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Journals of the Senate

71 Elizabeth II , A.D. 2022, Canada

1st Session, 44th Parliament

Issue 16 (Unrevised)

Wednesday, February 9, 2022
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithTannasVernerWallinWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithTannasVernerWallinWellsWetstonWhiteWooYussuff

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

Government Notices of Motions

With leave of the Senate,

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

That, if required, Question Period today be suspended to permit the Minister of Health to participate in a vote in the House of Commons;

That today’s sitting continue beyond 4 p.m., if required, until the conclusion of Question Period; and

That committees scheduled to meet today be authorized to meet after 4 p.m., even though the Senate may then be sitting, with rule 12-18(1) being suspended in relation 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-5, An Act to amend the Canadian Environmental Protection Act, 1999, to make related amendments to the Food and Drugs Act and to repeal the Perfluorooctane Sulfonate Virtual Elimination 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.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Jaffer introduced Bill S-235, An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act.

The bill was read the first time.

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

Orders of the Day

Government Business

Motions

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

Whereas on October 21, 1880, the Government of Canada entered into a contract with the Canadian Pacific Railway Syndicate for the construction of the Canadian Pacific Railway;

Whereas, by clause 16 of the 1880 Canadian Pacific Railway contract, the federal government agreed to give a tax exemption to the Canadian Pacific Railway Company;

Whereas, in 1905, the Parliament of Canada passed the Saskatchewan Act, which created the Province of Saskatchewan;

Whereas section 24 of the Saskatchewan Act refers to clause 16 of the 1880 Canadian Pacific Railway Contract;

Whereas the Canadian Pacific Railway was completed on November 6, 1885, with the Last Spike at Craigellachie, and has been operating as a going concern for 136 years;

Whereas, the Canadian Pacific Railway Company has paid applicable taxes to the Government of Saskatchewan since the Province was established in 1905;

Whereas it would be unfair to the residents of Saskatchewan if a major corporation were exempt from certain provincial taxes, casting that tax burden onto the residents of Saskatchewan;

Whereas it would be unfair to other businesses operating in Saskatchewan, including small businesses, if a major corporation were exempt from certain provincial taxes, giving that corporation a significant competitive advantage over those other businesses, to the detriment of farmers, consumers and producers in the Province;

Whereas it would not be consistent with Saskatchewan’s position as an equal partner in Confederation if there were restrictions on its taxing powers that do not apply to other provinces;

Whereas on August 29, 1966, the then President of the Canadian Pacific Railway Company, Ian D. Sinclair, advised the then federal Minister of Transport, Jack Pickersgill, that the Board of the Canadian Pacific Railway Company had no objection to constitutional amendments to eliminate the tax exemption;

Whereas section 43 of the Constitution Act, 1982 provides that an amendment to the Constitution of Canada may be made by proclamation issued by the Governor General under the Great Seal of Canada where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Legislative Assembly of Saskatchewan, on November 29, 2021, adopted a resolution authorizing an amendment to the Constitution of Canada;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by Her Excellency the Governor General under the Great Seal of Canada in accordance with the annexed schedule.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.Section 24 of the Saskatchewan Act is repealed.

2.The repeal of section 24 is deemed to have been made on August 29, 1966, and is retroactive to that date.

CITATION

3.This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Saskatchewan Act).

Debate.

Question Period

Pursuant to the order adopted on December 7, 2021, the Senate proceeded to Question Period.

The Honourable Jean-Yves Duclos, P.C., M.P., Minister of Health, took part in Question Period.


At 3:28 p.m., the sitting was suspended.

At 3:30 p.m., the sitting resumed.

Question Period

The Senate resumed Question Period.

ADJOURNMENT

At 4:05 p.m., pursuant to the orders adopted by the Senate on November 25, 2021, 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)

Actuarial Report (including certification of assets) on the Public Service Death Benefit Account as at March 31, 2020, pursuant to the Public Service Superannuation Act, R.S.C. 1985, c. P-36, sbs. 59(1).—Sessional Paper No. 1/44-444.

