Bill C-318 (Historical)

An Act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents)

This enactment amends the Employment Insurance Act to introduce a new type of special benefits: an attachment benefit of 15 weeks for adoptive parents and parents of children conceived through surrogacy. It also amends the Canada Labour Code to extend parental leave accordingly.

Motions in Amendment

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, it has been proven, after nine years, that the Liberal policies are doing nothing but creating more red tape.

I put forward a PMB, Bill C-318. Where is it? The Liberals stole it.

If the Liberals are so great with policies, maybe they should put some policies forward that do not create red tape, do not tax the taxpayer to death and actually have homes built. They are failing to do all of the above.

Government Business No. 35—Extension of Sitting Hours and Conduct of Extended Proceedings

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Maybe on another day, Madam Speaker.

I am pleased to talk about the motion we have before us, which one would think every member of the House of Commons would support. People who are following the debate should have an appreciation of what the motion would do, which is fairly straightforward.

On the one hand, we are seeing a lot of legislation. The government has a very healthy and progressive legislative agenda, and there is a limited amount of time during normal work hours, because the hours are set. The motion would give the opportunity, where there is a great level of interest, to have more debate on specific legislation or an agenda item from the government by allowing an extended sitting. This means we would have the evenings to continue debate.

Why would anyone believe having more debate is not a good thing here on the floor of the House of Commons? When we factor in all the whining and complaining we hear from the Conservatives at times about wanting more debate time on legislation, we would be giving them what they want. However, I suspect the Conservatives are likely going to be voting against that. When they take their time to stand or register their vote on the hybrid system, they will likely be voting against having more time for debate.

This is one important thing that the legislation would do.

The other thing it would do is provide the opportunity for us to prevent 24-hour voting sessions. The last time this happened, back in December, I can recall coming into the House early in the morning, starting debates and so forth and then the Conservatives saying that they wanted a standing vote and were going to force everybody to vote for the next 20 hours or so. I am going to go into this in a bit and talk about some of the things we voted on.

At a workplace where one is literally dealing with billions and billions of tax dollars and is expected to be aware of the content being voted on, or at least I would like to think members are aware of what they are voting on, it would be reasonable to expect one would not have to vote around the clock.

I had seen a nice graph provided by the member for Kingston and the Islands. If one looks at the graph, one sees there is fairly good participation until it became bedtime for the Conservatives. All of a sudden, instead of having 90% participation, it starts to drop. Once 11 o'clock hit, or getting close to midnight, it really plummets on the Conservatives' side. The good news is I think they stayed just above the 50%. I am not 100% sure of that, but I think it was just above. It might have dipped below, but I do not know for sure.

The point is the Conservatives saw the light back then, because at least half of them did not have a problem taking a health break so they could be more awake for the remaining votes. What we are proposing is to put in place a rule that would enable not only the Conservative Party members to have their sleep time but all members of the House to have a health break. I see that as a good thing. At least half of the Conservatives should be voting in favour of that one; otherwise, they may have a tough time looking in the mirror because that is exactly what they did the last time we had a voting marathon.

The other thing it provides for is for third reading to take place on the same day for which report stage is approved. That is an important aspect. Let me make it relevant to something that happened today where we had a sense of co-operation. There was, for example, a Conservative private member's bill that came up for report stage. All it would have taken was for any group to stand up when report stage was called, and say they would like a recorded vote. In fact, that happens. As a direct result, debate ends, or technically, does not even start, and then it is dropped until the next time it appears for third reading.

Instead of doing that, because we understood that the member wanted to have the private member's bill, Bill C-318, debated, we agreed, and then debate started at third reading. If we as a government recognize the value of that, and if private Conservative members recognize the value of it, then one would think there has to be a good percentage of Conservatives who would agree that the government should be able to have the same sort of treatment. It is a common courtesy. It was in the best interest of all concerned to have that take place.

From my perspective, those are the three big things taking place in the motion. It begs the question why any member of the House of Commons would vote against the measures being proposed. The short answer is that there is, I will not say a hidden agenda, because it is actually quite obvious, but a tactic that the Conservative Party has been using for years. I often refer to it as a destructive force here on the floor of the House of Commons. There are some people, especially from the far right, and we can call them the MAGA element or whatever we want, who at times have a disdain for institutions like the House of Commons. They want to show as much as possible that it is dysfunctional, believing they benefit by that.

I want people to think about this: There is an opposition party that criticizes the government for not getting its legislation through, but the reason we cannot get it through is that the Conservative Party, the opposition party, is playing games and preventing it from going through. It does not take much to prevent legislation from going through in the normal process. We could allow 12 students from Sisler High School, Maples Collegiate, R.B. Russell, Children of the Earth or St. John's High School, any school in my riding, to sit in the chamber, and that could prevent legislation from passing. It does not take much at all.

I remind my Conservative friends to realize what a majority of members in the chamber have realized, and that was that in the last election, a minority government was elected. That means that the government has to, as there is no choice, work on consensus and build with at least one willing partner in order to get things through. Otherwise it is not going to happen. That is one of the things the government should take away from the last election.

The official opposition also has a role to recognize. The official opposition, in particular its current leader, has not recognized the responsibility given by the people of Canada back in 2021. That member has a responsibility that I have not witnessed. I have seen the games by members of the Conservative Party. They do whatever they can to prevent legislation from passing and then criticize the government for not getting legislation passed. There are so many examples of that. We just finished an hour of debate on Bill C-318. In fact, I was the last to speak to it. There is no doubt that Bill C-318 is a very important piece of legislation. Listen to what people actually say about Bill C-318. Is there anyone in the chamber who does not support the principles being proposed? I would argue no.

We understand the value of Bill C-318. That is why, as a political party, with the Prime Minister, we made an election promise to follow through with the principles of Bill C-318. Let us look at the last budget. There was some preliminary work a year ago on this same issue about adoptive parents and how we could ensure they would get EI benefits. If we look at the mandate letters the Prime Minister gives to ministers, we can see that those principles are incorporated in them. Everyone knows that the government is moving forward on the issue.

The kicker is that it is actually in legislation today, Bill C-59, the fall economic statement. It is a very important piece of legislation that would support Canadians in a very real and tangible way. Where is that legislation today? It is still in second reading. The Conservatives refuse to pass it. When we call it forward, they come up with games. They do not want that legislation to pass.

Let us look at what happened during the previous fall economic statement. We were debating the budget of 2023-24 while we were still on the 2022 fall economic statement. That is bizarre. The Conservative Party members refused to pass the legislation. They would rather filibuster, knowing full well that there is a limited amount of time. Any group of grade 12 students would be able to do what they are doing, so it is no great achievement, unless, of course, they are trying to prove something. They are trying to say that the government is ineffective because the institution is broken.

The problem with this institution is that we do not have an opposition party that recognizes its true responsibilities. Conservative members' major objective is to be a destructive force on the floor of the House of Commons. What is the impact of that? Let us go back to the private member's bill, Bill C-318. If they had passed the fall economic statement when it should have been passed, then Bill C-318 would be virtually redundant and not be a necessary piece of legislation. In fact, it would have provided even more for adoptive parents in a family unit than Bill C-318.

However, it is not the first time, if we think of the types of legislation we have brought through. Sometimes, Conservatives will even filibuster legislation they agree with, as well as legislation they oppose. I remember my first speech on the Canada-Ukraine trade agreement. I was very generous with my comments. I honestly thought everyone was going to support it. It is a trade agreement that even the NDP, the Bloc and the Green Party supported. For the first time ever, Conservatives voted against a trade agreement and slowed down the debate on that legislation. Here we have a country at war, whose president came to Canada in September to sign the first trade agreement for Ukraine, sending a powerful message during a time of war, and the Conservative Party turned their backs on Ukraine and ultimately prevented the bill from passing as soon as it can—

Employment Insurance

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, the second petition I am presenting this morning is with regard to Bill C-318. Adoptive and intended parents are at a disadvantage under the current EI system, and all parents are deserving of equal access to parental benefits. Bill C-318 would deliver equitable access for parental leave for adoptive and intended parents alike.

Actually, the Speaker has ruled that the passage of Bill C-318 requires a royal recommendation. These petitioners, citizens of Canada, call upon the government to support adoptive and intended parents by providing the royal recommendation that is needed for Bill C-318.

Motions in amendment

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, it is an honour to rise today in support of this bill, Bill S-205, which was first introduced by Senator Boisvenu in 2021. First, I want to acknowledge his hard work and effort in putting this bill forward, as well as his courage in sharing his story about how gender-based violence impacted his own family. With that in mind, I think it was critical for him to ensure this bill passed through the House.

