An Act to amend the Department of Public Works and Government Services Act (community benefit)

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

Ramesh Sangha  Liberal

Introduced as a private member’s bill. (These don’t often become law.)

Status

Second reading (Senate), as of May 7, 2019
(This bill did not become law.)

Summary

This is from the published bill.

This enactment amends the Department of Public Works and Government Services Act to provide the Minister with the authority to require an assessment of the benefits that a community derives from a construction, maintenance or repair project.

Similar bills

C-322 (43rd Parliament, 2nd session) An Act to amend the Department of Public Works and Government Services Act (community benefit)
C-227 (42nd Parliament, 1st session) An Act to amend the Department of Public Works and Government Services Act (community benefit)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-344s:

C-344 (2023) An Act to amend the Wrecked, Abandoned or Hazardous Vessels Act (national strategy respecting abandoned vessels)
C-344 (2013) An Act to amend the Motor Vehicle Safety Act (side guards)
C-344 (2011) An Act to amend the Motor Vehicle Safety Act (side guards)
C-344 (2010) An Act to amend the Employment Insurance Act (elimination of waiting period)

Votes

June 13, 2018 Passed 3rd reading and adoption of Bill C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit)
March 28, 2018 Passed Concurrence at report stage of Bill C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit)
Oct. 25, 2017 Passed 2nd reading of Bill C-344, An Act to amend the Department of Public Works and Government Services Act (community benefit)

InfrastructureAdjournment Proceedings

October 18th, 2018 / 6:30 p.m.


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Independent

Erin Weir Independent Regina—Lewvan, SK

Mr. Speaker, in June, I asked whether the federal government would prioritize the use of Canadian-made steel in infrastructure projects, such as the Trans Mountain expansion, as well as the new Champlain Bridge in Montreal, particularly given the imposition of U.S. tariffs on Canadian steel exports. If we are unable to sell our steel south of the border, it is all the more reason to ensure that we are able to use it in federal infrastructure in our own country. This question is still very much relevant because, of course, we still have American tariffs on Canadian steel exports, even after this USMCA agreement to renew the former NAFTA.

In addition to reiterating that question, I want to raise some other issues regarding the potential benefits to Canadian workers of federal infrastructure spending.

The first thing I want to raise has to do with the Trans Mountain expansion. Kinder Morgan had contracted to do most of the construction with the Christian Labour Association of Canada, which is a very employer friendly organization. It was recently kicked out of the International Trade Union Confederation, and now that Trans Mountain is a public project, I wonder if consideration might be given to reissuing those contracts to more legitimate trade unions that would properly represent their employees and, indeed, bargain for better wages and working conditions.

The second issue I want to raise is that this government was elected on the promise of introducing a modernized fair wages policy, after the former Conservative government had eliminated the federal fair wages legislation. What this really means is that when the federal government builds infrastructure, the construction contracts should require some sort of minimum level of wages for different trades, wages that are better than the prevailing provincial minimum wage. One way the federal government could ensure quite concretely that its infrastructure investment benefits Canadian workers to a greater extent would be to keep its promise to reintroduce some sort of federal fair wages legislation. It is one of the first things I asked about at committee after I was elected, and we are still waiting for the government to make good on that promise.

The third topic I would like to raise would be the notion of community benefit agreements that the Government of Canada could attach to its infrastructure spending. The House passed Bill C-344, a private member's bill, to enable community benefit agreements. I believe that bill is before the Senate, and so it is not law yet. On the other hand, there really is nothing stopping the federal government from choosing to negotiate community benefit agreements when it lets these infrastructure contracts. I believe that would be another way it could ensure that its infrastructure investments are tied to local job and training opportunities, as well as other types of economic and social benefits for the regions where these infrastructure investments are occurring.

I would be very interested to hear from the government whether it will take up any of these suggestions to ensure that its infrastructure spending makes the maximum possible contribution to our Canadian economy.

