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Journals of the Senate

68 Elizabeth II , A.D. 2019, Canada

1st Session, 42nd Parliament

Issue 273 (Revised)

Thursday, March 21, 2019
1:30 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBeyakBlackBlack (Alberta)BoehmBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFureyGagnéGalvezGoldGriffinHarderHartlingHousakosJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukWallinWellsWetstonWhiteWoo

The Members in attendance to business were:

The Honourable Senators

AndersonAndreychukAtaullahjanBattersBellemareBernardBeyakBlackBlack (Alberta)BoehmBoisvenuBonifaceBoveyBrazeauCampbellCarignanChristmasCormierCoyleDagenaisDalphondDaskoDawson*DayDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDoyleDuffyDuncanDupuisDyckEatonForestForest-NiesingFrancisFureyGagnéGalvezGoldGriffinHarderHartlingHousakosJafferJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMacDonaldMaltaisManningMarshallMartinMarwahMassicotteMcCallumMcCoyMcInnisMcIntyreMcPhedranMégieMercerMitchellMiville-DechêneMocklerMoncionMoodieMunsonNeufeldNgoOhOmidvarPatePattersonPetitclercPlettPoirierPratteRavaliaRichardsRinguetteSaint-GermainSeidmanSimonsSinclairSmithStewart OlsenTannasTkachukWallinWellsWetstonWhiteWoo

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

Presenting or Tabling Reports from Committees

The Honourable Senator Marwah presented the following:

Thursday, March 21, 2019

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

THIRTY-FIFTH REPORT

Your committee, which is authorized by the Rules of the Senate to consider financial and administrative matters, recommends that Philippe Hallée be appointed Law Clerk and Parliamentary Counsel of the Senate.

Respectfully submitted,

SABI MARWAH

Chair

With leave,

The Senate proceeded to the consideration of the report.

The Honourable Senator Marwah moved, seconded by the Honourable Senator Wetston, that the report be adopted.

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

o o o

The Honourable Senator Marwah, Chair of the Standing Committee on Internal Economy, Budgets and Administration, presented the thirty-sixth report of the committee, entitled Committee budgets – legislation.

(The report is printed as an appendix at pages 4445-4461 (available in print format PDF).)

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

With leave,

The Senate proceeded to the consideration of the report.

The Honourable Senator Marwah moved, seconded by the Honourable Senator Wetston, that the report be adopted.

After debate,

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

o o o

The Honourable Senator Marwah, Chair of the Standing Committee on Internal Economy, Budgets and Administration, tabled the thirty-seventh report of the committee, entitled Modernizing the Senate’s Anti-Harassment Policy: Together let’s protect our healthy worklife.—Sessional Paper No. 1/42-2817S.

o o o

The Honourable Senator Marwah presented the following:

Thursday, March 21, 2019

The Standing Committee on Internal Economy, Budgets and Administration has the honour to present its

THIRTY-EIGHTH REPORT

On December 6, 2018, the Senate authorized your committee to recommend “a process by which the Senate could submit to the Governor in Council its recommendation on the nomination of a person or list of persons with the skills and capacities required for the position of Clerk of the Senate and Clerk of the Parliaments”.

Your committee notes that the Clerk of the Senate and Clerk of the Parliaments is appointed by the Governor in Council under the provisions of the Public Service Employment Act.

Your committee recommends as follows:

1.That the search process for the Clerk of the Senate and Clerk of Parliaments be led by the Subcommittee on Agenda and Proceeding (Steering Committee) of the Standing Committee of Internal Economy Budget and Administration in collaboration with the Speaker of the Senate;

2.That the Steering Committee and the Speaker be supported by an executive search firm throughout the process leading to the interview of a short list of candidates; and

3.That recommendation of one (or a list of) candidate(s) be made by the Steering Committee and the Speaker to the Governor-in-Council for the official appointment to take place.

Respectfully submitted,

SABI MARWAH

Chair

The Honourable Senator Marwah moved, seconded by the Honourable Senator Wetston, 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.

Introduction and First Reading of Government Bills

A message was brought from the House of Commons with Bill C-95, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019, to which it desires the concurrence of the Senate.

The bill was read the first time.

Ordered, That the bill be placed on the Orders of the Day for a second reading later this day.

Introduction and First Reading of Senate Public Bills

The Honourable Senator Omidvar introduced Bill S-259, An Act respecting the repurposing of certain seized, frozen or sequestrated assets.

The bill was read the first time.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Bovey, 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 MacDonald tabled the following:

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 73rd annual meeting of the Council of State Governments’ Midwestern Legislative Conference, held in Winnipeg, Manitoba, from July 15 to 18, 2018.—Sessional Paper No. 1/42-2818.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the summer meeting of the National Governors Association, held in Santa Fe, New Mexico, United States of America, from July 19 to 21, 2018.—Sessional Paper No. 1/42-2819.

