Point of Order
April 15, 1985
Classification of a bill as public or private
Hon. John Bosley
Speaker of the House
Ruling Text
The definitions and principles outlined by the various authorities should make the determination of whether a bill is public or private fairly straightforward. However, Canadian practice has not always been consistent. The bill in question deals with a company incorporated under the Canada Business Corporations Act in 1982, but the same company was first incorporated by private legislation in 1880. The bill makes provision for duties and obligations which the company must follow, but it also places restrictions on the company obviously not found elsewhere. Thus the bill at once provides for exceptions to the general law and at the same time imposes obligations on the company and gives the Canadian Radio-Television and Telecommunications Commission authority over it. In 1971 a similar discussion took place regarding Bill C-219 (Canada Development Corporation Act). Speaker Lamoureux stated in his ruling that "in order that a bill be designated as private it should not and cannot include any feature of public policy because such characterization will transcend any private nature it may have." It is clear in the case of Bill C-19 that while it does affect private interests, it also affects public policy. The conclusive argument is found in Clause 3 of the bill where it is stated that in the event of inconsistencies between this Act and any other Act of Parliament, this Act will prevail. Such a provision could only be included in a public bill since a private Act, being an exception to the general law, could not prevail over any other Act of Parliament..
Sources cited Beauchesne, 5th ed., p. 217, c. 700; p. 259-60, c. 836,838.
May, 20th ed., p.891.
Debates, February 22, 1971, pp. 3628-9.
References Debates, April 2, 1985, pp. 3643-4.
Edit Metadata
Holding
"A bill is classified as public, not private, if it contains elements of public policy or a clause asserting its supremacy over other Acts of Parliament."
AI Summary
The Speaker ruled that a bill is public, not private, if it contains public policy elements or a supremacy clause, even if it targets a specific company.
AI Analysis
- Outcome
- Other
- Tone
- Educational
- Procedural Stage
- Government Orders
- Significance
Low
High