Journals of the Senate
66 Elizabeth II , A.D. 2017, Canada
1st Session, 42nd Parliament
Issue 133 (Revised)
Thursday, June 15, 2017
1:30 p.m.
The Honourable GEORGE J. FUREY, Speaker
The Members convened were:
The Honourable Senators
AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosHubleyJafferJoyalKennyLangLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSeidmanSmithStewart OlsenTannasTardifTkachukUngerVernerWattWellsWetstonWhiteWoo
The Members in attendance to business were:
The Honourable Senators
AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosHubleyJafferJoyalKennyLangLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPratteRinguetteRuncimanSaint-GermainSeidmanSmithStewart OlsenTannasTardifTkachukUngerVernerWattWellsWetstonWhiteWoo
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
With leave of the Senate,
The Honourable the Speaker tabled the following:
Document entitled Extension of the “Parliamentary Precinct” in section 79.51 of the Parliament of Canada Act for the purposes of the celebration of Canada’s Day, from June 30, 2017, at 8:00 A.M. to July 2, 2017, 11:59 P.M.—Sessional Paper No. 1/42-1201.
The Honourable the Speaker tabled the following:
Reports of the Office of the Commissioner of Lobbying for the fiscal year ended March 31, 2017, pursuant to the Access to Information Act and to the Privacy Act, R.S.C. 1985, c. A-1 and P-21, s. 72.—Sessional Paper No. 1/42-1202.
Annual Report of the Office of the Public Sector Integrity Commissioner for the fiscal year ended March 31, 2017, pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46 s. 38.—Sessional Paper No. 1/42-1203.
Case Report of Findings of the Office of the Public Sector Integrity Commissioner in the Matter of an Investigation into a Disclosure of Wrongdoing (Fisheries and Oceans Canada), pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, sbs. 38(3.3).—Sessional Paper No. 1/42-1204.
Presenting or Tabling Reports from Committees
The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the sixteenth report (interim) of the committee (Second Interim Report on Main Estimates 2017-18).—Sessional Paper No. 1/42-1205S.
The Honourable Senator Mockler moved, seconded by the Honourable Senator MacDonald, 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.
The Honourable Senator Tardif, Chair of the Standing Senate Committee on Official Languages, presented the fifth report of the committee (Budget—study on Canadians’ views about modernizing the Official Languages Act—power to hire staff and to travel).
(The report is printed as Appendix A at pages 2250-2258 (available in print format PDF).)
(The HTML version of the report is available on the committee website.)
The Honourable Senator Tardif moved, seconded by the Honourable Senator Joyal, P.C., 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.
The Honourable Senator Maltais, Chair of the Standing Senate Committee on Agriculture and Forestry, presented the eighth report of the committee (Budget—the potential impact of the effects of climate change on the agriculture, agri-food and forestry sectors—power to hire staff and to travel).
(The report is printed as Appendix B at pages 2259-2266 (available in print format PDF).)
(The HTML version of the report is available on the committee website.)
The Honourable Senator Maltais moved, seconded by the Honourable Senator White, 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.
The Honourable Senator Housakos presented the following:
Thursday, June 15, 2017
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
FIFTEENTH REPORT
Your committee has, in obedience to the order of reference of Thursday, May 11, 2017, prepared amendments to the Senate Administrative Rules to recognize parliamentary groups of senators and now recommends as follows:
1.That the Senate Administrative Rules be amended as follows:
(a)in chapter 1:03,
(i)by replacing the definition of “caucus” with the following:
““Caucus” means either a recognized party or a recognized parliamentary group as defined in the Rules of the Senate.”, and
(ii)by replacing the definition of “House officers” with the following:
““House officers of the Senate” means the Speaker, the Speaker pro tempore, the Leader of the Government, the Leader of the Opposition, the leader or facilitator of a recognized party or of a recognized parliamentary group, and their respective deputy leaders and whips.”;
(b)in chapter 5:02,
(i)by adding the following after section 14
“14.1 A leader or facilitator of a recognized party or of a recognized parliamentary group is entitled to an additional office allowance, in an amount set by finance rule, for such purposes as are approved by the Internal Economy Committee.
