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Journals of the Senate

71 Elizabeth II , A.D. 2022, Canada

1st Session, 44th Parliament

Issue 38 (Unrevised)

Tuesday, May 3, 2022
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonArnotAtaullahjanBattersBellemareBlackBoehmBoisvenuBonifaceBoveyBrazeauBussonCampbellCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneHarderHousakosKlyneKutcherLankinLoffredaMacDonaldManningMarshallMarwahMassicotteMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettQuinnRavaliaRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasWallinWellsWetstonWhiteWooYussuff

The Members in attendance to business were:

The Honourable Senators

AndersonArnotAtaullahjanBattersBellemareBlackBoehmBoisvenuBonifaceBoveyBrazeauBussonCampbellCarignanClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanForestFrancisFureyGagnéGalvezGerbaGignacGoldGreeneHarderHousakosKlyneKutcherLankinLoffredaMacDonaldManningMarshallMarwahMassicotteMcPhedranMégieMiville-DechêneMocklerMoncionMoodieOhOmidvarPatePattersonPetitclercPlettQuinnRavaliaRinguetteSaint-GermainSeidmanSimonsSmithSorensenTannasWallinWellsWetstonWhiteWooYussuff

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 Omidvar presented the following:

Tuesday, May 3, 2022

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

SIXTH REPORT

Your committee, to which was referred Bill S-203, An Act respecting a federal framework on autism spectrum disorder, has, in obedience to the order of reference of December 8, 2021, examined the said bill and now reports the same with the following amendments:

1.Preamble, page 1:

(a) Replace line 14 with the following:

“Whereas autistic Canadians, their families and”;

(b) add the following after line 20:

“And whereas the development of that federal framework would benefit from the involvement of autistic Canadians, their families and their caregivers;”.

2.Clause 2, page 2:

(a)Add the following after line 3:

(0.a) timely and equitable access to screening and diagnosis for autism spectrum disorder;”;

(b)replace lines 11 to 16 with the following:

(d) national campaigns to enhance public knowledge, understanding and acceptance of autism spectrum disorder while accounting for intersectionality, in order to foster inclusivity;

(e) sustained, accessible and culturally relevant resources, available online and elsewhere, on best available evidence-based information to support autistic persons, their families and caregivers, including information on effective treatments and ineffective or harmful treatments;”;

(c)replace line 18 with the following:

“federal funds for autistic persons and their families; and

(g) anything else that the Minister considers appropriate in relation to autism spectrum disorder.”;

(d)replace lines 27 to 29 with the following:

(c) relevant stakeholders, including self-advocates, persons with lived experience — including caregivers and support persons — service providers, and representatives from the medical and research communities and from organizations that focus on autism spectrum disorder in Indigenous communities; and

(d) anyone else that the Minister considers appropriate.”.

Your committee has also made certain observations, which are appended to this report.

Respectfully submitted,

RATNA OMIDVAR

Chair

Observations to the sixth report of the Standing Senate Committee on Social Affairs, Science and Technology (Bill S-203)

Observation 1

Witnesses pointed out the lack of consultations with autistic persons themselves, in Bill S-203 in particular and more generally. This could be remedied in the development process for the federal framework on autism spectrum disorder, as well as in all other ongoing initiatives.

Your committee believes that the community of autistic persons in Canada, in all its diversity, should always be party to any discussions that directly concern it.

Observation 2

Your committee notes that the Canadian Academy of Health Sciences Assessment on Autism, commissioned for the development of a national autism strategy, will be released soon and, therefore, recommends that further study of this bill and framework development take that report into account.

Observation 3

Your committee heard from multiple witnesses about the importance of language, both in Bill S-203, and in a future federal framework. In particular, witnesses, including autistic self-advocates, emphasized the importance of shifting from a deficit model of autism to using strengths-based language, as well as discussing the use of “Autism Spectrum Disorder” as opposed to “autism.” Your committee therefore suggests that as this bill and the proposed framework evolve, consideration continue to be given to evolving language and vocabulary.

