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Journals of the Senate

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 118 (Revised)

Tuesday, May 9, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonForestFraserFrumFureyGagnéGalvezGoldGriffinHarderHartlingHousakosJafferKennyLangLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTardifUngerVernerWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyak*Black (Alberta)BoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggleton*EnvergaForestFraserFrumFureyGagnéGalvezGold*GreeneGriffinHarderHartlingHousakosJafferKennyLangLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwah*MassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRinguetteRuncimanSeidmanSinclairSmithStewart Olsen*TannasTardif*TkachukUngerVerner*WallinWellsWetston*WhiteWoo

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

Tabling of Documents

The Honourable Senator Bellemare tabled the following:

Document entitled Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect.—Sessional Paper No. 1/42-1104S.

Presenting or Tabling Reports from Committees

The Honourable Senator Maltais, Chair of the Standing Senate Committee on Agriculture and Forestry, informed the Senate that, pursuant to the orders adopted by the Senate on January 28, 2016, and April 4, 2017, the committee deposited with the Clerk of the Senate earlier this day, its seventh report entitled Market Access: Giving Canadian Farmers and Processors the world.—Sessional Paper No. 1/42-1088S.

The Honourable Senator Maltais moved, seconded by the Honourable Senator Ogilvie, 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.

o o o

The Honourable Senator Housakos, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented the twelfth report of the committee, entitled Revised Senate Administrative Rules.

(The report is printed as an appendix at pages 1889-2057 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Housakos moved, seconded by the Honourable Senator Lang, 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.

o o o

The Honourable Senator Fraser presented the following:

Tuesday, May 9, 2017

The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its

SEVENTH REPORT

Pursuant to rule 12-7(2)(a), your committee recommends that the Rules of the Senate be amended by:

1. replacing rule 3-6(2) by the following:

Adjournment extended

3-6. (2) Whenever the Senate stands adjourned, if the Speaker is satisfied that the public interest does not require the Senate to meet at the date and time stipulated in the adjournment order, the Speaker shall, after consulting the Leader of the Government, the Leader of the Opposition, and the leader or facilitator of any other recognized party or recognized parliamentary group, or their designates, determine an appropriate later date or time for the next sitting.”;

2.replacing rule 4-2(8)(a) by the following:

Extending time for Senators’ Statements

4-2. (8)(a) At the request of a whip or the designated representative of a recognized parliamentary group, the Speaker shall, at an appropriate time during Senators’ Statements, seek leave of the Senate to extend Statements. If leave is granted, Senators’ Statements shall be extended by no more than 30 minutes.”;

3.replacing rule 4-3(1) by the following:

Tributes

4-3. (1) At the request of the Leader of the Government, the Leader of the Opposition, or the leader or facilitator of any other recognized party or recognized parliamentary group, the period for Senators’ Statements shall be extended by no more than 15 minutes for the purpose of paying tribute to a current or former Senator.”;

4.replacing rule 6-3(1)(a) by the following:

Leaders

(a) the Leader of the Government and the Leader of the Opposition shall be allowed unlimited time for debate; and the leader or facilitator of any other recognized party or recognized parliamentary group shall be permitted up to 45 minutes for debate;”;

5.replacing rule 6-5(1)(b) by the following:

(b) the time remaining, not to exceed 15 minutes, if the Senator who yielded is the Leader of the Government, the Leader of the Opposition, or the leader or facilitator of any other recognized party or recognized parliamentary group.”;

6.replacing rule 7-3(1)(f)(ii) by the following:

(ii) the leader or facilitator of any other recognized party or recognized parliamentary group may speak for up to 15 minutes;”;

7.replacing rule 12-5(c) by the following:

(c) the leader or facilitator of any other recognized party or recognized parliamentary group,  or a designate, for a change of members of that party or group.”;

8.replacing rule 12-8(2) by the following:

User fee proposals

12-8. (2) When the Leader or Deputy Leader of the Government tables a user fee proposal, it is deemed referred to the standing or special committee designated by the Leader or Deputy Leader of the Government following consultations with the Leader or Deputy Leader of the Opposition, and the leader or facilitator of any other recognized party or recognized parliamentary group.”;

9.replacing the definition of “Deputy Leader of the Government” in Appendix I by the following:

“Deputy Leader of the Government

The Senator who acts as the second to the Leader of the Government and who is normally responsible for the management of Government business on the floor of the Senate. The Deputy Leader is also generally responsible for negotiating the daily agenda of business with the Opposition and other recognized parties and recognized parliamentary groups.  In the absence of the Deputy Leader, the Government Leader may designate another Senator to perform the role. The full title is “Deputy Leader of the Government in the Senate”. (Leader adjoint du gouvernement)”;

10.replacing the definition of “Deputy Leader of the Opposition” in Appendix I by the following:

