My understanding of the private bill
procedure is that it was established to protect the public against the
uncontrolled granting of special powers to private interests. I believe that
there is no quarrel about this interpretation.
Speaker Lucien Lamoureux
(Debates, February 22, 1971, p. 3628)
T
he distinction between public and private
legislation has been inherited from British
practice. [1]
Private
bills differ from public bills by their intent, content and method of passage.
By definition, the purpose or intent of a private bill is to confer special
powers or benefits upon one or more persons or body of persons; or to exclude
one or more persons or body of persons from the general application of the law.
A public bill may be broadly described as a bill which deals with a matter of
public policy for the benefit of the community at large and is introduced
directly by a Member of the House. On the other hand, a private bill relates
directly to the affairs of an individual or group of individuals, including a
corporation, named in the bill; the bill seeks something which cannot be
obtained by means of the general law and is founded on a petition from an
individual or group of
individuals. [2]
Private bills must not be confused with
private Members’ bills. Although private bills are sponsored by private
Members, the term “private Member’s bill” refers to public
bills dealing with a matter of public policy introduced by Members who are not
Ministers.
Private bills are subject to special rules
in both Houses of Parliament. Since private bills ask Parliament to adjudicate
upon the interests of private parties and to be watchful over the interests of
the public, they are said to involve Parliament in both a judicial capacity and
a legislative
capacity. [3]
Private
bills can originate in either the House of Commons or the Senate, although most
private bills originate in the Senate where the fees and charges imposed on the
promoter are less. [4]
Private bills must pass through the basic procedural stages common to all
legislation; they must also meet certain parliamentary requirements which
distinguish them procedurally from all other types of bills.
Private bill procedure is unique in its
origins, forms and principles and has changed very little since 1867. While they
are now relatively rare, private bills once constituted a large part of the
legislative business of the House. In the early years of Confederation, the
House dealt with a large volume of private legislation to establish companies to
build and operate railways and to incorporate interprovincial companies since no
other legal authority allowed such corporations to be formed. In addition,
private bills requesting the dissolution of marriages occupied much of the
House’s time because Parliament had been granted the exclusive
jurisdiction to legislate with respect to marriage and divorce.
Today, private legislation accounts for
only a minuscule percentage of House
business. [5]
Most
private bills now deal with the incorporation of, or amendments to the acts of
incorporation of, religious, charitable and other organizations and of
insurance, trust and loan
companies. [6]
In recent
years, private legislation has been used for the amalgamation of insurance
companies and the revival of small business corporations which have previously
been dissolved. [7]
Although the reasons for this decrease in the passage of private bills vary, it
is to a large degree due to changes to the general law, such as the
Dissolution and Annulment of Marriages Act in
1963, [8]
and the
Marriage (Prohibited Degrees) Act in
1990, [9]
and
administrative mechanisms found in present acts such as the Canada Business
Corporations
Act, [10]
the
Canada Corporations
Act [11]
and the Bank Act. [12]
This chapter explains in general terms the
kinds of bills classed as private, describes the principles of private bill
procedure and how they are applied, and gives an overview of the particularities
of the legislative process for such bills in the House of
Commons.
Nature of Private Bills
A private bill may benefit the private
interest of a particular individual or group of individuals in one of two
ways: [13]
- The bill may supplement the general
law by granting the beneficiary power to do something which cannot be done
otherwise; or
- The bill may alter the general law
by exempting the beneficiary from some existing legal
obligation.