Impact Assessment ActGovernment Orders

June 12th, 2018 / 10:35 p.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Mr. Speaker, I am pleased to rise tonight at this late hour to speak to Bill C-69, an act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, also known as an omnibus bill. I also like to call this bill the let us never build another pipeline or major energy project in Canada bill, or we could call it the labyrinth act, after the David Bowie movie Labyrinth, with its never-ending maze, which is what our regulatory process is going to be.

According to the Liberal government, the main purpose of this bill is to create an environmental assessment process that increases consultation, broadens a number of social economic criteria for approval, and decreases legislative timelines. At a lengthy 350 pages, this bill has so many proposed changes, it is tough to digest them all at once. Here is one clear takeaway. It will ensure the private sector pipelines will never see the light of day in Canada again.

This comes straight from the Canadian Energy Pipeline Association that these introduced amendments or “Regulatory 'poisons' are 'suffocating' oil industry by driving investors away”.

At committee we heard this from a witness, “The impact assessment does not address the pipeline sector's most fundamental concern: a process that is expensive, lengthy, polarizing, and ends with a discretionary political decision.”

Hence, the the labyrinth act.

I was pleased to quote Ozzy Osbourne in an earlier speech today on Bill C-344, which is another act from the Liberals that will create another regulatory burden. I am glad I was able to mention the late David Bowie as well.

We have seen the Trans Mountain pipeline put on life-support worth $4.5 billion because of the Liberals' action and inaction. However, knowing the Liberals' spin machine, they are going to say that this $4.5 billion life-support system is actually a health care investment.

The Liberals want to introduce this bill to ensure that we never see another pipeline built in Canada again. In this bill, we can clearly see that this regulatory process is designed for political influence and intervention. The minister can step in any time she wants and kill any major energy resource project at any time. This even includes the various stages where there is no formal ministerial approval required. It is going to be energy east all over again. It does not clarify or streamline an objective evidence-based process where decisions will be made by experts.

The Liberals can scrap entire pipeline projects for purely political reasons, and there is nothing anyone can do about it. Of course members are sitting there saying that surely the Liberals would not kill something like an energy project, like a billion dollar gas plant for political reasons? I know that it was the Ontario Liberals, but where do people think most of the current Liberal PMO staffers come from? Of course, they come from Queen's Park.

Placing this kind of power in the hands of the minister will reduce transparency and give industry no guarantee that sensible projects will move forward. This planning phase is also concerning because, under the proposed bill, an environmental advocacy group from Sweden has as much right to be heard as a Canadian energy industry advocacy group.

I suppose we should give even more ministerial powers to the Liberals. After all, what could go wrong? We have had ad scam, the sponsorship scandal, the gun registry, Shawinigate, HRDC under the previous Liberal government, and of course the clam scam, where the fisheries minister personally intervened to give a lucrative clam fishing quota to, now get this, a brother of a sitting Liberal MP, a former Liberal MP, and a family member of the current fisheries minister. A Gordie Howe hat trick is described as a hockey game where one gets into a fight, scores a goal, and gets an assist. This is a Gordie Howe hat trick of corruption: a brother of a Liberal MP, a former Liberal MP, and to top it off, a family member of the deciding and interfering Liberal minister.

I could mention more Liberal scandals, but I should not talk about that if I want to finish by midnight. However, if people at home who are watching on CPAC are bored and want a more fulsome understanding of some of the Liberal scandals, they should take a look at https://www.mapleleafweb.com/forums/topic/4466-199-liberal-scandals.

I will return back to the bill. Steve Williams, the CEO of Canada's leading integrated oil and gas company, Suncor Energy, said that this legislation will effectively end his corporation's ability to invest in major Canadian projects. Suncor is worried about Canada's lack of competitiveness because, as he said, “other jurisdictions are doing much more to attract business”. The Liberal government just gave $4.5 billion of taxpayers' money to Kinder Morgan to invest back in the U.S. No offence to Mr. Williams and his comment, but he is incorrect. With the current government, other jurisdictions do not have to do more to attract business, because it will give money to companies to invest in other jurisdictions.

