I am now prepared to rule on the point of order raised on May 11, 2021, by the member for Saint-Hyacinthe—Bagot concerning the consideration of Bill C-216, an act to amend the Department of Foreign Affairs, Trade and Development Act (supply management), by the Standing Committee on International Trade.
In his remarks, the member for Saint-Hyacinthe—Bagot explained that the bill had been referred to the committee last March 10 and that its clause-by-clause study would not be until June 7. Until then, the committee had decided to concentrate its efforts on studies carried out under its general mandate.
According to the member, bills referred to a committee must take precedence over its work since they are the subject of a specific order from the House. He cited several extracts from the third edition of House of Commons Procedure and Practice, which say that committees do not enjoy absolute freedom and that they are constrained by orders of reference and instructions from the House.
He added that since committees are creatures of the House, the consideration of bills should take priority and he asked the Chair to order the committee to proceed with the study of Bill C-216 without delay.
The Chair would like to take this opportunity to remind members of the rules governing the consideration of bills in committee, and of private members’ bills in particular.
The member for Saint-Hyacinthe—Bagot is right to say that committees are entities created by the House. They must take account of the orders of reference that the House sends them from time to time, particularly in the case of specific instructions. The House has also given them the power to undertake their own studies under Standing Order 108. A committee may, therefore, decide to study questions related to the mandate, organization, administration or operation of the department or departments within its purview.
As for private members’ bills referred to committee, House of Commons Procedure and Practice, third edition, reminds us at page 1,158 in footnote 21:
Until 1997, there was no time limit on committee consideration of a private Member’s bill. [...] In April 1997, and again in November 1998, the Standing Orders were amended to require committees considering a private Member’s public bill to report back to the House within a time limit.
Since then, there has been an established framework for the study of these bills and committees must comply with the deadlines prescribed by Standing Order 97.1. They must consider private members' bills within 60 sitting days following the date of reference. If it is not possible to proceed by the established deadline, a committee can request a 30-sitting-day extension, failing which the committee is deemed to have reported without amendment. The rules in place thus prevent a private members' bill from remaining in committee indefinitely without being studied.
Practice is explicit regarding the moment when a committee proceeds with the consideration of bills. House of Commons Procedure and Practice, third edition, specifies at page 1,004 and 1,005 that:
The committee decides when and how it will consider each bill that is referred to it. It also decides when the clause-by-clause consideration of the bill will begin.... The period of time devoted to the consideration of the bill is determined by the committee, but it can be circumscribed or restricted by various factors, such as the obligation to report the bill within a prescribed time pursuant to a special order of the House or to a time allocation motion, or due to limits the committee has placed upon itself by adopting motions to that effect.
Each committee therefore remains the master of its proceedings and decides how it will organize its work, within the limits, of course, of the mandate and powers conferred by the House.
Thus, pursuant to Standing Order 97.1, barring any indication to the contrary from the House, the Committee has 60 sitting days to deal with this bill and must report it to the House by September 27, 2021.
I thank the hon. members for their attention.