12. The Process of Debate

In order to bring a proposal before the House and obtain a decision on it, a motion is necessary. ^[4]  A motion is a proposal moved by one Member in accordance with well-established rules that the House do something, or order something done or express an opinion with regard to some matter. ^[5]  A motion initiates a discussion and gives rise to the question to be decided by the House. ^[6]  This is the process followed by the House when transacting business.

While there may be many items on the Order Paper awaiting the consideration of the House, only one motion can be debated in the House at any one time. ^[7]  After a motion has been proposed to the House by the Chair, the House is formally seized of it. A motion may be debated, amended, superseded, adopted, negatived or withdrawn. ^[8] 

A motion is adopted if it receives the support of the majority of the Members present in the House at the time the decision on it is made. Every motion, once adopted, becomes either an order or a resolution of the House. Through its orders, the House regulates its proceedings or gives an instruction to its Members or officers, or one of its committees. A resolution of the House makes a declaration of opinion or purpose; ^[9]  it does not have the effect of requiring that any action be taken — nor is it binding. The House has frequently brought forth resolutions in order to show support for some action. ^[10] 

A motion must be drafted in such a way that, should it be adopted by the House, “it may at once become the resolution … or order which it purports to be”. ^[11]  For example, it is usual for the text of a motion to begin with the word “That”. Examples may be found of motions with preambles, but this is considered out of keeping with usual practice. ^[12]  It is customary for motions to be expressed in the affirmative. A motion should not contain any objectionable or irregular wording. It should not be argumentative or written in the style of a speech. ^[13] 

Before 1913, the rules provided that a limited number of matters were to be decided without debate; however, the general practice until then was that all motions were debatable barring the existence of some rule or practice to the contrary. ^[14]  In 1913, the Standing Orders were amended to specify that all motions were to be decided without debate or amendment unless specifically recognized as debatable in the text of the rule. ^[15]  The Standing Orders therefore list those motions which are debatable and state that all others, unless otherwise provided in the Standing Orders, are to be decided without debate or amendment. ^[16] 

Debatable motions generally include:

• motions of which written notice is required;
• all Orders of the Day, with the exception of the concurrence in a Ways and Means motion;
• motions taken up during Routine Proceedings under the rubric “Motions”; and
• adjournment motions for the purpose of emergency debates.

As a general rule, every question that is debatable is amendable. Exceptions are the motion to adjourn the House for the purpose of an emergency debate and the previous question (the motion “That this question be now put”).

Motions decided without debate or amendment generally include:

• motions that the House do now adjourn;
• motions to proceed to the Orders of the Day;
• motions that the House proceeds to another order of business;
• motions that the debate be now adjourned; and
• motions that the question be postponed to a specific day.

There is no exact way of classifying motions. ^[17]  Generally, they may be grouped into those motions which are self-contained and require notice and those which are dependent on some other proceeding or motion and do not require any notice. In the first group are found substantive motions. In the second group are found subsidiary (or ancillary) and privileged motions. (See Figure 12.1, Classification of Motions.)

Figure 12.1 – Classification of Motions

Substantive motions are independent proposals which are complete by themselves, not incidental to or dependent on any proceeding before the House. They are used to elicit an opinion or action of the House. They are amendable and must be drafted in such a way as to enable the House to express agreement or disagreement with what is proposed. Such motions normally require written notice before they can be moved in the House. They include, for example, private Members’ motions, opposition motions on Supply days and government motions.

Subsidiary motions, also known as ancillary motions, are procedural in nature, dependent on an order already made by the House, and are used to move forward a question then before the House. ^[18]  For example, motions for the second and third readings of bills, and motions to commit (i.e., to refer a matter to a Committee of the Whole or other committee) are subsidiary motions which are debatable and amendable. ^[19]  Like privileged motions, they may be moved without notice. ^[20] 

A privileged motion (not to be confused with a motion based on a question of privilege) differs from a substantive motion in that it arises from and is dependent on the subject under debate. A privileged motion may be moved without notice when a debatable motion is before the House; the privileged motion then takes precedence over the original motion under debate. Privileged motions can either be amendments or superseding motions. Both types seek to set aside the question under consideration and may be moved only when that question is under debate.

Amendments

A motion in amendment arises out of debate and is proposed either to modify the original motion in order to make it more acceptable to the House or to present a different proposition as an alternative to the original. It requires no notice ^[21]  and is submitted in writing to the Chair. The provision that a motion be in writing ensures that, if the motion is in order, it is proposed to the House in the exact terms of the mover. After the amendment has been moved, seconded and examined as to its procedural acceptability, the Chair submits it to the House. Debate on the main motion is set aside and the amendment is debated until it has been decided, whereupon debate resumes on the main motion and other amendments may be proposed. Just as the text of a main motion may be amended, an amendment may itself be amended. A sub-amendment is an amendment proposed to an amendment. In most cases, there is no limit on the number of amendments which may be moved; however, only one amendment and one sub-amendment may be before the House at any one time. ^[22]

An amendment must be relevant to the main motion. It must not stray from the main motion but aim to further refine its meaning and intent. ^[23]  An amendment should take the form of a motion to:

• leave out certain words in order to add other words;
• leave out certain words; or
• insert or add other words to the main motion.

An amendment should be framed so that, if agreed to, it will leave the main motion intelligible and consistent with itself. ^[24] 

An amendment is out of order procedurally, if:

• it is not relevant to the main motion ^[25]  (i.e., it deals with a matter foreign to the main motion or exceeds the scope of the motion, ^[26]  or introduces a new proposition which should properly be the subject of a substantive motion with notice ^[27] );
• it raises a question substantially the same as one which the House has decided in the same session or conflicts with an amendment already agreed to; ^[28] 
• it anticipates a notice of motion on the Order Paper; ^[29] 
• it is the direct negative of the main motion and would produce the same result as the defeat of the main motion; ^[30]  or
• one part of the amendment is out of order. ^[31] 

When an amendment is being debated, the mover of that amendment may not move an amendment to his or her amendment. If the Member wishes to amend the amendment, he or she must seek the consent of the House to withdraw the original amendment and propose a new one. ^[32] 

Sub-amendments

Most of what applies to amendments also applies to sub-amendments. Sub-amendments must be strictly relevant to the amendment and seek to modify the amendment, not the original question; ^[33]  they cannot enlarge on the amendment, introduce new matters foreign to the amendment or differ in substance from the amendment. ^[34]  They cannot strike out all the words in an amendment and thus deny it; the Speaker has ruled that the proper course in such a case would be for the House to defeat the amendment. ^[35]  Debate on a sub-amendment is restricted to the words added to or left out of the original motion by the amendment. Since sub-amendments cannot be further amended, a Member wishing to change one under debate must wait until it is defeated and then offer a new sub-amendment.

Superseding Motions

A superseding motion is one which is moved for the purpose of superseding (or replacing) the question before the House. There are two types of superseding motions: the previous question ^[36]  and several motions known collectively as dilatory motions. While the text of an amendment is dependent on the main motion, the text of a superseding motion is predetermined and proposed with the intention of putting aside further discussion of whatever question is before the House.

Superseding motions can be moved without notice when any other debatable motion is before the House. The Member moving a superseding motion can do so only after having been recognized by the Speaker in the course of debate. It is not in order for such a motion to be moved when the Member has been recognized on a point of order or during the period for questions and comments. ^[37]  With the exception of the previous question, superseding motions are not debatable and cannot be applied to one another.

The Previous Question

When debate on a motion concludes (i.e., no further Member wishes to speak, or the House has ordered debate to conclude), the question is put by the Chair, enabling the House to agree or disagree with the proposition before it. The act of putting the question assumes that the House has finished debate and wants to make a decision. Normally, this is implicit in the process, as seen when the Chair asks if the House is “ready for the question”; however, it can be tested by asking the House to make a formal decision as to whether or not the question should be put. In such a case, a decision is required prior to the one on the main motion. This is achieved by proposing, “That this question be now put”, a motion known as the previous question. ^[38] 

The previous question has been used irregularly since Confederation. There are only four recorded instances of its use in the nineteenth century. ^[39]  In 1913, a noteworthy event occurred in relation to the previous question when the government, seeking means to bring an end to the lengthy debate on its Naval Aid Bill, moved a motion introducing three new Standing Orders — including the closure rule — and then precluded any possibility of amendment by moving the previous question immediately thereafter. ^[40]  The rules were adopted after days of acrimonious debate ^[41]  and the immediate effect was the application of the closure rule to the Naval Aid Bill. ^[42]  In the late 1920s, and afterwards in the 1940s and early 1950s, the previous question was used fairly regularly and, following an almost 19-year lapse in which it was not used at all, ^[43]  it came into more frequent use in the 1980s and 1990s. ^[44]

The motion, “That this question be now put”, has two functions:

• to supersede the question under debate since, if negatived, thus resolving that the question be not now put, the Speaker is bound not to put the main question at that time, and the House proceeds to its next item of business; and
• to limit debate since, until it is decided, it precludes all amendment to the main motion. ^[45]  If adopted, thus resolving that the original question be now put, it forces the House to proceed to an immediate decision on the main question. ^[46] 

