I am now prepared to rule on the point of order raised on May 11, 2010, by the hon. Parliamentary Secretary to the Government House Leader concerning the need for a royal recommendation for Bill C-501, An Act to amend the Bankruptcy and Insolvency Act and other Acts (pension protection), standing in the name of the hon. member for Thunder Bay-Rainy River.
I would like to thank the parliamentary secretary for having raised this matter, as well as the hon. member for Thunder Bay—Rainy River for his comments.
In his point of order, the parliamentary secretary pointed out that Bill C-501 makes provision for the appointment of adjudicators by the Minister of Labour in connection with claims against directors for the recovery of debts filed under the Canada Business Corporations Act. These provisions are found in clause 6 of the bill.
He drew the attention of the House to section 23 of the Interpretation Act, which indicates that the power to appoint public officials includes the power to pay them. In his view, the appointment of adjudicators under the Canada Business Corporations Act would constitute the naming of officials for a new and distinct function not currently authorized by any existing appropriation.
The Chair has examined Bill C-501 carefully and has taken note of the authorities cited by the parliamentary secretary. The Chair has also looked closely at the existing provisions of the Canada Business Corporations Act.
During his intervention, the member for Thunder Bay—Rainy River maintained that the Minister of Labour has the power to name adjudicators under other legislation. However, what is specifically at issue here is the minister's ability to appoint such officials under the Canadian Business Corporations Act.
As this act in its current form does not provide for the appointment of adjudicators, it is clear to the Chair that the proposal in clause 6 of Bill C-501 proposes a new and distinct function for the Minister of Labour, which would require an expenditure of public funds.
In accordance with Standing Order 79(1), the Chair must therefore rule that the bill requires a royal recommendation, and will decline to put the question on third reading of the bill in its present form unless a royal recommendation is received.
The recorded division later today, however, is on the motion for second reading, which can proceed as scheduled.
The Chair would like to take this opportunity to remind all hon. members of the importance which the Speaker attaches to questions of this nature. The orderly conduct of our proceedings, particularly where it touches on matters relating to the appropriation of public funds or the imposing of charges on the people, is of great importance in permitting the House to deliberate in a calm and well-considered manner. Procedural issues which may arise from time to time are often complex and it assists both the Chair and the House as a whole when they are raised as early as possible in the proceedings.
I thank hon. members for their attention.