Skip to content
Previous Sittings
Previous Sittings

Journals of the Senate

66 Elizabeth II , A.D. 2017, Canada

1st Session, 42nd Parliament

Issue 136 (Revised)

Wednesday, June 21, 2017
11:30 a.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDeanDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosHubleyJoyalKennyLangLankinLovelace NicholasMacDonaldManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBernardBeyakBlack (Alberta)BoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDean*DowneDoyleDuffyDupuisDyckEatonEggletonEnvergaForestFraserFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosHubleyJoyalKennyLangLankinLovelace NicholasMacDonald*MaltaisManningMarshallMartinMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMoncionMunsonNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRinguetteRuncimanSaint-GermainSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWetstonWhiteWoo

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

Ordered, That Order No. 113 under GOVERNMENT BUSINESS - Motions and Orders No. 2 and 1 under GOVERNMENT BUSINESS - Bills - Third Reading be brought forward, in that order.

Orders of the Day

Government Business

Motions

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

That, notwithstanding the order adopted by the Senate on February 4, 2016, the Senate continue sitting on Wednesday, June 21, 2017, pursuant to the provisions of the Rules;

That committees of the Senate scheduled to meet on that day be authorized to sit after 4 p.m. even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto; and

That the provisions of rule 3-3(1) be suspended on that day.

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

Bills – Third Reading

Third reading of Bill C-54, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2018.

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

After debate,

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

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.

o o o

Third reading of Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017 and other measures, as amended.

The Honourable Senator Woo moved, seconded by the Honourable Senator Cools, that the bill, as amended, be read for a third time.

After debate,

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

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 certain amendments, to which it desires its concurrence.

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 Speaker of the Senate on his visit to Scotland and England, United Kingdom, from October 12 to 16, 2016.—Sessional Paper No. 1/42-1231S.

Presenting or Tabling Reports from Committees

The Honourable Senator Tkachuk, Chair of the Standing Senate Committee on Banking, Trade and Commerce, tabled the fifteenth report of the committee, entitled National Corridor: Enhancing and Facilitating Commerce and Internal Trade.—Sessional Paper No. 1/42-1232S.

With leave of the Senate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator MacDonald, that the report be placed on the Orders of the Day for consideration later this day.

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

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-36, An Act to amend the Statistics Act, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

Report of the Canadian Delegation of the Canadian NATO Parliamentary Association respecting its joint visit of the 92nd Rose-Roth Seminar, the Ukraine-NATO Interparliamentary Council, the Sub-Committee on NATO Partnerships and the Sub-Committee on Transatlantic Economic Relations, in Kyiv, Ukraine, from June 14 to 16, 2016.—Sessional Paper No. 1/42-1233.

Notices of Motions

With leave of the Senate,

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

That the Standing Senate Committee on Foreign Affairs and International Trade be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to its study on recent developments in Venezuela, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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

o o o

With leave of the Senate,

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

That, notwithstanding the order of the Senate adopted on Wednesday, January 27, 2016, the date for the final report of the Standing Senate Committee on Foreign Affairs and International Trade in relation to its study on such issues as may arise from time to time relating to foreign relations and international trade generally be extended from June 30, 2017 to June 30, 2018.

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

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Reports of Committees

Orders No. 1 to 5 were called and postponed until the next sitting.

Motions

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

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

o o o

Resuming debate on the motion of the Honourable Senator Griffin, seconded by the Honourable Senator Dean, for the third reading of Bill S-236, An Act to recognize Charlottetown as the birthplace of Confederation, as amended.

After debate,

The question being put on the motion, 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.

Commons Public Bills – Third Reading

The order was called for resuming debate on the motion of the Honourable Senator Stewart Olsen, seconded by the Honourable Senator Seidman, for the third reading of Bill C-233, An Act respecting a national strategy for Alzheimer’s disease and other dementias.

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.

Senate Public Bills – Second Reading

Orders No. 1 to 5 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1 to 3 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Andreychuk, seconded by the Honourable Senator Seidman, for the second reading of Bill C-337, An Act to amend the Judges Act and the Criminal Code (sexual assault).

