The Members convened were:

The Honourable Senators

AtaullahjanAudetteBattersBellemareBlackBoehmBonifaceBussonCarignanClementCormierCotterDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisFrancisFureyGagnéGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMégieMiville-DechêneMocklerMoncionMoodieOmidvarPatePattersonPetitclercPlettQuinnRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

AtaullahjanAudetteBattersBellemareBlackBoehm*BoisvenuBonifaceBussonCarignanClement*CordyCormierCotterDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisFrancisFureyGagnéGerbaGignacGoldGreeneHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMégieMiville-DechêneMocklerMoncionMoodieOmidvarPatePattersonPetitclercPlettQuinn*RavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasWellsWooYussuff

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.

(Pursuant to rule 3-6(1) the Senate was recalled to sit at 1 p.m. on November 17, 2022, rather than 2 p.m., as previously ordered.)

PRAYERS

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

The Honourable Senator Gold, P.C., tabled the following:

Supplementary Estimates (B), 2022-23.—Sessional Paper No. 1/44-1394.

Charter Statement prepared by the Minister of Justice in relation to Bill S-11, A fourth Act to harmonize federal law with the civil law of Quebec and to amend certain Acts in order to ensure that each language version takes into account the common law and the civil law, pursuant to the Department of Justice Act, R.S.C. 1985, c. J-2, sbs. 4.2(1).—Sessional Paper No. 1/44-1395.

Presenting or Tabling Reports from Committees

The Honourable Senator Cormier, Chair of the Standing Senate Committee on Official Languages, tabled the first report of the committee (Subject matter of Bill C-13, An Act to amend the Official Languages Act, to enact the Use of French in Federally Regulated Private Businesses Act and to make related amendments to other Acts).—Sessional Paper No. 1/44-1396S.

The Honourable Senator Cormier moved, seconded by the Honourable Senator Miville-Dechêne, 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.

Delayed Answers

The Honourable Senator Gold, P.C., tabled the following:

Response to the oral question asked in the Senate on September 21, 2022, by the Honourable Senator Housakos, concerning Taiwan — Global Affairs Canada.—Sessional Paper No. 1/44-1397S.

Response to the oral question asked in the Senate on September 21, 2022, by the Honourable Senator Housakos, concerning Taiwan — Immigration, Refugees and Citizenship Canada.—Sessional Paper No. 1/44-1398S.

Response to the oral question asked in the Senate on September 29, 2022, by the Honourable Senator Dupuis, concerning the report of the Commissioner of the Environment and Sustainable Development on Funding Climate-Ready Infrastructure.—Sessional Paper No. 1/44-1399S.

Orders of the Day

Government Business

Bills – Third Reading

Third reading of Bill C-31, An Act respecting cost of living relief measures related to dental care and rental housing.

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

After debate,

In amendment, the Honourable Senator Pate moved, seconded by the Honourable Senator Tannas:

That Bill C-31 be not now read a third time, but that it be amended in clause 2, on page 15, by adding the following after line 17:

“Report

31 The Minister must cause to be tabled in each House of Parliament, no later than 90 days after the end of each fiscal year from 2022-2023 through 2027-2028 inclusive, the following information in respect of this Act for the immediately preceding fiscal year:

(a) the number of applications received for a dental benefit;

(b) the amount of total dental benefits paid, and the amount of dental benefits paid broken down by applicants’ federal income tax bracket;

(c) the total amount of dental benefit paid out to applicants broken down by eligibility of the applicant under each provision of subsection 9(1);

(d) the number of applicants from whom information and documents were requested under subsection 16(1);

(e) the number of applicants found ineligible for a dental benefit under subsection 16(2);

(f) the number of reconsiderations of applications that occurred under subsection 18(1);

(g) the number of applicants who were found under subsection 18(2) to have received a dental benefit to which they were not entitled;

(h) the total amount that was paid to persons who were not entitled to receive money by way of a dental benefit;

(i) the total amount that was recovered from persons who were not entitled to receive money by way of a dental benefit;

(j) the number of instances a liability was acknowledged in accordance with subsection 21(5); and

(k) the number persons in respect of whom the Minister is of the opinion that the person has committed a violation within the meaning of subsection 23(1) and the total amount of penalties imposed under subsection 23(2).”.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldManningMarshallMartinPatePattersonPlettRichardsSeidmanWells—14

NAYS

The Honourable Senators

BellemareBlackBoehmBussonClementCormierCotterDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisFrancisGagnéGerbaGignacGoldHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMarwahMassicotteMégieMiville-DechêneMoncionOmidvarPetitclercQuinnRinguetteSaint-GermainSimonsSmithSorensenWooYussuff—41

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Yussuff, seconded by the Honourable Senator Kutcher, for the third reading of Bill C-31, An Act respecting cost of living relief measures related to dental care and rental housing.

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

YEAS

The Honourable Senators

BellemareBlackBoehmBussonClementCormierCotterDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDupuisFrancisFureyGagnéGerbaGignacGoldHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMarwahMassicotteMégieMiville-DechêneMoncionOmidvarPatePattersonPetitclercQuinnRichardsRinguetteSaint-GermainSimonsSmithSorensenTannasWooYussuff—46

NAYS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldManningMarshallMartinPlettSeidmanWells—11

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-31 was read a 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.

o o o

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Gagné, for the third reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act.

