The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKlyneLaBoucane-BensonLankinLovelace NicholasMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPratteRavaliaRichardsSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoisvenuBonifaceBoveyBoyerBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDupuisDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKlyneLaBoucane-BensonLankinLovelace Nicholas*MacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMunsonNgoOhOmidvarPatePattersonPetitclercPlettPratteRavaliaRichardsSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTkachukVernerWallinWellsWetstonWhiteWoo

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

The Senate observed a minute of silence in memory of the victims of the tragedy at the École Polytechnique in Montreal, which occurred 29 years ago on December 6, 1989.

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, presented the committee’s twenty-ninth report (Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, with an amendment and observations).

(The report is printed as an appendix at pages 4172-4184 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

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

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The Honourable Senator Mockler, Chair of the Standing Senate Committee on National Finance, tabled the thirty-sixth report (interim) of the committee, entitled Second Interim Report on the 2018-19 Main Estimates.—Sessional Paper No. 1/42-2629S.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Smith, 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.

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The Honourable Senator Andreychuk presented the following:

Thursday, December 6, 2018

The Standing Senate Committee on Foreign Affairs and International Trade has the honour to present its

TWENTY-SECOND REPORT

Your committee, to which was referred Bill S-6, An Act to implement the Convention between Canada and the Republic of Madagascar for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, has, in obedience to the order of reference of Tuesday, November 20, 2018, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

Observations

to the twenty-second report of the Standing Senate Committee on Foreign Affairs and International Trade (Bill S-6)

The Committee encourages the government to continue monitoring the political situation in Madagascar as it implements the Convention.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-90, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019, to which it desires the concurrence of the Senate.

The bill was read the first time.

Ordered, That the bill be placed on the Orders of the Day for a second reading at the next sitting.

Tabling of Reports from Interparliamentary Delegations

The Honourable Senator Downe tabled the following:

Report of the Canadian Delegation of the Organization for Security and Co-operation in Europe Parliamentary Assembly (OSCE PA) respecting its participation at the 27th annual session of the OSCE PA, held in Berlin, Germany, from July 7 to 11, 2018.—Sessional Paper No. 1/42-2630.

Notices of Motions

With leave of the Senate,

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

That, for the purposes of its consideration of Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, the Standing Senate Committee on National Finance have the power to meet, 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

Government Business

Bills – Third Reading

Third reading of Bill C-47, An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments).

The Honourable Senator Saint-Germain moved, seconded by the Honourable Senator Woo, that the bill be read for a third time.

After debate,

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

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.

Bills – Second Reading

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

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Resuming debate on the motion of the Honourable Senator Gold, seconded by the Honourable Senator Moncion, for the second reading of Bill C-59, An Act respecting national security matters.

After debate,

The Honourable Senator Martin 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

Order No. 4 was called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Mitchell, seconded by the Honourable Senator Pratte, for the second reading of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.

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 8 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 22 to 29 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

Bills – Messages from the House of Commons

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

Senate Public Bills – Third Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

Orders No. 1 to 6 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gold, for the second reading of Bill C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit).

After debate,

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. 5 to 8 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1, 5 to 7, 50 and 100 to 102 were called and postponed until the next sitting.

Motions

Orders No. 73, 89, 146, 189, 215, 302, 310 and 325 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Housakos, 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.

And on the motion in amendment of the Honourable Senator Saint-Germain, seconded by the Honourable Senator Housakos:

That the motion be not now adopted, but that it be amended by adding the following before the period:

“; and

That it be an instruction to the Standing Committee on Internal Economy, Budgets and Administration that it consider and recommend to the Senate, no later than the fifteenth day the Senate sits after the adoption of this motion, a process by which the Senate could submit to the Governor in Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments”.

After debate,

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Mitchell, 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. 357 and 358, 371 and 407 were called and postponed until the next sitting.

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Resuming debate on the motion of the Honourable Senator Miville-Dechêne, seconded by the Honourable Senator Klyne:

That the Senate, in light of the decisions made by the Government of Ontario with respect to the Office of the French Language Services Commissioner and the Université de l’Ontario français:

1.reaffirm the importance of both official languages as the foundation of our federation;

2.remind the Government of Canada of its responsibility to defend and promote language rights, as expressed in the Canadian Charter of Rights and Freedoms and the Official Languages Act; and

3.urge the Government of Canada to take all necessary measures, within its jurisdiction, to ensure the vitality and development of official language minority communities.

And on the motion in amendment of the Honourable Senator Housakos, seconded by the Honourable Senator Mockler:

That the motion be not now adopted, but that it be amended by replacing point 1 with the following:

“1.reaffirm the importance of the linguistic duality, French and English, given to us by our two founding peoples as the cornerstone of our federation and an essential part of our Canadian identity;”.