After debate,

With leave of the Senate,

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

Reports of Committees – Other

Orders No. 1 and 5 to 8 were called and postponed until the next sitting.

o o o

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

That the sixth report of the Standing Senate Committee on Transport and Communications, entitled Pipelines for Oil: Protecting our Economy, Respecting our Environment, deposited with the Clerk of the Senate on December 7, 2016 be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Natural Resources being identified as minister responsible for responding to the report, in consultation with the Ministers of Transport and Fisheries, Oceans and the Canadian Coast Guard.

After debate,

With leave of the Senate,

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

o o o

Orders No. 12, 14 and 15, 17 and 18, 29 and 33 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Neufeld, for the adoption of the thirteenth report of the Standing Committee on Internal Economy, Budgets and Administration (Budget—pursuant to rule 12-7(1), consideration of financial and administrative matters—power to hire staff), presented in the Senate on May 16, 2017.

And on the motion in amendment of the Honourable Senator Fraser, seconded by the Honourable Senator Cools:

That the report be amended to provide that, in the Summary of Budget, under Professional and other services, the sum of $108,000 be deleted and replaced by $250,000.

After debate,

With leave of the Senate and pursuant to rule 5-10(1), the motion in amendment to the thirteenth report of the Standing Committee on Internal Economy, Budgets and Administration was withdrawn.

The Senate resumed debate on the motion of the Honourable Senator Housakos, seconded by the Honourable Senator Neufeld, for the adoption of the thirteenth report of the Standing Committee on Internal Economy, Budgets and Administration (Budget—pursuant to rule 12-7(1), consideration of financial and administrative matters—power to hire staff), presented in the Senate on May 16, 2017.

After debate,

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

o o o

Consideration of the thirteenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled A turning point in Canada-Argentina Relations?, tabled in the Senate on June 1, 2017.

After debate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Tkachuk, that further debate on the consideration of the report be adjourned until the next sitting.

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

o o o

Consideration of the fifteenth report of the Standing Senate Committee on Foreign Affairs and International Trade, entitled North American Neighbours: Canada and Mexico Cooperation in Uncertain Times, tabled in the Senate on June 14, 2017.

After debate,

The Honourable Senator Andreychuk moved, seconded by the Honourable Senator Patterson, that the report be adopted.

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

o o o

Consideration of the fifteenth report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Senate Administrative Rules (Caucuses), presented in the Senate on June 15, 2017.

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

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

o o o

Consideration of the sixteenth report (interim) of the Standing Committee on Internal Economy, Budgets and Administration, entitled Senate Administrative Rules (Caucuses), presented in the Senate on June 15, 2017.

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

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

o o o

Consideration of the fifteenth report of the Standing Senate Committee on Banking, Trade and Commerce, entitled National Corridor: Enhancing and Facilitating Commerce and Internal Trade, tabled in the Senate earlier this day.

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Runciman:

That the fifteenth report of the Standing Senate Committee on Banking, Trade and Commerce, tabled earlier this day, be adopted and that, pursuant to rule 12-24(1), the Senate request a complete and detailed response from the government, with the Minister of Innovation, Science and Economic Development being identified as minister responsible for responding to the report.

After debate,

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

Motions

Orders No. 31, 73, 89, 92, 139, 146, 158, 174 and 189 were called and postponed until the next sitting.

o o o

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

That a Special Committee on the Arctic be appointed to consider the significant and rapid changes to the Arctic, and impacts on original inhabitants;

That the committee be composed of ten members, to be nominated by the Committee of Selection, and that five members constitute a quorum;

That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That the committee be authorized to hire outside experts;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee be empowered to report from time to time and to submit its final report no later than December 10, 2018, and retain all powers necessary to publicize its findings until 60 days after the tabling of the final report.

After debate,

The Honourable Senator Plett moved, seconded by the Honourable Senator Martin, 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. 194 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 Mercer, seconded by the Honourable Senator Fraser:

That a Special Committee on the Charitable Sector be appointed to examine the impact of federal and provincial laws and policies governing charities, nonprofit organizations, foundations, and other similar groups; and to examine the impact of the voluntary sector in Canada;

That the committee be composed of eight members, to be nominated by the Committee of Selection, and that four members constitute a quorum;

That the committee have the power to send for persons, papers and records; to examine witnesses; and to publish such papers and evidence from day to day as may be ordered by the committee;

That, notwithstanding rule 12-18(2)(b)(i), the committee have the power to sit from Monday to Friday, even though the Senate may then be adjourned for a period exceeding one week; and

That the committee be empowered to report from time to time and to submit its final report no later than September 28, 2018, and retain all powers necessary to publicize its findings until 60 days after the tabling of the final report.

