Point of Order
March 16, 1972
Beyond scope of bill
Hon. Lucien Lamoureux
Speaker of the House
Ruling Text
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<p class="decision-chapter">Amendments to Motions on Progress of Bills / Third Reading</p>
<p class="d-DecisionDate">
<time>March 16, 1972</time>
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<p class="e-Debates">Journals <a href="https://parl.canadiana.ca/view/oop.HOC_2804_118_01/194?r=0&s=1">p. 197</a></p>
<p class="e-Debates">Debates <a href="https://parl.canadiana.ca/view/oop.debates_HOC2804_01/909?r=0&s=1">pp. 907-8</a></p>
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<h2 class="f-ContextResoEdNotePostscriptTitle">Background</h2>
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<p class="g-contextResoEdNotePostscript">During debate on the motion for third reading of Bill C-8, an Act to authorize the making of certain fiscal payments to provinces ..., Mr. McCleave (Halifax-East Hants) proposed an amendment seeking that the bill be not now read a third time but that it be resolved that the action of the Government was contrary to established practice and was without constitutional authority. Mr. McCleave conceded that the amendment might present some procedural difficulties, but he was prepared to argue on at least one aspect of the procedural matter. The Acting Speaker (Mr. Laniel) explained that he had reservations concerning the acceptability of the amendment. After hearing Mr. McCleave's argument, he gave his decision.</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Issue</h2>
<p class="g-contextResoEdNotePostscript">Is an amendment acceptable if it would defer third reading until the adoption of a resolution on a subject not included in the bill?</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Decision</h2>
<p class="g-contextResoEdNotePostscript">No. The amendment is not acceptable.</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Reasons given by the Acting Speaker</h2>
<p class="g-contextResoEdNotePostscript">At the third reading, "an amendment must relate to the content of the bill. It can either refute the bill or must relate to something that is found in the provisions of the bill". Reasoned amendments at third reading that raise matters not included in the provisions of the bill are not acceptable. The terms of the present amendment appear only to criticize the actions of the Government. The Chair cannot postpone its decision on the acceptability of the amendment because one Member thinks it is an important question.</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">Sources cited</h2>
<p class="g-contextResoEdNotePostscript">Beauchesne, 4th ed., p. 288, c. 418. </p>
<p class="g-contextResoEdNotePostscript">May, 17th ed., p. 572.</p>
<h2 class="f-ContextResoEdNotePostscriptTitle">References</h2>
<p class="g-contextResoEdNotePostscript">Debates, March 16, 1972, <a href="https://parl.canadiana.ca/view/oop.debates_HOC2804_01/906">pp. 904-7</a>. </p>
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Edit Metadata
Holding
"A proposed amendment or motion was ruled out of order for being beyond the scope of the bill."
AI Summary
A ruling was made that a proposed amendment was inadmissible because it was beyond the scope of the bill.
AI Analysis
- Outcome
- Sustained
- Tone
- Neutral
- Significance
Low
High