Questions Relating to the Content of Bills / Classification of a Bill as Public or Private

April 15, 1985

Debates pp. 3699-700

On April 2,1985, during debate at second reading of Bill C-19 (Bell Canada Act), Mr. Althouse (Humboldt—Lake Centre) asked the Deputy Speaker to consider whether the bill had been correctly brought before the House as a public bill. He referred to the fact that previous Acts establishing the powers under which Bell Canada operates had been introduced as private bills. The Deputy Speaker took the matter under advisement.

Issue

Should the bill have been introduced as a private bill?

Decision

No. The bill is properly before the House as a public bill.

Reasons given by the Speaker

The definitions and principles outlined by the various authorities should make the determination of whether a bill is public or private fairly straightforward. However, Canadian practice has not always been consistent. The bill in question deals with a company incorporated under the Canada Business Corporations Act in 1982, but the same company was first incorporated by private legislation in 1880. The bill makes provision for duties and obligations which the company must follow, but it also places restrictions on the company obviously not found elsewhere. Thus the bill at once provides for exceptions to the general law and at the same time imposes obligations on the company and gives the Canadian Radio-Television and Telecommunications Commission authority over it. In 1971 a similar discussion took place regarding Bill C-219 (Canada Development Corporation Act). Speaker Lamoureux stated in his ruling that "in order that a bill be designated as private it should not and cannot include any feature of public policy because such characterization will transcend any private nature it may have." It is clear in the case of Bill C-19 that while it does affect private interests, it also affects public policy. The conclusive argument is found in Clause 3 of the bill where it is stated that in the event of inconsistencies between this Act and any other Act of Parliament, this Act will prevail. Such a provision could only be included in a public bill since a private Act, being an exception to the general law, could not prevail over any other Act of Parliament.