Skip to main content Start of content
Canada’s 150th anniversary 1867-2017

Appendix 14 Standing Orders of the House of Commons

UNPROVIDED CASES


1.

Procedure in unprovided cases.

In all cases not provided for hereinafter, or by other Order of the House, procedural questions shall be decided by the Speaker or Chair of Committees of the Whole, whose decisions shall be based on the usages, forms, customs and precedents of the House of Commons of Canada and on parliamentary tradition in Canada and other jurisdictions, so far as they may be applicable to the House.


1.1

Participation of Members with disabilities.

The Speaker may alter the application of any Standing or special Order or practice of the House in order to permit the full participation in the proceedings of the House of any Member with a disability.

CHAPTER I

PRESIDING OFFICERS

Elections and Appointments


2.

First order of business.

(1) At the opening of the first session of a Parliament, and at any other time as determined pursuant to section (2) of this Standing Order, the election of a Speaker shall be the first order of business and shall not be interrupted by any other proceeding.

Vacancy in Office of Speaker.

(2) When there is, or is to be, a vacancy in the Office of the Speaker, whether at the opening of a Parliament, or because the incumbent of that Office has indicated his or her intention to resign the Office of Speaker, or for any other reason, the Members, when they are ready, shall proceed to the election of a Speaker.

Precedence over all other business. Adjournment of the House.

(3) The election of a Speaker shall take precedence over all other business and no motion for adjournment nor any other motion shall be accepted while it is proceeding and the House shall continue to sit, if necessary, beyond its ordinary hour of daily adjournment, notwithstanding any other Standing or Special Order, until a Speaker is declared elected, and is installed in the Chair in the usual manner, provided that if the House has continued to sit beyond its ordinary hour of daily adjournment, the Speaker shall thereupon adjourn the House until the next sitting day.


3.

Member presiding during election.

(1) During an election of a Speaker the Chair shall be taken by:

(a) at the opening of a Parliament, the Member who has had the longest period of unbroken service as determined by reference to his or her position on the list published in the Canada Gazette, and who is neither a Minister of the Crown, nor holds any office within the House including that of leader of a party; or,

(b) in the case of the Speaker having indicated his or her intention to resign that Office, the Speaker; and

(c) at other times, in the absence of the Speaker, the Deputy Speaker and Chair of Committees of the Whole as provided by Statute.

Powers and vote of Member presiding during election.

(2) The Member presiding during the election of a Speaker shall be vested with all the powers of the Chair provided that he or she:

(a) shall be entitled to vote in the election of a Speaker; and

(b) shall have no casting vote in the event of there being an equality of votes cast for two candidates.


3.1

Candidates for Speakership may address House prior to election.

Before proceeding with the election of a Speaker pursuant to Standing Order 4, the Member presiding shall call upon any candidate for the Office of Speaker to address the House for not more than five minutes; when no further candidate rises to speak, the Member presiding shall leave the Chair for thirty minutes after which Members shall proceed to the election of a Speaker.


4.

Balloting procedure.

The election of a Speaker shall be conducted by secret ballot as follows:

Notification to Clerk when Member does not wish to be considered for election. List of names to be provided to Member presiding during election.

(1) Any Member who does not wish to be considered for election to the Office of Speaker shall, not later than 6:00 p.m. on the day preceding the day on which the election of a Speaker is expected to take place, in writing, so inform the Clerk of the House who shall prepare a list of such Members’ names together with a list of the names of all Ministers of the Crown and party leaders, and shall provide the same to the Member presiding prior to the taking of the ballot.

Ballot papers.

(2) Members present in the Chamber shall be provided by the Clerk of the House with ballot papers, on which shall be listed, in alphabetical order, the names of all the Members whose names have not been placed on the list provided pursuant to section (1) of this Standing Order.

Announcement of availability of list.

(3) The Member presiding shall announce from the Chair that the list provided pursuant to section (1) of this Standing Order is available for consultation at the Table.

Choice indicated on ballot paper.

(4) Members wishing to indicate their choice for the Office of Speaker shall rank each candidate listed on the ballot in the Member’s order of preference by marking the number “1” in the space adjacent to the name of the candidate who is the Member’s first preference, the number “2” in the space adjacent to the name of the Member’s second preference and so on until the Member has completed the ranking of all the candidates for whom the Member wishes to vote.

Ballot validity.

(5) A ballot on which a Member has ranked one or more, but not all, of the candidates is valid only in respect of the candidate or candidates whom the Member has ranked.

Ballot paper deposited in box.

(6) Members shall deposit their completed ballot papers in a box provided for that purpose on the Table.

Counting of ballot papers and announcement of successful candidate.

(7) The Clerk of the House shall, once all Members wishing to do so have deposited their ballot papers, count the number of first preferences recorded on the ballots for each candidate, and, if a candidate has received a majority of first preferences, provide the Member presiding with the name of that candidate, whereupon the Member presiding shall announce the name of the new Speaker.

When no majority of votes.

(8) If, after the count referred to in section (7) of this Standing Order, no candidate has received a majority of first preferences, the Clerk of the House shall

(a) eliminate the candidate who received the least number of first preferences from any subsequent counts and, in the event that, at the conclusion of a count, there is an equality of votes between two or more candidates, both or all of whom have the fewest first preferences, eliminate all of the candidates for whom there is an equality of first preferences;

(b) in all subsequent counts, treat each second or lower preference as if it were a first preference for the next highest candidate in the order of preference who is not eliminated; and

(c) repeat the process of vote counting described in paragraphs (a) and (b) until one candidate has received a majority of first preferences, at which point the Clerk of the House shall provide the Member presiding with the name of that candidate, whereupon the Member presiding shall announce the name of the new Speaker.

(9) Every ballot shall be considered in every count, unless it is exhausted in accordance with section (10) of this Standing Order.

(10) A ballot is exhausted when all the candidates on that ballot in respect of which a preference has been made are eliminated.

Subsequent ballots.

(11) In the event that, after all other candidates have been eliminated, the process of vote counting has resulted in an equality of largest number of first preferences between two or more candidates, Members present in the Chamber shall be provided by the Clerk of the House with ballot papers, on which shall be listed, in alphabetical order, the names of all candidates who have not been eliminated, and the vote shall proceed in like manner as the first vote.

Destruction of ballot papers.

(12) After a Speaker has been declared elected, the Clerk of the House shall destroy the ballots together with all records of the number of preferences marked for each candidate and the Clerk of the House shall in no way divulge the number of preferences marked for any candidate.

No debate or questions of privilege allowed.

(13) During the election of a Speaker there shall be no debate and the Member presiding shall not be permitted to entertain any question of privilege.


5.

Ministers of the Crown and party leaders not eligible.

No Minister of the Crown, nor party leader, shall be eligible for election to the Office of Speaker.


6.

Not a question of confidence.

The election of a Speaker shall not be considered to be a question of confidence in the government.


7.

Chair of Committees of the Whole.

(1) At the commencement of every Parliament or whenever there is a vacancy, the Speaker of the House, after consultation with the leaders of each of the officially recognized parties, shall announce to the House the name of a Member he or she considers to be qualified for the position of Chair of Committees of the Whole who, upon his or her election to that post, shall also be Deputy Speaker of the House.

Question put forthwith.

(1.1) Following the designation of a Member pursuant to section (1) of this Standing Order, a motion for his or her election shall be deemed to have been moved and seconded and the question shall be put forthwith without debate or amendment.

Language knowledge.

(2) The Member elected to serve as Deputy Speaker and Chair of Committees of the Whole shall be required to possess the full and practical knowledge of the official language which is not that of the Speaker for the time being.

Term of office. Vacancy.

(3) The Member so elected as Deputy Speaker and Chair of Committees of the Whole shall continue to act in that capacity until the end of the Parliament for which he or she is elected, and in the case of a vacancy by death, resignation or otherwise, the House shall proceed forthwith to elect a successor.

Ad hoc appointment.

(4) In the absence of the Deputy Speaker and Chair of Committees of the Whole, the Speaker may, in forming a Committee of the Whole, before leaving the Chair, appoint any Member Chair of the Committee.


8.

Assistant Deputy Speaker and Deputy Chair of Committees of the Whole and Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole.

(1) At the commencement of every session, or from time to time as necessity may arise, the Speaker of the House, after consultation with the leaders of each of the officially recognized parties, shall announce to the House the name of a Member he or she considers to be qualified for the position of Assistant Deputy Speaker and Deputy Chair of Committees of the Whole and also the name of a Member he or she considers to be qualified for the position of Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole, either of whom shall, upon his or her election to that post, whenever the Chair of Committees of the Whole is absent, be entitled to exercise all the powers vested in the Chair of Committees of the Whole including his or her powers as Deputy Speaker during the Speaker’s unavoidable absence.

Question put forthwith.

(2) Following the designation of a Member pursuant to section (1) of this Standing Order, a motion for his or her election shall be deemed to have been moved and seconded and the question shall be put forthwith without debate or amendment.

Order and Decorum


9.

Speaker mute in debate. Casting vote.

The Speaker shall not take part in any debate before the House. In case of an equality of voices, the Speaker gives a casting vote, and any reasons stated are entered in the Journals.


10.

Order and decorum. No appeal.

The Speaker shall preserve order and decorum, and shall decide questions of order. In deciding a point of order or practice, the Speaker shall state the Standing Order or other authority applicable to the case. No debate shall be permitted on any such decision, and no such decision shall be subject to an appeal to the House.


11.

Naming of a Member.

(1)(a) The Speaker shall be vested with the authority to maintain order by naming individual Members for disregarding the authority of the Chair and, without resort to motion, ordering their withdrawal for the remainder of that sitting, notwithstanding Standing Order 15.

Removal of Member disregarding Chair’s authority.

(b) In the event of a Member disregarding an order of the Chair made pursuant to paragraph (a) of this section, the Speaker shall order the Sergeant-at-Arms to remove the Member.

Irrelevance or repetition.

(2) The Speaker or the Chair of Committees of the Whole, after having called the attention of the House, or of the Committee, to the conduct of a Member who persists in irrelevance, or repetition, may direct the Member to discontinue his or her speech, and if then the Member still continues to speak, the Speaker shall name the Member or, if in Committee of the Whole, the Chair shall report the Member to the House.


12.

Decorum in Committee of the Whole.

The Chair shall maintain order in Committees of the Whole; deciding all questions of order subject to an appeal to the Speaker; but disorder in a Committee of the Whole can only be censured by the House, on receiving a report thereof. No debate shall be permitted on any decision.


13.

When motion is contrary to rules and privileges of Parliament.

Whenever the Speaker is of the opinion that a motion offered to the House is contrary to the rules and privileges of Parliament, the Speaker shall apprise the House thereof immediately, before putting the question thereon, and quote the Standing Order or authority applicable to the case.


14.

Notice of strangers. Question that strangers withdraw. Speaker or Chair decides.

If any Member takes notice that strangers are present, the Speaker or the Chair (as the case may be) may put the question “That strangers be ordered to withdraw”, without permitting any debate or amendment; provided that the Speaker or the Chair may order the withdrawal of strangers.

CHAPTER II

MEMBERS


15.

Attendance required.

Every Member, being cognizant of the provisions of the Parliament of Canada Act, is bound to attend the sittings of the House, unless otherwise occupied with parliamentary activities and functions or on public or official business.


16.

Decorum.

(1) When the Speaker is putting a question, no Member shall enter, walk out of or across the House, or make any noise or disturbance.

(2) When a Member is speaking, no Member shall pass between that Member and the Chair, nor interrupt him or her, except to raise a point of order.

(3) No Member may pass between the Chair and the Table, nor between the Chair and the Mace when the Mace has been taken off the Table by the Sergeant-at-Arms.

(4) When the House adjourns, Members shall keep their seats until the Speaker has left the Chair.


17.

Rising to be recognized.

Every Member desiring to speak is to rise in his or her place, except during proceedings pursuant to Standing Orders 38(5), 52 and 53.1, and address the Speaker.


18.

Disrespectful or offensive language. Reflection on a vote.

No Member shall speak disrespectfully of the Sovereign, nor of any of the Royal Family, nor of the Governor General or the person administering the Government of Canada; nor use offensive words against either House, or against any Member thereof. No Member may reflect upon any vote of the House, except for the purpose of moving that such vote be rescinded.


19.

Point of order. Speaker may allow a debate.

Any Member addressing the House, if called to order either by the Speaker or on a point raised by another Member, shall sit down while the point is being stated, after which he or she may explain. The Speaker may permit debate on the point of order before giving a decision, but such debate must be strictly relevant to the point of order taken.


20.

When a Member shall withdraw.

If anything shall come in question touching the conduct, election or right of any Member to hold a seat, that Member may make a statement and shall withdraw during the time the matter is in debate.


21.

Deleted (October 4, 2004).


22.

Deleted (October 4, 2004).


23.

Offer of money to Members.

(1) The offer of any money or other advantage to any Member of this House, for the promoting of any matter whatsoever depending or to be transacted in Parliament, is a high crime and misdemeanour, and tends to the subversion of the Constitution.

Bribery in elections.

(2) If it shall appear that any person has been elected and returned a Member of this House, or has endeavoured so to be, by bribery or any other corrupt practices, this House will proceed with the utmost severity against all such persons as shall have been wilfully concerned in such bribery or other corrupt practices.

CHAPTER III

SITTINGS OF THE HOUSE


24.

Times and days of sittings.

(1) The House shall meet on Mondays at 11:00 a.m., on Tuesdays, Thursdays and Fridays at 10:00 a.m. and on Wednesdays at 2:00 p.m. unless otherwise provided by Standing or Special Order of this House.

Daily adjournment.

(2) At 6:30 p.m. on any sitting day except Friday and at 2:30 p.m. on Fridays, the Speaker shall adjourn the House until the next sitting day.


25.

When motion to adjourn required.

When it is provided in any Standing or Special Order of this House that any business specified by such Order shall be continued, forthwith disposed of, or concluded in any sitting, the House shall not be adjourned before such proceedings have been completed except pursuant to a motion to adjourn proposed by a Minister of the Crown.


26.

Motion to continue or extend sitting.

(1) Except during Private Members’ Business, when the Speaker is in the Chair, a Member may propose a motion, without notice, to continue a sitting through a dinner hour or beyond the ordinary hour of daily adjournment for the purpose of considering a specified item of business or a stage or stages thereof subject to the following conditions:

Motion to relate to business.

(a) the motion must relate to the business then being considered provided that proceedings in any Committee of the Whole may be temporarily interrupted for the purpose of proposing a motion under the provisions of this Standing Order;

When motion to be made.

(b) the motion must be proposed in the hour preceding the time at which the business under consideration should be interrupted by a dinner hour, Private Members’ Hour or the ordinary hour of daily adjournment; and

No debate.

(c) the motion shall not be subject to debate or amendment.

When objection taken.

(2) In putting the question on such motion, the Speaker shall ask those Members who object to rise in their places. If fifteen or more Members then rise, the motion shall be deemed to have been withdrawn; otherwise, the motion shall have been adopted.


27.

Extension of sitting hours in June.

(1) On the tenth sitting day preceding June 23, a motion to extend the hours of sitting to a specific hour during the last ten sitting days may be proposed, without notice, by any Minister during routine proceedings.

When question put.

(2) Not more than two hours after the commencement of proceedings thereon, the Speaker shall put every question necessary to dispose of the said motion.


28.

House not to sit.

(1) The House shall not meet on New Year’s Day, Good Friday, the day fixed for the celebration of the birthday of the Sovereign, St. John the Baptist Day, Dominion Day, Labour Day, Thanksgiving Day, Remembrance Day and Christmas Day. When St. John the Baptist Day and Dominion Day fall on a Tuesday, the House shall not meet the preceding day; when those days fall on a Thursday, the House shall not meet the following day.

House calendar.

(2)(a) When the House meets on a day, or sits after the normal meeting hour on a day, set out in column A, and then adjourns, it shall stand adjourned to the day set out in column B, except as provided for in paragraph (b).

A :

B :

The Friday preceding Thanksgiving Day.

The second Monday following that Friday.

The Friday preceding Remembrance Day.

The second Monday following that Friday.

The second Friday preceding Christmas Day.

The last Monday in January.

The Friday preceding the week marking the mid-way point between the Monday following Easter Monday and June 23.

The second Monday following that Friday or, if that Monday is the day fixed for the celebration of the birthday of the Sovereign, on the Tuesday following that Monday.

June 23 or the Friday preceding if June 23 falls on a Saturday, a Sunday or a Monday.

The second Monday following Labour Day.

Calendar tabled by the Speaker.

(b) The Speaker of the House shall, by September 30, after consultation with the House Leaders, table in the House a calendar for the following year setting out the sitting and non-sitting weeks between the last Monday in January and the Monday following Easter Monday.

Recall of House.

(3) Whenever the House stands adjourned, if the Speaker is satisfied, after consultation with the government, that the public interest requires that the House should meet at an earlier time, the Speaker may give notice that being so satisfied the House shall meet, and thereupon the House shall meet to transact its business as if it had been duly adjourned to that time. In the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker, the Assistant Deputy Speaker and Deputy Chair of Committees of the Whole or the Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole shall act in the Speaker’s stead for all the purposes of this section.

Royal Assent during adjournments.

(4) During adjournments of the House pursuant to section (2) of this Standing Order, if a bill or bills are awaiting Royal Assent, the Speaker may, at the request of the government, give notice that the House shall meet at an earlier time for the purposes of Royal Assent. The House shall meet at the specified time for those purposes only; and immediately thereafter the Speaker shall adjourn the House to the time to which it had formerly been adjourned. In the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker, the Assistant Deputy Speaker and Deputy Chair of Committees of the Whole or the Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole shall act in the Speaker’s stead for all the purposes of this section.

Royal Assent by written declaration during adjournments.

(5) During adjournments of the House, upon receipt of a message signifying Royal Assent by written declaration and the prior receipt of messages from the Senate concerning every bill in the declaration, the Speaker shall inform the House of the receipt of such message by causing it, along with any message received pursuant to Standing Order 32(1.1), to be published in the Journals.


29.

Quorum of twenty.

(1) The presence of at least twenty Members of the House, including the Speaker, shall be necessary to constitute a meeting of the House for the exercise of its powers.

Lack of quorum.

(2) If at the time of meeting there be not a quorum, the Speaker may take the Chair and adjourn the House until the next sitting day.

Ringing of bells for quorum.

(3) If, during a sitting of the House, the attention of the Speaker is drawn to the lack of a quorum, the Speaker shall, upon determining that a quorum is lacking, order the bells to ring for no longer than fifteen minutes; thereupon a count of the Members present shall be taken, and if a quorum is still lacking, the Speaker shall adjourn the House until the next sitting day.

Recorded in Journals.

(4) Whenever the Speaker adjourns the House for want of a quorum, the time of the adjournment, and the names of the Members then present, shall be inserted in the Journals.

Speaker to receive Black Rod.

(5) When the Sergeant-at-Arms announces that the Usher of the Black Rod is at the door, the Speaker shall take the Chair, whether there be a quorum present or not.

CHAPTER IV

DAILY PROGRAM


30.

Prayer.

(1) The Speaker shall read the prayer every day at the meeting of the House before any business is entered upon.

Commencement of business.

(2) Not more than two minutes after the reading of the prayer, the business of the House shall commence.

Routine Proceedings.

(3) At 3:00 p.m. on Mondays and Wednesdays, at 10:00 a.m. on Tuesdays and Thursdays, and at 12:00 noon on Fridays, the House shall proceed to the ordinary daily routine of business, which shall be as follows:

Tabling of Documents (pursuant to Standing Orders 32 or 109)

Introduction of Government Bills

Statements by Ministers (pursuant to Standing Order 33)

Presenting Reports from Interparliamentary Delegations (pursuant to Standing Order 34)

Presenting Reports from Committees (pursuant to Standing Order 35)

Introduction of Private Members’ Bills

First Reading of Senate Public Bills

Motions

Presenting Petitions (pursuant to Standing Order 36(6))

Questions on the Order Paper.

When introduction of Government Bills not completed before statements by Members.

(4)(a) When proceedings under “Introduction of Government Bills” are not completed on a Tuesday or Thursday prior to statements by Members, the ordinary daily routine of business shall continue immediately after oral questions are taken up, notwithstanding section (5) of this Standing Order, until the completion of all items under “Introduction of Government Bills”, suspending as much of Private Members’ Business as necessary.

Before ordinary hour of daily adjournment.

(b) When proceedings under “Introduction of Government Bills” are not completed before the ordinary hour of daily adjournment, the House shall continue to sit to complete the ordinary daily routine of business up to and including “Introduction of Government Bills”, whereupon the Speaker shall adjourn the House.

Time for statements by Members, Oral Question period and Orders of the Day.

(5) At 2:00 p.m. on Mondays, Tuesdays, Wednesdays and Thursdays, and at 11:00 a.m. on Fridays, Members, other than Ministers of the Crown, may make statements pursuant to Standing Order 31. Not later than 2:15 p.m. or 11:15 a.m., as the case may be, oral questions shall be taken up. At 3:00 p.m. on Tuesdays and Thursdays, and after the ordinary daily routine of business has been disposed of on Mondays, Wednesdays and Fridays, the Orders of the Day shall be considered in the order established pursuant to section (6) of this Standing Order.

Day by day order of business.

(6) Except as otherwise provided in these Standing Orders, the order of business shall be as follows:

Monday

Before the daily routine of business

Private Members’ Business — from 11:00 a.m. to 12:00 noon:

Public Bills, Private Bills, Notices of Motions and Notices of Motions (Papers).

Government Orders.

After the daily routine of business

Government Orders.

Tuesday and Thursday

After the daily routine of business

Government Orders.

Private Members’ Business — from 5:30 to 6:30 p.m.:

Public Bills, Private Bills, Notices of Motions and Notices of Motions (Papers).

Wednesday

After the daily routine of business

Notices of Motions for the Production of Papers.

Government Orders.

Private Members’ Business — from 5:30 to 6:30 p.m.:

Public Bills, Private Bills, Notices of Motions and Notices of Motions (Papers).

Friday

Before the daily routine of business

Government Orders.

After the daily routine of business

Government Orders.

Private Members’ Business — from 1:30 to 2:30 p.m.:

Public Bills, Private Bills, Notices of Motions and Notices of Motions (Papers).

Delay or interruption of Private Members’ Hour.

(7) If the beginning of Private Members’ Hour is delayed for any reason, or if the Hour is interrupted for any reason, a period of time corresponding to the time of the delay or interruption shall be added to the end of the Hour suspending as much of the business set out in section (6) of this Standing Order as necessary. If the beginning of Private Members’ Hour is delayed or the interruption continues past thirty minutes after the time at which the Hour would have ordinarily ended, Private Members’ Hour for that day and the business scheduled for consideration at that time, or any remaining portion thereof, shall be added to the business of the House on a day to be fixed, after consultation, by the Speaker, who shall attempt to designate that day within the next ten sitting days, but who, in any case, shall not permit the intervention of more than one adjournment period provided for in Standing Order 28(2). In cases where the Speaker adjourns the House pursuant to Standing Orders 2(3), 30(4)(b) or 83(2), this section shall not apply.


31.

Statements by Members.

A Member may be recognized, under the provisions of Standing Order 30(5), to make a statement for not more than one minute. The Speaker may order a Member to resume his or her seat if, in the opinion of the Speaker, improper use is made of this Standing Order.


32.

Documents deposited pursuant to statutory or other authority.

(1) Any return, report or other paper required to be laid before the House in accordance with any Act of Parliament or in pursuance of any resolution or Standing Order of this House may be deposited with the Clerk of the House on any sitting day or, when the House stands adjourned, on the Wednesday following the fifteenth day of the month. Such return, report or other paper shall be deemed for all purposes to have been presented to or laid before the House.

Messages from the Senate deposited with the Clerk.

(1.1) When the House stands adjourned, any message from the Senate concerning bills to be given Royal Assent may be deposited with the Clerk of the House and such message shall be deemed for all purposes to have been received by the House on the day on which it is deposited with the Clerk of the House.

Tabling of documents in the House.

(2) A Minister of the Crown, or a Parliamentary Secretary acting on behalf of a Minister, may, in his or her place in the House, state that he or she proposes to lay upon the Table of the House, any report or other paper dealing with a matter coming within the administrative responsibilities of the government, and, thereupon, the same shall be deemed for all purposes to have been laid before the House.

Recorded in Journals.

(3) In either case, a record of any such paper shall be entered in the Journals.

In both official languages.

(4) Any document distributed in the House or laid before the House pursuant to sections (1) or (2) of this Standing Order shall be in both official languages.

Permanent referral to committee.

(5) Reports, returns or other papers laid before the House in accordance with an Act of Parliament shall thereupon be deemed to have been permanently referred to the appropriate standing committee.

Referral to committee in other cases.

(6) Papers required to be laid upon the Table pursuant to Standing Order 110 shall be deemed referred to the appropriate standing committee during the period specified in laying the same upon the Table.

Tabling of document outlining reasons for prorogation.

(7) Not later than twenty sitting days after the beginning of the second or subsequent session of a Parliament, a Minister of the Crown shall lay upon the Table a document outlining the reasons for the latest prorogation. This document shall be deemed referred to the Standing Committee on Procedure and House Affairs immediately after it is presented in the House.


33.

Statements by Ministers.

(1) On Statements by Ministers, as listed in Standing Order 30(3), a Minister of the Crown may make a short factual announcement or statement of government policy. A Member from each of the parties in opposition to the government may comment briefly thereon. The time for such proceedings shall be limited as the Speaker deems fit.

Extension of sitting.

(2) A period of time corresponding to the time taken for the proceedings pursuant to section (1) of this Standing Order shall be added to the time provided for government business in the afternoon of the day on which the said proceedings took place. Private Members’ Business, where applicable, and the ordinary time of daily adjournment shall be delayed accordingly, notwithstanding Standing Orders 24, 30 and 38 or any Order made pursuant to Standing Order 27.


34.

Reports of Interparliamentary delegations.

(1) Within twenty sitting days of the return to Canada of an officially recognized inter-parliamentary delegation composed, in any part, of Members of the House, the head of the delegation, or a Member acting on behalf of him or her, shall present a report to the House on the activities of the delegation.

Succinct explanation allowed.

(2) A Member presenting a report, pursuant to section (1) of this Standing Order, shall be permitted to make a succinct oral presentation of its subject-matter.


35.

Reports from committees. Succinct explanation allowed.

(1) Reports to the House from committees may be made by Members standing in their places, at the time provided pursuant to Standing Order 30(3) or 81(4)(d), provided that the Member may be permitted to give a succinct explanation of the subject-matter of the report.

Further succinct explanation.

(2) Upon presentation of a report accompanied by supplementary or dissenting opinions or recommendations pursuant to Standing Order 108(1)(b), a committee member of the Official Opposition representing those who supported the opinion or opinions expressed in the appended material may also rise to give a succinct explanation thereof.


36.

Paper petitions to be examined by Clerk of Petitions.

(1) Prior to presentation, the Clerk of Petitions shall examine all paper petitions, and in order to be presented, they must be certified correct as to form and content by the said Clerk.

Form of paper petitions.

(1.1) In order to be certified, pursuant to section (1) of this Standing Order, every paper petition shall:

(a) be addressed to the House of Commons, the House of Commons in Parliament assembled, the Government of Canada, a Minister of the Crown or a Member of the House of Commons;

(b) contain a clear, proper and respectful prayer which may call for the expenditure of public funds;

(c) be written, typewritten or printed on paper of usual size;

(d) be free of alterations and interlineations in its text;

(e) have its subject-matter indicated on every sheet if it consists of more than one sheet of signatures and addresses;

(f) contain only original signatures and addresses written directly onto the petition and not pasted thereon or otherwise transferred to it;

(g) not concern a matter in which one or more of the heads of relief sought are currently sub judice; and

(h) contain at least twenty-five signatures from citizens or residents of Canada, other than Members of Parliament, and where the signatories have a fixed place of residence, their addresses.

Electronic petitions to be examined by Clerk of Petitions.