In general, this bill sets out to protect survivors of intimate partner violence through various amendments to the Criminal Code. These include ensuring judges consult the accused's intimate partner about their safety and security needs; allowing judges to consider the use of an electronic monitor for interim release; and establishing a new type of recognizance order, or peace bond, for survivors of intimate partner violence. If granted, the peace bond would allow the judge to impose conditions that could include electronic monitoring and a treatment or domestic violence counselling program.

Given that this bill is of great importance, especially because we know that rates of gender-based violence have increased since the pandemic, I can affirm the committee worked very hard to ensure that this bill was reviewed promptly so it could be passed into law. I am very excited to be here for the debate today and to keep this bill moving along. The committee also worked to make necessary amendments to address concerns expressed by the study's witnesses.

While discussing the bill, it is important to emphasize that intimate partner violence is a national crisis. We certainly know, as I indicated, that rates of violence within the home have increased since the pandemic. We also see a connection between intimate partner violence and the mental health crisis we are currently witnessing in Canada.

In fact, every six days, a woman in Canada is killed by her intimate partner. Given the severity of intimate partner violence, some Canadian cities, including Ottawa, Toronto and Kitchener, have gone so far as to declare it an epidemic. Therefore, we know that we need to address this crisis of violence. It is critical to put in place laws to ensure the safety of those who are experiencing violence.

Rates of intimate partner violence have been on the rise in recent years, especially, as I said, since the COVID-19 pandemic. Between 2014 and 2022, intimate partner violence rates increased by an alarming 20%. Intimate partner violence overwhelmingly impacts women, particularly young women. Forty-four per cent of women, or 6.2 million women aged 15 and older, have reported some kind of abuse in their intimate partner relationship. We often think about intimate partner violence in terms of those who are cohabiting, but even when we look at the impact on youth, the rates of intimate partner violence are alarming.

Women are similarly overrepresented in intimate partner homicides, which make up nearly one-fifth of all solved homicides in Canada. We also know that intimate partner violence disproportionately impacts low-income and indigenous women, as well as women who are visible minorities, disabled or 2SLGBTQ+. Particularly, there has been a rise of anti-trans hate happening in the country. We saw the Leader of the Opposition, the member for Carleton, fuelling the fires of anti-trans rhetoric last week when talking about safe places that will now exclude trans women.

We need to be vigilant in all areas of society to protect women. We know that the consequences of intimate partner violence are also very costly. The Department of Justice, for example, estimated the cost of intimate partner violence to be roughly $7.4 billion. It not only costs dignity and safety, it also costs us financially by turning a blind eye to the crisis of intimate partner violence.

One of the biggest concerns I had with this bill was the impact it might have on indigenous peoples. We know that the Liberal government throwing out the amendments to Bill C-318, as we heard this morning, is certainly not committed, but in the last Parliament, we did pass Bill C-15, which includes clause 5. It states, “The Government of Canada must, in consultation and cooperation with Indigenous peoples, take all measures necessary to ensure that the laws of Canada are consistent with the Declaration.”

Today, for example, it could have taken all the measures necessary to pass Bill C-13 and provide royal assent with the amendments to make sure it was consistent with the United Declaration on the Rights of Indigenous Peoples. It did not, but we know the Liberal government is not a champion of indigenous rights in this country as it continues to willfully violate our rights.

When we were amending Bill S-205, one of the concerns I had was related to indigenous peoples due to the ongoing legacy of colonial-state policies and laws. Indigenous people, as a result, are overrepresented in Canada's criminal justice system. We must make sure that our criminal justice system is consistent with Bill C-15, which affirms all legislation going forward. I know that this is a Senate bill, but, just as a matter of principle, it should be consistent with the United Declaration on the Rights of Indigenous Peoples.

In 2018, indigenous adults made up 30% of admissions to provincial and territorial custody and 29% of admissions to federal custody, while representing 4% of the population. Indigenous women made up an even greater share of those admitted into custody, at 42%. I moved an amendment in committee to add cases involving indigenous people to enable judges to consider alternative, culturally appropriate indigenous support services rather than imprisonment. This type of amendment is not only morally necessary, but also legally necessary as well. Again, Bill C-15 requires all Canadian government legislation to be consistent with the United Declaration on the Rights of Indigenous Peoples, which includes requirements to prevent discrimination against indigenous people and respect the integrity of indigenous cultures and traditions.

The Gladue principles in Canadian law compel judges to recognize the unique experiences of indigenous peoples, including prevent discrimination against indigenous people and respect the integrity of indigenous cultures and traditions. Given these considerations, judges must consider alternatives to prisons while sentencing, such as, for example, alternative restorative justice.

I would like to thank everybody and congratulate Senator Boisvenu. I am looking forward to seeing this bill move quickly through the House. I would also like to thank the committee for the hard discussions we had getting this bill through committee.

Amendments to Bill C-318 at Committee Stage—Speaker's Ruling

[The Speaker, Greg Fergus]

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.

Children and Families

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, I rise to table my last petition regarding Bill C-318. We know that adoptive and intended parents in our country are at a disadvantage under the current EI system, and all parents deserve equal access to parental leave benefits. Bill C-318 delivers equitable access to parental leave for adoptive and intended parents.

The undersigned of this petition, the residents of Canada, call upon the Government of Canada to support adoptive and intended parents by providing a royal recommendation for Bill C-318.

Amendments to Bill C-318 at Committee Stage

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I rise to intervene on a point of order raised by the member for Winnipeg North this morning respecting Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, adoptive and intended parents.

My colleague, the member for Winnipeg North, mentioned the committee process, where I tabled crucial amendments to this legislation that would bring the bill into compliance with Canadian law, specifically with the United Nations Declaration on the Rights of Indigenous Peoples. Let me remind the government that it is the government that passed Bill C-15, which affirms that all legislation going forward has to be compatible with the United Nations Declaration on the Rights of Indigenous Peoples.

Not including these important amendments means that the legislation now is not compliant with articles 19, 21 and 22 of the United Nations Declaration on the Rights of Indigenous Peoples. The member of Parliament for Winnipeg North talked about the amendments being out of scope, but even the sponsor of the bill said that the amendments were absolutely within the scope of what Bill C-318 was trying to do.

My colleague, the member for Winnipeg North, also pointed out the need for a royal recommendation for these amendments. I would like to encourage him to reconsider this, considering he has the highest number of kids in care in an urban area in the whole country, 90% who are indigenous.

What my colleague failed to mention is that the Liberal government has the power to allow the amendments to proceed by giving notice of a royal recommendation for Bill C-318. In fact, Bosc and Gagnon, at page 839, states the following:

...since Standing Order 79 was changed in 1994, private Members’ bills involving the spending of public money have been allowed to proceed through the legislative process on the assumption that a royal recommendation will be submitted by a Minister of the Crown before the bill is to be read a third time and passed

The only ones who can act right now are the Liberals. On their watch, they are not upholding Canadian law, which includes Bill C-15. We are meeting about the red dress right now, about murdered and missing indigenous women and girls. The child welfare system is called the pipeline for becoming murdered and missing. The government's failure is not addressing the 90% of kids in care.

It is only the Liberals who can save the lives of indigenous children who are being dropped off at shelters, separated from their families and communities. I am asking them to table a royal recommendation to do the right thing to ensure that Bill C-318 can go to a vote at third reading with the amendments adopted by committee. Although they have mentioned they are putting forth Bill C-59, a similar bill, once again it is not consistent with upholding Canadian law and the United Nations Declaration on the Rights of Indigenous Peoples.

It is in the hands of the Liberals. Lives are in their hands. They need to put forward a royal recommendation. This is a life and death matter. They have to stop playing with indigenous lives and do what is needed now.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, I rise on a point of order respecting the committee consideration of Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code with respect to adoptive and intended parents, standing in the name of the member for Battlefords—Lloydminster.

Now that the bill has been reported from committee and is now in the possession of the House, I would like to draw the attention of the Speaker to amendments made at committee that should be ruled inadmissible.

During the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities' consideration of the bill, amendments were made to clauses 1, 8, 14 and 17 that exceed the scope of the bill as adopted at second reading. Moreover, the amendments infringe on the financial prerogative of the Crown. Without commenting on the merits of the amendments, I will say that each of the four amendments seeks to add a new concept to the bill and therefore exceeds the scope of the bill as adopted at second reading.

I would also add that, in addition to exceeding the scope of the bill, the amendments would seek to authorize new and distinct spending for purposes not authorized by the Employment Insurance Act or any other statute or appropriation.