Report of the Canadian Delegation of the Canada-United States Inter-Parliamentary Group respecting its participation at the 42nd annual conference of the New England Governors and Eastern Canadian Premiers, held in Stowe, Vermont, United States of America, from August 12 to 14, 2018.—Sessional Paper No. 1/42-2820.

o o o

The Honourable Senator Mercer tabled the following:

Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its bilateral visit to Islamabad, Pakistan, from March 31 to April 8, 2018.—Sessional Paper No. 1/42-2821.

Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its bilateral visit to Cape Town, South Africa, and Nairobi, Kenya, from August 31 to September 8, 2018.—Sessional Paper No. 1/42-2822.

Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the 2018 Westminster Seminar on Effective Parliaments held in London, United Kingdom, from November 26 to 30, 2018.—Sessional Paper No. 1/42-2823.

Report of the Canadian Branch of the Commonwealth Parliamentary Association respecting its participation at the Expert Committee Meeting on Status (EXCO), held in London, United Kingdom, from June 8 to 11, 2018.—Sessional Paper No. 1/42-2824.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Second Reading

Resuming debate on the motion of the Honourable Senator Munson, seconded by the Honourable Senator Dyck, for the second reading of Bill C-81, An Act to ensure a barrier-free Canada.

After debate,

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

The bill was then read the second time.

The Honourable Senator Munson moved, seconded by the Honourable Senator Dyck, 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.

Reports of Committees – Other

Consideration of the thirty-eighth report of the Standing Senate Committee on National Finance, entitled Final Report on the Supplementary Estimates (B), 2018-19, tabled in the Senate on March 20, 2019.

The Honourable Senator Mockler moved, seconded by the Honourable Senator MacDonald, that the report be adopted.

After debate,

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

o o o

Consideration of the thirty-ninth report of the Standing Senate Committee on National Finance, entitled Final Report on the 2019-20 Interim Estimates, tabled in the Senate on March 20, 2019.

The Honourable Senator Mockler moved, seconded by the Honourable Senator Tkachuk, that the report be adopted.

After debate,

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

Bills – Second Reading

Second reading of Bill C-95, An Act for granting to Her Majesty certain sums of money for the federal public administration for the fiscal year ending March 31, 2019.

The Honourable Senator Bellemare moved, seconded by the Honourable Senator Jaffer, that the bill be read the second time.

After debate,

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

YEAS

The Honourable Senators

AndersonBellemareBernardBlack (Ontario)BoehmBonifaceBoveyBrazeauCampbellCormierCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDyckForest-NiesingFrancisGagnéGalvezGoldGriffinHarderHartlingJoyalKlyneKutcherLaBoucane-BensonLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieMunsonOmidvarPatePetitclercPratteRinguetteSimonsSinclairWallinWetston—53

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakBoisvenuDoyleEatonHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPlettPoirierRichardsSmithStewart OlsenTannasTkachukWellsWhite—26

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-95 was read a second time.

With leave of the Senate,

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

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

YEAS

The Honourable Senators

AndersonBellemareBlack (Ontario)BoehmBonifaceBoveyBrazeauCampbellCormierCoyleDalphondDaskoDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuffyDuncanDyckForest-NiesingFrancisGagnéGalvezGoldGriffinHarderJoyalKlyneKutcherLankinLovelace NicholasMarwahMassicotteMcCallumMcPhedranMégieMitchellMiville-DechêneMoncionMoodieOmidvarPatePetitclercPratteRinguetteSimonsSinclairWallinWetston—49

NAYS

The Honourable Senators

AndreychukAtaullahjanBattersBeyakDoyleEatonHousakosMacDonaldManningMarshallMartinMcInnisMcIntyreMocklerNgoOhPlettPoirierRichardsSmithStewart OlsenTannasTkachukWellsWhite—25

ABSTENTIONS

The Honourable Senators

Nil

Accordingly, Bill C-95 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.

o o o

Resuming debate on the motion of the Honourable Senator Sinclair, seconded by the Honourable Senator Campbell, for the second reading of Bill C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act and other Acts and to make consequential amendments to other Acts.

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

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

o o o

Resuming debate on the motion of the Honourable Senator Dalphond, seconded by the Honourable Senator Coyle, for the 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.

After debate,

The Honourable Senator Martin moved, seconded by the Honourable Senator Mockler, 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. 5 and 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 22 to 28 were called and postponed until the next sitting.


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

The sitting resumed.

Motions

Orders No. 1, 246 and 251 were called and postponed until the next sitting.

o o o

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

That, in order to allow the Senate to receive a Minister of the Crown during Question Period as authorized by the Senate on December 10, 2015, and notwithstanding rule 4-7, when the Senate sits on Tuesday, April 2, 2019, Question Period shall begin at 3:30 p.m., with any proceedings then before the Senate being interrupted until the end of Question Period, which shall last a maximum of 40 minutes;

That, if a standing vote would conflict with the holding of Question Period at 3:30 p.m. on that day, the vote be postponed until immediately after the conclusion of Question Period;

That, if the bells are ringing for a vote at 3:30 p.m. on that day, they be interrupted for Question Period at that time, and resume thereafter for the balance of any time remaining; and

That, if the Senate concludes its business before 3:30 p.m. on that day, the sitting be suspended until that time for the purpose of holding Question Period.