(2) Prior to publishing on the Parliament of Canada website, the Clerk of Petitions shall examine all electronic petitions in order to determine that they are correct as to form and content.

Form of electronic petitions.

(2.1) In order to be published on the website, pursuant to section (2) of this Standing Order, every petition shall:

(a) be addressed to the House of Commons, the House of Commons in Parliament assembled, the Government of Canada, a Minister of the Crown or a Member of the House of Commons;

(b) contain a clear, proper and respectful prayer which may call for the expenditure of public funds;

(c) not exceed 250 words;

(d) be sponsored by a Member;

(e) not concern a matter in which one or more of the heads of relief sought are currently sub judice;

(f) contain no Universal Resource Locators (URLs), or other links or web-based references; and

(g) be submitted by an epetitioner who has no other electronic petitions open for signature.

120 days for signature.

(2.2) Each electronic petition shall be open for signature for 120 days.

Similar items. Clerk of Petitions to decide.

(2.3) The Clerk of Petitions shall be responsible for determining whether an electronic petition is so similar as to be substantially the same as one already open for signature, in which case the last electronic petition received shall be returned to its sender without having appeared on the website.

Electronic petitions to be certified by Clerk of Petitions.

(2.4) In order to be certified by the Clerk of Petitions for presentation to the House, every electronic petition shall contain at least 500 signatures from citizens or residents of Canada, other than Members of Parliament, and where the signatories have a fixed place of residence, their addresses.

Members answerable.

(3) Members sponsoring an electronic petition or presenting petitions to the House shall be answerable that they do not contain impertinent or improper matter.

Member’s endorsement.

(4) Every Member presenting a petition shall endorse his or her name thereon.

Filing with Clerk of the House.

(5) A petition to the House may be presented by a Member at any time during the sitting of the House by filing the same with the Clerk of the House.

Presentation in the House.

(6) Any Member desiring to present a petition, in his or her place in the House, may do so on “Presenting Petitions”, a period not to exceed fifteen minutes, during the ordinary daily routine of business.

No debate.

(7) On the presentation of a petition no debate on or in relation to the same shall be allowed.

Ministry’s response.

(8)(a) Every petition presented pursuant to this Standing Order shall forthwith be transmitted to the Ministry, which shall, within forty-five days, respond to every petition referred to it; provided that the said response may be tabled pursuant to Standing Order 32(1).

(b) If such a petition remains without a response at the expiration of the said period of forty-five days, the matter of the failure of the Ministry to respond shall be deemed referred to the appropriate Standing Committee. Within five sitting days of such a referral the Chair of the committee shall convene a meeting of the committee to consider the matter of the failure of the Ministry to respond.

CHAPTER V

QUESTIONS

Oral Questions


37.

Daily question period. Speaker decides urgency.

(1) Questions on matters of urgency may, at the time specified in Standing Order 30(5), be addressed orally to Ministers of the Crown, provided however that, if in the opinion of the Speaker a question is not urgent, he or she may direct that it be placed on the Order Paper.

Questions to member of Board of Internal Economy.

(2) Questions may also be addressed orally at the time specified in Standing Order 30(5), to a member of the Board of Internal Economy so designated by the Board.

Notice of question for adjournment proceedings.

(3) A Member who is not satisfied with the response to a question asked on any day at this stage, or a Member who has been told by the Speaker that the question is not urgent, may give notice that he or she intends to raise the subject-matter of the question on the adjournment of the House. The notice referred to herein, whether or not it is given orally during the oral question period provided pursuant to Standing Order 30(5), must be given in writing to the Speaker not later than one hour following that period the same day. Unless previously disposed of, the said notice shall be deemed withdrawn after the forty-fifth sitting day from the day of notice.


38.

Adjournment proceedings.

(1) Except as otherwise provided in these Standing Orders, at the time of adjournment on Mondays, Tuesdays, Wednesdays and Thursdays, the Speaker may, notwithstanding the provisions of Standing Orders 24(2) and 67(2), deem that a motion to adjourn the House has been made and seconded, whereupon such motion shall be debatable for not more than thirty minutes.

Notice required and time limit.

(2)(a) No matter shall be debated during the thirty minutes herein provided, unless notice thereof has been given by a Member as provided in Standing Order 37(3) or 39(5)(b). No debate on any one matter raised during this period shall last for more than ten minutes.

(b) When notice has been given pursuant to Standing Orders 37(3) and 39(5)(b) and the matter is not taken up during the time provided pursuant to paragraph (a) of this section, the notice shall be deemed withdrawn.

Selection of matters to be raised.

(3) When several Members have given notices of intention to raise matters on the adjournment of the House, the Speaker shall decide the order in which such matters are to be raised. In doing so, the Speaker shall have regard to the order in which notices were given, to the urgency of the matters raised, and to the apportioning of the opportunities to debate such matters among the Members of the various parties in the House. The Speaker may, at his or her discretion, consult with representatives of the parties concerning such order and be guided by their advice.

Questions to be announced.

(4) By not later than 5:00 p.m. on any Monday, Tuesday, Wednesday or Thursday, the Speaker shall indicate to the House the matter or matters to be raised at the time of adjournment that day.

Time limits on questions, answers and replies.

(5) The Member raising the matter may speak for not more than four minutes. A Minister of the Crown, or a Parliamentary Secretary speaking on behalf of a Minister, if he or she wishes to do so, may speak for not more than four minutes. Following the speech by the Minister or the Parliamentary Secretary, the Member may reply for a period of not more than one minute and the Minister or the Parliamentary Secretary may respond to the reply for not more than one minute. When debate has lasted for a total of thirty minutes, or when the debate on the matter or matters raised has ended, whichever comes first, the Speaker shall deem the motion to adjourn to have been carried and shall adjourn the House until the next sitting day.

Time in announcing future business not to count.

(6) The time required for any questions and answers concerning the future business of the House, whether this item takes place before or after the thirty minute period herein provided, shall not be counted as part of the said thirty minutes.

Written Questions


39.

Questions on the Order Paper.

(1) Questions may be placed on the Order Paper seeking information from Ministers of the Crown relating to public affairs; and from other Members, relating to any bill, motion or other public matter connected with the business of the House, in which such Members may be concerned; but in putting any such question or in replying to the same no argument or opinion is to be offered, nor any facts stated, except so far as may be necessary to explain the same; and in answering any such question the matter to which the same refers shall not be debated.

Responsibilities of the Clerk.

(2) The Clerk of the House, acting for the Speaker, shall have full authority to ensure that coherent and concise questions are placed on the Notice Paper in accordance with the practices of the House, and may, on behalf of the Speaker, order certain questions to be posed separately.

Starred questions. Limit of three.

(3)(a) Any Member who requires an oral answer to his or her question may distinguish it by an asterisk, but no Member shall have more than three such questions at a time on the daily Order Paper.

Reply printed in Hansard.

(b) If a Member does not distinguish his or her question by an asterisk, the Minister to whom the question is addressed hands the answer to the Clerk of the House who causes it to be printed in the official report of the Debates.

Limit of four questions on the Order Paper.

(4) No Member shall have more than four questions on the Order Paper at any one time.

Request for ministerial response.

(5)(a) A Member may request that the Ministry respond to a specific question within forty-five days by so indicating when filing his or her question.

After forty-five days, question deemed referred to committee; can be transferred to adjournment proceedings.

(b) If such a question remains unanswered at the expiration of the said period of forty-five days, the matter of the failure of the Ministry to respond shall be deemed referred to the appropriate Standing Committee. Within five sitting days of such a referral the Chair of the committee shall convene a meeting of the committee to consider the matter of the failure of the Ministry to respond. The question shall be designated as referred to committee on the Order Paper and, notwithstanding Standing Order 39(4), the Member may submit one further question for each question so designated. The Member who put the question may rise in the House under “Questions on the Order Paper” and give notice that he or she intends to transfer the question and raise the subject-matter thereof on the adjournment of the House, and the order referring the matter to committee is thereby discharged.

Transfer of question to Notices of Motions.

(6) If, in the opinion of the Speaker, a question on the Order Paper put to a Minister of the Crown is of such a nature as to require a lengthy reply, the Speaker may, upon the request of the government, direct the same to stand as a notice of motion, and to be transferred to its proper place as such upon the Order Paper, the Clerk of the House being authorized to amend the same as to matters of form.

Question made order for return.

(7) If a question is of such a nature that, in the opinion of the Minister who is to furnish the reply, such reply should be in the form of a return, and the Minister states that he or she has no objection to laying such return upon the Table of the House, the Minister’s statement shall, unless otherwise ordered by the House, be deemed an order of the House to that effect and the same shall be entered in the Journals as such.

CHAPTER VI

PROCESS OF DEBATE


40.

Precedence of items on the Order Paper.

(1) All items standing on the Orders of the Day, except Government Orders, shall be taken up according to the precedence assigned to each on the Order Paper.

Calling of government business.

(2) Government Orders shall be called and considered in such sequence as the government determines.


41.

Business interrupted.

(1) Whenever the business before the House is interrupted pursuant to a Standing or Special Order, unless otherwise provided, the proceedings then under consideration shall stand over until the next sitting day or later the same sitting day after the period provided pursuant to Standing Order 30(5), as the case may be, when it will be taken up at the same stage where its progress was interrupted.

Order of the Day interrupted by adjournment of the House.

(2) If debate on any Order of the Day be interrupted by the House being adjourned by motion or for want of a quorum, such motion or Order shall be allowed to stand and retain its precedence on the Order Paper for the next sitting, provided that if debate on any item of Private Members’ Business designated as non-votable pursuant to Standing Orders 87(1)(d) or 92 is so interrupted, it shall thereupon be dropped from the Order Paper.


42.

Questions and notices of motions not taken up.

(1) Questions put by Members and notices of motions not taken up when called may (upon the request of the government) be allowed to stand and retain their precedence; otherwise they will disappear from the Order Paper. They may, however, be renewed.

When orders may be stood or dropped.

(2) Orders not proceeded with when called, upon the like request, may be allowed to stand retaining their precedence; otherwise they shall be dropped and be placed on the Order Paper for the next sitting after those of the same class at a similar stage.

Orders postponed.

(3) All orders not disposed of at the adjournment of the House shall be postponed until the next sitting day, without a motion to that effect.


43.

Time limit and comments on speeches when Speaker in Chair.

(1)(a) Unless otherwise provided in these Standing Orders, when the Speaker is in the Chair, no Member, except the Prime Minister and the Leader of the Opposition, or a Minister moving a government order and the Member speaking in reply immediately after such Minister, shall speak for more than twenty minutes at a time in any debate.

(b) Following any speech by the Prime Minister, the Leader of the Opposition, a Minister moving a government order, or the Member speaking in reply immediately after such Minister, and following any twenty-minute speech, a period not exceeding ten minutes shall be made available, if required, to allow Members to ask questions and comment briefly on matters relevant to the speech and to allow responses thereto.

(c) Except as provided in Standing Orders 95, 97.1(2)(c)(i) and 126(1)(a), following any ten-minute speech, a period not exceeding five minutes shall be made available, if required, to allow Members to ask questions and comment briefly on matters relevant to the speech and to allow responses thereto.

Period of debate divided in two.

(2)(a) The Whip of a party may indicate to the Speaker at any time during a debate governed by this Standing Order that one or more of the periods of debate limited pursuant to section (1) of this Standing Order to twenty minutes and allotted to Members of his or her party are to be divided in two.

(b) Any Member rising to speak during a debate limited by section (1) of this Standing Order to twenty-minute speeches, may indicate to the Speaker that he or she will be dividing his or her time with another Member.


44.

No Member to speak twice. Exception.

(1) No Member, unless otherwise provided by Standing or Special Order, may speak twice to a question except in explanation of a material part of his or her speech which may have been misquoted or misunderstood, and the Member is not to introduce any new matter, but then no debate shall be allowed upon such explanation.

Right of reply.

(2) A reply shall be allowed to a Member who has moved a substantive motion, but not to the mover of an amendment, the previous question or an instruction to a committee.

Reply closes debate.

(3) In all cases the Speaker shall inform the House that the reply of the mover of the original motion closes the debate.


44.1

Register of paired Members.

(1) The Clerk of the House shall cause to be kept at the Table a Register of Paired Members, in which any Member of the government party and any Member of an opposition party may have their names entered together by their respective Whips, to indicate that they will not take part in any recorded division held on the date inscribed on that page of the Register; provided that independent Members of Parliament may sign the Register in their own right.

Names to be printed.

(2) On any day on which one or more recorded divisions have taken place, the names of the Members so entered shall be printed in the Debates and the Journals, immediately following the entry for each of the said divisions.


45.

When vote recorded.

(1) Upon a division, the “yeas” and “nays” shall not be entered in the Journals, unless demanded by five Members.

No debate preparatory to a division.

(2) When Members have been called in, preparatory to a division, no further debate is to be permitted.

15-minute division bell when Speaker has interrupted any proceeding.

(3) When, under the provisions of any Standing Order or other Order of this House, the Speaker has interrupted any proceeding for the purpose of putting forthwith the question on any business then before the House, the bells to call in the Members shall be sounded for not more than fifteen minutes.

30-minute division bell on non-debatable motion.

(4) When the Speaker has put the question on any non-debatable motion, the bells to call in the Members shall be sounded for not more than thirty minutes.

30-minute division bell on debatable motion. Deferring division upon request of a Whip.

(5)(a)(i) Except as provided in sections (3) and (6) of this Standing Order, when the Speaker has put the question on a debatable motion and a recorded division has been demanded on the question, the bells to call in the Members are sounded for not more than thirty minutes.

(ii) During the sounding of the bells, either the Chief Government Whip or the Chief Opposition Whip may ask the Speaker to defer the division. The Speaker then defers it to an appointed time, which must be no later than the ordinary hour of daily adjournment on the next sitting day that is not a Friday. At that time, the bells sound for not more than fifteen minutes. Exceptions to this method of deferring recorded divisions are found in paragraph (b) of this section, in section (6) of this Standing Order and in Standing Order 126(2).

(iii) In the case of a votable opposition motion proposed by a Member of a party other than the Official Opposition, the Whip of that party also may ask the Speaker to defer the division.

Deferring division on an allotted day.

(b) When the Speaker has put the question on a votable opposition motion on an allotted day and a recorded division has been demanded on the question, a deferral of the division may be requested under the terms of paragraph (a) of this section, except on the last allotted day of a supply period.

House continues with business.

(c) A recorded division can be deferred, under the terms of paragraph (a) of this section or section (6) of this Standing Order, only once. When a recorded division has been deferred, the House continues with the business before it, as set out in Standing Order 30(6).

Business to be concluded after deferred division is taken.

(d) If the Speaker has interrupted debate on any item of business that an Order of the House provides must be disposed of in a particular sitting, and one of the divisions involved has been deferred, no further debate can take place on the item once the deferred division has been taken, but everything necessary to dispose of the item must then be done immediately.

Division on debatable motion demanded on a Friday. Division deferred on a Thursday. Exception: division on the last allotted day of a supply period.

(6)(a) If, on a Friday, a division is demanded on any debatable motion, the division is deferred until the ordinary hour of daily adjournment on the next sitting day. A division deferred on Thursday is not held on Friday, but is instead deferred to the next sitting day, at the ordinary hour of daily adjournment. The bells for all such deferred divisions sound for not more than fifteen minutes. An exception to this rule is the division on a votable opposition motion on the last allotted day of a supply period, which cannot be deferred, except as provided in Standing Order 81(18)(b). Except as provided in section (7) of this Standing Order, in case of conflict this section will prevail over any other provision of the Standing Orders.

Recorded division on report stage to be deferred on a Friday.

(b) A recorded division on a non-debatable motion to concur in a bill at the report stage under Standing Order 76(9), 76.1(9) or 76.1(12) may be deferred.

Deferring division upon the agreement of Whips.

(7) Notwithstanding any other provision of the Standing Orders, at any time after a recorded division has been demanded, the Chief Government Whip, with the agreement of the Whips of all other recognized parties (and, in the case of an item of Private Members’ Business, also with the agreement of the Member sponsoring that item), may ask the Speaker to defer or further defer, as the case may be, the division to an appointed date and time. The Speaker then defers the division to that time. The bells for all such divisions sound for not more than fifteen minutes.

Deferred division after Oral Question period. Extension of sitting.

(7.1) Whenever, pursuant to a Standing or Special Order, a recorded division is deferred to the conclusion of oral questions, a period of time equal to that used for the taking of the deferred division shall be added to the time provided for Government Orders on that day. Private Members’ Business, where applicable, and the ordinary time of daily adjournment shall be delayed accordingly, notwithstanding Standing Orders 24, 30 and 38 or any Order made pursuant to Standing Order 27.

Division bells sounded only once.

(8) If, pursuant to any Standing or Special Order of the House, two or more recorded divisions are to be held successively without intervening debate, the division bells shall be sounded to call in the Members only once.


46.

Reading the question where not printed.

When the question under discussion does not appear on the Order Paper or has not been printed and distributed, any Member may require it to be read at any time of the debate, but not so as to interrupt a Member while speaking.


47.

When points of order to be raised.

Where points of order do not arise during debate or during the times provided for statements pursuant to Standing Order 31 and oral questions pursuant to Standing Order 30(5), such matters may be presented to the Speaker immediately following the ordinary daily routine of business. Points of order which arise during the said periods may be presented to the Speaker immediately after the said period provided pursuant to Standing Order 30(5).


48.

Question of privilege.

(1) Whenever any matter of privilege arises, it shall be taken into consideration immediately.

Notice required.

(2) Unless notice of motion has been given under Standing Order 54, any Member proposing to raise a question of privilege, other than one arising out of proceedings in the Chamber during the course of a sitting, shall give to the Speaker a written statement of the question at least one hour prior to raising the question in the House.


49.

Prorogation not to nullify order or address for returns.

A prorogation of the House shall not have the effect of nullifying an Order or Address of the House for returns or papers, but all papers and returns ordered at one session of the House, if not complied with during the session, shall be brought down during the following session, without renewal of the Order.

CHAPTER VII

SPECIAL DEBATES

Address in Reply to the Speech from the Throne


50.

Six days of debate.

(1) The proceedings on the Order of the Day for resuming debate on the motion for an Address in Reply to the Speech from the Throne and on any amendments proposed thereto shall not exceed six sitting days.

Time limit on speeches.

(2) No Member, except the Prime Minister and the Leader of the Opposition, shall speak for more than twenty minutes at a time in the said debate. Following the speech of each Member, a period not exceeding ten minutes shall be made available, if required, to allow Members to ask questions and comment briefly on matters relevant to the speech and to allow responses thereto. Any period of debate of twenty minutes may be divided in two pursuant to the provisions of Standing Order 43(2).

Appointed days to be announced. Precedence.

(3) Any day or days to be appointed for the consideration of the said Order shall be announced from time to time by a Minister of the Crown and on any such day or days this Order shall have precedence of all other business except the ordinary daily routine of business and Private Members’ Business.

Subamendment disposed of on second day.

(4) On the second of the said days, if a subamendment be under consideration at fifteen minutes before the end of the time provided for the Address debate, the Speaker shall interrupt the proceedings and forthwith put the question on the said subamendment.

Amendments disposed of on fourth day.

(5) On the fourth of the said days, if any amendment be under consideration at fifteen minutes before the end of the time provided for the Address debate, the Speaker shall interrupt the proceedings and forthwith put the question on any amendment or amendments then before the House.

No amendment on or after fifth day.

(6) The motion for an Address in Reply shall not be subject to amendment on or after the fifth day of the said debate.

Main motion disposed of on sixth day.

(7) On the sixth of the said days, at fifteen minutes before the end of the time provided for the Address debate, unless the said debate be previously concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion.

Standing Orders and Procedure


51.

Motion to consider the Standing Orders and procedure.

(1) Between the sixtieth and ninetieth sitting days of a Parliament on a day designated by a Minister of the Crown or on the ninetieth sitting day if no day has been designated, an Order of the Day for the consideration of a motion “That this House take note of the Standing Orders and procedure of the House and its Committees” shall be deemed to be proposed and have precedence over all other business.

Expiration of proceedings. Deemed referred to committee.

(2) Proceedings on the motion shall expire when debate thereon has been concluded or at the ordinary hour of daily adjournment on that day, as the case may be. At the expiry of the time provided for debate, the matter shall thereupon be deemed to have been permanently referred to the Standing Committee on Procedure and House Affairs.

Time limit on speeches.

(3) No Member shall speak more than once or longer than ten minutes.

Emergency Debates


52.

Leave must be requested.

(1) Leave to make a motion for the adjournment of the House for the purpose of discussing a specific and important matter requiring urgent consideration must be asked for after the ordinary daily routine of business as set out in sections (3) and (4) of Standing Order 30 is concluded.

Written statement to Speaker.

(2) A Member wishing to move, “That this House do now adjourn”, under the provisions of this Standing Order shall give to the Speaker, at least one hour prior to raising it in the House, a written statement of the matter proposed to be discussed.

Making statement.

(3) When requesting leave to propose such a motion, the Member shall rise in his or her place and present without argument the statement referred to in section (2) of this Standing Order.

Speaker’s prerogative.

(4) The Speaker shall decide, without any debate, whether or not the matter is proper to be discussed.

Speaker to take into account.

(5) In determining whether a matter should have urgent consideration, the Speaker shall have regard to the extent to which it concerns the administrative responsibilities of the government or could come within the scope of ministerial action and the Speaker also shall have regard to the probability of the matter being brought before the House within reasonable time by other means.

Conditions.

(6) The right to move the adjournment of the House for the above purposes is subject to the following conditions:

(a) the matter proposed for discussion must relate to a genuine emergency, calling for immediate and urgent consideration;

(b) not more than one matter can be discussed on the same motion;

(c) not more than one such motion can be made at the same sitting;

(d) the motion must not revive discussion on a matter which has been discussed in the same session pursuant to the provisions of this Standing Order;

(e) the motion must not raise a question of privilege; and

(f) the discussion under the motion must not raise any question which, according to the Standing Orders of the House, can only be debated on a distinct motion under notice.

Speaker not bound to give reasons.

(7) In stating whether or not the Speaker is satisfied that the matter is proper to be discussed, the Speaker is not bound to give reasons for the decision.

Reserving decision.

(8) If the Speaker so desires, he or she may defer the decision upon whether the matter is proper to be discussed until later in the sitting, when the proceedings of the House may be interrupted for the purpose of announcing his or her decision.

Motion to stand over.

(9) If the Speaker is satisfied that the matter is proper to be discussed, the motion shall stand over until the ordinary hour of daily adjournment on that day, provided that the Speaker, at his or her discretion, may direct that the motion shall be set down for consideration on the following sitting day at an hour specified by the Speaker.

Motion to be taken up at the ordinary hour of daily adjournment.

(10) Notwithstanding any Standing or Special Order, when a request to make such a motion has been made on any day, except Friday, and the Speaker directs that it be considered the same day, the motion shall be taken up at the ordinary hour of daily adjournment.

When moved on Friday.

(11) When a request to make such a motion has been made on any Friday, and the Speaker directs that it be considered the same day, it shall be considered forthwith.

Time limit on debate.

(12) The proceedings on any motion being considered, pursuant to sections (9) or (11) of this Standing Order, may continue beyond the ordinary hour of daily adjournment but, when debate thereon is concluded prior to that hour in any sitting, it shall be deemed withdrawn. Subject to any motion adopted pursuant to Standing Order 26(2), at 12:00 midnight on any sitting day except Friday, and at 4:00 p.m. on Friday, the Speaker shall declare the motion carried and forthwith adjourn the House until the next sitting day. In any other case, the Speaker, when satisfied that the debate has been concluded, shall declare the motion carried and forthwith adjourn the House until the next sitting day.

Time limit on speeches. Period of debate divided in two.

(13) No Member shall speak longer than twenty minutes during debate on any such motion, provided that a Member may indicate to the Speaker that he or she will be dividing his or her time with another Member.

Debate not to be interrupted by Private Members’ Business.

(14) Debate on any such motion shall not be interrupted by “Private Members’ Business.”

Debate to take precedence. Exception.

(15) The provisions of this Standing Order shall not be suspended by the operation of any other Standing Order relating to the hours of sitting or in respect of the consideration of any other business; provided that, in cases of conflict, the Speaker shall determine when such other business shall be considered or disposed of and the Speaker shall make any consequential interpretation of any Standing Order that may be necessary in relation thereto.

Suspension of Certain Standing Orders — Matter of Urgent Nature


53.

Motion by Minister.

(1) In relation to any matter that the government considers to be of an urgent nature, a Minister of the Crown may, at any time when the Speaker is in the Chair, propose a motion to suspend any Standing or other Order of this House relating to the need for notice and to the hours and days of sitting.

Question proposed to the House.

(2) After the Minister has stated reasons for the urgency of such a motion, the Speaker shall propose the question to the House.

Proceedings subject to conditions.

(3) Proceedings on any such motion shall be subject to the following conditions:

(a) the Speaker may permit debate thereon for a period not exceeding one hour;

(b) the motion shall not be subject to amendment except by a Minister of the Crown;

(c) no Member may speak more than once nor longer than ten minutes; and

(d) proceedings on any such motion shall not be interrupted or adjourned by any other proceeding or by the operation of any other Order of this House.

Objection by ten or more Members.

(4) When the Speaker puts the question on any such motion, he or she shall ask those who object to rise in their places. If ten or more Members then rise, the motion shall be deemed to have been withdrawn; otherwise, the motion shall have been adopted.

Restricted application.

(5) The operation of any Order made under the provisions of this Standing Order shall not extend to any proceeding not therein specified.

Take-note Debates


53.1

Motion by Minister decided without debate or amendment.

(1) A Minister of the Crown, following consultation with the House Leaders of the other parties, may propose a motion at any time, to be decided without debate or amendment, setting out the subject-matter and designating a day on which a take-note debate shall take place, provided that the motion may not be proposed less than forty-eight hours before the said debate is to begin.

Debate to begin at the ordinary hour of daily adjournment.

(2) A take-note debate ordered by the House pursuant to section (1) of this Standing Order shall begin at the ordinary hour of daily adjournment and any proceedings pursuant to Standing Order 38 shall be suspended on that day.

Rules for take-note debate.

(3) The rules to apply to a debate under the present Standing Order shall be those applied during a Committee of the Whole except that:

(a) the Speaker may preside;

(b) no Member may speak for longer than ten minutes and each speech may be followed by a period of not more than ten minutes for questions and comments;

(c) the Speaker shall not accept any motions except a motion “That the Committee do now rise”;

(d) when no Member rises to speak or after four hours of debate, whichever is earlier, the Committee shall rise; and

(e) when the Committee rises, the House shall immediately adjourn to the next sitting day.

CHAPTER VIII

MOTIONS


54.

When notice required.

(1) Forty-eight hours’ notice shall be given of a motion for leave to present a bill, resolution or address, for the appointment of any committee, for placing a question on the Order Paper or for the consideration of any notice of motion made pursuant to Standing Order 124; but this rule shall not apply to bills after their introduction, or to private bills, or to the times of meeting or adjournment of the House. Such notice shall be laid on the Table, or filed with the Clerk, before 6:00 p.m. (2:00 p.m. on a Friday) and be printed in the Notice Paper of that day, except as provided in section (2) of this Standing Order. Any notice filed with the Clerk pursuant to this Standing Order shall thereupon be deemed to have been laid on the Table in that sitting.

Notice during adjournment periods.

(2) On any sitting day on which the House adjourns pursuant to Standing Order 28(2), the time specified pursuant to section (1) of this Standing Order for the filing with the Clerk of any notice shall not apply. Any such notice may be filed with the Clerk no later than 6.00 p.m. on the Thursday before the next sitting of the House and shall be printed in the Notice Paper to be published for that sitting.


55.

Notice of business during prorogation or adjournment. Special Order Paper.

(1) In the period prior to the first session of a Parliament, during a prorogation or when the House stands adjourned, and the government has represented to the Speaker that any government measure or measures should have immediate consideration by the House, the Speaker shall cause a notice of any such measure or measures to be published on a special Order Paper and the same shall be circulated prior to the opening or the resumption of such session. The publication and circulation of such notice shall meet the requirements of Standing Order 54.