During clause-by-clause consideration of the bill, the chair ruled as follows in relation to the amendment to clause 1. He stated:

The current amendment attempts to create another benefit, whereby an indigenous child could be placed with a claimant different from the child's parents, following different processes from the provincial adoption process as stated in the bill, and the claimant could be entitled to obtain a 15-week benefit drawn from the treasury.

As House of Commons Procedure and Practice, third edition, states on 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 proposes a new scheme, one that imposes a new charge on the public treasury, and as such it would require a royal recommendation. Therefore I rule the amendment inadmissible.

The member for Winnipeg Centre moved a motion to challenge the ruling of the Chair. The committee voted to overturn the ruling of the chair, and the clause was adopted as amended.

Since the same amendment was moved on clauses 8, 14 and 17, the chair ruled these amendments inadmissible on the same grounds as the amendment to clause 1. The decision of the chair was then challenged for each of these amendments and the—

Employment Insurance

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Madam Speaker, my second petition is with regard to maternity and parental benefits when couples have a child. However, adoptive and intended parents are at a disadvantage under the current system and they should have equal access as new parents. Bill C-318 would deliver equitable access to parental leave for adoptive and intended parents.

I know there is support for this bill across the House, and the petitioners are calling for a royal recommendation on Bill C-318.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, adoptive and intended parents are at a disadvantage under the current EI system here in Canada. All parents are deserving of equal access to parental leave benefits. Bill C-318 would deliver equitable access to parental leave for adoptive and intended parents.

The undersigned citizens and residents of Canada call upon the Government of Canada to support adoptive and intended parents by providing a royal recommendation to Bill C-318.

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Mr. Speaker, it is my pleasure to rise once again to present a petition. Whereas employment insurance, maternity and parental benefits provide parents with critical financial support while they care for and bond with a new child, and having a parent at home longer in the critical first year of a child's life or placement within a family better supports healthy attachment and the well-being of a child, adoptive and intended parents are at a disadvantage under the current EI system.

Bill C-318 would deliver equitable access to parental leave for adoptive and intended parents, and the Speaker of the House of Commons has ruled that the passage of Bill C-318 requires a royal recommendation. The undersigned citizens and residents of Canada call upon the Government of Canada to support adoptive and intended parents by providing a royal recommendation for Bill C-318, which was just presented in the House.

Human Resources, Skills and Social Development and the Status of Persons with Disabilities

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, I have the honour to present, in both official languages, the 14th report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities in relation to Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents). The committee has studied the bill and has decided to report the bill back to the House with amendments.

Employment Insurance

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, we know employment insurance maternity and parental benefits provide parents with critical financial support while they care for and bond with their children. Adoptive and intended parents are at a disadvantage under the current EI system, whereas all parents deserve equal access to parental leave benefits.

Bill C-318 would deliver equitable access to parental leave for adoptive and intended parents. The Speaker of the House has said that the passage of Bill C-318 needs a royal recommendation. Therefore, the signatories of this petition call upon the Government of Canada to support adoptive and intended parents by providing a royal recommendation for Bill C-318.

Indigenous Affairs

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, the legacy of Canadian policies designed to kill the Indian in the child still impacts our families. There are more indigenous kids in child welfare today than there were at the height of residential schools. In Manitoba, over 90% are indigenous. That is why I was proud, along with my colleague from Port Moody—Coquitlam and the NDP, to amend Bill C-318 to provide EI benefits for kinship and customary care. I was concerned that the Liberal members abstained from voting but not surprised, considering they voted against our amendment to affirm the free, prior and informed consent of indigenous parents in the national child care legislation.

If the current government is not ready to give our kids back, then its words of reconciliation are empty. The government must uphold Bill C-15, which mandates the government to take all measures necessary to ensure that the laws of Canada are consistent with the United Nations Declaration on the Rights—

Bill C-59—Proposal to Apply Standing Order 69.1—Speaker's Ruling

[The Speaker, Greg Fergus]

I am now prepared to rule on the point of order raised on December 12, 2023, by the House leader of the official opposition, concerning the application of Standing Order 69.1 to Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023, and certain provisions of the budget tabled in Parliament on March 28, 2023.

According to the House leader of the official opposition, Bill C‑59 is an omnibus bill and therefore he asked the Chair to apply Standing Order 69.1(1), which provides as follows:

In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage.

The member relied on Speaker Regan's decision of November 8, 2017, to argue that Bill C-59 should not benefit from the exception provided by Standing Order 69.1(2). This exception stipulates that section 1 does not apply if a bill “has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation or in the documents tabled during the budget presentation.”

The House leader of the official opposition contended that the implementation of measures announced in the economic statement of November 21, 2023, is not enough of a common element to justify grouping them for voting purposes. He also asserted that an economic statement is not, properly speaking, a budget. The member said that Bill C-59 should be divided in 16 for the purpose of voting. He further stated that two of the 16 pieces, which are similar to bills C‑318 and C‑323, should simply not be put to a vote at all, given that the House has already passed those bills at second reading.

In response, the parliamentary secretary to the government House leader pointed out that Bill C-59 mainly contains provisions implementing measures announced in the 2023 budget, along with some measures announced in the fall economic statement, whose common theme is addressing the affordability challenges facing Canadians. Consequently, he concluded that the measures included in the budget and those announced in the fall economic statement should be voted on together.

The Chair must first determine whether the main purpose of Bill C-59 is to implement the budget and whether it therefore falls within the exception provided by Standing Order 69.1(2).

The Standing Orders place very specific conditions on the consideration of budgets. For instance, a particular order of the day must be designated. Debate lasts a certain number of days, and votes take place at certain points in time. From start to finish, budgets are an integral part of the business of ways and means.

House of Commons Procedure and Practice, third edition, defines financial statements as follows on pages 901 and 902:

On occasion, the Minister of Finance makes an economic statement to the House, generally referred to as a ‘mini‑budget’, that provides basic economic and fiscal information that will be the subject of policy review and public debate leading up to the next budget. Unlike a budget presentation, these statements are delivered without notice and do not precipitate a budget debate. Notices of ways and means motions are also tabled on these occasions.

Budget presentations and economic statements are therefore related concepts, but each has its own unique characteristics.

Both the economic statement of fall 2023 and the budget of spring 2023 are very long and complex documents. As indicated in its title, “An Act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023”, Bill C-59 indeed contains many measures; some stem from the budget documents, others from the economic statement.

However, some measures are not to be found in either. The Chair takes the view that the main purpose of the bill is not the implementation of a budget, and the exception provided in Standing Order 69.1(2) does not apply in this case.

The Chair must now determine whether a common element connects the various provisions of Bill C-59 and, if not, to what extent all or some of the provisions are closely related. A broad common theme is not sufficient. As explained on November 7, 2017, at page 15095 of the Debates, the Chair must decide “whether the matters are so unrelated as to warrant a separate vote at second and third reading.”

In deciding whether a link exists, the Chair may consider several factors. Different measures may have a single objective or common elements, as the Chair found in its decision on Bill C‑4 on September 29, 2020, whose common element was a public health crisis. Cross-references between parts of a bill, or a lack thereof, may also be an indicator.

After completing this analysis, the Chair believes that Bill C‑59 should indeed be divided for the purpose of voting. As my predecessor noted on November 28, 2022, on page 10087 of the Debates, “[t]he objective here is not to divide the bill for consideration purposes, but to enable the House to decide questions that are not closely related separately.”

First, the measures in clauses 1 to 136, 138 to 143, 168 to 196, 209 to 216, and 278 to 317 appear in the 2023 budget. Since their purpose is to implement certain budget proposals, they would be grouped based on this unifying theme and voted on together.

Second, the measures that can be grouped under the theme of affordability, clauses 137, 144, and 231 to 272, will be subject to a different vote. Clauses 197 to 208 and 342 to 365 will also be grouped for voting because they amend the Canada Labour Code. Clauses 145 to 167, 217 and 218 will be subject to a separate vote because they relate to vaping products, cannabis and tobacco.

The remaining divisions of Bill C-59, consisting of clauses 219 to 230, 273 to 277, 318 and 319, 320 to 322, and 323 to 341, will each be voted on separately because they are not linked to any of the common themes mentioned earlier. In all, nine votes will be held. The Chair will remind members of this division when the bill comes to a vote at second reading.

Finally, I would like to remind members of the Chair's ruling on December 12, 2023, which also dealt with Bill C-59. The Chair found that Bill C-318 and Bill C-323 can continue through the legislative process.

I thank all members for their attention.

