The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyCampbellCarignanCoolsCordyCormierCowanDagenaisDawsonDayDeanDowneDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMégieMercerMerchantMeredithMitchellMocklerMoncionMooreMunsonNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRinguetteSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlackBoisvenuBonifaceBoveyCampbellCarignanCoolsCordyCormierCowanDagenaisDawsonDayDeanDowneDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKennyLangLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCoyMcIntyreMégieMercerMerchantMeredithMitchellMocklerMoncionMooreMunsonNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRaineRinguette*RuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukWallaceWallinWattWellsWhiteWoo

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

The Honourable the Speaker informed the Senate that a communication had been received from the Secretary to the Governor General.

The communication was then read by the Honourable the Speaker as follows:

RIDEAU HALL

December 15^th, 2016

Mr. Speaker,

I have the honour to inform you that the Right Honourable David Johnston, Governor General of Canada, will proceed to the Senate Chamber today, the 15^th day of December, 2016, at 4:30 p.m., for the purpose of giving Royal Assent to certain bills of law.

Yours sincerely,

The Honourable

The Speaker of the Senate

Ottawa

Senators’ Statements

Some Honourable Senators made statements.

ROUTINE PROCEEDINGS

Tabling of Documents

With leave of the Senate,

The Honourable the Speaker tabled the following:

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to the United Kingdom, from May 13 to 17, 2016.—Sessional Paper No. 1/42-854S.

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to France, from June 30 to July 5, 2016.—Sessional Paper No. 1/42-855S.

Report of the Parliamentary Delegation of the Senate, led by the Speaker of the Senate, that travelled to Slovenia and the Czech Republic, from September 5 to 9, 2016.—Sessional Paper No. 1/42-856S.

o o o

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

Document entitled Office of the Extractive Sector Corporate Social Responsibility (CSR) Counsellor — 2016 Annual Report to Parliament (May 2015 - May 2016).—Sessional Paper No. 1/42-857.

Presenting or Tabling Reports from Committees

The Honourable Senator Ogilvie, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the committee’s ninth report (Bill C-210, An Act to amend the National Anthem Act (gender), without amendment).

The Honourable Senator Lankin, P.C., moved, seconded by the Honourable Senator Hartling, 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 Andreychuk tabled the following (Sessional Paper No. 1/42-858S):

Thursday, December 15, 2016

The Standing Committee on Ethics and Conflict of Interest for Senators has the honour to table its

FIRST REPORT

Your committee, which was authorized by the Senate to incur expenses for its consideration of matters relating to the Ethics and Conflict of Interest Code for Senators, tables, pursuant to rule 12-26(2), the following report on expenses incurred for that purpose during the Second Session of the Forty-first Parliament:

During the session, your committee held 29 meetings, heard 13 witnesses and submitted 7 reports in relation to its work.

Respectfully submitted,

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Ordered, That photographers be authorized in the Senate Chamber to photograph today’s Royal Assent ceremony, with the least possible disruption of the proceedings.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Ataullahjan introduced Bill S-235, An Act to amend the Prohibiting Cluster Munitions Act (investments).

The bill was read the first time.

The Honourable Senator Ataullahjan moved, seconded by the Honourable Senator Manning, 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.

Question Period

The Senate proceeded to Question Period.

Delayed Answers

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

Response to the oral question asked in the Senate on April 14, 2016 by the Honourable Senator Carignan, P.C., concerning Magdalen Islands — extension of airport runway.—Sessional Paper No. 1/42-859S.

Response to the oral question asked in the Senate on April 14, 2016 by the Honourable Senator Patterson, concerning the Airports Capital Assistance Program — northern and remote airports.—Sessional Paper No. 1/42-860S.

Response to the oral question asked in the Senate on April 19, 2016 by the Honourable Senator Carignan, P.C., concerning Bombardier Inc. — government support.—Sessional Paper No. 1/42-861S.

Response to the oral question asked in the Senate on May 12, 2016 by the Honourable Senator Mockler, concerning workers injured or killed in the workplace.—Sessional Paper No. 1/42-862S.

Response to the oral question asked in the Senate on October 4, 2016 by the Honourable Senator Carignan, P.C., concerning fraudulent citizenship applications.—Sessional Paper No. 1/42-863S.

Response to the oral question asked in the Senate on November 15, 2016 by the Honourable Senator Cowan, concerning defined benefit plans.—Sessional Paper No. 1/42-864S.

Response to the oral question asked in the Senate on November 16, 2016 by the Honourable Senator Enverga, concerning job opportunities for new immigrants.—Sessional Paper No. 1/42-865S.

Orders of the Day

Government Business

Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Dean, seconded by the Honourable Senator Griffin, for the third reading of Bill C-26, An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act.

