Journals of the Senate
69 Elizabeth II , A.D. 2020, Canada
1st Session, 43rd Parliament
Issue 8 (Unrevised)
Tuesday, February 18, 2020
2 p.m.
The Honourable GEORGE J. FUREY, Speaker
The Members convened were:
The Honourable Senators
AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)BoehmBoyerBussonCampbellCarignanCordyCormierCoyleDagenaisDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckForestFrancisFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosKeatingKlyneKutcherLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo
The Members in attendance to business were:
The Honourable Senators
AndersonAtaullahjanBattersBellemareBernardBeyakBlack (Alberta)Black (Ontario)Boehm*Boisvenu*BoveyBoyerBussonCampbellCarignanCordyCormierCoyleDagenais*DalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckForest*Forest-NiesingFrancisFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosKeatingKlyneKutcherLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcInnisMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgo*OhOmidvarPatePattersonPetitclercPlettPoirierRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithStewart OlsenTannasVernerWallinWellsWetstonWhiteWoo
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 Documents
The Honourable the Speaker tabled the following:
Report of the Office of the Parliamentary Budget Officer entitled Economic and Fiscal Monitor — February 2020, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/43-313.
Report of the Office of the Parliamentary Budget Officer entitled Considerations Regarding the 2020 Tax and Spending Review, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/43-314.
The Honourable the Speaker tabled the following:
Report of the Interim Auditor General of Canada to the Parliament of Canada entitled Respect in the Workplace, pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 1/43-315.
The Honourable Senator Patterson tabled the following:
Inquiry Report of the Senate Ethics Officer, dated February 18, 2020, concerning Senator Victor Oh, pursuant to paragraph 48(2)(a) of the Ethics and Conflict of Interest Code for Senators.—Sessional Paper No. 1/43-316S.
Introduction and First Reading of Senate Public Bills
The Honourable Senator Pate introduced Bill S-214, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation.
The bill was read the first time.
The Honourable Senator Pate moved, seconded by the Honourable Senator Petitclerc, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
The Honourable Senator Griffin introduced Bill S-215, An Act to amend the Greenhouse Gas Pollution Pricing Act (farming exemptions).
The bill was read the first time.
The Honourable Senator Griffin moved, seconded by the Honourable Senator Tannas, that the bill be placed on the Orders of the Day for a second reading two days hence.
The question being put on the motion, it was adopted.
Tabling of Reports from Interparliamentary Delegations
The Honourable Senator Forest tabled the following:
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, Cooperation and Development Committee Meeting, Phnom Penh, Cambodia, from May 3 to 5, 2019.—Sessional Paper No. 1/43-317.
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, meeting of the Political Committee, Djibouti, Republic of Djibouti, from March 5 to 6, 2019.—Sessional Paper No. 1/43-318.
Report of the Canadian Branch of the Assemblée parlementaire de la Francophonie, Parliamentary Network on HIV/AIDS, Tuberculosis and Malaria Meeting, Kinshasa, Democratic Republic of the Congo, from November 18 to 19, 2019.—Sessional Paper No. 1/43-319.
The Honourable Senator MacDonald tabled the following:
Report of the Canada–United States Inter-Parliamentary Group, Canadian/American Border Trade Alliance Conference, Ottawa, Ontario, Canada, May 6-7, 2019.—Sessional Paper No. 1/43-320.
Report of the Canada–United States Inter-Parliamentary Group, Western Governors’ Association Annual Meeting, Vail, Colorado, United States of America, June 10-12, 2019.—Sessional Paper No. 1/43-321.
The Honourable Senator Ravalia tabled the following:
Report of the Canada-Europe Parliamentary Association, Parliamentary Mission to Portugal, Lisbon, Portugal, April 15-18, 2019.—Sessional Paper No. 1/43-322.
Report of the Canada-Europe Parliamentary Association, Third Part of the 2019 Session of the Parliamentary Assembly of the Council of Europe and Parliamentary Mission to Italy, Strasbourg, France and Rome, Italy, June 24-28, 2019.—Sessional Paper No. 1/43-323.