After debate,

The question was put on the motion in amendment.

Pursuant to rule 9-10(4), a standing vote was deferred until the next sitting after Friday at 5:30 p.m., with the bells to sound at 5:15 p.m. for fifteen minutes.

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Ordered : That Order No. 328 be again called.

Resuming debate on the motion of the Honourable Senator Housakos, 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.

And on the motion in amendment of the Honourable Senator Saint-Germain, seconded by the Honourable Senator Housakos:

That the motion be not now adopted, but that it be amended by adding the following before the period:

“; and

That it be an instruction to the Standing Committee on Internal Economy, Budgets and Administration that it consider and recommend to the Senate, no later than the fifteenth day the Senate sits after the adoption of this motion, a process by which the Senate could submit to the Governor in Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments”.

After debate,

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

The Senate resumed debate on the motion, as amended, of the Honourable Senator Housakos, 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; and

That it be an instruction to the Standing Committee on Internal Economy, Budgets and Administration that it consider and recommend to the Senate, no later than the fifteenth day the Senate sits after the adoption of this motion, a process by which the Senate could submit to the Governor in Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments.

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

Inquiries

Orders No. 12, 20, 26, 36, 39 and 40, 45, 47, 52 and 54 to 56 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Seidman:

That, notwithstanding the order of the Senate adopted on January 27, 2016, the date for the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its study on the present state of the domestic and international financial system be extended from December 31, 2018 to September 30, 2019.

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

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The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Seidman:

That, notwithstanding the order of the Senate adopted on September 27, 2018, the date for the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its study on the potential benefits and challenges of open banking for Canadian financial services consumers, with specific focus on the federal government’s regulatory role, be extended from February 22, 2019 to September 30, 2019.

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

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The Honourable Senator Stewart Olsen moved, seconded by the Honourable Senator Seidman:

That, notwithstanding the order of the Senate adopted on October 17, 2017, the date for the final report of the Standing Senate Committee on Banking, Trade and Commerce in relation to its study on issues pertaining to the management of systemic risk in the financial system, domestically and internationally, be extended from December 28, 2018 to September 30, 2019.

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

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The Honourable Senator Boniface moved, seconded by the Honourable Senator Wetston:

That, notwithstanding the orders of the Senate adopted on Tuesday, January 26, 2016, and Thursday, December 14, 2017, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study on Canada’s national security and defense policies, practices, circumstances and capabilities be extended from December 31, 2018 to October 31, 2019.

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

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The Honourable Senator Boniface moved, seconded by the Honourable Senator Wetston:

That, notwithstanding the orders of the Senate adopted on Thursday, January 28, 2016, and Thursday, December 14, 2017, the date for the final report of the Standing Senate Committee on National Security and Defence in relation to its study on the services and benefits provided to members of the Canadian Forces; to veterans; to members and former members of the Royal Canadian Mounted Police and their families, be extended from December 31, 2018 to October 31, 2019.

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 5:11 p.m., the Senate was continued until tomorrow at 9 a.m.)

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

Report of the Public Service Commission for the fiscal year ended March 31, 2018, pursuant to the Public Service Employment Act, S.C. 2003, c. 22, ss. 12 "23" and 13.—Sessional Paper No. 1/42-2628.

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Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Wallin replaced the Honourable Senator Bernard (December 5, 2018).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Ravalia replaced the Honourable Senator McCallum (December 5, 2018).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Tannas replaced the Honourable Senator Boisvenu (December 6, 2018).

The Honourable Senator Boisvenu replaced the Honourable Senator Tannas (December 5, 2018).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Jaffer replaced the Honourable Senator Dawson (December 6, 2018).

The Honourable Senator Simons replaced the Honourable Senator Dasko (December 6, 2018).

The Honourable Senator Pratte replaced the Honourable Senator Miville-Dechêne (December 6, 2018).

The Honourable Senator Boniface replaced the Honourable Senator Pate (December 6, 2018).

Standing Senate Committee on National Finance

The Honourable Senator Neufeld replaced the Honourable Senator Dagenais (December 6, 2018).

Special Senate Committee on Senate Modernization

The Honourable Senator McCoy replaced the Honourable Senator Gold (December 6, 2018).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Eaton replaced the Honourable Senator Wells (December 6, 2018).

The Honourable Senator Mockler replaced the Honourable Senator Poirier (December 6, 2018).

The Honourable Senator Deacon (Ontario) replaced the Honourable Senator Hartling (December 6, 2018).