After debate,

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

YEAS

The Honourable Senators

BakerBellemareBernardBlackBonifaceBoveyCampbellCordyCormierCowanDawsonDayDeanDowneDuffyDupuisDyckEggletonForestFraserGagnéGalvezGoldGriffinHarderHartlingJafferJoyalLankinLovelace NicholasMarwahMassicotteMcCoyMégieMercerMerchantMitchellMoncionMooreMunsonOmidvarPatePetitclercPratteRinguetteSaint-GermainSinclairTardifWallaceWallinWattWoo—52

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuCarignanDagenaisEatonEnvergaFrumGreeneHousakosLangMacDonaldMaltaisManningMartinMcIntyreNgoOhPattersonPlettPoirierRaineSeidmanSmithStewart OlsenTkachukWellsWhite—30

ABSTENTION

The Honourable Senator

Ogilvie—1

Accordingly, Bill C-26 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.

Bills – Reports of Committees

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

Bills – Second Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Gagné, for the second reading of Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act.

After debate,

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

The bill was then read the second time, on division.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Wallace, that the bill be referred to the Standing Senate Committee on Social Affairs, Science and Technology.

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

o o o

Order No. 3 was called and postponed until the next sitting.

o o o

The order was called for resuming debate on the motion of the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C., for the second reading of Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act.

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

The bill was then read the second time.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C., that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

Reports of Committees – Other

Ordered, That order No. 1 be discharged from the Order Paper.

Motions

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Harder, P.C.:

That when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, January 31, 2017 at 2 p.m.

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

o o o

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cordy:

That the following Address be presented to His Excellency the Governor General of Canada:

To His Excellency the Right Honourable David Johnston, Chancellor and Principal Companion of the Order of Canada, Chancellor and Commander of the Order of Military Merit, Chancellor and Commander of the Order of Merit of the Police Forces, Governor General and Commander-in-Chief of Canada.

MAY IT PLEASE YOUR EXCELLENCY:

We, Her Majesty’s most loyal and dutiful subjects, the Senate of Canada in Parliament assembled, beg leave to offer our humble thanks to Your Excellency for the gracious Speech which Your Excellency has addressed to both Houses of Parliament.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Carignan, P.C., that further debate on the motion be adjourned until the next sitting.

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

The order was called for resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Martin, for the third reading of Bill S-230, An Act to amend the Criminal Code (drug-impaired driving), as amended.

And on the motion in amendment of the Honourable Senator Sinclair, seconded by the Honourable Senator Baker, P.C.:

That Bill S-230, as amended, be not now read a third time, but that it be further amended in clause 2,

(a) on page 2, by replacing lines 32 to 41 with the following:

“(3.4) If a peace officer, based on the physical coordination tests provided for in paragraph (2)(a) and the results of the analysis provided for in paragraph (2)(b), or an evaluating officer, based on the evaluation conducted under subsection (3.1), has reasonable grounds to believe that a person’s ability to operate a motor vehicle, a vessel, an aircraft or railway equipment is impaired by a drug or by a combination of alcohol and a drug, the peace officer may require the person, by demand made as soon as practicable, to comply with paragraph (a), or the evaluating officer may require the person, by demand made as soon as practicable, to comply with either or both of paragraphs (a)and (b),”; and

(b) on page 3,

(i) by replacing lines 1 and 2 with the following:

“(a) to provide, as soon as practicable, a sample of either oral fluid or urine that, in the peace officer’s or evaluating officer’s opinion, will enable a proper analysis to”, and

(ii) by replacing line 5 with the following:

“(b) to provide, as soon as practicable, samples of blood that, in the opinion of the quali-”.

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

The question being put on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Martin, for the third reading of Bill S-230, An Act to amend the Criminal Code (drug-impaired driving), as amended, it was adopted.

The bill, as amended, was then read the third time.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

o o o

Resuming debate on the motion of the Honourable Senator Dyck, seconded by the Honourable Senator Cordy, for the third reading of Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

Debate.

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At 4:24 p.m., pursuant to rule 16-1(7), the proceedings were interrupted to resume after Royal Assent.

ROYAL ASSENT

The sitting of the Senate was suspended to await the arrival of His Excellency the Governor General of Canada.

After awhile, His Excellency the Governor General of Canada arrived and was seated at the foot of the Throne.

The Honourable the Speaker commanded the Usher of the Black Rod to proceed to the House of Commons and acquaint that House that:

“It is the pleasure of His Excellency the Governor General of Canada that they attend him immediately in the Senate Chamber.”

