The Members convened were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBernardBlackBoehmBonifaceBoyerBrazeauBussonCardozoCarignanClementCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DowneDuncanForestFrancisFridhandlerGagnéGerbaGignacGoldGreenwoodHarderHousakosKlyneLaBoucane-BensonLoffredaMacAdamMacDonaldManningMartinMassicotteMcBeanMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieMoreauMuggliOslerOudarPatePattersonPetitclercPettenPlettProsperRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYouanceYussuff

The Members in attendance to business were:

The Honourable Senators

AdlerAl ZaibakAndersonArnotAtaullahjanAucoinAudetteBattersBernardBlackBoehmBoniface*BoudreauBoyerBrazeauBussonCardozoCarignanClementCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DowneDuncanForestFrancisFridhandlerGagnéGerbaGignacGoldGreenwoodHarderHousakosKlyneLaBoucane-BensonLoffredaMacAdamMacDonaldManningMartinMassicotteMcBeanMcCallumMcNairMcPhedranMégieMiville-DechêneMoncionMoodieMoreauMuggliOslerOudarPatePattersonPetitclercPettenPlettProsper*QuinnRavaliaRichardsRinguetteRobinsonRossSaint-GermainSeidmanSeniorSimonsSmithTannasVaroneVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)WhiteWooYouanceYussuff

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

Pursuant to rule 13-3(4), the Honourable Senator McCallum gave notice that she would raise a question of privilege concerning the proceedings of the Senate on November 28, 2024.

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Some Honourable Senators made statements.

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The Senate observed a minute of silence in memory of former senator the Honourable Murray Sinclair.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

The 2024 Fall Reports of the Auditor General of Canada to the Parliament of Canada, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(3).—Sessional Paper No. 1/44-4102.

Presenting or Tabling Reports from Committees

The Honourable Senator Wallin, Chair of the Standing Senate Committee on Banking, Commerce and the Economy, tabled the seventeenth report (interim) of the committee, entitled Study on Canada’s Monetary Policy — Interim Findings.—Sessional Paper No. 1/44-4103S.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Downe, 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.

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The Honourable Senator Ataullahjan, Chair of the Standing Senate Committee on Human Rights, informed the Senate that, pursuant to the orders adopted by the Senate on March 3, 2022, and October 17, 2023, the committee deposited with the Clerk of the Senate on December 3, 2024, its eighth report (interim) (Ripped From Home: The Global Crisis of Forced Displacement).—Sessional Paper No. 1/44-4100S.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Seidman, 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.

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The Honourable Senator Cotter presented the following:

Tuesday, December 3, 2024

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

THIRTY-FIRST REPORT

On October 10, 2024, following a ruling by the Speaker, Bill S-15, An Act to amend the Criminal Code and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, as well as your committee’s twenty-fifth report dealing with that bill, were returned to the committee so that it could make the requisite corrections and present a new report that respects the scope of the bill. Your committee has completed this work and, pursuant to the order of reference of that date, now reports the bill with the following amendments and certain observations:

1.Preamble, page 1:

(a)Replace lines 1 to 7 with the following:

“Whereas Parliament is of the view that certain animals, particularly elephants and great apes, should not be kept in captivity because of the risk of animal cruelty that such captivity presents;”; and

(b)replace line 9 with the following:

“elephants and great apes in captivity may be justified in certain cir-”.

2.Clause 1, pages 2 to 4:

(a)On page 2,

(i)replace line 8 with the following:

“ment in a performance or for conveyance.”, and

(ii)replace line 38 with the following:

“connection with a scientific research program for conservation purposes;”;

(b)on page 3,

(i)replace line 17 with the following:

“search program for conservation purposes; or”,

(ii)replace line 29 with the following:

“search program for conservation purposes; or”, and

(iii)replace line 38 with the following:

“for conservation purposes or in a conservation program.”; and

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

“great ape means any species of the genus Gorilla, Pan or Pongo, including a gorilla, bonobo, chimpanzee or orangutan. (grand singe)

445.4 (1) The court imposing sentence on a person convicted of an offence under subsection 445.2(2) or (4) or 445.3(1) or discharging the offender under section 730 may, on application of the prosecutor or on its own motion, in addition to any other measure imposed on the offender, order that the offender carry out any action, at the offender’s cost, that is necessary in the best interests of the animal involved in the offence, including

(a) modifying the physical conditions in which the animal is kept;

(b) relocating the animal to another facility or sanctuary;

(c) modifying the social conditions in which the animal is kept; or

(d) forfeiting ownership of the animal and surrendering the animal to an animal welfare authority named in the order.

