Questions Related to Content of Bills / Royal Consent

Royal Consent

Journals pp. 201-2

Debates pp. 2039-40

Background

During debate on the motion for third reading of Bill C-175, an Act respecting grain, Mr. Baldwin (Peace River) rose on a point of order. He pointed out that provisions in the bill establish a financial penalty which when imposed "becomes the property of the Queen in the right of Canada". However, the bill also allowed the Canadian Grains Commission to waive this penalty. This waiver, he claimed, must receive Royal Consent prior to or at third reading because the consent of the Crown must be given to a bill which affects the Crown prerogative in any particular. The Deputy Speaker heard comments from Members and ruled later that day.

Issue

Is Royal Consent required before the passage of a bill that would allow financial penalties to be waived?

Decision

No. The debate on third reading can continue.

Reasons given by the Deputy Speaker

A distinction has been recognized between the personal property of the Sovereign and property that the Sovereign may hold for his or her subjects. Royal Consent, generally speaking, is required where the Sovereign's personal property is affected. Such consent is not required for this bill to receive third reading.

Sources cited

Debates, August 2, 1963, pp. 2981-2.

Beauchesne, 4th ed., p. 231, c. 283.

Campion, G., An Introduction to the Procedure of the House of Commons, 3rd ed., (London, 1958), p. 329.

References

Debates, December 14, 1970, pp. 2031-4.