Employment Insurance

[Warren Steinley, Conservative, Regina—Lewvan, SK]

Madam Speaker, I present a petition. Whereas employment insurance, maternity and parental benefits provide parents with critical financial support while they care for and bond with a new child, and having a parent at home longer in the critical first year of a child's life or placement within a family better supports healthy attachment and the well-being of a child, adoptive and intended parents are at a disadvantage under the current EI system.

All parents are deserving of equal access to parental leave benefits. Bill C-318 would deliver equitable access to parental leave for adoptive and intended parents. The Speaker of the House of Commons has ruled that the passage of Bill C-318 requires a royal recommendation. The undersigned citizens and residents of Canada call upon the Government of Canada to support adoptive and intended parents by providing a royal recommendation for Bill C-318.

Ways and Means Motion No. 19—Speaker's Ruling

[The Speaker, Greg Fergus]

I am now ready to provide the House with an explanatory ruling on the admissibility of Ways and Means Motion No. 19. On November 29, 2023, I ruled that the order for consideration of the motion, and the subsequent bill based thereon, be allowed to proceed further.

On November 28, 2023, the House leader of the official opposition challenged the admissibility of the motion. He pointed out that Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents), and Bill C-323, an act to amend the Excise Tax Act (mental health services), both currently in committee, were substantially the same as provisions covered in Ways and Means Motion No. 19, tabled earlier that day.

Concurrence in a ways and means motion constitutes an order to bring in a bill based on the provisions of the motion. This is indeed what happened with the subsequent introduction of Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023.

The House leader argued that the two private members’ bills had already been the subject of decisions of the House at second reading. The ways and means motion and Bill C-59 would violate a procedural concept, the rule of anticipation, which he described as the “same question rule”. Quoting from House of Commons Procedure and Practice, third edition, at page 568, the member seemed to suggest that a ways and means motion could not anticipate a matter already standing on the Order Paper and which was contained in another form of proceeding. He asserted that Bill C-318 and Bill C-323 were more effective tools to accomplish the desired intent than Ways and Means Motion No. 19. As such, both these bills should have priority over the motion.

He also cited precedents in relation to bills that could or could not proceed further, based on the fundamental principle that the same question cannot be decided twice within a session.

The member further suggested that Ways and Means Motion No. 19 be put in abeyance pending the outcome of Bill C-318 and Bill C-323, based on the rule of anticipation.

For his part, the parliamentary secretary to the government House leader countered that further consideration of Ways and Means Motion No. 19, as well as subsequent proceedings on an associated bill, was in order. He referenced past precedents about similar bills. He made the point that the provisions in Ways and Means Motion No. 19 contained numerous elements that are not found in Bill C-318 and Bill C-323, which indicates that the principle and scope of the ways and means motion are broader than what is found in either of the bills. As such, Ways and Means Motion No. 19, and the bill based thereon, constituted different questions.

In his intervention, the House leader of the official opposition quoted from page 568 of House of Commons Procedure and Practice, third edition, on the rule of anticipation. The Chair would like to read, from the same page, prior to the quoted passage. It states:

The moving of a motion was formerly subject to the ancient “rule of anticipation” which is no longer strictly observed.

Further down on the same page it says, “While the rule of anticipation is part of the Standing Orders in the British House of Commons, it has never been so in the Canadian House of Commons. Furthermore, references to past attempts to apply this British rule to Canadian practice are inconclusive.”

Even though the notion of anticipation is described in our procedural authorities, and the expression is sometimes colloquially used in points of order and even some past rulings dealing with similar items, it is indeed a very difficult concept to apply in our context.

Establishing a hierarchy between bills and motions, or between categories of bills, and giving precedence to some, may prove difficult, except in very specific cases, detailed in House of Commons Procedure and Practice. Bills and motions are different by nature and achieve different ends.

What the Chair is seized with in reviewing the current matter is the rule forbidding the same question from being decided twice in the same session. It is different from the concept of anticipation and, in the view of the Chair, the one that should apply.

In his submission, the House leader of the official opposition cited various recent precedents, and the Chair thinks it pertinent to describe some of their procedural subtleties.

The first example, from the last Parliament, pertained to two bills not identical, but substantially similar: Bill C-218, an act to amend the Criminal Code regarding sports betting, a private members' bill, and Bill C-13, an act to amend the Criminal Code regarding single event sport betting, a government bill. Both were at second reading and both were very short bills touching the same section of the Criminal Code.

By adopting Bill C‑218 at second reading, the House had agreed to the larger principle of repealing the very portion of the Criminal Code that Bill C‑13 also sought to amend. This sequencing left the House with a situation where Bill C‑13 could not move forward as long as Bill C‑218 continued its course.

The second example, from earlier this session, described a budget implementation bill, Bill C-19, and a votable private members’ bill amending the Criminal Code regarding the promotion of anti-Semitism, Bill C-250. The latter, introduced on February 9, 2022, contained provisions that were subsequently included in Bill C-19, introduced on April 28, 2022. However, of the two bills, the government bill was the first to be adopted at second reading and referred to committee. One of the key differences was that the two bills were not substantially identical. Bill C-19 was much broader in scope than Bill C-250. By agreeing to Bill C-19, the House de facto agreed with the principles presented in C-250. No decision having yet been made on Bill C-250, the Chair ordered that it be held as pending business until such time as royal assent be granted to Bill C-19.

Finally, the member referenced rulings dealing with two votable Private Members’ Business items, Bill C-243, an act respecting the elimination of the use of forced labour and child labour in supply chains, and Bill S-211, an act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs Tariff. The two bills had the same objective and only one was allowed to proceed further. The Chair indicated at the time that the case involved an unusual set of circumstances, since normally one of them could have been designated as non-votable by the Subcommittee on Private Members’ Business had the sequence of events been different.

The House leader's main argument hinged on the question of whether provisions contained in Ways and Means Motion No. 19 and therefore Bill C-59 are similar or identical to Bills C-318 and C-323.

Bills C‑318 and C‑323 have been both read a second time and referred to committee, while no decision has yet been made on Bill C‑59. An exhaustive review of its provisions shows that it does contain some similar provisions found in the two aforementioned private members' bills. However, Bill C‑59 cannot be described as substantially similar or identical to them.

Its scope is vastly broader, containing many more elements than what is included in Bills C-318 and C-323, including taxation legislation and provisions requiring a royal recommendation

The bills are similar in part, but are not substantially the same. The principles of Bill C-318 and Bill C-323, as adopted at second reading, are indeed included in the broader Bill C-59, but the reverse is not true. Therefore, the decision the House will take on Bill C-59 will not be the same. Accordingly, there is no procedural reason to stop the bill from continuing its journey through the legislative process.

To be clear, when a government bill and a private member's bill or when two private members' bills are substantially similar, only one of them may proceed and be voted on. Once one of the two has passed second reading, a decision cannot be taken on the other within the same session. Where bills are only similar in part, the effect of adopting one might have a different impact on the other depending on their principle, scope and, of course, which bill is adopted first.

I note that the House leader of the official opposition rose earlier today on a different point of order considering the application of Standing Order 69.1 to Bill C-59. I wish to inform the member and the House that I am reviewing the matter closely and I do intend to come back with a ruling in a timely manner.

Nonetheless, for the time being, the Chair sees no reason to rule that Bill C-59 be put in abeyance. As for the two Private Members' Business items currently in committee, it seems premature for the Chair to intervene at this time.

I thank all members for their attention.

Bill C-59—Proposal to Apply Standing Order 69.1

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Madam Speaker, I rise on a point of order pursuant to Standing Order 69.1, to ask that you treat Bill C-59, an act to implement certain provisions of the fall economic statement tabled in Parliament on November 21, 2023 and certain provisions of the budget tabled in Parliament on March 28, 2023, as an omnibus bill, and divide it for voting purposes at the second and third reading stages.

This argument is, of course, without prejudice to the arguments which were made last week by me in respect of the rule against anticipation and Ways and Means Motion No. 19, which preceded the introduction of Bill C-59, for which the House is still awaiting a ruling from the Speaker.

Section (1) of Standing Order 69.1 provides that “In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting". Section (2) of the same standing order makes an exception for budget implementation bills, stating, “if the bill has as its main purpose the implementation of a budget and contains only provisions that were announced in the budget presentation”.

As Speaker Regan ruled on November 8, 2017, at page 15143 of the Debates, where a budget bill contains measures which were not part of the budget, this budget bill exemption applies only to those elements which were in the budget itself. The non-budget elements can be divided under the provisions of Standing Order 69.1(1).

