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Previous Sittings

Journals of the Senate

1 Charles III , A.D. 2023, Canada

1st Session, 44th Parliament

Issue 134 (Unrevised)

Wednesday, June 14, 2023
2 p.m.

The Honourable RAYMONDE GAGNÉ, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBlackBoehmBoisvenuBonifaceBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMarwahMassicotteMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanAudetteBattersBlackBoehmBoisvenuBonifaceBrazeauBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMarwahMassicotteMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

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 Housakos presented the following:

Wednesday, June 14, 2023

The Standing Senate Committee on Transport and Communications has the honour to present its

SIXTH REPORT

Your committee, to which was referred Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, has, in obedience to the order of reference of April 18, 2023, examined the said bill and now reports the same with the following amendments:

1.Clause 2, page 2:

(a)Replace lines 8 and 9 with the following:

“distinct part of an undertaking whose primary purpose is to produce news”;

(b)replace line 28 with the following:

“news outlet makes available”;

(c)replace lines 32 to 34 with the following:

“of an undertaking whose primary purpose is to produce news content and includes an Indigenous news outlet or an official language minority community news outlet. (média d’informa-”; and

(d)add the following after line 35:

official language minority community means English-speaking communities in Quebec and French-speaking communities outside Quebec. (communauté de langue officielle en situation minoritaire)

official language minority community news outlet means an undertaking or any distinct part of an undertaking whose primary purpose is to produce news content and that produces news content primarily for an official language minority community. (média d’information de communauté de langue officielle en situation minoritaire)”.

2.Clause 11, page 5:

(a)Replace lines 34 to 36 with the following:

“ry, anglophone and francophone communities, and Black and other racialized communities,”; and

(b)replace line 41 with the following:

“Indigenous peoples, and

(viii) they ensure a significant portion of official language minority community news outlets benefit from them and they contribute to the sustainability of those outlets in a way that supports the provision of news content by and for official language minority communities;”.

3.Clause 12, page 6: Replace line 34 with the following:

“out in subparagraphs 11(1)(a)(i) to (viii); and”.

4.Clause 18, page 8: Replace line 20 with the following:

18 In sections 18.1 to 44, party means, as applicable, an”.

5.New clause 18.1, page 8: Add the following after line 22:

18.1 The purpose of the bargaining process set out in sections 18 to 44 is to determine the value that each party derives from the news content of an eligible news business being made available by a digital news intermediary and to determine the portion of that value that will be transferred to the eligible news business.”.

6.Clause 27, page 11: Delete lines 31 and 32.

7.Clause 36, page 15:

(a)Replace line 11 with the following:

36 (1) The Commission may, at the request of an arbitration”; and

(b)replace lines 14 to 22 with the following:

“considers necessary, disclose to the panel any information, including confidential information, in the Commission’s possession that, in the Commission’s opinion, is necessary for a balanced and informed decision-making process, on the condition that the Commission ensures that the arbitration panel or each individual arbitrator that presides over the final offer arbitration does not further disclose any confidential information other than during the arbitration, including by imposing any further terms that the Commission considers necessary.

(2) Each individual arbitrator must take all reasonably necessary measures to ensure that confidential information disclosed to them under subsection (1) is not disclosed other than during the arbitration.

(3) Every individual who contravenes subsection (2) is guilty of an offence and is liable on summary conviction,

(a) for a first offence, to a fine of not more than $5,000; and

(b) for a second or subsequent offence, to a fine of not more than $10,000.”.

8.Clause 84, page 35: Replace line 20 with the following:

“subparagraphs 11(1)(a)(i) to (viii);”.

9.Clause 86, page 36: Add the following after line 30:

(c.01) information relating to the impact of this Act on news outlets that produce news content primarily for diverse populations, including local and regional markets in every province and territory, anglophone and francophone communities and Black and other racialized communities;

(c.02) information relating to the total number of those agreements that involve Indigenous news outlets and to the portion of the commercial value of those agreements that benefits these news outlets;

(c.03) information relating to the total number of those agreements that involve official language minority community news outlets and to the portion of the commercial value of those agreements that benefits these news outlets;”.

10.Clause 93, page 39: Add the following after line 26:

(6) Despite subsections (1) to (5), any provision of this Act that does not come into force by order before the 180th day following the day on which this Act receives royal assent comes into force 180 days after the day on which this Act receives royal assent.”.

Respectfully submitted,

LEO HOUSAKOS

Chair

The Honourable Senator Housakos moved, seconded by the Honourable Senator Martin, 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 Francis, Chair of the Standing Senate Committee on Indigenous Peoples, tabled the twelfth report (interim) of the committee, entitled On the Outside Looking In: The Implementation of the Cannabis Act and its effects on Indigenous Peoples.—Sessional Paper No. 1/44-1815S.

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

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-246, An Act respecting Lebanese Heritage Month,

And to acquaint the Senate that the Commons has passed this bill, without amendment.


A point of order was raised with respect to the use of unparliamentary language.

SPEAKER'S RULING

I have heard enough arguments, and I would like to remind you that former Speaker Furey handed down a ruling on this subject on May 2. I suggest that you reread it.

I will read it to remind you of the rule that applies. I believe we are intelligent enough to interpret it.

Unparliamentary language

6-13(1) All personal, sharp or taxing speeches are unparliamentary and are out of order.

6-13(2) When a Senator is called to order for unparliamentary language, any Senator may demand that the words be taken down in writing by the Clerk.

6-13(3) A Senator who has used unparliamentary words and who does not explain or retract them or offer an apology acceptable to the Senate shall be disciplined as the Senate may determine.

We must remind ourselves what unparliamentary language is.

Orders of the Day

COMMITTEE OF THE WHOLE

At 3:08 p.m., pursuant to the order adopted on June 13, 2023, the Senate was suspended during pleasure and resolved into a Committee of the Whole in order to receive Harriet Solloway respecting her appointment as Public Sector Integrity Commissioner, the Honourable Senator Ringuette in the Chair.

—In the Committee—

Pursuant to the order adopted on June 13, 2023, Harriet Solloway was escorted to a seat in the Senate Chamber.

Debate.

It was agreed that the chair report to the Senate that the witness had been heard.


The sitting of the Senate resumed.

The Chair of the Committee informed the Senate that the committee had heard the witness.

Government Business

Bills – Third Reading

Third reading 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.

The Honourable Senator Cormier moved, seconded by the Honourable Senator Miville-Dechêne, that the bill be read for a third 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

Third reading of Bill C-45, An Act to amend the First Nations Fiscal Management Act, to make consequential amendments to other Acts, and to make a clarification relating to another Act.

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

Debate.

ADJOURNMENT

At 4:45 p.m., pursuant to the order adopted by the Senate on June 13, 2023, the Senate adjourned until 2 p.m., tomorrow.

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

Report of the Canadian Intellectual Property Office for the fiscal year ended March 31, 2022, pursuant to the Patent Act, R.S.C. 1985, c. P-4, s. 26.—Sessional Paper No. 1/44-1812.

Report of the Office of the Parliamentary Budget Officer entitled Update on the energy sector and agriculture: federal revenue forgone from tax provisions, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-1813.

Legislative Costing Note of the Office of the Parliamentary Budget Officer entitled Elimination of dividend deductions from income tax for financial institutions, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-1814.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Gignac replaced the Honourable Senator Audette (June 14, 2023).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Simons replaced the Honourable Senator Pate (June 14, 2023).

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