There are 11 motions in amendment standing on the notice paper for the report stage of Bill C-38.
Before I address the issues relating to the selection and grouping of these motions for debate, I would like to mention that I have received several submissions pertaining to the admissibility of motions submitted for report stage. These motions of course are not printed on the notice paper and are returned in confidence to the author with reasons why they are procedurally inadmissible. I must state that this has been the normal practice of the House since 1994 when the Standing Orders were amended to provide that only those motions which are considered admissible by the Speaker are to be printed on the notice paper.
It is extraordinary for the Speaker to address admissibility issues in the House. Standing Order 76.1(2) states: “If the Speaker decides that an amendment is out of order, it shall be returned to the Member without having appeared on the Notice Paper.”
In this instance, the Chair will take certain liberties and explain the three basic reasons why certain report stage motions for Bill C-38 are inadmissible and have been returned to their sponsors.
First, a preamble to a bill can only be amended if it is made necessary due to an amendment to a clause of a bill, or for reasons of clarification. That is why, for example, preambles are considered at the end of clause by clause examination of the bill by the committee.
Second, an amendment to a bill cannot modify a statute or a section of a statute which is not contained in the bill. This is commonly known as the parent act rule. Its primary purpose is to keep amendments focused to the precise provision of the act which is being modified by the bill.
Third, amendments to the clauses of a bill after second reading must respect the scope of the bill, as “Amending Bills at Committee and Report Stages” states on page 5, “The scope of a bill means the schemes or ways by which the principles of the bill are achieved”. Thus, all amendments must fit within the four corners of the bill to be admissible. They cannot import matters which are not addressed in the bill. They can only refine what is already there.
Regrettably, many report stage motions address matters which are considered beyond the scope of the bill and hence are inadmissible. Many of these procedural issues also arose in committee and were ruled upon by the chair of the legislative committee, the Deputy Chair of Committees of the Whole House.
The Chair understands the concerns of members but assures them that the amendments judged to be inadmissible were given close attention and that decisions were exercised based on well-established rules and precedents.
Now, I will proceed with my ruling on the selection and grouping of motions for report stage of Bill C-38.
Motion No. 6 will not be selected by the Chair as it was defeated in committee. Motions Nos. 7, 9 and 11 will not be selected by the Chair as they could have been presented in committee.
All remaining motions have been examined and the Chair is satisfied that they meet the guidelines expressed in the note to Standing Order 76.1(5) regarding the selection of motions in amendment at the report stage. The motions will be grouped for debate as follows:
Group No. 1 will include Motions Nos. 1 to 3, 8 and 10. Group No. 2 will include Motions Nos. 4 and 5.
The voting patterns for the motions within each group are available at the Table. The Chair will remind the House of each pattern at the time of voting.
I shall now propose Motions Nos. 1 to 3, 8 and 10 in Group No. 1 to the House.