Canada's largest developer in the oil industry says it will not be able to invest in Canada, will not be able to create jobs in Canada, will not be able to pay more taxes in Canada, or create more wealth for Canadians. Suncor is a valued employer in Alberta, and provides thousands of well-paying jobs to indigenous people, youth, and new Canadians. Maybe if we change the name to Suncorbardier, then the Liberals would not try to phase out Suncor and our oil sands, but here we are.

We are talking about billions of dollars in investment going straight to the U.S. and other energy producing jurisdictions. This combined with higher taxes and more government uncertainty makes Canada a more difficult place to invest capital.

Bill C-69 completely fails to improve our ability to compete. In fact, it is only going to make matters worse. GMP FirstEnergy has also criticized Bill C-69 because it has “increased complexity, subjectivity and open-ended timelines”. The company sees “nothing in these proposed changes that will attract incremental energy investment to Canada.”

These statements do not exactly sound like a ringing endorsement for Bill C-69. We have some of the strongest and most stringent environmental regulations and standards in the entire world, so why are we introducing even more regulations when our system is world renowned?

We have seasoned experts telling us that over the years the ability of these major resource projects to get completed has become exceedingly difficult and is now almost impossible, and the Liberals want to introduce even more regulations to effectively put these projects six feet under.

Unfortunately, six feet under will refer to Alberta's economy and not the placement of a pipeline. Of course, the Liberals believe that adding increasingly complex legal frameworks and indeterminate regulatory methods will somehow expedite the process. The environment minister says we need a process with no surprises and no drama. I think what she meant to say is that she wants a process with no surprises, no drama, and no development, and perhaps no future for the young workers in Alberta.

I am sure members have heard this many times before. The Liberals love to talk about how the environment and the economy go hand in hand. However, Bill C-69 does not even live up to their own shaky standards in this regard. This policy puts red tape and the interests of foreigners first and the economy, jobs, and prosperity of Canadians dead last.

Energy development is crucial to jobs and economic opportunity in this country and Bill C-69 will only make it more difficult for private companies to receive approval for critical infrastructure projects.

I will remind the Prime Minister that many Albertans are still struggling to find work and pay their bills. His policies will only cause further harm to them and kick them while they are down.

Former premier Frank McKenna announced in mid-February that Canada has lost $117 billion due to pipeline woes. How does this legislation address that issue? I will answer that question: it does not. It does absolutely nothing. I would argue that the $117-billion loss is only going to climb higher in the future.

Bill C-69 will decrease Canada's economic competitiveness, without resulting in any meaningful environmental protection. While the United States scraps excessive regulations and cuts taxes for its citizens, the Liberal government has chosen to impose more unnecessary red tape, longer project timelines, and higher taxes for middle-class families. Bill C-69 will make it increasingly difficult to compete with countries around the world and grow our economy. The approval process will become even longer, more tedious, and completely unappealing to the private sector.

Seriously, what company wants to come forward and invest billions in Canada when they see the government actively kills energy projects and their only hope to get something done after the Liberal action is to nationalize it?

Venezuela is a mess right now because of nationalizing its oil industry. Experts are saying the way for Venezuela to get out of the hellhole it has created is to un-nationalize its oil industry. What are we doing? We are nationalizing our pipeline. We cannot afford to add uncertainty for companies who want to invest in Canada.

The Liberal government has managed to consistently decrease investor confidence with each and every passing day. It should be more cautious with its legislation. Liberals continuously outdo themselves and are setting the bar for failure as a government. We already have $20 billion in deficits every year, so what could possibly go wrong as investor confidence reaches new lows?

I cannot support a bill that would kill jobs in Edmonton, that would kill jobs in Alberta, and that would chase away energy investment at the same time as doing nothing for the environment.

Transport, Infrastructure and CommunitiesCommittees of the HouseRoutine Proceedings

December 6th, 2017 / 3:50 p.m.


