I am now ready to rule on the points of order raised on March 1, 22 and 28 by the member for Bécancour—Nicolet—Saurel, the parliamentary secretary to the government House leader and the member for La Prairie regarding Bill C‑237, an act to amend the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act, standing on the Order Paper in the name of the member for Bécancour—Nicolet—Saurel.
During his intervention, the sponsor of Bill C‑237 argued that it entails no new expense and does not change the transfer amounts or its purpose nor does it change the beneficiaries or how the funding is allocated to them. He continued by saying that all C‑237 does is reduce federal control over the management of provincial programs in the provinces' own jurisdictions.
The member added that his bill seeks to exempt Quebec, and only Quebec, from the application of the Canada Health Act. The member for La Prairie added to these arguments that a bill that amends a condition or qualification of an existing act should be accompanied by a royal recommendation only if that amendment entails an increase in these costs or changes the purpose, which he argued is not the case with C‑237.
For his part, the parliamentary secretary to the government House leader argued that the bill seeks to eliminate conditions and qualifications associated with the legislative spending power enacted by the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act. He thus contended that a new royal recommendation is needed for the purposes of the Canada Health Transfer to the provinces as proposed by Bill C-237. I reviewed the bill and I have reached the following conclusions concerning this impact on the royal recommendation.
Section 1 of the bill provides that Quebec need not apply the conditions set out in paragraph 24(a) of the Federal-Provincial Fiscal Arrangements Act in order to obtain the amounts referred to in subsection 24.1(1) of that act. Section 3 of Bill C-237 provides that Quebec receives the full monetary contribution provided for in the Canada Health Act without being subject to the various grant conditions set out in that act. In other words, the result of the mechanism proposed by Bill C-237 would be to exempt Quebec from having to fulfill the conditions to which it is currently subject in order to receive the Canada Health Transfer, which originate in the Federal-Provincial Fiscal Arrangements Act and the Canada Health Act.
The member for Bécancour—Nicolet—Saurel argued that these changes have no financial effect in terms of either the amounts or their destination. However, these changes would amend the terms and conditions initially attached to the Canada health transfer, which were approved by Parliament.
On this, page 838 of the House of Commons Procedure and Practice, third edition, states:
A royal recommendation not only fixes the allowable charge, but also its objects, purposes, conditions and qualifications. For this reason, a royal recommendation is required not only in the case where money is being appropriated, but also in the case where the authorization to spend for a specific purpose is significantly altered. Without a royal recommendation, a bill that either increases the amount of an appropriation or extends its objects, purposes, conditions and qualifications is inadmissible on the grounds that it infringes on the Crown’s financial initiative.
As the member for Bécancour—Nicolet—Saurel indicated in his intervention, the bill seeks to exempt Quebec from the application of the Canada Health Act. Thus, after analysis and in keeping with the precedents, including the rulings by Speaker Milliken on May 8, 2008, and by my predecessor on December 6, 2016, the Chair is of the opinion that the implementation of Bill C-237 would contravene the conditions initially provided for in the royal recommendation. Accordingly, the Chair is of the view that Bill C-237 must be accompanied by a royal recommendation.
Consequently, the Chair will decline to put the question at the third reading stage of the bill in its present form unless a royal recommendation is received.
When this item is next before the House, the debate will only be on the motion for second reading of the bill, and the question will be put to the House at the end of this debate.
I thank all members for their attention.