Journals of the Senate
71 Elizabeth II , A.D. 2022, Canada
1st Session, 44th Parliament
Issue 57 (Unrevised)
Tuesday, June 21, 2022
2 p.m.
The Honourable GEORGE J. FUREY, Speaker
The Members convened were:
The Honourable Senators
ArnotAtaullahjanAudetteBattersBellemareBlackBoehmBoisvenuBoveyBussonCarignanChristmasClementCordyCormierCotterCoyleDagenaisDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasWallinWellsWhiteWooYussuff
The Members in attendance to business were:
The Honourable Senators
ArnotAtaullahjanAudetteBattersBellemareBlackBoehmBoisvenuBoveyBussonCarignanChristmasClementCordyCormierCotterCoyleDagenais*DalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasWallinWellsWhiteWooYussuff
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 Mockler presented the following:
Tuesday, June 21, 2022
The Standing Senate Committee on National Finance has the honour to present its
SIXTH REPORT
Your committee, to which was referred Bill C-19, An Act to implement certain provisions of the budget tabled in Parliament on April 7, 2022 and other measures, has, in obedience to the order of reference of June 14, 2022, examined the said bill and now reports the same without amendment but with observations, which are appended to this report.
Respectfully submitted,
PERCY MOCKLER
Chair
Observations to the sixth report of the Standing Senate Committee on National Finance (Bill C-19)
Disability Tax Credit
Our committee welcomes the expansion of eligibility for the disability tax credit. We believe that the disability tax credit, in its current form, is inadequate in the amount of benefits it provides and the number of people it covers, especially with rapidly rising living costs. Specifically, as the disability tax credit is currently a non-refundable tax credit, many Canadians with disabilities cannot benefit from it as they have little to no taxable income. Therefore, to provide immediate relief, our committee strongly recommends that the government consider making the disability tax credit a refundable tax credit.
Provisions Related to Charities
Our committee heard that the charitable sector is supportive of the qualifying disbursement provisions proposed in Bill C-19 and the amendments passed in the House of Commons. However, we heard concerns from stakeholders about the amendment aiming to prevent directed giving and its potential impact on the common practice of pooled funding. Our committee urges the government to engage with the charitable sector during the development of guidance on directed giving to ensure that the new rules are applied appropriately.
Select Luxury Items Tax
After hearing from groups, notably the Aerospace Industries Association of Canada and the National Marine Manufacturers Association, our committee was surprised to learn that the government has not studied the economic impacts of the proposed tax, including on business activity and employment in these sectors.
Our committee therefore recommends that, prior to implementing this tax, the Department of Finance conduct such a study and that it inform our committee of the results, including its consultations with the impacted sectors.
In addition, should this tax be found to have a negative impact on business activity and/or employment in these sectors, we would urge the government to react quickly and take mitigating measures including, if necessary, doing away with the tax altogether.
Income Tax Act
Our committee notes with concern that Bill C-19 includes a large number of highly technical amendments to the Income Tax Act, further complicating the entirety of the Act, and making it seriously difficult for Canadians, including tax experts, to understand how it affects them. The committee is further concerned about the lack of a comprehensive review of the entire Income Tax Act as recommended by this committee in the 42nd Parliament, the Senate Prosperity Action Group, the House of Commons Standing Committee on Finance, and many other groups, such as the Chartered Professional Accountants of Canada.
Reports From Other Senate Committees
Our committee would like to bring to the government’s attention the reports released by six other Senate committees on the subject matter of Bill C-19 and we urge the government to consider the observations made by these committees:
•The Standing Senate Committee on Foreign Affairs and International Trade;
•The Standing Senate Committee on Banking, Trade and Commerce;
•The Standing Senate Committee on National Security and Defence;
•The Standing Senate Committee on Legal and Constitutional Affairs;
• The Standing Senate Committee on Social Affairs, Science and Technology; and
•The Standing Senate Committee on Aboriginal Peoples.
Government Responses
Finally, guided by the principles of transparency, accountability, predictability and reliability in fulfilling its mandate, our committee provided these observations. We encourage the government to give careful consideration and provide responses to our observations at the earliest opportunity.
The Honourable Senator Moncion moved, seconded by the Honourable Senator Pate, 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.
Tabling of Reports from Interparliamentary Delegations
The Honourable Senator Cordy tabled the following:
Report of the Canadian NATO Parliamentary Association, Joint Meeting of the Defence and Security, Economics and Security, and Political Committees, Brussels, Belgium, from February 17 to 19, 2020.—Sessional Paper No. 1/44-915.
Report of the Canadian NATO Parliamentary Association, 66th Annual Session, by videoconference, from November 18 to 23, 2020.—Sessional Paper No. 1/44-916.
Report of the Canadian NATO Parliamentary Association, Spring Session, by videoconference, from May 14 to 17, 2021.—Sessional Paper No. 1/44-917.
Report of the Canadian NATO Parliamentary Association, Halifax International Security Forum, Halifax, Nova Scotia, Canada, from November 19 to 21, 2021.—Sessional Paper No. 1/44-918.
Question Period
The Senate proceeded to Question Period.
Orders of the Day
Government Business
Bills – Third Reading
Resuming debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Bovey, for the third 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), as amended.
