Amendments to the Content of Bills / Report Stage

Relevance; beyond scope of bill

Journals pp. 654-5

Debates p. 6435-6

Background

On June 4, before consideration at report stage of Bill C-219, an Act to establish the Canada Development Corporation, the Speaker expressed reservations about a motion in amendment by Mr. Stewart (Cochrane) which was intended to enable Members to be appointed to the Board of Directors of the CDC. On June 7, when the House resumed consideration of the bill, Mr. Francis (Ottawa West), on a point of order, argued that the motion in amendment contravened the Senate and House of Commons Act which prohibits Members from being nominated by the Crown to an office of emolument. After hearing additional comments, the Speaker ruled.

Issue

Can a motion in amendment seek to amend an act which is not before the House?

Decision

No. The motion in amendment is out of order.

Reasons given by the Speaker

The proposed motion in amendment is in the form of a substantive motion which goes significantly beyond the scope of the bill. Although it does not say so explicitly, it provides in essence that the Governor in Council could appoint Members to the Board of Directors, notwithstanding the provisions of the Senate and House of Commons Act. A motion may not be presented that amends an act not before the House, and that bears very little relationship to the bill that is in fact under consideration. In effect, the proposed motion removes from the Senate and House of Commons Act the provision that excludes Members from offices in the gift of the Crown to which an emolument or financial benefit is attached. Moreover, the Committee on Privileges and Elections is currently considering the matter, and no attempt should be made to settle the problem by amending the act until the Committee has reported.

Sources cited

Senate and House of Commons Act, R.S.C. 1970, e. S-8, s. 10.

References

Journals, June 4, 1971, p. 651.

Debates, June 4, 1971, p. 6375; June 7, 1971, pp. 6434-5.