The Members convened were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBernardBoehmBonifaceBoveyBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDupuisForestFureyGagnéGalvezGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMocklerOhOmidvarOslerPatePatterson (Ontario)PlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSmithSorensenTannasVernerWallinWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBellemareBernard*BlackBoehmBonifaceBoveyBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)Dean*Downe*DuncanDupuisForest*FrancisFureyGagnéGalvezGerbaGignacGoldGreeneGreenwoodHarderHartlingHousakosKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMockler*MoncionOhOmidvarOslerPatePatterson (Ontario)PlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugart*SimonsSmithSorensenTannasVernerWallin*WellsWooYussuff

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.

Question Period

Pursuant to the order adopted on December 7, 2021, the Senate proceeded to Question Period.

The Honourable Dominic LeBlanc, P.C., M.P., Minister of Intergovernmental Affairs, Infrastructure and Communities, entered the Senate and took part in Question Period.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Harder, P.C., Deputy Chair of the Standing Senate Committee on Foreign Affairs and International Trade, presented the ninth report of the committee (Budget—study on the Canadian foreign service and elements of the foreign policy machinery within Global Affairs Canada).

(The report is printed as Appendix A at pages 1425-1434 (available in print format PDF).)

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

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, 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 Klyne, Chair of the Standing Committee on Audit and Oversight, presented the eighth report of the committee (Supplementary budget—supervise and report on the Senate’s internal and external audits and related matters—power to travel).

(The report is printed as Appendix B at pages 1435-1441 (available in print format PDF).)

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

The Honourable Senator Klyne moved, seconded by the Honourable Senator Audette, 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.

Orders of the Day

Government Business

Motions

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

That, pursuant to rule 7-2, not more than a further six hours of debate be allocated for the consideration of the motion, as amended, to respond to the message from the House of Commons concerning the Senate’s amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

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A point of order was raised concerning the receivability of the motion.

Debate.

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Ordered: That the sitting be suspended until 8 p.m.

The sitting resumed.

SPEAKER'S RULING

Honourable senators, I am ready to rule on Senator Plett’s point of order. Let me start by thanking all of you for your input on this important matter. Since this notice was given last Thursday, I have been reviewing a range of issues relating to our time allocation process, and my ruling is the result of my own reflection and your arguments.

I believe that there are, in essence, two issues involved in the point of order: first, the procedural requirement to indicate a lack of agreement; and, second, the fundamental issue of whether Senator Gold, as Government Representative, can initiate this process at all.

On the first point — the matter of agreement and consultations — rule 7-2(1) states that, “At any time during a sitting, the Leader or the Deputy Leader of the Government may state that the representatives of the recognized parties have failed to agree to allocate time to conclude an adjourned debate …” on an item of Government Business.

In terms of any requirements for consultations or agreement, the wording of rule 7-2(1) is quite specific. The test is whether there has been a failure to agree to allocate time. A ruling of September 20, 2000, dealt with this concern. Speaker Molgat noted that the senator making the statement must be taken at their word. The Speaker went on to say: “All I have before me is a motion stating that they have reached no agreement at this point, the rule has been followed and the terms have been set out.” This was sufficient for debate on the time allocation motion to go ahead. The same analysis applies in the current case.

Having dealt with this initial issue, I will turn to the second concern in the point of order, which is the basic issue of whether Senator Gold can even initiate — or has a role in — the processes under Chapter 7 of the Rules.

As made clear in a ruling of May 19, 2016, regarding government positions in the Senate, Senator Gold, as Government Representative, is indeed Government Leader. The Government Representative routinely exercises the rights and responsibilities of that position.

Appendix I of the Rules defines the Government Leader as “The Senator who acts as the head of the Senators belonging to the Government party.” The very definition of the Government Leader thus makes clear that the senator occupying that position has a role that is analogous to, if not equivalent of, that of a party leader.

Appendix I recognizes that the definitions it contains are inherently flexible and depend on context, specifically stating that the definitions are to be interpreted in light of circumstances. The procedures for time allocation, which were introduced into the Rules in 1991, exist to allow the government the option of requesting, when it thinks appropriate, that the Senate agree to set limits to the duration of debate on an item of Government Business.

In light of the basic objective of the time allocation process, and the definitions in the Rules, it is appropriate that Senator Gold can play the role envisioned in Chapter 7 for the Government Leader.

