I am now prepared to rule on the point of order raised by the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons on December 11, 2007, concerning the national sustainable development act, Bill C-474, standing in the name of the hon. member for Don Valley West, and its requirement for a royal recommendation. I wish to thank both the hon. parliamentary secretary as well as the member for Don Valley West for their submissions on this matter.
In his intervention, the hon. parliamentary secretary contended that the bill's provisions to establish a new and independent Commissioner of the Environment and Sustainable Development would not only require new government spending but also represent a change in the conditions and qualifications of the royal recommendation that accompanied the 1995 amendments to the Auditor General Act.
He also contended that the establishment of a new Commissioner of the Environment and Sustainable Development was similar to the creation of a new government department and that such provisions needed to be accompanied by a royal recommendation. He cited a ruling of July 11, 1988 when two report stage motions, the first of which proposed the establishment of a separate department of government and the second a separate commissioner of multiculturalism, were ruled out of order on the basis that they offended the royal recommendation which accompanied that bill.
Finally, citing a ruling of September 19, 2006 on the Development Assistance Accountability Act, Bill C-293, which concluded that a royal recommendation was required for the establishment of an advisory committee for international cooperation, the parliamentary secretary argued that the creation of an advisory council on sustainable development also requires a royal recommendation on the basis that it would result in the expenditure of public funds in a manner and for a purpose not currently authorized.
In his submission on January 31, 2008, the hon. member for Don Valley West conceded that the bill needed to be accompanied by a royal recommendation. He indicated that he would work with other members at the committee stage to amend the bill in such a way that any impediments to its progress would be removed. The Chair wishes to commend the hon. member for his constructive approach.
In order to assist the House, the Chair has carefully reviewed the provisions contained in Bill C-474 to identify the provisions that caused concern regarding the royal recommendation while at the same time responding to the point of order raised by the hon. parliamentary secretary .
The appointment of the Commissioner of the Environment and Sustainable Development is currently carried out under section 15.1 of the Auditor General Act. It states:
15.1(1) The Auditor General shall, in accordance with the Public Service Employment Act, appoint a senior officer to be called the Commissioner of the Environment and Sustainable Development who shall report directly to the Auditor General.
Bill C-474, on the other hand, would provide for the Commissioner of the Environment and Sustainable Development to be appointed by the governor in council as an independent commissioner instead of being appointed by and reporting to the Auditor General. Although funds may have already been appropriated for the position of Commissioner of the Environment and Sustainable Development under the Auditor General Act, the Chair agrees with the arguments put forward by the hon. parliamentary secretary to the effect that the provisions contained in Bill C-474 would clearly alter the conditions under which these appropriations were originally authorized.
Bill C-474 also proposes a new mandate for the commissioner. The current mandate is spelled out in section 21.1 of the Auditor General Act. It states:21.1 The purpose of the Commissioner is to provide sustainable development monitoring and reporting on the progress of category 1 departments towards sustainable development—
Category I departments are defined in the act as any departments named in Schedule I of the Financial Administration Act, in the schedule to the Auditor General Act or identified by the governor in council under subsection 24(3).
However, clause 13 of Bill C-474 would modify the mandate of this new independent commissioner to require, namely, the development of “a national sustainability monitoring system to assess...the state of the Canadian environment, nationally and by province” as well as “...the national and provincial performance in meeting each sustainable development goal...” listed in the bill.
Goals listed in the bill include “generating genuine wealth, shifting to clean energy, producing healthy food and building sustainable cities”, to quote the bill.
As House of Commons Procedure and Practice points out, on page 711:
A Royal Recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications.
The clause 13 requirements would impose additional functions on the commissioner that are substantially different from those foreseen in the current mandate. In the Chair's view, clause 13 thus alters the conditions set out in the original bill to which a royal recommendation was attached.
Finally, the hon. parliamentary secretary argued that the creation of the sustainable development advisory council provided for in Bill C-474 requires a royal recommendation since this would require the expenditure of public funds in a manner and for a purpose not currently authorized.
Clause 7 of the bill provides for the governor in council to appoint 25 representatives to the advisory council. Section 23 of the Interpretation Act makes it clear that the power to appoint includes the power to pay. As the provision in Bill C-474 is such that the governor in council could choose to pay a salary to these representatives, this involves an appropriation of a part of the public revenue and should be accompanied by a royal recommendation. If the intention of the bill is that these representatives would not be paid, then this should be clearly expressed in the bill.
For all of these reasons, I will decline to put the question on third reading of this bill in its present form unless a royal recommendation is received.
However, debate is currently on the motion for second reading and this motion shall be put to a vote at the close of the second reading debate, of course in conformity with the Standing Orders of the House.
Resuming debate, the hon. Parliamentary Secretary to the Minister of Transport.