Hon. Judith G. Seidman: Honourable Senators, I rise today in support of my colleague Senator Moncion’s motion to authorize the Standing Senate Committee on Social Affairs, Science and Technology to examine and report on the Canadian assisted human reproduction legislative and regulatory framework, and any other related issues deemed relevant by the committee.

I would like to thank Senator Moncion for her leadership on this important issue. Throughout her tireless advocacy, she has remained focused on the health, safety, and dignity of Canadians who wish to grow their families with the assistance of reproductive technologies and processes, and the surrogate mothers who help them do so.

The Assisted Human Reproduction Act, Canada’s legal framework on assisted human reproduction, became law in 2004. The framework was built on the work done by the Royal Commission on New Reproductive Technologies, which was established in 1989 to study the ethical, social, research and legal implications of new reproductive technologies in Canada.

The original Assisted Human Reproduction Act was meant to be a comprehensive and transformative framework. It prohibited and criminalized certain activities, while simultaneously permitting and regulating others. It also established the Assisted Human Reproduction Agency of Canada, a federal regulatory agency responsible for enforcing the act.

However, the aspirations of the framework were short-lived. Many of the provisions of the act remained dormant for years. Intended parents, health care professionals, lawyers, and ethicists were left in the dark about the legal parameters of assisted human reproduction. As an example, the federal government released regulations related to reimbursement only in June 2019 — 15 years after the law was passed.

Additionally, shortly after the Assisted Human Reproduction Act received Royal Assent in 2004, the Government of Quebec challenged the constitutional validity of certain provisions of the act. A decision made by the Supreme Court of Canada struck down a number of provisions of the act, including the establishment of the agency, which shut down its operation in 2013.

Today, surrogacy and gamete donation programs in Canada lack oversight, are unregulated and unlicensed. The regulation, as well as the licensing of fertility clinics, is a responsibility left to the provinces and territories. Data collection is also inconsistent and fragmented, and most of it is anecdotal in nature.

Over the years, there have been reports of fertility clinics and agencies engaging in unlawful behaviours. While the stories are few, they are concerning. This is all due to the lack of standards and oversight of surrogacy in Canada, which leaves prospective parents, surrogates and donors vulnerable to harm.

Honourable senators, there is no question that a national conversation about Canada’s assisted human reproduction laws is long overdue. In my second reading speech on Bill S-202, An Act to amend the Assisted Human Reproduction Act, I suggested that rather than proceeding with a private member’s bill, we should first conduct a comprehensive study of the subject matter. I argued that this approach would allow us to understand the unintended consequences of changing the current framework and suggest options for other frameworks, which could ultimately be addressed in a separate piece of legislation.

As I stated in that second reading speech:

A debate on this proposed piece of legislation would restrict our hearings to only the scope of the bill, with broader questions necessitating fulsome evidence collection on assisted human reproduction beyond our reach.

Now, a Senate study on this subject matter would provide a necessary and timely opportunity for us to learn from health and legal experts who are actively engaged in the field. Also, it would allow Canada to draw upon the expertise of other countries, such as the United States, the United Kingdom, India and others who have crafted programs on assisted human reproduction and utilize best practices from their studies over the years. It is for these reasons that I fully support Senator Moncion’s motion and once again thank her for her leadership.

Almost two decades have gone by since the passage of the Assisted Human Reproduction Act. A fulsome study conducted by the Standing Senate Committee on Social Affairs, Science and Technology would play an important and timely role in modernizing and shaping Canada’s legislative and regulatory framework on assisted human reproduction. It would also respond to the urgent need to pay attention to the health and safety of all those involved.

Honourable senators, this really does matter. Thank you.

(On motion of Senator Duncan, debate adjourned.)

Senator Moodie: Senator Gold, what I’m asking for is an update on where things are at. Is it possible for you to provide this chamber with such an update? Thank you.

Hon. Donald Neil Plett (Leader of the Opposition): Honourable senators, my question today is for the government leader in the Senate.

Senator Gold, the Canada Infrastructure Bank was created by the Trudeau government and has been operational since the 2017-18 fiscal year.

In the five years since its creation, the Canada Infrastructure Bank has failed to complete one single project. A recent answer to the question on the Senate’s Order Paper shows that in 2021 alone, the Canada Infrastructure Bank paid out over $5.7 million in short-term incentives to its 79 employees. This works out, Senator Gold, to a bonus of over $73,000 per employee.

Leader, how could the NDP-Liberal government possibly think that these bonuses are appropriate?

