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Journals of the Senate

68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 267 (Revised)

Tuesday, February 26, 2019
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukBattersBellemareBernardBeyakBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukBattersBellemareBernardBeyakBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCampbellCarignanChristmasCordyCormierCoyleDagenaisDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDyckEatonForestForest-NiesingFrancisFrumFureyGagnéGalvezGoldGreeneGriffinHarderHartlingHousakosJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNgoOhOmidvarPatePattersonPetitclercPlettPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukVernerWallinWellsWetstonWhiteWoo

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

Tributes

Tribute was paid to the memory of the Honourable Pierre De Bané, P.C., former senator, whose death occurred on January 9, 2019.

The Senate observed a minute of silence in memory of the Honourable Pierre De Bané, P.C.

ROUTINE PROCEEDINGS

Presenting or Tabling Reports from Committees

The Honourable Senator Cormier, Chair of the Standing Senate Committee on Official Languages, tabled the eleventh report (interim) of the committee, entitled Modernizing the Official Languages Act: the Views of Stakeholders Who Have Witnessed the Evolution of the Act.—Sessional Paper No. 1/42-2781S.

o o o

The Honourable Senator Moncion, for the Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented the thirty-third report of the committee, entitled Senate Budget for 2019-20.

(The report is printed as an appendix at pages 4354-4360 (available in print format PDF).)

(The HTML version of the report is available on the committee website.)

The Honourable Senator Moncion moved, seconded by the Honourable Senator Coyle, 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.

Notices of Motions

With leave of the Senate,

The Honourable Senator Gold moved, seconded by the Honourable Senator Sinclair:

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, February 26, 2019, at 6 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

With leave of the Senate,

The Honourable Senator Griffin moved, seconded by the Honourable Senator Christmas:

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, February 26, 2019, at 6:30 p.m., even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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

o o o

With leave of the Senate,

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

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 6 p.m. on Tuesday, February 26, 2019, even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto.

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 – Second Reading

Second reading of Bill C-78, An Act to amend the Divorce Act, the Family Orders and Agreements Enforcement Assistance Act and the Garnishment, Attachment and Pension Diversion Act and to make consequential amendments to another Act.

The Honourable Senator Dalphond moved, seconded by the Honourable Senator Coyle, that the bill be read the second time.

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.

o o o

Second reading of Bill C-85, An Act to amend the Canada-Israel Free Trade Agreement Implementation Act and to make related amendments to other Acts.

The Honourable Senator Wetston moved, seconded by the Honourable Senator Bovey, that the bill be read the second time.

After debate,

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

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

Bills – Messages from the House of Commons

Resuming debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Mitchell:

That the Senate do not insist on its amendment 2 to Bill C-57, An Act to amend the Federal Sustainable Development Act, to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

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 negatived on the following vote:

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettRichardsSeidmanSmithStewart OlsenTannasTkachukWellsWhite—30

NAYS

The Honourable Senators

AndersonBellemareBernardBoehmBoveyBoyerBrazeauBussonCampbellChristmasCordyCormierCoyleDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDyckForestFrancisGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMassicotteMcCallumMcCoyMcPhedranMégieMercerMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWallinWetstonWoo—63

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Mitchell:

That the Senate do not insist on its amendment 2 to Bill C-57, An Act to amend the Federal Sustainable Development Act, to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

The Honourable Senator Housakos moved, seconded by the Honourable Senator Martin:

That the motion, together with the message from the House of Commons on the same subject dated January 29, 2019, be referred to the Standing Senate Committee on Energy, the Environment and Natural Resources for consideration and report.

After debate,

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

YEAS

The Honourable Senators

AndreychukBattersBeyakBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettRichardsSeidmanSmithStewart OlsenTannasTkachukWellsWhite—30

NAYS

The Honourable Senators

AndersonBellemareBernardBoehmBonifaceBoveyBoyerBrazeauBussonCampbellChristmasCordyCormierCoyleDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDyckForestForest-NiesingFrancisGagnéGalvezGoldGreeneGriffinHarderHartlingJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMassicotteMcCallumMcCoyMcPhedranMégieMercerMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWallinWetstonWoo—65

ABSTENTIONS

The Honourable Senators

Nil

DEFERRED VOTES

Pursuant to rule 9-10, the Senate proceeded to the taking of the deferred standing vote on the motion in amendment of the Honourable Senator Plett, seconded by the Honorable Senator Wells, to Government Motion No. 247 of the the Honourable Senator Bellemare, seconded by the Honourable Senator Harder, P.C.

The question being put on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Wells:

That the motion be not now adopted, but that it be amended in the second paragraph:

1.by replacing the words “Tuesday, February 26” by the words “Thursday, February 28”; and

2.by replacing the time “3:30 p.m.” everywhere it appears in the motion by “5 p.m.”.