In the case of Bill C-59, calling it a budget implementation bill would be exceedingly generous. While reference to the March budget can be found in the long title, the short title ignores this, calling the bill the “fall economic statement implementation act, 2023”. Not even the government House leader, the manager of the government's parliamentary program, used it as a budget implementation bill, judging by her remarks in the last two weekly business statements. On November 23, she told the House, “it is the intention of the government to commence debate next week concerning the bill relating to the fall economic statement”. This past Thursday, she said that priority will be given to the second reading of Bill C-59, an act to implement certain provisions of the fall economic statement. Therefore, I would argue that the evident treatment given to Bill C-59 by its own proponents, would mean that its main purpose is, indeed, not the implementation of a budget. Accordingly, it would follow that the exemption found in Standing Order 69.1(2) cannot apply here.

I would further argue that Speaker Regan's November 2017 ruling can be distinguished from the facts at hand today, namely that he dealt with a budget bill with a few extra add-ons. Here, we have a bill that is not even being treated, in the main, as a budget implementation bill and that, therefore, cannot even benefit from a partial exemption, since the main purpose of Bill C-59 is not to implement a budget.

Having addressed that matter, I now wish to turn to the matter of treating the bill as an omnibus one, “where there is not a common element connecting the various provisions or where unrelated matters are linked”. In my respectful view, the fact that a series of measures may have been previewed in a fall economic statement does not amount to a so-called common element. Given that fall economic statements are often popularly dubbed “mini-budgets” and that the House itself recognizes that budgets often string together otherwise unrelated things by creating the budget implementation bill exemption in Standing Order 69.1, it is my submission that the mere inclusion of an item in a fall economic statement cannot be sufficient to overcome the treatment required for an omnibus bill.

Even if the Chair might be persuaded that all of the measures are, in one form or another, a matter of broad economic policy, I would refer you to Speaker Regan's March 1, 2018, ruling at page 17551 of the Debates:

In presenting arguments relating to Bill C-63, the hon. member for Calgary Shepard raised an interesting concept from the practice in the Quebec National Assembly. Quoting from page 400 of Parliamentary Procedure in Québec, he stated:

“The principle or principles contained in a bill must not be confused with the field it concerns. To frame the concept of principle in that way would prevent the division of most bills, because they apply to a specific field.”

While their procedure for dividing bills is quite different from ours, the idea of distinguishing the principles of a bill from its field has stayed with me. While each bill is different and so too each case, I believe that Standing Order 69.1 can indeed be applied to a bill where all of the initiatives relate to a specific policy area, if those initiatives are sufficiently distinct to warrant a separate decision of the House.

In this particular instance, I have no trouble agreeing that all of the measures contained in Bill C-69 relate to environmental protection. However, I believe there are distinct initiatives that are sufficiently unrelated that they warrant multiple votes.

Deputy Speaker Bruce Stanton dealt with another similar situation when he ruled on June 18, 2018, at page 21163 of the Debates, in respect of a former Bill C-59, stating it:

...does clearly contain several different initiatives. It establishes new agencies and mechanisms for oversight of national security agencies and deals with information collection and sharing as well as criminal offences relating to terrorism. That said, one could argue, as the parliamentary secretary did, that since these are all matters related to national security, there is, indeed, a common thread between them. However, the question the Chair must ask itself is whether these specific measures should be subjected to separate votes.

He goes on to state, “In this particular case, while the Chair has no trouble agreeing that all of the measures contained in Bill C-59 relate to national security, it is the Chair's view that there are distinct initiatives that are sufficiently unrelated as to warrant dividing the question.”

Therefore, I would suggest that today's bill, Bill C-59, should also be divided for voting purposes at second reading and, if necessary, at third reading.

After a brief review and analysis of the bill's contents, it seems that it could actually be divided into several groupings: clauses 1 to 95, proposing amendments to the Income Tax Act and consequential amendments to other enactments, as well as the bill's short title; clauses 96 to 128, proposing the creation of a digital services tax; clauses 129 to 136, 138 to 143 and 145 to 167, proposing amendments concerning the excise tax, other than the exemption of GST for mental health services, which is also contained in Bill C-323, a matter to which I will return later; clauses 168 to 196, proposing amendments to the laws governing financial institutions; clauses 197 to 208, proposing to create a leave entitlement related to pregnancy loss and to amend the law concerning bereavement leave; clauses 209 to 216, proposing the creation of a Canada water agency; clauses 217 and 218, proposing amendments to the Tobacco and Vaping Products Act; clauses 219 to 230, proposing amendments to the Canadian Payments Act; clauses 231 to 272 proposing various amendments to competition law; clauses 273 to 277, proposing amendments exempting post-secondary schools from the laws concerning bankruptcy and insolvency; clauses 278 to 317, proposing various legislative amendments concerning money laundering, terrorist financing and sanctions evasions; clauses 318 and 319, concerning the information which is published by the government respecting certain transfer payments to the provinces; clauses 320 to 322, proposing amendments concerning the Public Sector Pension Investment Board; and clauses 323 to 341, proposing the creation of a department of housing, infrastructure and communities.

Additionally, I would propose that clauses 137 and 144, concerning the exemption of GST for mental health services, mirroring the provisions of Bill C-323, as well as clauses 342 to 365, creating employment insurance and job protection benefits for adoptive and surrogate parents, replicating the substance of Bill C-318, should also be separated out from Bill C-59. However, in this instance, I would suggest that, instead of a separate vote, these provisions would simply not proceed further given that the House has already taken a decision on the principle of those matters when it adopted the common-sense Conservative private members' bills at second reading.

Approaching it in this fashion might be an elegant solution to squaring the circle in the ruling that remains pending on Ways and Means Motion No. 19.

In short, Bill C-59, the fall economic statement implementation bill, is an omnibus bill under Standing Order 69.1. It qualifies in no way for the budget bill exemption in that rule. It can and should be divided into separate votes, about 14 or so based on the thematic groupings of the bill's clauses. It would, if so divided, offer an elegant solution for a pending Speaker's ruling to reconcile the long-standing rules and precedents of the House respecting multiple decisions on the same question that, for reasons we are awaiting, did not apply to Ways and Means Motion No. 19 and that saw the House vote, yet again, on the principles found in two Conservative private members' bills that had already been adopted at second reading.

Employment Insurance

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, the next petition that I am presenting is in support of Bill C-318, for my colleague. Petitioners want to see the government support this bill and provide a royal recommendation to allow all parents to have equal access to parental leave benefits, including adoptive families.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, in my final petition, the undersigned understand that adoptive and intended parents are at a disadvantage when it comes to leave and time with their children. All parents deserve equal access to parental leave benefits, and Bill C-318 would deliver this equitable access.

The Speaker has said this bill needs a royal recommendation, and the undersigned are asking that the government provide that royal recommendation to Bill C-318.

[Eric Melillo, Conservative, Kenora, ON]

Madam Speaker, I rise today to present a petition recognizing that maternity and parental benefits provide parents with critical financial supports and that adoptive and intended parents are currently at a disadvantage under the EI system.

The petitioners are calling on the government to support the adoption of a common-sense Conservative bill, Bill C-318, which would deliver equitable parental leave for adoptive and intended parents. This must be done by way of royal recommendation.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, my fifth petition calls for the Government of Canada, and the Speaker specifically, to give royal recommendation to Bill C-318 so that adoptive and intended parents are able to better support their families.

Ways and Means Motion No. 19

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, the second point of order is a little more detailed.

I rise to respond to a point of order raised on Tuesday, November 28, by the member for Regina—Qu'Appelle respecting the inadmissibility of the notice of Ways and Means Motion No. 19 and two items of Private Members' Business.

The crux of the argument by the member opposite is on the principle of a bill at second reading stage. This is the heart of the argument. I would humbly point to the purpose of the second reading debate and the vote at that stage, which is on the principle of the bill.

Before I get into the specific matters involved in the member's argument, I would like to remind my colleagues across the aisle of what a debate and vote on the principle of a bill entails.

Members of the House know that our Standing Orders and practices derive from those of Westminster. If a member would like to look into how debates at Westminster are handled at the second reading stage, they might be surprised. The British House of Commons has 650 members, yet the debate on any government bill at the second reading stage very rarely exceeds one sitting day.

Now I will go to the specific argument raised by my colleague across the way. The two bills in question that are subject to certain provisions containing Ways and Means Motion No. 19 are Bill C-318, an act to amend the Employment Insurance Act, and Bill C-323, an act to amend the Excise Tax Act (mental health services).