Observation 4

Your committee notes that the use of the term “autistic Canadians” in the preamble of Bill S-203, while intentioned to be inclusive of all individuals diagnosed with autism, nonetheless excludes autistic individuals residing in Canada that do not meet the definition of Canadian citizen, such as refugees, permanent residents, and others without citizenship status. Therefore, your committee calls on the government to be cognizant and reactive to this reality in the development of this framework.

The Honourable Senator Omidvar moved, seconded by the Honourable Senator Cotter, 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.

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 Boniface, seconded by the Honourable Senator Gold, P.C., for the second reading of Bill S-7, An Act to amend the Customs Act and the Preclearance Act, 2016.

After debate,

The Honourable Senator Housakos 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 adopted.

MESSAGES FROM THE HOUSE OF COMMONS

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

Monday, May 2, 2022

EXTRACT, —

That, notwithstanding any standing order, special order or usual practice of the House,

(a)on the day of the adoption of this order, the ordinary hour of daily adjournment shall be 12:00 a.m., that until Thursday, June 23, 2022, a minister of the Crown may, with the agreement of the House leader of another recognized party, rise from his or her seat at any time during a sitting, but no later than 6:30 p.m., and request that the ordinary hour of daily adjournment for the current sitting or a subsequent sitting be 12:00 a.m., provided that it be 10:00 p.m. on a day when a debate pursuant to Standing Order 52 or 53.1 is to take place, and that such a request shall be deemed adopted;

(b)on a sitting day extended pursuant to paragraph (a),

(i)proceedings on any opposition motion pursuant to Standing Order 81(16) shall conclude no later than 5:30 p.m. Tuesday to Thursday, 6:30 p.m. on a Monday or 1:30 p.m. on a Friday, on an allotted day for the business of supply, except pursuant to Standing Order 81(18)(c),

(ii)after 6:30 p.m. the Speaker shall not receive any quorum calls or dilatory motions, and shall only accept a request for unanimous consent after receiving a notice from the House leaders or whips of all recognized parties stating that they are in agreement with such a request,

(iii)motions to proceed to the orders of the day, and to adjourn the debate or the House may be moved after 6:30 p.m. by a minister of the Crown, including on a point of order, and such motions be deemed adopted,

(iv)the time provided for Government Orders shall not be extended pursuant to Standing Orders 33(2), 45(7.1) or 67.1(2);

(c)until Thursday, June 23, 2022,

(i)during consideration of the estimates on the last allotted day, pursuant to Standing Order 81(18), when the Speaker interrupts the proceedings for the purpose of putting forthwith all questions necessary to dispose of the estimates,

(A)all remaining motions to concur in the votes for which a notice of opposition was filed shall be deemed to have been moved and seconded, the questions deemed put and recorded divisions deemed requested,

(B)the Speaker shall have the power to combine the said motions for voting purposes, provided that, in exercising this power, the Speaker be guided by the same principles and practices used at report stage,

(ii)when debate on a motion for concurrence in committee reports is adjourned or interrupted, including on the day of the adoption of this order, the debate shall again be considered on a day designated by the government, after consultation with the House leaders of the other recognized parties, but in any case not later than the 35th sitting day after the interruption,

(iii)a motion for third reading of a government bill may be made in the same sitting during which the said bill has been concurred in at report stage,

(iv)a minister of the Crown may move, without notice, a motion to adjourn the House until Monday, September 19, 2022, provided that the House shall be adjourned pursuant to Standing Order 28 and that the said motion shall be decided immediately without debate or amendment;

(d)notwithstanding the order adopted on Thursday, November 25, 2021, and Standing Order 45(6), no recorded division requested after 2:00 p.m. on Thursday, June 23, 2022, shall be deferred, except for any recorded division requested in regard to a Private Members’ Business item, for which the provisions of the order adopted on Thursday, November 25, 2021, shall continue to apply; and

