The Members convened were:

The Honourable Senators

AndreychukBattersBellemareBeyakBlackBoehmBoisvenuBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDayDeacon (Nova Scotia)Deacon (Ontario)DeanDoyleDuffyDyckEatonForestForest-NiesingFureyGagnéGalvezGoldGriffinHarderHartlingHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePetitclercPlettPratteRavaliaSaint-GermainSeidmanSimonsSinclairSmithTkachukVernerWallinWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

Andreychuk*AtaullahjanBattersBellemareBeyakBlackBoehmBoisvenuBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDasko*DawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDoyleDuffyDyckEatonForestForest-NiesingFureyGagnéGalvezGoldGriffinHarderHartlingHousakosJoyalLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNeufeldNgoOhOmidvarPatePetitclercPlettPratteRavaliaSaint-GermainSeidmanSimonsSinclairSmithTkachukVernerWallin*WellsWetstonWhiteWoo

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 Reports from Interparliamentary Delegations

The Honourable Senator Galvez tabled the following:

Report of the Canadian Section of ParlAmericas respecting its bilateral visit to Santiago and Valparaiso, Chile, from March 11 to 14, 2018, and to Montevideo, Uruguay, from March 14 to 16, 2018.—Sessional Paper No. 1/42-2521.

Report of the Canadian Parliamentary Delegation respecting its participation in the 5th Open Government Partnership Global Summit, held in Tbilisi, Georgia, from July 17 to 19, 2018.—Sessional Paper No. 1/42-2522.

Notices of Motions

With leave of the Senate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator MacDonald:

That, for the purposes of its study of Bill C-79, An Act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam, the Standing Senate Committee on Foreign Affairs and International Trade have the power to meet on Tuesday, October 23, 2018, and on Wednesday, October 24, 2018, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

Question Period

The Senate proceeded to Question Period.

Orders of the Day

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons in the following words:

Wednesday, October 17, 2018

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

agrees with amendments 3, 5(b), 6 and 7(a) made by the Senate;

respectfully disagrees with amendment 1 because replacing the word “means” with “includes” would result in a lack of clarity for both employees and employers;

respectfully disagrees with amendment 2 because, in focusing on harassment and violence, it would create an imbalance relative to all of the other occupational health and safety measures under Part II of the Canada Labour Code, and, in addition, other legislation, such as the Employment Equity Act, addresses some of those issues;

proposes that amendment 4 be amended by deleting paragraph (z.163) and by renumbering paragraph (z.164) as paragraph (z.163) because the addition of proposed paragraph (z.163) would mean that a single incident of harassment and violence in a work place would be considered to be a violation of the Canada Labour Code on the part of the employer, which would undermine the framework for addressing harassment and violence that Bill C-65 seeks to establish;

respectfully disagrees with amendment 5(a) because the complaints that are investigated under the section that would be amended do not include complaints relating to an occurrence of harassment and violence; and

respectfully disagrees with amendment 7(b) because this would be inconsistent with the Federal Public Sector Labour Relations and Employment Board’s other annual reporting obligations under both the Federal Public Sector Labour Relations and Employment Board Act and Part I of the Parliamentary Employment and Staff Relations Act and because that Board would only be reporting on a small subset of cases in respect of which there are appeals, thus creating a high risk that an employee’s identity would be revealed if such statistical data were published.

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 later this day.

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

Government Business

Bills – Second Reading

Second reading of Bill C-68, An Act to amend the Fisheries Act and other Acts in consequence.

The Honourable Senator Christmas moved, seconded by the Honourable Senator Deacon (Ontario), that the bill be read the second time.

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.

Bills – Messages from the House of Commons

Consideration of the message from the House of Commons concerning 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:

Wednesday, October 17, 2018

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

agrees with amendments 3, 5(b), 6 and 7(a) made by the Senate;

respectfully disagrees with amendment 1 because replacing the word “means” with “includes” would result in a lack of clarity for both employees and employers;

respectfully disagrees with amendment 2 because, in focusing on harassment and violence, it would create an imbalance relative to all of the other occupational health and safety measures under Part II of the Canada Labour Code, and, in addition, other legislation, such as the Employment Equity Act, addresses some of those issues;

proposes that amendment 4 be amended by deleting paragraph (z.163) and by renumbering paragraph (z.164) as paragraph (z.163) because the addition of proposed paragraph (z.163) would mean that a single incident of harassment and violence in a work place would be considered to be a violation of the Canada Labour Code on the part of the employer, which would undermine the framework for addressing harassment and violence that Bill C-65 seeks to establish;

respectfully disagrees with amendment 5(a) because the complaints that are investigated under the section that would be amended do not include complaints relating to an occurrence of harassment and violence; and

respectfully disagrees with amendment 7(b) because this would be inconsistent with the Federal Public Sector Labour Relations and Employment Board’s other annual reporting obligations under both the Federal Public Sector Labour Relations and Employment Board Act and Part I of the Parliamentary Employment and Staff Relations Act and because that Board would only be reporting on a small subset of cases in respect of which there are appeals, thus creating a high risk that an employee’s identity would be revealed if such statistical data were published.

