44th Parl. 1st Sess.
February 28, 2022 11:00AM
- Feb/28/22 11:07:17 a.m.
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Before proceeding, I would like to draw the House's attention to an unusual situation.
Members will note that a motion for revocation of the declaration of a public order emergency was filed with the Chair on February 21, in accordance with subsection 59(1) of the Emergencies Act. When it was filed with the Chair, the motion respected the criteria for being put on notice and was admissible. However, the declaration of a public order emergency was revoked by proclamation on February 23, 2022, between the time the motion was filed with the Chair and the time the House returned.
As we have seen in recent days, the act provides various control mechanisms allowing Parliament to confirm, revoke and continue a declaration of emergency. The primary vehicle of parliamentary control is a debate culminating in a decision taken on one of those three actions.
The motion filed with the Chair is expressly to revoke the declaration of a public order emergency, as of the date on which the motion would be adopted, even though the declaration is no longer in effect. Since there is no longer any reason for the motion, it has become null and void. The Chair thus orders that the order for consideration of the motion be discharged and that the motion be dropped from the Order Paper.
I thank members for their attention.
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The House will soon begin Private Members' Business for the first time in this Parliament. I would therefore like to make a brief statement to remind all members about the procedures governing Private Members' Business and the responsibilities of the Chair in the management of this process.
As members know, certain constitutional and procedural realities constrain the Speaker and members insofar as legislation is concerned. One such procedural point concerns whether or not a private member’s bill requires a royal recommendation. The Speaker has underscored this issue numerous times in past Parliaments.
As noted on page 835 of House of Commons Procedure and Practice, third edition:
Under the Canadian system of government, the Crown alone initiates all public expenditure and Parliament may authorize only spending which has been recommended by the Governor General. This prerogative, referred to as the “financial initiative of the Crown”, is the basis essential to the system of responsible government and is signified by way of the “royal recommendation”.
The requirement for a royal recommendation is grounded in section 54 of the Constitution Act, 1867. Its language echoes Standing Order 79(1), which reads:
This House shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by a message from the Governor General in the session in which such vote, resolution, address or bill is proposed.
As a result, any bill proposing to spend public funds for a new and distinct purpose, or effecting an appropriation of public funds, must be accompanied by a message from the Governor General approving the expenditure. This message, known formally as the royal recommendation, can only be transmitted to the House by a minister of the Crown.
A private member's bill that requires a royal recommendation may be introduced and considered right up until third reading on the assumption that a royal recommendation will be provided by a minister. However, if none is produced by the conclusion of the third reading stage, the Speaker may not put the question for passage at third reading.
Following the establishment or the replenishment of the order of precedence, the Chair has developed a practice of reviewing items so that the House can be alerted to bills that, at first glance, appear to infringe on the financial prerogative of the Crown. The aim of this practice is to allow members the opportunity to intervene in a timely fashion to present their views about the need for those bills to be accompanied or not by a royal recommendation.
The order of precedence having been established on February 9, 2022, I wish to inform the House of two bills which preoccupy the Chair. These are: Bill C-215, an act to amend the Employment Insurance Act (illness, injury or quarantine), standing in the name of the member for Lévis—Lotbinière; and Bill C-237, an act to amend the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act, standing in the name of the member for Bécancour—Nicolet—Saurel.
I would encourage members who would like to make arguments regarding the requirement for a royal recommendation with respect to these bills, or with regard to any other bill now on the order of precedence, to do so at an early opportunity.
I thank all the members for their attention.
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- Feb/28/22 2:36:44 p.m.
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- Feb/28/22 3:05:52 p.m.
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I am going to interrupt the hon. minister.
I am going to wait until everything calms down before we start up again. We started off really well and we are near the end. Let us see if we can make it extend a bit.
Hon. minister, please proceed.
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- Feb/28/22 3:11:27 p.m.
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All those opposed to the hon. member moving the motion will please say nay.
I hear none. The House has heard the terms of the motion. All those opposed to the motion will please say nay.
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- Feb/28/22 3:13:44 p.m.
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All those opposed to the hon. member moving the motion will please say nay. It is agreed.
The House has heard the terms of the motion. All those opposed to the motion will please say nay.
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- Feb/28/22 3:20:07 p.m.
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All those opposed to the hon. member moving the motion will please say nay.
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- Feb/28/22 3:20:46 p.m.
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I believe we are starting to get into debate here, so I am going to put the question. It is up to individuals to decide to give consent or not. I will leave it to individuals to make up their mind on that point.
All those opposed to the hon. member moving the motion will please say nay.
It is agreed.
The House has heard the terms of the motion. All those opposed to the motion will please say nay.
The motion is carried.
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- Feb/28/22 3:21:26 p.m.
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All those opposed to the hon. member moving the motion will please say nay.
It is agreed.
The House has heard the terms of the motion. All those opposed to the motion will please say nay.
The motion is carried.
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- Feb/28/22 6:29:38 p.m.
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The hon. member will have eight minutes and 30 seconds coming to her when the debate starts again, and she can take up where she left off.
Pursuant to an order made earlier today, the House shall now resolve itself into committee of the whole to consider Motion No. 10 under government business.
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- Feb/28/22 6:31:22 p.m.
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Before we begin this evening's debate, I would like to remind hon. members of how proceedings will unfold.
Each member speaking will be allotted 10 minutes for debate, followed by 10 minutes for questions and comments.
Pursuant to the order made earlier today, the time provided for the debate may be extended beyond four hours, as needed, to include a minimum of 16 periods of 20 minutes each. Members may divide their time with another member and the chair will receive no quorum calls, dilatory motions or requests for unanimous consent.
We can now begin tonight's take-note debate.
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- Feb/28/22 7:29:42 p.m.
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Before resuming debate, I would like to remind members that there are many people who would like to ask questions. Although members may feel somewhat ignored, the Chair is not ignoring you at all. Members will take turns, and we will ensure that everyone has the opportunity to ask a question in due course.
Therefore, I am asking you to please be patient and persevere, and every member will be able to ask their question.
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