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House Hansard - 235

44th Parl. 1st Sess.
October 19, 2023 10:00AM
Context: House Hansard - 235 - Oct/19/23
The Speaker
I am now ready to rule on the point of order raised on Thursday, September 21, by the member for Bay of Quinte concerning Bill C-339 and Bill C-56. Bill C-339, an act to amend the Competition Act (efficiencies defence), standing in the name of the member for Bay of Quinte, received first reading on June 8 and was added to the order of precedence on September 20. Bill C-56, an act to amend the Excise Tax Act and the Competition Act, received first reading on Thursday, September 21, and is currently being debated in the House at second reading. In his intervention, the member for Bay of Quinte noted that the government had presented a bill which contains the same provisions as his private member's bill. The member sought assurance from the Chair that, if required, he would have recourse to replace his bill with another item according to the provisions of the Standing Orders. The parliamentary secretary to the government House leader countered that it would be premature to consider the matter until the Subcommittee on Private Members’ Business and the Standing Committee on Procedure and House Affairs had completed their work pursuant to Standing Order 91.1 and presented a report to the House. Bill C‑339 contains only two clauses, which are identical to clauses 9 and 10 of Bill C‑56. Bill C-339 seeks to repeal the provision of the Competition Act setting out the “efficiencies defence”, which prevents the Competition Tribunal from making an order if it finds that the likely gains in efficiency will be greater than the effects of any lessening of competition resulting from a merger. Bill C-56 aims to repeal the exception brought about by mergers involving efficiency gains, while also establishing a framework to conduct an inquiry, permitting the Competition Tribunal to make certain orders, as well as amending the Excise Tax Act. It is my understanding that the Subcommittee on Private Members’ Business held a meeting on Thursday, October 5, to determine whether the bills added to the order of precedence on September 20 should remain votable or not. While the subcommittee and the Standing Committee on Procedure and House Affairs have not yet made a final recommendation to the House concerning Bill C-339, the official process has not yet run its course. It would therefore be premature for the Chair to make any determination on this matter at this time. There is an opportunity to resolve the concern raised through the Subcommittee on Private Members' Business and the Standing Committee on Procedure and House Affairs, which are the designated bodies for considering items added to the order of precedence. I trust that the usual process will be followed in accordance with the rules and practices of the House. If a procedural issue remains after that process is complete, the Chair is open to considering the matter. I thank all members for their patience and attention.
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Context: House Hansard - 235 - Oct/19/23
The Speaker
The Chair would also like to make a statement on the management of Private Members' Business. The consideration of legislative measures involves certain procedural issues of a constitutional nature that impose constraints that the Speaker and the members must address. As a consequence, every time the order of precedence is replenished, the Chair reviews the bills added to draw the House's attention to those that appear, at first glance, to infringe the financial prerogative of the Crown. This enables members to rise in a timely manner to present their views on whether these bills require a royal recommendation. Accordingly, following the addition of 15 new items to the order of precedence on Wednesday, September 20, two items concern the Chair. First, Bill C-353, an act to provide for the imposition of restrictive measures against foreign hostage takers and those who practice arbitrary detention in state-to-state relations and to make related amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act and the Immigration and Refugee Protection Act, standing in the name of the member for Thornhill. Also: Bill C‑356, an act respecting payments by Canada and requirements in respect of housing and to amend certain other acts, standing in the name of the member for Carleton. In the Chair's view, these bills may require a royal recommendation. Members who wish to make arguments regarding the need for bills C‑353 and C‑356 to be accompanied by a royal recommendation should do so as early as possible. I thank all members for their attention.
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