The previous question has been applied to many substantive motions before the House. For example, it has been moved to the Address in Reply to the Speech from the Throne, ^[47]  to the various stages of a bill, ^[48]  to motions for concurrence in reports from committees ^[49]  and to motions sponsored by private Members ^[50]  and the government. ^[51] 

The previous question cannot be proposed by the mover of the main motion; nor can it be moved by a Member who has been recognized on a point of order. It can only be moved by a Member recognized to speak in the regular course of debate. The previous question is a debatable ^[52]  superseding motion which is given priority once it is proposed during debate. The same time limits for speeches and questions and comments during debate on the main motion apply to the debate on the previous question. It cannot be proposed while an amendment to the main question is being considered, but once the amendment is disposed of by the House and debate resumes on the main motion itself, amended or not, the previous question can then be moved. ^[53]  While the previous question is debatable, it is not amendable ^[54]  and can be only withdrawn by unanimous consent. ^[55]  The previous question cannot be moved in a Committee of the Whole nor in any committee of the House. ^[56] 

A unique feature of the previous question is that it does nothing to hinder debate on the original motion. What is relevant to the previous question is also relevant to the original motion. Nonetheless, after the previous question has been moved, it constitutes a new question before the House and Members may participate in debate even if they have already spoken on the main motion or any amendment which has been disposed of. ^[57]  The previous question not being a substantive motion, its mover is not granted the right to speak a second time in reply. ^[58] 

Debate on the previous question may be superseded by a motion to adjourn the debate, a motion to adjourn the House or a motion to proceed to the Orders of the Day; ^[59]  however, such motions are not in order once the House has adopted the motion for the previous question. ^[60]  If debate on the previous question is adjourned or interrupted by the adjournment of the House or otherwise, debate on the previous question and the original motion ceases and both are retained on the Order Paper. ^[61]  In some of these cases, the main motion and previous question were again brought before the House and decided; in others, there was no further debate or decision and the motions lapsed when the session ended. ^[62] 

When debate on the motion for the previous question has been concluded, the question is put to the House. ^[63]  Members moving the previous question have, when a recorded division was held, voted in favour, against or not voted at all. ^[64]  If the previous question is resolved in the affirmative, the Chair immediately, without further debate or amendment, puts the question on the original motion. ^[65]  If negatived, ^[66]  resolving that the question be not now put, the Speaker is bound not to put the main question at that time; the main motion is superseded, the House proceeds to its next item of business, and the main motion is removed from the Order Paper.

A recorded division on the previous question may be deferred. ^[67]  However, when a deferred division on the previous question is held and the motion is adopted, the question is put immediately on the main motion and the vote cannot be further deferred. ^[68] 

Dilatory Motions

Dilatory motions are superseding motions designed to dispose of the original question before the House either for the time being or permanently. Although dilatory motions are often used for dilatory tactics and resorted to for the express purpose of causing delay, they may also be used to advance the business of the House. Thus, dilatory motions are used both by the government and the opposition.

Dilatory motions can only be moved by a Member who has been recognized by the Chair in the regular course of debate, and not on a point of order. ^[69]  Dilatory motions include motions: ^[70] 

• to proceed to the Orders of the Day;
• to proceed to another order of business;
• to postpone consideration of a question until a later date;
• to adjourn the House; ^[71] 
• to adjourn the debate.

The Standing Orders indicate that dilatory motions are receivable “when a question is under debate”; ^[72]  however, they have also been moved when there was no question under debate during Routine Proceedings. ^[73]  The Chair has found in order motions that the House proceeds to the next item under Routine Proceedings, ^[74]  and that the House proceeds to the Orders of the Day. ^[75]  However, a motion to move to another item under Routine Proceedings, other than the next one in the sequence, was ruled out of order on the grounds that the House should proceed from item to item in the usual order. ^[76]  Unlike the previous question, dilatory motions may be proposed when an amendment to a motion is under debate. ^[77] 

When a dilatory motion is moved and seconded, its text must be provided to the Chair in writing. ^[78]  Dilatory motions do not require notice, are not debatable or amendable and, if in order, are put by the Chair immediately. Until 1913, dilatory motions were debatable and the consideration of the superseded question would be delayed by the debate and decision on the dilatory motion. ^[79]  When a dilatory motion is now moved, a recorded division is usually demanded and only the time used to summon the Members and take the vote serves to delay debate on other matters before the House. Obviously, when a motion to adjourn the House is adopted, the time remaining in the sitting day is also lost.

A motion to proceed to the Orders of the Day or to proceed to another order of business, while classed as a dilatory motion, is often used by the government during Routine Proceedings to counteract dilatory tactics or to advance the business of the House. A motion to proceed to the Orders of the Day, if adopted, supersedes whatever is then before the House and causes the House to proceed immediately to the Orders of the Day, skipping over any intervening matters on the agenda. ^[80] 

•  Motions to Proceed to the Orders of the Day

The motion “That the House do now proceed to the Orders of the Day” may be moved by any Member prior to the calling of Orders of the Day; however, once the House has reached this point, the motion is redundant. ^[81]  The Chair has ruled that a motion to proceed to the Orders of the Day is in order during Routine Proceedings ^[82]  which, in recent practice, is the only time that it is proposed. ^[83]  If the motion is adopted, the item of Routine Proceedings then before the House (and all further items under Routine Proceedings) and requests for emergency debates are superseded and stood overuntil the next sitting while the House moves immediately to the Orders of the Day. ^[84]  Furthermore, if a motion is being debated at the time a motion to proceed to the Orders of the Day is moved and adopted, it will be dropped from the Order Paper. If the motion to proceed to the Orders of the Day is defeated, the House continues with the business before it at the time the motion was moved. This motion has been moved by both the government and the opposition as either a dilatory tactic or to counter dilatory tactics. ^[85] 

•  Motions to Proceed to Another Order of Business

A motion “That the House proceed to (name of another order)”, if adopted, supersedes whatever is then before the House. The House proceeds immediately to the consideration of the order named in the motion. If a motion to proceed to another order is defeated, debate on the main motion or question before the House continues.

When the House is considering Government Orders, a motion to proceed to another Government Order is not in order if moved by a private Member, since the government is entitled to call its business in the sequence it wants. ^[86]  On one occasion during Government Orders, a motion was moved proposing that the House proceed to consider an item of Private Members’ Business. The Speaker ruled that while the House may move from one item to another within the same type of order, a motion to move from one type of order (Government Orders, in the case at hand) to another in a different section of the Order Paper (Private Members’ Business, in this case) is seeking to suspend the normal course of House business and, as such, is a substantive motion which could only be moved after providing notice. ^[87] 

A motion to proceed to another order has been interpreted to allow the House to move from one rubric or item of Routine Proceedings to the next in the sequence of items under Routine Proceedings, even though there may be no substantive motion before the House. ^[88]  Use of this motion has become obsolete outside of Routine Proceedings as the sequence of business during Government Orders and Private Members’ Business is now determined by various Standing Orders. The House tends to proceed by unanimous consent when it wishes to vary the order of business as set out in the rules.

•  Motions to Postpone Consideration of a Question Until a Later Date

The purpose of the non-debatable motion “That consideration of the question be postponed to (date)” is to delay the question until the day specified in the motion. It is linked to an old practice of the House, whereby each order was called each day and then postponed if it was not to be considered that day. This motion has rarely been used in the House of Commons ^[89]  and is now totally obsolete.

•  Motion to Adjourn the House

The Standing Orders provide for the House to adjourn every day at a specified time. ^[90]  However, a Member may move a motion “That the House do now adjourn” at some other time during the sitting. If the motion is agreed to, the House adjourns immediately until the next sitting day. With the exception of non-votable items of Private Members’ Business, the motion under consideration by the House at the time is not dropped from the Order Paper, but is simply put over to the next sitting day when it may be taken up again. ^[91] 

Motions to adjourn are referred to as dilatory motions when they are used as a dilatory tactic to supersede and delay the proceedings of the House. However, motions to adjourn are not to be referred to as dilatory motions when they are used by the government for the management of the business of the House. A motion to adjourn the House may be proposed by the government simply to end a sitting. ^[92]  For example, this motion has been used by the government to adjourn late in the sitting but before the scheduled hour of adjournment, rather than call another item of business; ^[93]  or to adjourn because of extraordinary circumstances. ^[94]  A motion to adjourn the House is not debatable. The House has nonetheless used this motion, by unanimous consent or special order, as the vehicle for a debate on a matter deemed important but which was not necessarily connected to any business before the House. ^[95]  In addition, the motion to adjourn the House is debatable when used to hold an emergency debate ^[96]  or, at the end of a sitting, for the adjournment proceedings. ^[97] 

A motion to adjourn the House ^[98]  is in order when moved by a Member who has been recognized by the Speaker to take part in debate on a motion before the House, ^[99]  or to take part in business under Routine Proceedings. ^[100]  A motion to adjourn the House is not in order if conditions are attached to the motion (e.g., where a specific time of adjournment is included), since this transforms it into a substantive motion which may only be moved after notice. ^[101]  In addition, a motion to adjourn the House may not be moved in the following circumstances:

• during Statements by Members or Question Period; ^[102] 
• during the question and comment period following a speech; ^[103] 
• on a point of order; ^[104] 
• by a Member moving a motion in the course of debate (the same Member cannot move two motions at the same time); ^[105] 
• during the election of the Speaker; ^[106] 
• during emergency debates or the Adjournment Proceedings since, at these times, the House is already considering a motion to adjourn; ^[107] 
• on the final allotted day of a Supply period; ^[108] 
• during debate on a motion that is the object of closure; ^[109] 
• when a Standing or Special Order of the House provides for the completion of proceedings on any given business before the House, except when moved by a Minister; ^[110]  or
• during proceedings on any motion proposed by a Minister in relation to a matter the government considers urgent. ^[111] 

If a motion to adjourn is defeated, a second such motion may not be moved until some intermediate proceeding or item of business has been considered. ^[112]  Members may move repeatedly and alternately the motions to adjourn the debate and to adjourn the House, as these motions do not have the same effect and are considered intermediate proceedings. ^[113] 

•  Motion to Adjourn the Debate

The purpose of a motion to adjourn a debate is to set aside temporarily the consideration of a motion. It can be used as a dilatory tactic or for the management of the business of the House. If the House adopts a motion “That the debate be now adjourned”, then debate on the original motion stops and the House moves on to the next item of business. However, the original motion is not dropped from the Order Paper; it remains on the House agenda and is put over to the next sitting day when it may be taken up again. Thus, the adoption of a motion to adjourn the debate has the effect of delaying further debate on a motion on that day. ^[114] If the motion to adjourn the debate is defeated, then debate on the original motion continues.

A motion to adjourn the debate is in order when moved by a Member who has been recognized by the Speaker to take part in debate on a question before the House ^[115]  (but unlike a motion to adjourn the House, it may not be moved during Routine Proceedings except during debate on motions moved under the rubric “Motions”). The other restrictions which apply to motions to adjourn the House also apply to motions to adjourn the debate. ^[116]

In order to bring a substantive proposal before the House, a notice of motion must generally be given. This is to provide Members and the House with some prior warning so that they are not called upon to consider a matter unexpectedly. ^[117] 

In most cases, notices of motions are required to be submitted in writing and printed in the Notice Paper. ^[118]  Generally, the written notices of motions which are printed in the Notice Paper are for substantive motions — self-contained motions which are not dependent on any other question before the House. There are also provisions where notices of motions are simply given orally during a sitting of the House. ^[119]  However, some other types of motions do not require any notice. ^[120]

Depending on the type of motion and who is moving it, the notice period can vary from one hour to two weeks. ^[121] It is also possible to have more than one notice on the same subject (with the exception of items of Private Members’ Business ^[122] ); but once one of the motions is moved and the House makes a decision on it, any discussion or decision on the others is precluded. ^[123] 

Written notice is required for the following motions or items of business:

• motions for leave to present a government or private Members’ bill; ^[124] 
• motions for the appointment of a committee; ^[125] 
• motions for concurrence in committee reports (including those reports for which the concurrence of the House gives rise to an order revoking a regulation or statutory instrument ^[126] );
• opposition motions on Supply days; ^[127] 
• notice of opposition to any item in the Estimates; ^[128] 
• motions to concur in interim Supply, Main Estimates, supplementary or final Estimates, or to restore or reinstate any item in the Estimates; ^[129] 
• report stage motions for amendments to bills; ^[130] 
• motions of instruction to committees;
• motions respecting Senate amendments to bills; ^[131] 
• items to be considered during Private Members’ Business; ^[132]  and
• motions dealing with the conduct of Members, Presiding Officers of the House, judges or the Governor General. ^[133] 

When the House is sitting, a Member giving notice must either table the notice (present it to a Table Officer in the Chamber) or file it with the Clerk (submit it to the Journals Branch), before 6:00 p.m. Monday through Thursday, or before 2:00 p.m. on Friday, for it to be effective on that sitting day; the item will then appear in the Notice Paper (which is appended to the Order Paper) on the next sitting day. ^[134]  On the last sitting day prior to any of the adjournment periods, the 6:00 p.m. and 2:00 p.m. deadlines do not apply. Notice for that day may be filed with the Clerk at any time up to 6:00 p.m. on the Thursday before the next scheduled sitting of the House. These notices are then printed in the Notice Paper for the day the House resumes sitting. ^[135]  If the daily deadline for giving notice is not met, the notice becomes effective at the following sitting of the House.

Members must sign any notices they are submitting for the Notice Paper in order to prevent the unauthorized use of their names and as authentication of the Member’s intentions. A notice sent by facsimile or electronic mail will be taken as an indication of a Member’s intentions; however, it must be followed up by the official notice bearing the Member’s original signature before the deadline in order to be included in the Notice Paper. ^[136] 

If necessary, the procedural staff of the Clerk of the House will consult with the sponsoring Member when any modifications are needed to the text of the motion in order to make it procedurally conform with the rules and practice of the House. ^[137]  Rarely has the Speaker been called on to intervene. ^[138]  The notice is inserted under the appropriate heading in the Notice Paper. When several notices in the same category are received, they are inserted in the Notice Paper in the order they are received.

A long-standing practice exists whereby any Member giving notice of a motion may put it under embargo — that is, he or she may instruct the Table Officers to withhold explicit information about the content of the motion until that day’s deadline for filing of notices, or until the publication the following morning of the Order Paper and Notice Paper containing the notice. In 1990, when an embargo was placed on the notice of a votable Supply day motion, to be debated and voted on a Friday, an objection was raised on the basis that the embargo had the effect of reducing the 48-hour notice period required in the circumstances. ^[139]  In his ruling, Speaker Fraser reviewed the practice with regard to embargoes and concluded that the notice requirements in this case were met and that, while placing an embargo could potentially have serious consequences, the decision is in the hands of the motion’s sponsor, and the Chair and the Table Officers are bound to follow usual practice. ^[140] 

Members have raised points of order about the procedural acceptability of motions on the Notice Paper; at times, the Chair has refused to comment until the motions are actually before the House (i.e., called as an Order of the Day); ^[141]  at other times, the Chair has ruled before the motion was before the House. ^[142] 

Removal of Notice

As long as a motion has not been proposed to the House, it remains a notice of motion and the sponsor may secure its withdrawal unilaterally, without seeking the consent of the House. ^[143]  To do so, the Member either requests in writing that the Clerk withdraw it or rises in the House to withdraw the notice orally. ^[144]  The item is then removed from the Notice Paper or the Order Paper. Alternatively, if the sponsor declines to move the motion when the order is called, it would be dropped from the Order Paper. ^[145]  Notices have also been removed from the Order Paper and Notice Paper on the Speaker’s initiative, following the death or resignation of the sponsoring Member. ^[146] 

A motion or notice of motion is considered to be in the possession of the House under the following conditions:

• once a motion has been moved;
• once a private Member’s motion has been selected following the draw for the establishment of the Order of Precedence; ^[147]  or
• once an Order of the Day has been designated for a government notice of motion ^[148]  or notice of a Ways and Means motion. ^[149] 

Such a motion or notice of motion cannot then be removed from the Order Paper unless the House so decides. The sponsoring Member or Minister must request that it be withdrawn and the House must give unanimous consent to the request. ^[150] 

Alteration to Notice

A modification to a notice of motion standing on the Notice Paper is permitted if the alterations are editorial in nature and no change is brought to the substance or scope of the original notice. ^[151]  In order to bring a substantive change to an item on notice, it is necessary to replace it with a fresh notice which is then subject to the applicable notice requirement. ^[152] 

Some items of business do not require 48 hours’ written notice, but only oral notice to be provided during a sitting of the House. For example, at least 24 hours’ oral notice is required before a Minister is permitted to move a motion for closure, ^[153]  or time allocation where there is no agreement among the parties in the House. ^[154] 

As a general rule, there are no notice requirements for motions (called “subsidiary” motions) which are dependent on other business of the House. Other motions are also exempt from notice requirements either as a result of practice or a specific Standing Order. These include, for instance:

• motions dealing with the progress of a bill after its introduction; ^[155] 
• motions to commit (i.e., refer a matter to a Committee of the Whole or other committee);
• motions for the previous question; ^[156] 
• motions to adjourn the House; ^[157] 
• motions to adjourn the debate;
• motions for another Member to “be now heard”; ^[158] 
• motions to proceed to the Orders of the Day; ^[159] 
• motions to amend a question already before the House;
• motions to postpone the question to a specific day; ^[160] 
• motions to proceed to another order of business;
• motions for time allocation to a bill, when there is complete or majority agreement among party representatives; ^[161] 
• motions for the fixing of sitting days and the hours of meeting ^[162]  or adjournment;
• motions to continue or extend a sitting; ^[163] 
• government motions to suspend the rules governing notice and times of sitting, in connection with matters considered urgent; ^[164] 
• government motions dealing with routine matters, for which unanimous consent is required but has been denied; ^[165] 
• motions based on a prima facie question of privilege; ^[166] 
• motions to correct the records of the House;
• traditional motions disposed of by the House on the opening day of a session; ^[167]
• motions to select a Deputy Speaker, a Deputy Chairman of Committees of the Whole, and an Assistant Deputy Chairman of Committees of the Whole; and
• motions for the observance of the proprieties of the House.