When Speaker unable to act.

(2) In the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker shall act in his or her stead for the purposes of this order. In the unavoidable absence of the Speaker and the Deputy Speaker or when the Office of Speaker is vacant, the Clerk of the House shall have the authority to act for the purposes of this Standing Order.


56.

Government notices of motions.

(1) After notice pursuant to Standing Order 54, a government notice of motion shall be put on the Order Paper as an order of the day under Government Orders.

Motion to go into Committee of the Whole decided without debate.

(2) Proposed motions under Government Orders for the House to go into a Committee of the Whole at the next sitting of the House when put from the Chair shall be decided without debate or amendment.


56.1

When unanimous consent denied, routine motion by Minister.

(1)(a) In relation to any routine motion for the presentation of which unanimous consent is required and has been denied, a Minister of the Crown may request during Routine Proceedings that the Speaker propose the said question to the House.

(b) For the purposes of this Standing Order, “routine motion” shall be understood to mean any motion, made upon Routine Proceedings, which may be required for the observance of the proprieties of the House, the maintenance of its authority, the management of its business, the arrangement of its proceedings, the establishing of the powers of its committees, the correctness of its records or the fixing of its sitting days or the times of its meeting or adjournment.

Question put forthwith.

(2) The question on any such motion shall be put forthwith, without debate or amendment.

Objection by twenty-five or more Members.

(3) When the Speaker puts the question on such a motion, he or she shall ask those who object to rise in their places. If twenty-five or more Members then rise, the motion shall be deemed to have been withdrawn; otherwise, the motion shall have been adopted.


56.2

Motion concerning committee travel. Question put during Routine Proceedings.

(1) In relation to any routine motion concerning the power of committees to adjourn from place to place placed on notice by a Minister of the Crown, the question on the motion shall be put forthwith at the expiry of the notice period, without debate or amendment, during Routine Proceedings.

Objection by ten or more Members.

(2) When the Speaker puts the question on such a motion, he or she shall ask those who object to rise in their places. If ten or more Members then rise, the motion shall be deemed to have been withdrawn; otherwise, the motion shall have been adopted.


57.

Closure. Notice required. Time limit on speeches. All questions put at 8 p.m.

Immediately before the Order of the Day for resuming an adjourned debate is called, or if the House be in Committee of the Whole, any Minister of the Crown who, standing in his or her place, shall have given notice at a previous sitting of his or her intention so to do, may move that the debate shall not be further adjourned, or that the further consideration of any resolution or resolutions, clause or clauses, section or sections, preamble or preambles, title or titles, shall be the first business of the Committee, and shall not further be postponed; and in either case such question shall be decided without debate or amendment; and if the same shall be resolved in the affirmative, no Member shall thereafter speak more than once, or longer than twenty minutes in any such adjourned debate; or, if in Committee, on any such resolution, clause, section, preamble or title; and if such adjourned debate or postponed consideration shall not have been resumed or concluded before 8:00 p.m., no Member shall rise to speak after that hour, but all such questions as must be decided in order to conclude such adjourned debate or postponed consideration, shall be decided forthwith.


58.

Privileged motions.

When a question is under debate, no motion is received unless to amend it; to postpone it to a day certain; for the previous question; for reading the Orders of the Day; for proceeding to another order; to adjourn the debate; to continue or extend a sitting of the House; or for the adjournment of the House.


59.

Motion to read Orders of the Day.

A motion for reading the Orders of the Day shall have preference to any motion before the House.


60.

Motion to adjourn.

A motion to adjourn, unless otherwise prohibited in these Standing Orders, shall always be in order, but no second motion to the same effect shall be made until some intermediate proceeding has taken place.


61.

The previous question.

(1) The previous question, until it is decided, shall preclude all amendment of the main question, and shall be in the following words, “That this question be now put.”

Original question to be put.

(2) If the previous question be resolved in the affirmative, the original question is to be put forthwith without any amendment or debate.


62.

Motion that Member “be now heard”.

When two or more Members rise to speak, the Speaker calls upon the Member who first rose in his or her place; but a motion may be made that any Member who has risen “be now heard”, or “do now speak”, which motion shall be forthwith put without debate.


63.

Motion to refer a question to committee.

A motion to refer a bill, resolution or any question to any standing, special or legislative committee or to a Committee of the Whole, shall preclude all amendment of the main question.


64.

Unanimous consent required to withdraw motion.

A Member who has made a motion may withdraw the same only by the unanimous consent of the House.


65.

Motions to be in writing and seconded. Read in both languages.

All motions shall be in writing, and seconded, before being debated or put from the Chair. When a motion is seconded, it shall be read in English and in French by the Speaker, if he or she be familiar with both languages; if not, the Speaker shall read the motion in one language and direct the Clerk of the Table to read it in the other, before debate.


66.

When transferred to Government Orders.

(1) When a debate on any motion, except a motion for the concurrence in a report of a standing or special committee, made after the start of the sitting (after 2:00 p.m. on Mondays and after 11:00 a.m. on Fridays) and prior to the reading of an Order of the Day is adjourned or interrupted, the order for resumption of the debate shall be transferred to and considered under Government Orders.

Debate on concurrence in a committee report.

(2) A motion for the concurrence in a report from a standing or special committee shall receive not more than three hours of consideration, after which time, unless previously disposed of, the Speaker shall interrupt and put all questions necessary to dispose of the motion without further debate or amendment, provided that, if debate is adjourned or interrupted:

(a) the motion shall again be considered on a day designated by the government after consultation with the House Leaders of the other parties, but in any case not later than the tenth sitting day after the interruption;

(b) debate on the motion shall be resumed at the ordinary hour of daily adjournment on the day designated pursuant to paragraph (a) of this section and shall not be further interrupted or adjourned; and

(c) when no Member rises to speak or after three hours of debate, whichever is earlier, the Speaker shall put all questions necessary to dispose of the motion, provided that, if a recorded division is requested on the motion considered on a day designated pursuant to paragraph (a) of this Standing Order, it shall stand deferred to an appointed time on the next Wednesday, no later than the expiry of the time provided for Government Orders on that day.

(3) Not more than one motion for the concurrence in a report from a standing or special committee may be moved on any sitting day.


67.

Debatable motions.

(1) The following motions are debatable:

Every motion:

(a) standing on the order of proceedings for the day, except as otherwise provided in these Standing Orders;

(b) for the concurrence in a report of a standing or special committee;

(c) for the previous question;

(d) for the second reading and reference of a bill to a standing, special or legislative committee or to a Committee of the Whole House;

(e) for the consideration of any amendment to be proposed at the report stage of any bill reported from any standing, special or legislative committee;

(f) for the third reading and passage of a bill;

(g) for the consideration of Senate amendments to House of Commons bills;

(h) for a conference with the Senate;

(i) for the adjournment of the House when made for the purpose of discussing a specific and important matter requiring urgent consideration;

(j) for the consideration of a Ways and Means Order (Budget);

(k) for the consideration of any motion under the order for the consideration of the Business of Supply;

(l) for the adoption in Committee of the Whole of the motion, clause, section, preamble or title under consideration;

(m) for the appointment of a committee;

(n) for reference to a committee of any report or return laid on the Table of the House;

(o) for the suspension of any Standing Order unless otherwise provided; and

(p) such other motion, made upon Routine Proceedings, as may be required for the observance of the proprieties of the House, the maintenance of its authority, the appointment or conduct of its officers, the management of its business, the arrangement of its proceedings, the correctness of its records, the fixing of its sitting days or the times of its meeting or adjournment.

Motions not debatable.

(2) All other motions, unless otherwise provided in these Standing Orders, shall be decided without debate or amendment.


67.1

Questions on motion for closure or time allocation.

(1)(a) When a motion has been proposed pursuant to Standing Order 57 or 78(3), there shall be a period of not more than thirty minutes during which time Members may put brief questions to the Minister responsible for the item which has been subject to the motion pursuant to Standing Order 57 or 78(3), or to the Minister acting on behalf of the Minister sponsoring the item, and the said Minister may make a corresponding reply.

(b) At the conclusion of the period provided pursuant to paragraph (a) of this Standing Order, the Speaker shall put the question on the motion moved pursuant to Standing Order 57 or 78(3), as the case may be.

Extension of sitting.

(2) If a motion pursuant to this section regarding any bill is moved and carried at the beginning of Government Orders on any day and if the order for the said bill is then called and debated for the remainder of the sitting day, the length of that debate shall be deemed to be one sitting day provided that a period of time equal to the time taken for the proceedings pursuant to paragraph (1) of this section shall be added to the time provided for Government Orders in the afternoon of the day on which the said proceedings took place. Private Members’ Business, where applicable, and the ordinary time of daily adjournment shall be delayed accordingly, notwithstanding Standing Orders 24, 30 and 38 or any Order made pursuant to Standing Order 27.

CHAPTER IX

PUBLIC BILLS

Introduction and Readings


68.

Motion for introduction of bills.

(1) Every bill is introduced upon motion for leave, specifying the title of the bill; or upon motion to appoint a committee to prepare and bring it in.

Brief explanation permitted.

(2) A motion for leave to introduce a bill shall be deemed carried, without debate, amendment or question put, provided that any Member moving for such leave may be permitted to give a succinct explanation of the provisions of the said bill.

Imperfect or blank bills.

(3) No bill may be introduced either in blank or in an imperfect shape.

Motion by a Minister to prepare and bring in a bill.

(4) A motion by a Minister of the Crown to appoint or instruct a standing, special or legislative committee to prepare and bring in a bill, pursuant to section (1) of this Standing Order, shall be considered under Government Orders. During debate on any such motion no Member shall be permitted to speak more than once or for more than ten minutes. After not more than ninety minutes debate on any such motion, the Speaker shall interrupt debate and put all questions necessary to dispose of the motion without further debate or amendment. A motion by a Minister of the Crown to concur in the report of a committee pursuant to this section shall also be taken up under Government Orders and shall, for the purposes of Standing Order 78, be considered to be a stage of a public bill.

Committee’s report.

(5) A committee appointed or instructed to prepare and bring in a bill shall, in its report, recommend the principles, scope and general provisions of the said bill and may, if it deems it appropriate, but not necessarily, include recommendations regarding legislative wording.

Order to bring in a bill.

(6) The adoption of a motion to concur in a report made pursuant to section (5) of this Standing Order shall be an order to bring in a bill based thereon.

Second reading stage of the bill. Minister’s motion.

(7) When a Minister of the Crown, in proposing a motion for first reading of a bill, has stated that the bill is in response to an order made pursuant to section (6) of this Standing Order, notwithstanding any Standing Order, the bill shall not be set down for consideration at the second reading stage before the third sitting day after having been read a first time. The second reading and any subsequent stages of such a bill shall be considered under Government Orders. When a motion for second reading of such a bill is proposed, notwithstanding any Standing Order, the Speaker shall immediately put all questions necessary to dispose of the second reading stage of the bill without debate or amendment.


69.

Motion for first reading and printing.

(1) When any bill is presented by a Member, in pursuance of an Order of the House, the question “That this bill be now read a first time and be printed” shall be deemed carried, without debate, amendment or question put.

First reading of Senate public bills.

(2) When any bill is brought from the Senate, the question “That this bill be read a first time” shall be deemed carried, without debate, amendment or question put.


69.1

Omnibus bills.

(1) 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.

Budget implementation bills.

(2) The present Standing Order shall not apply if the 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.


70.

Printed in English and French before second reading.

All bills shall be printed before the second reading in the English and French languages.


71.

Three separate readings. Urgent cases.

Every bill shall receive three several readings, on different days, previously to being passed. On urgent or extraordinary occasions, a bill may be read twice or thrice, or advanced two or more stages in one day.


72.

Clerk certifies readings.

When a bill is read in the House, the Clerk shall certify upon it the readings and the time thereof. After it has passed, the Clerk shall certify the same, with the date, at the foot of the bill.


73.

Motion to refer a government bill to a committee before second reading.

(1) Immediately after the reading of the Order of the Day for the second reading of any government bill, a Minister of the Crown may, after notifying representatives of the opposition parties, propose a motion that the said bill be forthwith referred to a standing, special or legislative committee. The Speaker shall immediately propose the question to the House and proceedings thereon shall be subject to the following conditions:

(a) the Speaker shall recognize for debate a Member from the party forming the government, followed by a Member from the party forming the Official Opposition, followed by a Member from each officially recognized party in the House, in order of the number of Members in that party, provided that, if no Member from the party whose turn has been reached rises, a Member of the next party in the rotation or a Member who is not a Member of an officially recognized party may be recognized;

(b) the motion shall not be subject to any amendment;

(c) no Member may speak more than once nor longer than ten minutes; and

(d) after not more than five hours of debate, the Speaker shall interrupt the debate and the question shall be put and decided without further debate.

Referral before amendment.

(2) Every public bill, except for bills referred to a committee before being read a second time pursuant to section (1) of this Standing Order, shall be read twice and referred to a committee before any amendment may be made thereto.

Referral to a committee.

(3) Unless otherwise ordered and except for bills referred to a committee before being read a second time pursuant to section (1) of this Standing Order, in giving a bill second reading, the same shall be referred to a standing, special or legislative committee.

Supply bills.

(4) Any bill based on a Supply motion shall, after second reading, stand referred to a Committee of the Whole.


74.

Time limit on speeches during second or third reading of a government bill.

(1) When second reading or third reading of a government bill is being considered, no Member except the Prime Minister and the Leader of the Opposition shall speak for more than:

(a) twenty minutes if the Member is the first to speak on behalf of a recognized party in the first round of speeches;

(b) twenty minutes following the first round of speeches, if that Member begins to speak within the next five hours of consideration; and

(c) ten minutes if a Member speaks thereafter.

Period of debate divided in two.

(2)(a) The Whip of a party may indicate to the Speaker at any time during a debate governed by this Standing Order that one or more of the periods of debate limited pursuant to paragraph (1)(b) of this Standing Order, and allotted to Members of his or her party, are to be divided in two.

(b) Any Member rising to speak during a debate governed by paragraph (1)(b) of this Standing Order, may indicate to the Speaker that he or she will be dividing his or her time with another Member.

Consideration by Committee


75.

Proceedings on bills in any committee.

(1) In proceedings in any committee of the House upon bills, the preamble is first postponed, and if the first clause contains only a short title it is also postponed; then every other clause is considered by the committee in its proper order; the first clause (if it contains only a short title), the preamble and the title are to be last considered.

Proceedings reported.

(2) All amendments made in any committee shall be reported to the House. Every bill reported from any committee, whether amended or not, shall be received by the House on report thereof.

Report Stage at Second Reading


76.

Not before third sitting day.

(1) The report stage of any bill reported by any standing, special or legislative committee before the bill has been read a second time shall not be taken into consideration prior to the third sitting day following the presentation of the said report, unless otherwise ordered by the House.

Notice to amend.

(2) If, not later than the second sitting day prior to the consideration of the report stage of a bill that has not yet been read a second time, written notice is given of any motion to amend, delete, insert or restore any clause in a bill, it shall be printed on the Notice Paper. When the same amendment is put on notice by more than one Member, that notice shall be printed once, under the name of each Member who has submitted it. If the Speaker decides that an amendment is out of order, it shall be returned to the Member without having appeared on the Notice Paper.

Recommendation of Governor General.

(3) When a recommendation of the Governor General is required in relation to any amendment of which notice has been given pursuant to section (2) of this Standing Order, notice shall be given of the said Recommendation no later than the sitting day before the day on which the report stage is to commence and such notice shall be printed on the Notice Paper along with the amendment to which it pertains.

Amendment as to form only.

(4) An amendment, in relation to form only in a government bill, may be proposed by a Minister of the Crown without notice, but debate thereon may not be extended to the provisions of the clause or clauses to be amended.

NOTE: The purpose of this section is to facilitate the incorporation into a bill of amendments of a strictly consequential nature flowing from the acceptance of other amendments. No waiver of notice would be permitted in relation to any amendment which would change the intent of the bill, no matter how slightly, beyond the effect of the initial amendment.

Speaker’s power to select amendments.

(5) The Speaker shall have the power to select or combine amendments or clauses to be proposed at the report stage and may, if he or she thinks fit, call upon any Member who has given notice of an amendment to give such explanation of the subject of the amendment as may enable the Speaker to form a judgement upon it. If an amendment has been selected that has been submitted by more than one Member, the Speaker, after consultation, shall designate which Member shall propose it.

NOTE: The Speaker will not normally select for consideration any motion previously ruled out of order in committee, unless the reason for its being ruled out of order was that it required a recommendation of the Governor General, in which case the amendment may be selected only if such Recommendation has been placed on notice pursuant to this Standing Order. The Speaker will normally only select motions that were not or could not be presented in committee. A motion, previously defeated in committee, will only be selected if the Speaker judges it to be of such exceptional significance as to warrant a further consideration at the report stage. The Speaker will not normally select for separate debate a repetitive series of motions which are interrelated and, in making the selection, shall consider whether individual Members will be able to express their concerns during the debate on another motion.

For greater certainty, the purpose of this Standing Order is, primarily, to provide Members who were not members of the committee with an opportunity to have the House consider specific amendments they wish to propose. It is not meant to be a reconsideration of the committee stage.

For greater clarity, the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage and, in exercising this power of selection, the Speaker shall be guided by the practice followed in the House of Commons of the United Kingdom.

Debate on the amendments.

(6) When the Order of the Day for the consideration of a report stage is called, any amendment proposed pursuant to this Standing Order shall be open to debate and amendment.

Limits on speeches.

(7) When debate is permitted, the first Member from each of the recognized parties speaking during proceedings on the first amendment proposed at report stage may speak for not more than twenty minutes, and no other Member shall speak more than once or longer than ten minutes during proceedings on any amendment at that stage.

Division deferred.

(8) When a recorded division has been demanded on any amendment proposed during the report stage of a bill, the Speaker may defer the calling in of the Members for the purpose of recording the “yeas” and “nays” until more or all subsequent amendments to the bill have been considered. A recorded division or divisions may be so deferred from sitting to sitting.

NOTE: In cases when there are an unusually great number of amendments for consideration at the report stage, the Speaker may, after consultation with the representatives of the parties, direct that deferred divisions be held before all amendments have been taken into consideration.

Motion when report stage concluded.

(9) When proceedings at the report stage on any bill that has not been read a second time have been concluded, a motion “That the bill, as amended, be concurred in and be read a second time” or “That the bill be concurred in and read a second time” shall be put and forthwith disposed of, without amendment or debate.

Third reading.

(10) The report stage of a bill pursuant to this Standing Order shall be deemed to be an integral part of the second reading stage of the bill. When a bill has been concurred in and read a second time in accordance with the procedures set forth in this Standing Order, it shall be set down for a third reading and passage at the next sitting of the House.

Report Stage after Second Reading


76.1

Not before second sitting day.

(1) The report stage of any bill reported by any standing, special or legislative committee after the bill has been read a second time shall not be taken into consideration prior to the second sitting day following the presentation of the said report, unless otherwise ordered by the House.

Notice to amend.

(2) If, not later than the sitting day prior to the consideration of the report stage of a bill that has been read a second time, written notice is given of any motion to amend, delete, insert or restore any clause in a bill, it shall be printed on the Notice Paper. When the same amendment is put on notice by more than one Member, that notice shall be printed once, under the name of each Member who has submitted it. If the Speaker decides that an amendment is out of order, it shall be returned to the Member without having appeared on the Notice Paper.

Recommendation of Governor General.

(3) When a recommendation of the Governor General is required in relation to any amendment to be proposed at the report stage of a bill that has been read a second time, at least twenty-four hours’ written notice shall be given of the said Recommendation and proposed amendment.

Amendment as to form only.

(4) An amendment, in relation to form only in a government bill, may be proposed by a Minister of the Crown without notice, but debate thereon may not be extended to the provisions of the clause or clauses to be amended.

NOTE: The purpose of the section is to facilitate the incorporation into a bill of amendments of a strictly consequential nature flowing from the acceptance of other amendments. No waiver of notice would be permitted in relation to any amendment which would change the intent of the bill, no matter how slightly, beyond the effect of the initial amendment.

Speaker’s power to select amendments.

(5) The Speaker shall have power to select or combine amendments or clauses to be proposed at the report stage and may, if he or she thinks fit, call upon any Member who has given notice of an amendment to give such explanation of the subject of the amendment as may enable the Speaker to form a judgement upon it. If an amendment has been selected that has been submitted by more than one Member, the Speaker, after consultation, shall designate which Member shall propose it.

NOTE: The Speaker will not normally select for consideration by the House any motion previously ruled out of order in committee and will normally only select motions which were not or could not be presented in committee. A motion, previously defeated in committee, will only be selected if the Speaker judges it to be of such exceptional significance as to warrant a further consideration at the report stage. The Speaker will not normally select for separate debate a repetitive series of motions which are interrelated and, in making the selection, shall consider whether individual Members will be able to express their concerns during the debate on another motion.

For greater certainty, the purpose of this Standing Order is, primarily, to provide Members who were not members of the committee, with an opportunity to have the House consider specific amendments they wish to propose. It is not meant to be a reconsideration of the committee stage of a bill.

For greater clarity, the Speaker will not select for debate a motion or series of motions of a repetitive, frivolous or vexatious nature or of a nature that would serve merely to prolong unnecessarily proceedings at the report stage and, in exercising this power of selection, the Speaker shall be guided by the practice followed in the House of Commons of the United Kingdom.

Debate on the amendments.

(6) When the Order of the Day for the consideration of a report stage is called, any amendment of which notice has been given in accordance with this Standing Order shall be open to debate and amendment.

Limits on speeches.

(7) When debate is permitted, no Member shall speak more than once or longer than ten minutes during proceedings on any amendment at that stage.

Division deferred.

(8) When a recorded division has been demanded on any amendment proposed during the report stage of a bill, the Speaker may defer the calling in of the Members for the purpose of recording the “yeas” and “nays” until more or all subsequent amendments to the bill have been considered. A recorded division or divisions may be so deferred from sitting to sitting.

NOTE: In cases when there are an unusually great number of amendments for consideration at the report stage, the Speaker may, after consultation with the representatives of the parties, direct that deferred divisions be held before all amendments have been taken into consideration.

Motion when report stage concluded.

(9) When proceedings at the report stage on any bill that has been read a second time have been concluded, a motion “That the bill, as amended, be concurred in” or “That the bill be concurred in” shall be put and forthwith disposed of, without amendment or debate.

Third reading after debate or amendment.

(10) When a bill that has been read a second time has been amended or debate has taken place thereon at the report stage, the same shall be set down for a third reading and passage at the next sitting of the House.

Third reading when no amendment or after Committee of the Whole.

(11) When a bill that has been read a second time has been reported from a standing, special or legislative committee, and no amendment has been proposed thereto at the report stage, and in the case of a bill reported from a Committee of the Whole, with or without amendment, a motion, “That the bill be now read a third time and passed”, may be made in the same sitting.

Report stage of bill from a Committee of the Whole.

(12) The consideration of the report stage of a bill from a Committee of the Whole shall be received and forthwith disposed of, without amendment or debate.

Senate Amendments


77.

Written notice of motion.

(1) Twenty-four hours’ written notice shall be given by a Member proposing any motion respecting Senate amendments to a bill.

When Senate and House disagree.

(2) In cases in which the Senate disagrees to any amendments made by the House of Commons, or insists upon any amendments to which the House has disagreed, the House is willing to receive the reasons of the Senate for their disagreeing or insisting (as the case may be) by message, without a conference, unless at any time the Senate should desire to communicate the same at a conference.

Conference.

(3) Any conference between the two Houses may be a free conference.

Reasons for conference.

(4) When the House requests a conference with the Senate, the reasons to be given by this House at the same shall be prepared and agreed to by the House before a message be sent therewith.

Time Allocation


78.

Agreement to allot time.

(1) When a Minister of the Crown, from his or her place in the House, states that there is agreement among the representatives of all parties to allot a specified number of days or hours to the proceedings at one or more stages of any public bill, the Minister may propose a motion, without notice, setting forth the terms of such agreed allocation; and every such motion shall be decided forthwith, without debate or amendment.

Qualified agreement to allot time.

(2)(a) When a Minister of the Crown, from his or her place in the House, states that a majority of the representatives of the several parties have come to an agreement in respect of a proposed allotment of days or hours for the proceedings at any stage of the passing of a public bill, the Minister may propose a motion, without notice, during proceedings under Government Orders, setting forth the terms of the said proposed allocation; provided that for the purposes of this section of this Standing Order an allocation may be proposed in one motion to cover the proceedings at both the report and the third reading stages of a bill if that motion is consistent with the provisions of Standing Order 76.1(10). The motion shall not be subject to debate or amendment, and the Speaker shall put the question on the said motion forthwith. Any proceeding interrupted pursuant to this section of this Standing Order shall be deemed adjourned.

(b) If a motion pursuant to this section regarding any bill is moved and carried at the beginning of Government Orders on any day and if the order for the said bill is then called and debated for the remainder of the sitting day, the length of that debate shall be deemed to be one sitting day for the purposes of paragraph (a) of this section.

Procedure in other cases to allot time.

(3)(a) A Minister of the Crown who from his or her place in the House, at a previous sitting, has stated that an agreement could not be reached under the provisions of sections (1) or (2) of this Standing Order in respect of proceedings at the stage at which a public bill was then under consideration either in the House or in any committee, and has given notice of his or her intention so to do, may propose a motion during proceedings under Government Orders, for the purpose of allotting a specified number of days or hours for the consideration and disposal of proceedings at that stage; provided that the time allotted for any stage is not to be less than one sitting day and provided that for the purposes of this paragraph an allocation may be proposed in one motion to cover the proceedings at both the report and the third reading stages on a bill if that motion is consistent with the provisions of Standing Order 76.1(10). The motion shall not be subject to debate or amendment, and the Speaker shall put the question on the said motion forthwith. Any proceedings interrupted pursuant to this section of this Standing Order shall be deemed adjourned.

(b) If a motion pursuant to this section regarding any bill is moved and carried at the beginning of Government Orders on any day and if the order for the said bill is then called and debated for the remainder of the sitting day, the length of that debate shall be deemed to be one sitting day for the purposes of paragraph (a) of this section.

CHAPTER X

FINANCIAL PROCEDURES

Recommendation


79.

Recommendation of Governor General.

(1) This House shall not adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by a message from the Governor General in the session in which such vote, resolution, address or bill is proposed.

Recommendation to be printed.

(2) The message and recommendation of the Governor General in relation to any bill for the appropriation of any part of the public revenue or of any tax or impost shall be printed on the Notice Paper, printed in or annexed to the bill and recorded in the Journals.

Message on Estimates.

(3) When estimates are brought in, the message from the Governor General shall be presented to and read by the Speaker in the House.

Right of the House


80.

Commons alone grant aids and supplies.

(1) All aids and supplies granted to the Sovereign by the Parliament of Canada are the sole gift of the House of Commons, and all bills for granting such aids and supplies ought to begin with the House, as it is the undoubted right of the House to direct, limit, and appoint in all such bills, the ends, purposes, considerations, conditions, limitations and qualifications of such grants, which are not alterable by the Senate.

Pecuniary penalties in Senate bills.

(2) In order to expedite the business of Parliament, the House will not insist on the privilege claimed and exercised by them of laying aside bills sent from the Senate because they impose pecuniary penalties nor of laying aside amendments made by the Senate because they introduce into or alter pecuniary penalties in bills sent to them by this House; provided that all such penalties thereby imposed are only to punish or prevent crimes and offences, and do not tend to lay a burden on the subject, either as aid or supply to the Sovereign, or for any general or special purposes, by rates, tolls, assessments or otherwise.

Supply


81.

Shaded portions are provisional for the duration of the 42nd Parliament.

Order for Supply.

(1) At the commencement of each session, the House shall designate, by motion, a continuing Order of the Day for the consideration of the Business of Supply.

Business of Supply takes precedence over government business.

(2) On any day or days appointed for the consideration of any business under the provisions of this Standing Order, that order of business shall have precedence over all other government business in such sitting or sittings.

Business of Supply defined.

