The Members convened were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinBattersBellemareBernardBlackBoehmBonifaceBoyerBrazeauBureyBussonCardozoClementCordyCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneForestFrancisFridhandlerGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosKingstonKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMassicotteMcBeanMcCallumMcNairMcPhedranMiville-DechêneMoncionMoodieMuggliOmidvarOslerOudarPatePattersonPettenPlettProsperRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinBattersBellemareBernardBlackBoehmBonifaceBoyerBrazeauBureyBussonCardozoClementCordyCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneForestFrancisFridhandlerGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosKingstonKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMassicotteMcBeanMcCallumMcNairMcPhedranMiville-DechêneMoncionMoodieMuggliOmidvarOslerOudarPatePattersonPettenPlettProsperRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYussuff

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.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

Pursuant to rule 4-9(7), the Honourable Senator LaBoucane-Benson tabled the following:

Response to Question No. 1, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 5G security review — Department of National Defence and Communications Security Establishment.—Sessional Paper No. 1/44-3388S.

Response to Question No. 1, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 5G security review — Global Affairs Canada.—Sessional Paper No. 1/44-3389S.

Response to Question No. 1, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 5G security review — Innovation, Science and Economic Development Canada.—Sessional Paper No. 1/44-3390S.

Response to Question No. 1, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 5G security review — Department of Justice Canada.—Sessional Paper No. 1/44-3391S.

Response to Question No. 1, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 5G security review — Privy Council Office.—Sessional Paper No. 1/44-3392S.

Response to Question No. 1, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the 5G security review — Public Safety Canada and Canadian Security Intelligence Service.—Sessional Paper No. 1/44-3393S.

Response to Question No. 10, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding Governor in Council appointments.—Sessional Paper No. 1/44-3394S.

Response to Question No. 16, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Canadian Armed Forces — Department of National Defence.—Sessional Paper No. 1/44-3395S.

Response to Question No. 16, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Canadian Armed Forces — Privy Council Office.—Sessional Paper No. 1/44-3396S.

Response to Question No. 22, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Department of National Defence.—Sessional Paper No. 1/44-3397S.

Response to Question No. 76, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding government contracts.—Sessional Paper No. 1/44-3398S.

Response to Question No. 77, dated November 23, 2021, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Plett, regarding the Privy Council Office.—Sessional Paper No. 1/44-3399S.

Orders of the Day

Government Business

Bills – Reports of Committees

Consideration of the tenth report of the Standing Senate Committee on Energy, the Environment and Natural Resources (Bill C-49, An Act to amend the Canada—Newfoundland and Labrador Atlantic Accord Implementation Act and the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act and to make consequential amendments to other Acts, with amendments and observations), presented in the Senate on September 25, 2024.

The Honourable Senator Massicotte moved, seconded by the Honourable Senator Miville-Dechêne, that the report be adopted.

After debate,

The question being put on the motion, it was negatived, on division.

The Honourable Senator Petten moved, seconded by the Honourable Senator Moodie, 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.

o o o

The Senate resumed debate on the point of order, raised on September 25, 2024, with respect to the requirement for a Royal Recommendation for Bill S-15.

After debate,

The Speaker reserved her decision.

Bills – Second Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26 and 27 were called and postponed until the next sitting.

Motions

Orders No. 1, 132, 167 and 172 were called and postponed until the next sitting.

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

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, October 1, 2024, at 2 p.m.

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

Inquiries

Orders No. 3, 4, 5, 6, 7 and 8 were called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Commons Public Bills – Third Reading

Orders No. 1 and 2 were called and postponed until the next sitting.

Senate Public Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Cotter, seconded by the Honourable Senator Woo, for the adoption of the twenty-second report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-231, An Act to amend the Criminal Code, the Criminal Records Act, the National Defence Act and the DNA Identification Act, with amendments), presented in the Senate on December 12, 2023.

The Honourable Senator Clement moved, seconded by the Honourable Senator Saint-Germain, 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

Consideration of the twenty-seventh report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-250, An Act to amend the Criminal Code (sterilization procedures), with an amendment and observations), presented in the Senate on September 24, 2024.

The Honourable Senator Cotter moved, seconded by the Honourable Senator Dean, that the report be adopted.

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.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return 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),

And to acquaint the Senate that the Commons has passed this bill with the following amendments, to which it desires the concurrence of the Senate.