Report of the Canada-Europe Parliamentary Association, Fourth Part of the 2019 Ordinary Session of the Parliamentary Assembly of the Council of Europe, Strasbourg, France, September 30 to October 4, 2019.—Sessional Paper No. 1/43-324.
Question Period
The Senate proceeded to Question Period.
Orders of the Day
Other Business
Reports of Committees – Other
Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Patterson, for the adoption of the first report (interim) of the Standing Committee on Ethics and Conflict of Interest for Senators, entitled Developments and actions in relation to the committee’s fifth report regarding Senator Beyak, deposited with the Clerk of the Senate on January 31, 2020.
Pursuant to rule 12-30(2), further debate on the motion was adjourned until the next sitting.
Government Business
Motions
Orders No. 1 and 7 were called and postponed until the next sitting.
The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:
That, notwithstanding rules 12-2(2), 12-3(1) and usual practice, the Honourable Senators Ataullahjan, Boehm, Bovey, Cordy, Coyle, Dawson, Dean, Greene, Housakos, Massicotte, Ngo, Plett and Saint-Germain be appointed to serve on the Standing Senate Committee on Foreign Affairs and International Trade until a report of the Committee of Selection recommending the senators to serve as members of the committee is adopted or the members are otherwise named by the Senate;
That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine the subject matter of Bill C-4, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, introduced in the House of Commons on January 29, 2020, in advance of the said bill coming before the Senate; and
That, for the purpose of this study, the committee have the power to meet, even though the Senate may then be sitting or adjourned, and that rules 12-18(1) and 12-18(2) be suspended in relation thereto.
Debate.
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 Tannas, respecting Government Motion No. 9 (Naming temporary members of the Standing Senate Committee on Foreign Affairs and International Trade and authorizing the examination of the subject matter of Bill C-4, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States), by oral declaration.
Government Business
Motions
The Senate resumed debate on the motion of the Honourable Senator Gagné, seconded by the Honourable Senator Gold, P.C.:
That, notwithstanding rules 12-2(2), 12-3(1) and usual practice, the Honourable Senators Ataullahjan, Boehm, Bovey, Cordy, Coyle, Dawson, Dean, Greene, Housakos, Massicotte, Ngo, Plett and Saint-Germain be appointed to serve on the Standing Senate Committee on Foreign Affairs and International Trade until a report of the Committee of Selection recommending the senators to serve as members of the committee is adopted or the members are otherwise named by the Senate;
That the Standing Senate Committee on Foreign Affairs and International Trade be authorized to examine the subject matter of Bill C-4, An Act to implement the Agreement between Canada, the United States of America and the United Mexican States, introduced in the House of Commons on January 29, 2020, in advance of the said bill coming before the Senate; and
That, for the purpose of this study, the committee have the power to meet, even though the Senate may then be sitting or adjourned, and that rules 12-18(1) and 12-18(2) be suspended in relation thereto.
The Honourable Senator Martin moved, seconded by the Honourable Senator MacDonald, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Other Business
Senate Public Bills – Second Reading
Orders No. 1, 2, 3, 4 and 5 were called and postponed until the next sitting.
Second reading of Bill S-206, 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 Verner, P.C., that the bill be read the second time.
After debate,
The Honourable Senator Duncan moved, seconded by the Honourable Senator Omidvar, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 7 was called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Pate, seconded by the Honourable Senator Petitclerc, for the second reading of Bill S-208, An Act to amend the Criminal Code (independence of the judiciary).
After debate,
The Honourable Senator Duncan moved, for the Honourable Senator Forest-Niesing, seconded by the Honourable Senator Omidvar, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Second reading of Bill S-209, An Act to Amend the Department for Women and Gender Equality Act.
The Honourable Senator McCallum moved, seconded by the Honourable Senator Francis, that the bill be read the second time.
After debate,
The Honourable Senator Duncan moved, for the Honourable Senator Boyer, seconded by the Honourable Senator Omidvar, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Order No. 10 was called and postponed until the next sitting.
Second reading of Bill S-211, An Act to enact the Modern Slavery Act and to amend the Customs Tariff.