(2) In determining whether to make an order under subsection (1), the court must ask for and consider expert evidence on the individual animal’s welfare and conservation of its species.

(3) On its own motion or on application of the prosecutor, the court may make an order made under subsection (1) applicable to any other animals in the offender’s possession if those animals are of the same species as or a species closely related to the animal in respect of which the offence was committed.”.

3.Clause 5, pages 5 and 6:

(a)On page 5, replace line 27 with the following:

“(a) in connection with a scientific research program for conservation purposes or with a”; and

(b)on page 6, replace line 10 with the following:

“gram for conservation purposes; or”.

4.New clause 11, page 9: Add the following after line 40:

“Coming into Force

11 This Act comes into force on a day to be fixed by order of the Governor in Council, but that day may not be earlier than the first anniversary of the day on which it receives royal assent.”.

Respectfully submitted,

Observations to the Thirty First Report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-15)

The committee has repeatedly raised concerns that the Criminal Code has been amended in a piecemeal manner for many decades and has become cumbersome, sometimes repetitive or inconsistent, and is in need of comprehensive reform (see, for instance, the committee’s 2017 report Delaying Justice is Denying Justice, at pages 41 to 43). The committee repeats its past recommendation that an independent body should undertake a comprehensive review of the Criminal Code. The newly revived Law Commission of Canada could undertake such a review.

The Honourable Senator Cotter moved, seconded by the Honourable Senator Cormier, 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.

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The Honourable Senator Yussuff presented the following:

Tuesday, December 3, 2024

The Standing Senate Committee on National Security, Defence and Veterans Affairs has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill C-26, An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts, has, in obedience to the order of reference of October 23, 2024, examined the said bill and now reports the same with the following amendments:

1.New clause 19, page 90: Add the following after line 26:

“PART 3

2024, c. 16

Amendment to the Countering Foreign Interference Act

19 Subsections 110(3) to (9) of the Countering Foreign Interference Act are replaced by the following:

(3) If section 11 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 5 of the schedule to the Canada Evidence Act is repealed.

(4) If section 84 of this Act comes into force before section 11 of the other Act, then that section 11 is deemed never to have come into force and is repealed.

(5) If section 11 of the other Act comes into force on the same day as section 84 of this Act, then that section 11 is deemed never to have come into force and is repealed.

(6) On the first day on which section 145 of the Critical Cyber Systems Protection Act, as enacted by section 12 of the other Act, and section 84 of this Act are in force, paragraphs 145(1)(a) to (e) of the Critical Cyber Systems Protection Act are repealed.

(7) If section 13 of the other Act comes into force before section 84 of this Act, then, on the day on which that section 84 comes into force, item 6 of the schedule to the Canada Evidence Act is repealed.

(8) If section 84 of this Act comes into force before section 13 of the other Act, then that section 13 is repealed.

(9) If section 13 of the other Act comes into force on the same day as section 84 of this Act, then that section 13 is deemed never to have come into force and is repealed.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

Observations to the Twelfth Report of the Standing Senate Committee on National Security, Defence and Veterans Affairs (Bill C-26)

Your committee heard that there are valid and pressing concerns regarding cyber security protections for health systems and data. Your committee urges the Government of Canada to take steps to work with provincial and territorial governments to address these concerns with a pan-Canadian approach. Your committee also encourages the Government of Canada to consider using its authority under section 6(1) of the proposed Critical Cyber Systems Protection Act to add the health systems within the legislative authority of Parliament to Schedule 1 of the proposed act, which consists of “Vital Services and Vital Systems.”

The Honourable Senator Yussuff moved, seconded by the Honourable Senator Varone, 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-78, An Act respecting temporary cost of living relief (affordability), to which it desires the concurrence of the Senate.

The bill was read the first time.

Ordered, That the bill be placed on the Orders of the Day for a second reading later this day.

Question Period

The Senate proceeded to Question Period.

---

A point of order was raised concerning the proceedings of the Senate on November 28, 2024.

After debate,

The Speaker reserved her decision.

