The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifUngerVernerWallinWattWellsWetstonWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDowneDoyleDuffyDupuisDyckEatonEggletonFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLankinMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifUngerVernerWallinWattWellsWetstonWoo

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 the Speaker tabled the following:

Case Report of Findings of the Office of the Public Sector Integrity Commissioner in the Matter of an Investigation into a Disclosure of Wrongdoing (Canadian Food Inspection Agency), pursuant to the Public Servants Disclosure Protection Act, S.C. 2005, c. 46, sbs. 38(3.3).—Sessional Paper No. 1/42-1536.

Annual reports of the Office of the Privacy Commissioner of Canada 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, sbs. 72(2).—Sessional Paper No. 1/42-1537.

Presenting or Tabling Reports from Committees

The Honourable Senator Housakos presented the following:

Tuesday, September 26, 2017

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

EIGHTEENTH REPORT

Your committee, which is authorized by the Rules of the Senate to consider financial and administrative matters, recommends that Jacqueline J. Kuehl be appointed Law Clerk and Parliamentary Counsel of the Senate.

Respectfully submitted,

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.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

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

Bills – Second Reading

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

Commons Public Bills – Third Reading

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

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Bovey, for the second reading of Bill S-237, An Act to amend the Criminal Code (criminal interest rate).

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.

o o o

Orders No. 4 and 5 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Eaton, seconded by the Honourable Senator Seidman, for the second reading of Bill C-277, An Act providing for the development of a framework on palliative care in Canada.

After debate,

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

The bill was then read the second time.

The Honourable Senator Eaton moved, seconded by the Honourable Senator Seidman, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

o o o

Orders No. 4 to 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1 and 5 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Massicotte, seconded by the Honourable Senator 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.

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.

o o o

Orders No. 7 and 8, 10, 12, 14 and 15, 29, 33, 40 and 50 to 54 were called and postponed until the next sitting.

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158, 174, 189, 192, 206, 215 and 223 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Forest:

That the Standing Senate Committee on National Finance be authorized to examine and report on the Minister of Finance’s proposed changes to the Income Tax Act respecting the taxation of private corporations and the tax planning strategies involved, in particular:

•income sprinkling,

•holding passive investments inside a private corporation, and

•converting income into capital gains;

That the committee take particular note of the impact of the Government’s proposed changes on:

•incorporated small businesses and professionals,

•economic growth and government finances,

•the fairness of the taxation of different types of income, and

•other related matters; and

That the committee submit its final report to the Senate no later than November 30, 2017, and retain all powers necessary to publicize its findings for 180 days after presenting the final report.

After debate,

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Fraser, that further debate on the motion be adjourned until the next sitting.

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

YEAS

The Honourable Senators

BellemareBernardBonifaceBoveyBrazeauChristmasCordyCormierDawsonDayDeanDowneDuffyDupuisDyckEggletonFraserGagnéGalvezGriffinHartlingJafferJoyalKennyLankinMarwahMcPhedranMercerMoncionMunsonOmidvarPatePetitclercRinguetteSaint-GermainSinclairTardifWallinWattWoo—40

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBlack (Alberta)BoisvenuCarignanCoolsDagenaisDoyleEatonFrumGreeneHarderHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMitchellMocklerNeufeldNgoOgilvieOhPattersonPlettPoirierPratteRaineRichardsSeidmanSmithStewart OlsenTannasVernerWells—40

ABSTENTIONS

The Honourable Senators

MégieWetston—2

Question Period

Pursuant to the order adopted on September 21, 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

SPEAKER'S STATEMENT

There was a ruling of former Speaker Kinsella in 2009 that dealt with the effect of defeating a motion to adjourn debate. He quoted from the parliamentary authority Bourinot’s Parliamentary Procedure and Practice, fourth edition, which essentially said that if a member moves an adjournment motion and the house negatives that motion, that member has exhausted his or her right to speak to the main motion.

Of course, we are in the Senate of Canada and here we have some latitude to bypass that particular rule, if the senator wishes to ask for leave from the house to speak to the main motion No. 242. However, it will require unanimous consent.

The Senate resumed debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Forest:

That the Standing Senate Committee on National Finance be authorized to examine and report on the Minister of Finance’s proposed changes to the Income Tax Act respecting the taxation of private corporations and the tax planning strategies involved, in particular:

•income sprinkling,

•holding passive investments inside a private corporation, and

•converting income into capital gains;

That the committee take particular note of the impact of the Government’s proposed changes on:

•incorporated small businesses and professionals,

•economic growth and government finances,

•the fairness of the taxation of different types of income, and

•other related matters; and

That the committee submit its final report to the Senate no later than November 30, 2017, and retain all powers necessary to publicize its findings for 180 days after presenting the final report.

After debate,

In amendment, the Honourable Senator Downe moved, seconded by the Honourable Senator Watt:

That the motion be considered only after the Government has sent the legislation to the Senate.

After debate,

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

YEAS

The Honourable Senators

BernardChristmasCordyDawsonDayDeanDowneDupuisDyckEggletonFraserGalvezJafferJoyalMassicotteMcPhedranMégieMercerMunsonSaint-GermainTardifWattWoo—23

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCarignanCoolsCormierDagenaisDoyleDuffyEatonFrumGagnéGreeneGriffinHarderHartlingHousakosMacDonaldMaltaisManningMarshallMartinMarwahMcInnisMcIntyreMitchellMocklerMoncionNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineSmithStewart OlsenTannasWallinWellsWetston—53

ABSTENTIONS

The Honourable Senators

LankinRichardsRinguetteSinclair—4

The Senate resumed debate on the motion of the Honourable Senator Cools, seconded by the Honourable Senator Forest:

That the Standing Senate Committee on National Finance be authorized to examine and report on the Minister of Finance’s proposed changes to the Income Tax Act respecting the taxation of private corporations and the tax planning strategies involved, in particular:

•income sprinkling,

•holding passive investments inside a private corporation, and

•converting income into capital gains;

That the committee take particular note of the impact of the Government’s proposed changes on:

•incorporated small businesses and professionals,

•economic growth and government finances,

•the fairness of the taxation of different types of income, and

•other related matters; and

That the committee submit its final report to the Senate no later than November 30, 2017, and retain all powers necessary to publicize its findings for 180 days after presenting the final report.

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

Inquiries

Orders No. 1, 8, 11 to 14, 18 to 20, 23 to 26 and 28 were called and postponed until the next sitting.

MOTIONS

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

That, notwithstanding the order of the Senate adopted on Thursday, March 10, 2016, the date for the final report of the Standing Senate Committee on Energy, the Environment and Natural Resources in relation to its study on the transition to a low carbon economy be extended from September 30, 2017 to June 30, 2018.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 5:24 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Summaries of the Corporate Plan for the period 2017-18 to 2021-22 and of the Operating and Capital Budgets of the Canadian Dairy Commission for the dairy year ending July 31, 2018, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1535.

---

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 Fisheries and Oceans

The Honourable Senator Eaton replaced the Honourable Senator Enverga (September 26, 2017).

The Honourable Senator Mercer was added to the membership (September 25, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Wetston replaced the Honourable Senator Woo (September 26, 2017).

The Honourable Senator Black replaced the Honourable Senator Forest (September 26, 2017).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Martin replaced the Honourable Senator White (September 26, 2017).

Standing Joint Committee for the Scrutiny of Regulations

The Honourable Senator Wallin was added to the membership (September 26, 2017).

The Honourable Senator Dupuis was removed from the membership of the committee, substitution pending (September 26, 2017).