PROC Committee Report

House of Commons
Ottawa, Canada
K1A 0A6

39th Parliament, 1st Session

The Standing Committee on Procedure and House Affairs has the honour to present its

FORTY-NINTH Report

Pursuant to Standing Order 91.1(1), the Committee is pleased to report as follows: The procedures governing Private Members’ Business were revised in 2003. At that time, this Committee, in its Twenty-fourth Report, which was presented in the House on March 26, 2003, tabled the list of criteria for making items of Private Members’ Business non-votable under Standing Order 91.1. These criteria have remained in effect since that time.

On November 7, 2006, the Speaker of Commons delivered a ruling in which he found that two items in the order of precedence were substantially the same. In the course of his ruling, the Speaker invited the Committee to consider the practices of the House in such situations.

On November 22, 2006, the Subcommittee on Private Members’ Business met with Ms. Audrey O'Brien, the Clerk of the House of Commons, and Mr. Marc Bosc, the Deputy Clerk, to review this matter. The Subcommittee greatly appreciates their advice and assistance. Subsequently, the Subcommittee undertook a review of the current criteria, and considered various changes. After consideration, however, the Subcommittee is recommending minimal changes. The amendments that are being proposed would avoid the situation that led to the Speaker’s ruling of November 2006. They also clarify that private Members’ bills should be assessed against other private Members’ bills, and motions against other motions.

To address the situation that the Member for Vancouver Island North found herself in, the Subcommittee is also proposing that an amendment be made to the Standing Orders of the House of Commons to provide the sponsor of the item that has been designated non-votable the option within five sitting days to substitute another item. If the Member has other items on the Order Paper or Notice Paper, one of these can be substituted in order for the Member to retain his or her position in the order of precedence. If the Member has no items on the Order Paper and Notice Paper, he or she will have a period of 20 sitting days to introduce a bill or give notice of a motion and to have this item substituted for the non-votable one. The substituted item will be votable, provided that it does not contravene the criteria.

1. The Committee determines that the revised list of criteria for making items of Private Members’ Business non-votable under the Standing Order 91.1(1) shall be as follows:
• Bills and motions must not concern questions that are outside federal jurisdiction.
• Bills and motions must not clearly violate the Constitution Acts, 1867 to 1982, including the Canadian Charter of Rights and Freedoms.
• Bills and motions must not concern questions that are substantially the same as ones already voted on by the House of Commons in the current session of Parliament, or as ones preceding them in the order of precedence.
• Bills and motions must not concern questions that are currently on the Order Paper or Notice Paper as items of government business.


NOTE: For the purposes of the application of these criteria, bills shall be assessed only against other bills and motions only against other motions.

2. The Committee recommends that the Standing Orders of the House of Commons be amended by the addition of Standing Order 92.1, as follows: