, 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.

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The Honourable Senator Ataullahjan introduced Bill S-225, An Act to amend the Prohibiting Cluster Munitions Act (investments).

The bill was read the first time.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Boisvenu, 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.

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With leave of the Senate,

The Honourable Senator Cordy introduced, for the Honourable Senator Mercer, Bill S-226, An Act to amend the Constitution Act, 1867 and the Parliament of Canada Act (Speaker of the Senate).

The bill was read the first time.

The Honourable Senator Cordy moved, for the Honourable Senator Mercer, seconded by the Honourable Senator Bovey, 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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Motions

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

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The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.as soon as practicable after the adoption of this order the Senate begin to hold hybrid sittings, with all senators able to participate in sittings either from the Senate Chamber or through an approved videoconference technology to be determined from time to time by the Speaker after consulting with the leaders and facilitators, with the provisions of this order applying until hybrid sittings cease, and during the time this order is in effect, the Senate Administration continue to implement a system to allow senators in the Senate Chamber to see, on screen, the senators participating by videoconference;

2.the Speaker, after consulting the leaders and facilitators, determine the date on which such hybrid sittings shall commence;

3.hybrid sittings of the Senate be considered, for all purposes, proceedings of the Senate, with senators participating in such sittings by videoconference from a designated office or designated residence within Canada being considered, for all purposes, including quorum, present at the sitting; the sitting being considered to take place in the parliamentary precinct; and times specified in the Rules or this or any other order being Ottawa times;

4.subject to variations that may be required by the circumstances, to participate in hybrid sittings of the Senate by videoconference senators must:

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

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

(c)be the only people visible on the videoconference from an active video feed, other than those in the Senate Chamber; and

(d)except while the bells are ringing for a vote:

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

(ii)leave the videoconference if they leave their seat;

5.the Senate recognize that, except as provided in this order, there should generally be parity of treatment among all senators attending in person and those attending by videoconference during hybrid sittings of the Senate and that proceedings should follow usual procedures, subject to such variations required for technical reasons as may be directed by the Speaker, subject to appeal to the Senate if technically feasible;

6.senators participating in hybrid sittings of the Senate by videoconference need not stand;

7.without restricting the operation of rule 3-6 and the right of senators to move a motion to adjourn the Senate as allowed under the Rules, without affecting requirements in certain circumstances that the Senate continue sitting after receipt of a message from the Crown or the announcement that a message is anticipated, and except as otherwise provided in this order:

(a)when the Senate sits on a Monday, the provisions of rule 3-3(1) be suspended and the sitting:

(i)start at 6 p.m.; and

(ii)adjourn at the earlier of the end of Government Business or 9 p.m.;

(b)when the Senate sits on a Tuesday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of business for the day or 9 p.m.;

(c)when the Senate sits on a Wednesday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of Government Business or 4 p.m.;

(d)when the Senate sits on a Thursday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of business for the day or 9 p.m.; and

(e)when the Senate sits on a Friday, the sitting:

(i)start at 10 a.m.; and

(ii)adjourn at the earlier of the end of Government Business or 4 p.m.;

8.the Speaker be authorized to suspend the sitting of the Senate as required for technical and other reasons, and the microphones of senators participating by videoconference shall be muted during any suspension;

9.the Speaker be authorized to direct that the sitting of the Senate be adjourned for technical reasons, provided that this direction be subject to appeal if technically feasible;

10.the times provided for adjournment of the sitting in paragraph 7 be considered the ordinary time of adjournment for the purposes of the Rules, and, for greater certainty, any provisions of the Rules permitting the continuation of the sitting beyond that time in certain circumstances continue to apply, provided that if the provisions of paragraph 9 are invoked when an item that would allow the Senate to continue beyond the ordinary time of adjournment is under consideration, that item of business shall, except in the case of an emergency debate and subject to the provisions of rule 4-13(3), be dealt with at the start of the Orders of the Day of the next following sitting;

11.on the first day of debate on a motion moved in relation to a case of privilege, debate may be adjourned, even if normally prohibited under rule 13-6(6);

12.the evening suspension provided for in rule 3-3(1) end at 7 p.m.;

13.when the Senate sits on a day other than a Friday, any provision of the Rules requiring that something take place at 8 p.m. be read as if the time therein were 7 p.m.;

14.the Senate recognize the importance of providing the Speaker with information necessary to allow him to assist with the orderly conduct of business in hybrid sittings, and therefore, subject to normal confidentiality practices, strongly encourage all senators:

(a)to advise their party or group representatives, or the Clerk of the Senate or his delegate, as far in advance as possible, if they intend to intervene during the sitting; and

(b)to provide the Clerk of the Senate or his delegate, as far in advance as possible with an electronic copy in English and French of any amendment, subamendment, notice of motion, notice of inquiry, committee report to be tabled or presented, bill to be introduced, or any other document required for the sitting as far in advance as possible;

15.a senator who has provided an advance copy of a document under subparagraph 14(b) be considered to have fulfilled any obligation to provide a signed copy of that document;

16.the following provisions have effect in relation to voting during hybrid sittings of the Senate:

(a)only senators present in the Senate Chamber shall participate in:

(i)the procedure for a voice vote; and

(ii)the determination as to whether leave is granted for bells of less than 60 minutes;

(b)to be one of the senators requesting a standing vote, a senator participating by videoconference must clearly indicate this request, but need not stand;

(c)rule 9-7(1)(c) shall be read as follows:

“(c) then:

(i) ask the “yeas” in the Senate Chamber to rise for their names to be called;

(ii) ask the “yeas” participating by videoconference to hold up the established card for voting “yea” for their names to be called;

(iii) ask the “nays” in the Senate Chamber to rise for their names to be called;

(iv) ask the “nays” participating by videoconference to hold up the established card for voting “nay” for their names to be called;

(v) ask those who are abstaining in the Senate Chamber to rise for their names to be called; and

(vi) ask those who are abstaining and participating by videoconference to hold up the established card for abstaining for their names to be called.”;

(d)when a standing vote is underway, senators participating by videoconference must have their camera on for the duration of the vote and each senator must be seen on camera when voting;

(e)except as provided in subparagraph (h), if a vote is deferred pursuant to rule 9-10, it shall be held at 3:30 p.m. on the next day the Senate sits, after a 15-minute bell, interrupting any proceedings then underway, except another vote or the bells for a vote;

(f)except as provided in subparagraph (h), if a vote is deferred pursuant to rule 4-6(1), it shall be held at 3:30 p.m. on the same day, after a 15-minute bell, interrupting any proceedings then underway, except another vote or the bells for a vote;

(g)except as provided in subparagraph (h), in the case of votes deferred pursuant to other provisions of the Rules, the usual processes for such votes shall hold, with the sitting being suspended, if necessary, at the end of the time otherwise provided for the end of the sitting pursuant to this order; and

(h)if a deferred vote is to be held on a Monday, it shall be held at the end of Question Period, after a 15-minute bell;

17.for greater certainty, leave be considered granted during hybrid sittings of the Senate when requested, unless the Speaker, after a sufficient period of time, hears an objection from a senator, either in the Senate Chamber or participating by videoconference;

18.from the time of the adoption of this order:

(a)any return, report or other paper deposited with the Clerk of the Senate pursuant to rule 14-1(6), may be deposited electronically;

(b)the government be authorized to deposit electronically with the Clerk of the Senate any documents relating to its administrative responsibilities, following the process of rule 14-1(6);

(c)written replies to oral questions and to written questions may be deposited with the Clerk of the Senate electronically following the process of rule 14-1(6), provided that written replies to oral questions be published as an appendix to the Debates of the Senate of the day on which the tabling is recorded in the Journals of the Senate; and

(d)written replies to oral questions deposited electronically with the Clerk of the Senate shall be distributed to all senators;

19.from the time of the adoption of this order, Senate committees have the power to hold hybrid meetings;

20.for greater certainty, and without limiting the general authority granted by this order, when a committee holds a hybrid meeting:

(a)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 the utmost caution and all necessary precautions, taking account of the risks to the confidentiality of in camera proceedings inherent in such technologies;

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

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

(b)use a desktop or laptop computer and a headset 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;

22.if a committee holds a hybrid meeting in public, 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 such a meeting cannot be broadcast live, the committee be considered to have fulfilled any obligations under the Rules relating to public meetings by making any available recording publicly available as soon as possible thereafter; and

23.the terms of this order cease to have effect, and hybrid sittings of the Senate and hybrid meetings of Senate committees cease, at the end of the day on March 31, 2022.

After debate,

The Honourable Senator Wells moved, for the Honourable Senator Plett, seconded by the Honourable Senator Smith, that further debate on the motion 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 4:07 p.m., the Senate was continued until tomorrow at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Oh replaced the Honourable Senator Seidman (November 24, 2021).

The Honourable Senator Seidman replaced the Honourable Senator Wells (November 24, 2021).

The Honourable Senator Duncan was added to the membership (November 24, 2021).

The Honourable Senator Wells replaced the Honourable Senator Seidman (November 23, 2021).