With respect to the first item, Bill C-318 requires a royal recommendation which would govern the entire scheme of a new employment insurance benefit for adoptive parents. As a result, the bill cannot come to a vote at third reading in the absence of a royal recommendation provided by a minister of the Crown.

The bill was drafted by employees of the law clerk's office who would have notified the sponsor of this requirement. While I would not want to speculate on the intentions of the member who sponsored this bill, there is little doubt that the member knew this bill would not pass without royal recommendation.

As a result of a ministerial mandate commitment to bring forward an employment insurance benefit for adoptive parents with an accompanying royal recommendation, the government has brought forward this measure for consideration of the House in a manner that raises no procedural obstacle to providing this important benefit for Canadians. It is the sole prerogative of the executive to authorize new and distinct spending from the consolidated revenue fund, and that is what is proposed in the bill that would implement the measures contained in Ways and Means Motion No. 19.

Now I will go to the point of a similar question. The example my colleague raised with respect to the Speaker's ruling on February 18, 2021, concerns Bill C-13 and Bill C-218 respecting single sports betting. Both bills contain the same principle, that being to allow certain forms of single sports betting. The approaches contained in Bill C-13 and Bill C-218 were slightly different, but achieved the same purpose. As a result, and rightly so, the Speaker ruled that the bills were substantially similar and ruled that Bill C-13 not be proceeded with.

The situation with Bill C-13 and Bill C-218 bears no resemblance to the situation currently before the House, and the member opposite has been again helpful in making my argument. The member cites the situation with Bill C-19 and Bill C-250 concerning Holocaust denial.

The case with this situation, and the case currently before the House, is instructional for the question faced by the Speaker, which is whether the principle of the questions on the second reading of Bill C-318 and Bill C-323, and the question on Ways and Means Motion No. 19, are the same.

The answer is categorically no. The question on both Ways and Means Motion No. 19 and the question should Ways and Means Motion No. 19 be adopted on the implementing of a bill are vastly different. The questions at second reading on Bill C-318 and Bill C-323 are specific questions on the principle of measures contained in those private members' bills.

The question on Ways and Means Motion No. 19 and the question at second reading on the bill to implement those measures is much broader. As the member stated in his intervention yesterday, Ways and Means Motion No. 19 contains many measures announced in the 2023 budget as well as in the fall economic statement. While the measures to implement the fall economic statement are thematically linked to the issue of affordability, they contain many measures to address the affordability challenges facing Canadians. As a result, the question at second reading on implementing legislation is a very different question for the House to consider.

In conclusion, while there have been precedents respecting similar questions on similar bills which propose a scheme for a specific issue, namely Bill C-13 and Bill C-218, this and other precedents do not in any way suggest that the questions at second reading on Bill C-323 and Bill C-318 in any way resemble the question on Ways and Means Motion No. 19 and the question at second reading on the implementing bill for the measures contained in the 2023 budget and the fall economic statement.

[Andrew Scheer, Conservative, Regina—Qu'Appelle, SK]

Madam Speaker, I am rising on a point of order challenging the admissibility of Ways and Means Motion No. 19 concerning the fall economic statement implementation bill, which was tabled earlier today by the Deputy Prime Minister. It is my submission that the motion offends the rule against anticipation, sometimes also known as the “same question rule”. That rule is described on page 568 of House of Commons Procedure and Practice, which reads as follows:

The rule is dependent on the principle which forbids the same question from being decided twice within the same session. It does not apply, however, to similar or identical motions or bills which appear on the Notice Paper prior to debate. The rule of anticipation becomes operative only when one of two similar motions on the Order Paper is actually proceeded with. For example, two bills similar in substance will be allowed to stand on the Order Paper but only one may be moved and disposed of. If a decision is taken on the first bill (for example, to defeat the bill or advance it through a stage in the legislative process), then the other may not be proceeded with...If the first bill is withdrawn (by unanimous consent, often after debate has started), then the second may be proceeded with.

The rule against anticipation has been building a significant number of precedents in the past few years in light of the NDP-Liberal government's growing pattern of stealing common-sense Conservative private members' bills to add to their own legislative agenda. While our authorities suggest that such points of order should be raised only when the second question is actually proposed from the Chair, I recognize that in light of Ways and Means Motion No. 19 being an omnibus proposal, exceeding 500 pages in length, you, Madam Speaker, might appreciate having the evening to reflect on the issues I am about to discuss before the government intends to call it for consideration tomorrow.

In the present case, Ways and Means Motion No. 19 includes provisions that the House has already adopted in principle at second reading through two private members' bills.

On September 20, the House passed second reading Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, sponsored by the Conservative hon. member for Battlefords—Lloydminster. The summary printed on the inside cover of the bill reads:

This enactment amends the Employment Insurance Act to introduce a new type of special benefits: an attachment benefit of 15 weeks for adoptive parents and parents of children conceived through surrogacy. It also amends the Canada Labour Code to extend parental leave accordingly.

Last week's fall economic statement on pages 43 and 42 states that:

The 2023 Fall Economic Statement proposes to introduce a new 15-week shareable EI adoption...Surrogate parents will also be eligible for this benefit.

The 2023 Fall Economic Statement also proposes to make amendments to the Employment Insurance Act, as well as corresponding changes to the Canada Labour Code, to ensure that workers in federally regulated industries have the job protection they need while receiving the EI adoption benefit.

Those provisions appear as clauses 342 to 365 of Ways and Means Motion No. 19. While the legislative language used varies, the ultimate policy objective and therefore the principle of the matter remains the same as a close examination of the two passages I quoted reveals.

The second private member's bill stolen by the government this week is Bill C-323, an act to amend the Excise Tax Act, mental health services, sponsored by the Conservative member for Cumberland—Colchester, which the House passed at second reading on September 27. My colleague's bill would amend sections 1 and 7 of part II of schedule V of the Excise Tax Act to exempt psychotherapy and mental health counselling from GST. Clause 137 of Ways and Means Motion No. 19 would do the exact same thing, except that the government refers to “counselling therapy” instead of Bill C-323's “mental health counselling”. That is, I would submit, a distinction without a difference.

Indeed, I would draw the Chair's attention to clause 144 of Ways and Means Motion No. 19 that makes coordinating provisions if each is enacted, which demonstrates the government also sees these as identical measures, but what is especially galling is subclause 144(5), “For greater certainty, if this Act receives royal asset then the other Act [Bill C-323] is deemed never to have produced its effects.” The government would prefer to toss my colleague's important bill down the memory hole. That is just shameful.

Your predecessor, on February 18, 2021, at page 4256 of the Debates, ruled that government Bill C-13 could not be proceeded with further following the House's adoption of Bill C-218, citing the rule against anticipation. In so ruling, the Chair said:

The House is now placed in an unusual situation where a decision was made on one of two very similar bills standing on the Order Paper.

The Chair recognizes that both bills are not identical; they are, however, substantially similar as they both amend the exact same provision of the Criminal Code for similar purposes....

Consequently, as long as Bill C-218 follows its course through the legislative process during this session, Bill C-13 may not be proceeded with.

As for the technical differences between those two bills, the Speaker offered a common-sense solution to reconcile them: “the Chair notes that other avenues would be open to the House to achieve those same ends, such as through amendments proposed to Bill C-218 during the committee's study.”

I would respectfully submit that if the government has any concerns about the drafting of Bill C-318 or Bill C-323, the solution is to bring amendments to committee, not to bigfoot them by throwing them into an omnibus budget bill, but that is exactly what happened here. It is what happened last year when Bill C-250, sponsored by the hon. member for Saskatoon—Grasswood, was scooped up by the government and placed in Bill C-19, a budget implementation bill.

In a May 11, 2022, ruling at page 5123 of the Debates, the Deputy Speaker held:

Bill C-19 was adopted at second reading and referred to the Standing Committee on Finance yesterday. The House is now placed in a situation where a decision was made on one of the two bills that contain very similar provisions....

The Chair recognizes that these bills are not identical, as Bill C-19 is much broader in scope and contains other provisions related to the implementation of the budget.

However, in adopting Bill C-19 at second reading, the House has also agreed to the principle of that bill, and consequently, has agreed, among other things, to amend section 319 of the Criminal Code dealing with hate propaganda. As I explained a few moments ago, these are provisions substantially similar to the ones contained in Bill C-250.

Therefore, the question for the Chair is, should Bill C-250 be allowed to proceed further in the legislative process at this time? In the Chair's opinion, it should not be allowed. The House should not face a situation where the same question can be cited twice within the same session, unless the House's intention is to rescind or revoke the decision.

