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Previous Sittings

Journals of the Senate

71 Elizabeth II , A.D. 2022, Canada

1st Session, 44th Parliament

Issue 22 (Unrevised)

Tuesday, March 1, 2022
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneGriffinHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWetstonWhiteWooYussuff

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 Omidvar, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s third report (Bill C-12, An Act to amend the Old Age Security Act (Guaranteed Income Supplement), without amendment).

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

Introduction and First Reading of Senate Public Bills

The Honourable Senator Ringuette introduced Bill S-239, An Act to amend the Criminal Code (criminal interest rate).

The bill was read the first time.

The Honourable Senator Ringuette 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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Pursuant to the order adopted December 7, 2021, the Honourable Senator Gagné informed the Senate that Question Period with the Honourable Steven Guilbeault, P.C., M.P., Minister of Environment and Climate Change, will take place on Thursday, March 3, 2022, at 3 p.m.

Government Business

Bills – Second Reading

Second reading of Bill S-4, An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures).

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

After debate,

The Honourable Senator Wells 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

Second reading of 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 Honourable Senator Kutcher moved, seconded by the Honourable Senator Duncan, that the bill be read the second time.

After debate,

The Honourable Senator Wells 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

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson, for the second reading of Bill C-10, An Act respecting certain measures related to COVID-19.

After debate,

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

The bill was then read the second time.

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

Motions

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

o o o

Resuming debate on the motion of the Honourable Senator Gold, P.C., 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).

After debate,

The Honourable Senator Tannas moved, seconded by the Honourable Senator Wallin:

That, pursuant to rule 5-7(b), the question under debate be referred to the Standing Senate Committee on Legal and Constitutional Affairs for examination and report; and

That the committee submit its final report no later than March 31, 2022.

After debate,

The Honourable Senator Quinn moved, seconded by the Honourable Senator Downe, that further debate on the motion be adjourned until the next sitting.

The question being put on the motion, it was negatived on the following vote:

YEAS

The Honourable Senators

BlackCampbellDagenaisDowneGriffinMarshallMcPhedranQuinnRichardsTannasVernerWallinWhite—13

NAYS

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBoehmBoisvenuBonifaceBoveyBoyerBussonClementCordyCormierCotterCoyleDalphondDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldHarderHousakosKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldMarwahMassicotteMcCallumMégieMercerMiville-DechêneMoncionOmidvarPatePlettPoirierRinguetteSaint-GermainSeidmanSimonsSmithSorensenWellsWetstonWooYussuff—62

ABSTENTIONS

The Honourable Senators

Nil


Pursuant to rule 3-3(1) and the order adopted by the Senate on November 25, 2021, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Motions

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., 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).

And on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Wallin:

That, pursuant to rule 5-7(b), the question under debate be referred to the Standing Senate Committee on Legal and Constitutional Affairs for examination and report; and

That the committee submit its final report no later than March 31, 2022.

The question being put on the motion, it was adopted on the following vote:

YEAS

The Honourable Senators

AndersonArnotAudetteBellemareBernardBlackBoehmBonifaceBoveyBussonClementCordyCormierCoyleDalphondDeacon (Nova Scotia)DowneDuncanDupuisForestFrancisGalvezGerbaGignacGriffinKutcherLankinLoffredaLovelace NicholasMarshallMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOmidvarPateQuinnRinguetteSaint-GermainSimonsSorensenTannasVernerWetstonWhiteWoo—50

NAYS

The Honourable Senators

AtaullahjanBattersBoisvenuGagnéGoldHarderHousakosKlyneLaBoucane-BensonMacDonaldManningOhPlettPoirierSeidmanSmithWellsYussuff—18

ABSTENTIONS

The Honourable Senators

CotterWallin—2

o o o

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, 2022; 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, and that rules 12-18(1) and 12-18(2) be suspended in relation thereto.

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

Inquiries

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

Other Business

Ordered, That motion No. 48 standing in the name of the Honourable Senator Deacon (Nova Scotia) on the Notice Paper be brought forward.

The Honourable Senator Deacon (Nova Scotia) moved, seconded by the Honourable Senator Kutcher:

That the Senate adopt the following Environmental and Sustainability Policy Statement, to replace the 1993 Senate Environmental Policy, adopted by the Standing Committee on Internal Economy, Budgets and Administration:

“SENATE OF CANADA ENVIRONMENTAL AND SUSTAINABILITY POLICY STATEMENT

OBJECTIVE

The Senate of Canada is committed to reducing the Senate’s carbon footprint to net zero by 2030 and to implement sustainable practices in its operations. Achieving this goal requires a whole-of-organization approach which prioritizes reduction of outputs and utilizes standard-leading emission offsets. The road to net zero will include quantifiable regular reporting on progress towards target. These actions are to demonstrate leadership as an institution on climate action, to encourage accountability of federal institutions and to inform the legislative process.

