Amendments to the Content of Bills / Report Stage

Deleting a clause

Journals pp. 698-9

Debates pp. 5490-1

Background

When the House proceeded to report stage consideration of Bill S-6, an Act respecting the Canada Trust Company, the Speaker expressed reservations as to the acceptability of the motion in amendment proposed by Mr. Saltsman (Waterloo). The object of the motion was to delete Clause 1 of the bill and, because there was only one clause to the bill, the Speaker expressed concern that this was an indirect way of allowing Members to vote against the bill. Since the applicable rules on report stage were new, the Speaker asked for guidance· from Members before ruling.

Issue

Can a motion in amendment to delete a clause, even to a bill which has only one clause, be moved at report stage?

Decision

Yes. The motion in amendment is acceptable.

Reasons given by the Speaker

In Committee of the Whole the motion is to adopt a clause. If, at that stage, a Member moves an amendment to delete a clause, it would constitute an expanded negative, which is contrary to the Standing Orders. However, because at report stage there is no motion to adopt a clause, a motion in amendment to delete stands by itself and it is acceptable. Even though in this case the proposed motion in amendment could be interpreted as an indirect way of inviting Members to vote against the bill, it is difficult to distinguish between a motion to amend a bill containing only one clause and a motion to amend a bill containing two or three clauses. For these reasons the motion in amendment should be accepted.

Sources cited

May, 17th ed., p. 566.

References

Debates, February 13, 1969, pp. 5484-90.