(e)notwithstanding paragraph (j) of the order made Wednesday, March 30, 2022, the deadline for the Special Joint Committee on Medical Assistance in Dying to submit to Parliament a final report of its review, including a statement of any recommended changes, be no later than Monday, October 17, 2022, provided that an interim report on mental illness as a sole underlying condition be presented to the House no later than Thursday, June 23, 2022, and that a message be sent to the Senate to acquaint Their Honours that this House has passed this order; and

that Standing Order 28(1) be amended as follows: “(1) The House shall not meet on New Year’s Day, Good Friday, Easter Monday, the day fixed for the celebration of the birthday of the Sovereign, St. John the Baptist Day, Canada Day, Labour Day, the National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day and Christmas Day. When St. John the Baptist Day, Canada Day or the National Day for Truth and Reconciliation fall on a Tuesday, the House shall not meet the preceding day; when those days fall on a Thursday, the House shall not meet the following day.”.

ATTEST

Charles Robert

The Clerk of the House of Commons

Government Business

Reports of Committees – Other

Order No. 4 was called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

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

To Her Excellency the Right Honourable Mary May Simon, 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 Gagné moved, seconded by the Honourable Senator Gold, 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

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

Other Business

Senate Public Bills – Third Reading

Resuming debate on the motion of the Honourable Senator Mégie, seconded by the Honourable Senator Audette, for the third reading of Bill S-209, An Act respecting Pandemic Observance Day, as amended.

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Ravalia, 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. 2, 3, 4 and 5 were called and postponed until the next sitting.

Senate Public Bills – Second Reading

Resuming debate on the motion of the Honourable Senator McPhedran, seconded by the Honourable Senator White, for the second reading of Bill S-201, An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age).

After debate,

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

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


Ordered : That Order No. 2, under OTHER BUSINESS, Senate Public Bills - Third Reading, be again called.

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Saint-Germain, for the third reading of Bill S-217, An Act respecting the repurposing of certain seized, frozen or sequestrated assets, as amended.

After debate,

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

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

Senate Public Bills – Second Reading

Orders No. 2, 3, 4 and 5 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Carignan, P.C., seconded by the Honourable Senator Housakos, for the second reading of Bill S-220, An Act to amend the Languages Skills Act (Governor General).

After debate,

The Honourable Senator Duncan moved, seconded by the Honourable Senator Saint-Germain, 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. 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 8 and 9 were called and postponed until the next sitting.

Motions

Resuming debate on the motion of the Honourable Senator Omidvar, seconded by the Honourable Senator Dasko:

That the Senate call upon the Government of Canada to implement the eighth recommendation of the first report of the Special Senate Committee on the Charitable Sector, entitled Catalyst for Change: A Roadmap to a Stronger Charitable Sector, adopted by the Senate on November 3, 2020, during the Second Session of the Forty-third Parliament, which proposed that the Canada Revenue Agency include questions on both the T3010 (for registered charities) and the T1044 (for federally incorporated not-for-profit corporations) on diversity representation on boards of directors based on existing employment equity guidelines.

After debate,

The Honourable Senator Housakos moved, 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.

o o o

Orders No. 4, 6, 7, 8, 10, 11, 12, 19, 30, 50, 52, 55 and 57 were called and postponed until the next sitting.

Inquiries

Orders No. 2, 3, 4, 5, 6 and 7 were called and postponed until the next sitting.

MOTIONS

The Honourable Senator Moncion moved, seconded by the Honourable Senator Pate:

That the Senate recognize that, each year, thousands of Canadians are called to jury duty and contribute to the Canadian justice system; and

That the Senate call upon the Government of Canada to designate the second week of May in each year as Jury Appreciation Week in Canada, to encourage those Canadians who provide this public service and to recognize their civic duty.

After debate,

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

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


At 4:47 p.m., pursuant to rule 9-10(7), the sitting was suspended until 5:15 p.m.