PRINCIPLES

The Senate is committed to achieving its objective through adherence to the following principles:

1.Serve as a model of environmental leadership in accordance with the best practices of international, federal, provincial and municipal environmental laws, regulations, standards and guidelines where applicable;

2.Integrate a robust accountability framework into the operating planning cycle. This includes benchmarking, tracking and applying results-based management to achieve continuous improvement in environmental performance, in accordance with the best practices of accountability frameworks of internationally recognized standards. Progress should be reported publicly on a regular basis to the Standing Committee on Internal Economy, Budgets and Administration (CIBA).

3.Require environmentally conscious acquisition of goods and services that incorporates: the purchase of environmentally responsible products and services; the selection of innovative suppliers demonstrating environmentally sound business practices; and the setting of environmental requirements in requests for proposals.

4.Reduce the environmental impact of activities by using resources more efficiently, with a focus on the reduction of outputs throughout the Senate’s operations.

5.Incentivize and enhance environmental awareness throughout the Senate through education and support, while recognizing and incorporating environmental actions undertaken by Senate employees and senators.

6.Operate facilities and conduct activities of the Senate in a sustainable manner with a view to preventing pollution and reducing waste. Consider environmental impacts and implications when planning projects and activities.

7.Develop and implement tools that promote and integrate environmental considerations into day-to-day operations of the Senate to encourage Senators and Senate employees to make environmentally friendly decisions within their activities and tasks.”;

That the Standing Committee on Internal Economy, Budgets and Administration examine the feasibility of implementing programs to establish:

(a)an accountability framework and annual reporting cycle;

(b)the promotion of climate-friendly transportation policies and reduced travel;

(c)enhanced recycling and minimizing waste;

(d)a digital-first approach and reduction in printing;

(e)support from central agencies to allow the Senate to charge carbon offsets as part of operating a sustainable Senate; and

(f)a process for senators and their offices to propose environmental and sustainability recommendations; and

That the Standing Committee on Internal Economy, Budgets and Administration acquire any necessary goods and services to examine the feasibility or to implement these recommendations.

After debate,

The Honourable Senator Wells 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.

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6 and 7 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 Audette, for the second reading of Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets.

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 Audette, that the bill be referred to the Standing Senate Committee on Foreign Affairs and International Trade.

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

o o o

Order No. 9 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 Housakos, for the second reading of Bill S-220, An Act to amend the Languages Skills Act (Governor General).

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Ringuette, 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. 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 Black, seconded by the Honourable Senator Griffin, for the second reading of Bill S-227, An Act to establish Food Day in Canada.

Debate.

ADJOURNMENT

At 9 p.m., pursuant to the order adopted by the Senate on November 25, 2021, the Senate adjourned until 2 p.m., tomorrow.

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

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Volunteer Firefighters and Search and Rescue Volunteers Tax Credit Enhancement, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-519.

Report of the Office of the Parliamentary Budget Officer entitled Supplementary Estimates (C) 2021-22, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-520.

Report of the Office of the Parliamentary Budget Officer entitled Economic and Fiscal Outlook – March 2022, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-521.

Copy of the Directive to Export Development Canada in respect of financial assistance to Ukraine (P.C. 2022-179), pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4).—Sessional Paper No. 1/44-522.

Interim Order No. 3 Respecting the Importation and Sale of Medical Devices for Use in Relation to COVID-19, pursuant to the Food and Drugs Act, R.S.C. 1985, c. F-27, sbs. 30.1(6) and (7).—Sessional Paper No. 1/44-523.

Revised summaries of the amended Corporate Plan for 2021-25 and of the amended Capital Budget for 2021 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/44-524.

Estimates for the year 2022-23, Parts I and II: The Government Expenditure Plan and Main Estimates.—Sessional Paper No. 1/44-525.

Copies of the Regulations Amending the Special Economic Measures (Ukraine) Regulations (P.C. 2022-174 and P.C. 2022-176), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-526.

Copies of the Regulations Amending the Special Economic Measures (Russia) Regulations (P.C. 2022-173, P.C. 2022-175, P.C. 2022-180 and P.C. 2022-181), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-527.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Ataullahjan replaced the Honourable Senator Martin (March 1, 2022).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Ringuette replaced the Honourable Senator Petitclerc (March 1, 2022).

The Honourable Senator Plett was added to the membership (February 25, 2022).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator McPhedran replaced the Honourable Senator McCallum (March 1, 2022).

The Honourable Senator McCallum replaced the Honourable Senator McPhedran (February 28, 2022).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Kutcher replaced the Honourable Senator Deacon (Ontario) (February 28, 2022).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Boniface replaced the Honourable Senator Deacon (Ontario) (March 1, 2022).

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Boniface (February 25, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Mégie replaced the Honourable Senator Lankin, P.C. (March 1, 2022).

The Honourable Senator McCallum replaced the Honourable Senator Petitclerc (March 1, 2022).

The Honourable Senator Dasko replaced the Honourable Senator Mégie (March 1, 2022).

The Honourable Senator Verner, P.C., replaced the Honourable Senator Griffin (February 28, 2022).

The Honourable Senator Mégie replaced the Honourable Senator Dasko (February 28, 2022).

The Honourable Senator Griffin replaced the Honourable Senator Quinn (February 25, 2022).

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