I am now prepared to rule on the point of order raised on December 12, 2023, by the House leader of the official opposition, concerning the application of Standing Order 69.1 to Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023, and certain provisions of the budget tabled in Parliament on March 28, 2023.
According to the House leader of the official opposition, Bill C‑59 is an omnibus bill and therefore he asked the Chair to apply Standing Order 69.1(1), which provides as follows:
In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.
The member relied on Speaker Regan's decision of November 8, 2017, to argue that Bill C-59 should not benefit from the exception provided by Standing Order 69.1(2). This exception stipulates that section 1 does not apply if a bill “has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.”
The House leader of the official opposition contended that the implementation of measures announced in the economic statement of November 21, 2023, is not enough of a common element to justify grouping them for voting purposes. He also asserted that an economic statement is not, properly speaking, a budget. The member said that Bill C-59 should be divided in 16 for the purpose of voting. He further stated that two of the 16 pieces, which are similar to bills C‑318 and C‑323, should simply not be put to a vote at all, given that the House has already passed those bills at second reading.
In response, the parliamentary secretary to the government House leader pointed out that Bill C-59 mainly contains provisions implementing measures announced in the 2023 budget, along with some measures announced in the fall economic statement, whose common theme is addressing the affordability challenges facing Canadians. Consequently, he concluded that the measures included in the budget and those announced in the fall economic statement should be voted on together.
The Chair must first determine whether the main purpose of Bill C-59 is to implement the budget and whether it therefore falls within the exception provided by Standing Order 69.1(2).
The Standing Orders place very specific conditions on the consideration of budgets. For instance, a particular order of the day must be designated. Debate lasts a certain number of days, and votes take place at certain points in time. From start to finish, budgets are an integral part of the business of ways and means.
House of Commons Procedure and Practice, third edition, defines financial statements as follows on pages 901 and 902:
On occasion, the Minister of Finance makes an economic statement to the House, generally referred to as a ‘mini‑budget’, that provides basic economic and fiscal information that will be the subject of policy review and public debate leading up to the next budget. Unlike a budget presentation, these statements are delivered without notice and do not precipitate a budget debate. Notices of ways and means motions are also tabled on these occasions.
Budget presentations and economic statements are therefore related concepts, but each has its own unique characteristics.
Both the economic statement of fall 2023 and the budget of spring 2023 are very long and complex documents. As indicated in its title, “An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023”, Bill C-59 indeed contains many measures; some stem from the budget documents, others from the economic statement.
However, some measures are not to be found in either. The Chair takes the view that the main purpose of the bill is not the implementation of a budget, and the exception provided in Standing Order 69.1(2) does not apply in this case.
The Chair must now determine whether a common element connects the various provisions of Bill C-59 and, if not, to what extent all or some of the provisions are closely related. A broad common theme is not sufficient. As explained on November 7, 2017, at page 15095 of the Debates, the Chair must decide “whether the matters are so unrelated as to warrant a separate vote at second and third reading.”
In deciding whether a link exists, the Chair may consider several factors. Different measures may have a single objective or common elements, as the Chair found in its decision on Bill C‑4 on September 29, 2020, whose common element was a public health crisis. Cross-references between parts of a bill, or a lack thereof, may also be an indicator.
After completing this analysis, the Chair believes that Bill C‑59 should indeed be divided for the purpose of voting. As my predecessor noted on November 28, 2022, on page 10087 of the Debates, “[t]he objective here is not to divide the bill for consideration purposes, but to enable the House to decide questions that are not closely related separately.”
First, the measures in clauses 1 to 136, 138 to 143, 168 to 196, 209 to 216, and 278 to 317 appear in the 2023 budget. Since their purpose is to implement certain budget proposals, they would be grouped based on this unifying theme and voted on together.
Second, the measures that can be grouped under the theme of affordability, clauses 137, 144, and 231 to 272, will be subject to a different vote. Clauses 197 to 208 and 342 to 365 will also be grouped for voting because they amend the Canada Labour Code. Clauses 145 to 167, 217 and 218 will be subject to a separate vote because they relate to vaping products, cannabis and tobacco.
The remaining divisions of Bill C-59, consisting of clauses 219 to 230, 273 to 277, 318 and 319, 320 to 322, and 323 to 341, will each be voted on separately because they are not linked to any of the common themes mentioned earlier. In all, nine votes will be held. The Chair will remind members of this division when the bill comes to a vote at second reading.
Finally, I would like to remind members of the Chair's ruling on December 12, 2023, which also dealt with Bill C-59. The Chair found that Bill C-318 and Bill C-323 can continue through the legislative process.
I thank all members for their attention.