The motion in amendment was negatived on the following vote:

YEAS

The Honourable Senators

AndreychukBattersBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettSeidmanSmithStewart OlsenTannasTkachukWellsWhite—28

NAYS

The Honourable Senators

AndersonBellemareBoehmBonifaceBoveyBoyerBrazeauBussonCampbellChristmasCordyCormierCoyleDalphondDaskoDawsonDayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDyckForestForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMassicotteMcCallumMcCoyMcPhedranMégieMercerMitchellMiville-DechêneMoodieMunsonOmidvarPatePetitclercPratteRavaliaRichardsRinguetteSaint-GermainSimonsSinclairWetstonWoo—62

ABSTENTIONS

The Honourable Senators

BernardBeyakGreeneWallin—4


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

The sitting resumed.

Bills – Messages from the House of Commons

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Mitchell:

That the Senate do not insist on its amendment 2 to Bill C-57, An Act to amend the Federal Sustainable Development Act, to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

The Honourable Senator Batters moved, seconded by the Honourable Senator Plett, 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

BattersBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettRichardsSeidmanSmithStewart OlsenTannasTkachukWellsWhite—28

NAYS

The Honourable Senators

AndersonBellemareBernardBoehmBonifaceBoveyBussonChristmasCordyCoyleDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDuffyDuncanDyckForestForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingKlyneKutcherLaBoucane-BensonLankinMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWallinWoo—51

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Mitchell:

That the Senate do not insist on its amendment 2 to Bill C-57, An Act to amend the Federal Sustainable Development Act, to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

The Honourable Senator Smith moved, seconded by the Honourable Senator Martin:

That the motion, together with the message from the House of Commons on the same subject dated January 29, 2019, be referred to the Standing Senate Committee on National Finance for consideration and report.

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

YEAS

The Honourable Senators

BattersBoisvenuCarignanDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPattersonPlettSeidmanSmithStewart OlsenTannasTkachukWells—26

NAYS

The Honourable Senators

AndersonBellemareBernardBonifaceBoveyBussonCordyCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuffyDuncanDyckForestForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingKlyneKutcherLaBoucane-BensonLankinMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWallinWetstonWoo—48

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Mitchell:

That the Senate do not insist on its amendment 2 to Bill C-57, An Act to amend the Federal Sustainable Development Act, to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

The Honourable Senator Dagenais moved, seconded by the Honourable Senator Oh, 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

BattersBoisvenuDagenaisDoyleEatonFrumHousakosMacDonaldMaltaisManningMarshallMartinMocklerNgoOhPattersonPlettSeidmanSmithStewart OlsenTannasTkachukWells—23

NAYS

The Honourable Senators

AndersonBellemareBernardBonifaceBoveyBussonChristmasCordyCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDuncanDyckForestForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingKlyneKutcherLaBoucane-BensonLankinMarwahMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercPratteRavaliaRinguetteSaint-GermainSimonsSinclairWallinWetstonWoo—49

ABSTENTIONS

The Honourable Senators

Nil

The Senate resumed debate on the motion of the Honourable Senator Harder, P.C., seconded by the Honourable Senator Mitchell:

That the Senate do not insist on its amendment 2 to Bill C-57, An Act to amend the Federal Sustainable Development Act, to which the House of Commons has disagreed; and

That a message be sent to the House of Commons to acquaint that house accordingly.

The Honourable Senator Frum moved, seconded by the Honourable Senator Housakos:

That the Senate do now adjourn.

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

YEAS

The Honourable Senators

BussonCoyleDagenaisDalphondDeacon (Nova Scotia)Forest-NiesingMartinMarwahMcPhedranMoncionOhPlettPratteSimonsSmithWellsWoo—17

NAYS

The Honourable Senators

BellemareGoldHarderKlyneMitchellOmidvarSaint-Germain—7

ABSTENTIONS

The Honourable Senators

ForestLankinPetitclerc—3

(Accordingly, at 12:11 a.m., the Speaker declared the Senate adjourned until later this day at 2 p.m.)

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

Government response, dated February 22, 2019, to the thirty-second report of the Standing Senate Committee on National Finance, entitled The Phoenix Pay Problem: Working Toward a Solution, deposited with the Clerk of the Senate on June 27, 2018.—Sessional Paper No. 1/42-2773S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on National Finance.)

Government response, dated February 22, 2019, to the twenty-seventh report of the Standing Senate Committtee on Social Affairs, Science and Technology, entitled The Shame is Ours: Forced Adoptions of the Babies of Unmarried Mothers in Post-war Canada, deposited with the Clerk of the Senate on July 19, 2018.—Sessional Paper No. 1/42-2774S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Social Affairs, Science and Technology.)