The Honourable Senator Miville-Dechêne moved, seconded by the Honourable Senator Klyne, that the bill be read the second time.
After debate,
The Honourable Senator Coyle moved, seconded by the Honourable Senator Deacon (Nova Scotia), that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 12 and 13 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
Order No. 1 was called and postponed until the next sitting.
Consideration of the third report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Policy on Prevention and Resolution of Harassment in the Senate Workplace, presented in the Senate on February 6, 2020.
The Honourable Senator Saint-Germain moved, seconded by the Honourable Senator Woo, that the report be adopted.
After debate,
The Honourable Senator Duncan moved, for the Honourable Senator McPhedran, seconded by the Honourable Senator Woo, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Motions
Orders No. 5, 7 and 8 were called and postponed until the next sitting.
Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Gagné:
That the Standing Senate Committee on Social Affairs, Science and Technology, when and if it is formed, be authorized to examine and report on the future of workers in order to evaluate:
(a)how data and information on the gig economy in Canada is being collected and potential gaps in knowledge;
(b)the effectiveness of current labour protections for people who work through digital platforms and temporary foreign workers programs;
(c)the negative impacts of precarious work and the gig economy on benefits, pensions and other government services relating to employment; and
(d)the accessibility of retraining and skills development programs for workers;
That in conducting this evaluation the committee pay particular attention to the negative effects of precarious employment being disproportionately felt by workers of colour, new immigrant and indigenous workers; and
That the committee submit its final report on this study to the Senate no later than April 7, 2022.
Debate.
Pursuant to rule 3-3(1), the Speaker left the Chair to resume the same at 8 p.m.
The sitting resumed.
Motions
The Senate resumed debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Gagné:
That the Standing Senate Committee on Social Affairs, Science and Technology, when and if it is formed, be authorized to examine and report on the future of workers in order to evaluate:
(a)how data and information on the gig economy in Canada is being collected and potential gaps in knowledge;
(b)the effectiveness of current labour protections for people who work through digital platforms and temporary foreign workers programs;
(c)the negative impacts of precarious work and the gig economy on benefits, pensions and other government services relating to employment; and
(d)the accessibility of retraining and skills development programs for workers;
That in conducting this evaluation the committee pay particular attention to the negative effects of precarious employment being disproportionately felt by workers of colour, new immigrant and indigenous workers; and
That the committee submit its final report on this study to the Senate no later than April 7, 2022.
After debate,
The Honourable Senator Duncan moved, for the Honourable Senator Dean, seconded by the Honourable Senator Woo, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
Orders No. 15 and 18 were called and postponed until the next sitting.
Inquiries
Orders No. 1, 6, 8, 9, 10 and 12 were called and postponed until the next sitting.
MOTIONS
The Honourable Senator Verner, P.C., moved, seconded by the Honourable Senator Saint-Germain:
That, in light of the reports of the Senate Ethics Officer dated March 9, 2017, and June 28, 2019, concerning the breaches by former Senator Don Meredith of the Ethics and Conflict of Interest Code for Senators, the Senate call upon the Prime Minister to advise Her Excellency the Governor General to take the necessary steps to revoke the honorific style and title of “Honourable” from former senator Meredith.
After debate,
The Honourable Senator Saint-Germain moved, seconded by the Honourable Senator Woo, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Housakos moved, seconded by the Honourable Senator Mockler:
That the Standing Senate Committee on National Security and Defence be authorized to examine and report on the prospect of allowing Huawei Technologies Co., Ltd. to be part of Canada’s 5G network, when and if the committee is formed; and
That the committee submit its final report no later than April 30, 2020.
After debate,
The Honourable Senator Duncan moved, seconded by the Honourable Senator Woo, that further debate on the motion be adjourned until the next sitting.
The question being put on the motion, it was adopted.
