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Journals of the Senate

1 Charles III , A.D. 2022, Canada

1st Session, 44th Parliament

Issue 87 (Unrevised)

Thursday, December 1, 2022
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCardozoCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDupuisFrancisFureyGagnéGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)PlettQuinnRavaliaRichardsSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonAtaullahjanBattersBellemareBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCardozoCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowne*DuncanDupuisFrancisFureyGagné*GalvezGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)PlettQuinnRavaliaRichardsSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

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

INTRODUCTION OF SENATORS

The Honourable the Speaker informed the Senate that the Clerk of the Senate had received a certificate from the Registrar General of Canada showing that Margo Greenwood had been summoned to the Senate.

The Honourable the Speaker informed the Senate that there was a senator without waiting to be introduced.

The Honourable Senator Greenwood was introduced between the Honourable Senator Gold, P.C., and the Honourable Senator Boyer, and having presented His Majesty’s Writ of Summons it was read by one of the clerks at the table as follows:

CANADA

Mary May Simon

(G.S.)

Charles the Third, by the Grace of God of the United Kingdom, Canada and His other Realms and Territories KING, Head of the Commonwealth, Defender of the Faith.

TO

Our Trusty and Well-beloved,

MARGO GREENWOOD

An Officer of Our Order of Canada,

of the City of Vernon, in the Province of British Columbia,

GREETING:

KNOW YOU, that as well for the especial trust and confidence We have manifested in you, as for the purpose of obtaining your advice and assistance in all weighty and arduous affairs which may the State and Defence of Canada concern, We have thought fit to summon you to the Senate of Canada.

AND WE do command you, that all difficulties and excuses whatsoever laying aside, you be and appear for the purposes aforesaid, in the Senate of Canada at all times whensoever and wheresoever Our Parliament may be in Canada convoked and holden, and this you are in no wise to omit.

IN TESTIMONY WHEREOF, We have caused these Our Letters to be made Patent and the Great Seal of Canada to be hereunto affixed.

WITNESS:

Our Right Trusty and Well-beloved Mary May Simon, Chancellor and Principal Companion of Our Order of Canada, Chancellor and Commander of Our Order of Military Merit, Chancellor and Commander of Our Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

AT OUR GOVERNMENT HOUSE, in Our City of Ottawa, this tenth day of November in the year of Our Lord two thousand and twenty-two and in the first year of Our Reign.

BY COMMAND,

F.-P. CHAMPAGNE

Registrar General of Canada

The Honourable Senator Greenwood came to the table and took and subscribed the oath prescribed by law, which was administered by the Law Clerk and Parliamentary Counsel, the Commissioner appointed for that purpose, and took her seat as a member of the Senate.

o o o

The Honourable the Speaker informed the Senate that the honourable senator introduced today had made and subscribed the Declaration of Qualification required of her by the Constitution Act, 1867, in the presence of the Law Clerk and Parliamentary Counsel, the Commissioner appointed to receive and witness same.

Senators’ Statements

An Honourable Senator made a statement.

Question Period

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

The Honourable Gudie Hutchings, P.C., M.P., Minister of Rural Economic Development, entered the Senate and took part in Question Period.


At 3:19 p.m., the sitting was suspended.

At 3:21 p.m., the sitting resumed.

Question Period

The Senate resumed Question Period.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Moncion presented the following:

Thursday, December 1, 2022

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

SIXTH REPORT

Your committee, which is authorized by the Rules of the Senate to consider financial and administrative matters, now reports that it has reviewed the Senate Administrative Rules in light of the creation of the Standing Committee on Audit and Oversight and recommends as follows:

1.That the Senate Administrative Rules be amended

(a)in Chapter 2:02

(i)by replacing subsection 2(2) with the following:

“Objective

(2) The Internal Economy Committee shall ensure that the internal administration of the Senate is flexible, fair and transparent, with appropriate policies, suitable service levels and resources, including high quality staff and appropriate reporting mechanisms.”, and

(ii)by adding the following after section 2:

“Audits

2.1 The Internal Economy Committee shall

(a) consider and take appropriate action on any reports resulting from an internal or external audit of the Senate and its accounts; and

(b) approve Senate Administration action plans prepared in response to any internal or external audit of the Senate and its accounts.”; and

(b)in Chapter 3:04, by replacing section 5 with the following:

“Accounts

5. The Internal Economy Committee shall cause a financial statement to be prepared and laid before the Senate.

Auditor General

5.1 The Auditor General of Canada may be invited, by resolution of the Senate, to conduct audits of the Senate and its accounts.”; and

2.That the Law Clerk and Parliamentary Counsel be authorized to make any necessary technical, editorial, grammatical, or other required, non-substantive changes to the Senate Administrative Rules as a result of these amendments, including the updating of cross-references and the renumbering of provisions.

