Mr. Speaker, on Friday, December 7, the Acting Speaker invited comments on whether Bill C-474 requires a royal recommendation.
Without commenting on the merits of the bill, I submit that the bill's provisions to establish a new and independent commissioner of the environment and sustainable development who would be a new agent of Parliament would require new government spending and therefore, would require a royal recommendation.
Clause 13 of Bill C-474 would require the governor in council to appoint a new commissioner of the environment and sustainable development. The clause sets out the powers, duties and term of office of the new commissioner. This would be an organizational change which would require increased spending. There are numerous precedents to this effect.
The requirement for a royal recommendation for a new agent of Parliament is made clear in the Speaker's ruling of November 9, 1978, and I quote, “...if this bill is to impose a new duty on the officers of the Crown...these objectives...will necessitate expenditures of a nature which would require the financial initiative of the Crown”.
The requirement for a royal recommendation for organizational changes, such as establishing a new department or a commissioner, is referred to in the Speaker's ruling of July 11, 1988, and again I quote:
...to establish a separate Department of Government and a commissioner of Multiculturalism...undoubtedly would cause a significant charge upon the Federal Treasury in order for the new Department to function on a daily basis.
The Speaker's ruling of September 19, 2006 on Bill C-293 concluded that the creation of an advisory committee requires a royal recommendation since this clearly would require the expenditure of public funds in a manner and for a purpose not currently authorized. I quote from that ruling:
--the establishment of the advisory committee for international development cooperation provided for in clause 6 clearly would require the expenditure of public funds...
I believe this principle should apply to Bill C-474 since the creation of an independent commissioner of the environment and sustainable development would clearly require new spending to remunerate the commissioner and to provide administrative support to the commissioner. Although the bill does not specify these requirements, the Speaker has ruled that a royal recommendation would, nevertheless, be needed.
The Speaker's ruling of February 8, 2005 states:
Where it is clear that the legislative objective of a bill cannot be accomplished without the dedication of public funds to that objective, the bill must be seen as the equivalent of a bill effecting an appropriation.
I would suggest this was the reason that a royal recommendation was required for the 1995 amendments to the Auditor General Act that established the office of the commissioner of the environment and sustainable development within the Auditor General's office.
The office of the commissioner of the environment and sustainable development has over 40 staff and reported spending $2.8 million in 2006-07 for sustainable development monitoring activities and environmental petitions. It must follow that the establishment of an independent commissioner of the environment and sustainable development would require an office of professionals to support the commissioner in carrying out his or her duties, as set out in clause 13.
Since Bill C-474 would represent a change to the conditions and qualifications that were attached to the original legislation that established the office of the commissioner of the environment and sustainable development, a new royal recommendation would be required for Bill C-474.
Page 183 of Beauchesne's Parliamentary Rules and Forms reads:
--an amendment infringes the financial initiative of the Crown not only if it increases the amount but also if it extends the objects and purposes, or relaxes the conditions and qualifications expressed in the communication by which the Crown has demanded or recommended a charge.
It is clear that by removing the commissioner of the environment and sustainable development from within the office of the auditor general and making the commissioner report directly to Parliament, Bill C-474 is proposing a change to the conditions and qualifications that were attached to the original legislation. Therefore, I submit that Bill C-474 requires a royal recommendation.