“Deputy Leader of the Opposition

The Senator who acts as the second to the Leader of the Opposition and who is normally responsible for negotiating the daily agenda of business on the floor of the Senate with the Government and other recognized parties and recognized parliamentary groups. In the absence of the Deputy Leader, the Opposition Leader may designate another Senator to perform the role. The full title is “Deputy Leader of the Opposition in the Senate”. (Leader adjoint de l’opposition)”;

11.replacing the definition of “Leader of a recognized party in the Senate” in Appendix I by the following:

“Leader or facilitator of a recognized party or recognized parliamentary group

The Senator who heads a group of Senators recognized as a party or a parliamentary group under the Rules. (Leader ou facilitateur d’un parti reconnu ou d’un groupe parlementaire reconnu)”;

12.  replacing the definition of “Leadership” in Appendix I by the following:

“Leadership

A term commonly used to refer to various positions in the Senate, notably the leaders or facilitators of the recognized parties or recognized parliamentary groups, their deputies, their designates and the whips. (Dirigeants)”;

13.replacing the definition of “Recognized party” in Appendix I by the following:

“Recognized party or recognized parliamentary group

A recognized party in the Senate is composed of at least nine senators who are members of the same political party, which is registered under the Canada Elections Act, or has been registered under the Act within the past 15 years.  A recognized parliamentary group in the Senate is one to which at least nine senators belong and which is formed for parliamentary purposes.  A senator may belong to either one recognized party or one recognized parliamentary group.  Each recognized party or recognized group has a leader or facilitator in the Senate. (Parti reconnu ou groupe parlementaire reconnu)”;

14.adding the following new definitions to Appendix I in alphabetical order:

(a) Facilitator of a recognized parliamentary group

See “Leader or facilitator of a recognized party or recognized parliamentary group”. (Facilitateur d’un groupe parlementaire reconnu)”; and

(b) Recognized parliamentary group

See “Recognized party or recognized parliamentary group”. (Groupe parlementaire reconnu)”;

15.by deleting the definition of “Leader of any other recognized party in the Senate” in Appendix I; and

16. updating all cross references in the Rules, including the lists of exceptions, accordingly.

Respectfully submitted,

JOAN FRASER

Chair

The Honourable Senator Fraser moved, seconded by the Honourable Senator Day, 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.

Delayed Answers

The Honourable Senator Harder, P.C., tabled the following:

Response to the oral question asked in the Senate on February 15, 2017 by the Honourable Senator Lang, concerning the RCMP and collective bargaining.—Sessional Paper No. 1/42-1105S.

Orders of the Day

Government Business

Bills – Reports of Committees

Consideration of the twelfth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts, with amendments and observations), presented in the Senate on May 2, 2017.

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Stewart Olsen, that the report be adopted.

After debate,

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

The Honourable Senator Petitclerc moved, seconded by the Honourable Senator Harder, P.C., 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

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

Motions

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

Inquiries

Order No. 2 was 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

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

Senate Public Bills – Second Reading

Orders No. 1 to 6 were called and postponed until the next sitting.

Reports of Committees – Other

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

o o o

Resuming debate on the motion of the Honourable Senator McCoy, seconded by the Honourable Senator Ringuette, for the adoption of the fifth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Caucus), presented in the Senate on October 4, 2016.

And on the motion in amendment of the Honourable Senator Ringuette, seconded by the Honourable Senator McCoy:

That the report be not now adopted, but that it be amended:

1.by replacing the paragraph starting with the words “That the Senate direct the Committee on Rules” by the following:

“That the Senate direct the Standing Committee on Rules, Procedures and the Rights of Parliament and the Standing Committee on Internal Economy, Budgets and Administration to draft amendments to the Rules of the Senate and the Senate Administrative Rules, and to report thereon to the Senate by May 9, 2017, respecting the following:”; and

2.by replacing the paragraph starting with the words “That the Senate direct the Committee on Internal” by the following:

“That the Senate direct the Standing Committee on Internal Economy, Budgets and Administration to prepare amendments to the Senate Administrative Rules, and to report thereon to the Senate by May 9, 2017, to provide all groups (caucuses) of senators with funding for a secretariat and research projects, regardless of whether the caucuses are organized with or without political affiliations.”.

After debate,

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

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

o o o

Order No. 5 was 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 Moore, for the adoption of the seventh report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Regional interest), presented in the Senate on October 18, 2016.

With leave of the Senate,

The Honourable Senator Ringuette tabled the following:

Sections 21 and 22 of the Constitution Act, 1867.—Sessional Paper No. 1/42-1106S.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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. 7 to 12, 14 and 15 and 17 to 19 were called and postponed until the next sitting.

o o o

Consideration of the tenth report (interim) of the Standing Senate Committee on National Security and Defence, entitled Military underfunded: The walk must match the talk, deposited with the Clerk of the Senate on April 13, 2017.

The Honourable Senator Lang moved, seconded by the Honourable Senator Smith, that the report be adopted.

