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Ruling March 12, 2012

Report stage: power of the Speaker to select amendments; amendments not presented in committee

Hon. Andrew Scheer

Hon. Andrew Scheer

Speaker of the House

Ruling Text

The Speaker: There is one motion in amendment standing on the Notice Paper for the report stage of Bill C-314, standing in the name of the hon. Member for Vancouver Centre. At first glance, it appears that this motion could have been presented in Committee. However, in submitting her motion for consideration at report stage, the Member for Vancouver Centre provided the Chair with a written explanation in which she outlined her efforts to propose a similar amendment during the clause-by-clause study of the Bill, and where she explained that her amendment was based on the testimony of witnesses who had appeared earlier in the meeting. As the Committee desired to proceed with the clause-by-clause study of the Bill immediately after hearing from the Bill's sponsor and other witnesses, she did not have time to avail herself of the drafting services of the parliamentary counsel assigned to the Bill. Upon presentation of her amendment, the Member was cautioned by the Chair of the Committee that there was some concern over certain legal terminology her amendment contained that might have had the undesired effect of infringing on the financial initiative of the Crown. In this case, there was not sufficient time for the Chair of the Committee to carry out the necessary consultations and provide a definitive ruling on admissibility. As a potential remedy to this unusual situation, the Chair of the Committee suggested to the Member that she might wish to submit her amendment at the report stage instead. Having received the Committee's consent to withdraw the amendment, the Member for Vancouver Centre explained that she was able to consult with parliamentary counsel and the legislative clerk assigned to the Bill. She was thus able to prepare a motion for the report stage which she feels, and I agree, does not appear to infringe on the financial initiative of the Crown. Therefore, due to the exceptional circumstances outlined above, the Chair has selected for debate the motion submitted by the Member for Vancouver Centre. I shall now propose Motion No. 1 to the House.
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AI Summary

The Speaker permitted a report stage amendment, despite it not being properly moved in committee, due to exceptional circumstances involving drafting assistance and the financial initiative of the Crown.

AI Analysis

Holding
"An amendment may be selected for debate at report stage, even if it could have been presented in committee, if exceptional circumstances prevented its proper consideration and a procedural defect has since been corrected."
Outcome
Sustained
Tone
Educational
Procedural Stage
Report Stage
Significance
Low High

Cited Authorities