Amendments to the Content of Bills / Report Stage

Infringing on financial initiative of the Crown

Journals p. 358

Debates pp. 2974-5

Background

During report stage consideration of Bill C-9, an Act to amend the Small Businesses Loans Act, Mr. Downey (Battle River) proposed a motion in amendment having financial implications. Mr. Gray (Minister without Portfolio), on a point of order, stated that two years earlier an amendment of a similar nature had been ruled out of order because it modified the terms of the Royal Recommendation. The Speaker heard Members' comments before he ruled.

Issue

Can a Member move a motion in amendment that modifies the conditions and qualifications set out in the Royal Recommendation?

Decision

No. The motion in amendment is out of order.

Reasons given by the Speaker

According to established practice, "The guiding principle in determining the effect of an amendment upon the financial initiative of the Crown is that the communication, to which the royal demand of recommendation is attached, must be treated as laying down once for all (unless withdrawn and replaced) not only the amount of a charge, but also its objects, purposes, conditions and qualifications." Consequently, even if there appears to be some sympathy on both sides of the House for the intent of the proposed amendment, it is not in order.

Sources cited

Beauchesne, 4th ed., pp. 206-7, c. 246. Debates, October IO, 1968, pp. 1047-9.

References

Journals, January 29, 1970, p. 357.

Debates, January 29, 1970, pp. 2972-4.