The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisFrancisFureyGalvezGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBellemareBernardBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisFrancisFureyGalvezGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMercerMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWellsWetstonWhiteWooYussuff

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 Harder, P.C., presented the following:

Tuesday, April 5, 2022

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

SECOND REPORT

Your committee, to which was referred Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets, has, in obedience to the order of reference of Tuesday, March 1, 2022, examined the said bill and now reports the same with the following amendments:

1.Clause 2, page 2: Replace line 14 with the following:

“(a) section 4 of the Special Economic Mea-”.

2.Clause 6, page 3: Add the following after line 25:

“(a.1) a grave breach of international peace and security that resulted in or is likely to result in a serious international crisis;”.

Respectfully submitted,

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

o o o

The Honourable Senator Woo presented the following:

Tuesday, April 5, 2022

The Standing Joint Committee for the Scrutiny of Regulations has the honour to present its

FIRST REPORT

Your committee reports that in relation to its permanent reference, section 19 of the Statutory Instruments Act, R.S.C. 1985, c. S-22, the committee was previously empowered “to study the means by which Parliament can better oversee the government regulatory process and in particular to enquire into and report upon:

1. the appropriate principles and practices to be observed

(a)in the drafting of powers enabling delegates of Parliament to make subordinate laws;

(b)in the enactment of statutory instruments;

(c)in the use of executive regulation — including delegated powers and subordinate laws;

and the manner in which Parliamentary control should be effected in respect of the same;

2.the role, functions and powers of the Standing Joint Committee for the Scrutiny of Regulations.”

Your committee recommends that the same order of reference, together with the evidence adduced thereon during previous sessions, be again referred to it.

Your committee informs both Houses of Parliament that the criteria it will use for the review and scrutiny of statutory instruments are the following:

Whether any regulation or other statutory instrument within its terms of reference, in the judgment of the committee:

1.is not authorized by the terms of the enabling legislation or has not complied with any condition set forth in the legislation;

2.is not in conformity with the Canadian Charter of Rights and Freedoms or the Canadian Bill of Rights;

3.purports to have retroactive effect without express authority having been provided for in the enabling legislation;

4.imposes a charge on the public revenues or requires payment to be made to the Crown or to any other authority, or prescribes the amount of any such charge or payment, without express authority having been provided for in the enabling legislation;

5.imposes a fine, imprisonment or other penalty without express authority having been provided for in the enabling legislation;

6.tends directly or indirectly to exclude the jurisdiction of the courts without express authority having been provided for in the enabling legislation;

7.has not complied with the Statutory Instruments Act;

8.appears for any reason to infringe the rule of law;

9.trespasses unduly on rights and liberties;

10.makes the rights and liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of natural justice;

11.makes some unusual or unexpected use of the powers conferred by the enabling legislation;

12.amounts to the exercise of a substantive legislative power properly the subject of direct parliamentary enactment; or

13.is defective in its drafting or for any other reason requires elucidation as to its form or purport.

Your committee recommends that its quorum be fixed at four members, provided that both Houses are represented whenever a vote, resolution or other decision is taken, and that the joint chairs be authorized to hold meetings to receive evidence and authorize the publishing thereof so long as three members are present, provided that both Houses are represented; and, that your committee have power to engage the services of such expert staff, and such stenographic and clerical staff as may be required.

Your committee further recommends to the Senate that it be empowered to sit during sittings and adjournments of the Senate.

A copy of the relevant Minutes of Proceedings (Meeting No. 1) is tabled in the House of Commons.

Respectfully submitted,

The Honourable Senator Woo moved, seconded by the Honourable Senator Dean, 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.

o o o

The Honourable Senator Bellemare, Chair of the Standing Committee on Rules, Procedures and the Rights of Parliament, tabled the second report (interim) of the committee, entitled Use of displays, exhibits and props in Senate proceedings.—Sessional Paper No. 1/44-667S.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Anderson, 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.

o o o

The Honourable Senator Omidvar presented the following:

Tuesday, April 5, 2022

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

FIFTH REPORT

Your committee, to which was referred Bill S-209, An Act respecting Pandemic Observance Day, has, in obedience to the order of reference of December 9, 2021, examined the said bill and now reports the same with the following amendment:

1.Preamble, page 1:

(a) Replace line 4 with the following:

“Whereas March 11, 2021, was designated — by”;

(b) add the following after line 10:

“Whereas it is important to acknowledge the multidimensional effects of the pandemic on every person in Canada;

Whereas this pandemic has worsened the various forms of inequality in Canada and has had a disproportionate impact on the vulnerable people within society and members of historically disadvantaged groups;

And whereas it is fitting that March 11 of each year be officially designated as “Pandemic Observance Day” in order to give the Canadian public an opportunity to commemorate the efforts to get through the pandemic, to remember its effects and to reflect on ways to prepare for any future pandemics;”.

