Mr. Speaker, yesterday in the House of Commons immediately prior to consideration of Bill C-58 the hon. member for Yorkton--Melville rose in his place and suggested that in some form the Minister of Finance may have been in contempt of parliament over an issue. The issue did not involve contempt of parliament at all. There was a question, at least in my mind and perhaps in the minds of several members, whether it would have been in order for us to consider Bill C-58 at second reading.
I had some time to reflect upon this and obtain advice. With or without what was before us yesterday the second reading consideration of Bill C-58 would have been in order. In terms of proceeding beyond that it would at least have been questionable, particularly in view of the issues that were raised yesterday.
Section 115 of the Canada Pension Plan Act requires the Minister of Finance to ask the chief actuary to prepare a report “whenever any Bill is introduced”. That is the requirement. This has been done. Section 115 states that when the Minister of Finance receives the report, he must table it forthwith.
I can confirm that the Minister of Finance has not yet received this final report so therefore he has not breached any rule. He is not in a position to table it forthwith because he has not received it. Meanwhile, that does not stop us from proceeding with the legislation. The act has been complied with fully to the point possible, namely asking for the report. It will be further complied with as soon as the final report is received.
I should have checked this out before, but I could endeavour to determine whether these kinds of reports can be tabled even when the House is in recess. This is possible with a certain number of reports on the 15th of every month when the House is in recess. In any case if that is not one of those reports, perhaps we should pass a special order before rising for the summer to ensure that it can be tabled. If that is necessary I would endeavour to do that, further demonstrating the minister's intention to adhere to this rule.
There is nothing in the act nor elsewhere that prevents the House from proceeding with the bill. The hon. member for Lanark--Carleton and I would probably agree on that point because parliament should be able to consider legislation, particularly at second reading, almost at any time. The minister cannot fail to table a report because he has not received the report.
It is important to note that the act does not require the preparation of an actuarial report before the bill is introduced. There is no mention of that. Nor is there mention that it should be done before the bill is considered. That is not there either. I invite the Chair to take note of that as well.
I contend that the minister has complied with the act by requesting such a report and he will fully comply with the act by tabling the report when he receives it. As I indicated a while ago I will take even further measures should those be necessary if and when the House rises.
There is no substantive reason to claim that the law has not been complied with or that the minister is in contempt of parliament, which I do not think has ever been the case, at least not from my vantage point. No standing order of the House has been breached. Proceeding with the bill is not out of order; it is fully in order. I would hope that the House could now proceed with the legislation.