The Members convened were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBernardBlackBoehmBoisvenuBonifaceBoyerBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMassicotteMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PettenPlettPoirierQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithSorensenTannasVernerWallinWellsWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAtaullahjanAudetteBattersBernardBlackBoehmBoisvenuBonifaceBoyerBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisGagnéGalvezGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMacDonaldManningMarshallMartinMassicotteMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PettenPlettPoirierQuinnRavaliaRichardsRinguetteSaint-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

Tabling of Documents

The Honourable Senator LaBoucane-Benson tabled the following:

Government response, dated June 13, 2023, to the second report of the Special Joint Committee on Medical Assistance in Dying, entitled Medical Assistance in Dying in Canada: Choices for Canadians, tabled in the Senate on February 15, 2023.—Sessional Paper No. 1/44-1820.

Presenting or Tabling Reports from Committees

The Honourable Senator Mockler presented the following:

Thursday, June 15, 2023

The Standing Senate Committee on National Finance has the honour to present its

TWELFTH REPORT

Your committee, to which was referred Bill C-47, An Act to implement certain provisions of the budget tabled in Parliament on March 28, 2023, has, in obedience to the order of reference of Tuesday, June 13, 2023, examined the said bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

Observations to the twelfth report of the Standing Senate Committee on National Finance (Bill C-47)

A Thorough Overhaul of the Tax System is Long Overdue

Bill C-47 seeks to enact certain provisions of the proposed federal budget, including various amendments to the Income Tax Act, that either temporarily or permanently alter Canada’s tax system. In light of Canada’s commitments to lift Canadians out of poverty, this Committee urges the government to undertake a comprehensive review of how the tax system can advance this goal, including through the promotion of tax fairness, substantive equality, and accessibility, particularly for low-income and other marginalized Canadians.

Retroactive Application of GST/HST to Payment Card Clearing Services is Unacceptable and Sets a Dangerous Precedent

Members of the National Finance Committee expressed reservations about certain provisions of sections 114 to 116 of Bill C-47 which would make the GST/HST applicable retroactively to payment card clearing services even though the Federal Court of Appeal had clearly ruled in January 2021 that these services are financial in nature and therefore exempt from GST/HST. According to the testimonies heard, this would also constitute a certain inconsistency with the international practices in force in countries where a value-added tax like the GST/HST is in place.

In the eyes of the committee members, the 26-month delay observed by the federal Department of Finance in reacting to a decision by the Federal Court of Appeal is not only unacceptable but also constitutes a dangerous precedent according to the Canadian Bar Association.

The Provisions on the Extension of Interswitching raise questions

The Committee has reservations about the interconnection extension provided for in section 22 of Part 4 of Bill C-47, considering, among other things, that these measures had already been put in place in 2014 and were subsequently eliminated because they were deemed inadequate.

As mentioned by the Standing Senate Committee on Transport and Communications in its report on Bill C-47, our committee recognizes that section 22 of Part 4 of Bill C-47 is very complex, and that such content would have benefited from a separate bill.

The Continued Use of Omnibus Bills is Concerning

The Committee expresses its concern about the continued use of Omnibus Bills. Bill C-47 is 430 pages long and includes many sections that are unrelated to the fiscal policy of the Government, such as the amendments to the Criminal Code and the Canada Elections Act. They should have been introduced as separate Bills. This practice is unacceptable.

The Committee is also concerned that insufficient time was provided to the Senate to thoroughly study the Bill, and to determine its impact.

These concerns have also been expressed by several other Standing Senate Committees, and have been included in their Reports on Bill C-47.

Reports From Other Senate Committees

Our committee would like to bring to the government’s attention the reports released by eight other Senate committees on the scubjet matter of Bill C-47 and we urge the government to consider the observations made by these committees:

•The Standing Senate Committee on Foreign Affairs and International Trade;

•The Standing Senate Committee on Banking, Commerce and the Economy;

•The Standing Senate Committee on National Security, Defence and Veterans Affairs;

•The Standing Senate Committee on Legal and Constitutional Affairs;

•The Standing Senate Committee on Social Affairs, Science and Technology;

•The Standing Senate Committee on Fisheries and Oceans;

•The Standing Senate Committee on Energy, the Environment and Natural Resources; and

•The Standing Senate Committee on Transport and Communications.

Government Responses

Finally, guided by the principles of transparency, accountability, predictability and reliability in fulfilling its mandate, our committee provided these observations. We encourage the government to give careful consideration and provide responses to our observations at the earliest opportunity.

