Point of Order
May 25, 1999
Bill not preceded by a ways and means motion: bill imposing a charge on the people
Hon. Gilbert Parent
Speaker of the House
Ruling Text
The Speaker:
I am now ready to rule on the point of order raised by the honourable member for St. Albert concerning the procedural acceptability of Bill C-78, An Act to establish the Public Sector Pension Investment Board, to amend the Public Service Superannuation Act, the Canadian Forces Superannuation Act, the Royal Canadian Mounted Police Superannuation Act, the Defence Services Pension Continuation Act, the Royal Canadian Mounted Police Pension Continuation Act, the members of Parliament Retiring Allowances Act and the Canada Post Corporation Act and to make a consequential amendment to another Act.
The honourable member contends that Bill C-78 imposes a "charge upon the people" in that it proposes to make any of these pension plan surpluses payable to the Consolidated Revenue Fund. This, he argues, constitutes a form of tax which would require the bill to be preceded by a ways and means motion.
In the time available to me I have carefully reviewed the remarks made by the honourable member and I have noted that he makes no mention of the fact that any shortfalls in these plans accrue as a liability to the Government of Canada.
Under the heading of "Matters requiring authorization by Ways and Means", May in the 22nd edition at page 777 states in part:
If—money raised by statutory imposition—is—to be used for the benefit of the public at large or for purposes which might otherwise have required to be financed from the Consolidated Fund, that imposition is likely to need authorization by a ways and means resolution.
However, as the honourable Minister of Public Works and Government Services has pointed out, the legislation affects not the Canadian public in general but "a defined and limited group of people" who, as co-contributors, will be entitled to a defined benefit.
Consequently I cannot agree with the honourable member for St. Albert. I rule that Bill C-78 is properly before the House and we will proceed with the vote on third reading.
P0613-e 36-1 1999-05-25
Edit Metadata
Holding
"Bill C-78, which directs pension plan surpluses to the Consolidated Revenue Fund, does not impose a 'charge upon the people' requiring a Ways and Means motion because it affects a defined group of co-contributors, not the general public."
AI Summary
The Speaker denied a point of order that Bill C-78 required a Ways and Means motion, ruling it did not impose a charge on the general public.
AI Analysis
- Outcome
- Denied
- Tone
- Neutral
- Procedural Stage
- Government Orders
- Significance
Low
High