Orders of the Day

Government Business

Bills – Second Reading

Second reading of Bill C-78, An Act respecting temporary cost of living relief (affordability).

The Honourable Senator Moncion moved, seconded by the Honourable Senator Clement, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Clement, that the bill be referred to the Standing Senate Committee on National Finance.

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

---

With leave of the Senate,

The Honourable Senator Carignan, P.C., moved, seconded by the Honourable Senator Martin:

That, for the purposes of its consideration of Bill C-78, An Act respecting temporary cost of living relief (affordability), the Standing Senate Committee on National Finance have the power to meet today after 7:00 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Arnot, seconded by the Honourable Senator Clement, for the third reading of Bill C-40, An Act to amend the Criminal Code, to make consequential amendments to other Acts and to repeal a regulation (miscarriage of justice reviews).

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.

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

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That the following Address be presented to Her Excellency the Governor General of Canada:

To Her Excellency the Right Honourable Mary May Simon, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

With leave of the Senate,

Further debate on the motion was adjourned until the next sitting, in the name of the Honourable Senator Plett.

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

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.

o o o

Third reading of Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).

The Honourable Senator Dasko moved, seconded by the Honourable Senator Busson, that the bill be read for a third time.

Debate.

DEFERRED VOTES

At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the motion of the Honourable Senator Black, seconded by the Honourable Senator Downe, for the adoption of the fourteenth report of the Standing Senate Committee on Agriculture and Forestry (Bill C-275, An Act to amend the Health of Animals Act (biosecurity on farms), with an amendment and observations).

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

YEAS

The Honourable Senators

AndersonArnotAudetteBernardBoehmBonifaceBoyerBrazeauBussonCardozoClementCormierCoyleCuznerDalphondDaskoDuncanForestFridhandlerGerbaGreenwoodKlyneLoffredaMcBeanMcNairMcPhedranMégieMiville-DechêneMoncionMoodieMoreauMuggliPatePetitclercRinguetteSeniorSimonsVaroneWells (Alberta)WhiteWooYouance—42

NAYS

The Honourable Senators

Al ZaibakAtaullahjanAucoinBattersBlackCarignanCotterDeacon (Nova Scotia)Deacon (Ontario)DowneGignacGoldHarderHousakosMacAdamMacDonaldMartinMcCallumOslerOudarPattersonPettenPlettRavaliaRichardsRobinsonRossSaint-GermainSeidmanSmithTannasVernerWallinWells (Newfoundland and Labrador)Yussuff—35

ABSTENTIONS

The Honourable Senators

Nil

The Honourable Senator Plett moved, seconded by the Honourable Senator Martin, 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.

Commons Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Dasko, seconded by the Honourable Senator Busson, for the third reading of Bill C-252, An Act to amend the Food and Drugs Act (prohibition of food and beverage marketing directed at children).

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.

Senate Public Bills – Reports of Committees

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

Commons Public Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Dagenais, for the adoption of the sixteenth report of the Standing Senate Committee on Banking, Commerce and the Economy (Bill C-280, An Act to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (deemed trust — perishable fruits and vegetables), with amendments), presented in the Senate on November 5, 2024.

Debate.

---

Pursuant to rule 3-3(1), the Speaker left the Chair to resume the same at 8 p.m.

The sitting resumed.

QUESTION OF PRIVILEGE

Pursuant to rule 13-5(1), the Senate proceeded to the consideration of the question of privilege of the Honourable Senator McCallum concerning the proceedings of the Senate on November 28, 2024.

After debate,

The Speaker reserved her decision.

Commons Public Bills – Reports of Committees

The Senate resumed debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Dagenais, for the adoption of the sixteenth report of the Standing Senate Committee on Banking, Commerce and the Economy (Bill C-280, An Act to amend the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act (deemed trust — perishable fruits and vegetables), with amendments), presented in the Senate on November 5, 2024.