After debate,

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

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


With leave,

The Senate reverted to 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 Saudi Arabia and Oman, from January 15 to 20, 2017.—Sessional Paper No. 1/42-1234S.

Orders of the Day

Other Business

Motions

Orders No. 215 and 223 were called and postponed until the next sitting.

Inquiries

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

o o o

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

o o o

Orders No. 8, 11 to 14, and 18 and 19 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Tardif, calling the attention of the Senate to regional universities and the important role they play in Canada.

After debate,

The Honourable Senator Christmas moved, seconded by the Honourable Senator Gold, that further debate on the inquiry be adjourned until the next sitting.

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

o o o

Orders No. 23 and 24 were called and postponed until the next sitting.

o o o

Resuming debate on the inquiry of the Honourable Senator Maltais, calling the attention of the Senate to the softwood lumber crisis.

After debate,

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

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

o o o

Resuming debate on the inquiry of the Honourable Senator McPhedran, calling the attention of the Senate to the important opportunity we have to review our principles and procedures with a view to ensuring that the Senate has the strongest most effective policies and mechanisms possible to respond to complaints against senators of sexual or other kinds of harassment.

After debate,

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

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

MOTIONS

Order No. 232 was withdrawn pursuant to rule 5-10(2).

INQUIRIES

The Honourable Senator Bovey called the attention of the Senate to the crisis in Churchill, Manitoba.

After debate,

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

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


With leave of the Senate,

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

That the sitting be suspended to await the receipt of a message from the House of Commons, with the bells to ring for 15 minutes before the sitting resumes, either for the consideration of the message or for the deferred vote.

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

(Accordingly, at 4:17 p.m., the sitting was suspended.)

At 5:07 p.m., the sitting resumed.

MESSAGES FROM THE HOUSE OF COMMONS

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

Wednesday, June 21, 2017

ORDERED,— That a Message be sent to the Senate to acquaint their Honours that the House has disagreed with the amendments made by the Senate to Bill C-44, An Act to implement certain provisions of the budget tabled in Parliament on March 22, 2017, and other measures, because these amendments infringe upon rights and privileges of the House.

ATTEST

ANDRÉ GAGNON
au nom de / for MARC BOSC

The Acting Clerk of the House of Commons

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

That the message be considered now.

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

YEAS

The Honourable Senators

ForestMoncion—2

NAYS

The Honourable Senators

AndreychukAtaullahjanBakerBattersBellemareBeyakBlackBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCoolsCordyCormierDagenaisDawsonDayDoyleDuffyDyckEatonEggletonEnvergaFraserGagnéGoldGreeneGriffinHarderHartlingHousakosHubleyJoyalKennyLangLankinLovelace NicholasMacDonaldMarshallMartinMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMocklerMunsonNgoOgilvieOhOmidvarPatePattersonPetitclercPlettPoirierPratteRinguetteRuncimanSeidmanSinclairSmithStewart OlsenTannasTardifTkachukUngerVernerWallinWattWellsWhiteWoo—79

ABSTENTIONS

The Honourable Senators

DeanDupuisMarwahSaint-GermainWetston—5

DEFERRED VOTES

The Senate then proceeded to the taking of the deferred standing vote on the subamendment of the Honourable Senator MacDonald, to the motion in amendment of the Honourable Senator Beyak, to the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

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

YEAS

The Honourable Senators

AtaullahjanBattersBeyakDoyleEatonEnvergaHousakosMacDonaldMarshallMartinMocklerNgoOgilvieOhPlettPoirierRuncimanSmithTkachukUngerWells—21

NAYS

The Honourable Senators

BakerBellemareBernardBlack (Alberta)BonifaceBoveyBrazeauCampbellChristmasCoolsCordyCormierDawsonDayDeanDuffyDupuisDyckEggletonForestFraserGagnéGoldGreeneGriffinHarderHartlingHubleyJoyalKennyLangLankinLovelace NicholasMarwahMassicotteMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMoncionMunsonOmidvarPatePattersonPetitclercPratteRinguetteSaint-GermainSinclairTannasTardifVernerWallinWattWetstonWhiteWoo—60

