Bill C-18 Committee on Nov. 3rd, 2011

[The Chair, Conservative, Blaine Calkins]

I want committee members to be clear on the ramifications, which is why I express that now rather than after the division is taken.

I'm going to call the question now on amendment NDP-8. All in favour?

(Amendment negatived)

Amendment NDP-8 is defeated. Therefore--

[Pat Martin, NDP, Winnipeg Centre, MB]

A point of order, Mr. Chair.

[The Chair, Conservative, Blaine Calkins]

Mr. Martin on a point of order.

[Pat Martin, NDP, Winnipeg Centre, MB]

I would like to know how many voting members are on the government side.

[The Chair, Conservative, Blaine Calkins]

The are seven members from the Conservative Party on the committee. I believe that everybody who voted did so in accordance with the rules we have. The clerk has confirmed that the vote was valid.

[Pat Martin, NDP, Winnipeg Centre, MB]

As long as we keep the number down to seven, I'll be satisfied. There are more than seven people here.

[The Chair, Conservative, Blaine Calkins]

Well, there's more than one Liberal as well, Mr. Martin--

[Pat Martin, NDP, Winnipeg Centre, MB]

He's not voting.

[The Chair, Conservative, Blaine Calkins]

I didn't see anyone vote who wasn't supposed to vote. Only the ones who are supposed to be counted would be counted, in any event.

As I previously stated, the motion NDP-9 cannot be put because of the defeat of amendment NDP-8, so we're going to move on.

I have a ruling to make on the Conservative Party of Canada—

Mr. Hoback?

[Randy Hoback, Conservative, Prince Albert, SK]

I will not be moving my motion.

[The Chair, Conservative, Blaine Calkins]

Then I don't have to rule on yours.

Given that the amendment proposed by Mr. Hoback is withdrawn, that now moves us to amendment LIB-3, which I believe is identical in wording to the proposed Conservative amendment that was just withdrawn.

Mr. Valeriote, before I give you the floor, are you going to move this amendment?

[Frank Valeriote, Liberal, Guelph, ON]

Yes.

[The Chair, Conservative, Blaine Calkins]

Mr. Valeriote moves that amendment, but I am going to give the ruling I was about to give if Mr. Hoback had moved his motion. This is a ruling that was given to me by the legislative clerk.

Bill C-18 provides for government liability for certain losses under Part 2 of the Canadian Wheat Board (Interim Operations) Act. The amendment seeks to amend the bill so that the government is liable for additional losses under that act. House of Commons Procedure and Practice, Second Edition, clearly states at pages 767 and 768:

Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.

It's the opinion of the chair that the addition of liability for additional losses alters the terms and conditions of the royal recommendation; therefore, I rule the amendment inadmissible without the said royal recommendation.

My understanding--and I stand to be corrected here--is that this amendment simply cannot be put in the committee. If this amendment were to be put, I believe it would have to be put at report stage in the House of Commons, and a recommendation would have to be given by the government in order for it to be admissible.

Therefore, Mr. Valeriote, respectfully, I will have to rule that this amendment is out of order at this particular stage of the legislative process, so that would make it inadmissible.

Therefore, we will move on.

[Wayne Easter, Liberal, Malpeque, PE]

Can I ask a question, Mr. Chair?

[The Chair, Conservative, Blaine Calkins]

Mr. Easter.

[Wayne Easter, Liberal, Malpeque, PE]

Maybe this is for the legislative staff. The fact that this motion was ruled out of order here...if we have a motion and it's defeated here, we can't reissue it back in the House. In regard to the fact that the motion has been ruled out of order here, can we put it in the House as an amendment and try to do it there?

[The Chair, Conservative, Blaine Calkins]

Give me a moment to defer to the clerk.

It was ruled out of order here because it can't be moved here. It must be moved in the House and it requires the said royal recommendation in order to proceed. As your chair, I find no reason why this amendment could not be moved in the House of Commons should this bill pass this committee and be reported back to the House.

[Wayne Easter, Liberal, Malpeque, PE]

Thank you, Mr. Chair.

[The Chair, Conservative, Blaine Calkins]

Thank you for the question.

We're moving to an amendment proposed by the New Democratic Party. NDP-10 seeks to amend clause 14 in proposed section 25 of the proposed new act. Subclause 25(1) starts by saying: “The Governor in Council may, by order,” and so on.

The motion is being proposed by Mr. Martin.

[Pat Martin, NDP, Winnipeg Centre, MB]

I wish to move it.

[The Chair, Conservative, Blaine Calkins]

The floor is yours.

[Pat Martin, NDP, Winnipeg Centre, MB]

Thank you, Mr. Chair.

The language we're seeking to amend is actually in section...I'm a little confused. It says it's replacing lines 1 and 2 on page 15, yet it would still be called subclause 25(1).

Can I ask if this is printed accurately? I thought we were seeking to amend...the first two lines on page 15 are subclause 25(3)....

[The Chair, Conservative, Blaine Calkins]

We need to do some version control on the two pieces of legislation.

Let's pause Mr. Martin's time until we get this consistent.

Was your version of the bill printed in your office or is it actually a bill printed by--

[Pat Martin, NDP, Winnipeg Centre, MB]

It came from a kit at first reading, and it was distributed by the government.

[The Chair, Conservative, Blaine Calkins]

Let's get Mr. Martin a printed version of the bill.