Amendments to Motions on Progress of Bills / Second Reading

Point of order; provisions in bill referring to other bills under study

Journals p. 359

Debates p. 3712

Background

On February 19, during debate on the motion for second reading of Bill C-224, an Act relating to ambient air quality and to the control of air pollution, Mr. McGrath (St. John's East) raised a point of order to claim that the bill was not properly before the House because certain provisions were consequential upon Parliament's passing Bill C-207, an Act respecting the organization of the Government of Canada, presently being considered in the Committee of the Whole. Bill C-224 defined "the minister" as the Minister of the Environment, while Bill C-207 contained a clause proposing the creation of the Department of the Environment. The Chair heard the arguments on the point of order and the debate was concluded on the second reading motion, but the putting of the question was deferred until after the ruling was given on February 24.

Issue

Can the House proceed with second reading of a bill that contains provisions related to another bill not yet adopted?

Decision

Yes. The bill is properly before the House and the question for second reading can be put.

Reasons given by the Speaker

The House should not be put in a position where contrary decisions could be taken in respect of two similar bills in the same session. In this case, as no final decision had been taken on any particular clause of either bill, there is "nothing procedurally wrong in having before the House at the same time concurrent or related bills which might be in contradiction with one another either because of the terms of the proposed legislation itself or in relation to proposed amendments".

References

Debates, February 19, 1971, pp. 3582-4, 3592-3.