Routine Proceedings / Ways and Means Motion

Tabling of notice; acceptability

Debates p. 2833

Background

Mr. Andre (Calgary Centre) rose on a point of order regarding the tabling during Routine Proceedings by Mr. Lalonde (Minister of Energy, Mines and Resources) of notice of a Ways and Means motion to amend the Petroleum Administration Act. Mr. Andre argued that to amend charges under a provision of the Act, it would be necessary to table a bill to that effect, not merely give notice of a Ways and Means motion, and that consequently the procedure followed by the Minister was out of order. After hearing Members' comments, the Speaker reserved her decision. Later the same day the Speaker rendered her decision.

Issue

Can the Chair rule on the substance of a notice of a motion of Ways and Means?

Decision

No. The procedure followed by the Minister in tabling the notice is in order.

Reasons given by the Speaker

The parent act was in fact initiated by both a Ways and Means motion and notice of motion for introduction with an accompanying royal recommendation, although the provision of the parent act which is now to be amended was not covered in the original Ways and Means motion. There has been considerable argument about the legality of the particular procedures which the Minister is choosing but the Chair can never pronounce upon issues of a legal nature. The substance of that motion, or the effect of that notice, can be of no concern to the Chair. The Chair can only rule on questions of order and in this case the Minister has acted within the ambit of the Standing Orders.

References

Debates, July 11, 1980, pp. 2800-1, 2813-9.