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Journals of the Senate

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 148 (Revised)

Wednesday, October 18, 2017
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDayDeanDowneDoyleDuffyDyckEatonEggletonEnvergaForestFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcInnisMcIntyreMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTardifUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenais*DawsonDayDeanDowneDoyleDuffyDyckEatonEggletonEnvergaForestFureyGagnéGalvezGoldGreeneGriffinHarderHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcInnisMcIntyreMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSmithStewart OlsenTannasTardif*TkachukUngerVernerWallinWellsWetstonWhiteWoo

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

ROYAL ASSENT

At 2 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

October 18th, 2017

Mr. Speaker,

I have the honour to inform you that Ms. Patricia Jaton, Deputy Secretary to the Governor General, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 18th day of October, 2017, at 1:00 p.m..

Yours sincerely,

Stephen Wallace

Secretary to the Governor General

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bills Assented To

Wednesday, October 18, 2017

An Act to provide for the taking of restrictive measures in respect of foreign nationals responsible for gross violations of internationally recognized human rights and to make related amendments to the Special Economic Measures Act and the Immigration and Refugee Protection Act (Bill S-226, Chapter 21, 2017)

An Act to amend the Canada Evidence Act and the Criminal Code (protection of journalistic sources) (Bill S-231, Chapter 22, 2017)

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

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

Copy of the Commission appointing Stephen Wallace Deputy of the Governor General, to do in Her Excellency’s name all acts on her part necessary to be done during Her Excellency’s pleasure, dated October 2, 2017.—Sessional Paper No. 1/42-1647S.

The said Commission is as follows:

CANADA

JULIE PAYETTE

(L.S.)

By Her Excellency the Right Honourable Julie Payette, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

To STEPHEN WALLACE, of Ottawa, in the Province of Ontario,

GREETING:

WHEREAS by letter patent under the Great Seal of Canada bearing date the eighth day of September in the year of Our Lord one thousand nine hundred and forty-seven, it is constituted, ordered and declared that there shall be a Governor General and Commander-in-Chief in and over Canada;

WHEREAS Her Majesty Queen Elizabeth the Second, by Commission under the Great Seal of Canada bearing date the twentieth day of September in the year of Our Lord two thousand and seventeen, was graciously pleased to appoint me, during the Royal Pleasure, Governor General and Commander-in-Chief in and over Canada, and has further in and by the said Commission authorized, empowered and commanded me to exercise and perform all and singular the powers and directions contained in the said letters patent constituting the office of the Governor General and Commander-in-Chief, or in any other letters patent adding to, amending or substituted for the same;

WHEREAS under and pursuant to the provisions in that behalf in the Constitution Act, 1867, in and by the said letters patent Her Excellency the Governor General for the time being is authorized and empowered subject to any limitations and directions from time to time expressed or given by Her Majesty to appoint any person or persons, jointly and severally, to be her Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the Royal Pleasure, such of her powers, functions and authorities as she might deem it necessary or expedient to assign to such person or persons, provided that the appointment of such Deputy or Deputies should not affect the exercise of any such power, authority or function by the Governor General and Commander-in-Chief in person;

AND WHEREAS, I deem it necessary and expedient with a view to preventing delay in the performance of the public business and affairs of Canada to appoint some fit and proper person to be my Deputy within Canada for the purposes hereinafter mentioned;

KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Julie Payette, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth the Second, under the Great Seal of Canada, dated the twentieth day of September in the year of Our Lord two thousand and seventeen, constituting and appointing me to be the Governor General of Canada do hereby nominate, constitute and appoint you, Stephen Wallace, to be my Deputy within Canada, to be styled Deputy to the Governor General, whether I be absent from Canada or not and in that capacity to exercise, subject to any limitations and directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the powers of dissolving, recalling or proroguing the Parliament of Canada, of appointing members of the Ministry and of signifying Royal Assent in Parliament assembled.

PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Julie Payette, in person.

AND PROVIDED ALWAYS that you, Stephen Wallace, shall during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me or the person administering the Government of Canada.

GIVEN under my hand and seal at Ottawa, this second day of October in the year of Our Lord two thousand and seventeen and in the sixty-sixth year of Her Majesty’s Reign.

BY COMMAND,

JOHN KNUBLEY

Deputy Registrar General of Canada

Copy of the Commission appointing Patricia Jaton Deputy of the Governor General, to do in Her Excellency’s name all acts on her part necessary to be done during Her Excellency’s pleasure, dated October 2, 2017.—Sessional Paper No. 1/42-1648S.

The said Commission is as follows:

CANADA

JULIE PAYETTE

(L.S.)