ABSTENTIONS

The Honourable Senators

AndreychukBoisvenuCarignanDagenaisSeidmanStewart Olsen—6

MESSAGES FROM THE HOUSE OF COMMONS

The Honourable Senator Harder, P.C., moved, seconded by the Honourable Senator Bellemare, that the message relating to Bill C-44 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

Other Business

Commons Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

And on the motion in amendment of the Honourable Senator Beyak, seconded by the Honourable Senator Dagenais:

That Bill C-210 be not now read a third time, but that it be amended, on page 1, by adding the following after line 6:

“2 This Act comes into force on the later of July 1, 2017 and the day on which it receives royal assent.”.

The Honourable Senator Martin moved, seconded by the Honourable Senator Smith, that further debate on the motion in amendment be adjourned until the next sitting.

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

The Senate resumed debate on the motion of the Honourable Senator Lankin, P.C., seconded by the Honourable Senator Petitclerc, for the third reading of Bill C-210, An Act to amend the National Anthem Act (gender).

And on the motion in amendment of the Honourable Senator Beyak, seconded by the Honourable Senator Dagenais:

That Bill C-210 be not now read a third time, but that it be amended, on page 1, by adding the following after line 6:

“2 This Act comes into force on the later of July 1, 2017 and the day on which it receives royal assent.”.

After debate,

In amendment, the Honourable Senator Batters moved, seconded by the Honourable Senator Oh:

That the motion in amendment moved by the Honourable Senator Beyak be amended by replacing the words “the later of July 1, 2017 and the day on which it receives royal assent” by the words “October 1, 2017”.

The question was put on the subamendment.

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.

MESSAGES FROM THE HOUSE OF COMMONS

A message was brought from the House of Commons to return Bill S-3, An Act to amend the Indian Act (elimination of sex-based inequities in registration),

And to acquaint the Senate that the Commons has passed this bill with the following amendments, to which it desires the concurrence of the Senate.

The amendments were then read by the Honourable the Speaker, as follows:

1.Long title, page 1: Replace the long title with the following:

“An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)”

2.Clause 2, page 2: delete lines 5 to 16

3.Clause 11, page 9: Replace line 31 with the following:

ter of Rights and Freedoms, of the United Nations Declaration on the Rights of Indigenous Peoples and, if applicable, of”

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

o o o

A message was brought from the House of Commons with Bill C-25, An Act to amend the Canada Business Corporations Act, the Canada Cooperatives Act, the Canada Not-for-profit Corporations Act and the Competition Act, to which it desires the concurrence of the Senate.

The bill was read the first time.

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

o o o

A message was brought from the House of Commons with Bill C-311, An Act to amend the Holidays Act (Remembrance Day), to which it desires the concurrence of the Senate.

The bill was read the first time.

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


With leave,

The Senate reverted to Presenting or Tabling Reports from Committees.

The Honourable Senator Andreychuk, Chair of the Standing Committee on Ethics and Conflict of Interest for Senators, tabled the third report of the committee (Consideration of an Inquiry Report from the Senate Ethics Officer).—Sessional Paper No. 1/42-1235S.

o o o

The Honourable Senator Ogilvie presented the following:

Wednesday, June 21, 2017

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to present its

FIFTEENTH REPORT

Your committee, to which was referred Bill S-228, An Act to amend the Food and Drugs Act (prohibiting food and beverage marketing directed at children), has, in obedience to the order of reference of December 5, 2016, examined the said bill and now reports the same with the following amendments:

1. Preamble, pages 1 and 2:

(a)On page 1, replace lines 26 and 27 with the following:

“obese into adulthood;"; and

(b )on page 2:

(i) add after line 6 the following:

“Whereas leading health organizations, including the World Health Organization and its regional offices such as the Pan American Health Organization, have developed evidence-based nutrient profiling models that serve as a basis for classifying food as unhealthy according to their nutritional composition for reasons related to preventing disease and promoting health;”,

(ii) replace line 22 with the following:

“Whereas the Senate Committee recommended,”, and

(iii) add after line 27 the following:

“And whereas it is widely acknowledged that marketing to children has spread well beyond the traditional media of television, radio and print to include online and other digital content and celebrity and character endorsement, and it is therefore critical that restrictions on marketing of food and beverages to children cover all potential marketing media in a broad and robust fashion in order to provide fulsome protection to young Canadians;”.