The Honourable Senator Woo moved, seconded by the Honourable Senator Saint-Germain:
That the Rules of the Senate be amended:
1.by replacing rule 3-6(2) by the following:
“Adjournment extended
3-6. (2) Whenever the Senate stands adjourned, if the Speaker is satisfied that the public interest does not require the Senate to meet at the date and time stipulated in the adjournment order, the Speaker shall, after consulting all the leaders and facilitators, or their designates, determine an appropriate later date or time for the next sitting.”;
2.by replacing rule 4-2(8)(a) by the following:
“Extending time for Senators’ Statements
4-2. (8)(a) At the request of a whip or the designated representative of a recognized party or recognized parliamentary group, the Speaker shall, at an appropriate time during Senators’ Statements, seek leave of the Senate to extend Statements. If leave is granted, Senators’ Statements shall be extended by no more than 30 minutes.”;
3.by replacing rule 4-3(1) by the following:
“Tributes
4-3. (1) At the request of any leader or facilitator, the period for Senators’ Statements shall be extended by no more than 15 minutes for the purpose of paying tribute to a current or former Senator.”;
4.by replacing rules 6-3(1)(a), (b) and (c) by the following:
“Leaders and facilitators
(a) any leader or facilitator shall be permitted up to 45 minutes for debate;
Sponsor of a bill
(b) the sponsor of a bill shall be allowed up to 45 minutes for debate at second and third reading;
Spokesperson on a bill
(c) the spokesperson on a bill from each recognized party and recognized parliamentary group, except for the party or group to which the sponsor belongs, shall be allowed up to 45 minutes for debate at second and third reading; and”;
5.by replacing rule 6-5(1)(b) by the following:
“(b) the time remaining, not to exceed 15 minutes, if the Senator who yielded is a leader or facilitator.”;
6.by replacing the portion of rule 7-1(1) before paragraph (a) by the following:
“Agreement to allocate time
7-1. (1) At any time during a sitting, the Leader or the Deputy Leader of the Government may state that the representatives of the recognized parties and recognized parliamentary groups have agreed to allocate a specified number of days or hours either:”;
7.by replacing the portion of rule 7-2(1) before paragraph (a) by the following:
“No agreement to allocate time
7-2. (1) At any time during a sitting, the Leader or the Deputy Leader of the Government may state that the representatives of the recognized parties and recognized parliamentary groups have failed to agree to allocate time to conclude an adjourned debate on either:”;
8.by replacing rule 7-3(1)(f) by the following:
“(f) Senators may speak for a maximum of 10 minutes each, provided that a leader or facilitator may speak for up to 30 minutes;”;
9.by replacing rules 9-5(1), (2) and (3) by the following:
“(1) The Speaker shall ask the whips and the designated representatives of the recognized parties and recognized parliamentary groups if there is an agreement on the length of time the bells shall ring.
(2) The time agreed to shall not be more than 60 minutes.
(3) With leave of the Senate, the agreement on the length of the bells shall constitute an order to sound the bells for that length of time.”;
10.by replacing rule 9-10(1) by the following:
“Deferral of standing vote
9-10. (1) Except as provided in subsection (5) and elsewhere in these Rules, when a standing vote has been requested on a question that is debatable, a whip or the designated representative of a recognized party or recognized parliamentary group may defer the vote.
EXCEPTIONS
Rule 7-3(1)(h): Procedure for debate on motion to allocate time
Rule 7-4(5): Question put on time-allocated order
Rule 12-30(7): Deferred vote on report
Rule 12-32(3)(e): Procedure in Committee of the Whole
Rule 13-6(8): Vote on case of privilege automatically deferred in certain circumstances”;
11.by replacing rule 9-10(4) by the following:
“Vote deferred to Friday
9-10. (4) Except as otherwise provided, if a vote has been deferred to a Friday, a whip or the designated representative of a recognized party or recognized parliamentary group may, at any time during a sitting, further defer the vote to 5:30 p.m. on the next sitting day, provided that if the Senate only meets after 5 p.m. on that day, the vote shall take place immediately before the Orders of the Day.