Respectfully submitted,

LUCIE MONCION

Chair

The Honourable Senator Moncion moved, seconded by the Honourable Senator Dupuis, that the report be placed on the Orders of the Day for consideration at the next sitting.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-29, An Act to provide for the establishment of a national council for reconciliation, to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Gagné moved, seconded by the Honourable Senator Dupuis, 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

With leave of the Senate,

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, December 6, 2022, at 2 p.m.

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

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Clement, seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-11, A fourth Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law.

After debate,

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin, that further debate on the motion be adjourned until the next sitting.

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

Reports of Committees – Other

Order No. 7 was called and postponed until the next sitting.

Motions

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

o o o

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2nd Supp.):

-Part II;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following sections of the schedule: 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16) and 85;

3. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

4.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

5.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-subsections 107(1) and (3) and section 109;

6.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

7.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

8. Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

9.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsection 27(2), section 102, subsections 239(2), 322(2) and 392(2);

10.Budget Implementation Act, 2009, S.C. 2009, c. 2:

-sections 394, 399 and 401 to 404;

11.Payment Card Networks Act, S.C. 2010, c. 12, s. 1834:

-sections 6 and 7;

12.An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23:

-sections 47 to 51, 55 and 68, subsection 89(2) and section 90.

13.Financial System Review Act, S.C. 2012, c. 5:

-sections 54 and 56 to 59;

14.An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, S.C. 2012, c. 7:

-subsections 7(2) and 14(2) to (5);

15.Protecting Canada’s Immigration System Act, S.C. 2012, c. 17:

-sections 70 to 77;

16.Jobs, Growth and Long-term Prosperity Act, S.C. 2012, c. 19:

-sections 432, 433, 459, 460, 462 and 463; and

17.Jobs and Growth Act, 2012, S.C. 2012, c. 31:

-sections 361 to 364.

After debate,

The Honourable Senator Cormier moved, for the Honourable Senator Duncan, seconded by the Honourable Senator Miville-Dechêne, 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. 3 and 4 were called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

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

Senate Public Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Miville-Dechêne, for the adoption of the eighth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-210, An Act to restrict young persons' online access to sexually explicit material, with an amendment and observations), presented in the Senate on November 15, 2022.

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

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

Senate Public Bills – Second Reading

Orders No. 1, 2, 3 and 4 were 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 Plett, for the second reading of Bill S-221, An Act to amend the Governor General’s Act (retiring annuity and other benefits).

With leave of the Senate,

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Dean, 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. 6, 7, 8, 9, 10, 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 Klyne, seconded by the Honourable Senator Harder, P.C., for the second reading of Bill S-241, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (great apes, elephants and certain other animals).

After debate,

The Honourable Senator Martin 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.

ADJOURNMENT

With leave of the Senate,

The Honourable Senator Gagné moved, seconded by the Honourable Senator Moncion:

That the Senate do now adjourn.

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

(Accordingly, at 4:33 p.m., the Senate was continued until Tuesday, December 6, 2022, at 2 p.m.)

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 Deduction of Travel Expenses for Tradespersons, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-1429.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Marwah replaced the Honourable Senator Woo (December 1, 2022).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Audette replaced the Honourable Senator Klyne (December 1, 2022).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Harder, P.C., replaced the Honourable Senator Klyne (December 1, 2022).

Standing Senate Committee on National Finance

The Honourable Senator Bovey replaced the Honourable Senator Bellemare (December 1, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Poirier replaced the Honourable Senator Martin (December 1, 2022).

The Honourable Senator Hartling replaced the Honourable Senator Loffreda (December 1, 2022).

The Honourable Senator Loffreda replaced the Honourable Senator Petitclerc (November 30, 2022).

The Honourable Senator Cardozo replaced the Honourable Senator Lankin, P.C. (November 30, 2022).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Loffreda (November 30, 2022).

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