The House will soon consider private members’ business for the first time since the opening of this Parliament. I would therefore like to make a brief statement regarding the management of private members' business. I want to remind all hon. members about the procedures governing private members’ business and the responsibilities of the Chair in the management of this process.
As members know, certain constitutional procedural realities constrain the Speaker and members insofar as legislation is concerned. One such procedural principle concerns whether or not a private member’s bill requires a royal recommendation. The Speaker has underscored this principle in a number of statements over the course of preceding Parliaments.
As noted on page 831 of the second edition of House of Commons Procedure and Practice:
Under the Canadian system of government, the Crown alone initiates all public expenditure and Parliament may only authorize spending which has been recommended by the Governor General. This prerogative, referred to as the “financial initiative of the Crown”, is the basis essential to the system of responsible government and is signified by way of the “royal recommendation”.
The requirement for a royal recommendation is grounded in constitutional principles found in the Constitution Act, 1867. The language of section 54 of that act is echoed in Standing Order 79(1), which reads:
This House shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by a message from the Governor General in the session in which such vote, resolution, address or bill is proposed.
Any bill which authorizes the spending of public funds for a new and distinct purpose or effects an appropriation of public funds must be accompanied by a message from the Governor General recommending the expenditure to the House. This message, known formally as the royal recommendation, can only be transmitted to the House by a minister of the crown.
A private member’s bill that requires a royal recommendation may, however, be introduced and considered right up until and including third reading on the assumption that a royal recommendation may be provided by a minister. If none is produced by the conclusion of the third reading stage, the Speaker is required to decline to put the question on third reading.
Following the establishment, or subsequently the replenishment, during a Parliament of the order of precedence, the Chair has developed a practice of reviewing items so that the House can be alerted to bills which at first glance appear to infringe upon the financial prerogative of the crown. The aim of this practice is to allow members the opportunity to intervene in a timely manner to present their views about the need for those bills to be accompanied by a royal recommendation.
Accordingly, following the establishment of the order of precedence on February 26, 2016, I wish to draw the attention of the House to two bills which give the Chair some concern as to the spending provisions that they contemplate. These are Bill C-241, An Act to amend the Excise Tax Act (school authorities), standing in the name of the member for Saskatoon—Grasswood; and Bill C-243, An Act respecting the development of a national maternity assistance program strategy and amending the Employment Insurance Act (maternity benefits), standing in the name of the member for Kingston and the Islands.
I would encourage hon. members who would like to make arguments regarding the requirement of a royal recommendation for any of these bills, or with regard to any other bill now on the order of precedence, to do so at the earliest opportunity.
I thank honorable members for their attention.
It being 11:10 a.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.
