Amendments to Motions on Progress of Bills / Second Reading

Reference of subject-matter of the Royal Recommendation to Committee of the Whole

Journals p. 270

Debates p. 2609

Background

During debate on the motion for second reading of Bill C-193, an Act to amend the Northern Canada Power Commission Act, Mr. Nielsen (Yukon) proposed an amendment that the bill be not now read a second time but that the subject-matter of the recommendation in relation to the bill be referred to Committee of the Whole. The Deputy Speaker expressed some reservations about the acceptability of the amendment because it sought to change "the procedural aspect of the motion" by suggesting that the House might be able to propose directives regarding the Royal Recommendation. The Deputy Speaker heard comments from Members and ruled later that day.

Issue

Can the subject-matter of the Royal Recommendation be referred to a committee?

Decision

No. The amendment is out of order. [With unanimous consent, Mr. Nielsen redrafted his amendment to refer the subject-matter of the bill to a task force. This too raised procedural difficulties.]

Reasons given by the Deputy Speaker

The amendment is not relevant; it proposes that the subject-matter of the Royal Recommendation rather than the subject-matter of the bill, be referred to Committee of the Whole. The Royal Recommendation is not before the House in any legal or formal sense; rather, it is attached or annexed to a bill only for the convenience of Members. It cannot, therefore, be considered. Although some precedents suggest that the subject-matter of a bill or an amendment could be referred to a standing or select committee or an established entity, commission or agency, there seems to be no precedent providing for a referral at this stage of the proceedings to Committee of the Whole.

Sources cited

Beauchesne, 4th ed., p. 171, c. 203(1).

References

Debates, January 20, 1971, pp. 2593-600.