Questions Related to Content of Bills / Infringing on Financial Initiative of the Crown

Infringing on financial initiative of the Crown

Journals pp. 561-2

Debates p. 6690

Background

On January 18, the Speaker proposed to leave certain bills with financial implications introduced on January 15 on the Order Paper until they were called, at which time he would hear arguments as to their acceptability. Before second reading consideration of Bill C-33, an Act to provide for the constitution of a Federal Transport Commission of Inquiry, sponsored by Mr. Forrestall (Dartmouth-Halifax East), the Acting Speaker (Mr. Laniel) expressed doubts about the acceptability of the bill. In his view it infringed on the Crown's financial initiative. The Chair invited Members' comments before ruling.

Issue

Can a bill be introduced if it involves a charge on the public revenue but lacks a Royal Recommendation?

Decision

No. Such a bill is out of order.

Reasons given by the Acting Speaker

It is clear that a certain clause in the bill "definitely calls for the expenditure of money by Parliament" and thus infringes on the Crown's financial initiative. A private Member may not introduce a bill that imposes a charge on the treasury and lacks a Royal Recommendation.

Sources cited

Beauchesne, 4th ed., p. 214, c. 249; p. 269, c. 362.

References

Journals, January 15, 1973, pp. 33-4; January 18, 1973, p. 48.

Debates, January 15, 1973, pp. 265-6; January 18, 1973, p. 444; September 18, 1973, pp. 6688-90.