Respectfully submitted,

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Duncan, 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.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

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

o o o

Second reading of Bill S-6, An Act respecting regulatory modernization.

The Honourable Senator Woo moved, seconded by the Honourable Senator Dean, that the bill be read the second time.

After debate,

The Honourable Senator Martin 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

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

Reports of Committees – Other

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

o o o

Consideration of the fourth report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled Report relating to Government motion 14 (taxation of the Canadian Pacific Railway in Saskatchewan), presented in the Senate on March 31, 2022.

The Honourable Senator Jaffer moved, seconded by the Honourable Senator LaBoucane-Benson, that the report be adopted.

Debate.

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At 4:07 p.m., the sitting was suspended.

At 4:25 p.m., the sitting resumed.

Reports of Committees – Other

The Senate resumed debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator LaBoucane-Benson, for the adoption of the fourth report of the Standing Senate Committee on Legal and Constitutional Affairs, entitled Report relating to Government motion 14 (taxation of the Canadian Pacific Railway in Saskatchewan), presented in the Senate on March 31, 2022.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Dean, 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.

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Third reading of Bill S-219, An Act respecting a National Ribbon Skirt Day.

The Honourable Senator McCallum moved, seconded by the Honourable Senator Pate, that the bill be read for a third time.

After debate,

The Honourable Senator Hartling moved, seconded by the Honourable Senator Duncan, 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 – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Boisvenu, seconded by the Honourable Senator Plett, for the second reading of Bill S-205, An Act to amend the Criminal Code and to make consequential amendments to another Act (interim release and domestic violence recognizance orders).

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Miville-Dechêne, 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

Resuming debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Cordy, for the second reading of Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada.

Debate.

---

Pursuant to rule 3-3(1) and the orders adopted by the Senate on November 25, 2021, and March 31, 2022, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Senate Public Bills – Second Reading

The Senate resumed debate on the motion of the Honourable Senator Bovey, seconded by the Honourable Senator Cordy, for the second reading of Bill S-208, An Act respecting the Declaration on the Essential Role of Artists and Creative Expression in Canada.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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. 5 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Forest, for the second reading of Bill S-213, An Act to amend the Criminal Code (independence of the judiciary).

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18 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 Dean, for the second reading of Bill S-233, An Act to develop a national framework for a guaranteed livable basic income.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Miville-Dechêne, 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. 20, 21, 22, 23, 24, 25, 26 and 27 were called and postponed until the next sitting.

o o o

Second reading of Bill S-242, An Act to amend the Radiocommunication Act.

The Honourable Senator Patterson moved, seconded by the Honourable Senator Cormier, that the bill be read the second time.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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. 29 was called and postponed until the next sitting.

Reports of Committees – Other

Order No. 5 was called and postponed until the next sitting.

o o o

Consideration of the first report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament, entitled Amendments to the Rules — Speaker pro tempore, presented in the Senate on March 29, 2022.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Coyle, that the report be adopted.

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.

Motions

Orders No. 3, 4 and 6 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Galvez, seconded by the Honourable Senator Forest:

That the Senate of Canada recognize that:

(a)climate change is an urgent crisis that requires an immediate and ambitious response;

(b)human activity is unequivocally warming the atmosphere, ocean and land at an unprecedented pace, and is provoking weather and climate extremes in every region across the globe, including in the Arctic, which is warming at more than twice the global rate;

(c)failure to address climate change is resulting in catastrophic consequences especially for Canadian youth, Indigenous Peoples and future generations; and

(d)climate change is negatively impacting the health and safety of Canadians, and the financial stability of Canada;

That the Senate declare that Canada is in a national climate emergency which requires that Canada uphold its international commitments with respect to climate change and increase its climate action in line with the Paris Agreement’s objective of holding global warming well below two degrees Celsius and pursuing efforts to keep global warming below 1.5 degrees Celsius; and

That the Senate commit to action on mitigation and adaptation in response to the climate emergency and that it consider this urgency for action while undertaking its parliamentary business.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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

Resuming debate on the motion of the Honourable Senator Moncion, seconded by the Honourable Senator Simons:

That the Standing Senate Committee on Social Affairs, Science and Technology be authorized to examine and report on the Canadian assisted human reproduction legislative and regulatory framework and any other related issues deemed relevant by the committee, when and if the committee is formed; and

That the committee submit its final report on this study to the Senate no later than October 31, 2023, and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Miville-Dechêne, 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. 10, 11, 12, 14, 19, 30, 50, 52 and 55 were called and postponed until the next sitting.

