Senate to decide on fate of tanker ban, Liberals leaving U.S.-Mexico-Canada trade bill until last minute

6/3/2019

By Peter Mazereeuw
THE HILL TIMES

Several high-profile government bills are entering the final stretch of scrutiny by Senators this week, with a decision on whether or not to kill the controversial tanker ban bill, C-48, on the docket, and third reading debate on the government’s sweeping environmental impact assessment bill, C-69, expected to begin early this week.

The government has also continued to introduce new bills in the House of Commons as recently as last week, with just 15 sitting days now left in the House and a handful more than that in the Senate. It’s possible not all of them will pass through both Chambers and into law before Parliament rises for the summer for the election campaign without negotiations and cooperation among groups both in the House and Senate.

The House is scheduled to sit until June 21 and the Senate until June 28. The next election is expected to happen on Oct. 21 and the House will not be back before then, so there’s a legislative push on for the government over the next three weeks.

The government tabled legislation to implement the CUSMCA trade agreement with the United States and Mexico just last week. Bill C-100 is still at second reading in the House, and would have to pass through a committee study and multiple rounds of debate before it arrived in the Senate to begin that process anew.

The New Democrats in the House signalled last week that they won’t make it easy for the government to move the bill along quickly without using time allocation, when they voted against a motion preceding C-100 that authorized government spending to implement that trade deal. The Conservatives and Liberals voted in favour of the motion.

However, should Bill C-100 make it to the Senate, members of the Red Chamber should already be familiar with it, said Independent Senator Raymonde Saint-Germain (De la Vallière, Que.), the deputy facilitator of the Independent Senators Group.

“We’ve been expecting it for a long time, we know what’s in it. We can find [the Foreign Affairs and International Trade Committee] enough time to study it,” she said.

Prime Minister Justin Trudeau (Papineau, Que.) and U.S. Vice-President Mike Pence discussed the implementation of the trade deal during the latter’s visit to Ottawa last week. Mr. Pence said his administration was pushing for U.S. legislators to implement the bill this summer.

Government House Leader Bardish Chagger (Waterloo, Ont.) didn’t include C-100 in her response to the Thursday Question last week, meaning it may not come up for debate this week.

Government House leaders often strike deals with their opposition counterparts to get unanimous consent to advance certain bills through several stages simultaneously late in a legislative session, but the NDP’s vote on the spending motion for C-100 means that is unlikely in this case. The government could also recall the House of Commons in the summer to deal with C-100, if it wants to wait for the U.S. to ratify the trade deal before Canada does the same.

Sen. Saint-Germain said she didn’t know whether the Senate would have enough time to study and vote on other recently-introduced bills before it rises. Bill C-99, to change the citizenship oath to recognize the rights of Indigenous Peoples, and C-98, to create an oversight body for the Canada Border Services Agency, are both still at second reading in the House.

Immigration Minister Ahmed Hussen (York South-Weston, Ont.) told reporters last week that “we are very hopeful for a multi-party approach in support” of the citizenship oath bill.

“We are proceeding forward by presenting a bill, but also hoping that with the other parties supporting this, we can move quickly towards passage,” he said.

When asked whether the Senate would have enough time to deal with bills recently introduced into the House once they progressed to the Upper Chamber, Senator Peter Harder (Ottawa, Ont.) the government’s representative in the Senate, said “the Senate will do what the Senate needs to do.”

A spokesperson for Conservative Senate Leader Larry Smith (Saurel, Que.), Karine Leroux, said in an emailed statement that “these last-minute bills show a lack of planning by the Trudeau government. The Official Opposition in the Senate will act responsibly and do its due diligence by reviewing the latest bills proposed by the Trudeau government.”

Senate to vote on killing tanker ban bill

The Senate is expected to vote early this week on a report from its Transport Committee on Bill C-48, a bill that would fulfill a Liberal election promise to ban oil tanker traffic from the northern B.C. coast, making permanent a voluntary moratorium that is already in place there.

The Senate Transport Committee recommended that the Senate kill the bill in its report, finalized late last week. Senators on the committee came to a tie vote on whether to proceed with the bill. Tie votes count as a loss, meaning the vote determined that the committee would recommend that Senators do not allow the bill to go ahead.

If the Senate accepts the committee’s report, Bill C-48 will die, in what would be an exceptionally rare move by the Upper Chamber to defeat a government bill. If the Senate does not accept the committee’s report, the bill would go on to be debated at third reading, where Senators could move amendments to the controversial bill, which Alberta Premier Jason Kenney and others have said would harm the oil and gas industry.

If Senators do amend the bill at third reading, it could set the stage for a ping-pong battle between the two Chambers. Transport Minister Marc Garneau (Notre-Dame-de-Grâce-Westmount, Que.) has rejected the idea of amending the bill to create exemptions to the moratorium zone, suggesting in front of Senate Transport Committee in May that opening up corridors for shipping oil on the coast would undermine the purpose of the bill, since spilled oil could spread far and wide through the water.

Sen. Saint-Germain, a member of the Transport Committee, said she couldn’t predict how Independent Senators would vote on the committee’s report when it comes before the Chamber at report stage. The report was agreed to on division, meaning that not all committee members agreed with it, but those who opposed did not force a formal vote.

“I anticipate very interesting discussions,” she said.

Independents collectively form a majority in the Chamber, but are not whipped or formally tied to any political party.

The Senate Conservatives will try to convince Senators to accept the committee’s report and kill Bill C-48, said Conservative Senator David Tkachuk (Saskatchewan), the chair of the Transport Committee. The Conservatives may bring forward amendments to the bill if it makes it to third reading, he said.