Hon. Diane Bellemare: Honourable senators, I have the honour to table, in both official languages, the second report (interim) of the Standing Committee on Rules, Procedures and the Rights of Parliament entitled Use of displays, exhibits and props in Senate proceedings and I move that the report be placed on the Orders of the Day for consideration at the next sitting of the Senate.

(On motion of Senator Bellemare, report placed on the Orders of the Day for consideration at the next sitting of the Senate.)

[English]

Hon. Yuen Pau Woo: Honourable senators, I have the honour to present, in both official languages, the first report of the Standing Joint Committee for the Scrutiny of Regulations, which deals with the work of the committee and other matters.

(For text of report, see today’s Journals of the Senate, p. 430-1.)

Hon. Ratna Omidvar, Chair of the Standing Senate Committee on Social Affairs, Science and Technology, presented the following report:

Tuesday, April 5, 2022

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

FIFTH REPORT

Your committee, to which was referred Bill S-209, An Act respecting Pandemic Observance Day, has, in obedience to the order of reference of December 9, 2021, examined the said bill and now reports the same with the following amendment:

1.Preamble, page 1:

(a) Replace line 4 with the following:

“Whereas March 11, 2021, was designated — by”;

(b) add the following after line 10:

“Whereas it is important to acknowledge the multidimensional effects of the pandemic on every person in Canada;

Whereas this pandemic has worsened the various forms of inequality in Canada and has had a disproportionate impact on the vulnerable people within society and members of historically disadvantaged groups;

And whereas it is fitting that March 11 of each year be officially designated as “Pandemic Observance Day” in order to give the Canadian public an opportunity to commemorate the efforts to get through the pandemic, to remember its effects and to reflect on ways to prepare for any future pandemics;”.

Respectfully submitted,

RATNA OMIDVAR

Chair

Senator Plett: Thank you for that. I see no reason why you would have had the information at hand, so I expect that you will get back to us on that.

I think you would agree that a bonus of $73,000 is more than the average Canadian family’s income was in 2020. The answer to my Order Paper question shows that in total since 2019, the Canada Infrastructure Bank has paid out over $10 million in short-term and long-term bonuses to its employees, again, while zero projects were completed.

Leader, your Canada Infrastructure Bank is an expensive failure. You should agree with that. Senator Gold, I think you should have the answer to why Canadian taxpayers should continue to fund the Canada Infrastructure Bank. If you don’t have the answer to that, will you get us the answer to this: Will you scrap the Canada Infrastructure Bank?

Senator Gold: Thank you for your question. I think that, as for any program, government or private sector, ongoing evaluation is critical to make sure, whatever the intentions were at the beginning, that corrections are made where necessary.

In that regard, as you reported the minister reporting, these ongoing evaluations, I am confident, continue.

Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for your question.

The government is committed to using better data to drive better outcomes so every Canadian can reach their full potential, free of systemic barriers. That’s why, building on previous federal investments, Budget 2021-22 proposes to provide $172 million over five years, with $36 million ongoing, for Statistics Canada to implement the Disaggregated Data Action Plan. I am advised this plan aims to provide Canadians with the detailed statistical data that is currently lacking to address gender gaps and systemic racism and bring fairness and inclusion to decisions that affect all Canadians.

The government has heard the call of many Canadians who are seeking the data they need to bring the social and economic impacts on marginalized groups into the heart of decision making, and the government is answering their clear call to action.

Hon. Rosemary Moodie: My question is for the Government Representative in the Senate.

Senator Gold, disaggregated data is well understood to be key in crafting better social policies that are equitable and address various intersectionalities. Robust and modernized data collection was a significant line item in Budget 2021 at $250 million over five years, and it was part of the recommendations of the 2021 report from the National Advisory Council on Poverty.

Senator Gold, could you provide this chamber with an update on Statistics Canada’s progress on this issue and their goals for the coming fiscal year, please?

Senator Francis: Thank you for your answer, Senator Gold. I’m concerned by the impact the ongoing ban will have on the Island industry and economy. Could you please let us know when seed producers will receive financial compensation from the federal government and when other supports will be made available to those who wish to transition to other crops?

Hon. Mary Coyle: Honourable senators, my question is for the Government Representative in the Senate. Senator Gold, a recent PBO study looked at the effect of federal carbon pricing on the economy. It found that most households in the four provinces that are subject to the federal price on carbon are worse off financially.

The Parliamentary Budget Officer, Mr. Yves Giroux, noted:

Under the Government’s HEHE plan, most households in Alberta, Saskatchewan, Manitoba and Ontario will see a net loss resulting from federal carbon pricing. That is, the costs they face—including the federal carbon levy, higher GST and lower incomes—will exceed the Climate Action Incentive rebate they receive.

