Selected Decisions of Speaker James Jerome 1974-1979
Content of Bills / Infringing on Financial Initiative of the Crown
Infringing on financial initiative of the Crown (private Member's bill)
Journals p. 488
Debates pp. 5231-2
Background
On a motion for second reading of Bill C-235, an Act to amend the Old Age Security Act, standing in the name of Mr. Whittaker (Okanagan Boundary), Miss Campbell (Parliamentary Secretary to Minister of National Health and Welfare) raised a point of order. She maintained that the bill was not in order because it infringed on the financial initiative of the Crown.
Issue
Can a private Member's bill which requires a Royal Recommendation be considered by the House after first reading?
Decision
No. The bill is struck from the Order Paper.
Reasons given by the Deputy Speaker
Under Standing Order 62(1) any bill which might impose a financial burden on the public treasury is to be accompanied by a Royal Recommendation. Since this bill could impose such a financial burden and since it does not have a Royal Recommendation, the Speaker cannot allow the bill in its present form to be debated at this time.
The Chair has been put into this situation too often; in this instance, if there is to be a recommendation attached to the bill because of its money implications, it should be done now.
Authorities cited
Beauchesne, 4th ed., p. 221, c. 265.
Standing Order 62(1).
References
Journals, April 23, 1975, pp. 467-9.
Debates, April 23, 1975, pp. 5115-7; April 25, 1975, pp. 5227-31.