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Liberal

Judy Sgro Liberal Humber River—Black Creek, ON

Mr. Speaker, I have the honour to present, in both official languages, the 19th report of the Standing Committee on Transport, Infrastructure and Communities in relation to Bill C-344, an act to amend the Department of Public Works and Government Services Act, community benefit. The committee has studied the bill and has decided to report the bill back to the House without amendment.

Transportation Modernization ActGovernment Orders

October 31st, 2017 / 4:50 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, I know that the member also supported Bill C-344.

He is absolutely correct. When we look at the effects of transportation, no place knows it better than Sandwich Town. This place was the home of the underground railroad. It was the destination for freedom. In fact, bounty hunters used to come to this area to grab Americans fleeing slavery to bring them back. We used to fight against that. That is the culture and heritage of this location.

The member is correct about the Gordie Howe International Bridge. It was a compromise. In it was the concept of community benefits. Imagine the perverse ending this would be if the port authority took the money that was supposed to go to uplifting children, persons with disabilities, education, housing, and community capacity development and wanted a 30-year lease on a piece of property. It would go against the Prime Minister's arguments and objectives on greenhouse gas emissions reductions and would increase the Canadian footprint on environmental standards.

All we need now is the courage of the Minister of Transport to simply transfer the management to the Minister of Environment and Climate Change. A two-signature process would guarantee an environmental footprint for our legacy, and most importantly, would provide justice, hope, and opportunity for people who deserve it.

Transportation Modernization ActGovernment Orders

October 31st, 2017 / 4:35 p.m.


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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, it is an honour to raise issues on Bill C-49, the transportation modernization act, which is a long bill with many different components in it. I am going to focus on one important component. There are a number that speak to all Canadians and communities, but one specifically speaks to an issue in my community that is very troubling, very sad, and very disturbing. This bill would give the powers that be, those who are appointed, who lurk in the shadows, and who do not have to have accountability, the strength and more empowerment to do what the public does not want. Specifically, Bill C-49 would allow port authorities to have more clandestine borrowing practices through the Canada infrastructure bank and allow the ports to do more environmental and other community damage with less accountability.

People at least appreciate the context of what a port authority can or cannot do. Port authorities across Canada are stewards of the land of the people. That is, first and foremost, what we need to get straight, especially for the people who feel they do not have the power to speak against the powers that be. The reality is that ports, with their control and their power, at the end of the day, are responsible to the Minister of Transport, the Prime Minister, and cabinet, full stop. The use of the lands and relationship with communities are still, at the end of the day, controlled by the Prime Minister, the cabinet, and the people of Canada. They are not private businesses or enterprises that have no responsibility or no moral compass as they go about their business. They are, in fact, having to answer accountably to the Prime Minister and the Minister of Transport.

In my situation, what is very peculiar is that the bill would create additional powers that cause me concern related to a place called Sandwich Town. It is basically the oldest European settlement west of Montreal. It was settled by the French, then the English, and now is the home of many immigrants, new Canadians, students, populations that, quite frankly, have challenges because of the geography. For those out there who feel compelled to understand the story of the underdog, this is it in Canada.

Imagine living in an area where Canada was defended during the War of 1812. This was where it happened on the front lines of southern Ontario. This was where the decisive battles occurred that formed this nation. Aboriginal communities, the British at the time, the militia, and the local populations bonded to defend Canada. Since that time, we have seen the most unusual of circumstances for this small settlement that eventually became part of the City of Windsor, which marks its special foundation today.

I am talking about a small community being trapped next to the Ambassador Bridge, which is owned by a private American billionaire, who in his operations on the U.S. side actually went to prison because of practices related, ironically, to government contracts on the U.S. side, where homes were being bought up, boarded up, and eventually demolished or left to decay. People have lost businesses, schools, and places of faith. All of those things have happened in the shadow of an empire that has 10,000 trucks per day, 40,000 vehicles in total, of pure profit. Some 30% to 35% of Canada's daily trade with the United States, nearly $1 billion, is within earshot of some of the people most disenfranchised because of the repercussions from what has taken place.