The House of Commons being come,

One of the Clerks at the Table then read the titles of the bills to be assented to as follows:

An Act to amend the Income Tax Act (Bill C-2, Chapter 11, 2016)

A second Act to implement certain provisions of the budget tabled in Parliament on March 22, 2016 and other measures (Bill C-29, Chapter 12, 2016)

An Act to implement a Convention and an Arrangement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and to amend an Act in respect of a similar Agreement (Bill S-4, Chapter 13, 2016)

An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act (Bill C-26, Chapter 14, 2016)

To these bills the Royal Assent was pronounced by the Clerk of the Senate in the following words:

“In Her Majesty’s name, His Excellency the Governor General of Canada doth assent to these bills”

4:53 p.m.

The acting Deputy Speaker of the House of Commons addressed His Excellency the Governor General of Canada as follows:

“May it Please Your Excellency:

The Commons of Canada have voted supplies to enable the Government to defray certain expenses of the public service.

In the name of the Commons, I present to Your Excellency the following bill:

An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2017 (Bill C-35, Chapter 10, 2016)

To which bill I humbly request Your Excellency’s Assent.”

After one of the Clerks at the Table read the title of this bill,

To this bill the Royal Assent was pronounced by the Clerk of the Senate in the following words:

“In Her Majesty’s name, His Excellency the Governor General of Canada thanks her loyal subjects, accepts their benevolence and assents to this bill.”

4:57 p.m.

The Commons withdrew.

After which His Excellency the Governor General of Canada was pleased to retire.

Orders of the Day

Other Business

Senate Public Bills – Third Reading

The Senate resumed debate on the motion of the Honourable Senator Dyck, seconded by the Honourable Senator Cordy, for the third reading of Bill S-215, An Act to amend the Criminal Code (sentencing for violent offences against Aboriginal women).

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

The bill was then read the third time, on division.

Ordered, That a message be sent to the House of Commons to acquaint that House that the Senate has passed this bill, to which it desires its concurrence.

Senate Public Bills – Second Reading

Orders No. 1 to 7 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 1 to 7 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Tannas, seconded by the Honourable Senator Wells, for the adoption of the sixth report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Speakership), presented in the Senate on October 5, 2016.

After debate,

The Honourable Senator Day moved, seconded by the Honourable Senator Baker, P.C., 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

Order No. 9 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Eggleton, P.C., seconded by the Honourable Senator Day, for the adoption of the third report (interim) of the Special Senate Committee on Senate Modernization, entitled Senate Modernization: Moving Forward (Committees), presented in the Senate on October 4, 2016.

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

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

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Ordered : That Order No. 7, under Senate Public Bills - Second Reading, be again called.

Second reading of Bill S-234, An Act to amend the Parliament of Canada Act (Parliamentary Artist Laureate).

The Honourable Senator Moore moved, seconded by the Honourable Senator Joyal, P.C., that the bill be read the second time.

After debate,

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

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

Reports of Committees – Other

Orders No. 11 to 13 were called and postponed until the next sitting.

o o o

Consideration of the fifth report of the Committee of Selection, entitled Committee membership changes pursuant to the orders of the Senate of December 7 and 12, 2016, presented in the Senate on December 14, 2016.

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

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

Motions

Orders No. 72, 69, 146, 89, 92, 60, 43, 31 and 51 were called and postponed until the next sitting.

o o o

Order No. 7 was called and, pursuant to rule 4-15(2), dropped from the Order Paper and Notice Paper.

o o o

Resuming debate on the motion of the Honourable Senator Patterson, seconded by the Honourable Senator Runciman:

Whereas the Senate provides representation for groups that are often underrepresented in Parliament, such as Aboriginal peoples, visible minorities and women;

Whereas paragraph (3) of section 23 of the Constitution Act, 1867 requires that, in order to be qualified for appointment to and to maintain a place in the Senate, a person must own land with a net worth of at least four thousand dollars in the province for which he or she is appointed;

Whereas a person’s personal circumstances or the availability of real property in a particular location may prevent him or her from owning the required property;

Whereas appointment to the Senate should not be restricted to those who own real property of a minimum net worth;

Whereas the existing real property qualification is inconsistent with the democratic values of modern Canadian society and is no longer an appropriate or relevant measure of the fitness of a person to serve in the Senate;

Whereas, in the case of Quebec, each of the twenty-four Senators representing the province must be appointed for and must have either their real property qualification in or be resident of a specified Electoral Division;

Whereas an amendment to the Constitution of Canada in relation to any provision that applies to one or more, but not all, provinces may be made by proclamation issued by the Governor General under the Great Seal of Canada only where so authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province to which the amendment applies;

Whereas the Supreme Court of Canada has determined that a full repeal of paragraph (3) of section 23 of the Constitution Act, 1867, respecting the real property qualification of Senators, would require a resolution of the Quebec National Assembly pursuant to section 43 of the Constitution Act, 1982;

Now, therefore, the Senate resolves that an amendment to the Constitution of Canada be authorized to be made by proclamation issued by His Excellency the Governor General under the Great Seal of Canada in accordance with the Schedule hereto.

