Amendments to Motions on Progress of Bills / Third Reading

Recommittal; setting a condition

Debates pp. 10545-7

Background

During debate on the motion for third reading of Bill C-259, an Act to amend the Income Tax Act ..., Mr. McCleave (Halifax-East Hants) proposed that the bill be not now read a third time but be referred to Committee of the Whole, with instruction that the bill be amended by replacing certain provisions of a clause and by adding that the bill "shall not come into force and have effect as law until a day to be fixed by a proclamation that shall be subject to affirmative resolution of the House of Commons". The Acting Speaker (Mr. Lanie!) expressed doubts about the acceptability of the final part of the amendment; that is, that the proclamation would be subject to affirmative resolution of the House of Commons. He invited the Members to comment.

Issue

Is the amendment acceptable as proposed?

Decision

Only with the deletion of the final part of the amendment. [By unanimous consent, the final part of the amendment was withdrawn and the amendment then put to the House.]

Reasons given by the Acting Speaker

The Chair maintains strong reservations about the acceptability of the amendment as the second part appears to limit Parliament's power by subjecting what it has already passed to further affirmative resolutions, which makes up only one part of the parliamentary system. However, with the deletion of this condition after the word "proclamation", the amendment may be put.

References

Debates, December 16, 1971, pp. 10534-6, 10542-7.