The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeacon (Ontario)DowneDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeacon (Ontario)DowneDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsSaint-GermainSeidmanSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

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

WRITTEN DECLARATION OF ROYAL ASSENT

At 2:03 p.m., the Honourable the Speaker informed the Senate that the following communication had been received:

RIDEAU HALL

May 1^st, 2018

Mr. Speaker:

I have the honour to inform you that the Right Honourable Julie Payette, Governor General of Canada, signified royal assent by written declaration to the bill listed in the Schedule to this letter on the 1^st day of May, 2018, at 10:55 a.m.

Yours sincerely,

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bill Assented To

Tuesday, May 1, 2018

An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act (Bill C-25, Chapter 8, 2018)

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Report of the Office of the Parliamentary Budget Officer, entitled The Government’s Expenditure Plan and Main Estimates for 2018-19, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/42-2006.

Presenting or Tabling Reports from Committees

The Honourable Senator Boniface, Chair of the Standing Senate Committee on National Security and Defence, tabled the sixteenth report of the committee (Subject matter of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts).—Sessional Paper No. 1/42-2007S.

o o o

The Honourable Senator Greene, Chair of the Special Senate Committee on Senate Modernization, tabled the twelfth report (interim) of the committee, entitled Senate Modernization: Moving Foward - Part II.—Sessional Paper No. 1/42-2008S.

o o o

The Honourable Senator Dyck, Chair of the Standing Senate Committee on Aboriginal Peoples, tabled the eleventh report of the committee (Subject matter of Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts).—Sessional Paper No. 1/42-2009S.

The Honourable Senator Dyck moved, seconded by the Honourable Senator Eggleton, 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.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

A message was brought from the House of Commons to return Bill S-5, An Act to amend the Tobacco Act and the Non-smokers’ Health Act and to make consequential amendments to other Acts,

And to acquaint the Senate that the Commons has passed this bill with the following amendments, to which it desires the concurrence of the Senate.

The amendments were then read by the Honourable the Speaker, as follows:

1.Clause 18, pages 12 and 13: replace line 36 on page 12 to line 7 on page 13 with the following:

“product, means

(a) that the product

(i) contains a drug that is set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, or a drug that is part of a class of drugs that is set out in that list, and

(ii) is the subject of an authorization issued under that Act authorizing its sale; or

(b) that the product contains a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act.”.

2.Clause 20, page 13: replace line 32 with the following:

“product unless the product and the package containing it display, in the”.

3.Clause 22, page 15: replace line 21 with the following:

“(a) respecting the information that must appear on tobacco products and to-”.

4.Clause 32, page 19: add the following after line 7:

“23.3 No person shall promote or sell a device that is a tobacco product or a part that may be used with such a device, whether or not the device or part contains tobacco, if the device or part has an appearance, shape or other sensory attribute or a function for which there are reasonable grounds to believe that it could make the device or part appealing to young persons.”.

5.Clause 36, page 21:

(a)delete lines 22 to 29; and

(b)renumber the remaining provision and amend all references to it accordingly.

6.Clause 44, pages 28 and 29:

(a)on page 28, delete lines 25 to 27;

(b)on pages 28 and 29, reletter paragraphs (f.01), (f.1), (f.2) and (f.3) as paragraphs (f), (e.1), (e.2) and (e.3), respectively;

(c)on page 29, replace line 10 with the following:

“following after paragraph (e):”; and

(d)on page 29, replace line 24 with the following:

“(6) Paragraph 33(e.2) of the Act is replaced by the”.

7.Clause 52, page 36: replace lines 9 to 19 with the following:

“52 Section 42.1 of the Act is repealed.”.

8.Clause 53, page 36:

(a)replace line 21 with the following:

“before Part VI:”;

(b)replace line 25 with the following:

“that are regulated under the Food and Drugs Act or that contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act.”; and

(c)replace line 29 with the following:

“and Drugs Act, or on the basis of type of licence, permit, authorization or exemption issued or granted under the Controlled Drugs and Substances Act.”.