EXCEPTIONS
Rule 12-30(7): Deferred vote on report
Rule 13-6(8): Vote on case of privilege automatically deferred in certain circumstances”;
12.by replacing rule 12-3(3) by the following:
“Ex officio members
12-3.(3) In addition to the membership provided for in subsections (1) and (2), the Leader of the Government, or the Deputy Leader if the Leader is absent, and the leader or facilitator of each recognized party and recognized parliamentary group, or a designate if a leader or facilitator is absent, are ex officio members of all committees except the Standing Committee on Ethics and Conflict of Interest for Senators and the joint committees. The ex officio members of committees have all the rights and obligations of a member of a committee, but shall not vote.”;
13.by adding the word “and” at the end of rule 12-5(a) in the English version, and by replacing rules 12-5(b) and (c) by the following:
“(b) the leader or facilitator of a recognized party or recognized parliamentary group, or a designate, for a change of members of that party or group.”;
14.by replacing rule 12-8(2) by the following:
“Service fee proposals
12-8. (2) When the Leader or Deputy Leader of the Government tables a service fee proposal, it is deemed referred to the standing or special committee designated by the Leader or Deputy Leader of the Government following consultations with the leaders and facilitators of the recognized parties and recognized parliamentary groups, or their designates.
REFERENCE
Service Fees Act, subsection 15(1)”;
15.by replacing rule 12-18(2)(b)(ii) by the following:
“(ii) with the signed consent of the majority of the leaders and facilitators, or their designates, in response to a written request from the chair and deputy chair.”;
16.by replacing rule 12-27(1) by the following:
“Appointment of committee
12-27. (1) As soon as practicable at the beginning of each session, the Leader of the Government shall move a motion, seconded by the other leaders and the facilitators, on the membership of the Standing Committee on Ethics and Conflict of Interest for Senators. This motion shall be deemed adopted without debate or vote, and a similar motion shall be moved for any substitutions in the membership of the committee.
REFERENCE
Ethics and Conflict of Interest Code for Senators, subsection 35(4)”;
17.in Appendix I:
(a)by deleting the definition “Critic of a bill”;
(b)by deleting the definition “Ordinary procedure for determining duration of bells”; and
(c)by adding the following new definitions in alphabetical order:
“Designated representative of a recognized party or a recognized parliamentary group
The Senator designated from time to time by the leader or facilitator of a recognized party or a recognized parliamentary group without a whip as that group or party’s representative for a purpose or purposes set out in these Rules. (Représentant désigné d’un parti reconnu ou d’un groupe parlementaire reconnu)”;
“Leaders and facilitators
The Government Leader and the leaders and facilitators of the recognized parties and recognized parliamentary groups (see definitions of “Leader of the Government”, “Leader of the Opposition” and “Leader or facilitator of a recognized party or recognized parliamentary group”). (Leaders et facilitateurs)”; and
“Spokesperson on a bill
The lead Senator speaking on a bill from each recognized party and recognized parliamentary group, as designated by the leader or facilitator of the party or group in question. (Porte-parole d’un projet de loi)”; and
18.by updating all cross-references in the Rules, including the lists of exceptions, accordingly; and
That the Ethics and Conflict of Interest Code for Senators be amended by deleting subsection 35(5), and renumbering other subsections and cross-references accordingly.
A point of order was raised relating to the motion.
After debate,
The Speaker reserved his decision.
INQUIRIES
The Honourable Senator Verner, P.C., called the attention of the Senate to the Senate Ethics Officer’s Inquiry report under the Ethics and Conflict of Interest Code for Senators concerning former Senator Don Meredith, dated June 28, 2019.
After debate,
The Honourable Senator Duncan moved, for the Honourable Senator Bernard, seconded by the Honourable Senator Woo, 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 Gagné moved, seconded by the Honourable Senator Gold, P.C.:
That the Senate do now adjourn.
The question being put on the motion, it was adopted.
(Accordingly, at 9:10 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)
Order Amending the Import Control List, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5(2). —Sessional Paper No. 1/43-310.
Report of the Operation of the Canadian Multiculturalism Act for the fiscal year ended March 31, 2019, pursuant to the Act, R.S.C. 1985, c. 24 (4th Supp.), s. 8.—Sessional Paper No. 1/43-311.
Report of the Indian Act Amendment and Replacement Act for the year 2020, pursuant to the Act, S.C. 2014, c. 38, s. 2.—Sessional Paper No. 1/43-312.