Private Members’ Business and the Royal Recommendation: Assessing the Changing Role of Private Members’ Public Bills in Light of Kelowna and Kyoto

Abstract

This article seeks to ask two central questions: first, how has the role of Private Members' public bills (hereinafter PMBs) changed over time, especially in the context of recent minority parliaments in Canada; and second, how do the Kelowna Accord Implementation Act (hereinafter Kelowna) and the Kyoto Protocol Implementation Act (hereinafter Kyoto) reflect these changes, specifically with regard to the Royal Recommendation and section 54? In response to these two questions, this paper argues that PMBs play a more prominent role in minority parliaments due to increased parliamentary debate, greater public awareness, and perhaps more significantly, and the resultant perception of a potentially-higher likelihood of receiving Royal Assent. Kelowna and Kyoto stand out as significant examples of recent PMBs which became law, albeit without a Royal Recommendation attached. Both are also particularly notable because the legal ramifications of each, in practice, have been negligible.

In developing these arguments this article progresses through three central objectives. First, the history and development of PMBs are reviewed, including the changing role of Private Members over time. Second, the history and developments surrounding Kelowna and Kyoto are evaluated. Finally, the legal and political impacts of Kelowna and Kyoto are examined, with particular emphasis placed on the broader implications of each as reflected in the current political climate of minority parliaments in Canada.

Note: (Final proof; consult journal for final version with minor editorial changes)