Amendments to the Content of Bills / Report Stage

Infringing on financial initiative of the Crown

Journals pp. 994-5

Debates pp. 8004-5

Background

At the outset of Report Stage consideration of Bill C-4, an Act to amend the Canada Corporations Act and other statutory provisions ..., the Speaker made a statement to the House respecting the acceptability of the motions in amendment that had been filed. Of these, two proposed by Mr. Lambert (Edmonton West) were questioned because they would give judges a discretionary authority to recommend that the Crown pay court costs incurred by individuals in certain circumstances, thus imposing a possible financial charge to the Crown. After hearing comments from Mr. Lambert and other Members, the Speaker ruled.

Issue

Can a motion in amendment impose a financial charge on the Crown?

Decision

No. The motion in amendment is out of order.

Reasons given by the Speaker

Motions in amendment or new clauses creating public charges cannot be proposed if a money resolution or ways and means resolution has not been passed. Furthermore, charges that are not covered by a Royal Recommendation cannot be proposed for acceptance by the House. If these amendments were adopted, they would create a financial charge on the Crown.

Sources cited

May, 17th ed., pp. 551, 695-704, 803.

References

Journals, June 11, 1970, pp. 993-4.

Debates, June 11, 1970, pp. 8001-4.