(3) For the purposes of this Order, the Business of Supply shall consist of motions to concur in interim estimates, main estimates and supplementary or final estimates; motions to restore or reinstate any item in the estimates; motions to introduce or pass at all stages any bill or bills based thereon; and opposition motions that under this order may be considered on allotted days.

Main estimates referred to and reported by standing committees.

(4) The main estimates to cover a given fiscal year for every department of government shall be deemed referred to standing committees on or before April 16 of that fiscal year. Each such committee shall consider and shall report, or shall be deemed to have reported, the same back to the House not later than June 10 of that fiscal year, provided that:

Consideration in Committee of the Whole.

(a) not later than May 8, the Leader of the Opposition, in consultation with the leaders of the other opposition parties, may give notice during the time specified in Standing Order 54 of a motion to refer consideration of the main estimates of no more than two named departments or agencies to committees of the whole, and the said motion shall be deemed adopted and the said estimates shall be deemed withdrawn from the standing committee to which they were referred. Notwithstanding the provisions of Standing Orders 28(2) or 38(5), on any day appointed for the consideration of any business under the provisions of this section, but in any case not later than June 10, consideration of the main estimates of the said department or agency shall be taken up by a Committee of the Whole House at the conclusion of the adjournment proceedings or, if taken up on a Friday, at the conclusion of Private Members’ Business, for a period of time not exceeding four hours. During the time provided for consideration of estimates pursuant to this paragraph, no Member shall be recognized for more than fifteen minutes at a time and the Member shall not speak in debate for more than ten minutes during that period. The fifteen minutes may be used both for debate and for posing questions to the Minister of the Crown or a Parliamentary Secretary acting on behalf of the Minister. When the Member is recognised he or she shall indicate how the fifteen minutes is to be apportioned. At the conclusion of the time provided for the consideration of the business pursuant to this section, the Committee shall rise, the estimates shall be deemed reported and the House shall immediately adjourn to the next sitting day;

Extension of consideration by a committee.

(b) not later than the third sitting day prior to June 10, the Leader of the Opposition may give notice during the time specified in Standing Order 54 of a motion to extend consideration of the main estimates of a named department or agency and the said motion shall be deemed adopted when called on “Motions” on the last sitting day prior to June 10;

Report by the committee.

(c) on the third sitting day preceding the final allotted day, at not later than the ordinary hour of daily adjournment, the said committee shall report, or shall be deemed to have reported, the main estimates for the said department or agency; and

Reverting to “Presenting Reports from Committees”.

(d) if the committee shall make a report pursuant to paragraph (b) of this section, the Chair or a member of the committee acting for the Chair may so indicate, on a point of order, prior to the hours indicated in paragraph (c) of this section, and the House shall immediately revert to “Presenting Reports from Committees” for the purpose of receiving the said report.

Supplementary estimates referred to and reported by standing committees.

(5) Supplementary estimates shall be deemed referred to a standing committee or committees immediately after they are presented in the House. Each such committee shall consider and shall report, or shall be deemed to have reported, the same back to the House not later than three sitting days before the final sitting or the last allotted day in the current period.

Interim estimates referred to and reported by standing committees.

(6) Interim estimates shall be deemed referred to a standing committee or committees immediately after they are presented in the House. Each such committee shall consider and shall report, or shall be deemed to have reported, the same back to the House not later than three sitting days before the final sitting or the last allotted day in the period ending not later than March 26.

Future expenditure plans and priorities.

(7) When main estimates are referred to a standing committee, the committee shall also be empowered to consider and report upon the expenditure plans and priorities in future fiscal years of the departments and agencies whose main estimates are before it. Any report on plans and priorities of a department or agency shall be deemed referred to the appropriate standing committee immediately after it is laid upon the Table.

Presentation of report.

(8) Any report made in accordance with section (7) of this Standing Order may be made up to and including the last normal sitting day in June, as set forth in Standing Order 28(2), and shall be deemed to be subject to the provisions of section (9) of this Standing Order.

Motion to concur in a report.

(9) There shall be no debate on any motion to concur in the report of any standing committee on estimates which have been referred to it except on an allotted day.

Supply periods. Allotted days.

(10)(a) In any calendar year, seven sitting days shall be allotted to the Business of Supply for the period ending not later than December 10; seven additional days shall be allotted to the Business of Supply in the period ending not later than March 26; and eight additional days shall be allotted to the Business of Supply in the period ending not later than June 23; provided that the number of sitting days so allotted may be altered pursuant to paragraph (b) or (c) of this section. These twenty-two days are to be designated as allotted days. In any calendar year, no more than one fifth of all the allotted days shall fall on a Wednesday and no more than one fifth thereof shall fall on a Friday.

(b) Notwithstanding paragraph (a), if the House does not sit on days designated as sitting days pursuant to Standing Order 28(2), the total number of allotted days in that supply period shall be reduced by a number of days proportionate to the number of sitting days on which the House stood adjourned, provided that the number of days of the said reduction shall be determined by the Speaker and announced from the Chair.

(c) Notwithstanding paragraph (a), if the House sits, for purposes other than those set out in Standing Order 28(4), on days designated as days on which the House shall stand adjourned pursuant to Standing Order 28(2), the total number of allotted days in that supply period shall be increased by one day for every five such days during which the House sits.

Unused days added to allotted days.

(11) When any day or days allotted to the Address Debate or to the Budget Debate are not used for those debates, such day or days may be added to the number of allotted days in the period in which they occur.

Final supplementary estimates after close of fiscal year.

(12) When concurrence in any final supplementary estimates relating to the fiscal year that ended on March 31 is sought in the period ending not later than June 23, three days for the consideration of the motion that the House concur in those estimates and for the passage at all stages of any bill to be based thereon shall be added to the days for the Business of Supply in that period.

Opposition motions.

(13) Opposition motions on allotted days may be moved only by Members in opposition to the government and may relate to any matter within the jurisdiction of the Parliament of Canada and also may be used for the purpose of considering reports from standing committees relating to the consideration of estimates therein.

Notice.

(14)(a) Forty-eight hours’ written notice shall be given of opposition motions on allotted days, motions to concur in interim estimates, main estimates, supplementary or final estimates, to restore or reinstate any item in the estimates. Twenty-four hours’ written notice shall be given of a notice to oppose any item in the estimates, provided that for the supply period ending not later than June 23, forty-eight hours’ written notice shall be given of a notice to oppose any item in the estimates.

Speaker’s power of selection.

(b) When notice has been given of two or more motions by Members in opposition to the government for consideration on an allotted day, the Speaker shall have power to select which of the proposed motions shall have precedence in that sitting.

Opposition motions have precedence on allotted days.

(15) Opposition motions shall have precedence over all government supply motions on allotted days and shall be disposed of as provided in sections (16), (17), (18) and (19) of this Standing Order.

All motions votable unless designated otherwise.

(16)(a) Every opposition motion is votable unless the sponsor of such a motion designates it as non-votable.

Duration of proceedings.

(b) The duration of proceedings on any opposition motion moved on an allotted day shall be stated in the notice relating to the appointing of an allotted day or days for those proceedings.

(c) Except as provided for in section (18) of this Standing Order, on the last day appointed for proceedings on a motion that shall come to a vote, at fifteen minutes before the expiry of the time provided for Government Orders, the Speaker shall interrupt the proceedings and forthwith put, without further debate or amendment, every question necessary to dispose of the said proceedings.

When question put in December and March periods.

(17) On the last allotted day in the supply periods ending December 10 and March 26, but, in any case, not later than the last sitting day in each of the said periods, at fifteen minutes before the expiry of the time provided for Government Orders, the Speaker shall interrupt the proceedings then in progress and,

Non-votable motions. Putting of questions seriatim.

(a) if those proceedings are not in relation to a motion that shall come to a vote, the Speaker shall put forthwith and successively, without debate or amendment, every question necessary to dispose of any item of business relating to interim estimates and supplementary estimates, the restoration or reinstatement of any item in the estimates or any opposed item in the estimates and, notwithstanding Standing Order 71, for the passage at all stages of any bill or bills based thereon; or

Votable motions. Putting of questions seriatim.

(b) if those proceedings are in relation to a motion that shall come to a vote, the Speaker shall first put forthwith, without further debate or amendment, every question necessary to dispose of that proceeding, and forthwith thereafter put successively, without debate or amendment, every question necessary to dispose of any item of business relating to interim estimates and supplementary estimates, the restoration or reinstatement of any item in the estimates, or of any opposed item in the estimates and, notwithstanding the provisions of Standing Order 71, for the passage at all stages of any bill or bills based thereon.

Ordinary hour of adjournment suspended if necessary.

The Standing Orders relating to the ordinary hour of daily adjournment shall remain suspended until all such questions have been decided.

Opposition motion and Main Estimates to be considered on last day of June period.

(18) On the last allotted day in the period ending June 23, the House shall consider an opposition motion and any motion or motions to concur in the Main Estimates, provided that:

Non-votable motion. Expiration of proceedings.

(a) if the opposition motion is not a motion that shall come to a vote, proceedings on the motion shall expire when debate thereon has been concluded or at 6:30 p.m., as the case may be, notwithstanding Standing Order 33(2) and the House shall proceed to consider a motion or motions relating to the Main Estimates; or

Votable motions. Deferral of divisions.

(b) if the opposition motion is a motion that shall come to a vote, unless previously disposed of, at 6:30 p.m. the Speaker shall interrupt the proceedings and put forthwith, without further debate or amendment, every question necessary to dispose of the proceedings and any recorded division requested shall be deferred to the conclusion of consideration of a motion or motions relating to the Main Estimates as set out in section (18)(c); and

When question put in June period.

(c) when proceedings on the opposition motion have been concluded, but in any case not later than 6:30 p.m., the House shall proceed to the consideration of a motion or motions to concur in the Main Estimates, provided that, unless previously disposed of, at not later than 10:00 p.m., the Speaker shall interrupt any proceedings then before the House, and the House shall proceed to the taking of any division or divisions necessary to dispose of the opposition motion deferred pursuant to paragraph (b) of this Standing Order, and the Speaker shall then put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motion or motions to concur in the Main Estimates, and forthwith thereafter put successively, without debate or amendment, every question necessary to dispose of any business relating to the final estimates for the preceding fiscal year or for any supplementary estimates, the restoration or reinstatement of any item in the final or supplementary estimates or any opposed item in the final or supplementary estimates and, notwithstanding Standing Order 71, for the passage at all stages of any bill or bills based on the final, main or supplementary estimates; and

Ordinary hour of adjournment suspended.

(d) the Standing Orders relating to the ordinary hour of daily adjournment shall remain suspended until all such questions pursuant to paragraph (c) have been decided.

Expiration of proceedings.

(19) Proceedings on an opposition motion, which is not a motion that shall come to a vote, shall expire when debate thereon has been concluded or at the expiry of the time provided for Government Orders, as the case may be, provided that the expiry of the said time may be delayed pursuant to Standing Order 33(2) or 45(7.1).

Unopposed items.

(20) The adoption of all unopposed items in any set of estimates may be proposed in one or more motions.

Order to bring in a bill.

(21) The adoption of any motion to concur in any estimate or estimates shall be an Order of the House to bring in a bill or bills based thereon.

Time limit on speeches.

(22) During proceedings on any item of business under the provisions of this Standing Order, no Member may speak more than once or longer than twenty minutes.


82.

Where urgency arises.

In the event of urgency in relation to any estimate or estimates, the proceedings of the House on a motion to concur therein and on the subsequent bill are to be taken under Government Orders and not on days allotted pursuant to Standing Order 81.

Ways and Means


83.

Notice of Ways and Means.

(1) A notice of a Ways and Means motion may be laid upon the Table of the House at any time during a sitting by a Minister of the Crown, but such a motion may not be proposed in the same sitting.

Order of the Day designated. Order of the Day for a Budget presentation.

(2) An Order of the Day for the consideration of a Ways and Means motion or motions shall be designated at the request of a Minister rising in his or her place in the House. When such an Order is designated for a Budget presentation, the Minister shall specify the date and time thereof and the Order shall be deemed to be an Order of the House to sit beyond the ordinary hour of daily adjournment, if required. At the specified time, the Speaker shall interrupt any proceedings then before the House and such proceedings shall be deemed adjourned; and the House shall proceed forthwith to the consideration of the Ways and Means motion for the Budget presentation. When a motion for the adjournment of the debate on the Ways and Means motion has been made by a Member of the Official Opposition, it shall be deemed adopted without question put; whereupon the Speaker shall adjourn the House to the next sitting day.

Motion to concur in Ways and Means motion other than Budget.

(3) When an Order of the Day is read for the consideration of any motion of which notice has been given in accordance with section (1) of this Standing Order, a motion to concur in the same shall be forthwith decided without debate or amendment, but no such motion may be proposed during the Budget Debate.

Effect of motion being adopted.

(4) The adoption of any Ways and Means motion shall be an order to bring in a bill or bills based on the provisions of any such motion or to propose an amendment or amendments to a bill then before the House, provided that such amendment or amendments are otherwise admissible.

Budget Debate


83.1

Standing Committee on Finance to consider budgetary policy.

Commencing on the first sitting day in September of each year, the Standing Committee on Finance shall be authorized to consider and make reports upon proposals regarding the budgetary policy of the government. Any report or reports thereon may be made no later than the third sitting day before the last scheduled sitting day in December, as set forth in Standing Order 28(2).


84.

Form of Budget motion.

(1) When an Order of the Day is designated pursuant to Standing Order 83(2) for the purpose of enabling a Minister of the Crown to make a Budget presentation, a motion “That this House approve in general the budgetary policy of the government” shall be proposed.

Budget debate: four days.

(2) The proceedings on the Order of the Day for resuming debate on such Budget motion and on any amendments proposed thereto shall not exceed four sitting days.

Precedence.

(3) When the Order of the Day for resuming the said Budget Debate is called, it must stand as the first Order of the Day and, unless it be disposed of, no other Government Order shall be considered in the same sitting.

When question put on subamendment.

(4) On the second of the said days, if a subamendment be under consideration at fifteen minutes before the expiry of the time provided for government business in such sitting, the Speaker shall interrupt the proceedings and forthwith put the question on the said subamendment.

When question put on amendment.

(5) On the third of the said days, if an amendment be under consideration at fifteen minutes before the expiry of the time provided for government business in such sitting, the Speaker shall interrupt the proceedings and forthwith put the question on the said amendment.

When question put on main motion.

(6) On the fourth of the said days, at fifteen minutes before the expiry of the time provided for government business in such sitting, unless the debate be previously concluded, the Speaker shall interrupt the proceedings and forthwith put the question on the main motion.

Time limit on speeches.

(7) No Member, except the Minister of Finance, the Member speaking first on behalf of the Opposition, the Prime Minister and the Leader of the Opposition, shall speak for more than twenty minutes at a time in the Budget Debate.

Amendments


85.

Amendments: Budget Debate and Supply on allotted days.

Only one amendment and one subamendment may be made to a motion proposed in the Budget Debate or to a motion proposed under an Order of the Day for the consideration of the Business of Supply on an allotted day; an amendment to an opposition motion proposed under an order for the consideration of the Business of Supply on an allotted day may only be moved with the consent of the sponsor of the motion.

CHAPTER XI

PRIVATE MEMBERS’ BUSINESS

Notice


86.

Notice of item by one Member.

(1) Any one Member may give notice of an item of Private Members’ Business.

More than one seconder.

(2) Notwithstanding the usual practices of the House, not more than twenty Members may jointly second an item under Private Members’ Business and may indicate their desire to second any motion in conjunction with the Member in whose name it first appeared on the Notice Paper, by so indicating, in writing to the Clerk of the House, at any time prior to the item being proposed.

Appending seconders’ names.

(3) Any names received, pursuant to section (2) of this Standing Order, shall be appended to the notice or order as the case may be. Once proposed to the House, Members’ names shall not be added to the list of those seconding the said motion or order.

Similar items. Speaker to decide.

(4) The Speaker shall be responsible for determining whether two or more items are so similar as to be substantially the same, in which case he or she shall so inform the Member or Members whose items were received last and the same shall be returned to the Member or Members without having appeared on the Notice Paper.


86.1

Private Members’ Business to continue.

At the beginning of the second or a subsequent session of a Parliament, all items of Private Members’ Business originating in the House of Commons that were listed on the Order Paper during the previous session shall be deemed to have been considered and approved at all stages completed at the time of prorogation and shall stand, if necessary, on the Order Paper or, as the case may be, referred to committee and the List for the Consideration of Private Members’ Business and the order of precedence established pursuant to Standing Order 87 shall continue from session to session.


86.2

Reinstatement of Senate public bills after prorogation.

(1) During the first sixty sitting days of the second or subsequent session of a Parliament, whenever a private Member proposing the first reading of a bill brought from the Senate pursuant to Standing Order 69(2) states that the bill is in the same form as a Senate public bill that was before the House in the previous session and the Speaker is satisfied that the bill is in the same form as at prorogation, notwithstanding Standing Order 71, the bill shall be deemed to have been considered and approved at all stages completed at the time of prorogation and shall stand, if necessary, on the Order Paper pursuant to Standing Order 87 after those of the same class, at the same stage at which it stood at the time of prorogation or, as the case may be, referred to committee, and with the votable status accorded to it pursuant to Standing Order 92(1) during the previous session.

Member not to lose place on List.

(2) A Member shall not lose his or her place on the List for the Consideration of Private Members’ Business by virtue of sponsoring a Senate public bill or a private bill, but no Member may sponsor more than one such bill during a Parliament.

Order of Precedence


87.

Establishing List and order of precedence at beginning of session.

(1)(a)(i) At the beginning of the first session of a Parliament, the Clerk of the House, acting on behalf of the Speaker, shall, after notifying all Members of the time, date and place, conduct a random draw of the names of all Members of the House to establish the List for the Consideration of Private Members’ Business, and, on the twentieth sitting day following the draw, the first thirty names on the List shall, subject to paragraph (c) of this Standing Order, constitute the order of precedence.

Ineligible Members.

(ii) Following the draw referred to in subparagraph (i) of this section, the names of the Speaker, the Deputy Speaker, Ministers and Parliamentary Secretaries, who are ineligible by virtue of their offices, shall be dropped to the bottom of the List for the Consideration of Private Members’ Business, where they will remain as long as they hold those offices.

Members becoming eligible.

(iii) Members who become eligible during the course of a Parliament shall be added to the bottom of the eligible names on the List for the Consideration of Private Members’ Business, provided that their position shall be determined by a draw if more than one Member becomes eligible on a given day.

Member to specify item.

(b) Not later than the ordinary hour of daily adjournment on the second sitting day after the day on which the order of precedence is established or replenished, each Member whose name has been newly placed in the order of precedence, and who has given notice of more than one item, shall file with the Clerk an indication as to which item is to be placed in the order of precedence. If a Member does not file such an indication within the time specified, the first bill standing on the Order Paper in the name of that Member under Private Members’ Business will be included in the order of precedence. Where there are no bills standing in the name of the Member, the first motion standing in the name of that Member shall be selected or, if required, the first motion in the name of that Member under the heading “Notices of Motions (Papers).”

Eligibility for order of precedence.

(c)(i) In order to be placed in the order of precedence pursuant to paragraph (a) of this Standing Order, a Member must have a notice of motion on the Order Paper or Notice Paper or a bill on the Order Paper set down for consideration at the second reading stage.

(ii) If at the end of the time provided for in paragraph (b) of this Standing Order, a Member whose name is in the order of precedence does not have a notice of motion on the Order Paper or Notice Paper, or a bill set down on the Order Paper for consideration at second reading stage, then the name of the Member shall be dropped from the List for Consideration of Private Members’ Business.

Designation as non-votable.

(d) Not later than the ordinary hour of daily adjournment on the second sitting day after the day on which the order of precedence is established or replenished, a Member whose name has been placed in the order of precedence may indicate that he or she wishes to have his or her item designated non-votable by informing the Clerk in writing.

During a Parliament.

(2) The Clerk of the House, acting on behalf of the Speaker, shall, when necessary during a Parliament, replenish the order of precedence with the names of the next fifteen Members on the List for the Consideration of Private Members’ Business.

Establishing new List.

(3) If during the course of a Parliament, there are fewer than fifteen eligible names remaining on the List for the Consideration of Private Members’ Business, the Clerk, acting on behalf of the Speaker shall, after notifying all Members of the time, date and place, conduct a random draw of the names of all Members of the House to establish a new List for the Consideration of Private Members’ Business.

Notice of other items.

(4) The establishment of an order of precedence for Private Members’ Business shall not be construed so as to prevent Members from giving notice of items of Private Members’ Business.

Only order of precedence items to be considered.

(5) The House shall not consider any order for the second reading and reference to a standing, special or legislative committee or for reference to a Committee of the Whole House of any bill, nor any Notices of Motions or Notices of Motions (Papers) unless the said item has been placed in the order of precedence.


88.

Deleted (June 30, 2005).


89.

Order of bills on precedence list.

The order for the first consideration of any subsequent stages of a bill already considered during Private Members’ Business, of second reading of a private bill and of second reading of a private Member’s public bill originating in the Senate shall be placed at the bottom of the order of precedence.


90.

On adjournment or interruption.

Except as provided pursuant to Standing Order 96, after any bill or other order standing in the name of a private Member has been considered in the House or in any Committee of the Whole and any proceeding thereon has been adjourned or interrupted, the said bill or order shall be placed on the Order Paper for the next sitting at the bottom of the order of precedence under the respective heading for such bills or orders.


91.

Suspension of Private Members’ Business until order of precedence established.

Notwithstanding Standing Order 30(6), the consideration of Private Members’ Business shall be suspended and the House shall continue to consider any business before it at the time otherwise provided for the consideration of Private Members’ Business until an order of precedence is established pursuant to Standing Order 87(1).


91.1

Subcommittee on Private Members’ Business.

(1) At the beginning of the first session of a Parliament, and thereafter as required, the Standing Committee on Procedure and House Affairs shall name one Member from each of the parties recognized in the House and a Chair from the government party to constitute the Subcommittee on Private Members’ Business, which shall be empowered to meet forthwith after the establishment or replenishment of the order of precedence to determine whether any of the items placed in the order of precedence are non-votable according to the criteria adopted by the Standing Committee on Procedure and House Affairs, provided that no item shall be considered by the House unless the condition set out in section (2) of this Standing Order or one of the conditions in Standing Order 92(1)(b) has been satisfied. If necessary, the item shall be dropped to the bottom of the order of precedence.

Report of the Subcommittee.

(2) After it has met pursuant to section (1) of this Standing Order, the Subcommittee on Private Members’ Business shall forthwith deposit with the clerk of the Standing Committee on Procedure and House Affairs a report recommending that the items listed therein, which it has determined should not be designated non-votable, be considered by the House, and that report, which shall be deemed to have been adopted by the Standing Committee on Procedure and House Affairs, shall be presented to the House at the next earliest opportunity as a report of that Committee and shall be deemed concurred in as soon as it is presented.


92.

Report of Subcommittee on non-votable items.

(1)(a) When the Subcommittee agrees that an item of Private Members’ Business originating in the House of Commons, or a Senate public bill which is similar to a bill voted on by the House in the same Parliament, should be designated as non-votable, it shall forthwith deposit a report of its decision with the clerk of the Standing Committee on Procedure and House Affairs.

(b) When the Subcommittee on Private Members’ Business has reported that an item should be designated non-votable pursuant to paragraph (a) of this Standing Order, the item may be considered by the House only after:

(i) a final decision on the votable status of the item has been made pursuant to section (4) of this Standing Order; or

(ii) the sponsor of the item has waived the right to appeal by so notifying the Speaker in writing.

Appearance of sponsor.

(2) Within five sitting days of the deposit of a report referred to in paragraph (1)(a) of this Standing Order, the sponsor of an item that is the object of the report shall have the opportunity to appear before the Standing Committee on Procedure and House Affairs and to provide a written submission to the Committee to explain why the item should be votable.

Report to House.

(3)(a) Where the Standing Committee on Procedure and House Affairs, following proceedings pursuant to section (2) of this Standing Order, concurs in the report of the Subcommittee on Private Members’ Business, it shall report that decision to the House forthwith, and, notwithstanding Standing Order 54, no notice of a motion to concur in the Committee’s report shall be receivable.

(b) Where the Standing Committee on Procedure and House Affairs, following proceedings pursuant to section (2) of this Standing Order, does not concur in the report of the Subcommittee on Private Members’ Business and is of the opinion that the item should remain votable, it shall report that decision to the House forthwith, and the report shall, upon presentation, be deemed concurred in.

Filing of appeal.

(4)(a) Where a report pursuant to paragraph (3)(a) of this Standing Order has been presented to the House, the sponsor of the item which is the object of the report may appeal the decision of the Committee by filing with the Speaker within five sitting days of the presentation of the said report, a motion to that effect signed by the sponsor and five other Members of the House representing a majority of the recognized parties in the House, and, if no appeal is filed with the Speaker during the period provided for in this paragraph, or if the sponsor has waived the right to appeal by so notifying the Speaker in writing, the report is deemed adopted.

Secret ballot on appeal.

(b) Where the Speaker is satisfied that a motion in appeal filed pursuant to paragraph (a) of this section is in conformity with the Standing Orders, he or she shall inform the House to that effect and shall cause a vote on the appeal to be held by secret ballot during the hours of sitting of the House on two sitting days to be designated by the Speaker, during which time Members may deposit their completed ballot papers in the ballot box placed on the Table for that purpose.


92.1

Intention to substitute item. Non-votable item.

(1) Where a report pursuant to Standing Order 92(3)(a) has been presented to the House, the sponsor of the item that has been designated non-votable may, within five sitting days of the presentation of the said report, give written notice of his or her intention to substitute another item of Private Members’ Business for the item designated non-votable.

Intention to substitute item. Bill dropped from Order Paper.

(2) Where a bill is dropped from the Order Paper for not having been preceded by the adoption of a Ways and Means motion proposed pursuant to Standing Order 83 or for having been ruled out of order by the Speaker, the sponsor of the item may, within five sitting days of the item being dropped, give written notice of his or her intention to have another item of Private Members’ Business added under his or her name to the Order of Precedence on the Order Paper.

Sponsor to specify another item on Order Paper or Notice Paper.

(3) When notice has been given pursuant to sections (1) or (2) of this Standing Order, the sponsor of the item who has other notices of motion on the Order Paper or Notice Paper or bills on the Order Paper set down for consideration at the second reading stage shall, when forwarding that notice, inform the Clerk which of his or her items is to replace the non-votable item in the order of precedence or the item dropped from the Order Paper and, notwithstanding any other Standing Order, the sponsor shall retain his or her place in the order of precedence and his or her item shall remain subject to the application of Standing Orders 86 to 99.

If no item, Sponsor to submit one within 20 days.

(4) When notice has been given pursuant to sections (1) or (2) of this Standing Order, the sponsor of the item who does not have a notice of motion on the Order Paper or Notice Paper or a bill on the Order Paper set down for consideration at the second reading stage shall, within 20 days of the deposit of the report pursuant to Standing Order 92(3)(a) or of the withdrawal of the item by order of the Speaker, have another notice of motion on the Order Paper or Notice Paper or a bill on the Order Paper set down for consideration at the second reading stage and, notwithstanding any other Standing Order, that item shall be placed at the bottom of the order of precedence and shall remain subject to the application of Standing Orders 86 to 99.

No item submitted. Name dropped.

(5) If at the end of the time provided for in section (4) of this Standing Order, the Member whose name is in the order of precedence does not have a notice of motion on the Order Paper or Notice Paper, or a bill set down on the Order Paper for consideration at second reading stage, then the name of the Member shall be dropped from the Order Paper.


93.

Time limit on items. Dropping of item to bottom of order of precedence.

(1)(a) Except as provided for in Standing Order 96(1), unless previously disposed of, bills at the second reading stage or motions shall receive not more than two hours of consideration and, unless previously disposed of, an item having been once considered, shall be dropped to the bottom of the order of precedence and again considered only when it reaches the top of the said order.

Question put.

