practice prevails as in the English House of Commons, the second reading may be rejected or an amendment may be carried that it be read on next. If the bill be read a second time, it is then proposed 'that the House go into Committee on the bill on next," but in some cases it is referred to a Select Committee sessional or standing. tee. Committee. Three kinds of Committees have been commitestablished by the Canadian Parliament (1) Committees of the whole, (2) Special Committees, and (3) Joint Committees. (1) Committees of the whole are composed of all the members and sit in the house itself. (2) The Special Committees fall into two classes. Special Committees. (a) Standing Committees appointed at the commence(a) Standment of each session to inquire into and report on matters ing Comreferred to them by the House and relating to special fixed subjects. In the Commons these Committees are appointed on the following subjects: (1) Privileges and Elections. (2) Standing orders. (3) Printing Public accounts. (4) Expiring laws. (5) Railway, canal and telegraph lines. (6) Miscellaneous private bills. (7) Banking and Commerce. (8) Immigration and Colonization. In the Senate similar Committees are appointed for standing orders, private bills, railways, telegraphs and harbours, and banking and commerce. It will be observed that some of these Committees correspond to the two Grand Committees on (1) The Courts of mittees. (b) Other Special Committees. Joint Committees. Law and procedure, and (2) Trade, shipping and manufactures formed by the House of Commons in 1882. The English Grand Committees are required to consist of not less than 60, and not more than 80, members, but in Canada the standing Committees may consist of any number. The smaller Committees consist of from 30 to 40 members, whilst as many as 130 may be on the more important Committees. (6) Special Committees are often appointed to consider a particular subject, such as trade between different provinces, criminal law etc. In the Commons these Committees except in special cases are, as in England, limited to 15 members, but in the Senate the number is not limited. The Commons maintain still the old English ruleʻ, that a member opposed to the principle of a bill cannot serve on a Select Committee to which such bill is referred. The 18th standing order provides "It shall always be understood that no member who declares against the principle or substance of a bill, resolution or matter to be committed can be nominated of such committee." A member, who merely takes objection to some particulars of the bill, or who opposes the appointment of the Committee, is not considered as coming within the scope of the rule". In England the rule no longer prevails: all that is required is that the members nominated shall be willing to serve. (3) Joint Committees are Committees appointed jointly by both Houses. Standing joint Committees are usually appointed to look after the Library belonging to the Houses and Government printing. Each House appoints a Committee on these subjects and authorizes it to confer 1 Burinot, p. 430. 2 Com. S. O. 78, 79. 3 Burinot, p. 430. 6 E. S. O. 28. with the Committee of the other House and then informs the other House by message of what it has done1. In some cases and always in the case of private bills, Witnesses. witnesses are examined before the Committees, and by the 39 Vict. c. 7, witnesses may be examined on oath if the House thinks fit. Previous to this Act it was held by the law officers of the Crown in England, that the Canadian Parliament could not by statute, vest in itself power to administer oaths where such power was not possessed by the English House of Commons at the time the British North America Act 1867 was passed. And as until the year 1871' the English House of Commons, except in the case of private bills3, did not possess the power to administer an oath Canadian bills giving power to administer oaths generally were disallowed'. To obviate this difficulty an Act was passed by the Imperial Parliament giving the Dominion Parliament the right to define by Act the powers, privileges and immunities to be enjoyed by the Senate and House of Commons, provided such powers, privileges and immunities should not exceed those enjoyed by the English House of Commons at the time of the passing of such Act by the Canadian Parliament. Under the provisions of this Act the Canadian Parliament in 1876 passed an Act giving the necessary power to examine witnesses on oath or on affirmation. An ordinary public bill is usually referred to one of the above Committees but in some cases this course is not adopted. The Appropriation Bill is not referred to Com- Appromittee in either the Commons or the Senate'; and in some Bill. priation cases where a bill was founded on resolutions passed in 1 Burinot, pp. 403, 427. 3 Under 21 and 22 Vict. (i.) c. 78. 2 34 and 35 Vict. (i.) c. 83. 4 Can. Com. J. 1873, Oct. sess. p. 5. Committee of the whole. Report. Third Reading. Committee of the whole, the Commons instead of committing the bill have had it read at length'. Mr Burinot2 suggests that this practice has been followed only in a few cases where there was no wish to introduce amendments. Assuming that the House is going into Committee on the bill the procedure is as follows. When the order for the day for the Committee is reached, and it is desired to have any "Instructions" given to the Committee, a motion to that effect should then be made. The object of such instructions is to confer on the Committee some power it would not otherwise possess. If no motion is made for instructions, the Speaker puts the question "that I do now leave the chair," on which a debate may ensue. When the House finally resolves itself into Committee, the Speaker leaves the chair, and there being no permanent Chairman of Committees as in England he in accordance with the standing orders calls on some member to take the chair. The bill is then considered clause by clause, the preamble and title being last considered. At any time new clauses may be considered and amendments though not within the scope and title of the bill may be introduced. After all the clauses have been considered the Chairman makes a report to the House. The bill is usually taken into consideration at once, and a time is appointed for the third reading. The English practice of amending a bill at this stage is usual in the Senate but it has not been adopted in the Commons, though the bill may be recommitted with or without limitations. Third Reading. On the third reading in the Commons the English practice is adopted of not allowing any amendment except mere verbal ones, though in former years substantial changes were sometimes introduced at this 1 Can. Com. J. 1867-8, 37, 226, 314. 2 Burinot, p. 509. 4 Burinot, p. 543. stage'. On the other hand the Senate constantly amends bills on the third reading without referring them back to Committee. Motion, that Bill do pass. After the third reading the Passing. next question is "That this bill do pass;' and though usually this is carried nem. con. immediately after the third reading, it may be deferred or be postponed to a future day. This seems to be the proper time for amending the title if necessary. The bill being passed is reprinted and by order of the Subsequent pro House is communicated to the Senate through one of the ceedings. clerks, who presents it at the bar. If the Senate passes the bill without any amendment, a written message is sent to that effect, but if it is rejected no message is sent. If passed with amendments it is returned with such amendments attached to a copy of the bill. The amendments may be accepted, in which case they are read twice and agreed to forthwith, and a message returned to that effect. When the amendments are important, a member may propose "that they be read that day months" and if such motion be carried, the bill is practically thrown out, or he may move that the amendments be disagreed to for certain reasons, in which case the reasons are communicated to the other House. practice of holding a Conference is no longer resorted to, and if the two Houses cannot agree, the bill must drop for that session. The PRIVATE BILLS. Private A Private Bill may be defined as a bill which relates to Public and the interests of private individuals or of corporate bodies, Bills. and does not affect the interests of the community as a whole. It is somewhat difficult to draw the line between 1 Burinot, p. 550. ♪ Ib. pp. 402, 554. 2 Ib. 3 Ib. p. 551. 4 Ib. |