Why Bill C-49 is important is that most recently there has been hope, an extended opportunity, with the fight for this area, for a new border crossing. It took place over a decade and a half. The original idea was to allow the development next to this place to destroy it.

However, we have a new border crossing, the Gordie Howe international bridge, which will be built as a result of a compromise among the community, the environment, business, and two nations to finally add border capacity. In this capacity, there will be a community benefit fund. We actually voted for that in Bill C-344, a Liberal member's bill that the House recently passed at second reading, including with the support of the Minister of Transport and the Prime Minister, to at least send it to committee. The community benefit fund is for infrastructure projects such as this to get some relief, planning, and opportunity. That bill, in spirit, is what is taking place. We are finally getting some community benefits to come to this area.

What has happened, and why Bill C-49 is so important, is that the port authority wanted to develop a piece of its property, called Ojibway Shores, against the wishes of the community. This port authority property is pristine environmental acreage, 33 acres in total, with endangered species, flora, fauna, species at risk, amphibians, wildlife, birds, and all of those things that are so important. It is right on the Great Lakes, and one of the last places on the Great Lakes that is undisturbed in this era.

The port wanted to bulldoze Ojibway Shores, it wanted a way to clear it, and it actually got at one time a private partnership that would have done so. The private developer with the port at that time, despite knowing they would have made a lot of money, said no, because it was the wrong thing to do. When they backed out, the port no longer considered Ojibway Shores to be developable. However, the port has asked for $12 million from the community benefit fund to not develop Ojibway Shores for 30 years. They do not just want the land to remain undeveloped, in terms of turning it over to the public in perpetuity, but have asked for $12 million for a 30-year lease not to bulldoze it.

It is almost unconscionable to think that a board member would request this of the public. By the way, board members are representative of the city, province, federal government, and the users. They are citizens like anyone else. Part of people's education today, including the the people of Sandwich, Essex, and beyond who care about the environment, is to understand that people are paid to represent them on these boards and to make decisions. They need to understand that power and their ability to connect with those individuals, and not just in Windsor, but in other ports across this country. This is the first step in actually taking back land and stewardship for the people, which should belong to them.

Bill C-49 now proposes to give more power to the infrastructure bank to allow the ports to develop things. We are concerned about that, because it would potentially open up another revenue source for the port to go ahead and bulldoze the property.

It is interesting right now that when we think about this situation, a choice has to be made for the people. A simple clause would allow this property to be divested to Environment Canada. It is a simple thing that we have asked for. It would just take a two-signature process, and has been done before. We have done the research, and it is actually part of a legislative process, and part of what I think was drummed up with regards to the transfer of properties for situations like this in the public interest.

As I conclude today, we have a choice on this. Right now, Bill C-49 would give more powers, but in the meantime, let us save this situation. Instead of the port getting that $12 million, it can go to poverty reduction, students' education, housing, or employment in one of the most disadvantaged areas of Ontario.

Private Members' Business—Speaker's RulingPoints of OrderRoutine Proceedings

October 31st, 2017 / 10:25 a.m.


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The Speaker Geoff Regan

I am now prepared to rule on the point of order raised on May 12, 2017, by the hon. member for Winnipeg North concerning the possible requirement for a royal recommendation with respect to four private members' bills, two from the House of Commons and two from the Senate.

The Commons bills are Bill C-315, an act to amend the Parks Canada Agency Act, conservation of national historic sites account, standing in the name of the hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes, and Bill C-343, an act to establish the office of the federal ombudsman for victims of criminal acts and to amend certain acts, standing in the name of the hon. member for Beauport—Côte-de-Beaupré—Île d'Orléans—Charlevoix. Both bills are currently in the order of precedence at second reading.

The two Senate bills are Bill S-205, an act to amend the Canada Border Services Agency Act, Inspector General of the Canada Border Services Agency, and to make consequential amendments to other acts, standing in the name of the hon. member for Toronto—Danforth, and Bill S-229, an act respecting underground infrastructure safety, standing in the name of the hon. member for Guelph. Both of these bills are currently awaiting first reading.