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

o o o

Order No. 258 was called and postponed until the next sitting.

Inquiries

With leave of the Senate and pursuant to rule 5-10(1), order No. 3 was withdrawn.


Ordered, That the Senate proceed to the Notice Paper.

MOTIONS

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

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet at 5 p.m. on Tuesday, April 2, 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.

o o o

The Honourable Senator Manning moved, seconded by the Honourable Senator Black (Ontario):

That the Standing Senate Committee on Fisheries and Oceans have the power to meet on Tuesday, April 2, 2019, at 5 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

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

That the Standing Senate Committee on Energy, the Environment and Natural Resources have the power to meet, in order to continue its study of Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, on Monday, April 1, 2019, Monday, April 29, 2019, and Monday, May 6, 2019, at 6:30 p.m.:

(a) even though the Senate may then be sitting, and that rule 12-18(1) be suspended in relation thereto; and

(b) even though the Senate may then be adjourned for more than one week, pursuant to rule 12-18(2)(b)(i).

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

o o o

The Honourable Senator Dyck moved, seconded by the Honourable Senator Lovelace Nicholas:

That the Standing Senate Committee on Aboriginal Peoples have the power to meet on Thursday, April 4, 2019, from 1:00 p.m. to 4:00 p.m., for the purposes of its study on the subject matter of Bill C-91, An Act respecting Indigenous languages, 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.


With leave of the Senate,

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

That, at the start of the sitting of Friday, March 22, 2019, the Senate deal with any message from the House of Commons concerning an appropriation bill;

That, if such a message has not been received at the start of the sitting, the sitting be suspended to await the receipt of such a message or information provided by the Government Representative about such a message, with the bells to ring for five minutes before the sitting resumes;

That, after the Senate has dealt with the message and any business flowing from it, the sitting be suspended to await the receipt of a message from the Crown concerning Royal Assent, with the bells to ring for five minutes before the sitting resumes;

That, except as provided in the next paragraph, after the receipt of a message from the Crown concerning Royal Assent, the Senate adjourn to the next sitting day, as provided for either pursuant to order made under the next paragraph or the provisions of the Rules, as the case may be;

That at any point during the sitting the Government Representative be authorized to move, without notice, a motion concerning the next day for the sitting of the Senate;

That, if at any point during the sitting the Government Representative advises the Senate that a message from the House of Commons concerning an appropriation bill is not expected or that a message from the Crown concerning Royal Assent is not expected, the Senate adjourn to the next sitting day, as provided for either pursuant to order made under the previous paragraph or the provisions of the Rules, as the case may be; and

That, for greater certainty, any other business for Friday, March 22, 2019, be deferred to the next sitting of the Senate, except as provided for in this order.

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


Ordered : That Order No. 454, under ORDERS OF THE DAY, OTHER BUSINESS, Motions, be called.

Resuming debate on the motion of the Honourable Senator Griffin, seconded by the Honourable Senator Pate:

That the Standing Senate Committee on Agriculture and Forestry have the power to meet on Tuesday, April 2, 2019, at 6:00 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.

ADJOURNMENT

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

That the Senate do now adjourn.

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

(Accordingly, at 8:09 p.m., the Senate was continued until tomorrow at 9 a.m.)


Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Banking, Trade and Commerce

The Honourable Senator Ringuette replaced the Honourable Senator Duncan (March 21, 2019).

The Honourable Senator Verner, P.C., replaced the Honourable Senator Duffy (March 21, 2019).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Seidman replaced the Honourable Senator McInnis (March 21, 2019).

The Honourable Senator Carignan, P.C., replaced the Honourable Senator Ngo (March 21, 2019).

The Honourable Senator Ngo replaced the Honourable Senator Manning (March 21, 2019).

The Honourable Senator Manning replaced the Honourable Senator Carignan, P.C. (March 21, 2019).

The Honourable Senator McInnis replaced the Honourable Senator Seidman (March 21, 2019).

The Honourable Senator Patterson replaced the Honourable Senator Smith (March 21, 2019).

The Honourable Senator Smith replaced the Honourable Senator Patterson (March 20, 2019).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Plett replaced the Honourable Senator Patterson (March 21, 2019).

The Honourable Senator Patterson replaced the Honourable Senator Plett (March 20, 2019).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Boehm replaced the Honourable Senator Sinclair (March 21, 2019).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Greene (March 21, 2019).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Housakos replaced the Honourable Senator Carignan, P.C. (March 20, 2019).

Standing Senate Committee on National Finance

The Honourable Senator Boehm replaced the Honourable Senator Deacon (Nova Scotia) (March 21, 2019).

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