14.2 A leader or facilitator of a recognized party or of a recognized parliamentary group is entitled to additional staff to be paid out of the additional office allowance provided under section 14.1.”, and
(ii)by adding the following after section 24:
“24.1 For greater certainty, a House Officer shall be provided with one additional office allowance under this Chapter.”;
(c)in chapter 5:03, by replacing section 3 with the following:
“3. The Senate Administration, acting in consultation with all leaders and facilitators, shall assign a meeting schedule and reserve a room to be made available for the use of each Senate committee and subcommittee that meets regularly.”; and
(d)in chapter 5:04, by deleting section 1.
2.That the Law Clerk and Parliamentary Counsel be authorized to make editorial and consequential changes and clerical corrections as may be required.
3.That the amendments come into force on adoption of this report.
Respectfully submitted,
LEO HOUSAKOS
Chair
The Honourable Senator Housakos moved, seconded by the Honourable Senator Frum, 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.
The Honourable Senator Housakos presented the following:
Thursday, June 15, 2017
The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its
SIXTEENTH REPORT
Your committee has, in obedience to the order of reference of Thursday, May 11, 2017, prepared amendments to the Senate Administrative Rules to recognize parliamentary groups of senators and now recommends as follows:
1.That the revised Senate Administrative Rules appended to the twelfth report of your committee, presented in the Senate on Tuesday, May 9, 2017, be amended as follows:
(a)in chapter 1:03,
(i)by replacing the definition of “caucus” with the following:
““Caucus” means either a recognized party or a recognized parliamentary group as defined in the Rules of the Senate.”, and
(ii)by replacing the definition of “House officers” or “political officers” with the following:
““House officers” or “political officers” means the Speaker, the Speaker pro tempore, the Leader of the Government, the Leader of the Opposition, the leader or facilitator of a recognized party or of a recognized parliamentary group, and their respective deputy leaders and whips.”;
(b)in chapter 5:02,
(i)by adding the following after section 9:
“9.1 A leader or facilitator of a recognized party or of a recognized parliamentary group shall be provided with an additional office allowance, in an amount set by finance rule, for such purposes as are approved by the Internal Economy Committee.”, and
(ii)by adding the following after section 24:
“24.1 For greater certainty, a House Officer shall be provided with one additional office allowance under this Chapter.”;
(c)in chapter 5:03, by replacing section 3 with the following:
“3. The Principal Clerk of Committees, acting in consultation with all leaders and facilitators, shall assign a meeting schedule and reserve a room to be made available for the use of each Senate committee and subcommittee that meets regularly.”; and
(d)in chapter 5:04,
(i)by deleting section 1, and
(ii)by replacing subsection 4(2) with the following:
“(2) A caucus shall be provided with interpretation services at its meetings.”.
Respectfully submitted,
LEO HOUSAKOS
Chair
The Honourable Senator Housakos moved, seconded by the Honourable Senator Frum, 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-53, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., 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.
A message was brought from the House of Commons with Bill C-54, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018, to which it desires the concurrence of the Senate.
The bill was read the first time.
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., 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.
Tabling of Reports from Interparliamentary Delegations
The Honourable Senator White tabled the following:
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting the joint visit of the Sub-Committee on Transatlantic Defence and Security Cooperation, Sub-Committee on Transatlantic Economic Relations, and the officers of the Sub-Committee on Transatlantic Relations, to Svalbard, Norway, from May 9 to 11, 2017.—Sessional Paper No. 1/42-1206.
Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its participation at the meeting of the Defence and Security Committee, held in Washington, D.C., United States of America, from January 20 to 23, 2017.—Sessional Paper No. 1/42-1207.
Question Period
The Senate proceeded to Question Period.
