The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlack (Alberta)Black (Ontario)BoisvenuBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeacon (Ontario)DowneDuffyDupuisDyckEggletonFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukUngerVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBeyakBlack (Alberta)Black (Ontario)BoisvenuBoveyBoyerBrazeauCampbellCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeacon (Ontario)DowneDuffyDupuisDyckEggletonFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart 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

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Joyal, P.C., Chair of the Standing Senate Committee on Legal and Constitutional Affairs, informed the Senate that, pursuant to the orders adopted by the Senate on February 15, 2018, and April 26, 2018, the committee deposited with the Clerk of the Senate on May 1, 2018, its twenty-third report (The subject matter of Bill C-45, An Act respecting cannabis to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts).—Sessional Paper No. 1/42-2010S.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Ataullahjan tabled the following:

Report of the Canadian Delegation of the Inter-Parliamentary Union (IPU) respecting its participation at the meeting of the Executive Committee of the IPU and the meeting of the High-Level Advisory Group on Countering Terrorism and Violent Extremism, held in Geneva, Switzerland, from February 3 to 6, 2018.—Sessional Paper No. 1/42-2017.

Report of the Canadian Delegation of the Interparliamentary Union respecting its participation at the meeting of the Steering Committee of the Twelve Plus Group held in Lisbon, Portugal, on March 4 and 5, 2018.—Sessional Paper No. 1/42-2018.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

Pursuant to rule 4-10(2), the Honourable Senator Harder, P.C., tabled the following:

Reply to Question No. 69, dated January 30, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Smith, regarding a video titled The Creation of the GRO in the Senate.—Sessional Paper No. 1/42-2019S.

Reply to Question No. 77, dated February 8, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator Oh, with respect to Bill C-45 and Canada’s obligations under the Convention on the Rights of the Child.—Sessional Paper No. 1/42-2020S.

Reply to Question No. 82, dated March 20, 2018, appearing on the Order Paper and Notice Paper in the name of the Honourable Senator McIntyre, regarding health care costs arising from the legalization of marijuana.—Sessional Paper No. 1/42-2021S.

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 – Third Reading

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

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Mercer, seconded by the Honourable Senator Day, for the second reading of Bill C-50, An Act to amend the Canada Elections Act (political financing).

After debate,

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

The bill was then read the second time.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Eggleton, P.C., that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Orders No. 2 and 3 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 Cools, for the second reading of Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts.

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.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons, returning Bill C-49, An Act to amend the Canada Transportation Act and other Acts respecting transportation and to make related and consequential amendments to other Acts, in the following words:

 Thursday, May 3, 2018

ORDERED,—That a Message be sent to the Senate to acquaint their Honours that this House:

agrees with amendments 2, 7(a) and 10(b) made by the Senate;

respectfully disagrees with amendments 1(a)(i), 1(b), 5(a)(i), 5(b) because the issues raised by the amendments are addressed in the bill or by existing legislation;

respectfully disagrees with amendment 1(a)(ii) because this would affect the Minister’s ability to issue a decision on an application for a joint venture within the timelines set forth in the bill;

respectfully disagrees with amendments 3 and 4 because the passenger rights will be established in regulation by the Canada Transportation Agency, as opposed to the airlines, and will automatically be incorporated into an airline tariff for the benefit of the passenger, and furthermore, Bill C-49 does not preclude third party advocates from filing complaints on the content of terms and conditions of tariffs they find unreasonable;

respectfully disagrees with amendment 5(a)(ii) because Bill C-49 mandates new regulations that would specify carriers’ obligations or standards of treatment of passengers for any delays, including a tarmac delay, as well as specific obligations for tarmac delays of more than three hours;

respectfully disagrees with amendment 5(a)(iii) because further study and consultation with concerned parties, including the federal agencies responsible for official languages, the Official Languages Commissioner and the industry stakeholders are required to better understand the economic implications and competitiveness on the Canadian air sector;

proposes that amendment 6 be amended by replacing the text of subsection (1.01) and (1.1) with the following “(1.1) For the purpose of an investigation conducted under subsection (1), the Agency shall allow a company at least 20 days to file an answer and at least 10 days for a complainant to file a reply. (1.11) The Agency may, with the authorization of the Minister and subject to any terms and conditions that the Minister considers appropriate, of its own motion, conduct an investigation to determine whether a railway company is fulfilling its service obligations. The Agency shall conduct the investigation as expeditiously as possible and make its determination within 90 days after the investigation begins.”;

proposes that amendment 7(b) be amended by replacing the text with the following text “in Canada that is in the reasonable direction of the shipper’s traffic and its destination;”;

in order to keep the intent of the Senate amendment 7(b), proposes to add the following amendment to Clause 95, subsection (5), page 64, by replacing line 8 with the following “km of an interchange in Canada that is in the reasonable direction of the shipper’s traffic and its destination”;

respectfully disagrees with amendment 7(c) because shippers in the Maritimes will continue to have access to other shipper remedies in the Act;

respectfully disagrees with amendment 8 because the final offer arbitration is not intended to be a cost-based remedy but rather a commercially-based process to settle a dispute during a negotiation of a confidential commercial contract;

proposes that amendment 9 be amended by replacing the text of the amendment with the following text “59.1 (1) Schedule II to the Act is amended by replacing “Bean (except soybean) derivatives (flour, protein, isolates, fibre)” with “Bean (including soybean) derivatives (flour, protein, isolates, fibre)”. (2) Schedule II to the Act is amended by replacing “Beans (except soybeans), including faba beans, splits and screenings” with “Beans, including soybeans, faba beans, splits and screenings”. (3) Schedule II to the Act is amended by adding, in alphabetical order, “Meal, soybean”, “Meal, oil cake, soybean”, “Oil, soybean” and “Oil cake, soybean”.”;

respectfully disagrees with amendment 10(a) because it would significantly impact the ability of railways to ensure the safety of railway operations.

