Amendments to the Content of Bills / Committee Stage

Relevance; beyond scope of resolution

Journals p. 119

Debates p. 1049

Background

During consideration in Committee of the Whole of Bill C-111, an Act to amend the Farm Improvement Loans Act, Mr. Horner (Crowfoot) proposed an amendment to a clause to broaden its terms to include "other financial institutions" in addition to those already specified as authorized lenders under the Act. Mr. Gray (Minister without Portfolio) rose on a point of order to object to the amendment, and the Deputy Chairman (Mr. Bechard) ruled that the amendment was unacceptable because it went beyond the terms of the resolution which preceded the bill. Mr. Horner appealed the ruling to the Speaker.

Issue

Can an amendment to a clause of a bill go beyond the terms of the resolution which preceded it?

Decision

No. The amendment is out of order and the decision of the Deputy Chairman is sustained.

Reasons given by the Speaker

If the words of the proposed amendment do not enlarge the terms of the clause, then the amendment is redundant and superfluous. If they do enlarge the terms of the clause, they must be examined to determine whether the amendment is consistent with the detailed provisions of the resolution preceding the bill. In this case, the proposed amendment would affect the conditions and qualifications set out in detail in the resolution approved by the House prior to receiving the bill.

Sources cited

Beauchesne, 4th ed., p. 207, c. 246(3).

References

Debates, October 10, 1968, pp. 1046-9.