The sitting resumed.

DEFERRED VOTES

At 5:30 p.m., pursuant to rule 9-10(2), the Senate proceeded to the taking of the deferred standing vote on the subamendment of the Honourable Senator Seidman, to the motion in amendment of the Honourable Senator Plett, to government Motion No. 35 of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson.

The question being put on the subamendment of the Honourable Senator Seidman, seconded by the Honourable Senator Wells:

That the motion in amendment be not now adopted, but that it be amended by:

1. adding, after point (b) in the amendment, a new point (c) as follows:

“(c)a letter from Dr. Theresa Tam, Chief Public Health Officer of Canada, outlining how the Senate sitting in person only would contravene guidelines issued by her office”; and

2.changing the designation of points (c) and (d) in the amendment to points (d) and (e).

The subamendment was negatived on the following vote:

YEAS

The Honourable Senators

AtaullahjanBattersBoisvenuCarignanHousakosMacDonaldManningMocklerOhPlettRavaliaSeidmanSmithWells—14

NAYS

The Honourable Senators

AndersonArnotBellemareBoehmBonifaceBoveyBrazeauBussonCampbellClementCordyCormierCotterCoyleDagenaisDalphondDaskoDawsonDeacon (Nova Scotia)Deacon (Ontario)DeanDowneDuncanFrancisGagnéGalvezGerbaGignacGoldGreeneHarderKlyneLoffredaMarwahMassicotteMcPhedranMégieMiville-DechêneOmidvarPatePetitclercRinguetteSaint-GermainSimonsSorensenTannasWetstonWoo—48

ABSTENTIONS

The Honourable Senators

KutcherLankinMoncionMoodiePatterson—5

Resuming debate on the motion of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, notwithstanding any provisions of the Rules, previous order or usual practice, the provisions of the order of November 25, 2021, concerning hybrid sittings of the Senate and committees, and other matters, extended on March 31, 2022, have effect until the end of the day on June 30, 2022, subject to the following adjustments:

1.subparagraph 7(a) to (e) of the order of November 25, 2021, be replaced by the following:

“(a)when the Senate sits on a Monday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of Government Business or midnight;

(b)when the Senate sits on a Tuesday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the later of the end of Government Business or 6 p.m.;

(c)when the Senate sits on a Wednesday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of Government Business or 4 p.m.;

(d)when the Senate sits on a Thursday, the sitting:

(i)start at 2 p.m.; and

(ii)adjourn at the earlier of the end of business for the day or midnight; and

(e)when the Senate sits on a Friday, the sitting:

(i)start at 9 a.m.; and

(ii)adjourn at the earlier of the end of Government Business or 4 p.m.;” and

2.the provisions of paragraphs 12 and 13 of the order of November 25, 2021, cease to have effect, so that the evening suspension be as provided for in rule 3-3(1), including on Mondays, and, consequently, if the Rules require that something take place at 8 p.m., it take place at the time provided for in the Rules; and

That the Senate recognize the need to work towards a return to a schedule of committee meetings reflecting Ottawa-based operations, and call upon the Committee of Selection to continue to work with the leaders and facilitators of all recognized parties and recognized parliamentary groups to advance this objective.

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

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

1. by replacing the words “June 30, 2022” by the words “May 9, 2022”; and

2.by adding the following after the word “objective” at the end of the motion:

“; and

That, before introducing any motion on the extension or resumption of hybrid sittings of the Senate, the Leader of the Government in the Senate must:

1.table in the Senate:

(a)all opinions and guidelines from public health officials from the federal government regarding in-person meetings in the federal public service;

(b)all opinions and guidelines from public health officials from the Ontario and Québec governments regarding in-person meetings;

(c)a letter from the Clerk of the Senate outlining how the Senate sitting in person only would contravene any opinion or guideline mentioned in points (a) and (b); and

(d)a plan for a transition back to in-person sittings of the Senate as soon as practicable in accordance with the commitment made by the Senate on March 31, 2022; and

2.consult in an open and constructive manner with the leaders and facilitators of all recognized parties and parliamentary groups”.