The Honourable Senator Loffreda moved, seconded by the Honourable Senator Moodie, that the bill be placed on the Orders of the Day for third reading at the next sitting.

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

o o o

The Honourable Senator Wallin, Chair of the Standing Senate Committee on Banking, Commerce and the Economy, tabled the eighth report (interim) of the committee, entitled Needed: An Innovation Strategy for the Data-Driven Economy.—Sessional Paper No. 1/44-1821S.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Smith, 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.

Government Notices of Motions

With leave of the Senate,

The Honourable Senator LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C.:

That, notwithstanding any provision of the Rules, previous order or usual practice, the evening suspension provided for in rule 3-3(1) be for only one hour today, starting at 6 p.m.

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

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-294, An Act to amend the Copyright Act (interoperability), to which it desires the concurrence of the Senate.

The bill was read the first time.

The Honourable Senator Martin moved, seconded by the Honourable Senator Housakos, 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 Kutcher tabled the following:

Report of the Canada-Japan Inter-Parliamentary Group, Co-Chairs’ Annual Visit, Osaka and Tokyo, Japan, October 10 to 15, 2022.—Sessional Paper No. 1/44-1822.

Report of the Canada-China Legislative Association and the Canada-Japan Inter-Parliamentary Group, 30^th Annual Meeting of the Asia-Pacific Parliamentary Forum, Bangkok, Thailand, from October 26 to 29, 2022.—Sessional Paper No. 1/44-1823.

Report of the Canada-China Legislative Association and the Canada-Japan Inter-Parliamentary Group, 43^rd General Assembly of the ASEAN Inter-Parliamentary Assembly, Phnom Penh, Cambodia, from November 20 to 25, 2022.—Sessional Paper No. 1/44-1824.

Question Period

The Senate proceeded to Question Period.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons in the following words:

Wednesday, June 14, 2023

EXTRACT, —

That a message be sent to the Senate to acquaint Their Honours that, in relation to Bill C-22, An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act, the House:

agrees with amendments 1, 4 and 5 made by the Senate;

agrees with the Senate proposal to make any necessary consequential changes to the numbering of provisions and cross-references resulting from the amendments to the bill;

respectfully disagrees with amendment 2 because it raises significant constitutional concerns by seeking to regulate the insurance industry specifically or contracting generally, both of which fall within provincial jurisdiction;

proposes that amendment 3 be amended to read as follows:

“New clause 10.1, page 4: Add the following after line 5:

“Appeals

10.1 Subject to regulations, a person, or any other person acting on their behalf, may appeal to a body identified in regulations made under paragraph 11(1)(i) in respect of any decision

(a) relating to the person’s ineligibility for a Canada disability benefit;

(b) relating to the amount of a Canada disability benefit that the person has received or will receive; or

(c) prescribed by the regulations.””.

ATTEST

The Honourable Senator Gold, P.C., moved, seconded by the Honourable Senator LaBoucane-Benson, that the message 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 LaBoucane-Benson moved, seconded by the Honourable Senator Gold, P.C.:

That the Senate approve the reappointment of Heather Powell Lank as Parliamentary Librarian.

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

Bills – Reports of Committees

Consideration of the sixth report of the Standing Senate Committee on Transport and Communications (Bill C-18, An Act respecting online communications platforms that make news content available to persons in Canada, with amendments), presented in the Senate on June 14, 2023.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Martin, that the report be adopted.

After debate,

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

With leave of the Senate,

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Klyne, that the bill, as amended, be read for a third time.

After debate,

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

YEAS

The Honourable Senators

ArnotAudetteBoehmBonifaceBureyBussonCardozoClementCordyCormierCotterCoyleDagenaisDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanDupuisForestFrancisGerbaGignacGoldGreenwoodHarderJafferKlyneKutcherLaBoucane-BensonLoffredaMacAdamMassicotteMcPhedranMégieMiville-DechêneMoodieOmidvarOslerPatePettenQuinnRavaliaRinguetteSaint-GermainShugartSmithSorensenYussuff—51

NAYS

The Honourable Senators

AtaullahjanBattersBlackBoisvenuCarignanHousakosMacDonaldManningMarshallMartinMocklerOhPatterson (Nunavut)Patterson (Ontario)PlettPoirierRichardsSeidmanSimonsTannasVernerWallinWells—23

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-18, as amended, 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 with certain amendments, to which it desires its concurrence.

Bills – Second Reading

Second reading of Bill C-41, An Act to amend the Criminal Code and to make consequential amendments to other Acts.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Duncan, that the bill be read the second time.

