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House Hansard - 117

44th Parl. 1st Sess.
October 25, 2022 10:00AM
Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 10:08:45 a.m.
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Is that agreed? Some hon. members: Agreed.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 11:35:35 a.m.
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  • Re: Bill C-31 
Following the presentation earlier today of the fifth report of the Standing Committee on Health on Bill C-31, an act respecting cost of living relief measures related to dental care and rental housing, the Chair wishes to draw the attention of members to a procedural issue related to amendments adopted by the committee during clause-by-clause consideration of the bill. As the House knows, the Speaker does not normally intervene in committee matters. However, in cases where a committee has exceeded its authority, particularly in relation to bills, the Speaker has a responsibility to ensure that certain fundamental rules and practices are properly observed. As Speaker Fraser explained on April 28, 1992, at page 9801 of the Debates: When a bill is referred to a standing or legislative committee of the House, that committee is only empowered to adopt, amend or negative the clauses found in that piece of legislation and to report the bill to the House with or without amendments. The committee is restricted in its examination in a number of ways. It cannot infringe on the financial initiative of the Crown...no matter how tempting this may be. The two amendments in question relate to part 2 of Bill C-31, which would enact the rental housing benefit act and provide the establishment of a one-time rental housing benefit for eligible persons who have paid rent in 2022 for their principal residence and who apply for the benefit. The first amendment would modify clause 3 of the bill, which proposes to modify, in subsection 4(2) of the rental housing benefit act, the calculation of the 30% rent-to-income threshold set out in paragraph 4(1)(g), by increasing the percentage of the payment to be taken into account for rent payments that include board or other services from 75% to 90%. The second amendment seeks to amend the same clause and proposes to eliminate, in subsection 4(3) of the rental housing benefit act, the rule that would reduce the amount of rent taken into account in the calculation of the 30% rent-to-income threshold. This is set out in paragraph 4(1)(g), paid in 2022 by cohabiting spouses or common-law partners living separately on the reference day. The chair of the committee ruled each amendment inadmissible because they lacked the required royal recommendation. Both decisions were challenged and overturned. The committee then debated each amendment and adopted them. The committee chair was correct in the assessment of both amendments relaxing the eligibility criteria for the rental housing benefit. This would result in a greater charge on the treasury than is provided for in the bill since more people could have access to the benefit. Page 772 of House of Commons Procedure and Practice, third edition, reminds us that: Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation. Consequently, these amendments need to be accompanied by a royal recommendation. While the Chair appreciates the difficulties that can arise when examining a bill in committee, it is important to remember that a committee must carry out its mandate without exceeding its powers. By adopting an amendment that infringes on the financial initiatives of the Crown, a committee exceeds its powers. Consequently, the Chair must declare null and void the two aforementioned amendments to clause 3 of Bill C‑31, adopted by the Standing Committee on Health, and direct that the amendments no longer form part of the bill as reported to the House. In addition, I am ordering that a reprint of Bill C-31 be published as early as possible for use by the House at report stage to replace the reprint ordered by the committee. I thank members for their attention.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 2:10:24 p.m.
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The hon. member for Nepean.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 2:33:55 p.m.
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The hon. member for Lakeland.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 2:36:14 p.m.
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I would like to remind the hon. members, and I know it gets passionate sometimes, to please place their questions and comments through the Speaker. I want to assure the minister I did not do or say a thing. The hon. member for Charlesbourg—Haute-Saint-Charles.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 2:39:03 p.m.
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Order. From the top, the hon. member for Beloeil—Chambly.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 2:50:45 p.m.
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The hon. member for Hamilton Mountain.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:12:17 p.m.
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Also with us are the winners of the Natural Sciences and Engineering Research Council's John C. Polanyi Award, Brockhouse Canada Prize for Interdisciplinary Research in Science and Engineering, Synergy Awards for Innovation and the Arthur B. McDonald Fellowships. Some hon. members: Hear, hear!
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:12:17 p.m.
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I would also like to draw the attention of members to the presence in the gallery of Louise Bernice Halfe — Sky Dancer, the ninth parliamentary poet laureate. Some hon. members: Hear, hear!
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:12:17 p.m.
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I wish to draw the attention of members to the presence in the gallery of the 2022 Gerhard Herzberg Canada Gold Medal for Science and Engineering prize winner, Lenore Fahrig. Some hon. members: Hear, hear!
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:15:22 p.m.
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If I can have members' attention, it is a very serious item and each and every member does take an oath. However, we do have a precedent set here on page 209, chapter 4 of the 3rd edition of Bosc and Gagnon. Let me quote it. ...the Speaker was asked in 1990 to rule on the sincerity of a Member’s solemn affirmation. Speaker Fraser ruled that the Chair was “not empowered to make a judgement on the circumstances or the sincerity with which a duly-elected Member takes the oath of allegiance. The significance of the oath to each Member is a matter of conscience and so it must remain”.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:16:43 p.m.
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I am not going to stand here and argue back and forth. What I will do is look at it deeper, look at different options and come back to the House should I see fit.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:18:07 p.m.
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It being 3:16 p.m., pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred recorded on the motion to concur in the sixth report of the Standing Committee on Citizenship and Immigration. Call in the members.
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Context: House Hansard - 117 - Oct/25/22
The Speaker
  • Oct/25/22 3:30:01 p.m.
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I declare the motion carried.
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