In the case of Bill C-250, the Deputy Speaker directed that it be held as pending business until the final fate of Bill C-19 could be determined. On September 20, 2022, your predecessor ordered Bill C-250 to be discharged and dropped from the Order Paper, given that Bill C-19 had by then received royal assent. A similar pair of rulings occurred on June 6, 2022, and May 11, 2023, in respect of Bill C-243 in light of its overlap with Senate Bill S-211.

While these rulings are all quite recent, they were not novel. Speaker Michener, on March 13, 1959, at page 238 of the Journals, reached the same conclusion for managing this sort of legislative traffic jam:

Thus I have come to the conclusion that this bill must stand, as well as the other bill in the same terms, or at least in terms for exactly the same purpose, until the bill which was first moved has been disposed of either by being withdrawn, which would open the door for one of these other bills to proceed, or by way of being approved, which would automatically dispose of these bills because the House would not vote twice on the same subject matter any more than it would debate the same subject matter twice.

Standing Order 94(1) empowers and directs the Speaker to, “make all arrangements necessary to ensure the orderly conduct of Private Members’ Business”. That standing order, I would submit, behooves you to safeguard the process of Private Members' Business as much as possible by drawing a firm and bright line for the government to stop poaching common-sense Conservative bills and claiming them as their own.

One final consideration I want to place before the Chair is one that did not arise in the context of the pairs of bills and the precedents I have cited. We are dealing here with a ways and means motion, not a bill. Bosc and Gagnon, at page 568, explain the relevance of this distinction in the role against anticipation:

According to this rule, which applied to other proceedings as well as to motions, a motion could not anticipate a matter which was standing on the Order Paper for further discussion, whether as a bill or a motion, and which was contained in a more effective form of proceeding.

The associated footnote points readers to other authorities for a fuller explanation, such as the U.K.'s Erskine May. That book's 25th edition, at paragraph 20.13, explains:

...a matter must not be anticipated if contained in a more effective form of proceeding than the proceeding by which it was sought to be anticipated, but it might be anticipated if contained in an equally or less effective form. A bill or other order of the day is more effective than a motion....

This principle was explained matter-of-factly by Speaker Casgrain on February 24, 1936, at page 68 of the Journals: “A Bill has the right-of-way and cannot be sidetracked by a Motion.”

In the circumstances, if the precedents and procedural authorities of this House are to be applied consistently, Ways and Means Motion No. 19 must be put into abeyance pending the outcome of Bill C-318 and Bill C-323. I would urge you, Madam Speaker, to so rule.

Canada Labour Code

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, the credibility they have is zero. We see this with my private member's bill, Bill C-318. They voted against it and then they scooped it up and put it in the fall economic statement. It just proves that the Liberals are out of touch and out of ideas and that it is time for a Conservative government.

Employment Insurance

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Mr. Speaker, we know that Bill C-318, which would amend EI and the Labour Code for adoptive and intended parents to give them time to attach, needs royal recommendation.

I am presenting a petition today in which citizens and residents of Canada call upon the Government of Canada to support adoptive and intended parents by providing a royal recommendation for the bill so parents can have time to attach to their children.

Consideration of Government Business No. 30

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Madam Speaker, it is always an honour to rise in this place and represent the amazing people of Medicine Hat—Cardston—Warner, as well as all Canadians.

It is said that imitation is the sincerest form of flattery, but it is breathtaking just how desperate the Liberals have become. In the House of Commons, we are witnessing a curious trend: imitation disguised as Liberal innovation.

The recent flurry of activity from our Liberal counterparts presents a spectacle. It is desperation masquerading as originality.

It is really fascinating. The Liberals have hastily adopted common-sense Conservative strategies to cloak their actions as a remedy for affordability, all the while seeking recognition for ideas that were not theirs to begin with.

Unfortunately, their replica has flaws, and the Liberals know that they need to ram this legislation through before Canadians realize that it is nothing more than a cheap knock-off.

If the government is looking for another idea to steal from Conservatives, maybe it could finally decide to repeal the carbon taxes, which are the real reason Canadians are facing the soaring cost of living.

First, let us dissect the fabric of the Liberals' imitation. The Liberals’ newfound fascination with affordable living appears more as a last-ditch effort to mirror our common-sense Conservative initiatives, although it lacks the authenticity and the understanding required to genuinely address the woes of everyday Canadians.

This sudden adoption reeks of desperation. Maybe they have seen the polls. Maybe they are hearing in their ridings that the Conservatives are the only party putting forward common-sense ideas.

Maybe the Conservative message of common sense sounds good to them too, but their leadership comes down heavy-handedly when they vote in favour of our legislation, like the Liberal member for Avalon, who tried to do the right thing for his constituents initially, although he eventually betrayed them and caved to his master like a typical Liberal always does.

The government's thievery of Conservative ideas seems relentless. Were members aware that the fall economic statement contained no less than four Conservative private members’ bills?

For example, there is Bill C-323, an act to amend the Excise Tax Act with respect to mental health services, from the good doctor from Cumberland—Colchester. There is Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code for adoptive and intended parents, from my friend, the member for Battlefords—Lloydminster. There is Bill C-294, an act to amend the Copyright Act, on interoperability, from my riding neighbour to the east, the member for Cypress Hills—Grasslands. There is Bill C-365, an act respecting the implementation of a consumer-led banking system for Canadians by the amazing member for Bay of Quinte.

While the Liberals eagerly snatch concepts from our playbook, they turn a blind eye to the actual root cause of the economic pains faced by Canadians: their out-of-control debt and deficits, out-of-control spending, a carbon tax that does not do anything for the environment, a rapid housing initiative that cannot build homes and inflation that results from all of their financial mismanagement.

These are the real culprits behind the soaring cost of living, behind escalating interest rates and the burdensome grocery store bills and fuel prices that burden the citizens of this country every day. Our Conservative blueprint for affordable living, particularly our Conservative leader’s building homes not bureaucracy act, stands as a testament to our commitment to the welfare of Canadians.

Our messaging, like the “bring it home” initiative, encapsulates not just slogans but a genuine drive to resolve the housing crisis plaguing our nation.

In contrast, the Liberals’ response to this crisis they partly crafted lacks the depth and innovation required for a lasting solution. Their plan, often confined within the boundaries of existing programs and reannouncements, fails to project a path forward. It is a patchwork of recycled notions rather than a blueprint for real, sustainable change, and they have no problem announcing the same promises over and over again with the same pompous Liberal attitude that most Canadians have grown tired of.

The question remains: Are the Liberals truly addressing the housing crisis or merely engaging in performative arts to mitigate the damage that their policies have caused and the fact that the vast majority of Canadians desire to see them removed from office? Their sudden attempt to provide solutions and then force them on Canadians seems more reactive than proactive, a calculated response to evade accountability rather than an earnest effort to rectify the havoc they created. I can only hope it means they are getting ready for an election.

Liberals may tout their actions as responsive and comprehensive, but in reality, they bear the marks of limited vision and failure of leadership.

The building homes not bureaucracy act, as presented by our Conservative leader Pierre Poilievre, is not just a set of words—

Employment Insurance

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, November is Adoption and Permanency Education Month. With that in mind, I am honoured to take this opportunity to present a petition from Canadians who are calling on the Liberal government to provide a royal recommendation for my private member's bill, Bill C-318.

The current EI system discriminates against adoptive and intended parents, so recognizing the importance of time to attach, the petitioners are urging the government to deliver equitable access to all parents for EI leave and to follow through with the Liberals' 2019 and 2021 campaign commitments.

Canada Early Learning and Child Care Act

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, I just want to note I will be splitting my time this evening with the member for Elgin—Middlesex—London.

We know, and there is no doubt, that child care is an important conversation to be had. We know it is a conversation that parents are also having on a regular basis across this country. Child care needs can look different, not just from one region to another, but also from family to family.

Public policy and the development of a national program should respect and take into consideration those differences. It has been very disappointing that, throughout the deliberations of this bill, whether in the chamber or in committee, the approach of the NDP-Liberal coalition has been narrow and exclusionary. The Liberal government has sought to divide and disparage child care solutions outside of their own prescribed form. This is even more disappointing given many reports would suggest in some regions, such as Saskatchewan, most families do not have access to child care.

The demand for child care remains far greater than the available spaces. Child care providers, in all streams right across the country, have long wait-lists. Access remains a main concern when it comes to child care, but it is not solved by the existing agreements, nor is it resolved in Bill C-35.

We have heard accusations from members opposite that Conservatives have tried to obstruct this legislation. In reality, Conservatives have been working to elevate the voices of parents who are raising serious concerns with the government's child care program.

