Amendments to the Content of Bills / Report Stage

Motion in amendment, beyond scope of bill

Journals pp. 772-3

Debates pp. 8288-9

Background

On June 10, the Speaker made a statement to the House on his assessment of the motions in amendment which had been filed for the report stage consideration of Bill C-2, an Act to amend the Combines Investigation Act and the Bank Act ... Concerning Motion 6 standing in the name of Mr. Stevens (York—Simcoe), the Chair expressed certain reservations because the amendment sought to have particular aspects of the legislation referred to the Supreme Court of Canada by way of some sort of reference. Despite these misgivings, the Chair reserved its decision until October 16 when arguments were heard on the matter.

Issue

Is a motion in amendment acceptable if it alters the normal legislative process and seeks a reference to the Supreme Court of Canada?

Decision

No, the amendment is not acceptable; it is beyond the scope of the bill.

Reasons given by the Speaker

The motion exceeds the scope of the bill in several relevant particulars, notably in referring to clauses of statutes not currently before the House.

The Chair considers it "repulsive to any Act of Parliament that it should contain within it a condition that the Act must be referred in any part or in any particular to any other body for interpretation before it comes into force . . . Certainly it goes beyond the scope of the bill . . . which seeks only to amend certain clauses of another act."

References

Journals, June 10, 1975, pp. 618-9.

Debates, June 10, 1975, pp. 6606-7; July 15, 1975, pp. 7607-8; October 16, 1975, pp. 8286-8.