Orders of the Day
Government Business
Bills – Third Reading
Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Gagné, for the third reading of Bill C-16, An Act to amend the Canadian Human Rights Act and the Criminal Code.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
AndreychukAtaullahjanBakerBellemareBernardBoisvenuBonifaceBoveyBrazeauCampbellCarignanCordyCormierDagenaisDawsonDayDeanDowneDuffyDupuisDyckEatonEggletonForestFraserFrumGagnéGalvezGoldGreeneGriffinHarderHartlingHubleyJafferJoyalKennyLangLankinMaltaisManningMarshallMarwahMassicotteMcCoyMégieMercerMitchellMocklerMoncionOhOmidvarPatePattersonPetitclercPratteRinguetteRuncimanSaint-GermainSeidmanStewart OlsenTannasTardifWellsWetstonWhiteWoo—67
NAYS
The Honourable Senators
BattersBeyakDoyleEnvergaHousakosMartinNeufeldNgoPlettTkachukUnger—11
ABSTENTIONS
The Honourable Senators
CoolsMacDonaldSmith—3
Accordingly, Bill C-16 was read a third time and passed.
Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill without amendment.
A point of order was raised with respect to language in debate.
SPEAKER'S RULING
I thank Senator Jaffer for raising this point of order about language in debate, and I very much appreciate Senator Enverga’s apology. I do remind senators of rule 6-13(1), and that not just sharp and taxing comments are unparliamentary and out of order, but also personal comments. When you are preparing your speeches, honourable senators, I ask you to please refer to this rule and to be constantly mindful of the decorum of the Senate and respect for all the individuals who make up this place.
Bills – Messages from the House of Commons
Consideration of the message from the House of Commons concerning Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act:
Tuesday, June 13, 2017
ORDERED,—That a message be sent to the Senate to acquaint their Honours that, in relation to Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, the House:
agrees with amendments 1(a), 1(c), 4 and 5 made by the Senate;
proposes that amendments 1(b)(i) and (ii) be amended by replacing the number “60” with the number “55”;
proposes that amendment 1(b)(iii) be amended by replacing the words in paragraph 5(1.04)(a) with the following words “made by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court; and”;
proposes that with respect to amendment 2:
the portion of subsection 10(3) before paragraph (a) be amended by deleting the word “revoking” and adding the words “may be revoked” after the words “renunciation of citizenship”;
paragraph 10(3)(d) be amended by replacing all the words after the words “advises the person” to the word “Court.” with the following words “that the case will be referred to the Court unless the person requests that the case be decided by the Minister.”;
the portion of subsection 10(3.1) before paragraph (a) be amended by replacing the word “received,” with the words “sent, or within any extended time that the Minister may allow for special reasons,”;
paragraph 10(3.1)(a) be amended by deleting the words “humanitarian and compassionate” and adding after the words “including any considerations” the words “respecting his or her personal circumstances” and by adding the words “of the case” after the words “all of the circumstances” and by deleting the word “Minister’s” before the words “decision will render the person”;
paragraph 10(3.1)(b) be amended by replacing the words “referred to the Court” with the words “decided by the Minister”;
subsection 10(4.1) be amended by replacing that subsection with the following “(4.1) The Minister shall refer the case to the Court under subsection 10.1(1) unless (a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied (i) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, or (ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or (b) the person has made a request under paragraph (3.1)(b).”;
subclause 3(4) be amended by deleting all the words beginning with “(4) The Act is amended by adding the following” to the words “under this Act or the Federal Courts Act.”;
proposes that amendment 3(a) be amended in subsection 10.1(1) by replacing the words “If a person” with the words “Unless a person”;
proposes that with respect to amendment 3(b):
subsection 10.1(4) be amended by replacing all the words beginning with “If the Minister seeks a declaration” and ending with the words “knowingly concealing material circumstances.” with the words “For the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act, the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.”;
by deleting subsection 10.1(5);
proposes that amendment 6(a) be amended by replacing clause 19.1 with the following “19.1(1) Any decision that is made under subsection 10(1) of the Citizenship Act as it read immediately before the day on which subsection 3(2) comes into force and that is set aside by the Federal Court and sent back for a redetermination on or after that day is to be determined in accordance with that Act as it reads on that day. (2) A proceeding that is pending before the Federal Court before the day on which subsection 3(2) comes into force as a result of an action commenced under subsection 10.1(1) of the Citizenship Act is to be dealt with and disposed of in accordance with that Act as it read immediately before that day.”;
proposes that amendment 6(b) be amended by replacing clause 20.1 with the following “20.1 If, before the day on which subsection 3(2) comes into force, a notice has been given to a person under subsection 10(3) of the Citizenship Act and a decision has not been made by the Minister before that day, the person may, within 30 days after that day, request to have the matter dealt with and disposed of as if the notice had been given under subsection 10(3) of that Act as it reads on that day.”;
respectfully disagrees with amendment 7 because it would give permanent resident status to those who acquired that status fraudulently;
proposes that amendment 8 be amended by replacing all the words after “(3.1) Subsections” with the following words “3(2) and (3) and 4(1) and (3) and section 5.1 come into force on a day to be fixed by order of the Governor in Council.”.
