Amendments to the Content of Bills / Report Stage

Infringing on financial initiative of the Crown

Journals pp. 92-4

Debates pp. 958-60, 962-3

Background

As the House was proceeding to the report stage consideration of Bill C-124, an Act to amend the Unemployment Insurance Act, 1971 (No. 1), the Speaker expressed doubts concerning the acceptability of the three motions in amendment that had been filed. While the purpose of the bill was to remove any financial ceiling on expenditures under the Act, two of the three motions in amendment, proposed by Mr. Alexander (Hamilton West) and Mr. Nielsen (Yukon), sought, among other things, to fix a $900 million ceiling. The third, proposed by Mr. Baldwin (Peace River), attempted to substitute for the removal of the ceiling, a clause deeming the loan authorized by the Act to be an appropriation. After receiving comments from Members, the Speaker made his ruling.

Issue

Are motions in amendment acceptable if they have as their effect an alteration of the Royal Recommendation or if they constitute a rejection of the bill?

Decision

No. None of the motions in amendment is in order.

Reasons given by the Speaker

An amendment that in some way changes the objects, purposes, conditions and qualifications of the Royal Recommendation cannot be brought forward. Amendments are only in order if they fall within the terms of the resolution. The amendments are outside the ambit of the Royal Recommendation and appear to go beyond the principle of the bill itself. The third amendment is a "new proposition" and tends to reverse the principle of the bill as agreed to on second reading. In response to points raised during the discussion, the Speaker noted that an amendment seeking to delete the only clause in a bill would probably not be in order: "...  at that point it becomes extremely difficult, if not impossible, to find an amendment that is procedurally in order."

Sources cited

Standing Order 75.

Beauchesne, 4th ed., p. 207, c. 246(3); p. 216, c. 250(4).

May, 17th ed., p. 550; 18th ed., pp. 509,695.

References

Debates, February 5, 1973, pp. 952-8.