Evidence of meeting #54 for Human Resources, Skills and Social Development and the Status of Persons with Disabilities in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Thank you, I have heard my colleagues's answer.
It is important to understand that this position has been expressed by nearly all the witnesses who spoke about that part of the bill.
Conservative
The Chair Conservative Ed Komarnicki
First of all, with respect to an amendment, before you get into discussion, I have to rule it either in order or out of order. If it's in order, you can discuss it. If it's out of order, that'll be the end of it. I have a ruling on this particular—
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
Is it necessarily out of order?
Conservative
The Chair Conservative Ed Komarnicki
It's going to be, and I'll give you the reason. Clause 5 of Bill C-44 states the leave related to this part of the clause ends on the last day of the week the child dies. Amendment NDP-2 proposes that this leave expire two weeks after the day on which the child dies. As House of Commons Procedure and Practice, second edition, states on page 766:
An amendment to a bill that was referred to a committee after second reading...is out of order if it is beyond the scope and principle of the bill.
In the opinion of the chair, the introduction of amendment NDP-2 represents an extension of leave included in clause 5 of the bill. It is beyond the scope of the bill and is therefore inadmissible. This ruling applies to the LIB-2 amendment, which seeks to amend the same line and to achieve the same results.
I think it's in hours, or something like that, as opposed to days.
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
With all due respect, Mr. Chair, I want to appeal your ruling because of all the witnesses we have heard about this.
Conservative
Conservative
Colin Mayes Conservative Okanagan—Shuswap, BC
We're either going to sustain the chair or we're not going to sustain the chair.
Conservative
The Chair Conservative Ed Komarnicki
Hold on. I want to make a point.
When I make a ruling, that ruling is not debatable. You may disagree with it, but at that point, if you don't accept the ruling of the chair, you may challenge the chair if you wish, and move from there.
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
That is what I said: I want to appeal your ruling. I believe that is the French equivalent.
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
"En appeler de la décision" or appealing the decision is the French equivalent.
Conservative
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
In French, I could not say "je défie le président" or I want to defy the Chair. That would not make any sense. You would not want me to say that.
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
In French, we say that we want to appeal the ruling, which is the same as to challenge it. I would never say that I want to defy you, which would be extremely impolite. No one would say that in French.
Conservative
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
It would be totally impolite that I would defy you in French—
NDP
François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC
In French,
I can "appeal the ruling".
That's more polite.
Conservative
The Chair Conservative Ed Komarnicki
All right. I take the point. I will accept it as a challenge to the chair's ruling. We will have a motion to sustain the chair and then we'll vote. Those who want to sustain the chair will vote in favour of my ruling and those who don't will vote as opposed.
Go ahead.
Conservative
The Clerk of the Committee Mrs. Isabelle Dumas
The question being asked right now is whether the decision of the chair should be maintained.
November 1st, 2012 / 9:15 a.m.
Conservative