Inquiries

Orders No. 2, 3, 4, 5, 6 and 7 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Marwah moved, seconded by the Honourable Senator Duncan:

That section 2 of Chapter 4:03 of the Senate Administrative Rules (SARs) be amended by adding the following after subsection (2):

“(3) During periods of prorogation and dissolution, the senators who were members of the Subcommittee on Agenda and Procedure of the Committee of Selection on the day on which Parliament was prorogued or dissolved may exercise collectively the powers of the Committee of Selection under subsection (2).

(4) If a senator referred to in subsection (3) retires, resigns or otherwise ceases to be a member of a particular recognized party or recognized parliamentary group for any reason during a period of prorogation or dissolution, he or she simultaneously ceases to be a member of the Committee of Selection for the purposes of subsection (3), with the resulting vacancy to be filled by the leader or facilitator of the party or group to which the senator had belonged.”

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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 LaBoucane-Benson 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 8:26 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)

Report on the administration of the Royal Canadian Mounted Police Superannuation Account, together with the Auditor General’s Report, for the fiscal year ended March 31, 2021, pursuant to the Royal Canadian Mounted Police Superannuation Act, R.S.C. 1985, c. R-11, s. 31.—Sessional Paper No. 1/44-657.

Report of the Federal Public Sector Labour Relations and Employment Board on the administration of the Federal Public Sector Labour Relations and Employment Board Act for the fiscal year ended March 31, 2021, pursuant to the Act, S.C. 2013, c. 40, s. 365 “42”.—Sessional Paper No. 1/44-658.

Report of the Federal Public Sector Labour Relations and Employment Board on the administration of Part III of the Parliamentary Employment and Staff Relations Act and Part II of the Canada Labour Code for the fiscal year ended March 31, 2021, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 88.7.—Sessional Paper No. 1/44-659.

Report of the Canadian Human Rights Tribunal for the year 2021, pursuant to the Canadian Human Rights Act, R.S.C. 1985, c. H-6, sbs. 61(4).—Sessional Paper No. 1/44-660.

Report to Parliament on the Government of Canada’s International Assistance, Volume I, for the fiscal year ended March 31, 2021, pursuant to the Official Development Assistance Accountability Act, S.C. 2008, c. 17, s. 5.—Sessional Paper No. 1/44-661.

Report to Parliament on the Government of Canada’s International Assistance, Volume II, for the fiscal year ended March 31, 2021, pursuant to the European Bank for Reconstruction and Development Agreement Act, S.C. 1991, c. 12, s. 7 and to the Bretton Woods and Related Agreements Act, R.S.C. 1985, c. B-7, ss. 13 and 14.—Sessional Paper No. 1/44-662.

Interim Order No. 3 Respecting Vessel Restrictions and Vaccination Requirements due to the Coronavirus Disease 2019 (COVID-19), pursuant to the Canada Shipping Act, 2001, S.C. 2001, c. 26, sbs. 10.1(7).—Sessional Paper No. 1/44-663.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Tuition grant for persons with a Disability Tax Credit certificate, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-664.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Mobility tax deduction for tradespersons and indentured apprentices, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-665.

Summary of the Corporate Plan for 2022-23 of the Sport Dispute Resolution Centre of Canada, pursuant to the Physical Activity and Sport Act, S.C. 2003, c. 2, sbs. 32(4).—Sessional Paper No. 1/44-666.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Human Rights

The Honourable Senator Audette replaced the Honourable Senator Arnot (April 5, 2022).

The Honourable Senator Bernard replaced the Honourable Senator Klyne (April 5, 2022).

The Honourable Senator Arnot replaced the Honourable Senator Audette (April 4, 2022).

The Honourable Senator Klyne replaced the Honourable Senator Bernard (April 1, 2022).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Batters (April 1, 2022).

Special Joint Committee on Medical Assistance in Dying

The Honourable Senator Kutcher was added to the membership (April 1, 2022).

The Honourable Senator Mégie was added to the membership (April 1, 2022).

The Honourable Senator Wallin was added to the membership (April 1, 2022).

The Honourable Senator Martin was added to the membership (April 1, 2022).

The Honourable Senator Dalphond was added to the membership (April 1, 2022).

Standing Senate Committee on National Finance

The Honourable Senator Wetston replaced the Honourable Senator Forest (April 4, 2022).

The Honourable Senator Moncion replaced the Honourable Senator Boehm (April 1, 2022).

Standing Senate Committee on National Security and Defence

The Honourable Senator Boehm replaced the Honourable Senator Boniface (April 5, 2022).

The Honourable Senator Boniface replaced the Honourable Senator Boehm (April 1, 2022).