Committee of the whole. Report. Third 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 Reading. 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. next question is "That this 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. After the third reading the Passing. bill do pass;' and though quent pro ceedings. The bill being passed is reprinted and by order of the SubseHouse is communicated to the Senate through one of the 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. The practice of holding a Conference is no longer resorted to, and if the two Houses cannot agree, the bill must drop for that session. 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. to Su preme public and private bills, inasmuch as some bills may relate as much to the public interest as to individual interest. In Canada it rests with the Speaker or with the Committee to which the bill is referred to decide the class to which a bill belongs. Owing to the restrictions that have been imposed on the legislative power of Canada, it is possible for a private bill to be introduced relating to a matter not within the legislative competence of the Dominion. Sometimes the point is raised in the House itself and sometimes in Committee, and when it is clear that any provisions of the bill are "unconstitutional," they are always struck out. Reference As a further precaution against passing an 'illegal' Act, it was provided by the Supreme and Exchequer Court Act', Court. that the Supreme Court or any two of its judges should examine and report upon any private bill or petition for a private bill referred to the Court under any of the rules of either House of Parliament. A private bill is introduced by petition. As a rule previous to its introduction notice of its main provisions has to be given in the Canadian Gazette and in the local papers. Contrary to the English practice a member of the House may take charge of the bill and promote its progress. As the rules that govern ordinary petitions apply to a private bill petition, a member during the first ten days of the session presents the petition in his place, restricting himself to a statement of its prayer. It is then referred as a matter of course to the Committee on Standing Orders, who report whether the rule with regard to notice has been complied with. If there has been any informality in the notice the Committee may yet recommend the House to dispense with a regular notice, and it seems the Committee are inclined to adopt this course, where it appears that the parties interested have had sufficient notice, and that no interests are affected except those of the petitioners. 1 38 Vic. c. 11. mittee. Where the Committee reports favourably the petition is 1st & 2nd readings. at once presented and leave given to read it a first time. On a subsequent occasion it is read a second time, and though at this or any other stage it may be opposed, it is usual to refer it without opposition to a Committee. In England Comthe Committee on a private bill usually consists of four members nominated by a "Committee of Selection." In Canada a private bill goes before one of the large standing Committees according to its class. In the House of Commons there are four such Committees, (1) Standing Orders, 42 members, (2) Railways, Canals and Telegraph Lines, 136 members, (3) Banking and Commerce, 98 members, and (4) Miscellaneous Private Bills, 70 members. Senate the Committees are three in number, (1) Standing Orders and Private Bills, 36 members, (2) Railways, Telegraphs and Harbours, 32 members, and (3) Banks and Commerce, 29 members. In the The Committee hears evidence for and against the bill, following the English practice, and finally makes its report to the House. If the report is favourable, the bill is read a third time. The different stages of a private bill in the Senate In Senate. are practically the same as those in the Commons, but in the case of Divorce bills which, in accordance with the Canadian practice, are introduced in the Senate, special rules have been laid down1. 1 For a more detailed account of private bill legislation see Burinot, pp. 584-680. Office created by Letters Changes CHAPTER XV. THE GOVERNOR-GENERAL. THE office of Governor-General of Canada created by the Crown by Letters Patent existed prior to the Union of 1867, but after the Confederation the Letters Patent were revised, and new ones were issued in 1878. The Letters Patent create the office and declare that the person who shall fill the office shall be appointed by Commission under Sign Manual and Signet, and that he shall exercise the powers vested in him by virtue of the Letters Patent and of the Commission issued to him, according to such Instructions as may from time to time be given to him either under Sign Manual and Signet, or by Order in Council, or by Her Majesty through one of the Secretaries of State and in accordance with such laws as may be in force in the Dominion. When the draft of these Letters Patent was submitted suggested by Canada, to the Canadian Government, it was urged by the then Minister of Justice that, as Canada possessed more extensive powers of self-government than had been conceded to any other colony, and consisted not of one province but of seven provinces, the widest powers possible consistent with the British North America Act should be conferred on the Governor-General. This principle was practically adopted by the Home Government, and on the appointment of the Marquis of Lorne several changes were introduced into the Commission and Instructions, of which the more important were as follows:: 1 See Appendix. |