Questions Related to Content of Bills / Hybrid Bill

Hybrid bill

Journals pp. 351-2

Debates pp. 3628-9

Background

On a motion for second reading of Bill C-219, an Act to establish the Canada Development Corporation, Mr. Baldwin (Peace River), having previously indicated his intention to speak against the motion, rose on a point of order. He maintained that the bill appeared to include characteristics of both a public and a private bill and should, therefore, be dealt with in a special manner as a hybrid bill. After hearing Members' comments, the Speaker ruled.

Issue

Is the bill in question a public or a private bill?

Decision

It is a public bill.

Reasons given by the Speaker

Numerous precedents indicate that where bills have combined private and public considerations, they have been treated as public bills. The present bill would appear to be a declaration of public policy and should be treated as a public bill. "... the fact that [a bill including both private and public considerations] may correspond to what is a hybrid bill... in the British House does not mean it should be treated in that way in our own Parliament ... [I]n the Canadian practice, bills are divided into private bills and public bills…  [T]here has been no instance [in Canada] where a bill has been clearly classified as a hybrid bill and given special consideration.

Sources cited

Bourinot, 2nd ed., pp. 686-95; 4th ed., p. 558.

Beauchesne, 4th ed., p. 274-5, c. 376; p. 275, c. 377; p. 337, c. 460.

May, 17th ed., pp. 490-1, 873.

Standing Order 1.

References

Bank of Canada Act, S.C., 1937, c. 43.

Debates, February 9, 1971, p. 3188; February 22, 1971, pp. 3617-28.