Amendments and Subamendments to Motions / Relevance

Beyond scope of motion; substantive motion

Debates p. 3980

Background

On October 21, during debate on the motion to establish a Special Joint Committee on the Constitution of Canada, Mr. Nielsen (Yukon) moved an amendment to authorize the committee to table a minority report with its main report, and that any report signed by three or more members of the committee be tabled by the committee as a minority report. The Deputy Speaker expressed some doubts as to the admissibility of the proposed amendment and invited Members to comment while reserving his decision. The Speaker ruled two days later.

Issue

Can an amendment give powers to a committee which are contrary to the Standing Orders of the House?

Decision

No. The amendment is not admissible.

Reasons given by the Speaker

The amendment seeks to change the powers of the committee in a way which is not contemplated by the Standing Orders or practices of the House. Besides, the presentation of minority reports is not part of Canadian parliamentary practice. Moreover, if the amendment is accepted, it would amend the Standing Orders in an indirect way. Amendments to the Standing Orders can only be affected by unanimous consent or by a substantive motion following a 48-hour notice.

Sources cited

Beauchesne, 4th ed., p. 255, c. 319; 5th ed., p. 202, c. 641.

Journals, March 16, 1972, pp. 194-5.

References

Debates, October 21, 1980, pp. 3907-14.