Amendments to the Content of Bills / Report Stage

Principle of the bill

Debates pp. 4231-2

Background

When the House proceeded to the report stage of Bill C-15 (Investment Canada Act) on April 23, 1985, the Speaker made a preliminary statement regarding the procedural acceptability of several motions, and invited comments from the Members before making a final ruling. In particular, the Speaker suggested that Motions Nos. 5 and 37, standing in the name of Mr. Langdon (Essex—Windsor), were out of order. In the opinion of the Chair, Motion No.5 would restrict the Minister's assistance to Canadian-owned businesses, thereby violating the principle of the bill. With respect to Motion No. 37, the Speaker thought the proposed amendment would cause the agency to review the assets of non-Canadians, thereby discriminating against them, which would be contrary to the purpose of the bill as agreed to at second reading. Mr. Langdon argued that the purpose of the bill provided for discrimination between different categories of enterprises, depending on whether they were Canadian controlled or foreign controlled. Mr. Hnatyshyn (President of the Privy Council) maintained that since one of the principles of the bill was to encourage investment in Canada by both Canadians and non-Canadians, Motion No.5 was clearly contrary to the principle of the bill.

Issue

Are the proposed amendments in order?

Decision

No. The motions are out of order.

Reasons given by the Speaker

Insofar as the purpose clause differentiates between Canadian and non-Canadian investors and significant investments by non-Canadians in Canada are reviewable, then there is "discrimination" in the bill. However, that discrimination is limited in scope, and these limitations are defined in subsequent clauses of the bill. By limiting the Minister's assistance to Canadian investors only, Motion No. 5 goes beyond the limited form of discrimination specified in the bill. Motion No. 37 also raises the mailer of discrimination against non-Canadians and goes against the purpose of the bill.

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References

Debates, April 23, 1985, pp. 3999-4000; April 25, 1985, pp. 4090-3.