Bill C-449 (Historical)

Free Public Transit for Seniors Act

An Act regarding free public transit for seniors

This enactment allows the Minister of Finance to make direct payments to a trust established to help provinces, territories and municipalities to offer seniors free local public transit, anywhere in Canada, during off-peak hours.

Royal Recommendation—Bill C-449

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, on October 7, you made a statement with respect to the management of private members' business. In particular, you raised concerns about four bills that, in your view, appear to impinge on the financial prerogative of the Crown. One of the bills you mentioned was Bill C-449.

I am, therefore, rising on a point of order regarding Bill C-449, An Act regarding free public transit for seniors.

Without commenting on the merits of the bill, I submit that Bill C-449 effects an appropriation by spending or authorizing the spending of public funds in a manner not currently authorized in legislation and, therefore, requires a royal recommendation.

Bill C-449 would allow the Minister of Finance to make direct payments to a trust established to help provinces, territories and municipalities to offer seniors free local public transit, anywhere in Canada, during off-peak hours.

Page 834 of the second edition of House of Commons Procedure and Practice states:

A royal recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications. For this reason, a royal recommendation is required not only in the case where money is being appropriated, but also in the case where the authorization to spend for a specific purpose is significantly altered.

Precedents demonstrate that a royal recommendation is required for the creation of a new fund outside the consolidated revenue fund.

On June 13, 2005, the Speaker ruled, in the case of Bill C-280, An Act to amend the Employment Insurance Act , that:

...Bill C-280 effects an appropriation by spending or authorizing the spending of public funds by transfer of the funds from the Consolidated Revenue Fund to a separate EI Fund with the result that these monies are no longer available for other appropriations Parliament may make. ... Such a transfer...constitutes an appropriation within the meaning of section 54 of the Constitution Act, 1867 and for this reason a royal recommendation is required....

Bill C-449 seeks to accomplish by similar means proposed in Bill C-280, which was found to require a royal recommendation. Therefore, I submit Bill C-449 must also be accompanied by a royal recommendation.

Private Members' Business

[The Speaker, Peter Milliken]

Before I call upon the hon. member for Ottawa South to ask his question, I would like to take a moment to provide some information to the House regarding the management of private members' business.

As members know, after the order of precedence is replenished, the Chair reviews the new items so as to alert the House to bills which at first glance appear to impinge on the financial prerogative of the Crown. This allows members the opportunity to intervene in a timely fashion and present their views about the need for those bills to be accompanied by a royal recommendation.

Accordingly, following the October 1 replenishment of the order of precedence with 15 new items, I wish to inform the House that there are four bills that give the Chair some concern as to the spending provisions they contemplate. They are: Bill C-449, An Act regarding free public transit for seniors, standing in the name of the member for Hull—Aylmer; Bill C-507, An Act to amend the Financial Administration Act (federal spending power), standing in the name of the member for Saint-Lambert.

There are also Bill C-530, An Act to amend the Northwest Territories Act (borrowing limits), standing in the name of the hon. member for Western Arctic, and Bill C-572, An Act to amend the Parliament of Canada Act (Parliamentary Budget Officer), standing in the name of the hon. member for Ottawa Centre.

I would encourage hon. members who would like to make arguments regarding the need for a royal recommendation to accompany these bills or any of the other bills now on the order paper to do so at an early opportunity.

I thank honourable members for their attention.

Free Public Transit for Seniors Act

[Marcel Proulx, Liberal, Hull—Aylmer, QC]

moved for leave to introduce Bill C-449, An Act regarding free public transit for seniors.

Mr. Speaker, today I am tabling a bill that would help seniors across Canada break free from their isolation. We know it is good to encourage seniors to live active social lives, and for them to break out of the isolation they may experience. We also know that it is difficult for many seniors in Canada to get around, and often public transportation is their only option.

I am tabling a bill to allow the Minister of Finance to make direct payments to a fund established to help the provinces, territories and municipalities offer seniors across Canada free local public transportation, outside peak hours.

I am calling on all the members of the House to support this bill and to ensure it is passed as quickly as possible.

(Motions deemed adopted, bill read the first time and printed)