The Members convened were:

The Honourable Senators

AndreychukBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenaisDayDemersDowneDoyleDyckEnvergaFraserFureyGreeneHervieux-PayetteHousakosHubleyJafferJohnsonJoyalKennyLangMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhPattersonPlettPoirierRaineRinguetteRivardRuncimanSeidmanSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasTardifTkachukWallaceWallinWattWellsWhite

The Members in attendance to business were:

The Honourable Senators

Andreychuk*AtaullahjanBakerBattersBellemareBeyakBlackBoisvenuCampbellCarignanCoolsCordyCowanDagenais*DawsonDayDemersDowneDoyleDyckEnvergaFraserFureyGreeneHervieux-PayetteHousakosHubleyJafferJohnsonJoyalKennyLangMacDonaldMaltaisManningMarshallMartinMassicotteMcCoyMcInnisMcIntyreMercerMerchantMeredithMitchellMocklerMooreMunsonNancy RuthNeufeldNgoOgilvieOhPattersonPlettPoirierRaineRinguetteRivardRuncimanSeidmanSmith (Cobourg)Smith (Saurel)Stewart OlsenTannasTardifTkachukWallaceWallinWattWellsWhite

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 Smith (Saurel), Chair of the Standing Senate Committee on National Finance, tabled the third report of the committee (Final Report on the Supplementary Estimates (C), 2015-16).—Sessional Paper No. 1/42-211S.

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

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The Honourable Senator Smith (Saurel), Chair of the Standing Senate Committee on National Finance, tabled the fourth report (interim) of the committee (First Interim Report on the Main Estimates 2016-17).—Sessional Paper No. 1/42-212S.

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

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The Honourable Senator Merchant presented the following:

Tuesday, March 22, 2016

The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its

FIRST REPORT

Your committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985,c. S-22, the committee was previously empowered “to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:

1.the appropriate principles and practices to be observed

(a)in the drafting of powers enabling delegates of Parliament to make subordinate laws;

(b)in the enactment of statutory instruments;

(c)in the use of executive regulation — including delegated powers and subordinate laws;

and the manner in which Parliamentary control should be effected in respect of the same;

2.the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.”

Your committee recommends that the same order of reference, together with the evidence adduced thereon during previous sessions, be again referred to it.

Your committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:

Whether any regulation or other statutory instrument within its terms of reference, in the judgment of the committee:

1.is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;

2.is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;

3.purports to have retroactive effect without express authority having been provided for in the enabling legislation;

4.imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;

5.imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;

6.tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;

7.has not complied with the Statutory Instruments Act with respect to transmission, registration or publication;

8.appears for any reason to infringe the rule of law;

9.trespasses unduly on rights and liberties;

10.makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;

11.makes some unusual or unexpected use of the powers conferred by the enabling legislation;

12.amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment; or

13.is defective in its drafting or for any other reason requires elucidation as to its form or purport.

Your committee recommends that its quorum be fixed at four members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the joint chairs be authorized to hold meetings to receive evidence and authorize the printing thereof so long as three members are present, provided that both Houses are represented; and, that your committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.

Your committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.

Your committee, which was also authorized by the Senate to incur expenses in connection with its permanent reference relating to the review and scrutiny of statutory instruments, reports, pursuant to rule 12-26(2) of the Rules of the Senate, that the expenses of your committee (Senate portion) during the Second Session of the Forty-First Parliament are as follows:

A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled.

Respectfully submitted,

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-8, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2016, 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 at the next sitting.

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A message was brought from the House of Commons with Bill C-9, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2017, 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 at the next sitting.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Jaffer introduced Bill S-222, An Act for the promotion and advancement of Canada’s linguistic plurality.

The bill was read the first time.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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

Motions

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

Other Business

Senate Public Bills – Reports of Committees

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

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Consideration of the second report of the Standing Senate Committee on Human Rights (Bill S-201, An Act to prohibit and prevent genetic discrimination, with amendments and observations), presented in the Senate on March 10, 2016.

