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Journals of the Senate

1 Charles III , A.D. 2023, Canada

1st Session, 44th Parliament

Issue 114 (Unrevised)

Thursday, April 20, 2023
2 p.m.

The Honourable GEORGE J. FUREY, Speaker


The Members convened were:

The Honourable Senators

AndersonAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCardozoCarignanClementCordyCotterCoyleDagenaisDalphondDaskoDeacon (Ontario)DeanDowneDuncanDupuisFrancisFureyGagnéGalvezGerbaGignacGoldGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)PetitclercPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithTannasVernerWallinWellsWoo

The Members in attendance to business were:

The Honourable Senators

Anderson*AtaullahjanAudetteBattersBellemareBernardBlackBoehmBoisvenuBonifaceBoveyBoyerBrazeauBussonCardozoCarignanClementCordy*CormierCotterCoyleDagenaisDalphondDaskoDeacon (Ontario)DeanDowneDuncanDupuis*ForestFrancisFureyGagnéGalvezGerbaGignacGoldGreenwoodHarderHartlingHousakosJafferKlyneKutcherLaBoucane-BensonLankinLoffredaMacDonaldManningMarshallMartinMarwahMassicotteMcCallumMcPhedranMégieMiville-DechêneMoncionMoodieOhOmidvarOslerPatePatterson (Nunavut)*Patterson (Ontario)PetitclercPlettQuinnRavaliaRichardsRinguetteSaint-GermainSeidmanShugartSimonsSmithTannasVernerWallinWellsWoo

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 Klyne, Chair of the Standing Committee on Audit and Oversight, presented the seventh report of the committee (Budget—supervise and report on the Senate’s internal and external audits and related matters).

(The report is printed as Appendix A at pages 1406-1410 (available in print format PDF).)

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

The Honourable Senator Klyne moved, seconded by the Honourable Senator Anderson, 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 Francis, Chair of the Standing Senate Committee on Indigenous Peoples, presented the tenth report of the committee (Budget—examine the constitutional, treaty, political and legal responsibilities to First Nations, Inuit and Métis peoples—power to hire staff).

(The report is printed as Appendix B at pages 1411-1416 (available in print format PDF).)

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

The Honourable Senator Francis moved, seconded by the Honourable Senator Bellemare, 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 Senate Public Bills

The Honourable Senator Martin introduced Bill S-260, An Act respecting National Diffuse Midline Glioma Awareness Day.

The bill was read the first time.

The Honourable Senator Martin moved, seconded by the Honourable Senator Seidman, 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 Wells tabled the following:

Report of the Canada-Europe Parliamentary Association, Arctic Parliamentarians Summit — Nordic and North American Collaboration, Nuuk, Greenland, from September 11 to 13, 2022.—Sessional Paper No. 1/44-1693.

Question Period

The Senate proceeded to Question Period.

Orders of the Day

Government Business

Bills – Messages from the House of Commons

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

That, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the Senate:

(a)agree to the amendments made by the House of Commons to its amendments; and

(b)do not insist on its amendments to which the House of Commons disagrees;

That the Senate take note of the Government of Canada’s stated intent that Bill C-11 will not apply to user-generated digital content and its commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission accordingly; and

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

And on the motion in amendment of the Honourable Senator Gagné, seconded by the Honourable Senator Tannas:

That the motion be not now adopted, but that it be amended by replacing, in the second paragraph, the words “stated intent” by the words “public assurance”.

After debate,

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

The Senate resumed debate on the motion, as amended, of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the Senate:

(a)agree to the amendments made by the House of Commons to its amendments; and

(b)do not insist on its amendments to which the House of Commons disagrees;

That the Senate take note of the Government of Canada’s public assurance that Bill C-11 will not apply to user-generated digital content and its commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission accordingly; and

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

After debate,

In amendment, the Honourable Senator Plett moved, seconded by the Honourable Senator Housakos:

That the motion, as amended, be further amended:

1. by replacing sub-paragraph (b) by the following:

“(b) insist on its amendments to which the House of Commons disagrees;”;

2.by adding, before the final paragraph, the following new paragraph:

“That, pursuant to rule 16-3, the Standing Senate Committee on Transport and Communications be charged with drawing up the reasons for the Senate’s insistence on its amendments; and”; and

3.by replacing, in the final paragraph, the words “That a message be sent” by the words “That, once the reasons for the insistence have been agreed to by the Senate, a message be sent”.

After debate,

In amendment, the Honourable Senator MacDonald moved, seconded by the Honourable Senator Housakos:

That the motion in amendment be amended:

1. in the proposed new wording for sub-paragraph (b), by replacing the words “amendments to which the House of Commons disagrees;” by the following:

“amendment 3 to which the House of Commons disagrees; and

(c)do not insist on its other amendments to which the House of Commons disagrees;”; and

2.in the proposed new paragraph empowering the Standing Senate Committee on Transport and Communications to develop the Senate’s reasons for its insistence, by replacing the word “amendments” by the word “amendment”.

