Tom Lukiwski

[February 5th, 2007]

Mr. Speaker, we have heard the arguments. I presented the need for royal recommendation on Friday. I know you are taking that under consideration and that we can expect a ruling sometime in the near future.

However, let me just respond to my hon. colleague by saying, as he well knows, that should the private member's bill, Bill C-288, be passed into law, it will require the government to perform certain obligations and, as he pointed out in a CBC interview, it will probably be in the $4 billion range. Perhaps the member does not think that $4 billion is an amount that we should be concerned about but, quite clearly, it is consistent with the royal recommendation argument that we presented saying that there will be new expenditures required should Bill C-288 come into force, and that obviously requires a royal recommendation.

However, we are not here for debate, Mr. Speaker. I know that you are taking this under very serious consideration and we look forward to your ruling in the near future.

[Questions on the Order Paper, February 2nd, 2007]

Mr. Speaker, I ask that all questions be allowed to stand.

[Points of Order, February 2nd, 2007]

Mr. Speaker, the hon. member for Wascana just underscores my point that this bill will obligate the government to spend new money. As you know and I know, this requires a royal recommendation.

I thank the member for Wascana for supporting my case.

[Points of Order, February 2nd, 2007]

Mr. Speaker, I do have a legitimate point of order with regard to Bill C-288, the Kyoto implementation bill.

In your ruling of September 27, 2006, you concluded that Bill C-288 did not require a royal recommendation. I would appreciate your consideration of two developments that have occurred since that ruling.

First, the House of Commons Standing Committee on the Environment and Sustainable Development amended Bill C-288. In particular, I would like to draw two of these amendments to your attention.

One amendment was to include the require in clause 5(1)(a)(iii.1) that the government report:

measures to provide for a just transition for workers affected by greenhouse gas emission reductions

The second amendment added a new requirement in clause 10 for the National Round Table on the Environment and the Economy to undertake research, gather information and advise the minister on the new climate change plan required by the bill.

The National Round Table on the Environment and the Economy is funded through government appropriations and reports to Parliament through the Minister of the Environment. While the National Round Table on the Environment and the Economy does currently undertake research on the environment, the specific research this amendment requires is a new and distinct responsibility and as such would involve expenditures for a new and distinct purpose.

On May, 2005, the Acting Speaker ruled that expenditures for a new purpose require a royal recommendation:

—a royal recommendation is required not only in the case where more money is being appropriated, but also in the case where the authorization to spend for a specific purpose is being significantly altered.

The second development that I wish to draw to your attention is recent public comments made by the member for Honoré-Mercier that Bill C-288 would necessitate the spending of public funds.

In a CBC radio program on December 9, 2006, the member stated, “The bill forces the government to meet its Kyoto commitments”. When the member was asked to elaborate on the cost to meet the emission reduction targets in the Kyoto protocol, the member stated:

Even the worst case scenario, which would be to buy almost all the credits on the international level, is within the range of the cuts of the GST they made.

The 2006 federal budget estimates that the cost of reducing the GST from 7% to 6% will be in the $8.69 billion range over the next two years.

It seems to me that Bill C-288 has been written in a way that appears to avoid specifying a requirement for direct new government spending.

However, the member's recent media statement indicates his belief that the bill would result in a very large requirement for new government spending. To use the member's own example, this could involve costs of over $4 billion a year.

Since this new information has become available after your ruling on Bill C-288, I would request that you clarify your ruling on whether Bill C-288 obliges the government to spend additional public funds.

If the House agrees, I am prepared to table a copy of both the transcript of member's remarks in both official languages.

[Questions on the Order Paper, February 1st, 2007]

Mr. Speaker, I ask that all questions be allowed to stand.

[Motions for Papers, January 31st, 2007]

Mr. Speaker, I ask that all notices of motions for the production of papers be allowed to stand.

[Questions on the Order Paper, January 31st, 2007]

Mr. Speaker, I ask that all questions be allowed to stand.

[Points of Order, January 30th, 2007]

Mr. Speaker, my point of order is on Bill C-327.

Without commenting on the merits of this private member's bill, I would appreciate your consideration of whether this bill requires a royal recommendation under Standing Order 79. Clauses 1 and 2 of the bill add a new purpose to the Broadcasting Act to:

—contribute to solving the problem of violence in society by reducing violence in the programming offered to the public, including children.

To meet this purpose, the bill would provide new powers to the Canadian Radio-television and Telecommunications Commission, also known as the CRTC, to regulate violence on television, verify broadcasters compliance, issue annual reports and undertake a five year review, including holding consultations. These are new responsibilities for the CRTC which were not previously authorized by the Broadcasting Act. They would clearly require new government expenditures.

Precedence clearly established that a change in purpose requiring new expenditures must be accompanied by a royal recommendation. On May 9, 2005, the Chair ruled:

— bills which involve new or additional spending for a distinct purpose must be recommended by the Crown. The royal recommendation is also required where a bill alters the appropriation of public revenue “under the circumstances, in the manner and for the purposes set out” in the bill.

What this means is that a royal recommendation is not only required in a case where more money is being appropriated, but also in a case where the authorization to spend for a specific purpose is being significantly altered.

On February 8, 2005, the Speaker ruled:

Where it is clear that the legislative objective of a bill cannot be accomplished without the dedication of public funds to that objective, the bill must be seen as the equivalent of a bill effecting an appropriation.

On September 17, 2006, the Speaker noted that the sections of the bill:

—with regard to the process of petitioning and reporting, are also functions which would require the authorization of spending for a new and distinct purpose.

I note that the new purpose for Bill C-327 is established by the operational obligation which clause 3 places on the CRTC for regulating, reporting and reviewing and by clauses 1 and 2, which would amend the overall broadcasting and regulatory policies in the Broadcasting Act.

I therefore submit that the bill in its entirety requires a royal recommendation.

[Privilege, January 30th, 2007]

Mr. Speaker, clearly what the hon. member is trying to do here is score some cheap political points. Let me set the record straight as to exactly what happened in committee.

The chair of that committee made a decision that first, was upheld by all members of that committee. Second, it is quite clear should the member choose at any time either now or in the future to consult Marleau and Montpetit, he would find that the Speaker ruled in accordance with parliamentary practices and procedures. It states in Marleau and Montpetit that only questions about the competency of the individual shall be allowed. Anything dealing with the political affiliation of members or committee members or witnesses are considered to be outside the scope of the committee. Therefore, the Chair ruled quite appropriately. The member should know that. I am quite surprised that the member, being as experienced as he is, does not know simple parliamentary procedures.

Mr. Speaker, this is clearly not a question of privilege that you should consider.

[Questions on the Order Paper, January 30th, 2007]

Mr. Speaker, I ask that all questions be allowed to stand.