Thus, a bill which allows a group of
individuals to form a type of corporation not provided for in the general law
would be an example of a bill which supplements the general
law. [14]
A bill which
exempts an existing corporation from a general provision of a statute applicable
to all such corporations would be an example of a private bill which derogates
from the general
law. [15]
Legislation
which authorizes the marriage of two blood relations would be another example of
a bill exempting one or more persons from the general
law. [16]
A bill may affect the private interest of
an individual or a defined class of individuals and yet not be considered a
private bill. [17]
In
order that a bill be designated as private, it should not and cannot include any
feature of public policy because such characterization would transcend any
private nature it may
have. [18]
A bill
should be introduced as a public bill when it affects public policy, when it
proposes to amend or repeal a public act, or when it affects a large area and
multiplicity of interests. [19]
Principles of Private Bill Procedure
As the Speaker noted in 1971, private bill
procedure was established to protect the public against the uncontrolled
granting of special powers to private
interests. [20]
The
person or organization affected petitions Parliament to grant some extraordinary
favour set down in a bill. The facts upon which the bill is based are examined
by both Houses of Parliament. If deemed necessary, the committee to which the
private bill is referred may call witnesses to testify, and the committee will
adjudicate whether the need for the bill has been demonstrated. Thus, in
considering private bills, Parliament acts in both a judicial and legislative
capacity. Like a court, Parliament will hear all parties involved and decide
whether or not the interests of private parties justify additional rights or
exemptions from the general law; as a legislature overseeing the passage of a
bill, it is watchful over the interests of the
public. [21]
Four fundamental principles underlie and
define private bill procedure as set out in the Standing Orders and the
procedural
authorities. [22]
These
principles may be expressed in the following terms:
- A private bill should only be passed at
the explicit request of the persons who are to benefit from the
legislation.
- Pertinent information regarding a
private bill should be made available to all interested
persons.
- All persons or bodies affected by a
private bill should be heard and the need for the bill
demonstrated.
- The financial burden of considering a
bill for the benefit of private interests should not be borne solely by the
public treasury.
These principles are examined in detail in the pages that follow.
Principle 1. A Private Bill Should only be Passed at the Explicit Request of the Persons who are to Benefit from the Legislation
In the decision to proceed with a private
bill, there is a balance to be achieved between the undoubted right of
Parliament to initiate legislation and the recognition of the ancient
fundamental right to petition Parliament for the redress of
grievances. [23]
Unlike
a public bill, which may be introduced after 48 hours’ notice either by
the government (in the person of a Minister) or by a private Member, a private
bill is only presented after a private Member has filed with the Clerk of the
House a petition from the applicant for a private
bill. [24]
It is well
recognized in the Canadian House of Commons that Ministers may not sponsor
private bills as the Crown cannot petition
itself. [25]
The rules respecting public petitions
generally apply to petitions for private
bills [26]
(see Chapter 22, “Public Petitions”). A private bill petition is presented to the
House by a private Member who has signed the back of the petition and who will
be acting as sponsor of the private
bill. [27]
The petition
for a private bil sets out the reasons why special legislation is requested,
explaining what that legislation is intended to accomplish, and concludes with
an explicit request for such legislation to be enacted. The petition must bear
the signatures of the persons who are requesting the legislation and who are to
benefit from it. The sponsor is responsible for ensuring that the form of the
petition complies with the requirements set down in the Standing
Orders. [28]
The Member
may present the petition at any time during a sitting by filing it with the
Clerk of the
House. [29]
The usual
practice, however, is for the petitioner for a private bill, or the
petitioner’s parliamentary agent (see below), to deposit the petition with
the Clerk of Petitions (a House official responsible for examining and reporting
to the House on the form of petitions) who, after having the petition endorsed
by the sponsoring Member, sees that it is filed with the Clerk of the
House.
In addition to filing a petition, the
applicant must deposit a copy of the bill, in English or French, with the Clerk
of the House not later than the first day of the session if the bill is to
originate in the
House. [30]
An official
appointed by the Clerk, acting as Examiner of Private Bills, examines and, if
necessary, revises the bill before it is printed to ensure that it is drafted in
accordance with the Standing Orders of the
House. [31]
Unlike a public bill which is introduced by
either a Minister or a private Member and subsequently “belongs” to
the House of Commons, a private bill belongs to the applicant and not to the
Member of Parliament sponsoring the bill or to the House. Should the applicant
decide not to proceed any further with the bill, the committee to which the bill
was referred after second reading will report back to the House
accordingly. [32]
Although under no obligation to do so, the
promoter of a private bill may choose to be represented before the House or any
of its committees by someone who may or may not be a member of a provincial bar;
this person is known as the promoter’s “parliamentary agent”.