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

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

YEAS

The Honourable Senators

BattersBlackCarignanHousakosMacDonaldManningMarshallMartinOhPatterson (Nunavut)PlettQuinnRichardsSeidmanWallinWells—16

NAYS

The Honourable Senators

AndersonAudetteBellemareBoveyBoyerBrazeauBussonCardozoClementCordyCotterCoyleDagenaisDalphondDaskoDeanDowneDuncanDupuisFrancisGagnéGalvezGoldGreenwoodHarderHartlingKlyneKutcherLaBoucane-BensonLankinLoffredaMarwahMcCallumMcPhedranMiville-DechêneMoncionMoodieOslerPatePetitclercRavaliaRinguetteSaint-GermainShugartSimonsWoo—46

ABSTENTIONS

The Honourable Senators

Nil


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, as amended, of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the Senate:

(a)agree to the amendments made by the House of Commons to its amendments; and

(b)do not insist on its amendments to which the House of Commons disagrees;

That the Senate take note of the Government of Canada’s public assurance that Bill C-11 will not apply to user-generated digital content and its commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission accordingly; and

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

And on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Housakos:

That the motion, as amended, be further amended:

1. by replacing sub-paragraph (b) by the following:

“(b) insist on its amendments to which the House of Commons disagrees;”;

2.by adding, before the final paragraph, the following new paragraph:

“That, pursuant to rule 16-3, the Standing Senate Committee on Transport and Communications be charged with drawing up the reasons for the Senate’s insistence on its amendments; and”; and

3.by replacing, in the final paragraph, the words “That a message be sent” by the words “That, once the reasons for the insistence have been agreed to by the Senate, a message be sent”.

And on the subamendment of the Honourable Senator MacDonald, seconded by the Honourable Senator Housakos:

That the motion in amendment be amended:

1. in the proposed new wording for sub-paragraph (b), by replacing the words “amendments to which the House of Commons disagrees;” by the following:

“amendment 3 to which the House of Commons disagrees; and

(c)do not insist on its other amendments to which the House of Commons disagrees;”; and

2.in the proposed new paragraph empowering the Standing Senate Committee on Transport and Communications to develop the Senate’s reasons for its insistence, by replacing the word “amendments” by the word “amendment”.

Debate.


The Honourable Senator Batters moved, seconded by the Honourable Senator Wells:

That the Senate do now adjourn.

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

YEAS

The Honourable Senators

BattersCarignanHousakosMacDonaldMarshallMartinOhPlettSeidmanWells—10

NAYS

The Honourable Senators

AndersonAudetteBoehmBoveyBoyerBrazeauBussonCardozoClementCordyCotterCoyleDalphondDeanDowneDuncanFrancisGagnéGalvezGoldGreenwoodKutcherLaBoucane-BensonLankinLoffredaMcPhedranMiville-DechêneMoncionMoodieOslerPatePetitclercQuinnRavaliaRinguetteSaint-GermainSimonsWoo—38

ABSTENTION

The Honourable Senator

Patterson (Nunavut)—1

Bills – Messages from the House of Commons

The Senate resumed debate on the motion, as amended, of the Honourable Senator Gold, P.C., seconded by the Honourable Senator LaBoucane-Benson:

That, in relation to Bill C-11, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts, the Senate:

(a)agree to the amendments made by the House of Commons to its amendments; and

(b)do not insist on its amendments to which the House of Commons disagrees;

That the Senate take note of the Government of Canada’s public assurance that Bill C-11 will not apply to user-generated digital content and its commitment to issue policy direction to the Canadian Radio-television and Telecommunications Commission accordingly; and

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

And on the motion in amendment of the Honourable Senator Plett, seconded by the Honourable Senator Housakos:

That the motion, as amended, be further amended:

1. by replacing sub-paragraph (b) by the following:

“(b) insist on its amendments to which the House of Commons disagrees;”;

2.by adding, before the final paragraph, the following new paragraph:

“That, pursuant to rule 16-3, the Standing Senate Committee on Transport and Communications be charged with drawing up the reasons for the Senate’s insistence on its amendments; and”; and

3.by replacing, in the final paragraph, the words “That a message be sent” by the words “That, once the reasons for the insistence have been agreed to by the Senate, a message be sent”.

