Statement
June 7, 2024
Statement on the status of Bill C-323, An Act to amend the Excise Tax Act (mental health services)
Hon. Greg Fergus
Speaker of the House
Ruling Text
The Deputy Speaker:
The Chair wishes to draw the attention of the House to a particular situation concerning Bill C-323, an act to amend the Excise Tax Act regading mental health services, standing in the name of the hon. member for Cumberland—Colchester.
[English]
The bill was previously the subject of a ruling on December 12, 2023. The Chair addressed the similarity between Bill C-323 and Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023, and certain provisions of the budget tabled in Parliament on March 28, 2023.
Both bills would amend sections 1 and 7 of part II of schedule V of the Excise Tax Act in order to exempt psychotherapy from GST, along with "mental health counselling services" in the case of Bill C-323 and "counselling therapy services" in the case of Bill C-59.
As explained in a ruling regarding Bill C-250 of May 11, 2022, which can be found on page 5123 of the debates:
The House should not face a situation where the same question can be decided twice within the same session, unless the House's intention is to rescind or revoke the decision.
Government and private members' bills belong to different categories of items and are governed by different sets of rules and precedents. Standing Order 94(1) provides the Speaker with the authority to "make all arrangements necessary to ensure the orderly conduct of Private Members' Business".
[Translation]
The House passed Bill C‐59 at third reading and sent it to the Senate on May 28, 2024. To comply with the principle that the House should not face a situation where the same question can be decided twice within the same session, the Chair may not put the question on the motion for third reading of Bill C‐323 unless, of course, the House takes other measures to substantially amend the bill before that stage is reached.
[English]
For now, the Chair will give the House the opportunity to do so and allow the member for Cumberland—Colchester to move the motion for third reading of Bill C-323.
[Translation]
If no changes are made to Bill C‐323, the Chair will delay the vote on the bill at third reading until the process surrounding Bill C‐59 has been completed by the Senate. If Bill C‐59 is passed by the Senate and Bill C‐323 is still in its current form when the time comes for the question to be put on the motion for third reading, the House will not be able to vote on it.
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Holding
"The Chair will not permit a final vote on Bill C-323 if it remains in its current form and the similar government bill, C-59, receives Royal Assent, as this would violate the principle against deciding the same question twice in a session."
AI Summary
The Speaker rules that a final vote on Private Member's Bill C-323 will be blocked if the similar Government Bill C-59 becomes law, to prevent the House from deciding the same question twice.
AI Analysis
- Outcome
- Other
- Tone
- Educational
- Procedural Stage
- Private Members' Business
- Significance
Low
High