The Members convened were:

The Honourable Senators

ArnotAtaullahjanAucoinAudetteBattersBellemareBernardBoehmBoisvenuBonifaceBoyerBussonCardozoCarignanClementCordyCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DeanDowneDuncanDupuisForestFrancisGagnéGerbaGignacGoldGreeneHartlingHousakosJafferKingstonKlyneLaBoucane-BensonLankinLoffredaMacAdamMarshallMartinMassicotteMcCallumMcNairMcPhedranMégieMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRossSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

ArnotAtaullahjanAucoinAudetteBattersBellemareBernardBoehmBoisvenuBonifaceBoyer*BureyBussonCardozoCarignanClementCordyCormierCotterCoyleCuznerDagenaisDalphondDaskoDeacon (Ontario)DeanDowneDuncanDupuisForestFrancisGagnéGerbaGignacGoldGreeneHartlingHousakosJafferKingstonKlyneLaBoucane-BensonLankinLoffredaMacAdam*MacDonaldMarshallMartinMassicotteMcCallumMcNairMcPhedranMégie*Miville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)Patterson (Ontario)PetitclercPettenPlettProsperQuinnRavaliaRichardsRinguetteRossSaint-GermainSeidmanSimonsSmithSorensenTannasVernerWallinWellsWhiteWooYussuff

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

First Reading of Commons Public Bills

A message was brought from the House of Commons with Bill C-295, An Act to amend the Criminal Code (neglect of vulnerable adults), to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Report of the Canadian Delegation to the Organization for Security and Co-operation in Europe Parliamentary Assembly, 30th Annual Session, Vancouver, British Columbia, Canada, from June 30 to July 4, 2023.—Sessional Paper No. 1/44-2463.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Third Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Yussuff, seconded by the Honourable Senator Duncan, for the third reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).

After debate,

In amendment, the Honourable Senator Boisvenu moved, seconded by the Honourable Senator Seidman:

That Bill C-21 be not now read a third time, but that it be amended on page 51 by adding the following after line 28:

45.1 The Act is amended by adding the following after section 118:

118.1 (1) If a proposed regulation may affect one or more Indigenous groups’, communities’ or peoples’ rights recognized and affirmed by section 35 of the Constitution Act, 1982, the federal Minister must, before the proposed regulation is laid before each House of Parliament under subsection 118(1), consult with a variety of Indigenous governing bodies and a variety of Indigenous organizations in order to take into account the unique circumstances and needs of those Indigenous groups, communities and peoples.

(2) If subsection (1) applies, the federal Minister must include with the proposed regulation laid before each House of Parliament pursuant to subsection 118(1) a report describing the consultations undertaken.

(3) The following definitions apply in this section.

Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982. (corps dirigeant autochtone)

Indigenous organization means an Indigenous entity that represents the interests of an Indigenous group and its members. (organisme autochtone)”.

After debate,

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

YEAS

The Honourable Senators

ArnotAtaullahjanBattersBoisvenuCarignanDowneGreeneHousakosMarshallMartinMcCallumOhPatterson (Nunavut)Patterson (Ontario)PlettProsperQuinnRichardsRossSeidmanSmithWallinWells—23

NAYS

The Honourable Senators

AucoinBellemareBernardBoehmBonifaceBoyerBussonCardozoCordyCormierCoyleCuznerDalphondDaskoDeacon (Ontario)DeanDuncanDupuisForestFrancisGerbaGignacGoldHartlingJafferKingstonKlyneLaBoucane-BensonLankinLoffredaMacAdamMcNairMcPhedranMégieMoncionOmidvarOslerPetitclercPettenRavaliaRinguetteSaint-GermainSimonsSorensenWhiteWooYussuff—47

ABSTENTIONS

The Honourable Senators

MoodiePate—2

The Senate resumed debate on the motion of the Honourable Senator Yussuff, seconded by the Honourable Senator Duncan, for the third reading of Bill C-21, An Act to amend certain Acts and to make certain consequential amendments (firearms).

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 Moodie, seconded by the Honourable Senator Miville-Dechêne, for the third reading of Bill C-35, An Act respecting early learning and child care in Canada, as amended.

Debate.

