Amendments to the Content of Bills / Report Stage

Scope of the clause, financial initiative of the Crown

Debates p. 10083

Background

At report stage of Bill C-48 (Family Orders Enforcement Assistance Act), Motion No. 1, standing in the name of Mr. Kaplan (York Centre), and Motion No. 2, standing in the name of Mrs. Fines tone (Mount Royal), each sought to amend the bill to create an agency to oversee the enforcement of maintenance and custody orders. Motion No. 2 further provided that the members of the proposed agency would serve without remuneration.

Issue

Is it in order to amend a bill to create an agency not envisaged in the bill, in particular an agency whose members are not paid?

Decision

No. Neither motion is in order.

Reasons given by the Speaker

The creation of an agency whose members are paid would entail the expenditure of moneys from the Consolidated Revenue Fund and so require a Royal Recommendation. While the creation of an agency whose members are to serve without remuneration would circumvent the problem of infringement on the financial initiative of the Crown, both proposals to create an agency go beyond the scope of the clauses they seek to amend.

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Sources cited

Beauchesne, 5th ed., p. 233, c. 773(7). Journals, March 28, 1969, pp. 862-3.