Provided that, unless otherwise disposed of, at the end of the time provided for the consideration of the said item, any proceedings then before the House shall be interrupted and every question necessary to dispose of the motion or of the bill at the second reading stage, shall be put forthwith and successively without further debate or amendment.

Deferral of recorded divisions.

(b) Any recorded division on an item of Private Members’ Business demanded pursuant to Standing Order 45(1) shall be deferred to the next Wednesday, immediately before the time provided for Private Members’ Business.

Ten sitting days to elapse.

(2) At least ten sitting days shall elapse between the first and second hour of debate on items referred to in section (1) of this Standing Order.

Consent of the sponsor.

(3) Amendments to motions and to the motion for the second reading of a bill may only be moved with the consent of the sponsor of the item.


94.

Speaker’s responsibility.

(1)(a) The Speaker shall make all arrangements necessary to ensure the orderly conduct of Private Members’ Business including:

Private Members’ Hour at the beginning of a Parliament.

(i) ensuring that, at the beginning of a Parliament, “Private Members’ Hour” not begin earlier than forty-eight hours after the presentation of the first report presented pursuant to Standing Order 91.1(2);

Notice of items to be considered.

(ii) ensuring that all Members have not less than twenty-four hours’ notice of items to be considered during “Private Members’ Hour”; and

Publication of notice.

(iii) ensuring that the notice required by subparagraph (ii) of this paragraph is published in the Notice Paper.

Private Members’ Hour suspended when notice not published.

(b) In the event of it not being possible to provide the notice required by subparagraphs (a)(ii) or (a)(iii) of this section, “Private Members’ Hour” shall be suspended for that day and the House shall continue with or revert to the business before it prior to “Private Members’ Hour” until the ordinary hour of daily adjournment.

Forty-eight hours’ notice required when Member unable to move his or her item. Speaker to arrange an exchange.

(2)(a) When a Member has given at least forty-eight hours’ written notice that he or she is unable to be present to move his or her motion under Private Members’ Business on the date required by the order of precedence, the Speaker, with permission of the Members involved, may arrange for an exchange of positions in the order of precedence with a Member whose motion or bill has been placed in the order of precedence, provided that, with respect to the Member accepting the exchange, all of the requirements of Standing Order 92 necessary for the Member’s item to be called for debate have been complied with.

When no arrangement can be made, business before House to continue.

(b) In the event that the Speaker has been unable to arrange an exchange, the House shall continue with the business before it prior to “Private Members’ Hour.”

Limitation on exchanges.

(c) When an item is placed at the bottom of the order of precedence pursuant to Standing Order 42(2) or 94(2)(b), that shall be indicated on the Order Paper by marking the item with an asterisk and

(i) the sponsor shall be prohibited from requesting an exchange pursuant to Standing Order 94(2)(a); and

(ii) notwithstanding the provisions of Standing Order 42(2), if the item is not proceeded with when next called, it shall be dropped from the Order Paper.


95.

Time limit on speeches. Votable item.

(1) When an item of Private Members’ Business that is votable is under consideration, the Member moving the motion shall speak for not more than fifteen minutes followed by a five minute period for questions and comments. Thereafter, no Member shall speak for more than ten minutes. The Member moving the motion shall, if he or she chooses, speak again for not more than five minutes at the conclusion of the second hour of debate, or earlier if no other Member rises in debate.

Time limit on speeches. Non-votable item.

(2) When an item of Private Members’ Business that is not votable is under consideration, the Member moving the motion shall speak for not more than fifteen minutes. Thereafter, no Member shall speak for more than ten minutes for a period not exceeding forty minutes. After forty minutes, or earlier if no other Member rises in debate, the Member moving the motion shall, if he or she chooses, speak again for not more than five minutes and thereby conclude the debate.

No dilatory motions.

(3) No dilatory motion shall be allowed during Private Members’ Business.


96.

Dropped orders.

(1) The proceedings on any item of Private Members’ Business which has been designated non-votable pursuant to Standing Orders 87(1)(d) or 92 shall expire when debate thereon has been concluded or at the end of the time provided for the consideration of such business on that day and that item shall be dropped from the Order Paper.

Not to be considered as a decision of the House.

(2) The dropping of an item pursuant to section (1) of this Standing Order shall not be considered a decision of the House.


97.

Production of papers. Debate.

(1) Notices of motions for the production of papers shall be placed on the Order Paper under the heading “Notices of Motions for the Production of Papers.” All such notices, when called, shall be forthwith disposed of; but if on any such motion a debate be desired by the Member proposing it or by a Minister of the Crown, the motion will be transferred by the Clerk to the order of “Notices of Motions (Papers).”

Time limits on speeches and debate.

(2) When debate on a motion for the production of papers, under the order “Notices of Motions (Papers)”, has taken place for a total time of one hour and fifty minutes, the Speaker shall at that point interrupt the debate, whereupon a Minister of the Crown or a Parliamentary Secretary speaking on behalf of the Minister, whether or not such Minister or Parliamentary Secretary has already spoken, may speak for not more than five minutes, following which the mover of the motion may close the debate by speaking for not more than five minutes, after which, the Speaker shall forthwith put the question.


97.1

Committee Report.

(1) A standing, special or legislative committee to which a Private Member’s public bill has been referred shall in every case, within sixty sitting days from the date of the bill’s reference to the committee, either report the bill to the House with or without amendment or present to the House a report containing a recommendation not to proceed further with the bill and giving the reasons therefor or requesting a single extension of thirty sitting days to consider the bill, and giving the reasons therefor. If no bill or report is presented by the end of the sixty sitting days where no extension has been approved by the House, or by the end of the thirty sitting day extension if approved by the House, the bill shall be deemed to have been reported without amendment.

Report recommending not to proceed further with a bill. Motion placed on Notice Paper.

(2)(a) Immediately after the presentation of a report containing a recommendation not to proceed further with a bill pursuant to section (1) of this Standing Order, the Clerk of the House shall cause to be placed on the Notice Paper a notice of motion for concurrence in the report, which shall stand in the name of the Member presenting the report. No other notice of motion for concurrence in the report shall be placed on the Notice Paper.

(b) When a notice given pursuant to paragraph (a) of this Standing Order is transferred to the Order Paper under “Motions”, it shall be set down for consideration only pursuant to paragraph (c) of this Standing Order.

Debate on the motion.

(c) Debate on the motion to concur in a report containing a recommendation not to proceed further with a bill shall be taken up at the end of the time provided for the consideration of Private Members’ Business on a day fixed, after consultation, by the Speaker. The motion shall be deemed to be proposed and shall be considered for not more than one hour, provided that:

Time limit on speeches.

(i) during consideration of any such motion, no Member shall speak more than once or for more than ten minutes;

Voting.

(ii) unless previously disposed of, not later than the end of the said hour of consideration, the Speaker shall interrupt the proceedings and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motion; and

Deferral of recorded divisions.

(iii) any recorded division demanded pursuant to Standing Order 45(1) shall be deemed deferred to the next Wednesday, immediately before the time provided for Private Members’ Business.

Motion adopted and proceedings on bill come to an end.

(d) When a motion to concur in a report containing a recommendation not to proceed further with a bill is adopted, all proceedings on the bill shall come to an end.

Motion negatived and bill deemed reported.

(e) When a motion to concur in a report containing a recommendation not to proceed further with a bill is negatived, the bill shall be deemed to have been reported without amendment.

Proceedings on a motion not concluded by 60th sitting day.

(f) If proceedings on a motion to concur in a report of a committee containing a recommendation not to proceed further with a bill have not been concluded by the sixtieth sitting day following the date of the referral of the bill to the committee, or by the end of the thirty day extension, if one has been granted pursuant to sections (1) and (3) of this Standing Order, the said bill shall remain before the committee until proceedings on the motion to concur in the report have been concluded.

Request for an extension.

(3)(a) Upon presentation of a report requesting an extension of thirty sitting days to consider a bill referred to in section (1) of this Standing Order, a motion to concur in the report shall be deemed moved, the question deemed put, and a recorded division deemed demanded and deferred to the next Wednesday, immediately before the time provided for Private Members’ Business.

Proceedings on report requesting an extension not concluded by60th sitting day.

(b) If proceedings on any motion to concur in a report of a committee requesting an extension of thirty sitting days to consider a bill have not been concluded by the sixtieth sitting day following the date of the referral of the bill to the committee, the said bill shall remain before the committee until proceedings on the motion to concur in the report have been concluded, provided that:

(i) should the motion to concur in the report be adopted, the committee shall have an extension until the ninetieth sitting day following the date of the referral of the bill to the committee; or

(ii) should the motion to concur in the report be negatived, the bill shall be deemed to have been reported without amendment.


98.

Bill to be placed at bottom of the order of precedence after committee stage.

(1) When a Private Member’s bill is reported from a standing, special or legislative committee or a Committee of the Whole House, or is deemed to have been reported pursuant to Standing Orders 86.1 or 97.1, the order for consideration of the bill at report stage shall be placed at the bottom of the order of precedence notwithstanding Standing Order 87.

Two-day debate at certain stages of a bill.

(2) The report and third reading stages of a Private Member’s bill shall be taken up on two sitting days, unless previously disposed of, provided that once consideration has been interrupted on the first such day the order for the remaining stage or stages shall be placed at the bottom of the order of precedence and shall be again considered when the said bill reaches the top of the said order.

Extension of sitting hours. Limited to five hours.

(3) When the report or third reading stages of the said bill are before the House on the first of the sitting days provided pursuant to section (2) of this Standing Order, and if the said bill has not been disposed of prior to the end of the first thirty minutes of consideration, during any time then remaining, any one Member may propose a motion to extend the time for the consideration of any remaining stages on the second of the said sitting days during a period not exceeding five consecutive hours, which shall begin at the end of the time provided for Private Members’ Business, except on a Monday when the period shall begin at the ordinary hour of daily adjournment, on the second sitting day, provided that:

Support of twenty Members.

(a) the motion shall be put forthwith without debate or amendment and shall be deemed withdrawn if fewer than twenty Members rise in support thereof; and

No subsequent motion unless intervening proceeding.

(b) a subsequent such motion shall not be put unless there has been an intervening proceeding.

When question put.

(4)(a) On the second sitting day provided pursuant to section (2) of this Standing Order, unless previously disposed of, at the end of the time provided for the consideration thereof, any proceedings then before the House shall be interrupted and every question necessary to dispose of the then remaining stage or stages of the said bill shall be put forthwith and successively without further debate or amendment.

Recorded division.

(b) Any recorded division on an item of Private Members’ Business demanded pursuant to Standing Order 45(1) shall be deemed deferred to the next Wednesday, immediately before the time provided for Private Members’ Business.

Suspension of adjournment hour in certain cases.

(5) If consideration has been extended pursuant to section (3) of this Standing Order, the Standing Orders relating to the ordinary hour of daily adjournment shall be suspended until all questions necessary to dispose of the said bill have been put.

Suspension


99.

Suspension of Private Members’ Business in provided cases.

(1) The proceedings on Private Members’ Business shall not be suspended except as provided for in Standing Orders 2(3), 30(4), 30(7), 52(14), 83(2), 91, 92(1)(b) and 94(1)(b) or as otherwise specified by Special Order of this House. No Private Members’ Business shall be taken up on days appointed for the consideration of business pursuant to Standing Order 53 nor on days, other than Mondays, appointed for the consideration of business pursuant to Standing Order 81(18).

Suspension on a Monday.

(2) Whenever Private Members’ Business is suspended or not taken up on a Monday, the House shall meet from 11:00 a.m. to 12:00 noon for the consideration of Government Orders.

CHAPTER XII

COMMITTEES OF THE WHOLE


100.

Order for House in Committee of the Whole.

When an Order of the Day is read for the House to go into a Committee of the Whole or when it is ordered that a bill be considered in a Committee of the Whole, the Speaker shall leave the Chair without question put.


101.

Application of Standing Orders.

(1) The Standing Orders of the House shall be observed in Committees of the Whole so far as may be applicable, except the Standing Orders as to the seconding of motions, limiting the number of times of speaking and the length of speeches.

Relevancy.

(2) Speeches in Committees of the Whole must be strictly relevant to the item or clause under consideration.

Time limit on speeches.

(3) No Member, except the Prime Minister and the Leader of the Opposition, shall speak for more than twenty minutes at a time in any Committee of the Whole.


102.

Motion to leave the Chair.

(1) A motion that the Chair leave the Chair is always in order, shall take precedence of any other motion, and shall not be debatable.

Intermediate proceeding.

(2) Such motion, if rejected, cannot be renewed unless some intermediate proceeding has taken place.


103.

Resolutions concurred in forthwith.

Whenever a resolution is reported from any Committee of the Whole, a motion to concur in the same shall be forthwith put and decided without debate or amendment.

CHAPTER XIII

COMMITTEES

Striking of Committees


104.

Duty of Procedure and House Affairs Committee. Report.

(1) At the commencement of the first session of each Parliament, the Standing Committee on Procedure and House Affairs, which shall consist of ten Members, and the membership of which shall continue from session to session, shall be appointed to act, among its other duties, as a striking committee. The said Committee shall prepare and report to the House within the first ten sitting days after its appointment, and thereafter, within the first ten sitting days after the commencement of each session, lists of Members to compose the standing committees of the House pursuant to Standing Order 104(2), and to act for the House on standing joint committees.

Membership of standing committees.

(2) The standing committees, which shall consist of ten Members, and for which the lists of members are to be prepared, except as provided in section (1) of this Standing Order, shall be on:

(a) Access to Information, Privacy and Ethics;

(b) Agriculture and Agri-Food;

(c) Canadian Heritage;

(d) Citizenship and Immigration;

(e) Environment and Sustainable Development;

(f) Finance;

(g) Fisheries and Oceans;

(h) Foreign Affairs and International Development;

(i) Government Operations and Estimates;

(j) Health;

(k) Human Resources, Skills and Social Development and the Status of Persons with Disabilities;

(l) Indigenous and Northern Affairs;

(m) Industry, Science and Technology;

(n) International Trade;

(o) Justice and Human Rights;

(p) National Defence;

(q) Natural Resources;

(r) Official Languages;

(s) Procedure and House Affairs;

(t) Public Accounts;

(u) Public Safety and National Security;

(v) the Status of Women;

(w) Transport, Infrastructure and Communities; and

(x) Veterans Affairs.

Membership of standing joint committees.

(3) The Standing Committee on Procedure and House Affairs shall also prepare and report lists of Members to act for the House on the Standing Joint Committees:

(a) on the Library of Parliament;

(b) for the Scrutiny of Regulations;

Provided that a sufficient number of Members shall be appointed so as to keep the same proportion therein as between the memberships of both Houses.

Associate Members.

(4) The Standing Committee on Procedure and House Affairs shall also prepare lists of associate members for each Standing Committee and Standing Joint Committee referred to in this Standing Order, who shall be deemed to be members of that committee for the purposes of Standing Orders 108(1)(c) and 114(2)(a) and who shall be eligible to act as substitutes on that committee pursuant to the provisions of Standing Order 114(2)(b).

Parliamentary Secretaries.

(5) In addition to the members named pursuant to section (1) of this Standing Order, the Chief Government Whip may, at any time, file with the clerk of any standing, special or legislative committee a notification indicating that one or more Parliamentary Secretaries shall serve as non-voting members of the committee. The Parliamentary Secretaries shall have all of the rights and privileges of a committee member, but may not vote or move any motion, nor be part of any quorum.

Ministers and Parliamentary Secretaries.

(6)(a) A Minister of the Crown cannot be appointed to or cannot act as a substitute on any standing, legislative or special committee.

(b) A Parliamentary Secretary cannot be appointed to any standing, legislative or special committee, except as provided for in section (5) of this Standing Order.


105.

Membership of a special committee.

A special committee shall consist of not more than fifteen members.


106.

Clerk of the House to convene meetings.

(1) Within ten sitting days following the adoption by the House of a report of the Standing Committee on Procedure and House Affairs pursuant to Standing Order 104(1), the Clerk of the House shall convene a meeting of each standing committee whose membership is contained in that report for the purpose of electing a Chair, provided that forty-eight hours’ notice is given of any such meeting.

Election of Chair and Vice-Chairs.

(2) At the commencement of every session and, if necessary, during the course of a session, each standing or special committee shall elect a Chair and two Vice-Chairs, of whom the Chair shall be a Member of the government party, the first Vice-Chair shall be a Member of the Official Opposition, and the second Vice-Chair shall be a Member of an opposition party other than the Official Opposition party. In the case of the Standing Committees on Public Accounts, on Access to Information, Privacy and Ethics, on Government Operations and Estimates and on the Status of Women, the Chair shall be a Member of the Official Opposition, the first Vice-Chair shall be a Member of the government party and the second Vice-Chair shall be a Member of an opposition party other than the Official Opposition. In the case of the Standing Joint Committee for the Scrutiny of Regulations, the Joint-Chair acting on behalf of the House shall be a Member of the Official Opposition, the first Vice-Chair shall be a Member of the government party and the second Vice-Chair shall be a Member of an opposition party other than the Official Opposition.

(3) When more than one candidate is nominated for the office of Chair or Vice-Chair of a committee, the election shall be conducted by secret ballot as follows:

(a) the clerk of the committee, who shall preside over the election, shall announce the candidates to the committee members present and provide them with ballot papers;

(b) committee members wishing to indicate their choice for Chair or Vice-Chair of the committee shall print the first and last name of a candidate on the ballot paper;

(c) committee members shall deposit their completed ballot papers in a box provided for that purpose;

(d) the clerk of the committee shall count the ballots and announce the name of the candidate who has received the majority of votes;

(e) if no candidate has received a majority of votes, a second ballot shall be taken, provided that the candidate with the least number of votes shall be dropped from the second ballot; balloting shall continue in this manner until a candidate receives a majority of votes, at which time the clerk shall destroy the ballots and in no way divulge the number of ballots cast for any candidate.

Chair to convene meeting upon written request. Reasons to be stated in request. Forty-eight hours’ notice required.

(4) Within five days of the receipt, by the clerk of a standing committee, of a request signed by any four members of the said committee, the Chair of the said committee shall convene such a meeting provided that forty-eight hours’ notice is given of the meeting. For the purposes of this section, the reasons for convening such a meeting shall be stated in the request.

Liaison Committee


107.

Membership.

(1)(a) The Chair of each standing committee, together with the Member of the House from each standing joint committee who is the Chair of the said joint committee, shall form a Liaison Committee, which is charged with making apportionments of funds from the block of funds authorized by the Board of Internal Economy to meet the expenses of committee activities, subject to ratification by the Board.

(b) The Whip, or his or her designate, of any recognized party not having a member on the Liaison Committee, may take part in the proceedings of the Committee, but may not vote or move any motion, nor be part of any quorum.

Election of Chair and Vice-Chair of Liaison Committee. Clerk of the House to convene meeting.

(2) Within five sitting days of the meeting of the last standing committee to elect its Chair pursuant to Standing Order 106(2), but in any event no later than the twentieth sitting day after the adoption of the report of the Standing Committee on Procedure and House Affairs presented pursuant to Standing Order 104(1), the Clerk of the House shall convene a meeting of the Chairs, together with any Members of the House elected as Chair of any joint committees for which such elections have then been held, for the purpose of electing a Chair and a Vice-Chair of the Liaison Committee.

Reports.

(3) The Liaison Committee shall be empowered to report from time to time to the House.

Quorum.

(4) Seven members of the Liaison Committee shall constitute a quorum.

Associate Members.

(5) The Vice-Chairs of each standing committee and the Members of the House from each standing joint committee who are Vice-Chairs of the said joint committee shall be associate members of the Liaison Committee, provided that the Standing Committee on Procedure and House Affairs may also prepare lists of other associate members of the Liaison Committee.

Power to create subcommittees.

(6) The Liaison Committee shall be empowered to create subcommittees of which the membership may be drawn from among both the list of members of the Committee and the list of associate members provided for in section (5) of this Standing Order.

Mandate


108.

Powers of standing committees.

(1)(a) Standing committees shall be severally empowered to examine and enquire into all such matters as may be referred to them by the House, to report from time to time, and except when the House otherwise orders, to send for persons, papers and records, to sit while the House is sitting, to sit during periods when the House stands adjourned, to sit jointly with other standing committees, to print from day to day such papers and evidence as may be ordered by them, and to delegate to subcommittees all or any of their powers except the power to report directly to the House.

Dissenting or supplementary opinions.

(b) Dissenting or supplementary opinions or recommendations to committee reports, other than reports on bills or estimates, may be filed by members of the committee, without approval from the committee, provided that dissenting or supplementary opinions or recommendations, from a recognized party’s members on the committee, do not exceed a total of ten pages or the length of the original report, whichever is shorter, and are filed by a deadline set by the committee, and shall be appended to the report after the signature of the Chair.

Power to create subcommittees.

(c) Standing Committees shall be empowered to create subcommittees of which the membership may be drawn from among both the list of members and the list of associate members provided for in Standing Order 104, who shall be deemed to be members of that committee for the purposes of this Standing Order.

Additional powers of standing committees.

(2) The standing committees, except those set out in sections (3)(a), (3)(f), (3)(h) and (4) of this Standing Order, shall, in addition to the powers granted to them pursuant to section (1) of this Standing Order and pursuant to Standing Order 81, be empowered to study and report on all matters relating to the mandate, management and operation of the department or departments of government which are assigned to them from time to time by the House. In general, the committees shall be severally empowered to review and report on:

(a) the statute law relating to the department assigned to them;

(b) the program and policy objectives of the department and its effectiveness in the implementation of same;

(c) the immediate, medium and long-term expenditure plans and the effectiveness of implementation of same by the department;

(d) an analysis of the relative success of the department, as measured by the results obtained as compared with its stated objectives; and

(e) other matters, relating to the mandate, management, organization or operation of the department, as the committee deems fit.

Mandates of certain standing committees.

(3) The mandate of the Standing Committee on:

Procedure and House Affairs.

(a) Procedure and House Affairs shall include, in addition to the duties set forth in Standing Order 104, and among other matters:

(i) the review of and report on, to the Speaker as well as the Board of Internal Economy, the administration of the House and the provision of services and facilities to Members provided that all matters related thereto shall be deemed to have been permanently referred to the Committee upon its membership having been established;

(ii) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans of all operations which are under the joint administration and control of the two Houses except with regard to the Library of Parliament and other related matters as the Committee deems fit;

(iii) the review of and report on the Standing Orders, procedure and practice in the House and its committees;

(iv) the consideration of business related to private bills;

(v) the review of and report on the radio and television broadcasting of the proceedings of the House and its committees;

(vi) the review of and report on all matters relating to the election of Members to the House of Commons;

(vii) the review of and report on the annual report of the Conflict of Interest and Ethics Commissioner with respect to his or her responsibilities under the Parliament of Canada Act relating to Members of Parliament, which shall be deemed permanently referred to the Committee immediately after it is laid upon the Table;

(viii) the review of and report on all matters relating to the Conflict of Interest Code for Members of the House of Commons; and

(ix) the review of and report on all matters relating to the Code of Conduct for Members of the House of Commons: Sexual Harassment.

Citizenship and Immigration.

(b) Citizenship and Immigration shall include, among other matters, the monitoring of the implementation of the principles of the federal multiculturalism policy throughout the Government of Canada in order:

(i) to encourage the departments and agencies of the federal government to reflect the multicultural diversity of the nation; and

(ii) to examine existing and new programs and policies of federal departments and agencies to encourage sensitivity to multicultural concerns and to preserve and enhance the multicultural reality of Canada;

Government Operations and Estimates.

(c) Government Operations and Estimates shall include, among other matters:

(i) the review of and report on the effectiveness, management and operation, together with operational and expenditure plans of the central departments and agencies;

(ii) the review of and report on the effectiveness, management and operation, together with operational and expenditure plans relating to the use of new and emerging information and communications technologies by the government;

(iii) the review of and report on the effectiveness, management and operation of specific operational and expenditure items across all departments and agencies;

(iv) the review of and report on the Estimates of programs delivered by more than one department or agency;

(v) with regard to items under consideration as a result of Standing Orders 108(3)(c)(i), (ii) or (iii), in coordination with any affected standing committee and in accordance with Standing Order 79, the committee shall be empowered to amend Votes that have been referred to other standing committees;

(vi) the review of and report on reports of the Public Service Commission which shall be deemed permanently referred to the Committee immediately after they are laid upon the Table;

(vii) the review of and report on the process for considering the estimates and supply, including the format and content of all estimates documents;

(viii) the review of and report on the effectiveness, management and operation, together with operational and expenditure plans arising from supplementary estimates;

(ix) the review of and report on the effectiveness, management and operation, together with operational and expenditure plans of Crown Corporations and agencies that have not been specifically referred to another standing committee; and

(x) in cooperation with other committees, the review of and report on the effectiveness, management and operation, together with operational and expenditure plans of statutory programs, tax expenditures, loan guarantees, contingency funds and private foundations that derive the majority of their funding from the Government of Canada;

and any other matter which the House shall, from time to time, refer to the Standing Committee.

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

(d) Human Resources, Skills and Social Development and the Status of Persons with Disabilities shall include, among other matters, the proposing, promoting, monitoring and assessing of initiatives aimed at the integration and equality of disabled persons in all sectors of Canadian society;

Justice and Human Rights.

(e) Justice and Human Rights shall include, among other matters, the review and report on reports of the Canadian Human Rights Commission, which shall be deemed permanently referred to the Committee immediately after they are laid upon the Table;

Official Languages.

(f) Official Languages shall include, among other matters, the review of and report on official languages policies and programs, including Reports of the Commissioner of Official Languages, which shall be deemed permanently referred to the Committee immediately after they are laid upon the Table;

Public Accounts.

(g) Public Accounts shall include, among other matters, review of and report on the Public Accounts of Canada and all reports of the Auditor General of Canada, which shall be severally deemed permanently referred to the Committee immediately after they are laid upon the Table;

Access to Information, Privacy and Ethics.

(h) Access to Information, Privacy and Ethics shall include, among other matters:

(i) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Information Commissioner;

(ii) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Privacy Commissioner;

(iii) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Conflict of Interest and Ethics Commissioner;

(iv) the review of and report on the effectiveness, management and operation, together with the operational and expenditure plans relating to the Commissioner of Lobbying;

(v) the review of and report on reports of the Privacy Commissioner, the Information Commissioner, the Commissioner of Lobbying and the Conflict of Interest and Ethics Commissioner with respect to his or her responsibilities under the Parliament of Canada Act relating to public office holders and on reports tabled pursuant to the Access to Information Act and the Privacy Act, which shall be severally deemed permanently referred to the Committee immediately after they are laid upon the Table;

(vi) in cooperation with other committees, the review of and report on any federal legislation, regulation or Standing Order which impacts upon the access to information or privacy of Canadians or the ethical standards of public office holders;

(vii) the proposing, promoting, monitoring and assessing of initiatives which relate to access to information and privacy across all sectors of Canadian society and to ethical standards relating to public office holders;

and any other matter which the House shall from time to time refer to the Standing Committee.

Mandate of Standing Joint Committees.

(4) So far as this House is concerned, the mandates of the Standing Joint Committee

Library of Parliament.

(a) on the Library of Parliament shall include the review of the effectiveness, management and operation of the Library of Parliament;

Scrutiny of Regulations.

(b) for the Scrutiny of Regulations shall include, among other matters, the review and scrutiny of statutory instruments which are permanently referred to the Committee pursuant to section 19 of the Statutory Instruments Act;

Provided that both Houses may, from time to time, refer any other matter to any of the aforementioned Standing Joint Committees.


109.

Government response to committee reports.

Within 120 days of the presentation of a report from a standing or special committee, the government shall, upon the request of the committee, table a comprehensive response thereto, and when such a response has been requested, no motion for the concurrence in the report may be proposed until the comprehensive response has been tabled or the expiration of the said period of 120 days.


110.

Tabling of Order in Council appointments. Deemed referred to committee.

(1) A Minister of the Crown shall lay upon the Table a certified copy of an Order in Council, stating that a certain individual has been appointed to a certain non-judicial post, not later than five sitting days after the Order in Council is published in the Canada Gazette. The same shall be deemed to have been referred to a standing committee specified at the time of tabling, pursuant to Standing Order 32(6), for its consideration during a period not exceeding thirty sitting days.