The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare:
That the Senate concur in the amendments made by the House of Commons to its amendments 1(b)(i), 1(b)(ii), 1(b)(iii), 2, 3(a), 3(b), 6(a), 6(b) and 8 to Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act;
That the Senate do not insist on its amendment 7 to which the House of Commons has disagreed; and
That a message be sent to the House of Commons to acquaint that house accordingly.
After debate,
The question being put on the motion, it was adopted on the following vote:
YEAS
The Honourable Senators
AtaullahjanBakerBellemareBernardBonifaceBoveyBrazeauCampbellCoolsCordyCormierDawsonDayDeanDuffyDupuisDyckEggletonForestFraserGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalKennyLankinMaltaisMarwahMassicotteMcCoyMégieMercerMitchellMoncionOhOmidvarPatePetitclercPratteRinguetteSaint-GermainTannasTardifWetstonWhiteWoo—51
NAYS
The Honourable Senators
BattersBeyakBoisvenuCarignanDagenaisDoyleEatonEnvergaFrumHousakosLangMacDonaldManningMarshallMartinMcIntyreMocklerNeufeldNgoOgilviePattersonPlettRuncimanSeidmanSmithStewart OlsenTkachukUngerWells—29
ABSTENTIONS
The Honourable Senators
Nil
Reports of Committees – Other
Orders No. 1 to 5 were called and postponed until the next sitting.
Motions
Order No. 1 was called and postponed until the next sitting.
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:
That photographers and camera operators be authorized in the Senate Chamber to photograph and videotape the next Royal Assent ceremony, with the least possible disruption of the proceedings.
The question being put on the motion, it was adopted.
The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:
That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Monday, June 19, 2017, at 4 p.m.;
That committees of the Senate scheduled to meet on that day be authorized to sit even though the Senate may then be sitting and that rule 12-18(1) be suspended in relation thereto; and
That rule 3-3(1) be suspended on that day.
The question being put on the motion, it was adopted.
Inquiries
Order No. 2 was called and postponed until the next sitting.
Other Business
SPEAKER'S RULING
Honourable senators, I am ready to deal with the point of order raised yesterday by Senator Harder with respect to the motion, moved by Senator Pratte, proposing that the Standing Senate Committee on National Finance divide Bill C-44. Senator Harder’s basic concern was that the adoption of the motion could result in there being two new bills, originating in the Senate, each requiring a Royal Recommendation, instead of just the one that came from the House of Commons.
Bill C-44 is a Budget Implementation Act. If the Senate were to agree to Senator Pratte’s motion, it would start a process whereby the Senate proposes to the House of Commons that there be two bills, where we now have only one. One of the new bills would deal with the proposed Canada Infrastructure Bank, while the other would deal with all other parts of Bill C-44. This type of motion, which empowers a committee to do something it cannot normally do, is called a motion of instruction and requires one day’s notice.