The amendments were then read by the Honourable the Speaker, as follows:

1. Clause 1, pages 1 and 2:

(a)on page 1, replace lines 4 to 17 with the following:

“1 (1) Paragraph 515(6)(b.1) of the Criminal Code is replaced by”;

(b)on page 1, replace line 23, in the French version, with the following:

“tenaire intime, s’il a été auparavant condamné”;

(c)on page 2, replace line 1 with the following:

“(2) The Act is amended by adding the following”;

2. Clause 2, pages 2 to 4:

(a)on page 2, replace lines 9 to 12 with the following:

“810.03 (1) Any person who fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, may lay an information”;

(b)on page 2, replace lines 15 and 16, in the English version, with the following:

“under subsection (1) may cause the parties to appear”;

(c)on page 2, replace line 23 with the following:

“not more than 12 months.”;

(d)on page 2, replace line 30 with the following:

“into the recognizance for a period of not more than two”;

(e)on page 2, add the following after line 31:

“(4.1) If the informant or the defendant is Indigenous, the provincial court judge shall consider whether, instead of making an order under subsection (3) or (4), it would be more appropriate to recommend that Indigenous support services, if any are available, be provided.”;

(f)on page 2, replace lines 32 to 34 with the following:

“(5) The provincial court judge may commit the defen-”;

(g)on page 2, replace line 35 with the following:

“dant to prison for a term not exceeding 12 months if the”;

(h)on page 3, replace line 1 with the following:

“(6) The provincial court judge may add any reasonable”;

(i)on page 3, replace lines 4 and 5 with the following:

“or to secure the safety and security of the intimate partner or a child of the defendant, or a child of the defendant’s intimate partner, including condi-”;

(j)on page 3, replace line 14 with the following:

“(c) to refrain from going to any specified place or being within a specified distance of any specified place, except”;

(k)on page 3, replace line 20 with the following:

“rectly, with the intimate partner, a child of the intimate partner or”;

(l)on page 3, replace line 22, in the English version, with the following:

“intimate partner, except in accordance with any specified”;

(m)on page 3, replace lines 24 and 25 with the following:

“(f) to abstain from the consumption of drugs — ex-”;

(n)on page 3, replace line 28 with the following:

“(g) to provide, for the purpose of analysis, a sample of”;

(o)on page 3, replace line 38 with the following:

“(h) to provide, for the purpose of analysis, a sample of”;

(p)on page 4, replace lines 1 to 5 with the following:

“(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or”;

(q)on page 4, replace lines 14 and 15 with the following:

“(8) If the provincial court judge adds a condition described in subsection (7) to a recognizance, the judge”;

(r)on page 4, replace lines 22 and 23 with the following:

“(9) If the provincial court judge does not add a condition described in subsection (7) to a recognizance, the”;

(s)on page 4, replace lines 26 and 27 with the following:

“(10) A provincial court judge may, on application of the Attorney General, the informant, the person on whose behalf the information is laid or the defendant, vary the conditions fixed in”;

(t)on page 4, replace lines 29 to 31 with the following:

“(11) When the defendant makes an application under subsection (10), the provincial court judge must, before varying any conditions, consult the informant and the person on whose behalf the information is laid about their”;

(u)on page 4, replace line 33 with the following:

“(12) A warrant of committal to prison for failure or re-”;

3.Clause 3, pages 5 and 6:

(a)on page 5, replace line 10 with the following:

“810.01(4.1)(f), 810.011(6)(e), 810.03(7)(g),”;

(b)on page 5, replace line 15 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i)”;

(c)on page 6, replace line 2 with the following:

“810.01(4.1)(g), 810.011(6)(f), 810.03(7)(h), 810.1(3.02)(i) or”.