The Honourable Senator Munson moved, seconded by the Honourable Senator Cowan, that the report be adopted.

After debate,

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

Second reading of Bill S-220, An Act to amend the Criminal Code (international fraud).

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, that the bill be read the second time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.

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

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Orders No. 2 to 5 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill S-207, An Act to modernize the composition of the boards of directors of certain corporations, financial institutions and parent Crown corporations, and in particular to ensure the balanced representation of women and men on those boards.

After debate,

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

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

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Orders No. 7 to 16 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Moore, seconded by the Honourable Senator Dawson, for the second reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins).

After debate,

The Honourable Senator Plett 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.

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Second reading of Bill S-216, An Act to provide the means to rationalize the governance of Canadian public corporations.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, that the bill be read the second time.

The Honourable Senator Hervieux-Payette, P.C., moved, seconded by the Honourable Senator Day, that further debate on the motion be adjourned until the next sitting.

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

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Order No. 19 was called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1 to 3 were called and postponed until the next sitting.

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Consideration of the third report of the Standing Senate Committee on National Finance (Final Report on the Supplementary Estimates (C), 2015-16), tabled in the Senate on March 22, 2016.

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator Mockler, that the report be adopted.

After debate,

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

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Consideration of the fourth report (interim) of the Standing Senate Committee on National Finance (First Interim Report on the Main Estimates 2016-17), tabled in the Senate on March 22, 2016.

The Honourable Senator Smith (Saurel) moved, seconded by the Honourable Senator MacDonald, that the report be adopted.

After debate,

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

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

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Consideration of the first report of the Standing Joint Committee for the Scrutiny of Regulations (Rule 12-26 — Expenses incurred by the committee during the Second Session of the Forty-first Parliament and other matters), presented in the Senate on March 22, 2016.

The Honourable Senator Merchant moved, seconded by the Honourable Senator Campbell, that the report be adopted.

After debate,

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

Motions

Orders No. 69, 51, 60, 43, 7 and 31 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Mercer:

That the Senate of Canada call on the government to establish a program similar to the Atomic Veterans Recognition Program in order to offer $24,000 in compensation to the civilian volunteers and employees who assisted in decontamination work at the nuclear reactor in Chalk River, Ontario, in 1952 and 1958 and who were excluded from the Program, which was available only to the personnel of the Canadian Armed Forces and the Department of National Defence.

After debate,

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

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Resuming debate on the motion of the Honourable Senator Hervieux-Payette, P.C., seconded by the Honourable Senator Day:

That the Standing Senate Committee on Banking, Trade and Commerce, when and if it is formed, be authorized to examine and report on Canada’s export performance as compared to international best practices in order to provide recommendations to improve Canada’s current export performance, the worst in 30 years according to the OECD;

That the committee make a preliminary report on the current export performance to the Senate no later than April 14, 2016; and

That the committee make to the Senate a final report on the implementation of an integrated policy for all partners to improve Canadian exports to all countries, especially those with which Canada has a free trade agreement, no later than December 16, 2016.

After debate,

The Honourable Senator Ringuette moved, seconded by the Honourable Senator Campbell, 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. 2, 1, 3 and 6 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Martin moved, seconded by the Honourable Senator Johnson:

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Wednesday, March 23, 2016, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

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

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The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Runciman:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on opportunities for strengthening cooperation with Mexico since the tabling, in June 2015, of the committee report entitled: North American Neighbours: Maximizing Opportunities and Strengthening Cooperation for a more Prosperous Future; and

That the committee submit its final report no later than March 31, 2017.

After debate,

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

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The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Runciman:

That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine and report on recent political and economic developments in Argentina in the context of their potential impact on regional and global dynamics, including on Canadian policy and interests, and other related matters;

That the papers and evidence received and taken and work accomplished by the committee during the First Session of the Forty-second Parliament, as part of its study on foreign relations and international trade generally, as authorized by the Senate on January 27, 2016, form part of the papers and evidence received and taken for the purposes of this study; and

That the committee submit its final report no later than May 31, 2017 and that it retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

After debate,

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 3:46 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)

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001,c. 27,sbs. 5(2).—Sessional Paper No. 1/42-204.