Members will recall that on May 9, 2017, I made a statement in which I invited arguments in relation to these four bills. I would like to thank the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons, the hon. member for Guelph, and the hon. member for Perth—Wellington for their detailed interventions.

Of the four bills, Bill C-315, in proposing to establish a separate account as part of the accounts of Canada from which disbursements could be made, raises most clearly a question about the possible need for a royal recommendation. The other three bills, C-343, S-205, and S-229, are different. While they present schemes that could lead to new spending, all contain coming-into-force provisions designed to make such spending conditional on separate parliamentary appropriations. I will address Bill C-315 first, and then the other three.

Bill C-315 establishes a distinct account for the conservation of national historic sites, called the conservation of national historic sites account. The funds for this account are to be raised exclusively through private donations and from the interest generated from them. I should note that this fund seems to be separate from the pre-existing new parks and historic sites account, which serves a similar purpose and is also based, at least in part, on donations.

Bill C-315 also provides that the funds may be spent for specific purposes in relation to national historic sites. The parliamentary secretary contended that the creation of such a new account, and the authority to spend its funds on national historic sites, would be a new and distinct purpose that is not specifically authorized by any statute, thus clearly requiring a royal recommendation.

In making his case, the parliamentary secretary drew a parallel to the employment insurance fund. While nominally its own account, all amounts received and dispersed from the EI fund are deposited in and drawn from the consolidated revenue fund. Because these monies are part of the consolidated revenue fund, a royal recommendation is necessary to authorize any expenditure from it.

Although the situation with Bill C-315 is not entirely analogous to the EI fund, I believe that a similar principle still applies. Even if the monies are accounted for separately and raised exclusively through donations and interest generated from those donations, once collected, they become public funds deposited into the consolidated revenue fund. Any payments from this fund would also be drawn from the CRF. As the bill authorizes this spending for a specified purpose, it must be accompanied by a royal recommendation. Therefore, I find that the objections raised by the parliamentary secretary are well founded.

However, as is consistent with our practice with respect to Commons bills, Bill C-315 can continue through the legislative process as long as there is a possibility that a royal recommendation could be obtained before the final vote on the bill. Alternatively, the bill could perhaps be amended in such a way as to obviate the need for a royal recommendation. Absent one or other of these options being exercised, the question at third reading of the bill will not be put.

Let me now turn to the issues raised in the three other bills, namely S-205, S-229, and C-343. The parliamentary secretary argued that the bills in question were proposing new and distinct expenditures and that the accompanying coming-into-force provisions did not alter this fact. In support of this argument, he cited a Speaker’s ruling from November 9, 1978 about clauses in bills that seek to elude the requirement for a royal recommendation. Accordingly, it was his contention that the question could not be put at third reading on Bill C-343. Moreover, with respect to Bills S-205 and S-229, which originated in the Senate, both should be removed from the Order Paper since any bills appropriating public funds must originate in the House of Commons.

The member for Guelph argued, on June 20, 2017, that Bill S-229 is in order and should be allowed to proceed. First, he contended that no procedural authority exists to remove Bill S-229 from the Order Paper. To do so, the Chair would be relying exclusively on constitutional principles set out in sections 53 and 54 of the Constitution Act, which, in his view, is contrary to the principle that the Chair does not rule on matters of constitutionality. He also contended that even if a royal recommendation were needed, the Chair should allow the bill to continue until the end of the debate at third reading, as is done for private members' bills first introduced in the House.

The member then turned to more substantive arguments about the bill, claiming that the coming-into-force clause ensured that it did not appropriate any part of the public revenue, as such appropriations would have to be granted through subsequent legislation. He further contended that it was not a “money bill”, but, and I quote, “merely contemplates the minister entering into an agreement but does not directly involve any expenditure”.

The hon. member for Perth—Wellington, on September 19, 2017, made a similar argument in relation to Bill C-344. In his view, it was clear that no money could be spent for the purposes set out in the bill unless and until such funds were appropriated by Parliament in a separate measure. He argued that the bill merely established the machinery under which some future expenditure might be made and that for this reason it did not require a royal recommendation.