While a Member of Parliament must agree to present the petition and sponsor the
bill, a Member cannot serve as parliamentary
agent. [33]
In order
for someone to act as parliamentary agent, that person must be so authorized by
the Speaker and is personally responsible to the Speaker for the observance of
the rules, practices and procedures of
Parliament. [34]
The
parliamentary agent acts as advisor and counsel for the petitioners throughout
the various stages leading to the passage of the private bill and is responsible
for the payment of all charges and fees prescribed by the Standing Orders.
No person may act as a parliamentary agent
during any session without first paying a fee of
$25. [35]
The person
must also be involved in promoting or opposing a private bill or petition
pending in Parliament during that session. However, because most private bills
originate in the Senate, the parliamentary agent is registered and pays the $25
fee only if asked to represent the promoter before a House committee. Any
parliamentary agent who willfully violates the Standing Orders or practices of
Parliament or who deliberately behaves in an unbecoming manner when conducting
proceedings before Parliament is liable to be barred, at the discretion of the
Speaker, either permanently or temporarily, from exercising his or her duties as
a parliamentary agent. [36]
Principle 2. Pertinent Information Regarding a Private Bill should be made Available to all Interested Persons
The procedural requirements found in the
Standing Orders respecting notice at various stages of private bills are not
only directed towards Members but also to the public. The purpose of these
notice provisions is to ensure that any person whose interests may be affected
by the requested private legislation is sufficiently notified so that he or she
may oppose or support the bill, in whole or in part, before its
passage.
At the beginning of each session, the Clerk
of the House publishes in the Canada
Gazette [37]
the
Standing Order respecting notices of applications for private bills. [38]
Thereafter, a note referring to the previous publication of this Standing Order
is published each week in the Canada
Gazette. [39]
The Standing Orders also require that
applicants for private bills place a notice of their intention to apply for a
bill once a week for four consecutive weeks in the Canada
Gazette. [40]
The
published notice should set out the intent of the proposed legislation, indicate
during which session it is to be applied for, who the applicant is, and the
address of the applicant or the applicant’s parliamentary
agent. [41]
In certain
cases, notices must also be sent to certain officials and be published in local
newspapers. [42]
The
applicant must provide proof of the publication of the notice by means of a
statutory declaration (affidavit) sent to the Clerk of the
House. [43]
Since Members of Parliament may be asked to
speak on behalf of the promoter or opponent of a bill, certain notices regarding
the meetings of the committee on a private bill are posted by the Clerk of the
House throughout the parliamentary precinct and appended to the Journals
for a specified period of time before the committee
sits. [44]
In the case
of a bill originating in the Commons, there must be one week’s notice of a
committee meeting; in the case of a bill originating in the Senate, the notice
period is 24 hours. Lists of all private bills referred to committee, specifying
the committee and dates on or after which the bills can be considered, as well
as lists of all committee meetings must also be
posted. [45]
Moreover,
no significant amendment to a private bill may be proposed in the House unless
one day’s notice has been
given. [46]
Finally, in addition to the notices,
certain records regarding each private bill are kept by the staff of the House,
and these records are open for public
inspection. [47]
Records are kept of general information pertaining to the person or group
applying for the bill or to the parliamentary agent, to the fees paid, and to
the proceedings on the bill.
Principle 3. All Persons or Bodies Affected by a Private Bill Should be Heard and the Need for the Bill Demonstrated
Since a private bill makes certain
assertions which are put forth in support of the request for legislation, they
should be proven before Parliament agrees to enact the legislation being sought.
The legislative function of Parliament demands that each measure be given due
deliberation and orderly consideration. The judicial-like proceedings
surrounding private bill practice demands, in addition, that those concerned be
heard, or at the very least be given the opportunity to be
heard.
