Amendments to Motions on Progress of Bills / Second Reading

Reference of subject-matter to committee

Journals pp. 814-5

Debates p. 8148

Background

During debate on the motion for second reading of Bill C-231, an Act to define and implement a national transportation policy for Canada, Mr. Thomas (Middlesex West) proposed an amendment that "This House, while prepared to support the principle of a national transportation policy, is of the opinion that ... the subject-matter of this bill be referred to ... committee ... [for consideration and report] without prejudice to the further proceeding with the said bill later this session". Mr. Pickersgill (Minister of Transport) asked the Deputy Speaker to consider whether or not the amendment was in order. After hearing Members' comments, the Deputy Speaker ruled.

Issue

Can the subject-matter of a bill be referred to committee while keeping the bill on the Order Paper?

Decision

No. The amendment is out of order.

Reasons given by the Speaker

A bill cannot be referred to a committee before it has been read a second time. The phrase "without prejudice to further proceeding to the said bill later this session" is unclear. Since the subject-matter of a bill and the bill itself are two different things, it could be that the committee would be studying the subject-matter while the bill would be debated on second reading in the House. Further, the authorities state that the referral of the subject-matter of a bill to a committee is a declaration of policy. An amendment cannot approve the principle of a bill and also enunciate a declaration of policy.

Sources cited

Standing Order 77.

Debates, September 28, 1964, pp. 8521-2.

Beauchesne, 4th ed., p. 278, c. 386(1); pp. 280-1, c. 393.

References

Debates, September 7, 1966, pp. 8141-8.