After debate,
In amendment, the Honourable Senator Batters moved, seconded by the Honourable Senator Seidman:
That Bill S-4 be not now read a third time, but that it be amended, in clause 46,
(a) on page 21, by deleting lines 4 to 16;
(b) on page 22, by replacing line 5 with the following:
“means, other than a trial for a summary conviction or indictable offence, the court may allow the accused or offender to”.
After debate,
The question being put on the motion in amendment, it was negatived on the following vote:
YEAS
The Honourable Senators
AtaullahjanBattersBlackCarignanDagenaisDeacon (Ontario)DowneHousakosLankinMacDonaldManningMarshallMartinMcCallumOhPatePattersonPlettPoirierQuinnRavaliaSeidmanSmithTannasWallinWellsWhite—27
NAYS
The Honourable Senators
ArnotAudetteBellemareBoehmBoveyBussonChristmasClementCordyCormierCotterCoyleDawsonDeacon (Nova Scotia)DeanDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMarwahMassicotteMégieMoncionOmidvarPetitclercRinguetteSaint-GermainSimonsSorensenWooYussuff—43
ABSTENTIONS
The Honourable Senators
Miville-DechêneMoodie—2
The Senate resumed debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Bovey, for the third 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), as amended.
After debate,
The question being put on the motion, it was adopted, on division.
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.
Third reading of Bill S-9, An Act to amend the Chemical Weapons Convention Implementation Act.
The Honourable Senator Coyle moved, seconded by the Honourable Senator Clement, that the bill be read for a third time.
After debate,
The question being put on the motion, it was adopted.
The bill 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.
Third reading of Bill C-14, An Act to amend the Constitution Act, 1867 (electoral representation).
The Honourable Senator Dawson moved, seconded by the Honourable Senator Klyne, that the bill be read for a third time.
After debate,
The question being put on the motion, it was adopted.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
MESSAGES FROM THE HOUSE OF COMMONS
A message was brought from the House of Commons with Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, 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.
Government Business
Bills – Third Reading
Resuming debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-24, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Resuming debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Gold, P.C., for the third reading of Bill C-25, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2023.
The question being put on the motion, it was adopted, on division.
The bill was then read the third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, without amendment.
Bills – Reports of Committees
Consideration of the third report of the Standing Senate Committee on Energy, the Environment and Natural Resources (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, with amendments and observations), presented in the Senate on June 20, 2022.
The Honourable Senator Massicotte moved, seconded by the Honourable Senator Cormier, that the report be adopted.
After debate,
The question being put on the motion, it was adopted on division.
The Honourable Senator Kutcher moved, seconded by the Honourable Senator Boehm, that the bill, as amended, 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.
Bills – Second Reading
Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Gagné, for the second reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act.
Debate.
COMMITTEE OF THE WHOLE
At 5 p.m., pursuant to the order adopted on June 20, 2022, the Senate was suspended during pleasure and resolved into a Committee of the Whole to consider the subject matter of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), the Honourable Senator Ringuette in the Chair.
—In the Committee—
Pursuant to rule 12-32(4), the Honourable David Lametti, P.C., M.P., Minister of Justice and Attorney General of Canada, accompanied by Carole Morency, Director General and Senior General Counsel, Criminal Law Policy Section and Jay Potter, Senior Counsel, Criminal Law Policy Section, were escorted to seats in the Senate Chamber.
Debate.
It was agreed that the chair report to the Senate that the witnesses have been heard.
The sitting of the Senate resumed.
The Chair of the Committee stated that the Committee had examined the subject matter of Bill C-28, An Act to amend the Criminal Code (self-induced extreme intoxication), and had directed her to report the same to the Senate.
Government Business
Bills – Second Reading
The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Gagné, for the second reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act.
At 6:12 p.m., the sitting was suspended.
At 6:21 p.m., the sitting resumed.
ADJOURNMENT
The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 6:22 p.m., the Senate was continued until tomorrow at 2 p.m.)
DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)
Interim Order No. 65 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. 1/44-912.
Interim Order No. 3 for Civil Aviation Respecting Requirements Related to Vaccination 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. 1/44-913.
Interim Order Respecting Cruise Ship Restrictions and Vaccination Requirements Due to the Coronavirus Disease 2019 (COVID-19), pursuant to the Canada Shipping Act, 2001, S.C. 2001, c. 26, sbs. 10.1(7).—Sessional Paper No. 1/44-914.
Changes in Membership of Committees Pursuant to Rule 12-5
Standing Senate Committee on Human Rights
The Honourable Senator Bernard replaced the Honourable Senator Dawson (June 21, 2022).
The Honourable Senator Hartling replaced the Honourable Senator Jaffer (June 21, 2022).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Pate replaced the Honourable Senator Boyer (June 21, 2022).
Standing Senate Committee on National Finance
The Honourable Senator Galvez replaced the Honourable Senator Moncion (June 21, 2022).
Standing Senate Committee on Official Languages
The Honourable Senator Dalphond replaced the Honourable Senator Gignac (June 21, 2022).
The Honourable Senator Mégie replaced the Honourable Senator Loffreda (June 21, 2022).