Speech (House debate)

{
    "time": "2005-10-19 17:25:00",
    "attribution": {
        "en": "Hon. Dominic LeBlanc (Parliamentary Secretary to the Leader of the Government in the House of Commons, Lib.)",
        "fr": ""
    },
    "content": {
        "en": "<p>Mr. Speaker, I have been advised by the Table that perhaps I could make a very brief point of order with respect to private member's <a href=\"/bills/1192/\" class=\"related_link legislation\" title=\"An Act to provide compensation to Canadian industry associations and to Canadian exporters who incur financial losses as a result of unjustified restrictive trade actions by foreign governments which are signatories to trade agreements involving Canadian products\">Bill C-364</a>, which is coming up shortly. That way we will not take time from the private members' business period.</p>\n<p>I am rising on a point of order as to whether or not <a href=\"/bills/1192/\" class=\"related_link legislation\" title=\"An Act to provide compensation to Canadian industry associations and to Canadian exporters who incur financial losses as a result of unjustified restrictive trade actions by foreign governments which are signatories to trade agreements involving Canadian products\">Bill C-364</a> requires a royal recommendation. I will be suggesting two reasons why <a href=\"/bills/1192/\" class=\"related_link legislation\" title=\"An Act to provide compensation to Canadian industry associations and to Canadian exporters who incur financial losses as a result of unjustified restrictive trade actions by foreign governments which are signatories to trade agreements involving Canadian products\">Bill C-364</a> should require a royal recommendation.</p>\n<p>First, it clearly contemplates a new and distinct charge. Clause 3 states that the Minister of Finance \u201cshall pay\u201d all legal expenses incurred by importers. Such payments would be made out of the consolidated revenue fund, which is the definition of appropriation under section 2 of the Financial Administration Act. Furthermore, this appropriation would be for an entirely new purpose, which is not already legislatively authorized. The Speaker ruled on May 9 that:</p>\n<blockquote>\n<p>\u2014a royal recommendation is required not only in the case where more money is being appropriated, but also in the case where the authorization to spend for a specific purpose is being significantly altered.</p>\n</blockquote>\n<p>Second, clause 4 of the bill provides that \u201cthe Minister shall provide a loan guarantee\u201d to exporters or associations in respect of a deposit, surety or bond that they must post to a foreign state. This guarantee creates another liability on the public revenue that is clearly a new and distinct charge for a new legislative purpose. It is the equivalent of a loan and if there is a default on the part of the exporter for whose benefit the guarantee was provided, it would definitely amount to the spending of public money.</p>\n<p>Mr. Speaker, your predecessor, Deputy Speaker Francis, at page 9052 of the April 7, 1981 <em>Hansard</em> stated:</p>\n<blockquote>\n<p>It is obvious that one of our most basic and fundamental procedures is that only a minister of the Crown may originate legislation which proposes a charge upon the revenue and this can be done only when accompanied by a recommendation from the governor general.</p>\n</blockquote>\n<p>Mr. Speaker, it is for these reasons that I urge you and hope that you will rule that <a href=\"/bills/1192/\" class=\"related_link legislation\" title=\"An Act to provide compensation to Canadian industry associations and to Canadian exporters who incur financial losses as a result of unjustified restrictive trade actions by foreign governments which are signatories to trade agreements involving Canadian products\">Bill C-364</a> does in fact require a royal recommendation.</p>",
        "fr": ""
    },
    "url": "/debates/2005/10/19/dominic-leblanc-6/",
    "politician_url": "/politicians/dominic-leblanc/",
    "politician_membership_url": "/politicians/memberships/1314/",
    "procedural": false,
    "source_id": "",
    "h1": {
        "en": "Government Orders",
        "fr": ""
    },
    "h2": {
        "en": "Points of Order",
        "fr": ""
    },
    "document_url": "/debates/2005/10/19/",
    "related": {
        "document_speeches_url": "/speeches/?document=%2Fdebates%2F2005%2F10%2F19%2F"
    }
}