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Ruling February 13, 1969

Deleting a clause

Hon. Lucien Lamoureux

Hon. Lucien Lamoureux

Speaker of the House

Ruling Text

In Committee of the Whole the motion is to adopt a clause. If, at that stage, a Member moves an amendment to delete a clause, it would constitute an expanded negative, which is contrary to the Standing Orders. However, because at report stage there is no motion to adopt a clause, a motion in amendment to delete stands by itself and it is acceptable. Even though in this case the proposed motion in amendment could be interpreted as an indirect way of inviting Members to vote against the bill, it is difficult to distinguish between a motion to amend a bill containing only one clause and a motion to amend a bill containing two or three clauses. For these reasons the motion in amendment should be accepted.
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AI Summary

The Speaker rules that a motion to delete a clause at report stage is procedurally acceptable, unlike in Committee of the Whole where it would be an expanded negative.

AI Analysis

Holding
"A motion in amendment to delete a clause of a bill is procedurally acceptable at report stage, even if it has the effect of negating the bill."
Outcome
Sustained
Tone
Educational
Procedural Stage
Report Stage
Significance
Low High

Cited Authorities