Amendments to the Content of Bills / Report Stage

Adding preamble; amending parent act

Journals pp. 394-5

Debates pp. 4624-5

Background

During the report stage consideration of Bill C-133, an Act to amend the Housing Act, Mr. Woolliams (Calgary North) proposed a motion in amendment that would add a preamble to the enacting clause of the bill. The Speaker expressed "very serious reservations as to certain procedural aspects of the motion", particularly because the motion in amendment sought to go behind the bill and amend the parent act, contrary to established practice. The Speaker invited procedural comments from the Members and then gave his ruling.

Issue

Can a motion in amendment seek to amend an enacting clause or add a preamble affecting the parent act rather than the amending bill?

Decision

No. Enacting clauses cannot be amended and any amendments to a bill must be relevant to that bill and not seek to amend a parent act not currently before the House.

Reasons given by the Speaker

No amendments can be moved "to the granting or enacting words of bills for granting aids or supplies to the Crown, or to the enacting words of other bills". Moreover, this specific motion in amendment seeks to amend the enacting clause in order to introduce a preamble to the parent act. This is not in order because an act which is not actually before the House cannot be amended.

Sources cited

Beauchesne, 4th ed., p. 283, c. 398.

May, 18th ed., pp. 508, 519.

References

Debates, June 11, 1973, pp. 4620-4.