And on the subamendment of the Honourable Senator MacDonald, seconded by the Honourable Senator Housakos:

That the motion in amendment be amended:

1. in the proposed new wording for sub-paragraph (b), by replacing the words “amendments to which the House of Commons disagrees;” by the following:

“amendment 3 to which the House of Commons disagrees; and

(c)do not insist on its other amendments to which the House of Commons disagrees;”; and

2.in the proposed new paragraph empowering the Standing Senate Committee on Transport and Communications to develop the Senate’s reasons for its insistence, by replacing the word “amendments” by the word “amendment”.

The Honourable Senator Dean moved seconded by the Honourable Senator Saint-Germain, that further debate on the subamendment be adjourned until the next sitting.

The question was put on the motion.

Pursuant to rule 9-3, a standing vote was requested, with the bells to ring for sixty minutes.

Ordered: That the standing vote be not proceeded with.

Ordered: That further debate on the subamendment be adjourned until the next sitting.

Bills – Second Reading

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

Reports of Committees – Other

Orders No. 7 and 9 were called and postponed until the next sitting.

Motions

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

o o o

The Honourable Senator Gagné moved, seconded by the Honourable Senator LaBoucane-Benson:

That, when the Senate next adjourns after the adoption of this motion, it do stand adjourned until Tuesday, April 25, 2023, at 2 p.m.

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

Inquiries

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

Other Business

Senate Public Bills – Third Reading

Third reading of Bill S-242, An Act to amend the Radiocommunication Act, as amended.

The Honourable Senator Patterson (Nunavut) moved, seconded by the Honourable Senator Osler, 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.

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

Senate Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Jaffer, seconded by the Honourable Senator Cormier, for the second reading of Bill S-235, An Act to amend the Citizenship Act and the Immigration and Refugee Protection Act.

The Honourable Senator Housakos 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. 12 was called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Ringuette, seconded by the Honourable Senator Ravalia, for the second reading of Bill S-239, An Act to amend the Criminal Code (criminal interest rate).

The Honourable Senator Clement moved, seconded by the Honourable Senator Duncan, 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. 14, 15, 16, 17, 18 and 19 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Boyer, seconded by the Honourable Senator Marwah, for the second reading of Bill S-250, An Act to amend the Criminal Code (sterilization procedures).

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

The bill was then read the second time.

The Honourable Senator Boyer moved, seconded by the Honourable Senator Dasko, that the bill be referred to the Standing Senate Committee on Legal and Constitutional Affairs.

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

o o o

Orders No. 21, 22, 23, 24, 25, 26, 27, 28 and 29 were called and postponed until the next sitting.

Commons Public Bills – Second Reading

Orders No. 1, 2, 3, 4, 5 and 6 were called and postponed until the next sitting.

Reports of Committees – Other

Orders No. 27, 30 and 31 were called and postponed until the next sitting.

o o o

Resuming debate on the motion of the Honourable Senator Wallin, seconded by the Honourable Senator Smith:

That the fifth report of the Standing Senate Committee on Banking, Commerce and the Economy, tabled in the Senate on Wednesday, February 15, 2023, 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 Finance being identified as minister responsible for responding to the report.

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

ADJOURNMENT

With leave of the Senate,

The Honourable Senator Gagné moved, seconded by the Honourable Senator Loffreda:

That the Senate do now adjourn.

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

(Accordingly, at 11:07 p.m., the Senate was continued until Tuesday, April 25, 2023, at 2 p.m.)

Changes in Membership of Committees Pursuant to Rule 12-5

Standing Senate Committee on Agriculture and Forestry

The Honourable Senator Deacon (Nova Scotia) replaced the Honourable Senator Woo (April 20, 2023).

Standing Senate Committee on Banking, Commerce and the Economy

The Honourable Senator Deacon (Nova Scotia) replaced the Honourable Senator Simons (April 20, 2023).

The Honourable Senator Simons replaced the Honourable Senator Moncion (April 20, 2023).

Standing Senate Committee on Energy, the Environment and Natural Resources

The Honourable Senator Arnot replaced the Honourable Senator Greenwood (April 20, 2023).

Standing Senate Committee on Foreign Affairs and International Trade

The Honourable Senator Harder, P.C., replaced the Honourable Senator Cardozo (April 20, 2023).

The Honourable Senator Cardozo replaced the Honourable Senator Harder, P.C. (April 19, 2023).

Standing Committee on Internal Economy, Budgets and Administration

The Honourable Senator Forest replaced the Honourable Senator Mégie (April 20, 2023).

Standing Senate Committee on National Finance

The Honourable Senator Forest replaced the Honourable Senator Moncion (April 20, 2023).

Standing Senate Committee on Social Affairs, Science and Technology

The Honourable Senator Burey replaced the Honourable Senator Verner, P.C. (April 20, 2023).

The Honourable Senator Moodie replaced the Honourable Senator Greenwood (April 20, 2023).

The Honourable Senator Lankin, P.C., replaced the Honourable Senator Mégie (April 20, 2023).

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