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House Hansard - 43

44th Parl. 1st Sess.
March 22, 2022 10:00AM
Context: House Hansard - 43 - Mar/22/22
Mr. Kevin Lamoureux (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.)
Mr. Speaker, I am rising on this particular point of order in response to your February 28, 2022, statement respecting the need for a royal recommendation for Bill C-215, an act to amend the Employment Insurance Act, illness, injury or quarantine, sponsored by the member for Lévis—Lotbinière. Without commenting on the merits of the bill, I suggest that the provision in the bill to extend sickness benefits to 52 weeks would seek to authorize a new and distinct charge on the consolidated revenue fund not authorized in statute. In instances when there is no existing statutory authority or an appropriation to cover the new and distinct charge, a royal recommendation is in fact required. The provisions of the bill amending the Employment Insurance Act would increase the maximum number of weeks for employment insurance sickness benefits. This increase in the number of weeks of benefits is authorized, once passed, by royal recommendation attached to the bill. The royal recommendation not only fixes the maximum charge on the consolidated revenue fund, but also the objects, purposes, conditions and qualifications of provisions subject to the royal recommendation. Speakers have consistently ruled that bills seeking to increase the length of a benefit, change the qualifications or alter the conditions for employment insurance benefits need to be accompanied by a royal recommendation. Let me draw to the attention of members a few germane rulings on this matter. On April 22, 2009, the Speaker ruled on Bill C-241, an Act to amend the Employment Insurance Act, removal of waiting period. The Speaker stated: [T]he chair is of the opinion that the provisions of Bill C-241 would authorize a new and distinct charge on the public treasury. Since such spending is not covered by the terms of any existing appropriation, I will therefore decline to put the question on third reading of this bill in its present form... On June 3, 2009, the Speaker ruled on Bill C-280, an Act to amend the Employment Insurance Act, qualification for and entitlement to benefits. In the ruling, the Deputy Speaker stated: On March 23, 2007, in a ruling on Bill C-265... the Chair had concluded that: “It is abundantly clear to the Chair that such changes to the employment insurance program... would have the effect of authorizing increased expenditures from the Consolidated Revenue Fund in a manner and for purposes not currently authorized. Therefore, it appears to the Chair that those provisions of the bill which relate to increasing Employment Insurance benefits and easing the qualifications required to obtain them would require a royal recommendation.” Having heard no new compelling argument to reach a conclusion that is different than the one concerning Bill C-265, I will decline to put the question on third reading of Bill C-280 in its present form unless a royal recommendation is received. A more recent and directly relevant case is to be found in the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities' consideration of Bill C-24, an Act to amend the Employment Insurance Act, additional regular benefits, the Canada Recovery Benefits Act, restriction on eligibility, and another Act in response to COVID-19 on March 11, 2021. This bill sought, among other things, to increase the number of weeks of EI regular benefits available by up to 24 weeks to a maximum of 50 weeks for claims that were made between September 27, 2020, and September 25, 2021. During the clause-by-clause consideration of the bill, the member for Elmwood—Transcona proposed an amendment that attempted to increase the number of weeks of payments to an employment insurance claimant in the case of prescribed illness, injury, or quarantine from 15 to 50 weeks, therefore allowing people to have access to these payments for longer than they can currently under the Employment Insurance Act. In proposing the amendment, the chair of the committee ruled the amendment as inadmissible because it required a royal recommendation. The chair ruled: Bill C-24 seeks to amend the Employment Insurance Act by increasing the number of weeks paid under part 1 of that act under certain circumstances. This amendment attempts to increase the number of weeks of payments to a claimant, in the case of prescribed illness, injury or quarantine, from 15 to 50 weeks, therefore allowing people to have access to these payments for longer than they can currently under the Employment Insurance Act. As House of Commons Procedure and Practice, third edition, states 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.” In the opinion of the chair, the amendment as proposed requires a royal recommendation since it imposes a new charge on the public treasury, and I therefore rule the amendment inadmissible. A royal recommendation may only be obtained by a minister of the Crown on the advice of the Governor General. In the absence of a royal recommendation, Bill C-215 may proceed through the legislative process in the House up until the end of the debate at third reading. In cases in which the Speaker has ruled that the royal recommendation is required, and it has not been provided before the third reading vote, the Speaker refuses to put the question at third reading and orders the bill discharged from the Order Paper. I submit that this is the case before you with respect to Bill C-215. Precedents clearly suggest that a bill or motion that seeks to incur new and distinct expenditures from the consolidated revenue fund in a manner and for purposes not currently authorized require a royal recommendation.
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