The question was put on the motion in amendment.

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

ADJOURNMENT

The Honourable Senator Gagné moved, seconded by the Honourable Senator Gold, P.C.:

That the Senate do now adjourn.

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

(Accordingly, at 5:39 p.m., the Senate was continued until tomorrow at 2 p.m.)

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

Report of the Federal Public Sector Labour Relations and Employment Board on the administration of Part I (Staff Relations) of the Parliamentary Employment and Staff Relations Act for the fiscal year ended March 31, 2021, pursuant to the Act, R.S.C. 1985, c. 33 (2nd Supp.), s. 84.—Sessional Paper No. 1/44-716.

Copies of directives to VIA Rail Canada Inc. (P.C. 2022-259, P.C. 2022-260 and P.C. 2022-261), pursuant to the Financial Administration Act, R.S.C. 1985, c. F-11, sbs. 89(4).—Sessional Paper No. 1/44-717.

Report of the Nuclear Waste Management Organization, together with the Auditors’ Report, for the year 2021, pursuant to the Nuclear Fuel Waste Act, S.C. 2002, c. 23, s. 19.1.—Sessional Paper No. 1/44-718.

Report on the administration of the Canada Petroleum Resources Act for the year 2021, pursuant to the Act, R.S.C. 1985, c. 36 (2nd Supp.), s. 109.—Sessional Paper No. 1/44-719.

Employment Insurance Monitoring and Assessment Report for the fiscal year ended March 31, 2021, pursuant to the Employment Insurance Act, S.C. 1996, c. 23, sbs. 3(3).—Sessional Paper No. 1/44-720.

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Aboriginal Peoples

The Honourable Senator Christmas replaced the Honourable Senator Clement (May 3, 2022).

The Honourable Senator Audette replaced the Honourable Senator Lankin, P.C. (May 3, 2022).

The Honourable Senator Hartling replaced the Honourable Senator Duncan (May 3, 2022).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Audette (May 2, 2022).

The Honourable Senator Duncan replaced the Honourable Senator Hartling (May 2, 2022).

The Honourable Senator Clement replaced the Honourable Senator Christmas (May 2, 2022).

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Ringuette replaced the Honourable Senator Wetston (May 3, 2022).

Standing Senate Committee on Fisheries and Oceans

The Honourable Senator Christmas replaced the Honourable Senator Ringuette (May 3, 2022).

The Honourable Senator Ringuette replaced the Honourable Senator Christmas (May 2, 2022).

Standing Senate Committee on Human Rights

The Honourable Senator Audette replaced the Honourable Senator Lankin, P.C. (May 3, 2022).

The Honourable Senator Omidvar replaced the Honourable Senator Pate (May 3, 2022).

The Honourable Senator Hartling replaced the Honourable Senator Arnot (May 3, 2022).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Audette (May 2, 2022).

The Honourable Senator Francis replaced the Honourable Senator Bernard (May 2, 2022).

The Honourable Senator Arnot replaced the Honourable Senator Hartling (May 2, 2022).

The Honourable Senator Pate replaced the Honourable Senator Omidvar (May 2, 2022).

The Honourable Senator Omidvar replaced the Honourable Senator Christmas (April 29, 2022).

The Honourable Senator Wells replaced the Honourable Senator Martin (April 29, 2022).

Standing Senate Committee on Legal and Constitutional Affairs

The Honourable Senator Boniface replaced the Honourable Senator Dupuis (May 2, 2022).

Standing Senate Committee on National Finance

The Honourable Senator Loffreda replaced the Honourable Senator Moncion (May 3, 2022).

The Honourable Senator Moncion replaced the Honourable Senator Loffreda (May 2, 2022).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Cordy replaced the Honourable Senator Bernard (May 3, 2022).

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