The decision of the House to give second
reading to a private bill does not mean that the House has approved the
principle of the bill as is the case for a public bill. Rather, the House has
given the bill a second reading conditional upon a committee’s finding
that the assertions contained in the petition and repeated in the bill’s
preamble have been
proven. [48]
While a
preamble is optional in a public bill, it is essential in all private
bills. [49]
The
procedure thus requires that a private bill be sent to committee so that
opponents of the bill may be heard. Another reason why it is sent to committee
is so that Parliament can satisfy itself that the matters raised in the preamble
of the bill are true and that the provisions of the bill are a proper response
to those assertions. The bill as reported from the committee, with or without
amendments, may be said to be the committee’s decision on the
petitioner’s request. [50]
Private bills typically relate to subjects
of a particular character, some of them purely personal, and thus do not evoke
extensive debate in the House. The private interests being asserted by them,
however, may occasionally infringe on other private rights. In this respect, the
committee on a private bill carries out not just a legislative function but sits
in a quasi-judicial capacity, hearing all parties concerned and ruling on
whether the petitioner’s request should be granted. The committee must
also be vigilant in preventing frauds from being perpetrated on Parliament by
cross-examining the promoters on their claims made in the bill’s
preamble. [51]
The committee on a private bill does not
hear witnesses in the same sense that a committee studying a public bill does.
The promoter of the bill, who may or may not be represented by counsel, appears
before the committee as the petitioner for relief of a legislative nature which
the courts and governmental agencies cannot provide. The promoter, as opposed to
the committee, may call witnesses to support the assertions put forth in the
preamble of the
bill. [52]
Any opponents of a bill, whether or not
represented by counsel, may also address the committee and may call witnesses in
support of their position when the committee begins consideration of the
particular clause or clauses being
opposed. [53]
However,
before an opponent of a private bill may be heard in committee, a petition
against that part of the bill found to be objectionable must first be presented
to the House. The petition must state the grounds for the objection; it is
presented to the House on the opponent’s behalf by a Member who may submit
it to the Clerk of the House at any time while the bill is under consideration
in the House or in committee. After the Clerk of Petitions has reported that the
petition is in conformity with the rules, it is deemed referred to the committee
studying the bill. [54]
The promoter may challenge the locus standi, or right to appear, of any opponent by
questioning whether the opponent’s interests would really be affected by the
proposed legislation. The committee alone has the power to decide whether an
opponent has standing and should be heard. [55]
If the opponent is heard, the promoter may
cross-examine the opponent and the opponent’s witnesses, and the opponent may
likewise cross-examine the promoter and the promoter’s witnesses. However, the
opponents may only be heard on the grounds stated in their petition. [56]
If the committee does not feel that the grounds
stated in the petition are specific enough, the committee may request that the
opponent to the bill provide a more specific statement. [57]
No petitioners will be heard against the
preamble unless in their petition they specifically ask to be heard against
it. [58]
When
the parliamentary agent is addressing the committee, or while witnesses are
under examination, the committee room is an open court, but when the committee
deliberates, all the agents, witnesses and strangers are ordered to withdraw and
the committee sits in camera. When the committee has
come to a decision, the doors are opened and the Chair informs the parties of
the committee’s decision. [59]
Principle 4. The Financial Burden of Considering a Bill for the Benefit of Private Interest Should not be Solely by the Public Treasury
Since
a private bill is for the benefit of private interests, the financial burden of
considering such a bill should not be borne solely by the public treasury. It is
in recognition of this principle that the Standing Orders set out fees and
charges which are imposed on the promoter and which must be paid before the bill
can proceed. [60]
Any
person who wishes to have a private bill enacted must deposit with the Clerk of
the House, on the first day of the session, a copy of the bill in either French
or English. A sum of money sufficient to cover the printing and translation
costs must be paid at this time. [61]
After second reading of the private bill, but
before its consideration by a committee, the applicant must pay the cost of
printing the Act in the statutes and a fee of $500. [62]
If the purpose of the bill is to increase a
company’s capital stock, additional charges may be levied based on a scale found
in the Standing Orders and corresponding to the requested capital stock
increase. [63]
Other charges, such as for an exemption from a
particular Standing Order, or for reprinting a bill amended in committee, may
also be levied. A statement of these charges is prepared by a House
official [64]
and remitted to the promoter or parliamentary
agent who subsequently deposits the fees with the Clerk of the House. [65]
In practice, however, no additional charges are
imposed for most private bills even when committee meetings are held and the