ATTEST

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

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

Reports of Committees – Other

Consideration of the eleventh report of the Standing Senate Committee on Aboriginal Peoples (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), tabled in the Senate on May 1, 2018.

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

That the eleventh report of the Standing Senate Committee on Aboriginal Peoples, tabled in the Senate on Tuesday, May 1, 2018, 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 Indigenous Services Canada being identified as minister responsible for responding to the report, in consultation with the Ministers of Crown-Indigenous Relations and Northern Affairs, Health and Finance.

After debate,

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

Motions

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

o o o

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, May 7, 2018, at 6 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. 3 was called and postponed until the next sitting.

Other Business

Senate Public Bills – Third Reading

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

o o o

Ordered, That consideration of Order No. 2 be postponed until the next sitting of the Senate.

o o o

Orders No. 3 to 7 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Downe, seconded by the Honourable Senator Eggleton, P.C., for the second reading of Bill S-243, An Act to amend the Canada Revenue Agency Act (reporting on unpaid income tax).

After debate,

The Honourable Senator Martin 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.

o o o

Orders No. 6 to 10 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator White, seconded by the Honourable Senator Enverga, for the second reading of Bill C-211, An Act respecting a federal framework on post-traumatic stress disorder.

After debate,

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

The bill was then read the second time.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Seidman, that the bill be referred to the Standing Senate Committee on National Security and Defence.

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

o o o

Order No. 2 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 Dawson, seconded by the Honourable Senator Joyal, P.C., for the second reading of Bill C-309, An Act to establish Gender Equality Week.

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

The bill was then read the second time.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Day, that the bill be referred to the Standing Senate Committee on Human Rights.

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 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.

With leave of the Senate,

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

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

o o o

Orders No. 7 and 8, 10, 15, 50, 66 and 75 were called and postponed until the next sitting.

Motions

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

o o o

Resuming debate on the motion of the Honourable Senator Griffin, seconded by the Honourable Senator Martin:

That the Senate affirm that literacy is a core component to active citizenship, a determinant for healthy outcomes, and, at its core, key to building an innovative economy with good, sustainable jobs;

That the Senate urge the Government to take into consideration the particular regional circumstances of Atlantic Canada based on smaller populations, many of which are in rural areas, when determining whether to implement programs using project-based funding compared to core funding;

That the Senate further urge the Minister of Employment, Workforce Development and Labour to make an exception to the present terms and conditions of the Office of Literacy and Essential Skills project-based funding programs in order to request an emergency submission to the Treasury Board for $600,000 of core funding for the Atlantic Partnership for Literacy and Essential Skills based on their 2017 pre-budget consultation submission to Parliament; and

That a message be sent to the House of Commons to acquaint that house with the foregoing.

The Honourable Senator Mercer moved, seconded by the Honourable Senator Dyck, 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. 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 Omidvar moved, seconded by the Honourable Senator Bellemare, 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, 19 and 20, 24 to 26, 28 and 32 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Day, calling the attention of the Senate to the career of the Honourable Senator Fraser.

Debate concluded.

o o o

Orders No. 36, 39 to 41, and 44 were called and postponed until the next sitting.

MOTIONS

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

That, in the interest of promoting the autonomy and independence of the Senate, the Senate calls on the Governor in Council to appoint the Clerk of the Senate and Clerk of the Parliaments in accordance with the express recommendation of the Senate.

After debate,

The Honourable Senator Omidvar moved, for the Honourable Senator Saint-Germain, seconded by the Honourable Senator Gold, that further debate on the motion 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 Petitclerc:

That the Senate do now adjourn.

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

(Accordingly, at 4:07 p.m., the Senate was continued until Monday, May 7, 2018, at 6 p.m.)

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

Report of the Nuclear Waste Management Organization, together with the Auditors’ Report, for the year 2017, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1.—Sessional Paper No. 1/42-2015.

Report of the Canada Mortgage and Housing Corporation, together with the Auditor General’s Report, for the year ended December 31, 2017, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-2016.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Deacon replaced the Honourable Senator Woo (May 2, 2018).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Wallin replaced the Honourable Senator Verner, P.C. (May 3, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Ngo replaced the Honourable Senator Martin (May 3, 2018).

The Honourable Senator Martin replaced the Honourable Senator Ngo (May 2, 2018).

Standing Senate Committee on Human Rights

The Honourable Senator Brazeau replaced the Honourable Senator Cormier (May 2, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Tkachuk replaced the Honourable Senator Carignan, P.C. (May 3, 2018).

The Honourable Senator Maltais replaced the Honourable Senator Tkachuk (May 3, 2018).

The Honourable Senator Tkachuk replaced the Honourable Senator Maltais (May 2, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Campbell replaced the Honourable Senator Marwah (May 3, 2018).

The Honourable Senator Marwah replaced the Honourable Senator Campbell (May 2, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Campbell replaced the Honourable Senator Lankin, P.C. (May 3, 2018).

The Honourable Senator Galvez replaced the Honourable Senator Bernard (May 3, 2018).

The Honourable Senator Petitclerc replaced the Honourable Senator Galvez (May 3, 2018).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Deacon (May 2, 2018).

The Honourable Senator Deacon replaced the Honourable Senator Campbell (May 2, 2018).