Bill C-318

An Act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents)

This enactment amends the Employment Insurance Act to introduce a new type of special benefits: an attachment benefit of 15 weeks for adoptive parents and parents of children conceived through surrogacy. It also amends the Canada Labour Code to extend parental leave accordingly.

Private Members' Business—Speaker's Ruling

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

I am now prepared to rule on the point of order raised on April 19, by the deputy House leader of the government regarding Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, adoptive and intended parents.

On March 30, in a statement on the management of private members’ business, the Chair pointed out that Bill C-318, standing in the name of the member for Battlefords—Lloydminster, may infringe on the financial prerogative of the Crown. The Speaker then invited members to make arguments regarding the need for the bill to be accompanied by a royal recommendation.

In her point of order, the deputy House leader of the government noted that Bill C-318 would add a new employment insurance benefit for adoptive parents and parents of children conceived through surrogacy. This benefit is not currently contemplated in the act and would result in a new and distinct charge on the consolidated revenue fund.

As House of Commons Procedure and Practice, third edition, states on page 838, and I quote, “Without a royal recommendation, a bill that either increases the amount of an appropriation or extends its objects, purposes, conditions and qualifications is inadmissible on the grounds that it infringes on the Crown's financial initiative.”

The Chair has reviewed Bill C‑318 and found that clause 5 adds new section 22.1 to the Employment Insurance Act to create a new type of special benefit, namely, a 15-week attachment benefit for adoptive parents and parents of children conceived through surrogacy. The bill also provides for the duration of this new benefit to be extended for various reasons.

Implementing Bill C-318 would create a new type of benefit, and therefore, lead to increasing public expenditures for purposes not currently authorized by the act. As a result, a new royal recommendation is required for the bill to receive a final vote in the House at third reading.

In the meantime, the House is about to start debate on the second reading motion of the bill. This motion will be allowed to be put to a vote at the conclusion of that debate.

I thank all members for their attention.

Bills C-318 and C-319

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Mr. Speaker, I am rising to respond to your statement of March 30, respecting the 15 new items of Private Members' Business added to the order of precedence on March 10, 2023.

In particular, I am rising to raise two arguments respecting the financial prerogative of the Crown and whether two Private Members' Business bills infringe upon the Crown's prerogative in this regard.

Without commenting on the merits of Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code regarding adoptive and intended parents, sponsored by the member for Battlefords—Lloydminster, and Bill C-319, an act to amend the Old Age Security Act regarding amount of full pension, sponsored by the member for Calgary Shepard, I submit that both of these bills require royal recommendation.

Bill C-318 seeks to add a new type of special benefit for adoptive parents and parents of children conceived through surrogacy through the Employment Insurance Act, as well as making corresponding changes to the Canada Labour Code. Since the bill would add a new type of benefit under the Employment Insurance Act, it would need to be accompanied by a royal recommendation. These new benefits are not currently contemplated in the Employment Insurance Act and would authorize a new and distinct charge on the consolidated revenue fund for purposes and in a manner not authorized by any statute. I therefore submit that, absent of royal recommendation, the bill should not be put to a third reading vote.

Bill C‑319 proposes to increase the amount of the full pension for Canadians aged 65 to 74 by 10%. This increase is not provided for under the Old Age Security Act, and the charge against the consolidated revenue fund for this purpose is not authorized by that act or any other. I therefore maintain that, without a royal recommendation attached to the bill, Bill C‑319 should not be put to a vote at third reading.

Private Members' Business

[The Speaker, Anthony Rota]

The Chair would like to make a statement concerning the management of Private Members' Business. As members know, certain constitutional procedural realities constrain the Speaker and members insofar as legislation is concerned.

Following each replenishment of the order of precedence, the Chair reviews items so that the House can be alerted to bills that, at first glance, appear to infringe on the financial prerogative of the Crown. This allows members to intervene in a timely fashion to present their views on the need for those bills to be accompanied by a royal recommendation.

Following replenishment of the order of precedence with 15 new items on Thursday, March 16, two bills concern the Chair. One is Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents) standing in the name of the member for Battlefords—Lloydminster.

The other is Bill C‑319, an act to amend the Old Age Security Act (amount of full pension), standing in the name of the member for Shefford. The Chair is of the view that these bills may need a royal recommendation.

Members are therefore invited to make arguments regarding the requirement of a royal recommendation for Bills C-318 and C-319 at the earliest opportunity.

I thank the members for their attention.