By Her Excellency the Right Honourable Julie Payette, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

To PATRICIA JATON, of Ottawa, in the Province of Ontario,

GREETING:

WHEREAS by letter patent under the Great Seal of Canada bearing date the eighth day of September in the year of Our Lord one thousand nine hundred and forty-seven, it is constituted, ordered and declared that there shall be a Governor General and Commander-in-Chief in and over Canada;

WHEREAS Her Majesty Queen Elizabeth the Second, by Commission under the Great Seal of Canada bearing date the twentieth day of September in the year of Our Lord two thousand and seventeen, was graciously pleased to appoint me, during the Royal Pleasure, Governor General and Commander-in-Chief in and over Canada, and has further in and by the said Commission authorized, empowered and commanded me to exercise and perform all and singular the powers and directions contained in the said letters patent constituting the office of the Governor General and Commander-in-Chief, or in any other letters patent adding to, amending or substituted for the same;

WHEREAS under and pursuant to the provisions in that behalf in the Constitution Act, 1867, in and by the said letters patent Her Excellency the Governor General for the time being is authorized and empowered subject to any limitations and directions from time to time expressed or given by Her Majesty to appoint any person or persons, jointly and severally, to be her Deputy or Deputies within any part or parts of Canada, and in that capacity to exercise, during the Royal Pleasure, such of her powers, functions and authorities as she might deem it necessary or expedient to assign to such person or persons, provided that the appointment of such Deputy or Deputies should not affect the exercise of any such power, authority or function by the Governor General and Commander-in-Chief in person;

AND WHEREAS, I deem it necessary and expedient with a view to preventing delay in the performance of the public business and affairs of Canada to appoint some fit and proper person to be my Deputy within Canada for the purposes hereinafter mentioned;

KNOW YOU that being well assured of your loyalty, fidelity and capacity, I, the Right Honourable Julie Payette, Governor General of Canada, under and by virtue of and in pursuance of the power and authority vested in me by the Commission of Her Majesty Queen Elizabeth the Second, under the Great Seal of Canada, dated the twentieth day of September in the year of Our Lord two thousand and seventeen, constituting and appointing me to be the Governor General of Canada do hereby nominate, constitute and appoint you, Patricia Jaton, to be my Deputy within Canada, to be styled Deputy to the Governor General, whether I be absent from Canada or not and in that capacity to exercise, subject to any limitations and directions from time to time expressed or given by Her Majesty, all the powers, authorities and functions vested in and of right exercisable by me as Governor General, saving and excepting the powers of dissolving, recalling or proroguing the Parliament of Canada, of appointing members of the Ministry and of signifying Royal Assent in Parliament assembled.

PROVIDED ALWAYS that the appointment of my Deputy shall not affect the exercise of any such power, authority or function by me, the Right Honourable Julie Payette, in person.

AND PROVIDED ALWAYS that you, Patricia Jaton, shall during your continuance as my Deputy obey all such orders and instructions as you shall from time to time receive from me or the person administering the Government of Canada.

GIVEN under my hand and seal at Ottawa, this second day of October in the year of Our Lord two thousand and seventeen and in the sixty-sixth year of Her Majesty’s Reign.

BY COMMAND,

JOHN KNUBLEY

Deputy Registrar General of Canada

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Ringuette tabled the following:

Report of the Canadian Section of ParlAmericas respecting its bilateral visit to Havana, Cuba, from March 13 to 15, 2017, and its participation at the 2nd gathering of the Open Parliament Network and the 42nd meeting of the ParlAmericas Board of Directors, held in San Jose, Costa Rica, from March 15 to 18, 2017.—Sessional Paper No. 1/42-1649.

Report of the Canadian Section of ParlAmericas respecting its participation at the 9th gathering of the Group of Women Parliamentarians and the 43rd meeting of the ParlAmericas Board of Directors, held in Buenos Aires, Argentina, from May 22 to 24, 2017.—Sessional Paper No. 1/42-1650.

Report of the Canadian Section of ParlAmericas respecting its participation at the 47th regular session of the Organization of American States General Assembly, held in Cancun, Mexico, from June 18 to 21, 2017.—Sessional Paper No. 1/42-1651.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Response to the oral question asked in the Senate on September 27, 2017 by the Honourable Senator Maltais, concerning support for dairy and cheese producers. —Sessional Paper No. 1/42-1652S.

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

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

o o o

Resuming debate on the motion of the Honourable Senator Wetston, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act.

After debate,

The Honourable Senator Wallin moved, seconded by the Honourable Senator Brazeau, 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

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

Commons Public Bills – Third Reading

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

o o o

The order was called for resuming debate on the motion of the Honourable Senator Gold, seconded by the Honourable Senator Mégie, for the third reading of Bill C-305, An Act to amend the Criminal Code (mischief).

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

The bill was then read the 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.

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.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1 and 5 to 7 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Joyal, P.C., seconded by the Honourable Senator Cordy, for the adoption of the tenth report (interim), as amended, of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Nature), presented in the Senate on October 26, 2016.

