Amendments to the Content of Bills / Report Stage

Relevance; beyond scope of bill

Journals pp. 910-1

Debates pp. 7613-4

Background

During report stage consideration of Bill C-144, an Act to provide for the management of the water resources of Canada ..., the Deputy Speaker expressed some reservations about the motion in amendment in the name of Mr. Harding (Kootenay West) which would give the Minister wide authority over the physical construction or extension of any plant or works when these actions might result in the deposit of prohibited waste in waters. The Chair stressed the fact that this motion presented a related and comprehensive proposal that appeared to be independent of any provision of the bill, and invited Members' comments before ruling.

Issue

Is a motion in amendment in order if it is not related to any particular clause of the bill?

Decision

No. The motion in amendment is out of order.

Reasons given by the Deputy Speaker

A motion in amendment is out of order if it is irrelevant to the subject-matter or beyond the scope of the bill. The very completeness of the proposal constitutes the procedural weakness. The Member has presented not a motion to amend but a substantive legislative proposal that seems to be independent and beyond the scope of the bill.

Sources cited

Beauchesne, 4th ed., p. 285, c. 406. May, 17th ed., p. 549.