9.Clause 61, page 40: replace line 15 with the following:

“or (2), section 25, 27, 30.1 or 30.2, subsection 30.3(1)”.

10.Clause 63, page 40:

(a)replace line 32 with the following:

“(2), 23.1(1) or (2) or 23.2(1) or (2), section 23.3, subsection 24(1) or (2), section 25,”; and

(b)replace line 33 with the following:

“27, 30.1 or 30.2, subsection 30.21(1) or 30.3(1) or (2),”.

11.Clause 68, page 42:

(a)replace line 25 with the following:

“adding “Tobacco products, except those that are manufactured or sold for export”;”; and

(b)replace line 33 with the following:

“adding “Tobacco products, except those that are manufactured or sold for export”.

(4) The schedule to the Act is amended by replacing the portion of items 1 to 13 in column 2 with the following:

”.

12.Clause 75, page 44:

(a)replace line 14 with the following:

“75 (1) Subsection 4(2) of the Canada Consumer”; and

(b)add the following after line 23:

“(2) Section 4 of the Act is amended by adding the following after subsection (3):

(4) The Consumer Chemicals and Containers Regulations, 2001 do not apply in respect of vaping products, within the meaning of paragraphs (a) to (c) of the definition vaping product in section 2 of the Tobacco and Vaping Products Act, unless those regulations are amended to expressly provide that they apply in respect of those products.

(3) Subsection 4(4) of the Act is repealed.”.

13.New Clause 79.1, page 47: add the following after line 14:

“79.1 If Bill C-45, introduced in the 1st session of the 42nd Parliament and entitled An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, receives royal assent, then, on the first day on which both subsection 204(1) of that Act and section 3 of this Act are in force,

(a) the definition accessory in section 2 of the Tobacco and Vaping Products Act is replaced by the following:

accessory means a product that may be used in the consumption of a tobacco product, including a pipe, cigarette holder, cigar clip, lighter and matches, and also means a water pipe. It does not include cannabis accessories, as defined in subsection 2(1) of the Cannabis Act. (accessoire)

(b) the portion of the definition vaping product in section 2 of the Tobacco and Vaping Products Act after paragraph (d) is replaced by the following:

It does not include devices and substances or mixtures of substances that are excluded by the regulations, cannabis, as defined in subsection 2(1) of the Cannabis Act, cannabis accessories, as defined in that subsection, tobacco products or their accessories. (produit de vapotage)”.

14.Clause 80, pages 47 and 48:

(a)on page 47, replace lines 26 and 27 with the following:

“38 and 40, subsections 44(2) and (5), sections 56, 62 and 63, subsections 68(1) to (3) and sections 69 and 70 come into force on the 180th”; and

(b)on page 48, add after line 12 the following:

“(8) Subsection 75(3) comes into force on a day to be fixed by order of the Governor in Council.”.

15.Schedule, page 50:

(a)replace the portion of items 1 to 9 in column 2 of Schedule 2 with the following:

“

”; and

(b)replace the portion of items 1 to 5 in column 2 of Schedule 3 with the following:

“

”.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Petitclerc, that the amendments be placed on the Orders of the Day for consideration at the next sitting.

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

Bills – Second Reading

Second reading of Bill C-55, An Act to amend the Oceans Act and the Canada Petroleum Resources Act.

The Honourable Senator Bovey moved, seconded by the Honourable Senator Harder, P.C., that the bill be read the second time.

After debate,

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

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

Bills – Third Reading

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

Bills – Second Reading

Orders No. 1 and 2, and 4 were called and postponed until the next sitting.

Motions

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

Inquiries

Order No. 3 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.

o o o

Resuming debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Carignan, P.C., for the third reading of Bill S-219, An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations.

Debate.

Question Period

Pursuant to the order adopted on April 26, 2018, the Senate proceeded to Question Period.

Pursuant to the order adopted on December 10, 2015, the Honourable  Carolyn Bennett, P.C., M.P., Minister of Crown-Indigenous Relations and Northern Affairs, entered the Senate and took part in Question Period.