Tabling of certificate of nomination for appointment. Deemed referred to committee.

(2) A Minister of the Crown may, from time to time, lay upon the Table a certificate stating that a specified individual has been nominated for appointment to a specified non-judicial post. The same shall be deemed to have been referred to a standing committee specified at the time of tabling, pursuant to Standing Order 32(6), for its consideration during a period not exceeding thirty sitting days.


111.

Appearance of appointee or nominee.

(1) The committee specified pursuant to Standing Orders 32(6) and 110, during the period of thirty sitting days provided pursuant to Standing Order 110, shall if it deems it appropriate, call the so named appointee or nominee to appear before it during a period not exceeding ten sitting days.

Qualification study of appointee or nominee.

(2) The committee, if it should call an appointee or nominee to appear pursuant to section (1) of this Standing Order, shall examine the qualifications and competence of the appointee or nominee to perform the duties of the post to which he or she has been appointed or nominated.

Time limit for study.

(3) The committee shall complete its examination of the appointee or nominee not later than the end of the ten sitting day period indicated in section (1) of this Standing Order.

Appointee’s curriculum vitae to be provided.

(4) The office of the Minister who recommended the appointment shall provide the curriculum vitae of such an appointee or nominee to the committee upon written application from the clerk of the committee.


111.1

Officers of Parliament. Referral of the name of the proposed appointee to committee.

(1) Where the government intends to appoint an Officer of Parliament, the Clerk of the House, the Parliamentary Librarian or the Conflict of Interest and Ethics Commissioner, the name of the proposed appointee shall be deemed referred to the appropriate standing committee, which may consider the appointment during a period of not more than thirty days following the tabling of a document concerning the proposed appointment.

Ratification motion.

(2) Not later than the expiry of the thirty-day period provided for in the present Standing Order, a notice of motion to ratify the appointment shall be put under Routine Proceedings, to be decided without debate or amendment.

Legislative Committees


112.

Chairs of legislative committees. Panel of Chairs.

At the commencement of each session, the Speaker shall appoint as many as twelve Members, and from time to time additional Members as required, to act as Chairs of legislative committees, provided that a proportionate number of Members from both the government party and the opposition parties shall be so appointed. The Members appointed under the provisions of this Standing Order, together with the Deputy Speaker and Chair of Committees of the Whole, the Assistant Deputy Speaker and Deputy Chair of Committees of the Whole and the Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole, shall constitute the Panel of Chairs for the legislative committees.


113.

Striking of legislative committees.

(1) Without anticipating the decision of the House, within five sitting days after the commencement of debate on a motion to appoint a legislative committee or to refer a bill thereto, the Standing Committee on Procedure and House Affairs shall meet to prepare, and shall report not later than the following Thursday, a list of members of such a legislative committee, which shall consist of not more than fifteen Members. Such a committee shall be organized only in the event that the House adopts the motion for appointment or referral. Upon presentation of such a report of the Standing Committee on Procedure and House Affairs, the same shall be deemed adopted.

Appointment of Chair.

(2) Once the said report is adopted, the Speaker shall forthwith appoint the Chair of the said committee from the Panel of Chairs established pursuant to Standing Order 112.

When a legislative committee to meet.

(3) A legislative committee constituted pursuant to sections (1) and (2) of this Standing Order shall meet within two sitting days of the naming of the Chair and the adoption of the motion appointing or referring the bill to the committee of which the membership has been reported.

Acting Chair of legislative committee.

(4) When the Chair appointed pursuant to section (2) of this Standing Order is unable to act in that capacity at or during a meeting of the legislative committee, the Chair shall designate a member of the committee to act as Chair at or during the said meeting and such an acting Chair shall be vested with all the powers of the Chair at or during the said meeting.

Powers of a legislative committee.

(5) Any legislative committee shall be empowered to examine and enquire into the bills referred to it by the House and to report the same with or without amendments, to prepare a bill pursuant to Standing Order 68 and to report thereon and, except when the House otherwise orders, to send for officials from government departments and agencies and crown corporations and for other persons whom the committee deems to be competent to appear as witnesses on technical matters, to send for papers and records, to sit when the House is sitting, to sit when the House stands adjourned, and to print from day to day such papers and evidence as may be ordered by it.

Subcommittee on agenda and procedure of a legislative committee.

(6) Any legislative committee may delegate to a subcommittee on agenda and procedure, its power to schedule meetings of the committee and to call for officials from government departments and agencies and crown corporations and for other persons whom the committee deems competent to appear before it as witnesses on technical matters, or to send for papers and records to be presented to the committee in relation to the bill before the committee, provided that the committee shall retain the power to approve such arrangements.

Membership


114.

Membership of standing and standing joint committees.

(1) The membership of standing and standing joint committees shall be set out in the report of the Standing Committee on Procedure and House Affairs, which shall prepare lists of members in accordance with Standing Order 104. Once the report of the Committee is concurred in, the membership shall continue from session to session within a Parliament, subject to such changes as may be effected from time to time. List of replacements may be filed with the clerk of the committee. List of replacements may be filed with the clerk of the committee.

List of replacements may be filed with the clerk of the committee.

(2)(a) Within five sitting days of the organization of any standing or standing joint committee, and from time to time thereafter, any member of every such committee may file with the clerk of the committee a list of not more than fourteen Members selected from Members of his or her own party, who may substitute for him or her during a meeting of the said committee, according to the procedure set out in paragraph (b) of this section, provided that they shall not become permanent members of the committee.

Substitutions in membership of standing and standing joint committees.

(b) Substitutions in the membership of any standing committee or, so far as the House is represented, on any standing joint committee shall be effective the day after notification thereof is forwarded, by a permanent member of the committee who has filed a list pursuant to paragraph (a) of this section, to the Chief Whip of his or her party (or, in the case of independent Members, the Chief Whip of the Official Opposition) for signature who, in turn, will forward the substitution to the clerk of the committee.

Substitutions by Chief Whip when no list filed or no notice received.

(c) At any time when no list has been filed with the clerk of the committee pursuant to paragraph (a) of this section or when no notice has been received by the clerk of the committee pursuant to paragraph (b) of this section, the Chief Whip of any recognized party may effect substitutions by filing notice thereof with the clerk of the committee, having selected the substitutes from among all the Members of his or her party and/or the independent members listed as associate members of the committee pursuant to Standing Order 104(4); and such substitutions shall be effective immediately they are received by the clerk of the committee.

Member’s resignation from committee, when effective.

(d) When a permanent member of a standing or standing joint committee gives notice in writing to the Chair of the Standing Committee on Procedure and House Affairs of his or her intention to give up his or her membership, that Member’s resignation shall be effective when a report of the Standing Committee on Procedure and House Affairs naming a replacement for him or her has been concurred in by the House.

Substitutions for Parliamentary Secretaries.

(e) In relation to Parliamentary Secretaries named pursuant to Standing Order 104(5), the Chief Government Whip may effect a substitution of one Parliamentary Secretary for another by filing notice thereof with the clerk of the committee and such a substitution shall be effective immediately when it is received by the clerk of the committee.

Parliamentary Secretary ineligible to act as a substitute if a non-voting member.

(f) A Parliamentary Secretary named as a non-voting member of a committee pursuant to Standing Order 104(5) shall not be eligible to act as a substitute for a member of that committee.

Changes in membership of legislative committees.

(3) Changes in the membership of any legislative committee shall be effective immediately after notification thereof, signed by the Chief Whip of any recognized party, has been filed with the clerk of the committee. Substitutions may be made in the same manner prescribed in section (2) of this Standing Order.

Changes in membership of standing committees.

(4) Changes in the membership of standing committees shall be effective when a report of the Standing Committee on Procedure and House Affairs to that effect is concurred in by the House.

Meetings


115.

Sittings of committees.

(1) Notwithstanding Standing Order 108(1)(a), no standing or standing joint committee shall sit at the same time as a legislative committee on a bill emanating from or principally affecting the same department or agency.

Priority during sittings of the House.

(2) During periods coinciding with the hours of sittings of the House, priority shall be given to the meetings of committees considering legislation or Estimates over meetings of committees considering other matters.

Priority during adjournments. Chief Government Whip to set schedules.

(3) During periods when the House stands adjourned, priority shall be given to meetings of standing, special and joint committees, according to the schedule established from time to time by the Chief Government Whip, in consultation with representatives of the other parties.

Priority of use in committee rooms.

(4) Priority of use in committee rooms shall be established from time to time by the Standing Committee on Procedure and House Affairs.

Suspension for a recorded division.

(5) Notwithstanding Standing Orders 108(1)(a) and 113(5), the Chair of a standing, special, legislative or joint committee shall suspend the meeting when the bells are sounded to call in the Members to a recorded division, unless there is unanimous consent of the members of the committee to continue to sit.


116.

Standing Orders apply generally.

(1) In a standing, special or legislative committee, the Standing Orders shall apply so far as may be applicable, except the Standing Orders as to the election of a Speaker, seconding of motions, limiting the number of times of speaking and the length of speeches.

End of debate.

(2)(a) Unless a time limit has been adopted by the committee or by the House, the Chair of a standing, special or legislative committee may not bring a debate to an end while there are members present who still wish to participate. A decision of the Chair in this regard may not be subject to an appeal to the committee.

(b) A violation of paragraph (a) of this section may be brought to the attention of the Speaker by any Member and the Speaker shall have the power to rule on the matter. If, in the opinion of the Speaker, such violation has occurred, the Speaker may order that all subsequent proceedings in relation to the said violation be nullified.


117.

Decorum in committee.

The Chair of a standing, special or legislative committee shall maintain order in the committee, deciding all questions of order subject to an appeal to the committee; but disorder in a committee can only be censured by the House, on receiving a report thereof.


118.

Quorum.

(1) A majority of the members of a standing, special or legislative committee shall constitute a quorum; provided that, in the case of a legislative committee, the Chair is not included in the number of members constituting a quorum. In the case of a joint committee, the number of members constituting a quorum shall be such as the House of Commons acting in consultation with the Senate may determine.

Meetings without quorum.

(2) The presence of a quorum shall be required whenever a vote, resolution or other decision is taken by a standing, special or legislative committee, provided that any such committee, by resolution thereof, may authorize the Chair to hold meetings in order to receive evidence and may authorize its printing when a quorum is not present.


119.

Only members may vote or move motion.

Any Member of the House who is not a member of a standing, special or legislative committee, may, unless the House or the committee concerned otherwise orders, take part in the public proceedings of the committee, but may not vote or move any motion, nor be part of any quorum.


119.1

Broadcasting of committee meetings.

(1) Any committee wishing to have its proceedings televised, other than by means of those facilities provided for that purpose by the House of Commons, shall first obtain the consent of the House thereto.

Report on guidelines. Electronic media.

(2) The Standing Committee on Procedure and House Affairs shall establish, by report to the House of Commons, guidelines governing the broadcasting of committee meetings. After concurrence by the House in such a report, any committee may permit the presence of the electronic media at its meetings, subject to the said guidelines.

Staff and Budgets


120.

Staff of committees.

Standing, special or legislative committees shall be severally empowered to retain the services of expert, professional, technical and clerical staff as may be deemed necessary.


121.

Interim spending authority. Budgets submitted to Board of Internal Economy.

(1) The Board of Internal Economy may give interim spending authority to standing, special and legislative committees. The committees shall be empowered to expend any amount up to the full spending authority so granted but shall not incur any further expenses until the Chair of that committee, or a member of the committee acting for the Chair, has presented to the Board a budget setting forth, in reasonable detail, estimates of its proposed expenditures for a specific period of time together with an account of its expenditures to that date, and until the said budget has been approved by the Board.

Budget and statement of expenditures to be presented as soon as practicable.

(2) Notwithstanding any spending authority granted by the Board of Internal Economy pursuant to section (1) of this Standing Order, the Chair of each such committee, or a member of the committee acting for the Chair shall, as soon as practicable, present the budget and statement of expenditures of the committee pursuant to section (1) of this Standing Order for the consideration by the Board.

Supplementary budgets.

(3) When the expenditures of any such committee have reached the limits set forth in any such budget, the committee shall not incur any further expenses until a supplementary budget or budgets has or have been presented to the Board of Internal Economy pursuant to section (1) of this Standing Order, and until the said budgets have been approved in whole or in part by the Board.

Annual financial report on committees.

(4) The Board of Internal Economy shall cause to be tabled in the House an annual comprehensive financial report, outlining the individual expenditures of every standing, special and legislative committee, provided that the Board may cause such reports to be so tabled at any time with respect to a specific committee.

Witnesses


122.

Certificate to obtain evidence.

If any Member files a certificate with the Chair of a committee of the House, stating that the evidence to be obtained from a particular person is, in his or her opinion, material and important, the Chair shall apprise the committee thereof.

CHAPTER XIV

DELEGATED LEGISLATION


123.

Report may contain a resolution.

(1) In addition to the powers granted, so far as this House is concerned, to the Standing Joint Committee for the Scrutiny of Regulations, pursuant to Standing Order 108(4), the said Committee shall be empowered to make a report to the House containing only a resolution that all or any portion of a regulation that stands permanently referred to the Committee be revoked.

Notification of authorized authority.

(2) No report pursuant to section (1) of this Standing Order may be made unless the authority authorized to make the regulation has been notified, at least 30 days before the Committee adopts the report, that the Committee intends to consider the report, and if the regulation is authorized to be made by the Governor in Council, the notice must be given to the Minister responsible for the provision under which the regulation may be made.

Only one report to be presented in the same sitting.

(3) Not more than one report pursuant to section (1) of this Standing Order shall be received during any sitting.

Member presenting report to state that it contains a resolution and shall identify the regulation.

(4) When any report is made pursuant to section (1) of this Standing Order, the Member presenting it shall state that it contains a resolution pursuant to section (1) of this Standing Order, shall identify the regulation, or portion thereof, in relation to which the said report is made, shall indicate that the relevant text is included in the report, and shall state that notification has been given in accordance with section (2) of this Standing Order.

Resolution placed on Notice Paper in name of Member presenting report. Only one such motion allowed.

(5) Immediately after the said report is received and laid upon the Table, the Clerk of the House shall cause to be placed on the Notice Paper, the resolution contained in the report, which shall stand in the name of the Member presenting the report. The resolution shall not be placed on the Notice Paper in the name of any other Member and no notice of motion for concurrence in the report shall be placed on the Notice Paper.


124.

Resolution deemed adopted. Motion of Minister that resolution not be adopted.

Except as otherwise provided in any Standing or Special Order of the House, when a notice of a resolution given pursuant to Standing Order 123(5) is transferred to the Order Paper under “Motions”, it shall be deemed to have been moved and adopted by the House at the ordinary hour of daily adjournment on the fifteenth sitting day after the report is presented pursuant to Standing Order 123(1), unless a motion for which notice has been given pursuant to Standing Order 54, standing in the name of a Minister, to the effect that the resolution not be adopted, has been placed on the Order Paper.


125.

Motion adopted and resolution deemed withdrawn.

(1) When a motion for which notice has been given pursuant to Standing Order 124 has been adopted by the House, the corresponding resolution standing on the Order Paper pursuant to Standing Order 123(5) shall be deemed withdrawn.

Motion negatived and resolution deemed adopted.

(2) When a motion for which notice has been given pursuant to Standing Order 124 has been negatived, the corresponding resolution standing on the Order Paper pursuant to Standing Order 123(5) shall be deemed to have been moved and adopted by the House.


126.

Time limit on debate.

(1) A notice given pursuant to Standing Order 124 shall be taken up and considered for a period not exceeding one hour, provided that:

Time limit on speeches.

(a) during the consideration of any such motion or motions, no Member shall speak more than once or for more than ten minutes;

Procedural acceptability of a report. Resolution and motion deemed withdrawn.

(b) for the purposes of this Standing Order and notwithstanding the usual practices of the House, no consideration of the procedural acceptability of any report made pursuant to Standing Order 123(1) shall be entertained until all of the motions of which notice of consideration had previously been given pursuant to Standing Order 124, have been put to the House for its consideration. If any report made pursuant to Standing Order 123(1) is found to be irreceivable, the resolution based on that report made pursuant to Standing Order 123(5) and the corresponding notice of motion given by the Minister pursuant to Standing Order 124 shall be deemed to have been withdrawn; and

Putting of questions. Deferring divisions. Length of bells.

(c) unless the motion or motions be previously disposed of, not later than the end of the said hour of consideration, the Speaker shall interrupt any proceedings then before the House and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the said motion or motions, provided that any division or divisions demanded in relation thereto shall stand deferred until no later than the ordinary hour of daily adjournment in that sitting, when the bells to call in the Members shall be sounded for not more than fifteen minutes. Any remaining questions necessary to dispose of proceedings in relation to such motion or motions, on which a decision has been deferred until after the taking of such a division, shall be put forthwith and successively, without further debate or amendment.

Division not to be further deferred.

(2) The provisions of Standing Order 45(5) shall be suspended in the case of any division demanded pursuant to paragraph (c) of section (1) of this Standing Order.

Adjournment hour suspended.

(3) The Standing Orders relating to the ordinary hour of daily adjournment shall be suspended until all questions have been decided pursuant to paragraph (c) of section (1) of this Standing Order.


127.

Order in which motions are set down for consideration. Grouping of motions.

The House shall undertake consideration of any motion or motions made pursuant to Standing Order 124 in the order in which they may be set down for consideration at the request of a Minister of the Crown, provided that all such motions shall be grouped together for debate.


128.

Motions for concurrence to be taken up on a Wednesday.

(1) When a notice or notices of motion given pursuant to Standing Order 124 has or have been set down for consideration on the Order Paper, the House shall meet at 1:00 p.m. on the Wednesday next, at which time the order of business shall be the consideration of the said notice or notices.

Consideration.

(2) When the House meets at 1:00 p.m. on any Wednesday pursuant to section (1) of this Standing Order, the House shall not consider any other item but those provided pursuant to that section, provided that:

(a) if such proceedings are concluded prior to 2:00 p.m. on any such day, the Speaker shall suspend the sitting until that hour; and

(b) all such proceedings shall be concluded except as provided pursuant to Standing Order 126(1)(c) at 2:00 p.m. on the same day.

CHAPTER XV

PRIVATE BILLS

Notices


129.

Publication of Standing Order.

At the beginning of a session, the Clerk of the House shall publish in the Canada Gazette the Standing Order respecting notices of intended applications for private bills. Thereafter, the Clerk of the House shall publish weekly in the Canada Gazette a notice referring to the previous publication of the aforementioned Standing Order.


130.

Publication of notices.

(1) All applications to Parliament for private bills, of any nature whatsoever, shall be advertised by a notice published in the Canada Gazette; such notice shall clearly and distinctly state the nature and objects of the application, and shall be signed by or on behalf of the applicants, with the address of the party signing the same; and when the application is for an Act of incorporation, the name of the proposed company shall be stated in the notice. If the works of any company (incorporated, or to be incorporated) are to be declared to be for the general advantage of Canada, such intention shall be specifically mentioned in the notice; and the applicants shall cause a copy of such notice to be sent by registered letter to the clerk of each county or municipality which may be specially affected by the construction or operation of such works, and also to the secretary of he province in which such works are, or may be located. Every such notice sent by registered letter shall be mailed in time to reach its destination not later than two weeks before the consideration of the proposed bill by the committee to which it may be referred; and proof of compliance with this requirement by the applicants shall be established by statutory declaration.

Additional notice.

(2) In addition to the notice in the Canada Gazette aforesaid, a similar notice shall also be published in some leading newspaper as follows:

In case of incorporation.

(a) when the application is for an Act to incorporate:

Railway or canal company.

(i) a railway or canal company: in the principal city, town or village in each county or district, through which the proposed railway or canal is to be constructed;

Telegraph or telephone company.

(ii) a telegraph or telephone company: in the principal city or town in each province or territory in which the company proposes to operate;

Construction of works. Exclusive rights.

(iii) a company for the construction of any works which in their construction or operation might specially affect the particular locality; or obtaining any exclusive rights or privileges; or for doing any matter or thing which in its operation would affect the rights or property of others: in the particular locality or localities in which the business, rights or property of other persons or corporations may be affected by the proposed Act; and

Banking, insurance, trust, loan company or industrial company.

(iv) a banking company; an insurance company; a trust company; a loan company; or an industrial company without any exclusive powers: in the Canada Gazette only.

In case of amending Act.

(b) when the application is for the purpose of amending an existing Act:

Extension of railway.

(i) for an extension of any line of railway, or of any canal; or for the construction of branches thereto: in the place where the head office of the company is situated, and in the principal city, town or village in each county or district through which such extension or branch is to be constructed;

Extension of time.

(ii) for an extension of time for the construction or completion of any line of railway or of any branch or extension thereof, or of any canal, or of any telegraph or telephone line, or of any other works already authorized: at the place where the head office of the company is situated and in the principal city or town of the districts affected; and

Continuation of charter.

(iii) for the continuation of a charter or for an extension of the powers of the company (when not involving the granting of any exclusive rights) or for the increase or reduction of the capital stock of any company; or for increasing or altering its bonding or other borrowing powers; or for any amendment which would in any way affect the rights or interests of the shareholders or bondholders or creditors of the company: in the place where the head office of the company is situated or authorized to be.

Exclusive rights.

(c) when the application is for the purpose of obtaining for any person or existing corporation any exclusive rights or privileges or the power to do any matter or thing which in its operation would affect the rights or property of others: in the particular locality or localities in which the business, rights or property of others may be specially affected by the proposed Act.

Duration of notice.

(3) All such notices, whether inserted in the Canada Gazette or in a newspaper, shall be published at least once a week for a period of four consecutive weeks; and when originating in the Province of Quebec or in the Province of Manitoba shall be published in English in an English newspaper and in French in a French newspaper, and in both languages in the Canada Gazette, and if there is no newspaper in a locality where a notice is required to be given, such notice shall be given in the next nearest locality wherein a newspaper is published; and proof of the due publication of notice shall be established in each case by statutory declaration; and all such declarations shall be sent to the Clerk of the House endorsed “Private Bill Notice.”

Petition


131.

Petition filed with Clerk of the House.

(1) A petition for a private bill may be presented by a Member at any time during the sitting of the House by filing the same with the Clerk of the House.

Members answerable.

(2) Members presenting petitions for private bills shall be answerable that such petitions do not contain impertinent or improper matter.

Member’s signature.

(3) Every Member presenting a petition for a private bill shall sign his or her name on the back thereof.

Signatures of petitioners.

(4) Petitions for private bills may be either written or printed; provided always that when there are three or more petitioners the signatures of at least three petitioners shall be subscribed on the sheet containing the prayer of the petition.

Report of Clerk of Petitions.

(5) On the next day following the presentation of a petition for a private bill, the Clerk of the House shall lay upon the Table the report of the Clerk of Petitions thereon and such report shall be printed in the Journals. Every petition so reported upon, not containing matter in breach of the privileges of this House and which, according to the Standing Orders or practice of this House, can be received, shall then be deemed to be read and received.

No debate on report. Petition may be read.

(6) No debate shall be permitted on the report but a petition referred to therein may be read by the Clerk of the House at the Table, if required.

NOTE: For greater certainty, only paper petitions shall apply for the purposes of this Standing Order.


132.

Deleted (June 10, 1994).


133.

Examiner of petitions for private bills.

(1) The Chief Clerk of Private Bills shall be the Examiner of Petitions for Private Bills.

Report to the House.

(2) Petitions for private bills, when received by the House, are to be taken into consideration by the Examiner who shall report to the House in each case the extent to which the requirements of the Standing Orders regarding notice have been complied with; and in every case where the notice is reported by the Examiner to have been insufficient or otherwise defective, or if the Examiner reports that there is any doubt as to the sufficiency of the notice as published, the petition, together with the report of the Examiner thereon, shall be taken into consideration, without special reference, by the Standing Committee on Procedure and House Affairs, which shall report to the House as to the sufficiency or insufficiency of the notice, and where the notice is deemed insufficient or otherwise defective, shall recommend to the House the course to be taken in consequence of such deficiency or other defect.

Private bills from Senate.

(3) All private bills from the Senate (not being based on a petition which has already been so reported on) shall be first taken into consideration and reported on by the Examiner of Petitions, and when necessary by the Standing Committee on Procedure and House Affairs in like manner, after the first reading of such bills, and before their consideration by any other legislative committee.

Map or plan with petition.

(4) No petition praying for the incorporation of a railway company, or of a canal company, or for an extension of the line of any existing or authorized railway or canal, or for the construction of branches thereto, shall be considered by the Examiner, or by the Standing Committee on Procedure and House Affairs, until there has been filed with the said Examiner a map or plan, showing the proposed location of the works, and each county, township, municipality or district through which the proposed railway or canal, or any branch or extension thereof, is to be constructed.

NOTE: For greater certainty, only paper petitions shall apply for the purposes of this Standing Order.

Fees and Charges


134.

Time limited for depositing bill. Printing and translation cost.

(1) Any person desiring to obtain any private bill shall deposit with the Clerk of the House not later than the first day of each session, a copy of such bill in the English or French language, with a sum sufficient to pay for translating and printing the same; the translation to be done by the officers of the House, and the printing by the Department of Public Printing.

Cost of printing the Act.

(2) After the second reading of a bill, and before its consideration by the committee to which it is referred, the applicant shall in every case pay the cost of printing the Act in the Statutes, and a fee of $500.

Other charges.

(3) The following charges shall also be levied and paid in addition to the foregoing:

(a) when any Standing Order of the House is suspended in reference to a bill or the petition therefor, for each such suspension: $100

(b) when a bill is presented in the House after the eighth week of the session and not later than the twelfth week: $100

(c) when a bill is presented in the House after the twelfth week of the session: $200

(d) when the proposed capital stock of a company does not exceed $250,000: $100

(e) when the proposed capital stock of a company is over $250,000 and does not exceed $500,000: $200

(f) when the proposed capital stock of a company is over $500,000 and does not exceed $750,000: $300

(g) when the proposed capital stock of a company is over $750,000 and does not exceed $1,000,000: $400

(h) when the proposed capital stock of a company is over $1,000,000 and does not exceed $1,500,000: $600

(i) when the proposed capital stock of a company is over $1,500,000 and does not exceed $2,000,000: $800

(j) for every additional million dollars or fractional part thereof: $200

Capital increased.

(4) When a bill increases the capital stock of an existing company, the additional charge shall be according to the foregoing tariff, upon the amount of the increase only.

Borrowing powers increased.

(5)(a) When a bill increases or involves an increase in the borrowing powers of a company without any increase in the capital stock, the additional charge shall be $300.

Increase of capital and borrowing powers.

(b) When a bill increases both the capital stock and the borrowing powers of a company, the additional charge shall be made upon both.

Bill stands until charges are paid.

(6) If any increase in the amount of the proposed capital stock or borrowing powers of a company be made at any stage of a bill, such bill shall not be advanced to the next stage until the charges consequent upon such change have been paid.

Interpretation.

(7) In this Standing Order the term “proposed capital stock” includes any increase thereto provided for in the bill; and where power is taken in a bill to increase at any time the amount of the proposed capital stock, the additional charge shall be levied on the maximum amount of such proposed increase which shall be stated in the bill.

Additional charges apply to Senate bills.

(8) The additional charges provided for in this Standing Order shall also apply to private bills originating in the Senate; provided, however, that if a petition for any such bill has been filed with this House, the additional charges made under paragraphs (b) or (c) of section (3) shall not be levied thereon.

Collection of fees.

(9) The Chief Clerk of Private Bills shall prepare and send to the promoter or parliamentary agent in charge of every private bill a statement of fees and charges payable under this Standing Order, and shall collect all such fees and charges and deposit the same with the accountant of the House and shall send a copy of each such deposit slip to the Clerk of the House.

Introduction and Readings


135.

Private bills introduced on petition.

(1) All private bills are introduced on petition, and after such petition has been favourably reported upon by the Examiner of Petitions or by the Standing Committee on Procedure and House Affairs, such bills shall be laid upon the Table of the House by the Clerk, and shall be deemed to have been read a first time and ordered to be printed, and to have been ordered for a second reading when so laid upon the Table, and so recorded in the Journals.