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

That the Senate agree to the amendment the House of Commons made to Senate amendment 4 to 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;

That the Senate do not insist on its amendments 1, 2, 5(a) and 7(b), to which the House of Commons has disagreed; and

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

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.

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Pratte, for the third 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.

And on the motion in amendment of the Honourable Senator Pate, seconded by the Honourable Senator Deacon (Ontario):

That Bill C-51 be not now read a third time, but that it be amended

(a)in clause 10, on page 5,

(i)by replacing lines 17 to 20 with the following:

“(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are

(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,

(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or

(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;”, and

(ii)by adding the following after line 20:

“(2.2) Section 153.1 of the Act is amended by adding the following after subsection (3):

(3.1) For greater certainty, capacity to consent at the time of the sexual activity that forms the subject-matter of the charge cannot be inferred from evidence on capacity to consent at the time of another sexual activity.”; and

(b)in clause 19, on page 9,

(i)by replacing lines 20 to 23 with the following:

“(b) the complainant is incapable of consenting to the activity in question for any reason, including, but not limited to, the fact that they are

(i) unable to understand the nature, circumstances, risks and consequences of the sexual activity in question,

(ii) unable to understand that they have the choice to engage in the sexual activity in question or not, or

(iii) unable to affirmatively express agreement to the sexual activity in question by words or by active conduct;”, and

(ii)by adding the following after line 23:

“(2.2) Section 273.1 of the Act is amended by adding the following after subsection (2):

(2.1) For greater certainty, capacity to consent at the time of the sexual activity that forms the subject-matter of the charge cannot be inferred from evidence on capacity to consent at the time of another sexual activity.”.

After debate,

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Day, that further debate on the motion in amendment be adjourned until the next sitting.

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

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 Coyle, seconded by the Honourable Senator Pratte, for the second reading of Bill C-21, An Act to amend the Customs Act.

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.

o o o

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

o o o

Resuming debate on the motion of the Honourable Senator Campbell, seconded by the Honourable Senator Bovey, for the second reading of Bill C-64, An Act respecting wrecks, abandoned, dilapidated or hazardous vessels and salvage operations.

After debate,

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

The bill was then read the second time.

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the bill be referred to the Standing Senate Committee on Transport and Communications.

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

o o o

Orders No. 10 and 11 were called and postponed until the next sitting.

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 Tuesday, October 23, 2018, at 2 p.m.

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

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, October 23, 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.

Inquiries

Order No. 3 was called and postponed until the next sitting.

Other Business

Bills – Messages from the House of Commons

Consideration of the message from the House of Commons concerning Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children):

1.Preamble, page 2:

a)replace, in the English version, line 32 with the following:

“Whereas it is widely acknowledged that market-”

b)add the following after line 40:

“Whereas it is necessary to review and monitor the effectiveness of this Act, particularly in light of new forms of advertising;

And whereas persons who are at least 13 years of age but under 17 years of age are also vulnerable to marketing and its persuasive influence over their food preferences and consumption and it is also necessary to monitor and review the advertising of foods and beverages to that age group;”

2.Clause 2, page 3: replace line 8 with the following:

“children means persons who are under 13 years of age;”

3.Clause 4, page 3: add the following after line 28:

“7.3 Before the fifth anniversary of the day on which sections 7.1 and 7.2 come into force, those sections are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing their effect. The review is, in particular, to focus on whether there is an increase in the advertising of unhealthy food in a manner that is directed primarily at persons who are at least 13 years of age but under 17 years of age.”

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

That the Senate agree to the amendments made by the House of Commons to Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children); and

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

After debate,

The Honourable Senator Mercer 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.

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Gold, for the third reading of Bill S-203, An Act to amend the Criminal Code and other Acts (ending the captivity of whales and dolphins), as amended.