proceedings published. The fees paid on a private bill that has not become law
may be refunded. [66]
The
House has, on occasion, waived its fees for private bills. In the early years of
Confederation, fees were frequently waived, [67]
especially when no commercial interests were
affected. [68]
More recently, prior to the rule changes in
1994, [69]
when petitions for private bills had to be
introduced within the first six weeks of a session, the House often saw fit to
waive its fees for late petitions. [70]
Form of a Private Bill
The
form of a private bill is similar to that of a public bill with the exception
that it must have a preamble, containing the following formula:
Whereas (the person/corporation named) has by its petition
prayed that it be enacted as hereinafter set forth and it is expedient to grant
the prayer of the said petition: Therefore Her Majesty, by and with the advice
and consent of the Senate and the House of Commons, enacts, as
follows: [71]
In
addition to the above wording, the preamble typically spells out in detail the
reasons the person or corporation wishes to have a private bill enacted. While
in some instances the preamble is short and straightforward, [72]
most preambles are lengthy and may include a
history of a corporation concerned. [73]
During the first 20 years of Confederation, private bills
were drafted in a haphazard way. Members of the House of Commons and the
committees to which private bills stood referred complained frequently that
private bills were not uniformly framed and often contained provisions which
committees had objected to in other private bills. In response to these
complaints, the House adopted, in 1883, a recommendation from the Standing
Committee on Railways, Canals and Telegraph Lines. It stated that any private
acts of incorporation should include specific clauses from the general act
relating to such bills. [74]
In 1887, after further study by a special
committee, a model bill was drawn up to which all bills of incorporation had to
conform. [75]
The
Standing Orders stipulate that any bill for an Act of incorporation must conform
with a model bill, which can be obtained from the Clerk of the House. [76]
The objective is to ensure that all pertinent
information is made available. Any provisions in the proposed bill which are not
in accord with the model bill must be inserted between brackets or
underlined. [77]
When a private bill amends an existing Act, the
new text must be underlined and the existing text printed in the right-hand page
opposite the proposed text. [78]
When a private bill proposes to repeal certain
clauses or sections of an existing Act, these clauses or sections must be
indicated opposite the repealing clause. [79]
A brief explanatory note giving the reasons for
any clause of an unusual nature or which differs from the model bill clauses
must be printed opposite the clause in the bill. [80]
Finally, if the bill is for the purpose of
confirming any agreement, a verified copy of such agreement must be
attached. [81]
If
the promoter of any private bill decides to present the bill first in the House
of Commons, he or she should meet with a legislative counsel of the House who
can assist in the drafting of the bill in accordance with the rules and
practices of Parliament. [82]
The legislative counsel can also advise the
petitioners on the various preliminary stages in the passage of a private bill
(for example, when the notices are published in the Canada Gazette or in newspapers) and, when requested,
advises the committee examining the private bill of any provisions in it which
are in variance with the general law and of any unusual provisions deserving
special attention.
Legislative Process for Private Bills
Private bills are subject to the same procedural
requirements as public bills: they must have three separate readings and be
given a detailed study by a committee. [83]
Bills originating in the Senate retain their
Senate bill number during passage through the House. [84]
Those private bills originating in the House
are numbered consecutively beginning with C-1001. Private bills are considered
during the time provided for Private Members’ Business. However, as explained
earlier in this chapter, while a private bill must be sponsored by a private
Member in the House, it is not considered as a private Member’s bill because it
is introduced at the request of a private person outside Parliament.
Filing of the Petition
As
soon as a petition for a private bill is received, the Clerk of Petitions asks
the Member who will be acting as the sponsor to endorse the petition by signing
the back of it. [85]
It is then filed with the Clerk of the House
and recorded in that day’s Journals. [86]
The petition must bear the original signatures
of the persons who are requesting the legislation and who are to benefit from
it. [87]
In the case of a petition from a corporation,
the petition must bear the corporate seal as well as the signatures of the
authorized officials of the corporation. The signatures must appear at the end
of the prayer, [88]
and where there are three or more petitioners,
at least three of the signatures must follow the prayer on the same
page. [89]
Although the Standing Orders are not explicit as to whether
a petition is required for a private bill originating in the Senate to be
considered by the House, the long-established practice is for the promoter of
the bill to petition each House separately. [90]
With a private bill originating in the Senate,
the usual practice is for the Member acting as the sponsor to file the petition
with the Clerk of the House after the bill has received second reading in the
Senate.