Either before a session begins or when the House stands adjourned, the government may wish that the House, when it resumes sitting, give immediate consideration to a matter or matters for which notice would have to be provided. In these circumstances, the government communicates its intentions to the Speaker, who then directs that a Special Order Paper and Notice Paper be published, listing notices of any government measures requiring immediate consideration by the House. ^[168]  The Speaker also ensures that the Special Order Paper and Notice Paper is circulated to all Members at least 48 hours before the sitting. A Special Order Paper and Notice Paper has been printed and circulated on more than a dozen occasions. ^[169]

The length of the notice period (i.e., the time which must elapse before the item can be considered by the House) varies, depending on the type of motion. Most notices appear in the Notice Paper; however, others may be given to the Speaker in writing or given to the House orally. A 48-hour notice period applies in most cases; ^[170]  other requirements range from one hour to two weeks.

Forty-Eight Hours’ Notice

In practice, the 48 hours’ notice requirement is not exactly 48 consecutive hours, but refers instead to the publication of the notice once in the Notice Paper and its transfer the next day to the Order Paper. For example, a Member might give notice at 6:00 p.m. on a Tuesday and be free as early as 10:00 a.m. on Thursday to proceed with his or her motion (the notice having appeared in the Notice Paper on Wednesday and in the Order Paper on Thursday). ^[171]  Furthermore, a Member giving notice of a motion on a Friday before 2:00 p.m. may propose the motion to the House on the following Monday, the minimum notice period (48 hours) having elapsed over the weekend. ^[172] 

Forty-eight hours’ written notice is required for:

• leave to introduce a bill; leave to present a resolution or address; for the appointment of any committee or to place a written question on the Order Paper; ^[173] 
• notices to oppose any item in the Estimates, during the Supply period ending June 23; ^[174] 
• motions in amendment at the report stage of a bill that has not yet received second reading; ^[175] 
• motions for concurrence in any committee report (including those reports seeking an order to revoke a regulation or statutory instrument ^[176] ); and
• motions to concur in interim Supply, the Main Estimates, and supplementary or final Estimates, or to restore or reinstate any item in the Estimates. ^[177] 

Twenty-Four Hours’ Notice

Some items of business require a notice period of 24 hours. Like the 48 hours’ notice, it is not timed by the clock. For written notices, the 24-hour notice requirement simply means that a motion may be proposed once it appears in the Notice Paper and Order Paper. (The text of the motion appears simultaneously in the Order Paper and the Notice Paper.) For example, if it is filed at 6:00 p.m. on Monday, it may be taken up at 10:00 a.m. on Tuesday. For oral notices, if it is given at any time during a sitting of the House, the motion may be taken up on the next sitting day.

Twenty-four hours’ written notice is required for:

• opposition motions on Supply days; ^[178] 
• motions respecting Senate amendments to a bill; ^[179] 
• motions in amendment to a bill at report stage following second reading; ^[180] 
• notices to oppose any item in the Estimates, except during the Supply period ending June 23; ^[181] 
• the item from the Order of Precedence which is to be considered during Private Members’ Hour; ^[182]  and
• meetings of any committee considering a private bill originating in the Senate. ^[183] 

Twenty-four hours’ oral notice is required for:

• motions for closure; ^[184]  and
• motions for time allocation to a bill, when there is no agreement among party representatives. ^[185] 

Two Weeks’ Notice

Private Members’ motions require a written notice period of at least two weeks. A Member can propose the motion only if it is selected following the draw for the establishment of the Order of Precedence and after the two-week period has elapsed. ^[186]  Private Members’ public bills, like other bills, require 48 hours’ written notice before the sponsoring Member may ask leave of the House to introduce it. Once the bill is read a first time and printed, second reading is subject to the same requirements of selection after the draw and a two-week notice. ^[187] 

One Week’s Notice

Written notice of one week is required for the meeting of any committee considering a private bill originating in the House of Commons. ^[188] 

One Hour’s Notice

There are two situations in which Members must provide at least one hour’s written notice to the Speaker; this is required if a Member wishes to:

• raise a question of privilege on a matter which has not arisen out of the proceedings in the Chamber during the course of a sitting; ^[189]  or
• request permission to move a motion for the adjournment of the House for the purpose of debating “a specific and important matter requiring urgent consideration” (request for an emergency debate). ^[190] 

A Member launches the process of debate in the Chamber by proposing or moving a motion. Where notice of a motion has been given, the Speaker will first ensure that the Member wishes to proceed with moving the motion. If the sponsor of a motion chooses not to proceed with a motion (either by not being present ^[191]  or by being present but declining to move the motion), then the motion is not proceeded with and is dropped from the Order Paper, unless allowed to stand at the request of the government. ^[192]  If the sponsor wishes to proceed and nods in agreement, the Speaker then ascertains whether there is a seconder. All motions in the House require a seconder; ^[193]  if none is found, the Speaker will not propose the question to the House and no entry appears in the Journals as the House is not in possession of it. ^[194]  Any Member may act as a seconder, even for government motions which may be moved only by Ministers. ^[195]  Once a motion is moved and seconded, it is still not properly before the House — that is, it may not be debated — until it has been proposed and read from the Chair. ^[196] 

For motions which do not require notice, a Member will typically move the motion at the end of his or her speech. Before recognizing another Member on debate, the Speaker first asks if there is a seconder for the motion. If there is a seconder, and after the motion is received in writing, the Speaker proposes and reads the motion to the House.

The provision that a motion be in writing applies to all motions, whether or not they require notice, as well as to amendments and sub-amendments, both in the House and its committees. When notice of a motion has been given, the provision for it to be in writing is automatically met since the text of the motion appears on the Order Paper. In all other instances when the motion does not appear on the Order Paper or has not been printed and distributed to Members, the Speaker must receive a written copy of the motion before proposing it to the House prior to debate. The Member will also affix his or her signature to the text of the motion.

Before reading a motion to the House, it is the Speaker’s duty to ensure that the motion is procedurally in order. This is done by verifying that the notice requirement (if any) was satisfied; that the wording of the motion corresponds with the notice; and that it contains no objectionable or irregular wording. Any part of a motion found out of order will render the whole motion out of order. ^[197]  If the Chair finds the form of the motion to be irregular, he or she has the authority to modify it in order to ensure that it conforms to the usage of the House. ^[198]  This is usually done with the concurrence of the mover. ^[199]  If a motion is ruled out of order, a Member may move it again after the necessary corrections have been made and the notice requirements satisfied; it is then treated as a new motion.

In ruling a motion out of order, the Speaker informs the House of the reasons and quotes the Standing Order or authority applicable to the case. ^[200]  The motion is not proposed to the House and is dropped from the Order Paper.

If the motion is found to be in order, and has been moved and seconded, the Speaker proposes the motion to the House. Once the Speaker has read the motion in the words of its mover, it is considered to be before the House. Every motion found to be in order and proposed from the Chair is entered in the Journals. (See Figure 12.2, Moving a Motion.)

Figure 12.2 – Moving a Motion

The motion is read in English and in French by the Speaker; if the Speaker is not familiar with both languages, he or she reads the motion in one language and directs the Clerk to read it in the other. ^[201]  In practice, the provision that all motions be read in their entirety is regularly relaxed, particularly for lengthy motions. The Speaker will read the first words and then ask, “Shall I dispense (with reading the entire text)?”, to which the response from Members is usually affirmative. ^[202]  Likewise, the provision that all motions be read in both languages is also regularly relaxed, given the existence of simultaneous interpretation on the floor of the House and the immediate availability of the text of the motion in both official languages on the Order Paper or Notice Paper. When a motion does not appear on the Order Paper or has not been printed and distributed, Members may request at any time during debate that the Chair read the question aloud, so long as no Member speaking to the matter is thereby interrupted. ^[203] 

After a motion has been proposed to the House, the Speaker recognizes the mover as the first to speak in debate. If the mover chooses not to speak, he or she is nonetheless deemed to have spoken (by nodding, the Member is considered to have said “I move” and this is taken as speech in the debate). ^[204]  The Member who seconds a motion is not required to speak to it at this point, but may choose to do so later in the debate. The one exception occurs during the debate on the Address in Reply to the Speech from the Throne, when it is traditional for the seconder to be recognized to speak immediately after the mover has spoken. ^[205]

The moving of a motion was formerly subject to the ancient “rule of anticipation” which is no longer strictly observed. According to this rule, which applied to other proceedings as well as motions, a motion could not anticipate a matter which was standing on the Order Paper for further discussion, whether as a bill or a motion, and which was contained in a more effective form of proceeding. ^[206]  (For example, a bill or any other Order of the Day is more effective than a motion, which in turn has priority over an amendment, which in turn is more effective than a written or oral question.) If such a motion were allowed, it could indeed forestall or block a decision from being taken on the matter already on the Order Paper.

