Hon. Marc Gold (Government Representative in the Senate): Honourable senators, I have the honour to table, in both official languages, the copy of the Canada Gazette, Part II, volume 156, Extra No. 1, dated February 15, 2022, including a proclamation declaring a public order emergency and two sets of regulations pursuant to the Emergencies Act.

[English]

Hon. Marc Gold (Government Representative in the Senate): Honourable senators, with leave of the Senate and notwithstanding rule 5-5(j), I move:

That, notwithstanding any provision of the Rules, previous order or usual practice:

1.subject to paragraph 2 of this order, on Tuesday, February 22, 2022, Wednesday, February 23, 2022, Thursday, February 24, 2022, and Friday, February 25, 2022:

(a)the Senate sit at 9 a.m.;

(b)the sitting continue until 9 p.m.;

(c)there be a one-hour pause in the sitting at noon and another one-hour pause at 6 p.m., without the Speaker asking if the clock shall not be seen; and

(d)the only item of business before the Senate be the motion to confirm the declaration of a public order emergency made pursuant to the Emergencies Act, which shall be taken up at the start of each sitting and debated without interruption, subject to subparagraph (c); and

2.the terms of paragraph 1 of this order cease to have effect once debate on the motion to confirm the declaration of a public order emergency has concluded and the question has been put, with the Senate then continuing with the Orders of the Day, subject to the Rules, orders and practices that would otherwise be in effect, except in relation to the time for the start of the sitting on that day, provided that:

(a)if the debate on the confirmation motion ends and the question is put before noon on that day, there shall be a pause in the sitting as provided for in subparagraph 1(c);

(b)if the debate on the confirmation motion ends and the question is put before 2 p.m. on that day, Senators’ Statements, Routine Proceedings and Question Period shall be called starting at 2 p.m., or as soon as practicable thereafter, as if the sitting were starting at that time; and

(c)if the debate on the confirmation motion ends and the question is put on Friday, February 25, 2022, the sitting shall continue beyond that time or 4 p.m., as the case may be and if required, until the end of Government Business for the day, unless earlier adjourned by motion.

Hon. Marc Gold (Government Representative in the Senate): You asked two questions.

With respect to your first question, everyone in this chamber must think about the public’s opinion of our institutions. Canadians must have confidence in the work we do in the Senate and in our democratic institutions. That is important. We have a role to play as parliamentarians to ensure the public is more aware of the work we do so that we can help build confidence in our work and our institutions.

With respect to your second question, the answer is no. I am proud to be a senator and to represent the government. We are about to start a historic and unprecedented debate on the application of an act that helps bolster our democracy. Our job will be to ensure that the powers of the government, in this exceptional situation, are consistent with our democracy. I will have much more to say tomorrow when I speak to this issue.

Hon. Marc Gold (Government Representative in the Senate): As Government Representative in the Senate, I thank you for the question, senator.

I would point out that RCMP Deputy Commissioner Michael Duheme has emphasized the importance of the powers granted by the Emergencies Act, as well as the close cooperation that has been established with financial institutions to freeze the protesters’ funding sources.

The RCMP provided financial institutions with the names of the leaders and organizers, as well as people whose trucks were part of the blockades and illegal protests. At no time did they provide the financial institutions with a list of donors. I have been assured, senator, that the measures are targeted, that they are aimed solely at disrupting illegal activity in Canada, and that they are neither retroactive nor permanent.

These are exceptional circumstances, and these measures are appropriate within the framework of the orders issued by the government under the Emergencies Act.

As a final point, I have also been informed that, according to the statement issued by the RCMP today, officials are currently working with financial institutions to establish guidelines related to the freezing of bank accounts.

[English]

Hon. Marc Gold (Government Representative in the Senate): Thank you for your question. It does sound familiar, and I will endeavour to provide the best answer that I can, colleague.

The government does understand, and understands well, the important role that Registered Education Savings Plans play in allowing Canadians to save for future educational needs. My granddaughters have them. Many in this chamber are familiar with them.

As the Bankruptcy and Insolvency Act is fundamental marketplace framework legislation, it’s important to strike the proper balance between the competing interests of different stakeholders and the integrity of the insolvency regime when considering exemptions such as you have raised. Currently, RESP funds are not protected in the event of bankruptcy because the two conditions recommended by previous reviews of Canada’s insolvency legislation — namely, the locking in and the one-year cut-off — could not be met without undermining the policy objectives of RESPs. I’m advised that conditions such as those are critical to preserving the integrity of the insolvency regime and providing appropriate protections for all players party to this critical regime.

As you would know, RESP subscribers can access the capital contributed to the plan at any time, can open multiple RESP accounts for many individuals and, indeed, can use RESP funds for non-educational purposes. These features are important to encourage savings for educational purposes and to provide the necessary flexibility to return funds if a beneficiary cannot or does not want to pursue further studies. I have been advised that exempting RESPs from bankruptcy would create significant potential for abuse given these features.

All of that said, the government is committed to continuing to monitor Canada’s insolvency laws to ensure they remain responsive to marketplace changes and, of course, the needs of Canadians.