Content of Bills / Omnibus

Omnibus

Journals pp. 777-81

Debates pp. 5522-4

Background

On May 9, Mr. Leggatt (New Westminster) sought an order of the Chair that Bill C-51, entitled an Act to amend the Criminal Code, the Customs Tariff, the Parole Act, the Penitentiary Act and the Prisons and Reformatories Act, be divided because it was an omnibus bill containing a number of amendments to the Criminal Code. Mr. Leggatt argued that the practice which allows a Member to demand the division of a motion containing distinct propositions also applies to bills.

Issue

Can a Member demand the division of a bill, especially if the bill is of an omnibus character?

Should a Member be compelled to decide with one vote a bill dealing with several questions which, even though not contradictory, are quite independent from one another?

Decision

The Chair declines to make the order. There are no grounds for extending the practice of allowing the division of a substantive motion to bills.

Reasons given by the Speaker

The practice in respect of dividing substantive motions has never been extended to bills.

The Speaker agrees that a Member ought to have the right to compel the House to vote on each separate question. The Chair suggests that among the devices open to Members for this purpose is the motion to delete, pursuant to Standing Order 75(5). The motion allows a Member to isolate those sections of a bill which he feels ought not to be amended or ought to be voted separately, without offending the principle of the bill.

Authority and precedent cited

Standing Order 75(5).

Journals, January 23, 1969, pp. 616-8; January 26, 1971, pp. 283-5.

References

Debates, May 9, 1977, pp. 5408-9, 5430-7.