Other
April 7, 1981
Financial initiative of the Crown
Hon. Jeanne Sauvé
Speaker of the House
Ruling Text
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Amendments to the Content of Bills / Report Stage
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<time>April 7, 1981</time>
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<p class="e-Debates">Journals <a href="https://parl.canadiana.ca/view/oop.HOC_3201_126_02/305">p. 1671</a></p>
<p class="e-Debates">Debates <a href="https://parl.canadiana.ca/view/oop.debates_HOC3201_08/838?r=0&s=1">p. 9052</a></p>
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<h2 class="f-ContextResoEdNotePostscriptTitle">Background</h2>
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<p class="g-contextResoEdNotePostscript">During report stage consideration of Bill C-42, An Act to establish the Canada Post Corporation, reported with amendments, by the Standing Committee on Miscellaneous Estimates, the Deputy Speaker declared receivable a motion in amendment standing in the name of Mr. Ouellet (Minister of Consumer and Corporate Affairs and Postmaster General); this motion was identical to an amendment adopted by the committee which raised the number of administrators anticipated under clause 6 of the bill from seven to nine, with the exception that the motion in amendment was accompanied by a Royal Recommendation. The Deputy Speaker ruled on the amendment adopted in committee.</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Issue</h2>
<p class="g-contextResoEdNotePostscript">Does the amendment adopted in committee infringe on the financial initiative of the Crown?</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Decision</h2>
<p class="g-contextResoEdNotePostscript">Yes. Therefore, the amendment adopted in committee is irreceivable.</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Reasons given by the Deputy Speaker</h2>
<p class="g-contextResoEdNotePostscript">Only a Minister of the Crown may initiate legislation which proposes a charge upon the revenue and this can be done only when accompanied by a Royal Recommendation. The amendment adopted by the committee goes beyond the terms of the original Royal Recommendation and infringes on the financial initiative of the Crown. (In the present case, after the ruling, Mr. Ouellet (Minister of Consumer and Corporate Affairs and Postmaster General) moved a motion identical to the amendment adopted by the Committee but ruled out of order. Accompanied by a Royal Recommendation, the motion in amendment was adopted by the House.)</p>
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Edit Metadata
Holding
"The financial initiative of the Crown is a constitutional principle requiring that any measure for the appropriation of public revenue or for the imposition of any tax must be initiated by the government, typically via a Royal Recommendation."
AI Summary
This is not a ruling but a description of the constitutional principle that reserves the right to initiate financial legislation to the Crown (the government).
AI Analysis
- Outcome
- Other
- Tone
- Neutral
- Significance
Low
High
Cited Authorities
- House of Commons Procedure and Practice (3rd Edition, 2017)
- Erskine May's treatise on the law, privileges, proceedings and usage of Parliament (25th Edition, 2019)