The process for dividing bills is rarely used. The general steps in such cases were recently summarized in the fifth report of the Rules Committee, presented to the Senate on April 6, 2017, and adopted on May 30. As the report notes, the process for dividing bills from the other place must include the Commons’ agreement for the division to actually take effect. The adoption by the Senate of the Rules Committee’s report makes it clear that, in at least some circumstances, we can initiate here in the Senate the division of a C-bill.
After searching the Journals of the Senate, only two precedents can be found in which the division of a bill has actually advanced beyond the adoption of a motion of instruction.
In 1988, the Senate proposed to divide Bill C-103. The Speaker ruled the motion of instruction out of order because of issues related to the Royal Recommendation. However, the decision was overturned. As a result, the Senate proposed to divide the bill. The House of Commons eventually rejected the proposal as an infringement of its rights and privileges, and the Senate did not insist on the division. The fact that the Speaker’s ruling was overturned does not necessarily invalidate the analysis it contained. It is possible that the Senate simply chose not to apply the results in this situation.
Later, in 2002, the Senate dealt with Bill C-10. The Senate authorized the Legal and Constitutional Affairs Committee to divide the bill. In this case, no point of order was raised, and the motion of instruction was not challenged. The committee eventually reported its proposal as to how to divide the bill, and returned one part — Bill C-10A — to the Senate without amendment. It did not appear that Bill C-10A required a Royal Recommendation, so the issues at play in the current situation were not at the forefront of the Senate’s considerations. The House of Commons was eventually asked to concur in the division of the bill and to agree to Bill C-10A. Although the Commons made clear that they did not consider this a valid precedent, they did agree to the division of the bill and to the passage of Bill C-10A, which then received Royal Assent. The other part — Bill C-10B — was still under consideration when Parliament was prorogued.
Senator Pratte’s motion follows how the Senate has dealt with the division of bills in the past, and certainly reflects the summary provided by the Rules Committee. As such, concerns about the specific mechanics of the process to be followed need not be further considered here.
The real heart of the question is whether, in the case of Bill C-44, the Senate can properly propose the division of the bill. This issue, in turn, is directly tied to the actual nature of Bill C-44. It is a government bill that originated in the House of Commons with a Royal Recommendation. If the bill were to be divided, this would be as a result of a proposal that originated in the Senate, and not from the government. One must ask whether it would be reasonable to still consider the two bills to be government initiatives from the House of Commons.
Far more significant, however, is the matter of the Royal Recommendation. The Rules define the Royal Recommendation as:
The authorization provided in a message of the Governor General for the consideration of a bill approving the spending of public monies proposed in a bill. The Royal Recommendation is provided only by a minister and only in the House of Commons. This requirement is based on section 54 of the Constitution Act, 1867.
Without a Royal Recommendation, a bill appropriating public monies is not properly before Parliament. This fact reflects the fundamental principle that the Crown must agree to proposed expenditures, which first must be considered by the elected house. This principle is part of the foundation of responsible government and helps ensure a coherent fiscal structure. It is given expression in rule 10-7, which establishes that “The Senate shall not proceed with a bill appropriating public money unless the appropriation has been recommended by the Governor General.”
During consideration of the point of order, it was explained that the provisions of Bill C-44 relating to the Canada Infrastructure Bank authorize substantial payments from the Consolidated Revenue Fund. Other elements of the bill also authorize payments from the fund. Therefore, the proposed division of the bill would result in two bills appropriating public money as a result of a Senate initiative. It is difficult to see how this respects either the spirit or the letter of the Rules and basic parliamentary principles.
This does not, and let me emphasize this, mean that the Senate cannot amend a bill in accordance with rules and practice. The Senate can also defeat clauses, and even reject a bill entirely. All these possibilities are, however, substantially different from the Senate initiating steps to create two bills, both of which require the Royal Recommendation, where there was previously only one bill with one recommendation.
