Amendments to the Content of Bills / Report Stage

Amending parent act

Journals pp. 1042-3

Debates pp. 8368-9

Background

During report stage consideration of Bill C-212, an Act to amend the Yukon Act, the Northwest Territories Act and the Territorial Lands Act, Mr. Nielsen (Yukon) proposed four similar motions in amendment to add a clause to the bill that would have the effect of changing the role of the Commissioner by amending a section of the parent act. The Speaker invited Members' comments before he ruled.

Issue

Can a motion in amendment add a clause to a bill which would alter a provision of the parent act?

Decision

No. Such a motion in amendment is inadmissible.

Reasons given by the Speaker

Even if a section of the parent act is indirectly before the House through a subclause of the bill and even if the Royal Recommendation refers to this section, this does not mean that the section itself is in the bill and can be amended. It is impossible at any stage of consideration to introduce an amendment that goes beyond the terms of the bill itself. Motions in amendment must be relevant to the bill before the House and cannot seek to amend the parent act.

Sources cited

Beauchesne, 4th ed., p. 285, c. 406.

May, 17th ed., p. 549.

References

Journals, June 19, 1970, p. 1041.

Debates, June 19, 1970, pp. 8366-8.