The PBO study is based on the current situation, and we know that it doesn’t take into consideration any new green technologies that may result in cost savings, nor does it take into consideration the overall costs of climate inaction.

Senator Gold, what is the government doing to address the concerns of Canadians about carbon pricing and to, at the same time, help educate the public on the real cost of climate inaction?

Hon. Marc Gold (Government Representative in the Senate): Thank you, senator, for your question. It’s an important one.

First of all, the government thanks the Parliamentary Budget Officer for his work. That work actually confirms that the price on pollution has a progressive impact and gives 8 out of 10 families more back through climate action incentive rebates than they, in fact, pay.

As colleagues know, pricing carbon pollution is a central part of Canada’s plan to reduce greenhouse gas emissions and drive clean innovation. It is widely regarded around the world as the most efficient policy to reduce emissions.

With regard to the second part of your question, colleague, the government has introduced a number of measures to educate Canadians on the importance of climate action, including the Climate Action and Awareness Fund, which will invest $206 million in projects that build youth awareness, engagement and action; support community-based climate action; advance climate science and technology and support academia. I also note that the government has introduced measures to support Canadians in reducing their carbon use, including the Climate Action Incentive Fund, which helps fund energy-efficient retrofits and other projects to improve energy efficiency and productivity, reducing energy use and carbon pollution while saving money.

Senator Gold: Thank you, again, for the important question. The 2030 Emissions Reduction Plan is an ambitious and, the government believes, achievable plan for Canada to reach its climate targets. The plan has been in development for months, and it includes the input of over 30,000 Canadians and, as many colleagues know, a sector-by-sector pathway.

Additionally, I note that it does provide for consultations with respect to driving down carbon pollution from the oil and gas sector. Finally, it further outlines next steps to continue delivering on those priorities for Canadians.

Hon. Brian Francis: Honourable senators, my question is for Senator Gold.

Last November, following the detection of potato wart in two fields, the Canadian Food Inspection Agency banned the export of all potatoes outside of P.E.I., including to the United States and the rest of Canada. This decision shocked and devastated the industry, which is a major employer and economic contributor in our province.

Last Friday, the ban was finally lifted on the export of P.E.I. table, or eating, potatoes, but not seed or processing potatoes, which is not expected to resume until at least 2023. That could mean two more seasons of losses.

Senator Gold, what steps, if any, are the federal government taking to move up the timeline on lifting the ban on seed potatoes?

Hon. Pierre-Hugues Boisvenu: My question is for the Government Representative in the Senate. Senator Gold, as I said in my statement, we are two weeks away from the anniversary of Canada’s worst mass shooting, when 22 innocent victims in Portapique lost their lives.

In February, I asked you about the families of the 22 victims, who had complained about the lack of information and especially the lack of cooperation over the past two years with respect to the public inquiry into the tragedy. Although the victims’ families were satisfied with the commissioner’s decision to call the killer’s widow and the police officers who participated in the operation to testify, these families had to fight for that information, which is totally unacceptable. I would like to remind you, Senator Gold, that the Canadian Victims Bill of Rights, a supra-constitutional statute, states in section 7 that:

Every victim has the right, on request, to information about

Have you obtained information about why the victims’ families were not part of the public inquiry even though they should have been?

Hon. Marc Gold (Government Representative in the Senate): Thank you for the question and for reminding us of this recent tragedy. I will have to work on getting you that information because I don’t have it right now. I will follow up.

Hon. Pierre-Hugues Boisvenu: In my statement a few moments ago, I touched on another very important issue, namely the disorganization at the RCMP. As we know, the RCMP is responsible for policing large parts of Canada’s territory and provides community-based services that are equivalent to municipal police services.

We also know that the amount of time it took to locate the killer was partly due to this disorganization and a lack of communication. The killer was intercepted by a stroke of luck. If not for that, there could have been even more victims.

Can you tell us what the minister responsible for the RCMP, the Honourable Marco Mendicino, plans to do to strengthen the RCMP and make sure it has the response capabilities it needs in order to prevent such a tragedy from happening again?

Senator Poirier: Leader, the Government of Canada has made goals or promised deadlines to be met in any number of areas. For example, by 2035, the Trudeau government aims for a net-zero emissions electricity grid. It also promised to set a target for gender equality in sports at every level by 2035.

Yet the recent Order Paper answer from the Trudeau government refuses to say whether it would set a date or goal for ending homelessness amongst veterans; it simply referred to a program that has yet to be designed.

As I mentioned earlier, leader, why won’t your government set a goal for eliminating homelessness amongst our Canadian veterans?