While the rule of anticipation is part of the Standing Orders in the British House of Commons, it has never been so in the Canadian House of Commons. Furthermore, references to attempts made to apply this British rule to Canadian practice are not very conclusive. ^[207] 

The rule is dependent on the principle which forbids the same question from being raised twice within the same session. It does not apply, however, to similar or identical motions or bills which appear on the Notice Paper prior to debate. ^[208]  The rule of anticipation becomes operative only when one of two similar motions on the Order Paper is actually proceeded with. ^[209]  For example, two bills similar in substance will be allowed to stand on the Order Paper but only one may be moved and disposed of. If the first bill is withdrawn, the second may be proceeded with. If a decision is taken on the first bill, the other may not be proceeded with. A point of order regarding anticipation may be raised when the second motion is proposed from the Chair, if the first has already been proposed to the House and has become an Order of the Day.

An exception has been allowed, however, in the case of an opposition motion on a Supply day related to the subject matter of a bill already before the House. Under the normal application of the rule, the Chair would refuse the motion because it ranks as inferior to a bill. The Speaker has nonetheless ruled that the opposition prerogative in the use of an allotted day is very broad and ought to be interfered with only on the clearest and most certain procedural grounds. ^[210] 

At one time, Members were also prohibited from asking a question during Question Period if it was in anticipation of an Order of the Day; this was to prevent the time of the House being taken up with business to be discussed later in the sitting. ^[211]  In 1975, the rule was relaxed in regard to questions asked during Question Period when the Order of Day was either the Budget debate or the debate on the Address in Reply to the Speech from the Throne, as long as questions on these matters did not monopolize the limited time available during Question Period. ^[212]  In 1983, the Speaker ruled that questions relating to an opposition motion on a Supply day could also be put during Question Period. ^[213]  In 1997, the Standing Committee on Procedure and House Affairs recommended, in a report to the House, that questions not be ruled out of order on this basis alone. ^[214]  The Speaker subsequently advised the House that the Chair would follow the advice of the Committee. ^[215] 

Once a motion has been proposed from the Chair, it is in the possession of the House and may be debated. A Member who has moved a motion may request that it be withdrawn, but this can only be done with the unanimous consent of the House. ^[216]  If any Member objects or rises to speak to the original motion, the Speaker deems that unanimous consent has been withheld. Conversely, if no dissenting voice is heard, the Speaker declares the motion withdrawn and an entry to that effect appears in the Journals. Any motion thus withdrawn may again be put on notice and moved at a later date; ^[217]  it will be treated as a new motion. An amendment and a sub-amendment may also be withdrawn in this manner. ^[218] 

Similarly, a Member wishing to withdraw his or her motion, amendment or sub-amendment and to alter or replace it with another must request and obtain unanimous consent to do so. ^[219]  However, no motion or amendment may be withdrawn if an amendment or sub-amendment to it is before the House. Members have received the consent of the House for the withdrawal of motions (or amendments) moved by other Members. ^[220] 

The term “withdraw” is commonly used when Members seek to remove a motion from the consideration of the House after it has been moved and has been ordered for further consideration (as in the case of a bill awaiting second reading). In such cases, since the item is subject to an order of the House, it cannot be withdrawn until the order of the House has been discharged. ^[221]  The House must first consent to the discharge of the order and then to the withdrawal of the item.

When a complicated motion comes before the House (for example, a motion containing two or more parts each capable of standing on its own), the Speaker has the authority to modify it and thereby facilitate decision-making for the House. When any Member objects to a motion that contains two or more distinct propositions, he or she may request that the motion be divided and that each proposition be debated and voted on separately. The final decision, however, rests with the Chair. On a related matter, the Speaker has ruled that the practice of dividing substantive motions has never been extended to bills and that the Chair has no authority to do so. ^[222]

The matter of dividing a complicated motion has arisen in the House on at least three occasions. In 1964, a complicated government notice of motion was divided and restated when the Speaker found that the motion contained two propositions which many Members objected to considering together. ^[223]  In 1966, faced with a similar request, the Speaker ruled against taking such an action, stating that only in exceptional circumstances should the Chair make this decision on its own initiative. ^[224]  In 1991, in response to a request to divide a motion dealing with pro-posed amendments to the Standing Orders, the Speaker undertook discussions with the leadership of the three parties in the House, subsequently ruling that, for voting purposes, the motion would be divided into three groupings, in addition to the paragraphs relating to the coming into force of the motion. ^[225] 

The will of the House is ascertained by means of a vote. Once debate on a motion has concluded, the Speaker puts the question and the House pronounces itself on the motion. ^[226]  A simple majority of the Members present and voting is required to adopt or defeat a question. The Constitution Act, 1867 provides that:

Questions arising in the House of Commons shall be decided by a Majority of Voices other than that of the Speaker, and when the Voices are equal, but not otherwise, the Speaker shall have a Vote. ^[227] 

A decision on a motion before the House can be made with no dissenting voices, in which case the motion is adopted and no division is taken. ^[228]  When there are dissenting voices, a vote (or division) is taken. This can be either a voice vote or a recorded vote ^[229]  where the House is called on to divide into the “yeas” and the “nays”. ^[230] 

When debate on a motion appears to be finished (i.e., when no Member rises to be recognized for debate), the Speaker asks if the House is ready for the question — that is, if the House is ready to come to a decision. If no Member rises to speak, the Speaker puts the question to the House for a decision.

Some Standing Orders provide for deadlines within which the Speaker can or must proceed with putting the question on specific matters, unless debate on the motion has already collapsed or unless there is no provision for debate. For instance:

• motions to extend the sitting hours during the last 10 sitting days in June; ^[231] 
• sub-amendments, amendments and the main motion for an Address in Reply to the Speech from the Throne; ^[232] 
• closured motions; ^[233] 
• when the motion for the previous question is adopted, the question on the main motion must be decided immediately without debate or amendment; ^[234] 
• motions for time allocation; ^[235] 
• opposition motions and Supply motions on the last allotted day of each Supply period; ^[236] 
• the main Budget motion and any amendment or sub-amendment; ^[237] 
• votable items of Private Members’ Business; ^[238]  and
• motions for the production of papers. ^[239] 

In addition, special orders may also contain provisions for the Speaker to put a question at a specific time.

When the House appears ready to come to a decision, the Speaker will ask, “Is the House ready for the question?” If no Member rises to speak, the Speaker is then satisfied that the debate has concluded and puts the question to dispose of the motion. If debate terminates pursuant to a predetermined deadline, the Speaker interrupts the proceedings to put the question, in accordance with the terms of the Standing Order or the special order.

“Putting the question” means that the Speaker reads the main motion, followed by any proposed amendment or sub-amendment in order. ^[240] The Speaker then asks, “Is it the pleasure of the House to adopt the motion?” In the absence of any dissenting voice, he or she will declare the motion carried; in this way, a question can be decided without resorting to a vote. If the Speaker hears a dissenting voice, he or she may first verify whether the House wishes to have the motion declared carried or negatived simply “on division”. Alternatively, the Speaker will proceed to conduct a voice vote and then, if it is demanded, a recorded vote. (See Figure 12.3, Putting the Question.)

Figure 12.3 – Putting the Question

When a motion, an amendment, and a sub-amendment have been proposed, the question is put first on the sub-amendment:

• If the sub-amendment is negatived, debate may then resume on the amendment, another sub-amendment may be moved and debated, or the question is put on the amendment;
• If the sub-amendment is adopted, debate may then resume on the amendment as amended, another sub-amendment may be moved and debated, or the question is put on the amendment as amended.

The question is then put on the amendment (or the amendment as amended):

• If the amendment (or the amendment as amended) is negatived, debate may then resume on the main motion and a new amendment and sub-amendment may be moved and debated, or the question is put on the main motion;
• If the amendment (or the amendment as amended) is adopted, debate may then resume on the main motion as amended, and a new amendment and sub-amendment may be moved and debated, or the question is put on the main motion as amended.

When all sub-amendments and amendments are disposed of and debate on the main motion (or the main motion as amended) concludes, the question is put on the main motion.

On Division

Members who do not wish a motion to be carried or lost unanimously, but who do not want a recorded division, may indicate their position by simply stating “on division” after the Speaker has asked if it is the pleasure of the House to adopt the motion. The Speaker will then declare the motion carried or lost on division.

Voice Vote

When it is obvious that the House wishes to divide on the question (i.e., dissent is expressed when the Speaker asks if it is the pleasure of the House to adopt the motion), the Speaker will take a voice vote. He or she will ask for the decision of the House by saying, “All those in favour of the motion will please say ‘yea’”; and then, “All those opposed will please say ‘nay’”. The Speaker listens to both responses, judges the voices and the sense of the House, and states his or her opinion as to the result: “In my opinion, the yeas (nays) have it”. If there is no objection, the Speaker then declares the motion carried or lost, as the case may be; however, if five or more Members rise to signal a demand for a recorded vote, the Speaker will say, “Call in the Members”. ^[241]  If fewer than five Members rise, the Speaker concludes that the initial assessment is correct and declares the motion carried or negatived on division. It sometimes happens that, after the yeas and nays have been called, Members have said “on division” to indicate that the question was not decided unanimously, without resorting to a recorded vote. ^[242] 

Requirement to Vote

There is no rule requiring a Member to vote. ^[243]  A Member may abstain from voting simply by remaining seated during the vote. Such abstentions are of an unofficial status and are not recorded although, on occasion, Members have risen following a vote to offer an explanation as to why they had abstained, ^[244]  or how they would have voted had they been present when the question was put. ^[245] 

Direct Pecuniary Interest

No Member is entitled to vote on any question in which he or she has a direct pecuniary interest, and any vote cast in these circumstances is to be disallowed. ^[246]  For a Member to be disqualified from voting, the monetary interest must be direct and personal. A Member’s personal interests would not be challenged on questions of public policy, which have a broad application. Even voting a pay increase to Members themselves does not amount to a case of direct monetary interest because it applies to all Members, rather than just one, or to certain Members but not to others. ^[247] 

Where a Member has a direct pecuniary interest in a question, he or she simply abstains from voting. ^[248]  If a Member’s vote is questioned, it is the practice to accept the Member’s word. ^[249]  If the House wishes to pursue the issue, notice must be given of a substantive motion to disallow a Member’s vote. ^[250]  While several Members have voluntarily abstained from voting, or have had their votes questioned, no Member’s vote has ever been disallowed on grounds of direct monetary interest.