---

Pursuant to rule 3-3(1), the Speaker left the Chair to resume the same at 8 p.m.

The sitting resumed.

Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Moodie, seconded by the Honourable Senator Miville-Dechêne, for the third reading of Bill C-35, An Act respecting early learning and child care in Canada, as amended.

After debate,

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

The bill, as amended, 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 with an amendment, to which it desires its concurrence.

Bills – Second Reading

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

Reports of Committees – Other

Orders No. 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 were called and postponed until the next sitting.

Motions

Orders No. 1, 131, 132 and 143 were called and postponed until the next sitting.

o o o

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

That, pursuant to section 3 of the Statutes Repeal Act, S.C. 2008, c. 20, the Senate resolve that the Act and the provisions of the other Acts listed below, which have not come into force in the period since their adoption, not be repealed:

1.Parliamentary Employment and Staff Relations Act, R.S., c. 33 (2^nd Supp.):

-Part II;

2.Contraventions Act, S.C. 1992, c. 47:

-paragraph 8(1)(d), sections 9, 10 and 12 to 16, subsections 17(1) to (3), sections 18 and 19, subsection 21(1) and sections 22, 23, 25, 26, 28 to 38, 40, 41, 44 to 47, 50 to 53, 56, 57, 60 to 62, 84 (in respect of the following sections of the schedule: 2.1, 2.2, 3, 4, 5, 7, 7.1, 9, 10, 11, 12, 14 and 16) and 85;

3. Comprehensive Nuclear Test-Ban Treaty Implementation Act, S.C. 1998, c. 32;

4.Public Sector Pension Investment Board Act, S.C. 1999, c. 34:

-sections 155, 157, 158 and 160, subsections 161(1) and (4) and section 168;

5.Modernization of Benefits and Obligations Act, S.C. 2000, c. 12:

-subsections 107(1) and (3) and section 109;

6.Yukon Act, S.C. 2002, c. 7:

-sections 70 to 75 and 77, subsection 117(2) and sections 167, 168, 210, 211, 221, 227, 233 and 283;

7.An Act to amend the Canadian Forces Superannuation Act and to make consequential amendments to other Acts, S.C. 2003, c. 26:

-sections 4 and 5, subsection 13(3), section 21, subsections 26(1) to (3) and sections 30, 32, 34, 36 (with respect to section 81 of the Canadian Forces Superannuation Act), 42 and 43;

8. Budget Implementation Act, 2005, S.C. 2005, c. 30:

-Part 18 other than section 125;

9.An Act to amend certain Acts in relation to financial institutions, S.C. 2005, c. 54:

-subsection 27(2), section 102, subsections 239(2), 322(2) and 392(2);

10.Budget Implementation Act, 2009, S.C. 2009, c. 2:

-sections 394, 399 and 401 to 404;

11.Payment Card Networks Act, S.C. 2010, c. 12, s. 1834:

-sections 6 and 7;

12.An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act, S.C. 2010, c. 23:

-sections 47 to 51, 55 and 68, subsection 89(2) and section 90;

13.Financial System Review Act, S.C. 2012, c. 5:

-sections 54 and 56 to 59;

14.An Act to amend the Railway Safety Act and to make consequential amendments to the Canada Transportation Act, S.C. 2012, c. 7:

-subsections 7(2) and 14(2) to (5);

15.Protecting Canada’s Immigration System Act, S.C. 2012, c. 17:

-sections 70 to 77;

16.Jobs, Growth and Long-term Prosperity Act, S.C. 2012, c. 19:

-sections 459, 460, 462 and 463;

17.Jobs and Growth Act, 2012, S.C. 2012, c. 31:

-sections 361 to 364;

18.Strengthening Military Justice in the Defence of Canada Act, S.C. 2013, c. 24:

-sections 12, 13 and 46;

19.Yale First Nation Final Agreement Act, S.C. 2013, c. 25:

-sections 1 to 17, 19, 20, 21, 22, 23 and 24;

20.Economic Action Plan 2013 Act, No. 1, S.C. 2013, c. 33:

-subsection 228(2); and

21.Economic Action Plan 2013 Act, No. 2, S.C. 2013, c. 40:

-sections 263, 266 and 267.