And on the motion in amendment of the Honourable Senator Clement, seconded by the Honourable Senator Duncan:

That Bill C-5 be not now read a third time, but that it be amended on page 3 by adding the following after line 10:

“13.1 The Act is amended by adding the following after section 718.3:

718.4 (1) The court that sentences an accused may impose a sentence other than the prescribed minimum punishment for the offence if, after having considered the fundamental purpose and principles of sentencing as set out in sections 718 to 718.2, it is satisfied that doing so is justified by exceptional circumstances.

(2) The court shall give reasons for imposing a sentence other than the prescribed minimum punishment for an offence and shall state those reasons in the record.”.

After debate,

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

YEAS

The Honourable Senators

ClementCormierDuncanFrancisGerbaJafferMégieMiville-DechêneOmidvarPatePattersonPetitclercQuinnSimons—14

NAYS

The Honourable Senators

AtaullahjanBattersBellemareBoehmBussonCarignanCotterDalphondDaskoDeanDupuisGagnéGignacGoldHarderHartlingKlyneKutcherLaBoucane-BensonLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMoncionPlettRichardsRinguetteSaint-GermainSeidmanSorensenTannasWellsWooYussuff—37

ABSTENTION

The Honourable Senator

Housakos—1

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Gagné, for the third reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act.

After debate,

In amendment, the Honourable Senator Plett moved, seconded by the Honourable Senator Batters:

That Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act, be not now read a third time, but that it be referred back to the Standing Senate Committee on Legal and Constitutional Affairs for further study.

After debate,

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

YEAS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldManningMarshallMartinPlettQuinnRichardsSeidmanWells—13

NAYS

The Honourable Senators

BellemareBoehmBussonClementCormierCotterDalphondDaskoDeacon (Ontario)DeanDuncanDupuisFrancisGagnéGignacGoldHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMarwahMassicotteMégieMiville-DechêneMoncionPatePattersonPetitclercSaint-GermainSimonsSorensenTannasWooYussuff—37

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Gagné, for the third reading of Bill C-5, An Act to amend the Criminal Code and the Controlled Drugs and Substances Act.

After debate,

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

YEAS

The Honourable Senators

BellemareBoehmBonifaceBussonClementCormierCotterDalphondDeacon (Ontario)DeanDuncanDupuisFrancisGagnéGignacGoldHarderHartlingJafferKlyneKutcherLaBoucane-BensonLoffredaMarwahMégieMiville-DechêneMoncionPatePetitclercQuinnSaint-GermainSimonsSorensenTannasWooYussuff—36

NAYS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldManningMarshallMartinPlettSeidmanWells—11

ABSTENTIONS

The Honourable Senators

PattersonRichards—2

Accordingly, Bill C-5 was read a 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.

Motions

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator Gagné:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.in accordance with rule 10-11(1), the Standing Senate Committee on National Finance be authorized to examine the subject matter of all of Bill C-32, An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 3, 2022, and certain provisions of the budget tabled in Parliament on April 7, 2022, introduced in the House of Commons on November 4, 2022, in advance of the said bill coming before the Senate;

2.in addition, the Standing Senate Committee on Indigenous Peoples be separately authorized to examine the subject matter of those elements contained in Subdivisions A and B of Division 3 of Part 4 of Bill C-32;

3.the Standing Senate Committee on Indigenous Peoples submit its final report to the Senate no later than December 5, 2022, and be authorized to deposit its report with the Clerk of the Senate if the Senate is not then sitting;

4.the aforementioned committees be authorized to meet for the purposes of their study of the subject matter of all or particular elements of Bill C-32, even though the Senate may then be sitting or adjourned, with the application of rules 12-18(1) and 12-18(2) being suspended in relation thereto; and

5.the Standing Senate Committee on National Finance be authorized to take any report tabled under point three into consideration during its study of the subject matter of all of Bill C-32.

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

---

Ordered, That the sitting be suspended to reassemble at the call of the chair, with a 10-minute bell.

(Accordingly, at 7:23 p.m., the sitting was suspended.)

At 8:02 p.m., the sitting resumed.

WRITTEN DECLARATION OF ROYAL ASSENT

At 8:02 p.m., the Honourable the Speaker pro tempore informed the Senate that the following communication had been received:

RIDEAU HALL

November 17, 2022

Mr. Speaker,

I have the honour to inform you that on behalf and at the request of the Right Honourable Mary May Simon, Governor General of Canada, Christine MacIntyre, Deputy to the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 17^th day of November, 2022, at 7:36 p.m.

Yours sincerely,

The Honourable

The Speaker of the Senate

Ottawa

Schedule

Bills Assented To

Thursday, November 17, 2022

An Act respecting cost of living relief measures related to dental care and rental housing (Bill C-31, Chapter 14, 2022)

An Act to amend the Criminal Code and the Controlled Drugs and Substances Act (Bill C-5, Chapter 15, 2022)

---

With leave of the Senate,

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, November 22, 2022, at 2 p.m.

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

ADJOURNMENT

With leave of the Senate,

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 8:07 p.m., the Senate was continued until Tuesday, November 22, 2022, at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Marwah replaced the Honourable Senator Woo (November 17, 2022).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Anderson replaced the Honourable Senator Gignac (November 16, 2022).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Hartling replaced the Honourable Senator Busson (November 17, 2022).

The Honourable Senator Coyle replaced the Honourable Senator Loffreda (November 17, 2022).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Pate replaced the Honourable Senator Omidvar (November 17, 2022).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Bovey replaced the Honourable Senator Harder, P.C. (November 17, 2022).

The Honourable Senator Harder, P.C., replaced the Honourable Senator Bovey (November 16, 2022).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Klyne replaced the Honourable Senator Harder, P.C. (November 16, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Poirier replaced the Honourable Senator Martin (November 16, 2022).