Once the Speaker has ordered that the Members be called in for a recorded vote, the division bells are rung and the party Whips assemble their Members. The Sergeant-at-Arms is responsible for ensuring that the division bells are rung in all the buildings of the parliamentary precinct. While the division bells ring, a Presiding Officer remains in the Chair waiting for the Members to assemble for the vote. During this period, the proceedings of the House are effectively suspended; debate has ceased, and no Member can be recognized by the Chair for whatever reason. Committees may voluntarily suspend their meetings so that Members may respond to the bells. ^[251] 

Length of Bells

Depending on the type of motion being debated and the conditions surrounding the taking of the vote, division bells can ring for a maximum of either 15 or 30 minutes: ^[252] 

• 15-minute bells — Whenever the Speaker is obliged under the rules or by a special order to put a question or questions at a specific time and a recorded division has been requested, the division bells are rung for not more than 15 minutes; ^[253] 
• 30-minute bells — The bells calling in the Members for a vote on a non-debatable motion or for an unscheduled vote on a debatable motion are rung for not more than 30 minutes. ^[254] 

For example, the bells ring for 15 minutes for votes scheduled to be taken during the debate on the Address in Reply to the Speech from the Throne and during the Budget debate and at the conclusion of debate on a motion subject to a time allocation order. The bells would also ring for up to 15 minutes for recorded divisions demanded on opposition motions on Supply days. If two or more recorded divisions are to be held successively without intervening debate, the division bells are sounded only once to call the Members in. ^[255] 

Appearance of the Whips

When the Government and Opposition Whips conclude that their respective Members are ready to vote, the Whips make a ceremonial return to the House, and the bells stop ringing. They enter together, proceed up the aisle towards the Chair, bow to the Speaker and to each other and resume their seats. This convention provides a signal to the Speaker that the House is ready to proceed with the vote. Once the Whips have taken their seats, the Speaker calls the House to order and immediately puts the question.

The party Whips may return to the Chamber before the bells are due to stop ringing. On occasion, this has occurred with the prior knowledge and consent of the House; ^[256]  at other times, the vote was taken before the bells had rung for the maximum period of time and Members voiced their objection by raising points of order. ^[257]  The Speaker has ruled that the Standing Orders stipulate only that the bells ring for “not more than” 15 or 30 minutes, as the case may be, and that it is therefore possible for the division bells to ring for a shorter period of time. ^[258]  In one case, a 15-minute bell lasted 30 minutes pending the arrival of the Whips and this became the subject of a point of order. On that occasion, the Chair stated that the House should maintain the delicate balance which respects the spirit of the Standing Orders with regard to the designated time of division bells, without infringing upon the traditional role of the Whips. ^[259]  On occasion, a vote was taken even if one of the Whips had not appeared after the bells rang for the maximum prescribed length of time. ^[260]  In each case, the Government Whip re-entered the Chamber but the Opposition Whip, as an act of protest, remained outside the Chamber (sometimes with the entire caucus).

The Speaker has also ruled that it is within the authority of the Chair to intervene during the ringing of division bells should the terms of the motion for which a recorded division has been demanded become inoperable or moot. For example, if a motion to adjourn the House, to adjourn the debate or to proceed to Orders of the Day has been moved and a recorded division demanded but not taken by the ordinary hour of daily adjournment, then the Speaker may order the bells silenced and adjourn the House since those motions are inoperable beyond the ordinary hour of adjournment. ^[261] 

Deferred Divisions

A recorded division on a debatable motion, if demanded, need not be held immediately; it may be deferred to a later time pursuant to various provisions in the Standing Orders or by a special order of the House.

A recorded division on a debatable motion may be deferred to a designated time at the request of the Chief Government Whip or the Chief Opposition Whip, either of whom is acting alone. ^[262]  One of the Whips may approach the Speaker, after the question has been put and while the division bells are ringing, to ask that the vote be deferred. The Speaker stops the ringing of the bells and then informs the House that the recorded vote is deferred until the time requested by the Whip — later in the same sitting or to a specific time not later than the ordinary hour of adjournment on the next sitting day that is not a Friday. ^[263]  If both Whips make a request for the deferral of a vote to different times, the Speaker makes the final decision. ^[264] 

Alternatively, after a recorded division has been demanded and the division bells are ringing, the Chief Government Whip may, with the agreement of the Whips of all the recognized parties, approach the Chair and ask the Speaker to defer the division to an agreed-upon date and time that may even be beyond the ordinary hour of adjournment on the next sitting day. ^[265]  If the vote is on an item of Private Members’ Business, the item’s sponsor must also agree. Likewise, recorded divisions already deferred to a specific date and time may further be deferred to any other date and time.

Recorded divisions on debatable motions demanded on a Friday are automatically deferred until the ordinary hour of daily adjournment on the next sitting day; similarly, when on Thursday, a recorded division is deferred to Friday, it is automatically deferred further to the next sitting day — usually the following Monday — at the ordinary hour of daily adjournment. ^[266] 

On Supply days, a recorded division on a votable opposition motion by a Member of a recognized party other than the Official Opposition may also be deferred at the request of the Whip of that party. ^[267]  However, recorded divisions on votable opposition motions on the last allotted day in a Supply period cannot be deferred, ^[268]  except with the agreement of the Whips of all recognized parties. ^[269]  Recorded divisions on opposition motions are deferred from a Friday to a Monday if Friday is not the last allotted day in the Supply period. ^[270]  On one occasion, the House made an exception and adopted a special order providing for the deferral of divisions on the Business of Supply on the last allotted day in the Supply period which was a Friday. ^[271] 

During the report stage of a bill, recorded divisions on motions in amendment may be deferred at the Speaker’s discretion, from sitting to sitting if necessary, until all motions or a certain number of them have been considered by the House. ^[272]  When all report stage motions have been considered, the House then proceeds to the taking of the deferred divisions; either the Chief Government Whip or Chief Opposition Whip may further defer the vote to no later than the ordinary hour of adjournment on the next sitting day. On Friday only, a recorded division on the motion to concur in a bill at report stage, while being a non-debatable motion, is nonetheless automatically deferred. ^[273] 

At the end of the time provided for the consideration of a votable item of Private Members’ Business, a recorded division may not be deferred except by agreement of the Whips of all recognized parties and the sponsor of the item. ^[274]  If debate is concluded prior to the time provided in the Standing Orders, either the Chief Government Whip or the Chief Opposition Whip may defer the vote.

A recorded division on a bill which is under a time allocation order may be deferred by the Chief Government Whip or the Chief Opposition Whip only if debate collapses prior to the time set out in the time allocation order.

The rules of the House restrict the further deferral of a deferred division, ^[275]  except with the agreement of the Whips of all the recognized parties. ^[276]  After the deferral of a vote, the House continues with the business before it. ^[277] 

When the time arrives to take one or more deferred divisions, the Speaker interrupts the proceedings at the time set down in the Standing Orders or ordered by the House, informs the House that the deferred vote or votes will now be held, and orders that Members be called in. The division bells are rung for not more than 15 minutes. ^[278]  Once the Whips have appeared, the Speaker proceeds immediately to put the question. When there are several votes to be taken, the House may first agree to the sequence in which they will be taken; otherwise, the questions are put in the order in which they came before the House and were deferred. ^[279] 

In recent practice, a large percentage of recorded divisions are deferred, tending to be clustered and taken seriatim on Tuesday and Wednesday at the end of the time provided for Government Orders or at the ordinary hour of daily adjournment. ^[280] 

When the Whips have returned to the Chamber and the division bells have stopped ringing, the Speaker calls the House to order, rises and reads the motion, adding, “The question is on the main motion (or amendment). All those in favour of the motion (or the amendment) will please rise”. The “yeas” are recorded first. As each Member rises and bows to the Speaker, his or her name is called by the Table Officers recording the votes. Members resume their seats after casting their votes. When the “yeas” have voted, the Speaker says, “All those opposed to the motion (or the amendment) will please rise”. The “nay” votes are taken in the same manner as the “yea” votes.

Recorded divisions may be conducted in one of two ways: as a party vote or as a row-by-row vote. Generally, a recorded division on government business is conducted as a party vote, ^[281]  and a recorded division on Private Members’ Business is conducted as a row-by-row vote.