Orders of the Day

Other Business

Senate Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Tkachuk, seconded by the Honourable Senator Carignan, P.C., for the third reading of Bill S-219, An Act to deter Iran-sponsored terrorism, incitement to hatred, and human rights violations.

After debate,

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

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

YEAS

The Honourable Senators

BellemareBernardBlack (Ontario)BonifaceBoveyBoyerCampbellChristmasCoolsCordyCormierCoyleDawsonDayDeacon (Ontario)DowneDuffyDupuisDyckEggletonGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMarwahMcCallumMcCoyMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePetitclercPratteSaint-GermainVernerWallinWetstonWoo—49

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMaltaisManningMarshallMartinMassicotteMcInnisMcIntyreMocklerNgoOhPattersonPlettPoirierRaineRichardsSeidmanSmithStewart OlsenTannasTkachukUngerWellsWhite—34

ABSTENTIONS

The Honourable Senators

Nil

o o o

Orders No. 5 to 7 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 Frum, seconded by the Honourable Senator Housakos, for the second reading of Bill S-239, An Act to amend the Canada Elections Act (eliminating foreign funding).

After debate,

The Honourable Senator Dupuis moved, seconded by the Honourable Senator Bernard, 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 to 6 were called and postponed until the next sitting.

o o o

Second reading of Bill S-246, An Act to amend the Borrowing Authority Act.

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

After debate,

The Honourable Senator Cools 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.

o o o

Orders No. 8 to 10 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 Dawson, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill C-309, An Act to establish Gender Equality Week.

After debate,

With leave of the Senate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Manning, 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. 4 was called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 8, 10, 15, 50, 66 and 75 were called and postponed until the next sitting.

o o o

Consideration of the first report of the Standing Joint Committee on the Library of Parliament (Quorum and Mandate of the Committee), presented in the Senate on April 25, 2018.

The Honourable Senator Moncion moved, seconded by the Honourable Senator Pate, that the report be adopted.

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

Motions

Orders No. 31, 73, 89, 146, 158, 189, 215, 245, 286 and 292 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Marwah:

That the Senate administration be instructed to remove the website of the Honourable Senator Beyak from any Senate server and cease to support any website for the senator until the process undertaken by the Senate Ethics Officer following a request to conduct an inquiry under the Ethics and Conflict of Interest Code for Senators in relation to the content of Senator Beyak’s website and her obligations under the Code is finally disposed of, either by the tabling of the Senate Ethics Officer’s preliminary determination letter or inquiry report, by a report of the Standing Committee on Ethics and Conflict of Interest for Senators, or by a decision of the Senate respecting the matter.

And on the motion in amendment of the Honourable Senator Pratte, seconded by the Honourable Senator Coyle:

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

1.by deleting the words “the Senate administration be instructed to remove the website of the Honourable Senator Beyak from any Senate server and cease to support any website for the senator”; and

2.by adding the following after the word “matter”:

“, the Senate administration be instructed:

(a)to remove the 103 letters of support dated March 8, 2017, to October 4, 2017, from the website of Senator Beyak (lynnbeyak.sencanada.ca) and any other website housed by a Senate server; and

(b)not to provide support, including technical support and the reimbursement of expenses, for any website of the senator that contains or links to any of the said letters of support”.

After debate,

The Honourable Senator Lovelace Nicholas moved, seconded by the Honourable Senator Dyck, 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

Orders No. 309 and 310, and 325 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 and 13 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Pate, calling the attention of the Senate to the circumstances of some of the most marginalized, victimized, criminalized and institutionalized in Canada, particularly the increasing over-representation of Indigenous women in Canadian prisons.

After debate,

Further debate on the inquiry was adjourned until the next sitting, in the name of the Honourable Senator Sinclair.

o o o

Orders No. 20, 24 to 26, 28, 32 and 33, 36, and 40 and 41 were called and postponed until the next sitting.

DECLARATIONS OF PRIVATE INTERESTS

Pursuant to rule 15-7(1) and subsection 12(1) of the Ethics and Conflict of Interest Code for Senators, declarations of private interest were made as follows:

The Honourable Senator Eaton, respecting Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, by written declaration.

