Selected Decisions of Speaker Andrew Scheer 2011 - 2015

The Legislative Process / Stages

Report stage: sponsor not moving concurrence

Debates, p. 3259

Context

On February 26, 2014, the sponsor of Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), Brent Rathgeber (Edmonton—St. Albert), rose on a point of order following the defeat of eight report stage motions he had proposed in amendment. These eight motions sought to bring the Bill back to a state that resembled the original version he had introduced by amending alterations to the content of the Bill at committee stage.[1] He explained that since all motions in amendment at report stage that were standing in his name had been defeated, the Bill now bore no resemblance to the original version he had introduced at first reading. Consequently, he announced that he would not move the motion for concurrence at report stage of the Bill.

Resolution

The Speaker ruled immediately. He explained that since the two hours of debate prescribed for report stage and third reading were exhausted and that the report stage motions had been disposed of, all questions necessary to dispose of the Bill had to be put immediately to the House. However, since the sponsor of the Bill had indicated he would not move the motion to concur in the Bill as amended at report stage, the Speaker, pursuant to Standing Order 94,[2] ruled that the order for concurrence at report stage of the Bill be discharged and the Bill dropped from the Order Paper.

Decision of the Chair

The Speaker: The House now seems faced with what seems to be an unprecedented situation. Since the two hours of debate prescribed for report stage and third reading have concluded and the report stage motions have been disposed of, all questions necessary to dispose of the Bill should now be put immediately to the House, pursuant to Standing Order 98(4).[3]

However, the sponsor of the Bill, the hon. Member for Edmonton—St. Albert, has indicated that he does not wish to move the motion to concur in the Bill as amended at report stage. Members will recall that pursuant to Standing Order 94,[4] the Speaker may make all arrangements necessary to ensure the orderly conduct of private Members’ business.

Accordingly, I rule that the order for concurrence at report stage of Bill C-461, An Act to amend the Access to Information Act and the Privacy Act (disclosure of information), be discharged and the Bill be dropped from the Order Paper.

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[1] Three amendments to Bill C-461 were adopted during clause-by-clause study by the Standing Committee on Access to Information, Privacy and Ethics (Minutes of Proceedings, June 5, 2013, Meeting No. 84).

[2] See Appendix A, “Cited Provisions: Standing Orders of the House of Commons”, Standing Order 94.

[3] See Appendix A, Standing Order 98(4).

[4] See Appendix A, Standing Order 94.

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