After debate,

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Tardif, 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. 31 to 33 were called and postponed until the next sitting.

Motions

Order No. 31 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Dawson:

That the Senate encourage the federal government, after appropriate consultations, to sponsor along with one or more of the provinces/territories a pilot project, and any complementary studies, to evaluate the cost and impact of implementing a national basic income program based on a negative income tax for the purpose of helping Canadians to escape poverty.

And on the motion in amendment of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That the motion be amended to read as follows:

That the Senate encourage the federal government, after appropriate consultations, to provide support to initiatives by provinces/territories, including the Aboriginal Communities, aimed at evaluating the cost and impact of implementing measures, programs and pilot projects for the purpose of helping Canadians to escape poverty, by way of a basic income program (such as a negative income tax) and to report on their relative efficiency.

Debate.

Question Period

Pursuant to the order adopted on May 4, 2017, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Amarjeet Sohi, P.C., M.P., Minister of Infrastructure and Communities, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Motions

The Senate resumed debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Dawson:

That the Senate encourage the federal government, after appropriate consultations, to sponsor along with one or more of the provinces/territories a pilot project, and any complementary studies, to evaluate the cost and impact of implementing a national basic income program based on a negative income tax for the purpose of helping Canadians to escape poverty.

And on the motion in amendment of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.:

That the motion be amended to read as follows:

That the Senate encourage the federal government, after appropriate consultations, to provide support to initiatives by provinces/territories, including the Aboriginal Communities, aimed at evaluating the cost and impact of implementing measures, programs and pilot projects for the purpose of helping Canadians to escape poverty, by way of a basic income program (such as a negative income tax) and to report on their relative efficiency.

After debate,

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

The Senate resumed debate on the motion, as amended, of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Dawson:

That the Senate encourage the federal government, after appropriate consultations, to provide support to initiatives by provinces/territories, including the Aboriginal Communities, aimed at evaluating the cost and impact of implementing measures, programs and pilot projects for the purpose of helping Canadians to escape poverty, by way of a basic income program (such as a negative income tax) and to report on their relative efficiency.

After debate,

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

o o o

Orders No. 73, 89, 92, 139, 146, 158, 189, 192 and 194 were called and postponed until the next sitting.

Inquiries

Orders No. 1 and 2, 8, 11 to 14 and 17 to 20 were called and postponed until the next sitting.


Ordered : That Order No. 32, under ORDERS OF THE DAY, OTHER BUSINESS, Reports of Committees - Other, be again called.

The order was called for resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Carignan, P.C., for the adoption of the second report of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Consideration of an Inquiry Report from the Senate Ethics Officer, presented in the Senate on May 2, 2017.

Ordered, That further debate on the motion be adjourned until the next sitting.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 4:04 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)

Seventh report of the Standing Senate Committee on Agriculture and Forestry entitled Market Access: Giving Canadian Farmers and Processors the world, deposited with the Clerk of the Senate on May 9, 2017, pursuant to the orders adopted by the Senate on January 28, 2016 and April 4, 2017.—Sessional Paper No. 1/42-1088S.

Report of the Clerk of the Privy Council and Secretary to the Cabinet to the Prime Minister on the Public Service of Canada for the fiscal year ended March 31, 2017, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 127. —Sessional Paper No. 1/42-1089.

Copy of the Regulations Amending the Special Economic Measures (Syria) Regulations (P.C. 2017-405 and P.C. 2017-407), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/42-1090.

Summaries of the Corporate Plan and the Capital and Operating Budgets for the period 2016-2017 to 2020-2021 of the Canadian Air Transport Security Authority, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1091.

Report of the Great Lakes Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-1092.

Report of Ridley Terminals Inc., together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/42-1093.

Report of the Pacific Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-1094.

Report of VIA Rail Canada Inc., together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/42-1095.

Report of the Canada Mortgage and Housing Corporation, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-1096.

Report of the Royal Canadian Mint, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-1097.

Report of the Canada Development Investment Corporation, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S. 1985, c. F-11, sbs. 150(1). —Sessional Paper No. 1/42-1098.

Report of the Military Grievances External Review Committee for the year 2016, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, sbs. 29.28(2). —Sessional Paper No. 1/42-1099.

Report of the Military Police Complaints Commission of Canada for the year 2016, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 250.17. —Sessional Paper No. 1/42-1100.

Report of the Nuclear Waste Management Organization, together with the Auditors’ Report, for the years 2014 to 2016, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1.—Sessional Paper No. 1/42-1101.

Report of the Atlantic Pilotage Authority, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-1102.

Report of Export Development Canada, together with the Auditor General’s Report, for the year ended December 31, 2016, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-1103.


Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Boisvenu replaced the Honourable Senator Tkachuk (May 9, 2017).

Standing Senate Committee on National Security and Defence

The Honourable Senator Manning replaced the Honourable Senator White (May 9, 2017).

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