The Honourable Senator Martin moved, for the Honourable Senator Neufeld, seconded by the Honourable Senator Mockler, 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

Order No. 10 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Smith, seconded by the Honourable Senator Ataullahjan:

That the twelfth report of the Standing Senate Committee on National Finance, entitled Smarter Planning, Smarter Spending: Achieving infrastructure success, tabled with the Clerk of the Senate on February 28, 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 Infrastructure and Communities being identified as minister responsible for responding to the report.

After debate,

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

o o o

Resuming debate on the consideration of the fifth report (interim) of the Standing Senate Committee on Energy, the Environment and Natural Resources, entitled Positioning Canada’s Electricity Sector in a Carbon Constrained Future, deposited with the Clerk of the Senate on March 7, 2017.

The Honourable Senator Neufeld moved, seconded by the Honourable Senator Martin, that further debate on the consideration of the report be adjourned until the next sitting.

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

o o o

Resuming debate on the motion of the Honourable Senator Fraser, seconded by the Honourable Senator Hubley, for the adoption of the fourth report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Sessional Order, presented in the Senate on March 7, 2017.

The Honourable Senator Poirier moved, seconded by the Honourable Senator Ataullahjan, 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. 29 and 33 were called and postponed until the next sitting.

o o o

Resuming debate on the consideration of the thirteenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled A turning point in Canada-Argentina Relations?, tabled in the Senate on June 1, 2017.

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

That the thirteenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled A turning point in Canada-Argentina relations?, tabled in the Senate on June 1, 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 Foreign Affairs being identified as minister responsible for responding to the report, in consultation with the Minister of International Trade.

After debate,

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

o o o

Orders No. 50 to 54 and 57 were called and postponed until the next sitting.

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158, 174, 189, 206, 215 and 233 were called and postponed until the next sitting.

o o o

Resuming debate on the motion, as modified, of the Honourable Senator Ataullahjan, seconded by the Honourable Senator Tkachuk:

That the Senate urge the Government of Canada to call upon the Government of Myanmar:

1.to bring an immediate end to the violence and gross violations of human rights against Rohingya Muslims;

2.to fulfill its pledge to uphold the spirit and letter of the Universal Declaration of Human Rights; and

3.to respond to the urgent calls of the international community and allow independent monitors entry into the country forthwith, in particular Rakhine State; and

That a message be sent to the House of Commons requesting that house to unite with the Senate for the above purpose.

After debate,

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

o o o

Order No. 245 was called and postponed until the next sitting.

Inquiries

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

o o o

Resuming debate on the inquiry of the Honourable Senator Munson, calling the attention of the Senate to the 10th anniversary of its groundbreaking report Pay Now or Pay Later: Autism Families in Crisis.

Debate.

ADJOURNMENT

At 4 p.m., pursuant to the order adopted by the Senate on February 4, 2016, the Senate adjourned until 1:30 p.m., tomorrow.

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

Summary of the Corporate Plan for 2017-18 to 2021-22 of National Capital Commission, pursuant to the Financial Administration Act, R.S.C 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1642.

Report of the National Film Board, together with the Auditor General’s Report, for the fiscal year ended March 31, 2017, pursuant to the National Film Act, R.S.C. 1985, c. N-8, sbs. 20(2).—Sessional Paper No. 1/42-1643.

Report on the operations of the Exchange Fund Account for the fiscal year ended March 31, 2017, pursuant to the Currency Act, R.S.C. 1985, c. C-52, sbs. 21(1).—Sessional Paper No. 1/42-1644.

Summaries of the Corporate Plan for 2017-18 to 2021-22 of the Canada Lands Company Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1645.

Summaries of the Corporate Plan for 2017-18 to 2021-22 and of the Capital and Operating Budgets for 2017-18 of Defence Construction (1951) Limited, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-1646.

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 Omidvar replaced the Honourable Senator Sinclair (October 18, 2017).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Sinclair replaced the Honourable Senator Bovey (October 18, 2017).

The Honourable Senator Hartling replaced the Honourable Senator Duffy (October 18, 2017).

The Honourable Senator Dyck was removed from the membership of the committee, substitution pending (October 18, 2017).

The Honourable Senator Downe was removed from the membership of the committee, substitution pending (October 18, 2017).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Neufeld replaced the Honourable Senator Eaton (October 18, 2017).

Special Senate Committee on Senate Modernization

The Honourable Senator Oh replaced the Honourable Senator Tkachuk (October 18, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Boisvenu replaced the Honourable Senator Frum (October 18, 2017).

The Honourable Senator Eaton replaced the Honourable Senator Neufeld (October 18, 2017).

The Honourable Senator Dagenais replaced the Honourable Senator Raine (October 18, 2017).

The Honourable Senator Cordy was added to the membership (October 18, 2017).

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