Selected Decisions of Speaker James Jerome 1974-1979
Amendments and Subamendments to Motions / Amendment Beyond Scope of Motion
Amendment beyond scope of motion
Journals p. 1278
Debates p. 13359
Background
When, during private Members' hour on February 3, the House was considering a motion standing in the name of Mr. Nielsen (Yukon) requesting the application of constitutional principles to the two Territories, Mr. Symes (Sault Ste. Marie) proposed an amendment seeking to have the motion referred to the Standing Committee on Indian Affairs and Northern Development and to authorize the Committee to travel and hear witnesses. The Acting Speaker (Mr. Turner) questioned the acceptability of the amendment and reserved judgment on it while allowing the debate to continue.
Issue
Is an amendment to a private Member's motion which refers the motion to a committee acceptable?
Decision
The amendment is out of order because it is a substantive motion.
Reasons given by the Acting Speaker
Only certain motions can be received when a question is under debate, according to Standing Order 46. The amendment falls under none of the categories listed.
The amendment raises a new question not contemplated in the original notice of motion of Mr. Nielsen.
The amendment is in fact a substantive motion and cannot be considered except as such after due notice.
Authorities cited
Beauchesne, 4th ed., p. 171, c. 203(5).
Standing Order 46.
References
Journals, February 3, 1975, p. 267.
Debates, February 3, 1975, pp. 2854-5.