SCHEDULE

AMENDMENT TO THE CONSTITUTION OF CANADA

1.(1) Paragraph (3) of section 23 of the Constitution Act, 1867 is repealed.

(2) Section 23 of the Act is amended by replacing the semi-colon at the end of paragraph (5) with a period and by repealing paragraph (6).

2.The Declaration of Qualification set out in The Fifth Schedule to the Act is replaced by the following:

I, A.B., do declare and testify that I am by law duly qualified to be appointed a member of the Senate of Canada.

3.This Amendment may be cited as the Constitution Amendment, [year of proclamation] (Real property qualification of Senators).

With leave of the Senate,

The Honourable Senator Martin moved, for the Honourable Senator Maltais, seconded by the Honourable Senator MacDonald, that further debate on the motion be adjourned until the next sitting.

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

Inquiries

Orders No. 1, 16, 17, 13, 15, 19, 18, 8, 12, 14, 11 and 2 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Munson moved, seconded by the Honourable Senator Cordy:

That the Standing Senate Committee on Human Rights be authorized to examine and report issues relating to the human rights of prisoners in the correctional system, with emphasis on the federal system, and with reference to both national and international law and standards, as well as to examine the situation of vulnerable or disadvantaged groups in federal prisons, including indigenous people, visible minorities, women and those with mental health concerns;

That the committee submit its final report no later than October 31, 2017, and that the committee retain all powers necessary to publicize its findings until 180 days after the tabling of the final report.

After debate,

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

o o o

The Honourable Senator Dyck moved, seconded by the Honourable Senator Watt:

That the Standing Senate Committee on Aboriginal Peoples be authorized to examine and report on a new relationship between Canada and First Nations, Inuit and Metis peoples, including, but not limited to:

(a) the history of the relationship between indigenous people and newcomers;

(b) the main principles of a new relationship; and

(c) the application of these principles to specific issues affecting indigenous people in Canada;

That the committee submit its final report no later than October 31, 2018 and that the committee retain all powers necessary to publicize its findings for 180 days after the tabling of the final report.

After debate,

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

o o o

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Ogilvie:

That, pursuant to rule 12-18(2)(b)(i), the Standing Committee on Foreign Affairs and International Trade be authorized to meet in January 2017, even though the Senate may then be adjourned for a period exceeding one week.

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

ADJOURNMENT

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Petitclerc:

That the Senate do now adjourn.

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

(Accordingly, at 5:51 p.m., the Senate was continued until Tuesday, January 31, 2017, at 2 p.m.)

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

Annual Report of the Specific Claims Tribunal for the fiscal year ended March 31, 2016, pursuant to the Specific Claims Tribunal Act,S.C. 2008,c. 22,s. 40.—Sessional Paper No. 1/42-848.

Report of Atomic Energy of Canada Limited, together with the Auditor General’s Report, for the fiscal year ended March 31, 2016, pursuant to the Financial Administration Act,R.S.C. 1985, c. F-11, sbs. 150(1).—Sessional Paper No. 1/42-849.

Summary of the Corporate Plan for 2015-16 to 2019-20 and 2016-17 to 2020-21 Operating and Capital Budgets for 2015-16 and 2016-17 of Atomic Energy of Canada Limited, pursuant to the Financial Administration Act, R.S.C 1985,c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-850.

Agreement for RCMP policing services (First Nations Community Policing Service) for the province of New Brunswick, pursuant to the Royal Canadian Mounted Police Act, R.S.C. 1985,c. R-10, sbs. 20(5).—Sessional Paper No. 1/42-851.

Report of the State of Protected Heritage Areas for 2016, pursuant to the Parks Canada Agency Act,S.C. 1998, c. 31,s. 31.—Sessional Paper No. 1/42-852.

Summary of the Corporate Plan for the period 2016-17 to 2020-21 of the Windsor-Detroit Bridge Authority, pursuant to the Financial Administration Act,R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-853.

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Changes in Membership of Committees Pursuant to Rule 12-5 and to the Order of the Senate of December 7, 2016

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Patterson replaced the Honourable Senator Enverga (December 15, 2016).

Standing Senate Committee on Human Rights

The Honourable Senator Omidvar replaced the Honourable Senator Pate (December 15, 2016).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator McCoy replaced the Honourable Senator Wallace (December 15, 2016).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Frum replaced the Honourable Senator MacDonald (December 15, 2016).

The Honourable Senator Neufeld replaced the Honourable Senator Marshall (December 15, 2016).