2.Clause 2, page 3: Replace line 3 with the following:

children means persons who are under 17 years of age;”.

3.Clause 4, pages 3 to 5:

(a)On page 3, replace lines 10 to 29 with the following:

“Advertising Directed at Children

7.1 Subject to the regulations, no person shall advertise unhealthy food in a manner that is directed primarily at children.

7.2 (1) Despite the Trade-marks Act, the registration of a trade-mark shall not be held invalid on the basis of paragraph 18(1)(b) or (c) of that Act as a result of compliance with this Act or any regulations made under it for the purposes of section 7.1.

(2) For greater certainty, the absence of use of a trade-mark as a result of compliance with this Act or any regulations made under it for the purposes of section 7.1 constitutes special circumstances that excuse the absence of use for the purposes of the Trade-marks Act.”;

(b)on page 4, delete lines 1 to 28; and

(c)on page 5, delete lines 1 to 12.

4.Clause 5, page 5: Replace lines 15 to 37 with the following:

(e.1) for the purposes of section 7.1,

(i) defining unhealthy food or setting out the criteria for determining whether a food is unhealthy, and

(ii) setting out the factors to be considered in determining whether unhealthy food is advertised in a manner that is primarily directed at children, including how, when and where an advertisement is communicated;”.

5.Clause 6, page 6: Replace line 1 with the following:

6 This Act comes into force on the second anniversary of the”.

Respectfully submitted,

KELVIN KENNETH OGILVIE

Chair

The Honourable Senator Ogilvie moved, seconded by the Honourable Senator Stewart Olsen, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, presented the committee’s twentieth report (Bill C-305, An Act to amend the Criminal Code (mischief), without amendment).

The Honourable Senator Gold moved, seconded by the Honourable Senator Bernard, 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 Runciman, Chair of the Standing Senate Committee on Legal and Constitutional Affairs, tabled the twenty-first report of the committee, entitled Document entitled Proposals to correct certain anomalies, inconsistencies and errors and to deal with other matters of a non-controversial and uncomplicated nature in the Statutes of Canada and to repeal certain Acts and provisions that have expired, lapsed or otherwise ceased to have effect.—Sessional Paper No. 1/42-1236S.


With leave,

The Senate reverted to Notices of Motions.

With leave of the Senate,

The Honourable Senator Tkachuk moved, seconded by the Honourable Senator Runciman:

That the Standing Senate Committee on Banking, Trade and Commerce be permitted, notwithstanding usual practices, to deposit with the Clerk of the Senate a report relating to the current and emerging issues of the banking sector and monetary policy of the United States, if the Senate is not then sitting, and that the report be deemed to have been tabled in the Chamber.

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


Ordered, That when the Senate adjourns today, it do stand adjourned until Thursday, June 22, 2017 at 10:30 a.m.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 6:48 p.m., the Senate was continued until tomorrow at 10:30 a.m.)

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 Fisheries and Oceans

The Honourable Senator Hartling replaced the Honourable Senator Griffin (June 21, 2017).

The Honourable Senator Enverga replaced the Honourable Senator Doyle (June 21, 2017).

The Honourable Senator Raine replaced the Honourable Senator Housakos (June 21, 2017).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Gold replaced the Honourable Senator Pratte (June 21, 2017).

Standing Senate Committee on National Finance

The Honourable Senator Campbell was removed from the membership of the committee, substitution pending (June 21, 2017).

The Honourable Senator Neufeld replaced the Honourable Senator Tkachuk (June 21, 2017).

Standing Senate Committee on Official Languages

The Honourable Senator Maltais replaced the Honourable Senator Boisvenu (June 21, 2017).

The Honourable Senator Boisvenu replaced the Honourable Senator Maltais (June 21, 2017).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Patterson replaced the Honourable Senator Raine (June 21, 2017).

Back to top