Amendments to the Content of Bills / Report Stage

Beyond scope of clause and bill; infringing on financial initiative of the Crown

Journals pp. 863-4

Debates p. 7265

Background

During report stage consideration of Bill C-102, an Act to amend the Patent Act, the Trade Marks Act and the Food and Drugs Act, a motion in amendment was proposed by Mr. Saltsman (Waterloo) to establish a Crown corporation empowered to manufacture, sell, distribute and promote drugs offered for sale in Canada. The Deputy Speaker expressed certain misgivings about the motion, but refrained from making his decision until after hearing comments from Members.

Issue

Is a motion in amendment acceptable if it treats matters in addition to the subject of the clause it seeks to amend?

Decision

No. The motion in amendment is not in order.

Reasons given by the Deputy Speaker

The clause to be affected by the motion in amendment "deals only with the making of regulations respecting imported drugs. The amendment, if adopted, would necessitate the setting up of a Crown corporation for the purpose, among other things, of manufacturing drugs in Canada, and in doing so goes well beyond the purpose of the bill and would have the effect of creating a public charge."

Sources cited

May, 17th ed., pp. 549, 551.

References

Debates, March 28, 1969, pp. 7264-5.