It is also important to underscore that the government is not able to unilaterally impose time allocation on the Senate. Time allocation is proposed by the government, and the Senate itself must agree, or not, to the motion. Allowing the motion to go forward can, therefore, be understood as broadening the range of options open to the Senate. The government would have to explain and defend its proposal, which senators can then accept or reject. If senators reject the government’s proposal, debate continues according to normal practices.

In summary, honourable senators, the intent of Chapter 7 favours allowing debate on Senator Gold’s proposal to continue, which would widen the range of choices available to the Senate, and fits within the definitions contained in our Rules. The ruling is, therefore, that the motion is in order and debate can continue.

Whereupon the Speaker’s ruling was appealed.

The question being put on whether the Speaker’s ruling shall be sustained, it was adopted on the following vote:

YEAS

The Honourable Senators

ArnotAudetteBellemareBernardBoehmBonifaceBoveyBureyBussonCardozoClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDupuisForestGagnéGerbaGignacGoldGreenwoodHarderHartlingKlyneKutcherLaBoucane-BensonLankinLoffredaMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneOmidvarOslerPatePatterson (Ontario)RavaliaRinguetteSaint-GermainSmithSorensenWooYussuff—52

NAYS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldMarshallMartinOhPlettPoirierRichardsSeidman—12

ABSTENTIONS

The Honourable Senators

QuinnTannasVernerWallin—4

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A point of order was raised with respect to proceedings.

After debate,

The Speaker reserved his decision.

Government Business

Motions

The Senate resumed debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator Gagné:

That, pursuant to rule 7-2, not more than a further six hours of debate be allocated for the consideration of the motion, as amended, to respond to the message from the House of Commons concerning the Senate’s amendments to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts.

After debate,

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

YEAS

The Honourable Senators

ArnotAudetteBellemareBernardBoehmBonifaceBoveyBureyBussonCardozoClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDupuisForestGagnéGerbaGignacGoldGreenwoodHarderHartlingKlyneKutcherLaBoucane-BensonLankinLoffredaMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneOmidvarOslerPatterson (Ontario)QuinnRavaliaRinguetteSaint-GermainSmithSorensenWooYussuff—52

NAYS

The Honourable Senators

AtaullahjanBattersCarignanHousakosMacDonaldMarshallMartinOhPatePlettSeidmanWallin—12

ABSTENTIONS

The Honourable Senators

Nil

ADJOURNMENT

At 12:08 a.m., pursuant to rule 3-4, the Speaker declared the Senate adjourned until later this day at 2 p.m.

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

Reports of the Commissioner of the Environment and Sustainable Development to the Parliament of Canada (Spring 2023), pursuant to the Auditor General Act, R.S.C. 1985, c. A-17, sbs. 7(5).—Sessional Paper No. 1/44-1694.

Report on the administration of the Canada Petroleum Resources Act for the year 2022, pursuant to the Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 1/44-1695.

Interim Order for the Protection of North Atlantic Right Whales (Eubalaena glacialis) in the Gulf of St. Lawrence, 2023, pursuant to the Canada Shipping Act, 2001, S.C. 2001, c. 26, sbs. 10.1(7).—Sessional Paper No. 1/44-1696.

Government response, dated April 21, 2023, to the sixth report (interim) of the Standing Senate Committee on Agriculture and Forestry, entitled Treading Water: The impacts of and response to the 2021 British Columbia floods, tabled in the Senate on October 27, 2022.—Sessional Paper No. 1/44-1697S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Agriculture and Forestry.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Tannas was added to the membership (April 25, 2023).

Standing Senate Committee on National Finance

The Honourable Senator Bovey was removed from the membership of the committee, substitution pending (April 25, 2023).

The Honourable Senator Yussuff replaced the Honourable Senator Duncan (April 21, 2023).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Anderson replaced the Honourable Senator Cardozo (April 25, 2023).

The Honourable Senator Cardozo replaced the Honourable Senator Anderson (April 24, 2023).

Standing Senate Committee on Official Languages

The Honourable Senator Moncion replaced the Honourable Senator Loffreda (April 25, 2023).

The Honourable Senator Loffreda replaced the Honourable Senator Moncion (April 21, 2023).

Standing Committee on Rules, Procedures and the Rights of Parliament

The Honourable Senator Boniface replaced the Honourable Senator Busson (April 21, 2023).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Mégie replaced the Honourable Senator Moodie (April 25, 2023).