Independent Senator Elaine McCoy (Alberta) penned an op-ed in The Globe and Mail late last week, urging her colleagues to kill C-48, and Independent Senator Doug Black (Alberta) said he agreed with her via Twitter. Independent Senator Paula Simons (Alberta) voted against proceeding with the bill at the Transport Committee.

Senators green-light overhaul of C-69

Senators agreed late last week to pass Bill C-69, on reforming the environmental impact assessment process, through report stage, meaning they effectively endorsed the 187 amendments to the bill made by the Senate Environment Committee.

That bill has also been widely criticized by conservative politicians and resource industry groups, among others, for everything from technical errors to potentially causing harm to the resource industry. The Environment Committee’s amendments ranged from minor changes to those that would take discretionary power over assessments away from the federal environment minister, and changes that environmental groups say would make environmental reviews too industry-friendly, for example, putting industry regulators back in charge of review panels conducting assessments, and ensuring the economic impact of a project is taken into account in an assessment.

The Senate agreed to pass the committee’s report on division, meaning some Senators disagreed with the report, but weren’t willing to force a recorded vote on it. Third reading debate on Bill C-69 will likely begin early this week, and the Senate Conservatives are considering putting forward one or more new technical amendments at that stage.

The government fisheries and fish habitat bill, C-68, is also at third reading in the Senate, as is Bill C-77, to reform the the military justice system. Senate leaders agreed hold a third reading vote on C-77 by June 6.

Baylis’ urges PROC to get Members’-rights motion back to House

Liberal MP Frank Baylis (Pierrefonds-Dollard, Que.) is urging MPs on the Procedure and House Affairs Committee to do a short study of his private member’s motion to change the standing orders, M-231, and get it back to the House in time for a vote, before it dies on the order paper with the summer break and dissolution of Parliament for this fall’s election.

Mr. Baylis testified before PROC late last week, as the committee held its first hearing on the motion, which would establish a second debating Chamber for the House to deal with private member’s business, and would change the standing orders in several ways to take power out of the hands of party officers like the whips, and put it into the hands of backbench MPs—including doing away with speaking lists, through which the whips decide who gets to speak in the House and when.

Mr. Baylis’ motion had also been before the House of Commons as a whole for consideration, but he missed the first hour of debate on the motion in the House last week after making a mistake with his scheduling, he said. Because he missed the debate, the motion died, making PROC Mr. Baylis’ last chance to revive it.

Mr. Baylis told the committee members that many of the ideas proposed in the motion have been examined by MPs before, and noted that PROC had already done a separate study on establishing a second Chamber for the House. He told The Hill Times that he had received positive feedback from the Conservatives, NDP, and Liberal whip Mark Holland (Ajax, Ont.) about the motion. He said there was nonetheless some “timidity” about making big changes to the way the House does its business, and that he wanted PROC to complete a study on the motion so that all MPs would have a chance to vote on it in the Chamber before the summer.

peter@hilltimes.com

Status of government bills

House of Commons

Second reading:

C-5, An Act to Repeal Division 20 of Part 3 of the Economic Action Plan 2015 Act, No. 1
C-12, An Act to amend the Canadian Forces Members and Veterans Re-establishment and Compensation Act
C-27, An Act to amend the Pension Benefits Standards Act, 1985
C-28, An Act to amend the Criminal Code (victim surcharge)
C-32, An Act related to the repeal of Section 159 of the Criminal Code
C-33, An Act to amend the Canada Elections Act
C-34, An Act to amend the Public Service Labour Relations Act
C-38, An Act to amend an Act to amend the Criminal Code (exploitation and trafficking in persons)
C-39, An Act to amend the Criminal Code (unconstitutional provisions)
C-42, Veterans Well-being Act
C-43, An Act respecting a payment to be made out of the Consolidated Revenue Fund to support a pan-Canadian artificial intelligence strategy
C-52, Supporting Vested Rights Under Access to Information Act
C-56, An Act to amend the Corrections and Conditional Release Act and the Abolition of Early Parole Act
C-87, Poverty Reduction Act
C-94, An Act respecting certain payments to be made out of the Consolidated Revenue Fund
C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act
C-99, An Act to amend the Citizenship Act
C-100, An Act to implement the Agreement between Canada, the United States of America, and the United Mexican States

Report stage:

C-88, An Act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act
C-92, An Act respecting First Nations, Inuit, and Métis children, youth, and families
C-93, An Act to provide no-cost, expedited record suspensions for simple possession of cannabis
C-97, Budget Implementation Act, 2019, No. 1

Consideration of amendments made by the Senate:

C-58, An Act to amend the Access to Information Act and the Privacy Act and to make consequential amendments to other Acts
C-59, An Act respecting national security matters

Senate

Senate pre-study:

C-92, An Act respecting First Nations, Inuit, and Métis children, youth, and families
C-97, Budget Implementation Act, 2019, No. 1

Committee:

C-48, Oil Tanker Moratorium Act
C-75, An Act to amend the Criminal Code, the Youth Criminal Justice Act, and other Acts
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
C-82, Multilateral Instrument in Respect of Tax Conventions Act
C-84, An Act to amend the Criminal Code (bestiality and animal fighting)
C-91, Indigenous Languages Act

Report stage:

C-83, An Act to amend the Corrections and Conditional Release Act and another Act

Third reading

C-68, An Act to amend the Fisheries Act
C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act
C-77, An Act to amend the National Defence Act to make related and consequential amendments to other Acts

Awaiting Royal Assent

C-71, An Act to amend certain Acts and Regulations in relation to firearms
C-81, Accessible Canada Act

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