After debate,

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

The bill was then read the second time.

With leave of the Senate,

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

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

The bill was then read the 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.

---

Pursuant to rule 3-3(1) and the order adopted by the Senate earlier this day, the Speaker left the Chair to resume the same at 7 p.m.

The sitting resumed.

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Cormier, seconded by the Honourable Senator Miville-Dechêne, for the 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.

After debate,

In amendment, the Honourable Senator Loffreda moved, seconded by the Honourable Senator Arnot:

That Bill C-13 be not now read a third time, but that it be amended,

(a) in clause 2, on page 3, by replacing lines 18 and 19 with the following:

“the National Assembly of Quebec has determined that French is Quebec’s official language;”;

(b) in clause 3, on page 4, by replacing lines 5 to 12 with the following:

“predominant use of English; and”;

(c) in clause 24, on page 21, by replacing lines 27 and 28 with the following:

“(b) the National Assembly of Quebec has determined that French is Quebec’s official language;”.

After debate,

The question being put on the motion in amendment, it was negatived, on division.

The Senate resumed debate on the motion of the Honourable Senator Cormier, seconded by the Honourable Senator Miville-Dechêne, for the 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.

After debate,

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

YEAS

The Honourable Senators

ArnotAtaullahjanBattersBernardBoehmBoisvenuBonifaceBureyBussonCardozoCarignanClementCordyCormierCotterCoyleDagenaisDaskoDeacon (Ontario)DeanDuncanDupuisForestGagnéGerbaGignacGoldGreenwoodHarderHousakosJafferKlyneKutcherLaBoucane-BensonMacAdamManningMartinMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOmidvarOslerPatterson (Nunavut)Patterson (Ontario)PettenPlettPoirierQuinnRavaliaRinguetteSaint-GermainSimonsSorensenTannasWellsWooYussuff—60

NAYS

The Honourable Senators

LoffredaOhRichardsSeidmanSmith—5

ABSTENTIONS

The Honourable Senators

AudetteDalphondFrancisMarshallPate—5

Accordingly, Bill C-13 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.

---

With leave of the Senate,

The Honourable Senator LaBoucane-Benson 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, June 20, 2023, at 2 p.m.

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

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Klyne, seconded by the Honourable Senator Gerba, for the 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.

After debate,

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

The bill was then read the 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.

ADJOURNMENT

With leave of the Senate,

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 10 p.m., the Senate was continued until Tuesday, June 20, 2023, at 2 p.m.)

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

Report of the Chief of Defence Staff on the National Sex Offender Registry for the fiscal year ended March 31, 2023, pursuant to the National Defence Act, R.S.C. 1985, c. N-5, s. 227.171.—Sessional Paper No. 1/44-1816.

Annual Report of the Federal Housing Advocate for the fiscal year ended March 31, 2023, pursuant to the National Housing Strategy Act, S.C. 2019, c. 29, s. 313 “16(2)”.—Sessional Paper No. 1/44-1817.

2022 Annual Report on the RCMP’s Use of the Law Enforcement Justification Provisions, pursuant to the Criminal Code, R.S.C., 1985, c. C-46, ss. 25.1 to 25.4.—Sessional Paper No. 1/44-1818.

Report by Export Development Canada on Canada Account Operations for the fiscal year 2021-2022, pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/44-1819.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Bellemare replaced the Honourable Senator Cardozo (June 15, 2023).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Audette replaced the Honourable Senator Gignac (June 15, 2023).

Standing Senate Committee on Human Rights

The Honourable Senator Hartling replaced the Honourable Senator Pate (June 15, 2023).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Quinn replaced the Honourable Senator Tannas (June 15, 2023).

The Honourable Senator Tannas replaced the Honourable Senator Quinn (June 14, 2023).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Jaffer was added to the membership (June 15, 2023).

The Honourable Senator Pate replaced the Honourable Senator Simons (June 15, 2023).

The Honourable Senator Forest was added to the membership (June 15, 2023).

The Honourable Senator Arnot was removed from the membership of the committee, substitution pending (June 15, 2023).

The Honourable Senator Dupuis replaced the Honourable Senator Forest (June 15, 2023).

Standing Senate Committee on National Finance

The Honourable Senator Duncan was removed from the membership of the committee, substitution pending (June 15, 2023).

The Honourable Senator Duncan replaced the Honourable Senator Deacon (Ontario) (June 15, 2023).

Standing Senate Committee on National Security, Defence and Veterans Affairs

The Honourable Senator Gignac replaced the Honourable Senator Cardozo (June 15, 2023).