Report of the Clerk of Petitions
The
day after the petition is recorded in the Journals,
the Clerk of Petitions files a report with the Clerk of the House indicating
whether the petition meets the requirements of the Standing Orders and the
practices of the House as to form and content. If the petition does meet the
requirements, it is deemed read and received [91]
and will be deemed referred to the committee
which will be studying the private bill after second reading. [92]
If the petition is deemed inadmissible, it
cannot be received by the House as it stands, and the private bill based thereon
cannot be submitted to the House. [93]
No debate is allowed on the report of the Clerk
of Petitions. [94]
Report of the Examiner of Petitions for Private Bills
Once
the petition for a private bill has been received by the House, an official of
the House acting as the Examiner of Petitions for Private Bills examines the
petition and the published notices to ensure that the requirements have been met
regarding notice and the number of times it has been advertised in the Canada Gazette. [95]
The Examiner of Petitions for Private Bills
then files a report with the Clerk of the House on whether the requirements
regarding notice have been observed by the applicant. [96]
Should the Examiner report that notice has in
some way been deficient or defective or that there is some doubt in the matter,
the Examiner’s report and the petition are deemed referred to the Standing
Committee on Procedure and House Affairs. [97]
If a private bill originating in the Senate is
sent to the Commons without being based on a petition received in the House, the
Examiner of Petitions compares the terms of the preamble of the bill with the
required notices and proceeds exactly as if a petition had been
received. [98]
Committee Proceedings on the Publication of Notices
If a
report of the Examiner of Petitions has been referred to the Standing Committee
on Procedure and House Affairs, the Committee may call before it the Member of
Parliament who presented the petition for a private bill as well as the
applicant or the parliamentary agent. After hearing their explanations, the
Committee decides whether or not the petition should be acted on and under what
conditions. The Committee presents a report to the House regarding any
deficiencies or defects found in the notices and recommends the course it deems
appropriate in the circumstances. [99]
For example, the Committee may recommend that
certain provisions of the Standing Orders be suspended, the grounds for which
are included in the report. Should the Committee not recommend that the Standing
Orders be suspended, the House cannot consider the bill based on the
petition. [100]
After the Committee’s report has been tabled,
the Chair of the Committee or the Member who presented the petition will usually
move concurrence in the report. [101]
First Reading of the Bill
After
either the Examiner of Petitions for Private Bills or the Standing Committee on
Procedure and House Affairs has reported that the notice requirements have been
satisfied (i.e., the applicants published a notice of intent in the Canada Gazette and provided proof of this publication),
any private bill originating in the Commons may be laid upon the Table by the
Clerk of the House. [102]
It is then deemed to have been read a first
time, ordered to be printed, ordered for a second reading and added to the
bottom of the Order of Precedence for Private Members’ Business. [103]
It is designated a votable item for the
purposes of Private Members’ Business. [104]
A
private bill originating in the Senate is deemed to have been read a first time
and ordered for a second reading at a subsequent sitting of the House as soon as
a message is received from the Senate advising that it has passed the
bill. [105]
It is also placed at the bottom of the Order of
Precedence for Private Members’ Business and considered a votable item. [106]
Second Reading and Reference to a Committee
Unlike a public bill which is founded on reasons of public
policy and which the House, in agreeing to its second reading, accepts and
affirms in principle, the expediency of a private bill is mainly founded upon
assertions to be proven in committee. The practice is for the House to agree to
the second reading of a private bill; in doing so, it affirms the principle of
the private bill, subject to a committee finding that the assertions set down in
the preamble are true. [107]
The amendments which can be moved at second
reading are the same as those which can be moved to the motion for second
reading of a public bill (i.e., a hoist amendment, a reasoned amendment and
motion to discharge the order for second reading). [108]
Committee Consideration
Although the Standing Orders require that all private bills
be referred to a legislative committee after second reading, the House of
Commons regularly gives unanimous consent to take the committee stage in a
Committee of the Whole since most private bills originate in the
Senate. [109]
However, where the House has received a
petition against the bill or Members feel the bill warrants further examination,
it is usually referred to a committee. [110]
The
first business of the committee is to prove the preamble of the bill, that is,
to substantiate the assertions contained in the bill’s preamble and on which the
rest of the bill is based. The promoters, or their parliamentary agent, present
their case for the accuracy of the assertions and the appropriateness of the
solution provided by the provisions of the bill. Any opponents, or their
parliamentary agent, may present grounds for opposition to the bill or to some
part of it. If any part of the preamble is not proven to the committee’s
satisfaction, then it may strike from the bill both that part of the preamble
and those provisions which pertain to the unproven assertions. The committee may
also prefer to report that the preamble was found not proven and that the bill
should not be proceeded with. Any such report must include the reason for any
material change to the preamble of the bill or why the preamble was found not
proven. [111]
Finally, the committee may amend the preamble
either by striking out or modifying any assertions that may not have been
substantiated to their satisfaction or by expunging any assertions the promoters
may be desirous of withdrawing.
