Selected Decisions of Speaker Peter Milliken 2001 - 2011

The Legislative Process / Stages

Report stage: motions in amendment; motion to restore the content of a bill defeated

Debates, p. 1179

Context

On June 13, 2007, the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities reported back to the House Bill C-284, An Act to amend the Canada Student Financial Assistance Act (Canada access grants). The Bill was devoid of all content, having been stripped by the Committee of its title and all of its clauses.[1] On November 21, 2007, the House voted against motions at report stage that proposed to restore the content of the Bill, thereby leaving it an empty bill.[2] (Editor’s Note: The Bill was reported back to the House during the previous session but, as it was a private Member’s bill, it was deemed to have passed all stages completed in the previous session pursuant to Standing Order 86.1.)

Resolution

On November 21, 2007, following the votes at report stage, the Speaker declined to put the question on the motion to concur in the Bill. Citing Standing Order 94(1)(a), which provides the Chair with the authority to ensure the orderly conduct of Private Members’ Business, he ruled that the Order for consideration of the Bill at report stage be discharged and that it be dropped from the Order Paper.

Decision of the Chair

The Speaker: The vote just taken has left Bill C-284 empty of all content. As far as I know, the House is now in a situation that is unprecedented in the circumstances and it seems to me that a brief review of the events that have led us to this point is appropriate.

On June 13, 2007, the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities reported Bill C-284 back to the House but Bill C-284 had been eviscerated in committee, that is, the Bill had been stripped of its title and all of its clauses.

At report stage, motions were proposed to restore Bill C-284, its original title, that is, An Act to amend the Canada Student Financial Assistance Act (Canada access grants) and all its original clauses. By defeating these motions to restore Bill C-284 to its original form, the House has chosen to leave it as an empty or blank bill.

Ordinarily, following the House’s decision on report stage amendments, the question is put on the concurrence in the Bill at report stage. In the present case, however, there is no content in which to concur since the House has effectively agreed with the Committee’s actions in stripping Bill C-284 to its present blank form.

As nothing remains of Bill C-284 except the bill number, the Chair is obliged to exercise the authority provided by Standing Order 94(1)(a) to ensure the orderly conduct of Private Members’ Business.

I therefore rule that the Order for consideration at report stage of Bill C-284, An Act to amend the Canada Student Financial Assistance Act (Canada access grants), be discharged and that the Bill be dropped from the Order Paper.

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[1] Eighteenth Report of the Standing Committee on Human Resources, Social Development and the Status of Persons with Disabilities, presented to the House on June 13, 2007 (Journals, p. 1519).

[2] Journals, November 21, 2007, pp. 191-2.

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