4.Clause 6, page 7:

(a)replace line 31 with the following:

“(e.1) wears an electronic monitoring device (if the Attorney General has consented to this condition) (sec-”;

(b)replace lines 34 and 35 with the following:

“directly, with the intimate partner, a child of the intimate partner or of the defendant or any relative or close friend of the intimate partner,”;

(c)replace line 37 with the following:

“that the judge considers necessary (section 810.03”;

(d)delete lines 39 and 40;

(e)add the following after line 44:

“(f.1) refrain from going to any specified place or being within a specified distance of any specified place, except in accordance with any specified conditions that the judge considers necessary (section 810.03 of the Criminal Code);”;

5.Clause 7, page 8: replace line 13 with the following:

“810.01(4.1)(g), 810.03(7)(h), 810.011(6)(f), 810.1(3.02)(i) and”;

6.Clause 8, page 8: replace lines 18 to 21 with the following:

“fears on reasonable grounds that another person will commit an offence that will cause personal injury to the intimate partner or a child of the other person, or to a child of the other person’s intimate partner, and a provincial”;

7. New clause 10.1, page 9: add the following before line 23:

“10.1 (1) Subsections (2) and (3) apply if Bill C-21, introduced in the 1st session of the 44th Parliament and entitled An Act to amend certain Acts and to make certain consequential amendments (firearms) (in this section referred to as the “other Act”), receives royal assent.

(2) On the first day on which both subsection 1(5) of the other Act and section 2 of this Act are in force, subsection 810.03(7) of the Criminal Code is replaced by the following:

(7) The provincial court judge shall consider whether it is desirable, in the interests of the intimate partner’s safety or that of any other person, to prohibit the defendant from possessing any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance, or all of those things. If the judge decides that it is desirable to do so, the judge shall add that condition to the recognizance and specify the period during which the condition applies.

(3) On the first day on which both subsection 13.12(1) of the other Act and subsection 6(2) of this Act are in force, paragraph (c) of Form 32 of Part XXVIII of the Criminal Code after the heading “List of Conditions” is replaced by the following:

(c) abstains from possessing a firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, firearm part, ammunition, prohibited ammunition or explosive substance and surrenders those in their possession and surrenders any authorization, licence or registration certificate or other document enabling the acquisition or possession of a firearm (sections 83.3, 810, 810.01, 810.03, 810.1 and 810.2 of the Criminal Code);”;

8. Clause 11, page 9: delete clause 11.

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, that the amendments be placed on the Orders of the Day for consideration at the next sitting.

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

Other Business

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Dasko, seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-283, An Act to amend the Canada Elections Act (demographic information).

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.

o o o

Orders No. 26, 27, 28, 29 and 30 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5 and 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 31 and 33 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator Francis, for the adoption of the fourth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled Hydrogen: A Viable Option for a Net-Zero Canada in 2050?, presented in the Senate on May 9, 2023.

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.

o o o

Orders No. 62, 63 and 72 were called and postponed until the next sitting.

o o o

Consideration of the twentieth report (interim) of the Standing Senate Committee on Indigenous Peoples, entitled Missing Records, Missing Children, deposited with the Clerk of the Senate on July 25, 2024.

The Honourable Senator Francis moved, seconded by the Honourable Senator Bellemare:

That the twentieth report of the Standing Senate Committee on Indigenous Peoples, entitled Missing Records, Missing Children, deposited with the Clerk of the Senate on Thursday, July 25, 2024, be adopted and that, pursuant to rule 12-23(1), the Senate request a complete and detailed response from the government, with the Minister of Crown-Indigenous Relations being identified as minister responsible for responding to the report, in consultation with the Minister of Indigenous Services Canada, the Minister of Canadian Heritage and the President of the Treasury Board.

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 LaBoucane-Benson 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 5:24 p.m., the Senate was continued until Tuesday, October 1, 2024, at 2 p.m.)

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

Actuarial Report on the Employment Insurance Premium Rate, together with the Summary, for the year 2025, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 66.31(1).—Sessional Paper No. 1/44-3385.

Report on the Employment Equity Act (Labour) for the year 2023, pursuant to the Act, S.C. 1995, c. 44, s. 20.—Sessional Paper No. 1/44-3386.

Minister’s response to the annual report of the Federal Housing Advocate for 2023-24, pursuant to the National Housing Strategy Act 2019, S.C. 2019, c. 29, s. 313 “17(2)”.—Sessional Paper No. 1/44-3387.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Mégie replaced the Honourable Senator Petitclerc (September 26, 2024).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Anderson replaced the Honourable Senator Francis (September 25, 2024).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Robinson replaced the Honourable Senator Greene (September 26, 2024).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Quinn replaced the Honourable Senator Al Zaibak (September 26, 2024).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Oudar replaced the Honourable Senator Forest (September 26, 2024).