After
the preamble has been considered and proven to the satisfaction of the
committee, it reviews the bill clause by clause and amendments may be moved. The
amendments made to a private bill by a committee ought not to be so extensive as
to constitute a different bill from that which has been read a second
time. [112]
All questions before the committee are decided
by a majority of votes. The Chair may vote twice: once with the other members of
the committee on any question, and then a second time if the first vote results
in a tie. [113]
The Chair initials the clauses of the bill when
they are passed, with or without amendments, and signs the bill. [114]
Once
the deliberations on the bill have been completed, the committee is required to
report the bill back to the House, with or without amendments. [115]
If a
committee reports to the House that the preamble was not proven, the bill is not
placed on the Order Paper unless by special order of
the House. [116]
If the committee reports to the House that the
bill contains provisions which were not contemplated in the notice or petition,
the bill is not placed on the Order Paper until the
Examiner of Petitions reports on the sufficiency or otherwise of the notice or
petition to cover such provisions. [117]
Since
the bill belongs to the promoter and not to the Member in charge of ushering the
bill through the House, the promoter may inform the committee at any time that
he or she does not wish to proceed any further with the bill. [118]
This is reported to the House and the bill is
withdrawn. [119]
Report Stage and Third Reading
These
two stages are governed by the Standing Orders relating to Private Members’
Business (see Chapter 21, “Private Members’ Business”). If a private bill is
considered at the report stage, one day’s notice of all amendments to the bill
must be given at this stage of the proceedings. [120]
During the third reading stage, the same
amendments that may be proposed during third reading of a public bill may be
moved (i.e., a hoist amendment, a reasoned amendment and an amendment to
recommit the bill to committee).
Passage and Royal Assent
If a
private bill which has originated in the House is passed in the same form by the
Senate, the bill receives Royal Assent and becomes law. If it is amended by the
Senate, a message is sent informing the House of the amendments. Between 1945
and 1978 (the last time a private bill originated in the House), no amendments
were made by the Senate to private bills originating in the House. In the early
years of Confederation, the Senate often amended private bills which had
originated in the House. The House would typically read the amendments a second
time and pass them. [121]
On occasion, if amendments were substantive as
opposed to “merely verbal or unimportant”, the House would refer the amendments
back to the committee which originally studied the bill. [122]
If these amendments were agreed to by the
committee in a report to the House, they were considered by the House. [123]
If the amendments were read a second time and
passed by the House, a message was sent informing the Senate accordingly and the
bill then received Royal Assent. If the committee disagreed with the amendments,
it reported accordingly to the House. The House then sent a message to this
effect to the other Chamber if it concurred in the committee’s report. [124]
If a
private bill which has originated in the Senate is passed by the House in the
same form, the bill receives Royal Assent and becomes law. If the House of
Commons has passed the bill with amendments, a message is sent to the Senate
requesting concurrence in the amendments. Subsequently, a message is received
from the Senate agreeing or disagreeing with the amendments. If the amendments
are concurred in by the Senate, a message is sent informing the House of its
concurrence and the bill then receives Royal Assent. [125]
If the Senate does not agree with the
amendments, it informs the House accordingly.