As Speaker, I am mindful of my responsibility to provide members with the widest amount of latitude possible in bringing forward measures for consideration as long as these conform to our rules and practices. Their proposals may take the form of either motions or bills. The Chair would only intervene to prevent consideration of such items when they are clearly defective in some procedural way. One of the most important tests when it comes to bills that authorize spending is that they must first be introduced in the House of Commons and must be accompanied by a royal recommendation prior to final adoption. The key question in relation to these three bills is whether they authorize any spending. That is to say, would their adoption result in public funds being appropriated for new and distinct purposes?

The Parliamentary Secretary pointed out measures in each bill that he felt required a royal recommendation. Bill C-343 provides for the appointment of a federal ombudsman for victims of crime, with remuneration and associated expenses for the appointee, and the hiring and remuneration of the necessary staff.

As the member for Perth—Wellington mentioned in passing, this office already exists as a program within the Department of Justice and the ombudsman is appointed as a special advisor to the Minister of Justice pursuant to the Public Service Employment Act. What Bill C-343 proposes, I would argue, is different, insofar as it seeks to establish the ombudsman as a separate and independent office outside of the department. In such circumstances, a royal recommendation would be needed to properly implement the creation of this office and authorize spending to this end.

Bill S-205 proposes the appointment of a new inspector general of the Canada Border Services Agency, the appointee's remuneration, and associated employment benefits. These provisions, if implemented, would require new and distinct spending not currently covered by existing appropriations.

Bill S-229 seeks to authorize the designated minister to make regulations allowing for, among other things, the establishment of a funding program to enable notification centres and damage-prevention organizations to exercise the functions assigned to them under this act, potentially involving new expenditures not currently authorized. Excepting that certain clauses of each bill seem to involve potential spending for which a royal recommendation would ordinarily be required, the critical question is the impact of the coming-into-force clause.

The hon. member for Guelph and the hon. member for Perth—Wellington cited certain authorities and precedents to justify why a royal recommendation is not required. Beauchesne’s Parliamentary Rules and Forms, sixth edition, at page 186, citation 613 reads:

A bill, which does not involve a direct expenditure but merely confers upon the government a power for the exercise of which public money will have to be voted by Parliament, is not a money bill, and no royal recommendation is necessary as a condition precedent to its introduction.

The same publication, at page 185, citation 611, addresses the issue of Senate bills containing a clause that states that no money will spent as long as the necessary parliamentary appropriation is not secured. Specifically, it states:

A bill from the Senate, certain clauses of which would necessitate some public expenditure, is in order if it is provided by a clause of the said bill that no such expenditure shall be made unless previously sanctioned by Parliament.

All three bills explicitly provide that they cannot be brought into force until funds are appropriated by a subsequent act of Parliament, which would have to be initiated in the House of Commons and be accompanied by a royal recommendation. The adoption of these bills, then, does not authorize the appropriation of any funds from the consolidated revenue fund. They would establish a framework in law to establish the new offices proposed by Bill C-343 and Bill S-205, or to develop the system proposed by Bill S-229.

However, the crown is in no way obligated to spend money for these purposes. If, in the future, Parliament granted the necessary funds for these purposes, it would be doing so in the full knowledge that it would allow these measures to come into force. Such a granting of funds would have to be done pursuant to our normal financial procedures. This being so, the financial prerogatives of the crown and the privileges of the House of Commons are entirely respected.

It must also be recognized that the House has not had to deal with bills providing for conditional spending in recent years and certainly not since the significant changes to our practices surrounding private members' business made in 1994.

After careful consideration, I am of the view that a royal recommendation is not required, and that these three bills may continue along the usual legislative process. With that said, I believe it might be useful for the Standing Committee on Procedure and House Affairs to consider the matter of private members' bills that contain what I would call, for lack of a better term, non-appropriation clauses. The House would likely welcome any views that the committee would have to offer on this subject.

I thank hon. members for their attention.