After debate,

The Honourable Senator Patterson (Ontario) moved, seconded by the Honourable Senator Osler, 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

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

That, at 3:30 p.m. on Tuesday, December 12, 2023, the Senate resolve itself into a Committee of the Whole in order to receive Marie-Chantal Girard respecting her appointment as President of the Public Service Commission of Canada;

That the Committee of the Whole report to the Senate no later than 45 minutes after it begins;

That the witness’s introductory remarks last a maximum of five minutes; and

That, if a senator does not use the entire period of 10 minutes for debate provided under rule 12-31(3)(d), including the responses of the witness, that senator may yield the balance of time to another senator.

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

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

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Wells, seconded by the Honourable Senator Batters, for the third reading of Bill C-234, An Act to amend the Greenhouse Gas Pollution Pricing Act, as amended.

After debate,

In amendment, the Honourable Senator Woo moved, seconded by the Honourable Senator Cotter:

That Bill C-234, as amended, be not now read a third time, but that it be further amended, in clause 2 (as amended by the decision of the Senate on December 5, 2023):

(a) on page 2, by replacing line 23 with the following:

“into force on the day that is the third anniversary”;

(b) on page 3, by replacing line 6 with the following:

“third anniversary of the day on which this Act”.

After debate,

The question was put on the motion in amendment.

Pursuant to rule 9-10(2), a standing vote was deferred until 5:30 p.m. at the next sitting, with the bells to sound at 5:15 p.m. for fifteen minutes.

---

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 Monday, December 11, 2023, at 6 p.m.

That rule 3-3(1) be suspended on that day; and

That, notwithstanding rule 9-10(2), if a vote has been or is deferred to that day, it take place at the end of Question Period.

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

Other Business

Commons Public Bills – Third Reading

Order No. 2 was called and postponed until the next sitting.

Senate Public Bills – Reports of Committees

Resuming debate on the motion of the Honourable Senator Cotter, seconded by the Honourable Senator Ravalia, for the adoption of the sixteenth report of the Standing Senate Committee on Legal and Constitutional Affairs (Bill S-212, An Act to amend the Criminal Records Act, to make consequential amendments to other Acts and to repeal a regulation, with amendments), presented in the Senate on September 26, 2023.

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.

Private Bills – Reports of Committees

Consideration of the tenth report of the Standing Senate Committee on Banking, Commerce and the Economy (Bill S-1001, An Act to amalgamate The Roman Catholic Episcopal Corporation of Ottawa and The Roman Catholic Episcopal Corporation for the Diocese of Alexandria-Cornwall, in Ontario, Canada, with amendments), presented in the Senate on December 5, 2023.

The Honourable Senator Wallin moved, seconded by the Honourable Senator Osler, that the report be adopted.

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

The Honourable Senator Clement moved, seconded by the Honourable Senator Coyle, that the bill, as amended, 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.

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 were called and postponed until the next sitting.

o o o

Ordered: That consideration of Order No. 33 be postponed until the next sitting of the Senate.

o o o

Orders No. 34, 35, 36, 37 and 38 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 31, 33, 40, 48, 51, 53, 56 and 60 were called and postponed until the next sitting.

Motions

Orders No. 3, 4, 5, 6, 7, 11, 12, 19 and 30 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Jaffer:

That the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine and report on the impact of subsection 268(3) of the Criminal Code, enacted in 1997, including but not limited to:

(a)the reasons why there have been no prosecutions under this provision since its enactment 25 years ago; and

(b)the extent to which female genital mutilation is currently occurring in Canada and to Canadian girls taken abroad for such procedures;

That the committee make recommendations, as appropriate, to ensure the Criminal Code provision has its intended impact of ending such crimes being perpetrated against girls in Canada; and

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

The Honourable Senator Lankin, P.C., moved, seconded by the Honourable Senator Moodie, 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. 77, 82, 96, 107, 113 and 147 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Saint-Germain, seconded by the Honourable Senator Clement:

That the case of privilege concerning events relating to the sitting of November 9, 2023, be referred to the Standing Committee on Ethics and Conflict of Interest for Senators for examination and report;

That, without limiting the committee’s study, it consider, in light of this case of privilege:

1.appropriate updates to the Ethics and Conflict of Interest Code for Senators; and

2.the obligations of senators in the performance of their duties; and

That, notwithstanding any provision of the Rules, when the committee is dealing with the case of privilege:

1.it be authorized to meet in public if it so decides; and

2.a senator who is not a member of the committee not attend unless doing so as a witness and at the invitation of the committee.