Although the motion at issue respects the mechanics for splitting a bill, its adoption would, in effect, result in Senate action initiating two bills, each requiring a Royal Recommendation. For this reason I feel compelled to rule the motion out of order.
Whereupon the Speaker’s ruling was appealed.
The question being put on whether the Speaker’s Ruling shall be sustained, it was negatived on the following vote:
YEAS
The Honourable Senators
BakerBellemareBonifaceBoveyCampbellCoolsCordyCormierDeanDuffyDupuisEggletonForestGagnéGalvezGoldHarderHartlingJafferLankinMarwahMcIntyreMégieMitchellMoncionOmidvarPatePetitclercPratteRinguetteSaint-GermainWetstonWoo—33
NAYS
The Honourable Senators
AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDayDoyleEatonEnvergaFraserFrumGriffinHousakosJoyalLangMacDonaldMaltaisMarshallMartinMcCoyMercerMocklerNeufeldNgoOgilvieOhPattersonPlettRuncimanSeidmanSmithStewart OlsenTannasTkachukUngerWells—38
ABSTENTION
The Honourable Senator
Tardif—1
Senate Public Bills – Third Reading
Orders No. 1 and 2 were called and postponed until the next sitting.
Commons Public Bills – Third Reading
Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).
And on the motion in amendment of the Honourable Senator Enverga, seconded by the Honourable Senator Ngo:
That Bill C-210 be not now read a third time, but that it be amended in the schedule, on page 2, by replacing the words “all of us com-mand” with “all of our com-mand”.
After debate,
The question was put on the motion in amendment.
Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.
Order No. 2 was called and postponed until the next sitting.
Third reading of Bill C-238, An Act respecting the development of a national strategy for the safe and environmentally sound disposal of lamps containing mercury.
The Honourable Senator Cordy moved, seconded by the Honourable Senator Joyal, P.C., that the bill be read for a third time.
After debate,
The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, 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
Order No. 1 was called and postponed until the next sitting.
Senate Public Bills – Second Reading
Orders No. 1 to 5 were called and postponed until the next sitting.
Ordered : That Order No. 1, under Senate Public Bills - Reports of Committees, be again called.
Consideration of the eighteenth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-236, An Act to recognize Charlottetown as the birthplace of Confederation, with amendments), presented in the Senate on June 13, 2017.
The Honourable Senator Runciman moved, seconded by the Honourable Senator Andreychuk, that the report be adopted.
After debate,
The question being put on the motion, it was adopted.
The Honourable Senator Griffin moved, seconded by the Honourable Senator Unger, 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 – Second Reading
Order No. 1 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Seidman, for the second reading of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).
After debate,
The Honourable Senator Joyal, P.C., moved, seconded by the Honourable Senator Gagné, 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. 1 and 5 to 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator MacDonald, seconded by the Honourable Senator Patterson:
That the sixth report of the Standing Senate Committee on Transport and Communications, entitled Pipelines for Oil: Protecting our Economy, Respecting our Environment, deposited with the Clerk of the Senate on December 7, 2016 be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Natural Resources being identified as minister responsible for responding to the report, in consultation with the Ministers of Transport and Fisheries, Oceans and the Canadian Coast Guard.
After debate,
The Honourable Senator Day 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.
With leave,
The Senate reverted to Presenting or Tabling Reports from Committees.
The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the seventeenth report of the committee (Supplementary Estimates (A) 2017-18).—Sessional Paper No. 1/42-1208S.
The Honourable Senator Mockler moved, seconded by the Honourable Senator Smith, 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.
Orders of the Day
Other Business
Reports of Committees – Other
Orders No. 11 and 12, 14 and 15, and 17 and 18 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Smith, for the adoption 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.
After debate,
In amendment, the Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Day:
That the tenth report of the Standing Senate Committee on National Security and Defence be not now adopted, but that it be amended by deleting the second recommendation.
