Amendments to the Content of Bills / Report Stage

Beyond scope of bill; setting a condition

Journals p. 807

Debates pp. 6985-6

Background

During report stage consideration of Bill S-5, an Act to amend the Oil and Gas Production and Conservation Act, Mr. Barnett (Comox-Alberni) proposed a motion in amendment, on behalf of Mr. Howard (Skeena), that this act shall come into force following a settlement mutually acceptable to the Crown and the native people of the North. The Acting Speaker (Mr. Bechard) ruled immediately.

Issue

Can a motion in amendment attach a condition to the coming into force of the bill?

Decision

No. The motion in amendment is out of order.

Reasons given by the Acting Speaker

The motion in amendment seeks to introduce the question of treaty rights of certain people in the north. It is therefore in the nature of a substantive motion and is beyond the scope of the present bill. An amendment is also out of order if it is dependent upon amendments already negatived. Because this same motion has already been proposed during consideration of a different bill and ruled out of order, the same decision must apply on this occasion.

Sources cited

Beauchesne, 4th ed., p. 285, c. 406. Journals, June 5, I969, p. I125.

References

Debates, June 5, 1969, pp. 9801-5.