Report on the use of arrest without warrant from July 15, 2014 to July 14, 2015, pursuant to the Criminal Code, R.S.C., 1985,c. C-46,sbs. 83.31(3).—Sessional Paper No. 1/42-205.

Report of the Association of Canada Lands Surveyors, pursuant to the Canada Land Surveyors Act, S.C. 1998,c. 14, sbs. 70(2). —Sessional Paper No. 1/42-206.

Report on operations under sections 38.13 and 38.15 of the Canada Evidence Act from July 15, 2014 to July 14, 2015, pursuant to the Canada Evidence Act, R.S.C. 1985,c. C-5,s. 38.17.—Sessional Paper No. 1/42-207.

Report on investigative hearings and recognizance with conditions from July 15, 2014 to July 14, 2015, pursuant to the Criminal Code, R.S.C. 1985,c. C-46, sbs. 83.31(2).—Sessional Paper No. 1/42-208.

Report on the Canada-Newfoundland and Labrador Atlantic Accord Implementation Act for the fiscal year ended March 31, 2015, pursuant to the Act, S.C. 1987,c. 3,s. 226.—Sessional Paper No. 1/42-209.

Report on the Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act for the fiscal year ended March 31, 2015, pursuant to the Act, S.C. 1988, c. 28,ss. 231 and 238.—Sessional Paper No. 1/42-210.

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Tardif replaced the Honourable Senator Hubley (March 21, 2016).

The Honourable Senator Merchant replaced the Honourable Senator Day (March 21, 2016).

The Honourable Senator Hubley replaced the Honourable Senator Tardif (March 11, 2016).

The Honourable Senator Day replaced the Honourable Senator Merchant (March 11, 2016).

The Honourable Senator Mockler replaced the Honourable Senator Dagenais (March 10, 2016).

The Honourable Senator Poirier replaced the Honourable Senator Unger (March 10, 2016).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Maltais was removed from the membership of the committee, substitution pending (March 16, 2016).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator MacDonald replaced the Honourable Senator Rivard (March 10, 2016).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Tkachuk replaced the Honourable Senator Enverga (March 17, 2016).

The Honourable Senator Eaton replaced the Honourable Senator Wells (March 16, 2016).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Beyak replaced the Honourable Senator Ataullahjan (March 22, 2016).

The Honourable Senator Johnson replaced the Honourable Senator Beyak (March 11, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Black replaced the Honourable Senator Ataullahjan (March 18, 2016).

Standing Senate Committee on National Finance

The Honourable Senator Eaton replaced the Honourable Senator Lang (March 22, 2016).

The Honourable Senator Lang replaced the Honourable Senator Eaton (March 22, 2016).

The Honourable Senator Neufeld replaced the Honourable Senator Raine (March 11, 2016).

Standing Senate Committee on National Security and Defence

The Honourable Senator Dagenais replaced the Honourable Senator Smith (Saurel) (March 22, 2016).

The Honourable Senator Beyak replaced the Honourable Senator Wells (March 21, 2016).

The Honourable Senator Wells replaced the Honourable Senator Beyak (March 21, 2016).

The Honourable Senator Smith (Saurel) replaced the Honourable Senator Dagenais (March 18, 2016).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Doyle was removed from the membership of the committee, substitution pending (March 22, 2016).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Ataullahjan was removed from the membership of the committee, substitution pending (March 11, 2016).

The Honourable Senator Martin was removed from the membership of the committee, substitution pending (March 11, 2016).

The Honourable Senator Black was removed from the membership of the committee, substitution pending (March 11, 2016).

Standing Senate Committee on Transport and Communications

The Honourable Senator Doyle was added to the membership (March 22, 2016).