The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeaconDowneDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMacDonaldMaltaisMarshallMartinMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukVernerWallinWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoisvenuBonifaceBoveyBoyerBrazeauCarignanChristmasCoolsCordyCormierCoyleDagenaisDawsonDayDeaconDowneDoyleDuffyDupuisDyckEatonEggletonFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMacDonaldMaltaisMarshallMartinMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRichardsRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTkachukVernerWallinWetstonWhiteWoo

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

Tributes

Tribute was paid to the Honourable Senator Raine, who will retire from the Senate on May 11, 2018.

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable the Speaker tabled the following:

Special report to Parliament of the Commissioner of Official Languages, entitled A principled approach to the modernization of the Official Languages (Communications with and Services to the Public) Regulations, pursuant to the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.), sbs. 57 and 67(1).—Sessional Paper No. 1/42-2041.

Presenting or Tabling Reports from Committees

The Honourable Senator Tkachuk presented the following:

Thursday, May 10, 2018

The Standing Senate Committee on Transport and Communications has the honour to present its

ELEVENTH REPORT

Your committee, which was authorized by the Senate on May 9, 2018, to draw up reasons for the Senate’s insistence on its amendments 7(c) and 8 to 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, now recommends:

That the reasons for the Senate’s insistence on its amendment 7(c) be:

“because all regions of Canada should be treated equally, with fairness and respect. The House of Commons rejected the Senate amendment “because shippers in the Maritimes will continue to have access to other shipper remedies in the Act”. As the proposer of the Senate amendment pointed out in committee, this is unfair for the maritime region, since there are roads and therefore other modes of transportation in areas like Prince Rupert and northern Quebec where an exemption is provided.”; and

That the reasons for the Senate’s insistence on its amendment 8 be:

“because this amendment entitles a shipper to obtain a determination of the railway’s cost of transporting its goods to assist an arbitrator in final offer arbitration to determine whether to select the offer of the carrier or the shipper. By declaring that final offer arbitration is a commercially based process and not cost-based, the House of Commons has removed that entitlement from the shipper;”.

Respectfully submitted,

Ordered, That the report be placed on the Orders of the Day for consideration later this day.

o o o

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Transport and Communications, presented the committee’s twelfth report (Bill S-245, An Act to declare the Trans Mountain Pipeline Project and related works to be for the general advantage of Canada, without amendment).

The Honourable Senator Black (Alberta) moved, seconded by the Honourable Senator Mitchell, that the bill 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.

o o o

The Honourable Senator Eggleton, P.C., Chair of the Standing Senate Committee on Social Affairs, Science and Technology, tabled the twenty-fourth report (interim) of the committee, entitled The Federal Role in a Social Finance Fund.—Sessional Paper No. 1/42-2042S.

The Honourable Senator Eggleton, P.C., moved, seconded by the Honourable Senator Mercer, 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 – Reports of Committees

Consideration of the eleventh report of the Standing Senate Committee on Transport and Communications (Pursuant to rule 16-3, report on the reasons for the Senate’s insistence on certain amendments to Bill C-49), presented in the Senate on May 10, 2018.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Marshall, that the report be adopted.

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

Bills – Messages from the House of Commons

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Ringuette:

That the Senate concur in the amendments made by the House of Commons to 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

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

After debate,

The Honourable Senator Seidman moved, seconded by the Honourable Senator Smith:

That the motion, together with the message from the House of Commons on the same subject dated April 27, 2018, be referred to the Standing Senate Committee on Social Affairs, Science and Technology for consideration and report.

After debate,

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

YEAS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumMarshallMartinMcInnisMcIntyreMocklerNeufeldNgoOhPattersonPoirierRaineSeidmanSmithStewart OlsenTannasTkachukWhite—27

NAYS

The Honourable Senators

BellemareBernardBlack (Ontario)BonifaceBoveyBoyerBrazeauChristmasCoolsCordyCormierCoyleDayDupuisDyckEggletonGagnéGalvezGoldGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMcCallumMcCoyMcPhedranMégieMercerMitchellMoncionMunsonPatePetitclercPratteRinguetteSaint-GermainSinclairWallinWetstonWoo—43

ABSTENTIONS

The Honourable Senators

DuffyRichards—2

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Ringuette:

That the Senate concur in the amendments made by the House of Commons to 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

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

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

Bills – Third Reading

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

Bills – Second Reading

The order was called for resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Mitchell, for the second reading of Bill C-51, An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act.

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

The bill was then read the second time.

The Honourable Senator Sinclair moved, seconded by the Honourable Senator Pratte, 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

Second reading of Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

The Honourable Senator Hartling moved, seconded by the Honourable Senator Wetston, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, 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.

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, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, May 22, 2018, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

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

o o o

Order No. 187 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 5 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 to 10 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

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

Reports of Committees – Other

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

o o o

Resuming debate on the motion of the Honourable Senator Mockler, seconded by the Honourable Senator Tkachuk:

That the twenty-fourth report of the Standing Senate Committee on National Finance, entitled Fair, Simple and Competitive Taxation: The way forward for Canada, deposited with the Clerk of the Senate on December 13, 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 Finance being identified as minister responsible for responding to the report.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator Cordy, 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. 82 was called and postponed until the next sitting.

Motions

Orders No. 31, 73, 89, 146, 158, 189, 215, 245, 286, 302, 309 and 310, 325 and 328 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12 and 13, and 19 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Tardif, calling the attention of the Senate to regional universities and the important role they play in Canada.

After debate,

The Honourable Senator Mercer moved, seconded by the Honourable Senator Joyal, P.C., 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

Order No. 24 was called and postponed until the next sitting.

o o o

Order No. 25 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Orders No. 26, 28, 32 and 36 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Bernard, calling the attention of the Senate to anti-black racism.

After debate,

The Honourable Senator McPhedran moved, seconded by the Honourable Senator Bovey, 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

Orders No. 40 to 42, and 44 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Gold moved, seconded by the Honourable Senator Bellemare:

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, May 22, 2018, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

After debate,

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

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Plett:

That the Senate do now adjourn.

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

(Accordingly, at 4:45 p.m., the Senate was continued until tomorrow at 9 a.m.)

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Eaton replaced the Honourable Senator Oh (May 10, 2018).

The Honourable Senator Martin replaced the Honourable Senator Housakos (May 10, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Doyle replaced the Honourable Senator Martin (May 10, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Black (Alberta) replaced the Honourable Senator Massicotte (May 10, 2018).

Special Senate Committee on Senate Modernization

The Honourable Senator Dean replaced the Honourable Senator Gold (May 10, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Deacon replaced the Honourable Senator Lankin, P.C. (May 10, 2018).

The Honourable Senator Mockler replaced the Honourable Senator Maltais (May 10, 2018).

Standing Senate Committee on Transport and Communications

The Honourable Senator Griffin replaced the Honourable Senator Sinclair (May 10, 2018).

The Honourable Senator Cormier replaced the Honourable Senator Black (Alberta) (May 10, 2018).

The Honourable Senator Manning replaced the Honourable Senator Neufeld (May 10, 2018).

The Honourable Senator Plett replaced the Honourable Senator Oh (May 10, 2018).

The Honourable Senator Sinclair replaced the Honourable Senator Griffin (May 9, 2018).

The Honourable Senator Griffin replaced the Honourable Senator Sinclair (May 9, 2018).