After debate,

The Honourable Senator Wells moved, seconded by the Honourable Senator Batters, that further debate on the motion be adjourned until the next sitting.

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

YEAS

The Honourable Senators

BattersDeacon (Ontario)RichardsWells—4

NAYS

The Honourable Senators

ArnotAucoinBellemareBernardBoehmBonifaceClementCordyCormierCoyleCuznerDalphondDaskoDeanForestGerbaGignacGoldHartlingKingstonLaBoucane-BensonLoffredaMacAdamMcNairMégieMoncionOslerPatePatterson (Ontario)PetitclercPettenProsperSaint-GermainWooYussuff—35

ABSTENTIONS

The Honourable Senators

AtaullahjanBussonCardozoCarignanCotterDowneDuncanKlyneLankinMartinMoodieOhOmidvarPlettRavaliaRossSeidman—17

The Senate resumed debate on the motion of the Honourable Senator Saint-Germain, seconded by the Honourable Senator Clement:

That the case of privilege concerning events relating to the sitting of November 9, 2023, be referred to the Standing Committee on Ethics and Conflict of Interest for Senators for examination and report;

That, without limiting the committee’s study, it consider, in light of this case of privilege:

1.appropriate updates to the Ethics and Conflict of Interest Code for Senators; and

2.the obligations of senators in the performance of their duties; and

That, notwithstanding any provision of the Rules, when the committee is dealing with the case of privilege:

1.it be authorized to meet in public if it so decides; and

2.a senator who is not a member of the committee not attend unless doing so as a witness and at the invitation of the committee.

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

Inquiries

Orders No. 1, 3, 4, 5 and 8 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Boniface, calling the attention of the Senate to intimate partner violence, especially in rural areas across Canada, in response to the coroner’s inquest conducted in Renfrew County, Ontario.

After debate,

With leave of the Senate,

Further debate on the inquiry was adjourned until the next sitting, in the name of the Honourable Senator Clement.

o o o

Orders No. 11, 12, 13, 14, 16 and 17 were called and postponed until the next sitting.

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 10:55 p.m., the Senate was continued until Monday, December 11, 2023, at 6 p.m.)

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

Report of the Office of the Parliamentary Budget Officer entitled Fall Economic Statement 2023: Issues for Parliamentarians, pursuant to the Parliament of Canada Act, R.S.C. 1985, c. P-1, sbs. 79.2(2).—Sessional Paper No. 1/44-2461.

Copy of the Regulations Amending the Special Economic Measures (Russia) Regulations (P.C. 2023-1190), pursuant to the Special Economic Measures Act, S.C. 1992, c. 17, sbs. 7(1).—Sessional Paper No. 1/44-2462.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Oh replaced the Honourable Senator Wells (December 7, 2023).

The Honourable Senator Burey replaced the Honourable Senator Osler (December 7, 2023).

The Honourable Senator Wells replaced the Honourable Senator Oh (December 7, 2023).

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Miville-Dechêne replaced the Honourable Senator Coyle (December 7, 2023).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Oh replaced the Honourable Senator Wells (December 7, 2023).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Harder, P.C., replaced the Honourable Senator Cardozo (December 7, 2023).

The Honourable Senator Cardozo replaced the Honourable Senator Harder, P.C. (December 7, 2023).

Standing Senate Committee on Indigenous Peoples

The Honourable Senator Greenwood replaced the Honourable Senator Cormier (December 7, 2023).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Jaffer replaced the Honourable Senator Busson (December 7, 2023).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Bernard replaced the Honourable Senator Bellemare (December 7, 2023).

The Honourable Senator Cormier replaced the Honourable Senator Jaffer (December 7, 2023).

The Honourable Senator Burey replaced the Honourable Senator Dagenais (December 7, 2023).

The Honourable Senator Bellemare replaced the Honourable Senator Bernard (December 6, 2023).