Government response, dated February 25, 2019, to the twenty-fourth report of the Standing Senate Committee on Social Affairs, Science and Technology, entitled The Federal Role in Social Finance Fund, tabled in the Senate on May 9, 2018.—Sessional Paper No. 1/42-2775S.

(Pursuant to rule 12-24(4), the report and the response were deemed referred to the Standing Senate Committee on Social Affairs, Science and Technology.)

Report on the administration and operation of the Canada Health Act for the fiscal year ended March 31, 2018, pursuant to the Act, R.S.C. 1985, c. C-6, s. 23.—Sessional Paper No. 1/42-2776.

List of Commissions issued for the year 2018, pursuant to the Public Officers Act, R.S.C. 1985, c. P-31, s. 4.—Sessional Paper No. 1/42-2777.

Report on the Annual Summary of Steel Import Data for the year 2018, pursuant to the Export and Import Permits Act, R.S.C. 1985, c. E-19, sbs. 5.1(3).—Sessional Paper No. 1/42-2778.

Summary of the Corporate Plan for 2018-22 and of the Operating and Capital Budgets for 2018 of VIA Rail Canada Inc., pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 125(4).—Sessional Paper No. 1/42-2779.

Proposed Regulations Amending the Immigration and Refugee Protection Regulations, pursuant to the Immigration and Refugee Protection Act, S.C. 2001, c. 27, sbs. 5(2).—Sessional Paper No. 1/42-2780.


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Duffy replaced the Honourable Senator Black (Ontario) (February 26, 2019).

The Honourable Senator Kutcher was added to the membership (February 25, 2019).

The Honourable Senator Moodie was added to the membership (February 25, 2019).

The Honourable Senator Gagné was removed from the membership of the committee, substitution pending (February 25, 2019).

The Honourable Senator Black (Alberta) was removed from the membership of the committee, substitution pending (February 25, 2019).

Special Committee on the Arctic

The Honourable Senator Anderson replaced the Honourable Senator Boyer (February 26, 2019).

The Honourable Senator Stewart Olsen replaced the Honourable Senator Neufeld (February 25, 2019).

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Ringuette replaced the Honourable Senator Campbell (February 22, 2019).

The Honourable Senator Deacon (Nova Scotia) replaced the Honourable Senator Griffin (February 22, 2019).

Special Senate Committee on the Charitable Sector

The Honourable Senator Black (Ontario) replaced the Honourable Senator LaBoucane-Benson (February 26, 2019).

The Honourable Senator Duffy replaced the Honourable Senator Duncan (February 26, 2019).

The Honourable Senator LaBoucane-Benson replaced the Honourable Senator Black (Ontario) (February 25, 2019).

The Honourable Senator Duncan replaced the Honourable Senator Duffy (February 25, 2019).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Frum replaced the Honourable Senator Patterson (February 26, 2019).

The Honourable Senator Tkachuk replaced the Honourable Senator Neufeld (February 25, 2019).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Patterson replaced the Honourable Senator Plett (February 26, 2019).

Standing Senate Committee on Human Rights

The Honourable Senator Wells was added to the membership (February 25, 2019).

The Honourable Senator Plett was removed from the membership of the committee, substitution pending (February 25, 2019).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Dupuis replaced the Honourable Senator Miville-Dechêne (February 22, 2019).

The Honourable Senator Boniface replaced the Honourable Senator Pate (February 22, 2019).

Standing Senate Committee on National Finance

The Honourable Senator Manning replaced the Honourable Senator Neufeld (February 26, 2019).

Standing Senate Committee on National Security and Defence

The Honourable Senator Gold replaced the Honourable Senator Kutcher (February 26, 2019).

Standing Senate Committee on Transport and Communications

The Honourable Senator Simons replaced the Honourable Senator Bovey (February 26, 2019).

The Honourable Senator Patterson replaced the Honourable Senator Plett (February 26, 2019).

The Honourable Senator Oh replaced the Honourable Senator Andreychuk (February 26, 2019).

The Honourable Senator Andreychuk replaced the Honourable Senator Smith (February 26, 2019).

The Honourable Senator Smith replaced the Honourable Senator MacDonald (February 26, 2019).

The Honourable Senator Anderson replaced the Honourable Senator Galvez (February 26, 2019).

The Honourable Senator Bovey replaced the Honourable Senator Simons (February 25, 2019).

The Honourable Senator Manning replaced the Honourable Senator Neufeld (February 25, 2019).

The Honourable Senator Plett replaced the Honourable Senator Wells (February 25, 2019).

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