House of Commons Procedure and Practice

Each sitting day, one hour is set aside for Private Members’ Business,^[366] that is, for the consideration of bills and motions presented and sponsored by Members of the House of Commons who are not Ministers or Parliamentary Secretaries. This hour commences at 11:00 a.m. on Mondays, 5:30 p.m. on Tuesdays, Wednesdays and Thursdays, and 1:30 p.m. on Fridays.^[367]

   Historical Perspective

From 1867 to 1906, Private Members’ Business had precedence over government business on particular days of the week.^[368] However, by means of special or sessional orders, the House regularly gave precedence to government business. In 1906, the weekly order of business was officially amended so that four weeks from the start of each session one of the three Private Members’ Days—Thursday—was given over to Government Orders.^[369]

Until 1955, there were few changes to the daily order of business, and the use of special and sessional orders continued to appropriate much of the time set aside for Private Members’ Business. In 1955, amendments to the Standing Orders formalized the practice of giving precedence to Government Orders and guaranteed private Members six Mondays and two Thursdays per session to conduct their business.^[370]

In 1962, the House abandoned the allocation of a certain number of days each session for Private Members’ Business, setting aside instead one hour per day for that purpose.^[371] After the hour for Private Members’ Business was used 40 times per session on Mondays, Tuesdays and Wednesdays, it would lapse on those days, only taking place thereafter on Thursdays and Fridays. In 1968, Private Members’ Business was removed from the order of business on Wednesdays; the rule setting a maximum of 40 considerations per session for Private Members’ Business was retained for Mondays and Tuesdays only; thereafter, Private Members’ Business was held only on Thursdays and Fridays.^[372] This schedule of business remained intact until 1982, when the practice of considering Private Members’ Business one hour every day except Wednesdays was replaced by a single Private Members’ Day on Wednesdays.^[373] This meant a reduction of one hour in debating time per week, from four hours to three. In late 1983, the House reverted to the consideration of Private Members’ Business for one hour per day on Mondays, Tuesdays, Thursdays and Fridays, without the previous provision for a maximum number of times for consideration on Mondays and Tuesdays;^[374] this meant that the amount of time provided for Private Members’ Business actually increased. There were no changes to this arrangement until 1991 when amendments to the Standing Orders added an extra hour to the sitting on Wednesdays in order to provide another hour of Private Members’ Business, thus increasing from four to five the number each week.^[375] In February 1994, further changes to the House’s schedule resulted in adjustments to the time when Private Members’ Business would be taken up, although one hour a day continued to be set aside for this purpose.^[376]

The conditions under which Private Members’ Business could be suspended were the object of lengthy discussions in the House. Of these conditions, the two that received the greatest attention were the Standing Order suspending Private Members’ Business on allotted days and the Standing Order suspending Private Members’ Business in the event that a Member whose item was scheduled for debate could not attend the House that day. This led to changes to the Standing Orders in May 1990 to permit Private Members’ Business on allotted days, except on the last allotted day in the June period. This change was made permanent in April 1991.^[377] In the event that a Member would be absent on the day his or her bill or motion was scheduled for debate in the House, amendments made to the Standing Orders in April 1991 increased the notice required by the Speaker from 24 to 48 hours and permitted an exchange of votable as well as non-votable items in the Order of Precedence.^[378]

In March 2003, the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons, like the Standing Committee on Procedure and House Affairs before it, proposed changes to the Standing Orders which would improve procedures for Private Members’ Business.^[379] The House adopted these amendments to the Standing Orders on a provisional basis in March 2003,^[380] and permanently in May 2005.^[381] Changes to Private Members’ Business were made in the following areas: the House removed the provisions that Private Members’ Business be suspended on days when there is resumed debate on the budget or on the Address in Reply to the Speech from the Throne. In addition, since most items are debated for two hours only and since recorded divisions are automatically deferred, debate is interrupted at the end of the final hour rather than 15 minutes before its expiry. Changes were also made to limit the number of exchanges that could be requested by sponsors of an item. Members whose absence cause Private Members’ Business to be suspended are prohibited from requesting an exchange in the future^[382] and will see their item dropped from the Order Paper if they are absent a second time.^[383]

   Suspension of Private Members’ Business

Consideration of Private Members’ Business may be suspended on certain occasions, namely:

       on any day the House proceeds to elect a Speaker;^[384]

       on any day designated for the presentation of the Budget Speech if it is scheduled to take place before Private Members’ Business;^[385]

       on any day when an emergency debate takes place before Private Members’ Business;^[386]

       on any day when a Minister of the Crown moves a motion on a matter the government considers to be of an urgent nature, and that debate takes place in the time normally provided for Private Members’ Business;^[387]

       on the last allotted day of the supply period ending June 23, unless it is a Monday, when Private Members’ Business takes place at the beginning of the sitting;^[388]

       on any day when a question of privilege is being considered by the House;^[389] and

       on any day prior to the establishment of the Order of Precedence.^[390]

Because Members must be aware of when particular items are expected to be called for consideration, the Standing Orders require the Speaker to ensure that Members are given at least 24 hours’ notice of which item is to be considered during Private Members’ Business on the next sitting day.^[391] This notification must be published in the Notice Paper.

A Member whose motion or bill is scheduled for consideration during Private Members’ Business and who is unable to be present that day to move the motion may notify the Speaker in writing 48 hours in advance. The Speaker has the authority to arrange an exchange with another item on the Order of Precedence with the permission of the Members involved and Private Members’ Business proceeds as usual.^[392] Should such an exchange be impossible, Private Members’ Business is suspended for the day, and the House continues with the business previously before it.^[393] Should this occur on a Monday, the House would then begin consideration of Government Orders at 11:00 a.m. instead of at noon.^[394]

When Private Members’ Business is reached, should a Member be unable to move his or her scheduled item when called, then Private Members’ Business is suspended for that day.^[395] On Mondays, the sitting is suspended until noon, at which time the House commences with Government Orders.^[396] On Tuesdays, Wednesdays and Thursdays, the sitting is suspended until the Adjournment Proceedings. When this occurs on a Friday, the Speaker adjourns the House.^[397]

Finally, as much of Private Members’ Business is suspended as necessary on Tuesdays, Wednesdays, Thursdays and Fridays to allow the House to continue Routine Proceedings until the completion of “Introduction of Government Bills”.^[398]

Private Members’ Business may be delayed or interrupted for a number of reasons. Should this occur, the debate on the item of business is then extended or rescheduled to another time.^[399] For example, if consideration of Private Members’ Business is delayed because of a recorded division,^[400] by the moving of a time allocation motion,^[401] by a ministerial statement,^[402] by Royal Assent,^[403] or due to an emergency alarm,^[404] then Private Members’ Business is extended by a corresponding amount of time.^[405] If the delay or interruption extends 30 minutes or more beyond the ordinary ending of Private Members’ Business, the Speaker will add the remaining time or the entire hour to another sitting.^[406] The rescheduled debate takes place within 10 sitting days, but no more than one adjournment period as provided in the House calendar may intervene in the rescheduling of the debate. The rescheduled business is considered during an additional Private Members’ Business, which is added to the daily schedule of the House, usually after the ordinary hour of daily adjournment; 24 hours’ notice is given.^[407]