And on the motion in amendment of the Honourable Senator Tannas, seconded by the Honourable Senator Batters:

That Bill S-203, as amended, be not now read a third time, but that it be further amended,

(a)by adding the following after clause 6 (added by decision of the Senate on April 26, 2018):

“Exemption

7(1) Section 445.2 of the Criminal Code, section 28.1 of the Fisheries Act and section 7.1 of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act do not apply to a person whose name appears in the schedule to this Act.

(2) If the Governor in Council is of the opinion that it is in the public interest, the Governor in Council may, by order, add a name to or delete a name from the schedule.

(3) In determining whether it is in the public interest to add a name to or delete a name from the schedule, the Governor in Council must take into account whether a person

(a) conducts scientific research in respect of cetaceans; or

(b) provides assistance or care to or rehabilitates cetaceans.”; and

(b)by adding the following schedule to the end of the Bill:

“SCHEDULE

(Section 7)

Designated Persons

The Ocean Wise Conservation Association (Vancouver Aquarium)”.

The question was put on the motion in amendment.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

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 MacDonald, seconded by the Honourable Senator Tkachuk, for the third reading of Bill S-238, An Act to amend the Fisheries Act and the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (importation of shark fins), as amended.

After debate,

The Honourable Senator Pratte moved, seconded by the Honourable Senator Bovey, 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. 5 and 6 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 to 11 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.

o o o

Second reading of Bill C-354, An Act to amend the Department of Public Works and Government Services Act (use of wood).

The Honourable Senator Griffin moved, seconded by the Honourable Senator Mégie, that the bill be read the second time.

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.

o o o

Orders No. 6 to 8 were called and postponed until the next sitting.

Private Bills – Second Reading

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

Reports of Committees – Other

Orders No. 1, 5 to 8, 50 and 100 were called and postponed until the next sitting.

Motions

Orders No. 73, 89, 146, 158, 189, 215, 245 and 286 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”.

The Honourable Senator Martin moved, seconded by the Honourable Senator Plett, 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. 310, 325, 328, 357 and 358, and 371 were called and postponed until the next sitting.

Inquiries

Orders No. 8, 12, 20, 24, 26, 28, 36 and 39 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Poirier, calling the attention of the Senate to the ongoing challenges faced by seasonal workers in New Brunswick.

The Honourable Senator Cormier moved, seconded by the Honourable Senator Coyle, 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. 43 to 47, 52 and 56 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Cormier moved, seconded by the Honourable Senator Coyle:

That the Standing Senate Committee on Official Languages be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate, no later than October 31, 2018, an interim report on modernizing the Official Languages Act: the views of official language minority communities, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Senate.

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

o o o

The Honourable Senator Galvez moved, seconded by the Honourable Senator Mégie:

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 5 p.m. on Tuesday, October 23, 2018, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

The Honourable Senator Dagenais moved, for the Honourable Senator Boniface, seconded by the Honourable Senator Plett:

That, notwithstanding rule 12-15(2), the Standing Senate Committee on National Security and Defence be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information in relation to its study.

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

o o o

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

That, notwithstanding rule 12-15(2), the Standing Senate Committee on Legal and Constitutional Affairs be empowered to hold occasional meetings in camera for the purpose of hearing witnesses and gathering specialized or sensitive information in relation to its study on Bill C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts, as authorized by the Senate on June 6, 2018.

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

o o o

The Honourable Senator Griffin moved, seconded by the Honourable Senator Christmas:

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, October 23, 2018, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

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

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, October 23, 2018, at 5 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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 4:47 p.m., the Senate was continued until Tuesday, October 23, 2018, at 2 p.m.)

DECLARATIONS OF PRIVATE INTERESTS

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

The Honourable Senator Deacon (Nova Scotia), by oral declaration made to the Standing Senate Committee on National Finance, on October 17, 2018, regarding its study on the main estimates for the fiscal year ending March 31, 2019.

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

Report of the Canada Foundation for Innovation, together with the Auditors’ Report, for the fiscal year ended March 31, 2018, pursuant to the Budget Implementation Act, 1997, S.C. 1997, c. 26, sbs. 29(3).—Sessional Paper No. 1/42-2520.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Campbell replaced the Honourable Senator Ringuette (October 18, 2018).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Busson replaced the Honourable Senator Hartling (October 18, 2018).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Greene replaced the Honourable Senator Verner, P.C. (October 18, 2018).

The Honourable Senator Verner, P.C., replaced the Honourable Senator Greene (October 18, 2018).

The Honourable Senator White replaced the Honourable Senator Ataullahjan (October 18, 2018).

The Honourable Senator Housakos replaced the Honourable Senator Mockler (October 18, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Batters replaced the Honourable Senator Dagenais (October 18, 2018).