Conducting a Party Vote

In conducting a party vote, Members’ votes are taken by party, in order relative to each party’s strength in the House and in rows according to the party seating arrangements, starting with the party leaders. If a Member wishes to vote in a different fashion to his or her party, the Member must rise when the “yeas” (or “nays”, as the case may be) are called.

Conducting a Row-by-Row Vote

The calling of a recorded division row-by-row does not proceed by party but rather by the seating rows in the Chamber. ^[282]  In conducting a row-by-row vote, the Speaker first calls for the “yeas”. Members in the first row to the right of the Speaker and who are in favour of a motion are requested to rise. After the Table Officers call their names, starting with the Member closest to the Chair, Members resume their seats. Members in the second row who are in favour of the motion then rise. After all Members to the right of the Chair who are in favour of the motion have risen and voted, Members to the left of the Chair who are in favour rise to vote in rows regardless of party affiliation. The same procedure is followed for those who oppose the motion (the “nays”). When a recorded division is taken on an item of Private Members’ Business, the vote of the Member sponsoring the bill or motion is recorded first, if he or she is present, followed by the votes of the other Members on the same side of the House, starting with the back row, who are in favour of the bill or motion and then the Members on the other side of the House, starting with the back row, who are in favour of the item. Votes against are recorded in the same order. ^[283] 

Free Votes

There are no rules or Standing Orders defining what constitutes a free vote in the House of Commons. Simply defined, a free vote takes place when a party decides that, on a particular issue, its Members are not required to vote along party lines, or that the issue is not a matter of party policy and its Members are free to vote as they choose. A free vote may be allowed by one or more parties or it may be allowed by all parties. ^[284]  Where all parties propose a free vote, the recorded division may be called as a row-by-row vote or in the normal manner of a party vote. The decisions taken by the parties (as to whether or not a matter should be decided in a free vote) are not issues on which the Speaker could be asked to rule.

In the Canadian system of responsible government, free votes have a special relationship to the confidence convention. The principle underlying this convention is simply that the government must enjoy the support of the majority of Members of the House of Commons and be responsible for its actions to this elected body. The confidence convention holds that where a motion does not contain an explicitly worded condemnation of the government, or where the government has not declared a particular vote to be a question of confidence, or where there is no implicit vote of non-confidence (such as in a motion to adopt the Budget, the Address in Reply or the granting of Supply), then the government is at liberty to interpret the result of the vote in any manner it wishes. ^[285]  Consequently, when under such conditions the government declares that it will treat a matter as a free vote, the convention holds that the defeat of the item does not amount to a vote of non-confidence in the government. ^[286] 

It is not clear when the first free vote was held in the House of Commons; however, since the 1946 free vote on milk subsidies, ^[287]  there have been several free votes on government business. For example, free votes were held on the issues of the selection of a national flag, ^[288]  capital punishment, ^[289]  abortion, ^[290]  the prohibition of discrimination on the basis of sexual orientation ^[291]  and constitutional amendments. ^[292] 

Announcing the Results

Regardless of how a recorded vote is conducted, the results are always announced in the same way. When the votes have been recorded and the “yeas” and “nays” counted, the Clerk rises and reports the result of the vote to the Speaker. The Speaker then declares the motion (or amendment) carried (or lost).

The Clerk of the House has the responsibility for taking and recording all votes. The Clerk sits at the head of the Table in preparation for a vote. A Table Officer stands to the right of the Clerk, facing the House, ready to call out the names of the Members as they rise and vote. Other Table Officers sit on either side of the Clerk recording the number of Members voting “yea” or “nay”. Any discrepancy between the tallies must be reconciled before the result of the vote is announced to the Chair by the Clerk.

During a recorded division, if the Speaker’s attention is drawn to the fact that the sum of the votes and the number of Members present who did not vote (including the Speaker) do not total at least 20, then the question remains undecided; the usual quorum procedure is then triggered. ^[293] If no objection is raised at the time the result of the vote is read to the House, the Speaker simply confirms the result and business proceeds as though there were a quorum. ^[294] 

Votes Held Successively

Where Members are prepared to vote on more than one question, the House proceeds immediately to the next question after the taking of the first vote. This usually arises as a consequence of deferring votes to a particular time. ^[295]  In recent years, an old practice has been revived whereby the results of one vote are applied to others. ^[296]  Normally, the Chief Government Whip will request the unanimous consent of the House to have the results of one vote directly applied — or on occasion applied in reverse — to subsequent divisions and recorded separately. ^[297]  The Whips of the other parties and Members without party affiliation usually rise to indicate their agreement. The Speaker then declares the motions as being either carried or lost. This manner of proceeding is considered to result in an appreciable saving of the time of the House. ^[298] 

Since the beginning of the Thirty-Fifth Parliament (1994-97), another practice which has developed often occurs in concert with applied voting when there are several motions to vote on at one sitting. Following a recorded division which establishes the Members who are present and how they voted, the Chief Government Whip will rise to request that unanimous consent be given to record the names of Members who voted on the previous motion as having voted on the next motion with government Members being recorded under the “yeas” or “nays”. The Whips of the other parties then rise and declare how their parties wish to be recorded as having voted for the motion; ^[299]  finally, Members without party affiliation indicate how they wish to be recorded. Any Member wishing to vote differently from his or her party may rise on a point of order to state how he or she wants to be recorded as voting. Once the new voting pattern has been tabulated by the Table Officers, the Clerk rises and reports the results to the Speaker who will then declare the motion carried or lost. Again, this manner of proceeding is considered to result in appreciable savings of the time of the House.

Pairing of Members

Pairing is a practice whereby the party Whips arrange for two Members from opposite sides of the House to agree that they will abstain from voting on a particular occasion to permit one or both to be absent from the House. In this way, their votes are effectively neutralized and the relative strength of their parties in the House maintains its balance. ^[300]  Until recently, pairing had no official standing and was considered a private arrangement between Members. ^[301] 

In 1991, these arrangements were somewhat formalized. The Standing Orders now provide for the establishment of a Register of Paired Members which is kept at the Table. ^[302]  To indicate that they will not take part in any recorded divisions held on a particular date, Members have their names entered together in the Register by their respective Whips. Independent Members sign for themselves. The names of Members so paired are printed in the Debates and in the Journals immediately following the entry for any recorded division held on that day. ^[303] 

The Standing Orders are silent on the question of a broken pair, which occurs when a paired Member votes. As Speaker Fraser noted in 1992, notwithstanding the newly formalized way of arranging pairs, agreements to pair still are private arrangements between Members and not matters in which the Speaker or the House can intervene. ^[304]  Members who inadvertently vote when paired must seek the unanimous consent of the House to rescind their votes.

The Casting Vote

The Speaker may not participate in the debates of the House; but in the event of a tie vote, the Speaker has a deciding or casting vote. ^[305]  When using the casting vote, the Speaker may briefly explain the reasons for voting in a given manner. The reasons are then entered in the Journals. For further details, see Chapter 7, “The Speaker and Other Presiding Officers of the House”.

Decorum During the Taking of a Vote

When Members have been called in for a division, no further debate is permitted. ^[306]  From the time the Speaker begins to put the question until the results of the vote are announced, Members are not to enter, leave or cross the House, or make any noise or disturbance. ^[307] 

Members must be in their assigned seat in the Chamber and have heard the motion read in order for their votes to be recorded. ^[308]  Any Member entering the Chamber while the question is being put or after it has been put cannot have his or her vote counted. ^[309]  Members must remain seated until the result is announced by the Clerk. ^[310]  Members’ votes have been questioned because they left the Chamber immediately after voting and before the results of the vote were announced, or because they did not remain seated throughout the process. ^[311]  However, if a Member’s presence is disputed and the Member in question asserts that he or she was present when the motion was read, convention holds that the House accepts the Member’s word. ^[312] 

When breaches of decorum have been drawn to the attention of the Chair, the Speaker has reminded Members of the need for order in the House while votes are being taken. ^[313]  When there is disorder in the galleries during a division, the Speaker may interrupt the proceedings until the galleries are cleared, and then continue with the taking of the vote. ^[314] 

Points of Order and Questions of Privilege

Although the Standing Orders do not expressly forbid the raising of points of order and questions of privilege during divisions, the general practice has been to proceed with the vote and to hear its result before bringing forward any points of order or questions of privilege. ^[315]  There have been occasions when Members have attempted to bring some matter to the attention of the Speaker in the course of a vote (after the Members have been called in and before the result is declared), and the Chair has declined to interrupt the voting process in favour of hearing the point of order or question of privilege. ^[316]  More recently, however, points of order related to the recording of the vote were heard and addressed during the voting process. ^[317]  Immediately after the announcement of the result of a vote, Members who were unable to be in the Chamber for a vote sometimes rise on a point of order to explain how they would have voted had they been present. ^[318] 

Corrections in a Vote

A vote once taken and recorded stands as a decision of the House; a Member’s vote cannot be changed. However, Members have risen after a vote to indicate an error or to request a change either because inadvertently they voted contrary to their intentions or voted when paired. In some instances, a vote was changed; ^[319]  in others, the request was denied. ^[320] 

A Member whose name has been missed or incorrectly called may correct the error either before the result of the vote is announced, if the error is noted at the time the vote is taken, or as soon thereafter as the error is noted. ^[321]  If the correction is made after the Journals are printed, a corrigendum appears in the Journals of the next sitting.