Senate bills deemed read a first time.

(2) When the Speaker informs the House that any private bill has been brought from the Senate, the bill shall be deemed to have been read a first time and ordered for a second reading and reference to a legislative committee at the next sitting of the House and so recorded in the Journals.


136.

Examiner of private bills.

(1) The Chief Clerk of Private Bills shall be the Examiner of Private Bills, and, as such, shall examine and revise all private bills before they are printed, for the purpose of insuring uniformity where possible and of seeing that they are drawn in accordance with the Standing Orders of the House respecting private bills.

Model bill.

(2) Every bill for an Act of incorporation, where a form of model bill has been adopted, shall be drawn in accordance with a model bill (copies of model bills may be obtained from the Clerk of the House). Any provisions contained in any such bill which are not in accord with the model bill shall be inserted between brackets or underlined, and shall be so printed.

Amending bill.

(3) Where a private bill amends any section, subsection or paragraph of an existing Act, such section, subsection or paragraph shall be repealed in the text of the bill and re-enacted as proposed to be amended, the new matter being indicated by underlining; and the section, subsection or paragraph which is to be so repealed, or so much thereof as is essential, shall be printed in the right-hand page opposite such section, subsection or paragraph.

When a repeal is involved.

(4) When a private bill repeals an existing section, subsection, or other minor division of a section, that section, subsection or division, or so much thereof as is essential, shall be printed opposite the clause.

Explanatory note where necessary.

(5) A brief explanatory note giving the reasons for any clause of an unusual nature or which differs from the model bill clauses or standard clauses shall be printed opposite the clause in the bill.


137.

Map or plan with bill.

No bill for the incorporation of a railway or canal company, or for authorizing the construction of branch lines or extensions of existing lines of railways or of canals, or for changing the route of the railway or of the canal of any company already incorporated, shall be considered by a legislative committee, until there has been filed with the committee, at least one week before the consideration of the bill, a map or plan drawn upon a scale of not less than half an inch to the mile, showing the location upon which it is intended to construct the proposed work, and showing also the lines of existing or authorized works of a similar character within, or in any way affecting the district, or any part thereof, which the proposed work is intended to serve; and such map or plan shall be signed by the engineer or other person making same.


138.

Bills confirming agreements.

When any bill for confirming any agreement is presented to the House, a true copy of such agreement must be attached to it.


139.

Instruction to committees in certain cases.

That it be an instruction to all committees on private bills, in the event of promoters not being ready to proceed with their measures when the same have been twice called on two separate occasions for consideration by the committee, that such measures shall be reported back to the House forthwith, together with a statement of the facts and with the recommendation that such bills be withdrawn.


140.

Suspension of rules.

No motion for the suspension or modification of any provision of the Standing Orders applying to private bills or to petitions for private bills shall be entertained by the House until after reference is made to the Standing Committee on Procedure and House Affairs, and a report made thereon by the Committee and, in its report, the Committee shall state the grounds for recommending such suspension or modification.


141.

Bills and petitions referred to committee.

(1) Every private bill, when read a second time stands referred to a legislative committee, and all petitions for or against the bills are considered as referred to the same committee.

Notice of sitting of committee.

(2)(a) No committee on any private bill originating in this House is to consider the same until after one week’s notice of the sitting of such committee has been first affixed in the lobby; nor, in the case of any such bill originating in the Senate, until after twenty-four hours’ like notice.

Notice to be appended to Journals.

(b) On the day of the posting of any bill under this section, the Clerk of the House shall cause a notice of such posting to be appended to the Journals.

Voting in committee. Chair votes.

(3) All questions before committees on private bills are decided by a majority of voices including the voice of the Chair; and whenever the voices are equal, the Chair has a second or casting vote.

Provision not covered by notice.

(4) It is the duty of the committee to which any private bill may be referred by the House, to call the attention of the House specially to any provisions inserted in such bill that do not appear to have been contemplated in the notice or petition for the same, as reported upon by the Examiner of Petitions or by the Standing Committee on Procedure and House Affairs; and any private bill so reported shall not be placed on the Order Paper for consideration until a report has been made by the Examiner as to the sufficiency or otherwise of the notice to cover such provisions.

All bills to be reported.

(5) The committee to which a private bill may have been referred shall report the same to the House in every case.

When preamble not proven.

(6) When the committee on any private bill reports to the House that they have made any material change in the preamble of a bill, the reasons for making such change shall be stated in their report; and if they report that the preamble of a bill has not been proved to their satisfaction, they must also state the grounds upon which they have arrived at such a decision; and no bill, the preamble of which has been reported as not proven shall be placed upon the Orders of the Day unless by Special Order of the House.

Chair to sign bills and to initial amendments.

(7) The Chair of the committee shall sign with his or her name at length a printed copy of the bill, and shall also sign with the initials of his or her name, the preamble and the various sections of the bill and also any amendments which may be made or clauses added in committee; and another copy of the bill with the amendments, if any, written thereon shall be prepared by the clerk of the committee, who shall sign the bill with his or her name at length and shall also sign with the initials of his or her name the preamble and the various sections adopted by the committee, and any amendments which may have been made thereto, and shall file the same with the Clerk of the House or attach it to the report of the committee.

Reprinting of bills when amended.

(8) Private bills amended by any committee may be reprinted by order of such committee; or after being reported, and before consideration in the House, may be reprinted in whole or in part as the Clerk of the House may direct; and the cost of such reprinting shall, in either case, be added to the cost of the first printing of the bill and be payable by the promoter of the same.


142.

Notice of amendments.

No important amendment may be proposed to any private bill in the House unless one day’s notice of the same has been given.


143.

Amendments by the Senate.

When any private bill is returned from the Senate with amendments, the same not being merely verbal or unimportant, such amendments are, previous to the second reading, referred to the committee to which such bill was originally referred.

Record and Lists


144.

Record of private bills.

A record shall be kept in the private bills office of the name, description, and place of residence of the parties applying for a private bill or of their agent, the amount of fees paid, and all the proceedings thereon, from the time of the deposit of the bill with the Clerk of the House to the passage of the bill; such record to specify briefly each proceeding in the House or in any committee to which the bill or the petition may be referred, and the day on which the committee is appointed to sit; such record shall be open to public inspection during office hours.


145.

List of bills posted in lobbies.

(1) Lists of all private bills which have been referred to any committee shall be prepared daily by the Chief Clerk of Private Bills, specifying the committee to which each bill has been referred and the date on or after which the bill may be considered by such committee, and shall cause the same to be hung up in the lobby.

Publication of committee meetings.

(2) A list of committee meetings shall be prepared from time to time as arranged, by the Chief Clerk of Private Bills, stating the day and hour of each such meeting, and the room in which it is to be held, which list shall be hung up in the lobby on the day previous to that on which the meeting is to be held.

Parliamentary Agent


146.

Authority conferred by the Speaker.

(1) No person shall act as parliamentary agent conducting proceedings before the House of Commons or its committees without the express sanction and authority of the Speaker, and all such agents shall be personally responsible to the House and to the Speaker, for the observance of the rules, orders and practice of Parliament and rules prescribed by the Speaker, and also for the payment of all fees and charges.

List of agents.

(2) A list of such persons shall be kept by the Chief Clerk of Private Bills and a copy filed with the Clerk of the House.

Fee per session.

(3) No person shall be allowed to be registered as a parliamentary agent during any session unless he or she has paid a fee of twenty-five dollars for such session and is actually employed in promoting or opposing some private bill or petition pending in Parliament during that session.

Liability of agents.

(4) Any parliamentary agent who wilfully acts in violation of the Standing Orders and practice of Parliament, or of any rules to be prescribed by the Speaker, or who wilfully misconducts himself or herself in prosecuting any proceedings before Parliament, shall be liable to an absolute or temporary prohibition to practice as a parliamentary agent, at the pleasure of the Speaker; provided, that upon the application of such agent, the Speaker shall state in writing the ground for such prohibition.

Application of Standing Orders


147.

Standing Orders apply to private bills.

Except as herein otherwise provided, the Standing Orders relating to public bills shall apply to private bills.

CHAPTER XVI

HOUSE ADMINISTRATION


148.

Report of the proceedings of Board of Internal Economy.

(1) The Speaker shall, within ten days after the opening of each session, lay upon the Table of the House a report of the proceedings for the preceding session of the Board of Internal Economy.

Report on committee budgets.

(2) The Speaker shall, as soon as the Board of Internal Economy has reached a decision concerning any budget or supplementary budget presented to it pursuant to sections (1) and (2) of Standing Order 121, lay upon the Table the record of the Board’s decision.


149.

Deleted (June 10, 1994).


150.

Deleted (June 10, 1994).


151.

Safekeeping of records. Control of officers and staff.

The Clerk of the House is responsible for the safekeeping of all the papers and records of the House, and has the direction and control over all the officers and clerks employed in the offices, subject to such orders as the Clerk may, from time to time, receive from the Speaker or the House.


152.

Order Paper for Speaker.

The Clerk of the House shall place on the Speaker’s table, every morning, previous to the meeting of the House, the order of the proceedings for the day.


153.

List of documents to be tabled.

At the commencement of every session of Parliament, the Law Clerk of the House shall make available to each Member, in printed or electronic form, a list of the reports or other periodical statements which it is the duty of any officer or department of the government, or any bank or other corporate body to make to the House, referring to the Act or resolution, and page of the volume of the laws or Journals wherein the same may be ordered; and placing under the name of each officer or corporation a list of reports or returns required to be made, and the time when the report or periodical statement may be expected.


154.

Messages to and from the Senate.

A Clerk of this House may be the bearer of messages from this House to the Senate. Messages from the Senate may be received at the bar by a Clerk of this House, as soon as announced by the Sergeant-at-Arms, at any time while the House is sitting, or in committee, without interrupting the business then proceeding.


155.

Deleted (June 10, 1994).


156.

Non-substantive corrections to a bill.

(1) The Law Clerk of the House may, as required at any stage in the legislative process, make minor non-substantive corrections to a bill, including corrections:

(a) to remove technical, typographical, grammatical or punctuation errors;

(b) to the Table of Provisions, the Summary or the marginal notes to take into account substantive amendments made to the bill during the legislative process;

(c) to the numbering of provisions as a consequence of amendments made to the bill during the legislative process;

(d) to cross-references as a consequence of corrections made under paragraph (c);

(e) to modify, add or remove headings as a consequence of amendments made to the bill during the legislative process, to ensure that the headings correspond with the provisions that follow them; and

(f) to coordinating amendments as a consequence of the enactment of any provision referred to in those amendments.

Report of corrections.

(2) The Law Clerk of the House shall report any corrections made under subsection (1) to the Clerk of the House, as the Clerk may from time to time require.


157.

Safekeeping of the Mace.

(1) The Sergeant-at-Arms is responsible for the safekeeping of the Mace.

Other responsibilities of Sergeant-at-Arms.

(2) The Sergeant-at-Arms serves all Orders of the House upon those whom they may concern and is entrusted with the execution of warrants issued by the Speaker. The Sergeant-at-Arms issues cards of admission to, and preserves order in, the galleries, corridors, lobbies and other parts of the House of Commons.


158.

Conduct of strangers.

Any stranger admitted into any part of the House or gallery who misconducts himself or herself, or does not withdraw when strangers are directed to withdraw, while the House or any Committee of the Whole House is sitting, shall be taken into custody by the Sergeant-at-Arms; and no person so taken into custody shall be discharged without a Special Order of the House.


159.

Completion of work at close of session.

It is the duty of the officers of this House to complete and finish the work remaining at the close of the session.

CHARLES ROBERT

CLERK OF THE HOUSE OF COMMONS

APPENDIX I

CONFLICT OF INTEREST CODE FOR MEMBERS OF THE HOUSE OF COMMONS

Purposes


1.

The purposes of this Code are to

(a) maintain and enhance public confidence and trust in the integrity of Members as well as the respect and confidence that society places in the House of Commons as an institution;

(b) demonstrate to the public that Members are held to standards that place the public interest ahead of their private interests and to provide a transparent system by which the public may judge this to be the case;

(c) provide for greater certainty and guidance for Members in how to reconcile their private interests with their public duties and functions; and

(d) foster consensus among Members by establishing common standards and by providing the means by which questions relating to proper conduct may be answered by an independent, non-partisan adviser.

Principles


2.

Given that service in Parliament is a public trust, the House of Commons recognizes and declares that Members are expected

(a) to serve the public interest and represent constituents to the best of their abilities;

(b) to fulfill their public duties with honesty and uphold the highest standards so as to avoid real or apparent conflicts of interests, and maintain and enhance public confidence and trust in the integrity of each Member and in the House of Commons;

(c) to perform their official duties and functions and arrange their private affairs in a manner that bears the closest public scrutiny, an obligation that may not be fully discharged by simply acting within the law;

(d) to arrange their private affairs so that foreseeable real or apparent conflicts of interest may be prevented from arising, but if such a conflict does arise, to resolve it in a way that protects the public interest; and

(e) not to accept any gift or benefit connected with their position that might reasonably be seen to compromise their personal judgment or integrity except in accordance with the provisions of this Code.

Interpretation


3.

Definitions.

(1) The following definitions apply in this Code.

“all-party caucus” « caucus multipartite ».

“all-party caucus” means a caucus open to all political parties.

“benefit” « avantage ».

“benefit” means

(a) an amount of money if there is no obligation to repay it; and

(b) a service or property, or the use of property or money that is provided without charge or at less than its commercial value, other than a service provided by a volunteer working on behalf of a Member;

but does not include a benefit received from a riding association or a political party.

“Commissioner” « commissaire ».

“Commissioner” means the Conflict of Interest and Ethics Commissioner appointed under section 81 of the Parliament of Canada Act.

“common-law partner” « conjoint de fait ».

“common-law partner”, with respect to a Member, means a person who is cohabiting with the Member in a conjugal relationship, having so cohabited for a period of at least one year.

“spouse” « époux ».

“spouse”, with respect to a Member, does not include a person from whom the Member is separated where all support obligations and family property have been dealt with by a separation agreement or by a court order.

Furthering private interests.

(2) Subject to subsection (3), a Member is considered to further a person’s private interests, including his or her own private interests, when the Member’s actions result, directly or indirectly, in any of the following

(a) an increase in, or the preservation of, the value of the person’s assets;

(b) the extinguishment, or reduction in the amount, of the person’s liabilities;

(c) the acquisition of a financial interest by the person;

(d) an increase in the person’s income from a source referred to in subsection 21(2);

(e) the person becoming a director or officer in a corporation, association or trade union; and

(f) the person becoming a partner in a partnership.

Not furthering private interests.

(3) For the purpose of this Code, a Member is not considered to further his or her own private interests or the interests of another person if the matter in question

(a) is of general application;

(b) affects the Member or the other person as one of a broad class of the public;

(b.1) consists of being a party to a legal action relating to actions of the Member as a Member of Parliament; or

(c) concerns the remuneration or benefits of the Member as provided under an Act of Parliament.

Family members.

(4) The following are the members of a Member’s family for the purposes of this Code:

(a) the Member’s spouse or common-law partner; and

(b) a son or daughter of the Member, or a son or daughter of the Member’s spouse or common-law partner, who has not reached the age of 18 years or who has reached that age but is primarily dependent on the Member or the Member’s spouse or common-law partner for financial support.


3.1

Interpretation: purposes and principles.

In interpreting and applying Members’ obligations under this Code, the Commissioner may have regard to the purposes and principles in sections 1 and 2.

Application


4.

Application to Members.

The provisions of this Code apply to conflicts of interest of all Members of the House of Commons when carrying out the duties and functions of their office as Members of the House, including Members who are ministers of the Crown or parliamentary secretaries.


5.

Assisting constituents.

A Member does not breach this Code if the Member’s activity is one in which Members normally and properly engage on behalf of constituents.


6.

Jurisdiction of the Board of Internal Economy.

Nothing in this Code affects the jurisdiction of the Board of Internal Economy of the House of Commons to determine the propriety of the use of any funds, goods, services or premises made available to Members for carrying out their parliamentary duties and functions.


7.

Activities outside Parliament.

Nothing in this Code prevents Members who are not ministers of the Crown or parliamentary secretaries from any of the following, as long as they are able to fulfill their obligations under this Code:

(a) engaging in employment or in the practice of a profession;

(b) carrying on a business;

(c) being a director or officer in a corporation, association, trade union or non-profit organization; and

(d) being a partner in a partnership.

Rules of Conduct


8.

Furthering private interests.

When performing parliamentary duties and functions, a Member shall not act in any way to further his or her private interests or those of a member of the Member’s family, or to improperly further another person’s or entity’s private interests.


9.

Using influence.

A Member shall not use his or her position as a Member to influence a decision of another person so as to further the Member’s private interests or those of a member of his or her family, or to improperly further another person’s or entity’s private interests.


10.

Insider information.

(1) A Member shall not use information obtained in his or her position as a Member that is not generally available to the public to further the Member’s private interests or those of a member of his or her family, or to improperly further another person’s or entity’s private interests.

Information not to be communicated.

(2) A Member shall not communicate information referred to in subsection (1) to another person if the Member knows, or reasonably ought to know, that the information may be used to further the Member’s private interests or those of a member of his or her family, or to improperly further another person’s or entity’s private interests.


11.

Attempts.

A Member shall not attempt to engage in any of the activities prohibited under sections 8 to 10.


12.

Disclosure of a private interest: House and committee.

(1) A Member who has a private interest that might be affected by a matter that is before the House of Commons or a committee of which the Member is a member shall, if present during consideration of the matter, disclose orally or in writing the general nature of the private interest at the first opportunity. The general nature of the private interest shall be disclosed forthwith in writing to the Clerk of the House.

Subsequent disclosure.

(2) If a Member becomes aware at a later date of a private interest that should have been disclosed in the circumstances of subsection (1), the Member shall make the required disclosure forthwith.

Disclosure recorded.

(3) The Clerk of the House shall cause the disclosure to be recorded in the Journals and shall send the disclosure to the Commissioner, who shall file it with the Member’s public disclosure documents.

Disclosure of a private interest: other circumstances.

(4) In any circumstances other than those in subsection (1) that involve the Member’s parliamentary duties and functions, a Member who has a private interest that might be affected shall disclose orally or in writing the general nature of the private interest at the first opportunity to the party concerned. The Member shall also file a notice in writing concerning the private interest with the Commissioner, who shall file it with the Member’s public disclosure documents.


13.

Debate and voting.

A Member shall not participate in debate on or vote on a question in which he or she has a private interest.


13.1

Private interest.

For the purpose of sections 12 and 13, “private interest” means those interests that can be furthered in subsection 3(2), but does not include the matters listed in subsection 3(3).


14.

Prohibition: gifts and other benefits.

(1) Neither a Member nor any member of a Member’s family shall accept, directly or indirectly, any gift or other benefit, except compensation authorized by law, that might reasonably be seen to have been given to influence the Member in the exercise of a duty or function of his or her office.

(1.1) For greater certainty, subsection (1) applies to gifts or other benefits:

(a) related to attendance at a charitable or political event; and

(b) received from an all-party caucus established in relation to a particular subject or interest.

Exception.

(2) Despite subsection (1), a Member or a member of a Member’s family may accept gifts or other benefits received as a normal expression of courtesy or protocol, or within the customary standards of hospitality that normally accompany the Member’s position.

Statement: gift or other benefit.

(3) If gifts or other benefits that are related to the Member’s position are accepted under this section and have a value of $200 or more, or if the total value of all such gifts or benefits received from one source in a 12-month period is $200 or more, the Member shall, within 60 days after receiving the gifts or other benefits, or after that total value is exceeded, file with the Commissioner a statement disclosing the nature of the gifts or other benefits, their source and the circumstances under which they were given.

Exception.

(4) Any disclosure made pursuant to the requirements of section 15 does not need to be disclosed as a gift or other benefit under subsection (3).


15.

Sponsored travel.

(0.1) Despite subsection 14(1), a Member may accept, for the Member and guests of the Member, sponsored travel that arises from or relates to his or her position.

Statement: sponsored travel.

(1) If travel costs exceed $200 and those costs are not wholly paid from the Consolidated Revenue Fund or by the Member personally, his or her political party or any parliamentary association recognized by the House, the Member shall, within 60 days after the end of the trip, file a statement with the Commissioner disclosing the trip.

Content of statement.

(2) The statement shall disclose the name of the person or organization paying the travel costs, the name of any person accompanying the Member, the destination or destinations, the purpose and length of the trip, the nature of the benefits received and the value, including supporting documents for transportation and accommodation.

Publication.

(3) By March 31 of each year, the Commissioner shall prepare a list of all sponsored travel for the previous calendar year, including the details set out in subsection (2), and the Speaker shall lay the list upon the Table when the House next sits.


16.

Government contracts.

(1) A Member shall not knowingly be a party, directly or through a subcontract, to a contract with the Government of Canada or any federal agency or body under which the Member receives a benefit unless the Commissioner is of the opinion that the contract is unlikely to affect the Member’s obligations under this Code.

Clarification.

(2) A Member may participate in a program operated or funded, in whole or in part, by the Government of Canada under which the Member receives a benefit if

(a) the Member meets the eligibility requirements of the program;

(b) the Member does not receive any preferential treatment with respect to his or her participation; and

(c) the Member does not receive any special benefit not available to other participants.


17.

Public corporations.

(1) A Member is not prohibited from owning securities in a public corporation that contracts with the Government of Canada unless the Commissioner is of the opinion that the size of the holdings is so significant that it is likely to affect the Member’s obligations under this Code.

Trust.

(2) If the Commissioner is of the opinion that the Member’s obligations under this Code are likely to be affected under the circumstances of subsection (1), the Member may comply with the Code by placing the securities in a trust under such terms established in section 19 as the Commissioner considers appropriate.


18.

Partnerships and private corporations.

A Member shall not have an interest in a partnership or in a private corporation that is a party, directly or through a subcontract, to a contract with the Government of Canada under which the partnership or corporation receives a benefit unless the Commissioner is of the opinion that the interest is unlikely to affect the Member’s obligations under this Code.


19.

Pre-existing contracts.

(1) Sections 16 and 18 do not apply to a contract that existed before the Member’s election to the House of Commons, but they do apply to its renewal or extension.

Trust.

(2) Section 18 does not apply if the Member has entrusted his or her interest in a partnership or in a private corporation that is a party to a contract with the Government of Canada under which the partnership or corporation receives a benefit to one or more trustees on all of the following terms:

(a) the provisions of the trust have been approved by the Commissioner;

(b) the trustees are at arm’s length from the Member and have been approved by the Commissioner;

(c) the trustees may not consult with the Member with respect to managing the trust, but they may consult with the Commissioner;

(d) the trustees may, however, consult with the Member, with the approval of the Commissioner and in his or her presence if an extraordinary event is likely to materially affect the trust property;

(e) in the case of an interest in a corporation, the Member shall resign any position of director or officer in the corporation;

(f) the trustees shall provide the Commissioner with a written annual report at the same time as the Member files his or her annual disclosure statement setting out the nature of the trust property, the value of that property, the trust’s net income for the preceding year and the trustees’ fees, if any; and

(g) the trustees shall give the Member sufficient information to permit the Member to submit returns as required by the Income Tax Act and give the same information to the Canada Customs and Revenue Agency.

Interest acquired by inheritance.

(3) Sections 16 to 18 do not apply to an interest acquired by inheritance until the first anniversary date of the acquisition.


20.

Disclosure statement.

(1) A Member shall file with the Commissioner a full statement disclosing the Member’s private interests and the private interests of the members of the Member’s family within:

(i) 60 days after the notice of his or her election to the House of Commons is published in the Canada Gazette; and

(ii) 60 days after the date established by the Commissioner for the annual review.

Extension of time.

(1.1) The Commissioner may extend the deadlines referred to in subsection (1) at the request of the Member and any reasonable request shall not ordinarily be refused.

Reasonable efforts.

(2) Information relating to the private interests of the members of the Member’s family shall be to the best of the Member’s knowledge, information and belief. The Member shall make reasonable efforts to determine such information.

Confidentiality.

(3) The Commissioner shall keep the statement confidential.


21.

Content of disclosure statement.

(1) The statement shall

(a) identify and state the value of each asset or liability of the Member and the members of the Member’s family that;

(i) in the case of a credit card balance, exceeds $10,000 and has been outstanding for more than six months;

(ii) in all other cases, exceeds $10,000;

(b) state the amount and indicate the source of any income greater than $1,000 that the Member and the members of the Member’s family have received during the preceding 12 months and are entitled to receive during the next 12 months;

(b.1) Notwithstanding paragraph (b), every Member shall disclose to the Commissioner every trust known to the Member from which he or she could, currently or in the future, either directly or indirectly, derive a benefit or income;

(c) state all benefits that the Member and the members of the Member’s family, and any private corporation in which the Member or a member of the Member’s family has an interest, have received during the preceding 12 months, and those that the Member and the members of the Member’s family or corporation are entitled to receive during the next 12 months, as a result of being a party, directly or through a subcontract, to a contract with the Government of Canada, and describe the subject-matter and nature of each such contract or subcontract;

(c.1) For the purpose of paragraph (1)(c), benefits include compensation resulting from expropriation by the Government of Canada;

(d) if the statement mentions a private corporation,

(i) include any information about the corporation’s activities and sources of income that the Member is able to obtain by making reasonable inquiries,

(ii) state the names of any other corporations with which that corporation is affiliated, and

(iii) list the names and addresses of all persons who have an interest in the corporation;

(iv) list the real property or immovables owned by the private corporation.

(e) list the directorships or offices in a corporation, trade or professional association or trade union held by the Member or a member of the Member’s family and list all partnerships in which he or she or a member of his or her family is a partner; and

(f) include any other information that the Commissioner may require.

Source of income.

(2) For the purposes of paragraph (1)(b), a source of income is

(a) in the case of income from employment, the employer;

(b) in the case of income from a contract, the party with whom the contract is made; and

(c) in the case of income arising from a business or profession, that business or profession.

Statement: material change.

(3) The Member shall file a statement reporting any material change to the information required under subsection (1) to the Commissioner within 60 days after the change.


22.

Meeting with the Commissioner.

After reviewing a Member’s statement filed under section 20 or subsection 21(3), the Commissioner may require that the Member meet with the Commissioner, and may request the attendance of any of the members of the Member’s family, if available, to ensure that adequate disclosure has been made and to discuss the Member’s obligations under this Code.


23.

Disclosure summary.

(1) The Commissioner shall prepare a disclosure summary based on each Member’s statement filed under sections 20 and 21 and submit it to the Member for review. Upon receipt of the disclosure summary, the Member shall have 60 days to complete the review and submit the signed summary to the Commissioner.

Extension of time.

(1.1) The Commissioner may extend the deadlines referred to in subsection (1) at the request of the Member and any reasonable request shall not ordinarily be refused.

Public inspection.

(2) At the expiry of the period provided for in subsection (1), including an extension granted under subsection (1.1), each summary is to be placed on file at the office of the Commissioner and made available for public inspection during normal business hours, and posted on the website of the Commissioner. Each summary shall also be available to the public, on request, by fax or mail.


24.

Content of disclosure summary.

(1) The summary shall

(a) subject to subsection (3), set out the source and nature, but not the value, of the income, assets and liabilities referred to in the Member’s statement filed under section 20;

(b) identify any contracts or subcontracts referred to in paragraph 21(1)(c) and describe their subject-matter and nature;

(c) list the names of any affiliated corporations referred to in that statement;

(d) include a copy of any statements of disclosure filed by the Member under subsections 14(3), 15(1) and 21(3);

(e) list the positions and corporations, trade or professional associations and trade unions disclosed under paragraph 21(1)(e); and

(f) list any trusts disclosed under paragraph 21(1)(b.1).

Categorization of interests.

(2) An interest in a partnership or corporation may be qualified in the summary by the word “nominal”, “significant” or “controlling” if, in the opinion of the Commissioner, it is in the public interest to do so.

Items not to be disclosed.