After debate,

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

YEAS

The Honourable Senators

ArnotBrazeauBussonClementCormierCoyleDalphondDeacon (Ontario)DuncanForestFridhandlerGignacGreenwoodLoffredaMcBeanMcNairMégieMoncionPatePetitclercRinguetteSaint-GermainSeniorSimonsVaroneWhiteWooYouanceYussuff—29

NAYS

The Honourable Senators

AdlerAtaullahjanBattersBernardBlackBoehmBonifaceCardozoCarignanCotterCuznerDagenaisDeacon (Nova Scotia)DowneFrancisGerbaGoldHarderHousakosKlyneLaBoucane-BensonMacAdamMacDonaldManningMartinMcCallumMcPhedranMoreauMuggliOslerOudarPattersonPettenPlettRavaliaRichardsRobinsonRossSeidmanSmithTannasVernerWallinWells (Alberta)Wells (Newfoundland and Labrador)—45

ABSTENTIONS

The Honourable Senators

Al ZaibakAudette—2

The Honourable Senator MacDonald moved, seconded by the Honourable Senator Martin, 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.

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Resuming debate on the motion of the Honourable Senator Boehm, seconded by the Honourable Senator Moodie, for the adoption of the fifteenth report of the Standing Senate Committee on Foreign Affairs and International Trade (Bill C-282, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management), with an amendment and observations), presented in the Senate on November 7, 2024.

After debate,

The Honourable Senator Housakos moved, seconded by the Honourable Senator Plett:

That the Senate do now adjourn.

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

YEAS

The Honourable Senators

Al ZaibakAtaullahjanBattersBlackCarignanHarderHousakosMacDonaldManningMartinPattersonPlettRobinsonSeidmanWallinWells (Newfoundland and Labrador)—16

NAYS

The Honourable Senators

AdlerAudetteBoehmBonifaceBrazeauBussonCardozoClementCormierCoyleCuznerDalphondDaskoDeacon (Ontario)DuncanForestGerbaGoldGreenwoodLaBoucane-BensonLoffredaMacAdamMcBeanMcCallumMcNairMcPhedranMégieMoncionOslerOudarPatePetitclercPettenRavaliaRinguetteRossSaint-GermainSeniorSimonsVaroneWells (Alberta)WooYouance—43

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Boehm, seconded by the Honourable Senator Moodie, for the adoption of the fifteenth report of the Standing Senate Committee on Foreign Affairs and International Trade (Bill C-282, An Act to amend the Department of Foreign Affairs, Trade and Development Act (supply management), with an amendment and observations), presented in the Senate on November 7, 2024.

After debate,

The Honourable Senator Cuzner moved, for the Honourable Senator White, seconded by the Honourable Senator Cardozo, 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 and 3 were called and postponed until the next sitting.

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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).

The Honourable Senator Plett moved, seconded by the Honourable Senator Housakos:

That the Senate do now adjourn.

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

ADJOURNMENT

At 11:09 p.m., pursuant to the order adopted by the Senate earlier today, the Senate adjourned until 2 p.m., tomorrow.

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

Response to Question No. 343, dated October 3, 2024, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Marshall, regarding the development of Small Modular Reactors in Canada.—Sessional Paper No. 1/44-4099S.

Eighth report (interim) of the Standing Senate Committee on Human Rights, entitled Ripped From Home: The Global Crisis of Forced Displacement, deposited with the Clerk of the Senate on December 3, 2024, pursuant to the orders adopted by the Senate on March 3, 2022 and October 17, 2023.—Sessional Paper No. 1/44-4100S.

Report of the Canadian Dairy Commission for the dairy year ending July 31, 2024, together with the Auditor General’s Report, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/44-4101.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Wells (Alberta) replaced the Honourable Senator Sorensen (December 2, 2024).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Ravalia replaced the Honourable Senator Greenwood (November 29, 2024).

Standing Senate Committee on Human Rights

The Honourable Senator Gerba replaced the Honourable Senator Cardozo (December 3, 2024).

The Honourable Senator Cardozo replaced the Honourable Senator Gerba (December 2, 2024).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Sorensen (December 2, 2024).

The Honourable Senator Boniface replaced the Honourable Senator Hartling (November 29, 2024).

Standing Senate Committee on National Finance

The Honourable Senator Woo replaced the Honourable Senator Galvez (December 3, 2024).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Batters (December 2, 2024).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Yussuff replaced the Honourable Senator Kutcher (November 29, 2024).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Dagenais replaced the Honourable Senator Burey (December 2, 2024).

The Honourable Senator Kutcher replaced the Honourable Senator Boudreau (November 29, 2024).

The Honourable Senator Dasko replaced the Honourable Senator Senior (November 29, 2024).