A Decision Once Made Must Stand

A decision once made cannot be questioned again but must stand as the judgement of the House. ^[322]  Thus, for example, if a bill or motion is rejected, it cannot be revived in the same session. ^[323]  This is to prevent the time of the House from being used in the discussion of motions of the same nature with the possibility of contradictory decisions being arrived at in the course of the same session. It is not in order for Members to “reflect” on (i.e., to reconsider or go back upon) votes of the House, and when this has occurred, the Chair has been quick to call attention to it. ^[324]  Members have also occasionally called attention to the rule. ^[325] 

The House may reopen discussion on an earlier decision (i.e., a resolution or an order of the House) only if the intention is to revoke it; ^[326]  this requires notice of a motion to rescind the resolution or discharge the order, as the case may be. ^[327]  This allows the House to reconsider an earlier resolution or order and, if the original resolution or order is in fact rescinded or discharged, the way is then clear for the House to make a second decision on the same question. A number of instances of orders of the House discharged have concerned arrangements made by the House for the scheduling of its sittings, ^[328]  or for the withdrawal of bills and motions. ^[329] 

The Issue of Electronic Voting

The suggestion to install a system for electronic voting in the Chamber has been put forward over the years as a way to improve the management of the time of the House. ^[330]  In 1985, the Second Report of the McGrath Committee recommended computerized electronic voting, which it felt would reduce the amount of time taken by the House for recorded votes. ^[331]  In the government’s response to the report, there was agreement in principle to the recommendation; but the matter was not taken up by the House. ^[332]  In 1995, the Standing Committee on Procedure and House Affairs noted that changes in the way that recorded votes are organized and arranged had significantly altered the context for consideration of electronic voting (this refers to the practices of deferring several votes to the same day and time, and of applying results or votes, which the Committee found to have “greatly speeded up the voting process”). The Committee’s recommendation was that the House not proceed at that time to a system of electronic voting. ^[333]  In the First Session (1997-99) of the Thirty-Sixth Parliament, the Committee briefly considered the question of electronic voting, but did not report to the House. ^[334] 

At times, the House may choose to depart from, vary, or abridge, the rules it has made for itself. When the House has made substantial or permanent modifications to its procedures or practices, it has usually proceeded by way of motion preceded by notice; ad hoc changes, on the other hand, are often made by obtaining the consent of all Members present in the House at the time the departure from the rules or practices is proposed. Such a suspension of the rules or usual practices is done by what is termed “unanimous consent”. ^[335]  When unanimous consent is sought, the Chair takes care to determine that no voice is raised in opposition; if there is one single dissenting voice, there can be no unanimity. ^[336]  Whenever the House proceeds by unanimous consent, the fact is noted in the official record. ^[337]

Perhaps the most common application of unanimous consent is to escape the notice provisions of the Standing Orders. ^[338]  For example, unanimous consent is sought to waive the notice requirement applicable to a substantive motion ^[339]  and, once it is granted, a motion can be brought forward for a decision by the House. Bills have been introduced without the requisite notice; ^[340]  likewise, motions authorizing committees to travel or to change their membership (so-called “housekeeping” matters) have been introduced without notice by unanimous consent and then decided. ^[341]  Neither is it a rare occurrence for a committee report to be presented and, by unanimous consent, concurred in on the same day. ^[342]  Unanimous consent has also been sought to move, without notice, a motion proposing changes to the Standing Orders; it was granted and the motion was adopted without debate. ^[343] 

For the most part, unanimous consent is used as a means of expediting the routine business of the House or as a means of extending the courtesies of the House. During debate, unanimous consent has been sought to extend briefly the length of speeches or the length of the questions and comments period following speeches; ^[344]  to permit the sharing of speaking time; ^[345]  to permit a Member who has already spoken once to a question to make additional comments; ^[346]  and even to alter the usual pattern of rotation of speakers. ^[347] 

The arrangement of House business is also commonly achieved by unanimous consent. This may involve changes to the order of business, ^[348]  the suspension of sittings, ^[349]  alterations in adjournment hours or sitting days ^[350]  and special orders respecting procedures for individual events. ^[351]  The established order of the daily agenda of the House, particularly with respect to the sequence in which items are taken up during Routine Proceedings, is often altered by seeking unanimous consent to revert to an item in Routine Proceedings. ^[352]  Thus, Members who may have inadvertently missed their cues under rubrics such as “Tabling of Documents”, “Presenting Reports from Committees”, “Introduction of Private Members’ Bills” and “Petitions” routinely seek and are often granted unanimous consent to return to the appropriate item.

With unanimous consent, bills have been advanced through more than one stage in a single day and referred to a Committee of the Whole rather than a standing committee ^[353]  and have even been amended by unanimous consent. ^[354] 

During divisions, unanimous consent has been sought to apply the results of one vote to another vote, ^[355]  or to vote row-by-row, ^[356]  or to apply Members’ votes to subsequent divisions. ^[357]  By unanimous consent, recorded divisions have been deemed demanded and deemed deferred. ^[358]  A private Member may seek unanimous consent to table a document referred to in debate, which is precluded in normal practice. ^[359] 

Less common uses of unanimous consent can also be identified. For example, at the beginning of the Third Session (1991-93) of the Thirty-Fourth Parliament, two bills from the previous session were, by unanimous consent, reinstated on the Order Paper at the same stage that they were at when Parliament was prorogued; ^[360]  committees have been reinstated, by unanimous consent, for the sole purpose of completing projects begun in the previous session. ^[361] 

There are two Standing Orders which explicitly recognize the use of unanimous consent. The first provides that “a Member who has made a motion may withdraw the same only by the unanimous consent of the House”. ^[362]  The substance of this rule has been in place since Confederation and is based on the principle that any motion once moved becomes the property of the House. It also applies to amendments and sub-amendments.

The second rule provides that if, at any time during a sitting of the House, unanimous consent is denied for the presentation of a “routine motion”, then a Minister may request, during Routine Proceedings, that the Speaker propose the question on the motion. ^[363]  This request can be made later in the same sitting or at a subsequent sitting of the House. ^[364]  When the request is made, the question is put forthwith on the motion without debate or amendment. ^[365]  If 25 or more Members rise to oppose the motion, it is deemed withdrawn; otherwise, it is adopted. ^[366]  The routine motions to which this process applies include motions 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 establishment of the powers of its committees;
• the correctness of its records; and
• the fixing of its sittings or the times of its meetings or adjournments. ^[367] 

This Standing Order was the object of procedural challenges prior to its adoption in 1991 ^[368]  and on the first two occasions it was invoked. ^[369]  Since then, it has been invoked on a number of occasions after routine motions were refused unanimous consent. ^[370] 

Limitations on the Use of Unanimous Consent

Despite the variety of uses to which it has been put, it should not be assumed that unanimous consent can be utilized to circumvent any and every rule or practice of the House. Limitations do exist. For example, unanimous consent may not be used to set aside provisions of the Constitution Act or any other statutory authority. A statutory requirement supersedes any order of the House to which it applies. ^[371]  Members have frequently noted in the course of debate that the House cannot do by unanimous consent that which is illegal. ^[372] 

The workings of this prohibition are seen in matters relating to the Royal Recommendation. Section 54 of the Constitution Act, 1867 stipulates that a Royal Recommendation ^[373] must be provided for every vote, resolution, address or bill for the appropriation of public revenues. This constitutional provision is reiterated in the Standing Orders. ^[374]  While the Standing Order, being a House-made rule for its own guidance, could be overcome by unanimous consent, the constitutional provision cannot. This point has been made in a number of Speakers’ rulings. ^[375] 

Role of the Speaker

The mechanics of requesting and granting unanimous consent must be carefully observed. The Chair must be meticulous in presenting the request for unanimous consent to the House. For example, a Member wishing to waive the usual notice requirement before moving a substantive motion would ask the unanimous consent of the House “for the following motion”, which is then read in extenso. The Speaker then asks if the House gives its unanimous consent to allow the Member to move the motion. If a dissenting voice is heard, the Speaker concludes that there is no unanimous consent and the matter goes no further, though it is permissible to make further attempts for unanimous consent. ^[376]  If no dissent is detected, the Speaker concludes that there is unanimous consent for the moving of the motion, and then asks if it is the pleasure of the House to adopt the motion. At this point, the practice has been for the House to make its decision on the motion; though technically, debate on the motion is still possible. ^[377] 

If the wish of the House is not clear, the Speaker asks again if there is unanimous consent. ^[378]  A single dissenting voice, if heard by the Chair, is sufficient to defeat a request for unanimous consent and the Speaker has reminded Members to make their intentions clear when they do not wish to give consent. ^[379]  The Chair is concerned only with determining whether or not there is unanimity; if there is dissent, it is not proper to speculate on, or attempt to identify, its source. ^[380] 

Decision Not a Precedent

Nothing done by unanimous consent constitutes a precedent. However, orders or resolutions presented or adopted by unanimous consent express the will of the House and are as equally binding as any other House order or resolution. Unanimous consent provides a means for the House to act immediately; for example, once unanimous consent is granted to move a motion without notice, the House must then decide on the motion in the same way as it would for any other motion before it.