The Honourable Senator Lang moved, seconded by the Honourable Senator Neufeld, that further debate on the motion in amendment be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 31 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lang, seconded by the Honourable Senator Martin:
That the eleventh report of the Standing Senate Committee on National Security and Defence, entitled Reinvesting in the Canadian Armed Forces: A plan for the future, deposited with the Clerk of the Senate on May 8, 2017, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of National Defence being identified as minister responsible for responding to the report.
After debate,
The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Day:
That the eleventh report of the Standing Senate Committee on National Security and Defence be not now adopted, but that it be referred back to the Standing Senate Committee on National Security and Defence for consideration, particularly in light of the document entitled Strong, Secure, Engaged: Canada’s Defence Policy, tabled in the Senate on June 7, 2017.
The Honourable Senator Boniface 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.
Orders No. 35, 37 and 40 to 43 were called and postponed until the next sitting.
Motions
Order No. 31 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Runciman:
Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;
Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;
Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;
Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;
Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;
Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;
Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;
Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;
Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.
SCHEDULE
AMENDMENT TO THE CONSTITUTION OF CANADA
1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.
(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).
2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:
I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.
3. This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).
After debate,
The Honourable Senator Ringuette moved, seconded by the Honourable Senator Lankin, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 89 was called and postponed until the next sitting.
The order was called for resuming debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Cowan:
That the Senate note with concern the escalating and hostile behaviour exhibited by the People’s Republic of China in the South China Sea and consequently urge the Government of Canada to encourage all parties involved, and in particular the People’s Republic of China, to:
(a) recognize and uphold the rights of freedom of navigation and overflight as enshrined in customary international law and in the United Nations Convention on the Law of the Sea;
(b) cease all activities that would complicate or escalate the disputes, such as the construction of artificial islands, land reclamation, and further militarization of the region;
(c) abide by all previous multilateral efforts to resolve the disputes and commit to the successful implementation of a binding Code of Conduct in the South China Sea;
(d) commit to finding a peaceful and diplomatic solution to the disputes in line with the provisions of the UN Convention on the Law of the Sea and respect the settlements reached through international arbitration; and
(e) strengthen efforts to significantly reduce the environmental impacts of the disputes upon the fragile ecosystem of the South China Sea;
That the Senate also urge the Government of Canada to support its regional partners and allies and to take additional steps necessary to de-escalate tensions and restore the peace and stability of the region; and
That a message be sent to the House of Commons to acquaint it with the foregoing.
And on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Lankin, P.C.:
That the question under debate be referred to the Standing Senate Committee on Foreign Affairs and International Trade.
The question being put on the motion, it was negatived.
The Senate resumed debate on the motion of the Honourable Senator Ngo, seconded by the Honourable Senator Cowan:
That the Senate note with concern the escalating and hostile behaviour exhibited by the People’s Republic of China in the South China Sea and consequently urge the Government of Canada to encourage all parties involved, and in particular the People’s Republic of China, to:
(a) recognize and uphold the rights of freedom of navigation and overflight as enshrined in customary international law and in the United Nations Convention on the Law of the Sea;
(b) cease all activities that would complicate or escalate the disputes, such as the construction of artificial islands, land reclamation, and further militarization of the region;
(c) abide by all previous multilateral efforts to resolve the disputes and commit to the successful implementation of a binding Code of Conduct in the South China Sea;
(d) commit to finding a peaceful and diplomatic solution to the disputes in line with the provisions of the UN Convention on the Law of the Sea and respect the settlements reached through international arbitration; and
(e) strengthen efforts to significantly reduce the environmental impacts of the disputes upon the fragile ecosystem of the South China Sea;
That the Senate also urge the Government of Canada to support its regional partners and allies and to take additional steps necessary to de-escalate tensions and restore the peace and stability of the region; and
That a message be sent to the House of Commons to acquaint it with the foregoing.
