Questions Related to Content of Bills / Discrepancy

Royal Recommendation

Journals pp. 108-10

Debates pp. 1064-5

Background

During debate on the motion for second reading of Bill C-144, an Act to provide for the management of the water resources of Canada ..., Mr. Baldwin (Peace River) raised a point of order. He objected that, in his view, certain clauses in the bill constituted an imposition of taxes and thus exceeded the terms of the Royal Recommendation.

Issue

Do bills that contain provisions for the imposition of a tax require a Royal Recommendation?

Decision

No: the imposition of a tax, unlike an appropriation, does not require a Royal Recommendation.

Reasons given by the Speaker

Section 54 of the BNA Act applies only to appropriations, not to the imposition of taxes. ''Assuming that the proposed fees are a taxation measure, ... proceedings on the bill could continue since the only condition imposed on a taxation measure is that it be introduced by a Minister of the Crown... [T]he Governor General's recommendation has no direct bearing on this procedure." On the other hand, if this is not a question of imposition of taxes, "the terms of the recommendation appear to be wide enough to cover any expenditure".

Sources cited

British North America Act, 1867, s. 54.

Standing Order 62(1).

Beauchesne, 4th ed., p. 221, c. 263(3); p. 223, c. 269.

Bourinot, 4th ed., p. 412 n. (b); p. 504.

References

Journals, April 24, 1878, pp. 200-1.

Debates, April 24, 1878, pp. 2154-8; November 20, 1969, pp. 1038-42.