The Honourable Senator Eaton, respecting Bill C-46, An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts, by written declaration.

INQUIRIES

The Honourable Senator Manning called the attention of the Senate to the extraordinary life of Captain Augustine Dalton.

Debate concluded.

o o o

The Honourable Senator Bernard called the attention of the Senate to anti-black racism.

After debate,

The Honourable Senator Lankin, P.C., moved, for the Honourable Senator McPhedran, seconded by the Honourable Senator Saint-Germain, that further debate on the inquiry be adjourned until the next sitting.

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

o o o

The Honourable Senator Wallin called the attention of the Senate to the Silver Alert concept, which mirrors the successful AMBER Alert system, and which is focused on helping the more than 700,000 Canadians living with dementia or Alzheimer’s and their families and caregivers and is aimed at helping to locate missing cognitively impaired adults.

After debate,

The Honourable Senator Lankin, P.C., moved, seconded by the Honourable Senator Saint-Germain, that further debate on the inquiry be adjourned until the next sitting.

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

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 7:45 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)

Employment Insurance Monitoring and Assessment Report for the fiscal year ended March 31, 2017, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).—Sessional Paper No. 1/42-2004.

Summaries of the Corporate Plan for 2018-22 and of the Capital Budget for 2018 of the Canada Development Investment Corporation, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2005.

---

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Woo replaced the Honourable Senator Marwah (April 26, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Verner, P.C., replaced the Honourable Senator Wallin (May 1, 2018).

The Honourable Senator Tannas replaced the Honourable Senator Frum (April 27, 2018).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Hartling replaced the Honourable Senator Deacon (April 26, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Ngo replaced the Honourable Senator Tannas (April 27, 2018).

The Honourable Senator Saint-Germain replaced the Honourable Senator Cormier (April 26, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Cormier replaced the Honourable Senator Brazeau (May 1, 2018).

The Honourable Senator Black (Ontario) replaced the Honourable Senator Pate (May 1, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Doyle replaced the Honourable Senator Ataullahjan (May 1, 2018).

The Honourable Senator Tkachuk replaced the Honourable Senator Batters (May 1, 2018).

The Honourable Senator Jaffer replaced the Honourable Senator Mercer (May 1, 2018).

The Honourable Senator Mercer replaced the Honourable Senator Jaffer (May 1, 2018).

The Honourable Senator Pate replaced the Honourable Senator Sinclair (April 30, 2018).

The Honourable Senator Ataullahjan replaced the Honourable Senator Eaton (April 30, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Massicotte replaced the Honourable Senator Pratte (May 1, 2018).

The Honourable Senator Pratte replaced the Honourable Senator Massicotte (May 1, 2018).

The Honourable Senator Massicotte replaced the Honourable Senator Pratte (April 30, 2018).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Ringuette replaced the Honourable Senator Omidvar (May 1, 2018).

The Honourable Senator Sinclair replaced the Honourable Senator Griffin (May 1, 2018).

The Honourable Senator Omidvar replaced the Honourable Senator Ringuette (April 30, 2018).

The Honourable Senator Griffin replaced the Honourable Senator Sinclair (April 30, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Campbell replaced the Honourable Senator Gold (May 1, 2018).

The Honourable Senator Patterson replaced the Honourable Senator Stewart Olsen (May 1, 2018).

The Honourable Senator Gold replaced the Honourable Senator Campbell (April 30, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Griffin replaced the Honourable Senator Boyer (May 1, 2018).

The Honourable Senator MacDonald replaced the Honourable Senator Oh (May 1, 2018).

The Honourable Senator Plett replaced the Honourable Senator Raine (May 1, 2018).

The Honourable Senator Raine replaced the Honourable Senator Plett (May 1, 2018).

The Honourable Senator Boyer replaced the Honourable Senator Griffin (April 30, 2018).

The Honourable Senator Oh replaced the Honourable Senator MacDonald (April 30, 2018).