The Honourable Senator Day moved, seconded by the Honourable Senator Eggleton, P.C., that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 139, 146, 158, 174, 189, 192, 194, 206 and 223 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Pratte, seconded by the Honourable Senator Gagné:
That it be an instruction to the Standing Senate Committee on National Finance that it divide Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, into two bills, in order that it may deal separately with the provisions relating to the Canada Infrastructure Bank contained in Division 18 of Part 4 in one bill and with the other provisions of Bill C-44 in the other bill.
After debate,
The Honourable Senator Woo moved, seconded by the Honourable Senator Cools, 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. 1 and 2, 8 and 11 to 14 were called and postponed until the next sitting.
Resuming debate on the inquiry of the Honourable Senator Mockler, calling the attention of the Senate to the issue of pipeline safety in Canada, and the nation-building project that is the Energy East proposal, and its resulting impact on the Canadian economy.
After debate,
The Honourable Senator Day moved, seconded by the Honourable Senator Eggleton, P.C., that further debate on the inquiry be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 19 and 20, and 23 to 26 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Maltais moved, seconded by the Honourable Senator White:
That, notwithstanding the order of the Senate adopted on Thursday, October 6, 2016, the date for the final report of the Standing Senate Committee on Agriculture and Forestry in relation to its study on the acquisition of farmland in Canada and its potential impact on the farming sector be extended from June 30, 2017 to December 21, 2017.
The question being put on the motion, it was adopted.
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 9:24 p.m., the Senate was continued until Monday, June 19, 2017, at 4 p.m.)
DOCUMENTS DEPOSITED WITH THE CLERK OF THE SENATE PURSUANT TO RULE 14-1(7)
Report on the Administration and Enforcement of the Fisheries Protection and Pollution Prevention Provisions of the Fisheries Act for the fiscal year ended March 31, 2016, pursuant to the Act, R.S.C. 1985, c. F-14, sbs. 42.1(1).—Sessional Paper No. 1/42-1199.
Royal Canadian Mounted Police (Dependants) Pension Fund Increase in Benefits Order (SOR/2017-53 to 73 and SI/2017-24), pursuant to the Royal Canadian Mounted Police Pension Continuation Act, R.S.C. 1970, c. R-10, sbs. 57(3).—Sessional Paper No. 1/42-1200.
Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016
Standing Senate Committee on Aboriginal Peoples
The Honourable Senator Raine replaced the Honourable Senator Martin (June 15, 2017).
The Honourable Senator Sinclair replaced the Honourable Senator Brazeau (June 15, 2017).
Standing Senate Committee on Banking, Trade and Commerce
The Honourable Senator Griffin replaced the Honourable Senator Wallin (June 15, 2017).
Standing Committee on Internal Economy, Budgets and Administration
The Honourable Senator Munson replaced the Honourable Senator Dawson (June 15, 2017).
The Honourable Senator Marshall replaced the Honourable Senator White (June 15, 2017).
Standing Senate Committee on Legal and Constitutional Affairs
The Honourable Senator Boisvenu replaced the Honourable Senator MacDonald (June 15, 2017).
The Honourable Senator MacDonald replaced the Honourable Senator Boisvenu (June 15, 2017).
The Honourable Senator Sinclair replaced the Honourable Senator Griffin (June 15, 2017).
The Honourable Senator Omidvar replaced the Honourable Senator Lankin, P.C. (June 15, 2017).
Standing Senate Committee on National Finance
The Honourable Senator Neufeld replaced the Honourable Senator McIntyre (June 15, 2017).
The Honourable Senator Eaton replaced the Honourable Senator Doyle (June 15, 2017).
The Honourable Senator Fraser was added to the membership (June 15, 2017).
The Honourable Senator Doyle replaced the Honourable Senator Eaton (June 15, 2017).
Special Senate Committee on Senate Modernization
The Honourable Senator Lankin, P.C., replaced the Honourable Senator Gold (June 15, 2017).
Standing Senate Committee on Social Affairs, Science and Technology
The Honourable Senator Raine replaced the Honourable Senator Beyak (June 15, 2017).
The Honourable Senator Cormier replaced the Honourable Senator Galvez (June 15, 2017).