Amendments to Motions on Progress of Bills / Third Reading

Recommittal; infringing on financial initiative of the Crown

Journals pp. 935-7

Debates pp. 7729-30

Background

During debate on the motion for third reading of Bill C-144, an Act to provide for the management of the water resources of Canada ..., Mr. Aiken (Parry Sound-Muskoka) moved that the bill be not now read a third time but be referred to the Standing Committee on National Resources and Public Works with instruction that the bill be amended to provide for "continuing scrutiny of the management of Canada's water resources", and, for purposes "of any additional expenditure, the Committee request a further recommendation by His Excellency the Governor General". The Speaker invited the Member to set forth his arguments supporting the admissibility of the amendment.

Issue

Can an amendment be moved at third reading to insert a new provision in a bill resulting in a financial expenditure?

Decision

No. The amendment is out of order.

Reasons given by the Speaker

It is a long-standing practice that an amendment on third reading has to be particularly relevant to the motion for third reading of the bill before the House and cannot deal with any matter not contained in the bill. The amendment proposes that "if there is any additional expenditure, the Committee would request a further recommendation by His Excellency the Governor General". The Members may not in this way do indirectly what they may not do directly. The financial initiative belongs to the Crown and not to a committee or to a Member. If the bill included the proposed amendment and became a law, this would make a rather unusual kind of legislative proposal, as it would be left to the Government to accept or reject the recommendation of the committee.

Sources cited

Beauchesne, 4th ed., p. 214, c. 249(1); p. 219, c. 260(1); p. 288, c. 418. May, 17th ed., p. 571.

References

Debates, June 4, 1970, pp. 7727-9.