I am now prepared to rule on the point of order raised February 8, 2024, by the parliamentary secretary to the government House leader concerning the admissibility of amendments made to Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, adoptive and intended parents, by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.

In his intervention, the parliamentary secretary stated that the four amendments adopted by the committee during its clause-by-clause consideration of the bill not only exceeded the scope of the bill as adopted by the House at second reading, but also required a royal recommendation, since they seek to authorize new and distinct spending not authorized by the Employment Insurance Act or any other statute or appropriation.

In response, the member for Winnipeg Centre noted that since the adoption in the previous session of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, all federal legislation must be compatible with the United Nations Declaration on the Rights of Indigenous Peoples, a goal her amendments sought to achieve. She also indicated that the government had the power to provide the royal recommendation required for these amendments.

The House will recall that on May 4, 2023, the Chair ruled that Bill C‑318 required a royal recommendation when it stated at page 14043 of Debates, and I quote:

...clause 5 adds new section 22.1 to the Employment Insurance Act to create a new type of special benefit, namely, a 15-week attachment benefit for adoptive parents and parents of children conceived through surrogacy. The bill also provides for the duration of this new benefit to be extended for various reasons. Implementing Bill C‑318 would create a new type of benefit, and therefore, lead to increasing public expenditures for purposes not currently authorized by the act. As a result, a new royal recommendation is required for the bill to receive a final vote in the House at third reading.

During the clause-by-clause study of the bill by the committee, four amendments moved by the member for Winnipeg Centre were adopted. The amendments to clause 1 and clause 8 apply to the Employment Insurance Act and the amendments to clause 14 and clause 17 apply to the Canada Labour Code.

The amendments to clauses 1 and 8 modify the bill to include, for the purposes of the new benefit created by the bill, a situation where one or more indigenous children could be placed with a claimant, other than the child’s parents, in accordance with the customs or traditions of the indigenous group, community or people to which they belong. With the new provisions, the claimant could be entitled to obtain a 15-week benefit drawn from the treasury, a notion which is not currently provided for in the bill as adopted at second reading.

Both amendments had been ruled inadmissible by the chair of the committee since they would create a new and distinct charge on the public treasury and as such would require a royal recommendation. As indicated in House of Commons Procedure and Practice, third edition, at page 772:

Since an amendment may not infringe upon the financial initiative of the Crown, it is inadmissible if it imposes a charge on the public treasury, or if it extends the objects or purposes or relaxes the conditions and qualifications specified in the royal recommendation.

Bill C-318 also proposes amendments to the Canada Labour Code to extend parental leave in the case of the transfer of a child through adoption or a child born through surrogacy. The amendments to clauses 14 and 17 create a new corresponding extended leave of absence to match the benefit established by the first two amendments to clauses 1 and 8. Here, the committee chair deemed both amendments to be beyond the scope of the bill and thus also ruled them inadmissible.

In the case of all four amendments, the committee chair’s rulings were challenged and overturned, and the amendments ultimately adopted.

As the House knows, the Speaker does not normally intervene on matters upon which committees are competent to take decisions. However, the admissibility of any amendments adopted by a committee may be challenged on procedural grounds in the House after a bill is reported back. As indicated in House of Commons Procedure and Practice, third edition, at page 779:

The admissibility of the amendments is then determined by the Speaker of the House, whether in response to a point of order or on the Speaker’s own initiative.

When called upon to deal with such matters, the Chair is guided by Speaker Fraser’s explanation of April 28, 1992, at page 9801 of the Debates, and I quote:

When a bill is referred to a standing or legislative committee of the House, that committee is only empowered to adopt, amend or negative the clauses found in that piece of legislation and to report the bill to the House with or without amendments. The committee is restricted in its examination in a number of ways. It cannot infringe on the financial initiative of the Crown, it cannot go beyond the scope of the bill as passed at second reading, and it cannot reach back to the parent act to make further amendments not contemplated in the bill no matter how tempting that may be.

In light of the arguments presented by both the parliamentary secretary to the government House leader and the member for Winnipeg Centre, the Chair has examined the four amendments at issue. The amendments to clause 1 and clause 8 do indeed propose a charge upon the public revenue and therefore infringe on the financial initiative of the Crown.

While the Chair recognizes that challenges may arise when a committee must examine a bill where the Speaker has previously determined that a royal recommendation will be required before putting the question at third reading, a committee must still carry out its mandate without exceeding its powers. As explained by Speaker Milliken in his ruling from November 19, 2009, at page 6939 of the Debates:

In my view, by adopting an amendment that infringes on the financial initiative of the Crown, even when it is directed at a clause itself needing a royal recommendation, a committee ventures beyond its mandate.

As previously stated, the bill aims to create a new benefit and corresponding extended leave for adoptive parents and parents of children conceived through surrogacy. The amendments to clauses 8 and 14 provide that one or more indigenous children could be placed, in accordance with the customs or traditions of the indigenous group, community or people to which they belong, with a person other than the child’s parents. This person could be entitled to an extended leave, which introduces a new concept not found in the bill as adopted at second reading. Thus, these amendments do go beyond the scope of Bill C-318.

Consequently, I must order that all four amendments adopted by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities be declared null and void and no longer form part of the bill as reported to the House.

In addition, I am ordering that the reprint of Bill C-318, as ordered by the committee, be cancelled. The text of the bill as adopted at second reading will stand as the official version of the bill for consideration at report stage.

Given that the bill is now reported back from committee without amendment, the requirement for a royal recommendation, as explained in the Chair's ruling from May 4, 2023, stands. Consequently, I will decline to put the question on third reading unless a royal recommendation is received.

I thank all members for their attention.

Greg Fergus

$480,916.00