(3) The following shall not be set out in the summary:

(a) an asset or liability with a value of less than $10,000;

(b) a source of income of less than $10,000 during the 12 months before the relevant date;

(c) real property or immovables that the Member uses as a principal residence or uses principally for recreational purposes;

(d) personal property or movable property that the Member uses primarily for transportation, household, educational, recreational, social or aesthetic purposes;

(e) cash on hand or on deposit with a financial institution that is entitled to accept deposits;

(f) fixed-value securities issued or guaranteed by a government or by a government agency;

(g) a registered retirement savings plan that is not self-administered or self-directed;

(h) investments in a registered retirement savings plan that is self-administered or self-directed that would not be publicly disclosed under this section if held outside the plan;

(i) an interest in a pension plan, employee benefit plan, annuity or life insurance policy;

(j) an investment in an open-ended mutual fund;

(k) a guaranteed investment certificate or similar financial instrument;

(k.1) any information relating to the place or manner of employment of a son or daughter of the Member, or a son or daughter of the Member’s spouse or common-law partner; and

(l) any other asset, liability or source of income that the Commissioner determines should not be disclosed because

(i) the information is not relevant to the purposes of this Code, or

(ii) a departure from the general principle of public disclosure is justified in the circumstances.


25.

Evasion.

A Member shall not take any action that has as its purpose the circumvention of the Member’s obligations under this Code.

Opinions


26.

Request for opinion.

(1) In response to a request in writing from a Member on any matter respecting the Member’s obligations under this Code, the Commissioner shall provide the Member with a written opinion containing any recommendations that the Commissioner considers appropriate.

Confidentiality.

(2) The opinion is confidential and may be made public only by the Member, with his or her written consent or if the Member has made the opinion public.

Opinion binding.

(3) An opinion given by the Commissioner to a Member is binding on the Commissioner in relation to any subsequent consideration of the subject-matter of the opinion so long as all the relevant facts that were known to the Member were disclosed to the Commissioner.

Publication.

(4) Nothing in this section prevents the Commissioner from publishing opinions for the guidance of Members, provided that no details are included that could identify the Member.

Timely response.

(5) In this section and in any other situation in which a Member seeks an opinion from the Commissioner, the Commissioner shall provide the opinion in a timely manner.

Inquiries


27.

Request for an inquiry.

(1) A Member who has reasonable grounds to believe that another Member has not complied with his or her obligations under this Code may request that the Commissioner conduct an inquiry into the matter.

Form of request.

(2) The request shall be in writing, signed, and shall identify the alleged non-compliance and set out the reasonable grounds for that belief.

No public comment.

(2.1) The Member who requested that an inquiry be conducted shall make no public comments relating to the inquiry until the Commissioner confirms that the Member who is the subject of the inquiry has received a copy of the complaint or 14 days have elapsed following the receipt of the request by the Commissioner, whichever is earlier.

Direction by the House.

(3) The House may, by way of resolution, direct the Commissioner to conduct an inquiry to determine whether a Member has complied with his or her obligations under this Code.

Notice.

(3.1) The Commissioner shall forward without delay the request for an inquiry to the Member who is the subject of the request and afford the Member 30 days to respond.

Preliminary review.

(3.2) The Commissioner shall:

(a) conduct a preliminary review of the request and the response to determine if an inquiry is warranted; and

(b) notify in writing both Members of the Commissioner’s decision within 15 working days of receiving the response.

Initiative of Commissioner.

(4) If, after giving the Member concerned written notice and 30 days to respond to the Commissioner’s concerns, the Commissioner has reasonable grounds to believe that a Member has not complied with his or her obligations under this Code, the Commissioner may, on his or her own initiative, conduct an inquiry to determine whether the Member has complied with his or her obligations under this Code.

Public comments.

(5.1) The Commissioner shall make no public comments relating to any preliminary review or inquiry except to:

(i) confirm that a request for an inquiry has been received;

(ii) confirm that a preliminary review or inquiry has commenced or been completed; or

(iii) describe the reasons for not proceeding with an inquiry where the matter to which the inquiry relates has already been made public.

Non-meritorious requests.

(6) If the Commissioner is of the opinion that a request for an inquiry was frivolous or vexatious or was not made in good faith, the Commissioner shall so state in dismissing the request in a report under section 28(6) and may recommend that further action be considered against the Member who made the request.

Inquiry to be private.

(7) The Commissioner shall conduct an inquiry in private and with due dispatch, provided that at all appropriate stages throughout the inquiry the Commissioner shall give the Member reasonable opportunity to be present and to make representations to the Commissioner in writing or in person by counsel or by any other representative.

Cooperation.

(8) Members shall cooperate with the Commissioner with respect to any inquiry.


28.

Report to the House.

(1) Forthwith following an inquiry, the Commissioner shall report to the Speaker, who shall present the report to the House when it next sits.

Report to be public.

(2) The report of the Commissioner shall be made available to the public upon tabling in the House, or, during a period of adjournment or prorogation, upon its receipt by the Speaker.

Report after dissolution.

(3) During the period following a dissolution of Parliament, the Commissioner shall make the report public.

No contravention.

(4) If the Commissioner concludes that there was no contravention of this Code, the Commissioner shall so state in the report.

Mitigated contravention.

(5) If the Commissioner concludes that a Member has not complied with an obligation under this Code but that the Member took all reasonable measures to prevent the non-compliance, or that the non-compliance was trivial or occurred through inadvertence or an error in judgment made in good faith, the Commissioner shall so state in the report and may recommend that no sanction be imposed.

Sanctions.

(6) If the Commissioner concludes that a Member has not complied with an obligation under this Code, and that none of the circumstances in subsection (5) apply, or is of the opinion that a request for an inquiry was frivolous or vexatious or was not made in good faith, the Commissioner shall so state in the report and may recommend appropriate sanctions.

Reasons.

(7) The Commissioner shall include in the report reasons for any conclusions and recommendations.

General recommendations.

(8) The Commissioner may include in his or her report any recommendations arising from the matter that concern the general interpretation of this Code and any recommendations for revision of this Code that the Commissioner considers relevant to its purpose and spirit.

Right to speak.

(9) Within 10 sitting days after the tabling of the report of the Commissioner in the House of Commons, the Member who is the subject of the report shall have a right to make a statement in the House immediately following Question Period, provided that he or she shall not speak for more than 20 minutes.

Deemed concurrence.

(10) A motion to concur in a report referred to in subsection (4) or (5) may be moved during Routine Proceedings. If no such motion has been moved and disposed of within 30 sitting days after the day on which the report was tabled, a motion to concur in the report shall be deemed to have been proposed and adopted at the expiry of that time.

Report to be considered.

(11) A motion respecting a report referred to in subsection (6) may be moved during Routine Proceedings, when it shall be considered for no more than two hours, after which the Speaker shall interrupt any proceedings then before the House and put forthwith and successively, without further debate or amendment, every question necessary to dispose of the motion. During debate on the motion, no Member shall speak more than once or longer than ten minutes.

Vote.

(12) If no motion pursuant to subsection (11) has been previously moved and disposed of, a motion to concur in the report shall be deemed to have been proposed on the 30th sitting day after the day on which the report was tabled, and the Speaker shall immediately put every question necessary to dispose of the motion.

Referral back.

(13) At any point before the House has dealt with the report, whether by deemed disposition or otherwise, the House may refer it back to the Commissioner for further consideration, with instruction.


29.

Suspension of inquiry.

(1) The Commissioner shall immediately suspend the inquiry into a matter if

(a) there are reasonable grounds to believe that the Member has committed an offence under an Act of Parliament, in which case the Commissioner shall notify the proper authorities of the Commissioner’s belief; or

(b) it is discovered that:

(i) the act or omission under investigation is also the subject of an investigation to determine if an offence under an Act of Parliament has been committed, or

(ii) a charge has been laid with respect to that act or omission.

Inquiry continued.

(2) The Commissioner shall not continue his or her inquiry until the other investigation or the charge regarding the act or omission has been finally disposed of.

Miscellaneous


30.

Guidelines and forms.

(1) The Commissioner shall submit any proposed procedural and interpretative guidelines and all forms relating to the Code to the Standing Committee on Procedure and House Affairs for approval.

Tabling.

(2) Any guidelines and forms approved by the Committee shall be reported to the House and shall come into effect when the report is concurred in by the House.

Confidential until tabled.

(3) Until the guidelines and forms are reported to the House, they shall remain confidential.


31.

Retention of documents.

The Commissioner shall retain all documents relating to a Member for a period of 12 months after he or she ceases to be a Member, after which the documents shall be destroyed unless there is an inquiry in progress under this Code concerning them or a charge has been laid against the Member under an Act of Parliament and the documents may relate to that matter.


31.1

Confidentiality.

Except as otherwise ordered by the House or a court, or as required for the purposes of this Code, the Commissioner shall keep confidential documents and information received pursuant to this Code, including documents and information received in the course of an inquiry that the Commissioner suspended in accordance to paragraph 29(1)(a) or documents and information referred to in section 31.


32.

Educational activities.

The Commissioner shall undertake educational activities for Members and the general public regarding this Code and the role of the Commissioner.


33.

Committee review.

The Standing Committee on Procedure and House Affairs shall, within every five-year period following the preceding comprehensive review, undertake a comprehensive review of the provisions and operation of this Code, and shall submit a report thereon, including a statement of any changes the Committee recommends.


34.

Part of the Standing Orders.

This Code shall form part of the Standing Orders of the House of Commons.

APPENDIX II

CODE OF CONDUCT FOR MEMBERS OF THE HOUSE OF COMMONS: SEXUAL HARASSMENT

Mission


1.

Purposes.

The purposes of this Code are to

(a) create an environment at the House of Commons that allows all Members to excel in their public duties and functions and that is free of sexual harassment;

(b) encourage reporting, by Members, of instances of sexual harassment;

(c) establish a resolution process that is complainant-driven and that the complainant can bring to an end at any point;

(d) ensure confidentiality throughout the resolution process, unless otherwise provided for in this Code; and

(e) implement the recommendations of the 38th report of the Second Session of the 41st Parliament of the Standing Committee on Procedure and House Affairs.

Interpretation


2.

Definitions.

The following definitions apply in this Code.

“CHRO” « dirigeant principal »

“CHRO” means the Chief Human Resources Officer of the House of Commons Administration.

“complainant” « plaignant »

“complainant” means a Member who reports allegations of sexual harassment in accordance with section 8.

“investigator” « enquêteur »

“investigator” means an external investigator engaged by the CHRO to conduct an investigation of a formal complaint of sexual harassment on his or her behalf.

“participant” « participant »

“participant” means the complainant, respondent or any other individual involved in the resolution process.

“personal information” « renseignement personnel »

“personal information” means any information that would enable someone to identify an individual.

“resolution process” « processus de résolution »

“resolution process” includes the reporting of allegations of sexual harassment and the initiating of informal discussions, the mediation process, and the filing of a formal complaint and its investigation, as well as any disciplinary action that may be imposed.

“respondent” « défendeur »

“respondent” means a Member who is the subject of allegations of sexual harassment reported in accordance with section 8.

“sexual harassment” « harcèlement sexuel »

“sexual harassment” means unwanted conduct of a sexual nature that detrimentally affects the work environment.

Scope


3.

Application.

This Code applies only to allegations of sexual harassment between Members.


4.

On behalf of the House.

The CHRO, in carrying out his or her functions under this Code, is acting for and on behalf of the House of Commons.

Rules of Conduct


5.

Sexual harassment prohibited.

A Member shall not sexually harass another Member.


6.

Respect confidentiality and privacy.

A Member shall not disclose information related to the resolution process or any personal information related to any participant, unless otherwise provided for in this Code.


7.

Pledge.

Every Member shall commit to contributing to a work environment free of sexual harassment by signing the pledge in the form set out in Form 1 and returning it to the CHRO within 60 days after the notice of his or her election to the House of Commons is published in the Canada Gazette, or within the first 30 sitting days of the ensuing Parliament or, in the case of a Member elected at a by-election, within the first 30 sitting days following the Member’s introduction in the House, whichever is later.

Resolution Process

Reporting Allegations of Sexual Harassment and Initiating Discussions


8.

Report to CHRO or Whip.

(1) A Member may report allegations of sexual harassment

(a) to the CHRO; or

(b) to his or her Whip, if the respondent is a member of the same caucus.

Exception: Independent Members.

(2) Despite subsection (1), if the complainant or the respondent is an independent Member, any sexual harassment allegations involving them shall be dealt with by the CHRO or an individual designated by the CHRO.

Authority over discussions.

(3) The CHRO or Whip, as the case may be, shall manage the discussions relating to the allegations of sexual harassment.

CHRO or Whip to discuss.

(4) The CHRO or Whip, as the case may be, shall inform the respondent of the allegations reported under subsection (1) and may request additional information from the respondent.

CHRO or Whip to facilitate.

(5) The CHRO or Whip, as the case may be, may facilitate discussions between the complainant and the respondent in order to resolve the issue.

CHRO participation.

(6) If the sexual harassment allegations are reported to the Whip under subsection (1), the Whip may, with the complainant’s consent, invite the CHRO to participate in the discussions described in subsection (4).


9.

Decision respected.

All participants shall be bound to the complainant’s choice of the CHRO or Whip under subsection (1).


10.

Whip involved.

Despite section 8, if the Whip of a party is either the complainant or respondent, the House Leader of that party shall assume the role of the Whip.


11.

Matter dealt with by CHRO.

The complainant who chose to report sexual harassment allegations to his or her Whip under paragraph 8(1)(b) may, at any time during the resolution process, choose to have the matter dealt with by the CHRO.


12.

Administration of process.

If the sexual harassment concern is first reported to the Whip under section 8, the Whip may, with the complainant’s consent, communicate with the CHRO for the purpose of aiding in the administration of the resolution process, including record-keeping.


13.

Whip involvement.

The complainant and the respondent may choose to be assisted by their respective Whips at any time during the resolution process.

Mediation


14.

Encourage mediation.

The CHRO or Whip, as the case may be, shall offer mediation at all stages of the resolution process and, in particular, before a formal complaint is filed.


15.

Mediation.

(1) Upon the completion of the discussions described in section 8, the CHRO or Whip, as the case may be, shall raise with the complainant and respondent the possibility of resolution through mediation.

Arrangements.

(2) If the complainant and respondent agree to mediation, the CHRO shall make arrangements for confidential mediation with a mediator acceptable to the complainant and respondent.

Agreement to mediate.

(3) If the complainant and respondent agree to mediation, they shall sign a mediation agreement that outlines their specific obligations of confidentiality and privacy during the mediation process.


16.

Materials and information confidential.

All materials prepared for, and information exchanged at, mediation shall be confidential.


17.

Mediation paid from central budget.

Where the mediator is engaged from outside the House of Commons Administration, the costs of the mediation shall be paid from a central budget of the House of Commons Administration.


18.

Finding Solutions Together.

Members have access at all times to the House of Commons Administration’s program called Finding Solutions Together, which provides facilitation services.

Formal Complaint and Investigation


19.

Formal complaint filed.

(1) If the complainant and respondent do not agree to proceed by mediation, or if the matter is not resolved to the complainant’s satisfaction, the complainant may file a formal complaint with the CHRO that the respondent has engaged in sexual harassment.

Form of complaint

(2) The complaint shall be in writing, shall be signed by the complainant and shall include a description of the nature of the alleged sexual harassment and the identity of the respondent.


20.

Investigator retained.

Upon receipt of a formal complaint, the CHRO shall acknowledge the complaint in writing and retain the services of an investigator to investigate the facts related to the allegations of sexual harassment filed under section 19.


21.

Fair, impartial investigation.

(1) The investigator shall conduct the investigation in a fair, impartial and timely manner.

Protocol.

(2) The investigator shall inform the participants of the protocol that will be followed and of the role of the participants in the investigation process.

Respect confidentiality.

(3) The investigation of a formal complaint shall be conducted in a manner that respects the confidentiality and privacy of the Members involved and of any other individuals who provide evidence.


22.

Report.

The investigator shall submit a report to the CHRO that contains one of the following conclusions:

(a) there is sufficient evidence to support a claim that the respondent has engaged in a conduct that constitutes sexual harassment;

(b) there is insufficient evidence to support a claim of sexual harassment; or

(c) there is insufficient evidence to support a claim of sexual harassment, and the complaint was frivolous or vexatious or was not made in good faith.


23.

CHRO to distribute report.

(1) The CHRO shall provide a draft copy of the report to the complainant and the respondent for their review.

Comments.

(2) The complainant and the respondent shall provide their written comments on the draft report to the CHRO within 15 days of receiving the report.

Final investigation report.

(3) The CHRO shall transmit to the investigator any comments received under subsection (2), along with his or her observations on the comments, as well as instructions for the preparation of the final investigation report.


24.

CHRO to provide final investigation report.

(1) The CHRO shall provide a copy of the final investigation report to the complainant and to the respondent.

Next steps.

(2) The CHRO shall inform the complainant and the respondent of the various courses of action to address the findings in the final investigation report.


25.

Mediation.

At any time during the investigation, the complainant and the respondent may agree to suspend the investigation and resolve the issue through mediation.

Decision

Referral to the Whip


26.

Further actions.

(1) Where the final investigation report in relation to a formal complaint indicates that there is sufficient evidence to support a claim of sexual harassment, the complainant may notify the CHRO, in writing, within 15 days of receiving the final investigation report that he or she believes the matter warrants further action.

Attention of the Whip.

(2) Upon receiving a notice under subsection (1), the CHRO shall inform the respondent’s Whip of the notice, in writing, and shall submit the final investigation report to the Whip.


27.

Frivolous, vexatious or not in good faith complaint.

(1) Where the final investigation report in relation to a formal complaint indicates that a complaint was frivolous or vexatious or not made in good faith, the respondent may notify the CHRO, in writing, within 15 days of receiving the final investigation report that he or she believes the matter warrants further action.

Attention of the Whip.

(2) Upon receiving a notice under subsection (1), the CHRO shall inform the complainant’s Whip of the notice, in writing, and shall submit the final investigation report to the Whip.


28.

Proposed discipline.

(1) Within 15 days of receiving a notice under subsection 26(2) or 27(2), the Whip concerned shall provide the CHRO with a proposed course of disciplinary action

Inform.

(2) The CHRO shall inform the following individuals of the proposed course of disciplinary action:

(a) the complainant, in the case where the final investigation report indicates that there is sufficient evidence to support a claim of sexual harassment; and

(b) the respondent, in the case where the final investigation report indicates that a complaint was frivolous or vexatious or not made in good faith.

Additional remedies.

(3) If the disciplinary action proposed by the Whip under subsection (1) is not satisfactory to the complainant or the respondent, as the case may be, the complainant or the respondent may suggest a further course of disciplinary action to the CHRO.

Communicate.

(4) The CHRO shall inform the Whip concerned of the further course of disciplinary action suggested under subsection (3).

Deemed satisfactory.

(5) Where there is agreement on the course of disciplinary action pursuant to subsection (2) or (4), the matter shall be deemed to be resolved.

Discipline.

(6) Once the matter is deemed to be resolved, the Whip in question shall implement the course of disciplinary action.

Referral to the Standing Committee on Procedure and House Affairs


29.

Request to the Standing Committee on Procedure and House Affairs.

(1) If either Member is not satisfied with the course of disciplinary action pursuant to subsection 28(2) or (3), the complainant or respondent may bring the matter to the attention of the Chair of the Standing Committee on Procedure and House Affairs.

Request by the Whip. Consent.

(2) For the purpose of subsection (1), the Whip of the complainant or the respondent may bring the matter to the attention of the Chair of the Standing Committee on Procedure and House Affairs, with the consent of the complainant or the respondent.

Written request.

(3) Any request made to the Chair of the Standing Committee on Procedure and House Affairs under subsection (1) or (2) shall be made in writing and shall include a copy of the final investigation report.

Chair to convene meeting upon written request—Forty-eight hours’ notice required.

(4) Within five days of the receipt of the request pursuant to subsection (3), the Chair of the Standing Committee on Procedure and House Affairs shall designate a date for a meeting within the next 60 days, provided that forty-eight hours’ notice is given of the meeting.


30.

Inquiry to be in camera.

(1) The Standing Committee on Procedure and House Affairs shall hold its proceedings in camera. The Committee shall determine whether all or part of the final investigation report – or a summary of it – may be used as evidence before the Committee.

Retention of documents.

(2) The Committee shall retain all evidence and documentation, including in camera transcripts, related to its inquiry for a period of five years following the date of the presentation of its report to the House of Commons, pursuant to section 37 of this Code, or following the date the matter was deemed withdrawn from the Committee, pursuant to section 32 or 33 of this Code, as the case may be.

Destruction of documents.

(3) At the conclusion of the period provided for in subsection (2), the Clerk of the House shall cause all evidence and documentation related to the Committee’s inquiry, including in camera transcripts, to be destroyed unless the Committee directs otherwise.


31.

Appearance of Members.

The complainant and respondent shall have the opportunity to appear before the Standing Committee on Procedure and House Affairs in relation to the report.


32.

Withdrawal of matter from Committee.

Until the Standing Committee on Procedure and House Affairs presents its report to the House of Commons pursuant to section 37, the Member who requested that the Committee study the matter may indicate in writing to the Chair that he or she no longer wishes to pursue the matter, at which time it is deemed withdrawn from the Committee.


33.

Member ceases to be a Member.

In the event that a complainant or a respondent is no longer a Member of the House of Commons during the course of the Committee’s study, the matter is deemed withdrawn from the Standing Committee on Procedure and House Affairs.


34.

Reasons.

The Standing Committee on Procedure and House Affairs shall include in the report the reasons for any conclusions and recommendations.


35.

Report.

The report of the Standing Committee on Procedure and House Affairs shall contain only a summary of the final investigation report, shall not disclose the identity of any of the participants and shall respect the privacy of the complainant and other individuals who provided evidence.


36.

Sanctions.

In its report, the Standing Committee on Procedure and House Affairs may recommend any appropriate sanctions available to the House of Commons. The Member being sanctioned may be named in the report.

Referral to the House of Commons


37.

Reports from Committee—Succinct explanation allowed.

Forthwith following an inquiry, the Chair of the Standing Committee on Procedure and House Affairs shall present its report to the House, pursuant to Standing Order 35(1).


38.

Member may address House—Confidentiality respected.

Within ten sitting days after the presentation of the report of the Standing Committee on Procedure and House Affairs, the Member who is the subject of the report shall have the right to make a statement in the House, provided that he or she shall not speak for more than 20 minutes and that he or she shall respect the confidentiality of the resolution process and the privacy of the Members involved and of other individuals who provided evidence.


39.

Motion to concur in a report.

(1) A motion to concur in a report of the Standing Committee on Procedure and House Affairs made pursuant to this Code may be moved during Routine Proceedings, provided that the notice period, pursuant to Standing Order 54(1), is respected and that any motion to concur in the report shall not be moved until either the Member has made a statement pursuant to section 38 or ten sitting days have elapsed since the presentation of the report.

Debate on concurrence in a committee report.

(2) A motion moved pursuant to subsection (1) shall be considered for no more than three hours, after which time, unless previously disposed of, the Speaker shall interrupt any proceedings then before the House and put all questions necessary to dispose of the motion without further debate or amendment. During debate on the motion, no Member shall speak more than once or longer than ten minutes and if the debate is adjourned or interrupted:

(a) the motion shall again be considered on a day designated by the Speaker after consultation with the House Leaders of the recognized parties, but in any case not later than the tenth sitting day after the adjournment or interruption;

(b) debate on the motion shall be resumed at the ordinary hour of daily adjournment on the day designated pursuant to paragraph (a) and shall not be further adjourned or interrupted; and

(c) when no Member rises to speak or after a total of three hours of debate, whichever is earlier, the Speaker shall put all questions necessary to dispose of the motion, provided that, if a recorded division is requested on the motion considered on a day designated pursuant to paragraph (a) of this subsection, it shall stand deferred to an appointed time on the next Wednesday, no later than the expiry of the time provided for Government Orders on that day.

Vote.

(3) If no motion pursuant to this section has been moved and disposed of, a motion to concur in the report shall be deemed to have been proposed on the 30th sitting day after the day on which the report was presented to the House. At the expiry of the time provided for Government Orders, the Speaker shall put forthwith every question necessary to dispose of the motion, provided that either the Chief Government Whip or the Chief Opposition Whip may ask the Speaker to defer the division to an appointed time no later than the ordinary hour of daily adjournment on the next sitting day that is not a Friday.


40.

Confidentiality.

Statements made in the House of Commons regarding a specific matter related to this Code must respect the confidentiality of the resolution process and the privacy of the Members involved and of other individuals who provided evidence.


41.

Referral back to Committee.

At any time before the House has concurred in the report, the House may refer the report back to the Standing Committee on Procedure and House Affairs for further consideration.


42.

Vacancy.

In the event that the complainant or the respondent ceases to be a Member of the House of Commons following the presentation of the report of the Standing Committee on Procedure and House Affairs to the House, any motion to concur in the report is deemed withdrawn and dropped from the Order Paper.


43.

Effect of prorogation or dissolution.

Following a prorogation or dissolution of Parliament, provided that the complainant and respondent remain Members of the House:

(a) any Member involved, or the appropriate Whip with the consent of the Member involved, may resubmit the matter to the attention of the Chair of the Standing Committee on Procedure and House Affairs in writing, at which time the procedures outlined in section 29 shall apply; and

(b) once seized of the matter in accordance with paragraph (a), the Standing Committee on Procedure and House Affairs may present the report of findings to the House anew, provided that the House had not concurred in the Committee’s report in the previous session or Parliament.

Suspension of the Resolution Process


44.

Suspension of resolution process.

(1) The CHRO shall immediately suspend the resolution process if:

(a) there are reasonable grounds to believe that a Member has committed an offence under an Act of Parliament or provincial legislation, in which case the CHRO shall, in consultation with the Law Clerk and Parliamentary Counsel, notify the proper authorities of his or her belief; or

(b) it is discovered that the conduct under investigation is also the subject of an investigation to determine if an offence under an Act of Parliament or provincial legislation has been committed or that a charge has been laid with respect to that act.

Resolution process continued.

(2) The CHRO shall not continue the resolution process until the other investigation has been completed or there has been a final disposition of the charge laid with respect to that conduct.

Confidentiality


45.

Information publicly disclosed.

Any public disclosure, by the CHRO, of personal information or of information related to the resolution process shall only be made in accordance with the terms of the resolution of a complaint, and shall be no more than is sufficient for the public to understand the circumstances and consequences of the resolution.


46.

Sanctions against Member.

Where the House of Commons takes action against a Member, the House may only disclose information if it is necessary to explain any consequences for a Member.


47.

Reference to the Standing Committee on Procedure and House Affairs.

If confidential information has been communicated to the public in violation of this Code, the matter shall be referred to the Standing Committee on Procedure and House Affairs to be dealt with in any manner that the Committee deems appropriate.

Educational Activities


48.

Educational activities.

The CHRO shall undertake educational activities for Members on the content of this Code and on matters related to the prevention of sexual harassment.


49.

New Parliament.

The CHRO shall brief Members on the contents of this Code at the start of each new Parliament.

Miscellaneous


50.

Retention of documents by CHRO.

The CHRO shall retain all documents relating to an allegation raised or a formal complaint filed under this Code for a period of five years from the date the matter was resolved, after which the documents shall be destroyed, unless a charge has been laid against the respondent under an Act of Parliament and the documents may be relevant to that matter.


51.

Review after implementation.

The Standing Committee on Procedure and House Affairs shall undertake a review of this Code no more than two years after its coming into force.


52.

Part of the Standing Orders.

This Code shall form part of the Standing Orders of the House of Commons.

SCHEDULE

FORM 1

As part of the House of Commons’ mission to create an environment in which all individuals can excel, I, ……, Member of Parliament, commit to contribute to a work environment free of sexual harassment. I recognize that part of our mission is to create a workplace free of sexual harassment and that sexual harassment among Members of Parliament is strictly prohibited. I further commit to following the Code of Conduct for Members of the House of Commons: Sexual Harassment.

Top of page