We have articulated those concerns from child care providers. It is completely disingenuous to suggest that this, in any way, is hindering the delivery of the Liberals' program. The facts are that the child care agreements are already signed with the provinces, and the National Advisory Council on Early Learning and Child Care is already formed.

If anything, this should be an opportune time to examine the delivery of the program so that we can understand its shortcomings and take stock of its limitations and its potential reach. However, that was never the goal for the Liberal government. It put forward this legislation to pat itself on the back.

However, the bill, like many of the policies put forward by the Liberal-NDP government, creates winners and losers. The Liberals' self praise is an insult. It is an insult to the moms and the dads who are left out. They are left out in the cold and find themselves on the outside looking in with no spaces for their children in child care facilities.

Let me highlight some of the testimony and voices the government seems very eager to ignore. This includes voices of child care providers who find themselves excluded from the program and the Liberal government's vision for child care in Canada.

Amélie Lainé, representing indigenous friendship centres in Quebec, told the HUMA committee, “funding is only administered through indigenous political institutions, and it does not give service organizations like the indigenous friendship centres in Canada access to funds to develop early childhood and family services.”

Krystal Churcher from the Association of Alberta Childcare Entrepreneurs told the committee, “Bill C-35 does not sufficiently recognize that Canada's current child care system still very much depends upon thousands of private operators despite directional preference for the non-profit business model.”

With wait-lists surging across the country, it is only logical that we use every tool at our disposal to meet the needs across this country from coast to coast to coast, and that we not purposely shut out child care providers who are providing quality care currently. In fact, in the study of this bill, the HUMA committee heard about how the exclusionary structure of the program could actually be to the detriment of the quality of care. We heard about a parent who felt that she now had to choose between the quality of care for her daughter and more affordable costs. It is a decision that she was faced with because her preferred care provider falls outside of the current agreements and would not be captured by the vision laid out in this bill.

The rollout of this program has not even provided much of a choice for many families and more often even less of a choice for lower-income families. We heard in committee that more often lower-income families that cannot afford child care costs are wait-listed because they do not have children enrolled. Excluding child care providers is in the exact opposite spirit of achieving accessible, affordable, inclusive and high-quality child care for all children.

To really tackle child care in Canada, our approach should be comprehensive. The passage of my private member's bill, Bill C-318, would support that goal. Allowing adoptive and intended parents equal access to EI leave to care for their new child would give those parents more time to bond with their child and more time to find a child care solution. It could also help to alleviate some pressure on the child care system. I would hope that, if not the Minister of Employment, Workforce Development and Disability Inclusion, the Minister of Families, Children and Social Development would herself see the merits of her government's keeping its promise to these parents and offering the royal recommendation that is needed for Bill C-318.

It is also clear that any hopes of making real progress toward accessible, affordable, inclusive and high-quality child care for all will require a labour force strategy. There is a clear crisis in the childhood educator workforce. There needs to be a plan to recruit and retain labour. The success of a national child care program will depend on this. We cannot flick a switch to create more spaces if there is not a workforce to handle it.

That is why it is particularly frustrating that the NDP-Liberal coalition rejected amendments put forward by Conservatives in committee to address these particular shortcomings. They rejected an amendment that would have explicitly directed the national advisory council to support the recruitment but also the retention of a well-qualified workforce. It would have given the council the mandate to track availability, wait-lists and the progress made in improving access, which is one of the pillars of this bill. It is not clear why the NDP-Liberal coalition would oppose this being a core function of the council. Similarly, the NDP-Liberal coalition rejected an amendment that would have explicitly required the minister to report annually on a national labour strategy.

The rejection of these amendments tells parents and those in the child care sector that the Liberals are not taking this workforce crisis seriously. It certainly does not give them confidence that the recruitment, education and retention of early childhood educators are a priority for them. Just as the recommitment to their exclusionary vision for child care does not give parents on wait-lists hope that universal access is within reach, the rejection of these amendments to include all types of child care providers in the program and to have a more fulsome representation at the table ensures that there will continue to be winners and losers. The reality is that there will be parents who receive no support and there will be qualified and quality child care providers who will continue to be vilified because of their business model by the NDP-Liberal government.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

Madam Speaker, I had a conversation yesterday with an intended mother who was telling me about the difficulties when it comes to surrogacy and the lack of time that surrogate mothers and fathers have with their children after the baby is born. She also talked about how this difficulty is compounded because they have a shorter amount of time to access child care, as they only get nine months of leave.

I am sure the minister knows that I have a private member's bill, Bill C-318, that would address this issue for adoptive and intended parents. My question, through you, Madam Speaker, is this: Is the minister willing to lobby at the cabinet table for a royal recommendation for it so that intended and adoptive parents do not have to wait to have time with their children? In essence, we know there are still wait-lists when it comes to child care, and this bill would give them that extra time. Is the minister willing to assist with the royal recommendation for Bill C-318?

Private Members' Business—Speaker's Ruling

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

I am now prepared to rule on the point of order raised on April 19, by the deputy House leader of the government regarding Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code, adoptive and intended parents.

On March 30, in a statement on the management of private members’ business, the Chair pointed out that Bill C-318, standing in the name of the member for Battlefords—Lloydminster, may infringe on the financial prerogative of the Crown. The Speaker then invited members to make arguments regarding the need for the bill to be accompanied by a royal recommendation.

In her point of order, the deputy House leader of the government noted that Bill C-318 would add a new employment insurance benefit for adoptive parents and parents of children conceived through surrogacy. This benefit is not currently contemplated in the act and would result in a new and distinct charge on the consolidated revenue fund.

As House of Commons Procedure and Practice, third edition, states on page 838, and I quote, “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.”

The Chair has reviewed Bill C‑318 and found that 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.

In the meantime, the House is about to start debate on the second reading motion of the bill. This motion will be allowed to be put to a vote at the conclusion of that debate.

I thank all members for their attention.

Bills C-318 and C-319

[Sherry Romanado, Liberal, Longueuil—Charles-LeMoyne, QC]

Mr. Speaker, I am rising to respond to your statement of March 30, respecting the 15 new items of Private Members' Business added to the order of precedence on March 10, 2023.

In particular, I am rising to raise two arguments respecting the financial prerogative of the Crown and whether two Private Members' Business bills infringe upon the Crown's prerogative in this regard.

Without commenting on the merits of Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code regarding adoptive and intended parents, sponsored by the member for Battlefords—Lloydminster, and Bill C-319, an act to amend the Old Age Security Act regarding amount of full pension, sponsored by the member for Calgary Shepard, I submit that both of these bills require royal recommendation.

Bill C-318 seeks to add a new type of special benefit for adoptive parents and parents of children conceived through surrogacy through the Employment Insurance Act, as well as making corresponding changes to the Canada Labour Code. Since the bill would add a new type of benefit under the Employment Insurance Act, it would need to be accompanied by a royal recommendation. These new benefits are not currently contemplated in the Employment Insurance Act and would authorize a new and distinct charge on the consolidated revenue fund for purposes and in a manner not authorized by any statute. I therefore submit that, absent of royal recommendation, the bill should not be put to a third reading vote.

Bill C‑319 proposes to increase the amount of the full pension for Canadians aged 65 to 74 by 10%. This increase is not provided for under the Old Age Security Act, and the charge against the consolidated revenue fund for this purpose is not authorized by that act or any other. I therefore maintain that, without a royal recommendation attached to the bill, Bill C‑319 should not be put to a vote at third reading.

Private Members' Business

[The Speaker, Anthony Rota]

The Chair would like to make a statement concerning the management of Private Members' Business. As members know, certain constitutional procedural realities constrain the Speaker and members insofar as legislation is concerned.

Following each replenishment of the order of precedence, the Chair reviews items so that the House can be alerted to bills that, at first glance, appear to infringe on the financial prerogative of the Crown. This allows members to intervene in a timely fashion to present their views on the need for those bills to be accompanied by a royal recommendation.

Following replenishment of the order of precedence with 15 new items on Thursday, March 16, two bills concern the Chair. One is Bill C-318, an act to amend the Employment Insurance Act and the Canada Labour Code (adoptive and intended parents) standing in the name of the member for Battlefords—Lloydminster.

The other is Bill C‑319, an act to amend the Old Age Security Act (amount of full pension), standing in the name of the member for Shefford. The Chair is of the view that these bills may need a royal recommendation.

Members are therefore invited to make arguments regarding the requirement of a royal recommendation for Bills C-318 and C-319 at the earliest opportunity.

I thank the members for their attention.