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House Hansard - 139

44th Parl. 1st Sess.
December 1, 2022 10:00AM
I am now ready to rule on the point of order raised on October 4, 2022, by the parliamentary secretary to the government House leader regarding Bill C-285, an act to amend the Canadian Human Rights Act, the Canada Labour Code and the Employment Insurance Act. In my statement of September 26, 2022, concerning Private Members’ Business, I expressed concern about Bill C-285, which stands in the name of the member for Niagara West. At the time, I encouraged members who wished to present their views on the need for the bill to be accompanied by a royal recommendation to do so. When he rose in the House, the parliamentary secretary to the government House leader explained that Bill C-285 would provide an exception for claimants to receive employment insurance benefits if they lose their job for the sole reason that they made certain decisions about their health. In his view, this amendment to the act would therefore authorize employment insurance benefits in a manner and for purposes not currently permitted by the act. As noted in House of Commons Procedure and Practice, third edition, on page 838, “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.” Clause 7 of the bill adds section 35.1 to the Employment Insurance Act. It creates an exemption to the grounds for disqualifying or disentitling a claimant from receiving employment insurance benefits that are listed in sections 30 to 33 of the act by providing that no claimant is disqualified or disentitled from receiving benefits if they lost their employment for the sole reason that they made certain decisions about their health. The Chair is of the view that the bill imposes a new charge on the public treasury and infringes on the financial prerogative of the Crown. As a result, the Chair finds that the bill must be accompanied by a royal recommendation if it is to receive a final vote in the House at third reading. For now, the next time the House takes up the bill, it will begin debate on the second reading motion, and this motion can be put to a vote at the conclusion of that debate. I thank the members for their attention.
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