Actuarial Report on the Pension Plan for the Public Service of Canada, as at March 31, 2020, and certification of assets of the Pension Plan, pursuant to the Public Pension Reporting Act, R.S.C. 1985, c. 13 (2nd Supp.), sbs. 9(1).—Sessional Paper No. 1/44-445.

Summary of the 2021–25 Corporate Plan and 2021 Operating and Capital Budgets Via Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/44-446.

WRITTEN REPLIES TO ORAL QUESTIONS AND TO WRITTEN QUESTIONS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO THE ORDER ADOPTED NOVEMBER 25, 2021

Response to the oral question asked in the Senate on November 24, 2021, by the Honourable Senator Plett, concerning support for farmers and producers.—Sessional Paper No. 1/44-447S.

Response to the oral question asked in the Senate on December 1, 2021, by the Honourable Senator Housakos, concerning recovery of fraudulent COVID-19 support payments.—Sessional Paper No. 1/44-448S.

Response to the oral question asked in the Senate on December 7, 2021, by the Honourable Senator Patterson, concerning the Indigenous Community Support Fund.—Sessional Paper No. 1/44-449S.

Response to the oral question asked in the Senate on December 8, 2021, by the Honourable Senator Deacon (Nova Scotia), concerning the Pan-Canadian Digital Trust Framework.—Sessional Paper No. 1/44-450S.

Response to the oral question asked in the Senate on December 17, 2021, by the Honourable Senator Mockler, concerning the 2 Billion Trees Program.—Sessional Paper No. 1/44-451S.

Reply to Question No. 9, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Arctic and Offshore Patrol Ship project.—Sessional Paper No. 1/44-452S.

Reply to Question No. 13, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding searches of burial sites at former residential schools.—Sessional Paper No. 1/44-453S.

Reply to Question No. 20 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding Canadian Coast Guard vessels.—Sessional Paper No. 1/44-454S.

Reply to Question No. 25 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the COVID Alert app — Health Canada.—Sessional Paper No. 1/44-455S.

Reply to Question No. 25 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the COVID Alert app – Treasury Board of Canada Secretariat.—Sessional Paper No. 1/44-456S.

Reply to Question No. 49 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding homelessness amongst Canada’s veterans.—Sessional Paper No. 1/44-457S.

Reply to Question No. 52 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding icebreakers — Fisheries and Oceans Canada.—Sessional Paper No. 1/44-458S.

Reply to Question No. 52 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding icebreakers — Public Services and Procurement Canada.—Sessional Paper No. 1/44-459S.

Reply to Question No. 57 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding high-speed internet — Innovation, Science and Economic Development Canada.—Sessional Paper No. 1/44-460S.

Reply to Question No. 57 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding high-speed internet — Public Service Commission of Canada.—Sessional Paper No. 1/44-461S.

Reply to Question No. 74 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Oceans Protection Plan — Fisheries and Oceans Canada.—Sessional Paper No. 1/44-462S.

Reply to Question No. 74 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Oceans Protection Plan — Environment and Climate Change Canada.—Sessional Paper No. 1/44-463S.

Reply to Question No. 74 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Oceans Protection Plan — Transport Canada.—Sessional Paper No. 1/44-464S.

Reply to Question No. 96 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding Canadians who received COVID-19 vaccinations in the United States.—Sessional Paper No. 1/44-465S.

Reply to Question No. 100 dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Vaccine Injury Support Program.—Sessional Paper No. 1/44-466S.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Batters was added to the membership (February 9, 2022).

The Honourable Senator Mockler was removed from the membership of the committee, substitution pending (February 9, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Mégie replaced the Honourable Senator Lankin, P.C. (February 9, 2022).

Standing Senate Committee on Transport and Communications

The Honourable Senator Moncion replaced the Honourable Senator Sorensen (February 9, 2022).

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