… the whole study of parliamentary procedure over the years, indeed over the decades, has been an endeavour to find
a balance between the right to speak at as much length as seems desirable, and the right of parliament to make decisions.
Stanley Knowles, m.p. (Winnipeg North Centre)
(Debates, May 20, 1965, p. 1530)
O
ne of the fundamental principles of parliamentary procedure is that debate in the House of Commons must lead to an unimpeded
decision in a reasonable time. [1]
Although what seems reasonable to one party may arguably appear unfair to another, few parliamentarians contest the idea
that, at some point, debate must end. [2]
While an overwhelming majority of House business is concluded without recourse to special procedures intended to limit or
end debate, certain rules exist to “curtail debate” in cases when it is felt a decision would otherwise not be
taken in reasonable time, or not taken at all. Despite the fact that Standing Order changes have made systematic obstruction
on the part of the opposition less frequent, a good understanding of parliamentary procedure still enables Members to extend
debate on a given item considerably.
The rules pertaining to the “curtailment of debate” invite the House as a whole to pronounce itself on the issue
of limiting debate on a particular item of business beyond what the normal rules would otherwise allow. A distinction,
however, must be made between “freedom of speech” and a Member’s opportunity to take part in “debate”.
The question of a Member’s freedom of speech — a basic parliamentary privilege — has no relevance to this
process. (In a parliamentary sense, “freedom of speech” refers to a Member’s immunity from legal prosecution
for words stated during debate in the House and its committees, rather than the general notion of an unlimited opportunity to
speak.) When asked to deal with the receivability of a motion to limit debate, the Speaker does not judge the importance of
the issue in question or the “reasonableness” of the time allowed for debate, but strictly addresses the
acceptability of the procedure followed. [3]
Speakers have ruled that a procedurally acceptable motion to limit the ability of Members to speak on a given motion before
the House does not constitute prima facie a breach of parliamentary privilege. [4]
At Confederation, few rules existed to curtail debate. Even at that time, it was recognized that unlimited debate was not
possible and that some restraint would have to be exercised or some accommodation reached in order for the House to conduct
its business with reasonable despatch. [5]
For the first 45 years following Confederation, the only tool at the government’s disposal was the previous question. [6]
Not only was there no other way of putting an end to a specific debate in “reasonable time”, but there were no
formal time limits of any kind on debates and the length of speeches was unlimited. Working relations in the House were based
largely upon a spirit of mutual fair play where informal arrangements, or “closure by consent”, governed the
conduct of debate. In the words of Prime Minister Robert Borden:
… at a definite stage in a debate, when, in the judgment of the leading men of both sides of the House, it has proceeded
far enough, it has been the practice for a consultation to be held and a date to be fixed; and members who are not able to
catch the Speaker’s eye within the period so fixed are, by arrangements made on both sides of the House, practically
excluded from taking part in the debate on that subject and the question is brought to an issue in that way. [7]
The early rules governing the business of the House apportioned a major share of time to the consideration of private bills
and other business sponsored by private Members. The government’s role in the economy being limited, government business
was but a small part of the House’s workload. [8]
After 1900, the changing nature of the business coming before the House, especially the growing volume of business initiated
by the government, led to a steady increase in the time that the House set aside for Government Orders. The time of the House
became a precious commodity and a source of sometimes fierce partisan contention. This was manifested by a growing propensity
on the part of the opposition to thwart the passage of government legislation through delay and obstruction. [9]
These changes in parliamentarians’ attitudes and government workload led the House to adopt rules and practices that
would, on the one hand, facilitate the daily management of its time [10]
and, on the other hand, limit debate and expedite the normal course of events in cases deemed of an important or urgent nature.
This chapter focusses on this latter aspect and examines how debate is curtailed through the use of the previous question,
closure, time allocation, the moving by a Minister of a “routine motion” to bypass the requirement for unanimous
consent, [11]
and the moving of a motion to suspend certain Standing Orders in relation to a matter considered to be of an urgent nature. [12]
The Previous Question
There are occasions where Members will move, during a debate on a motion before the House, “That this question be
now put”. [13]
This motion, commonly known as the previous question, may be proposed to substantive debatable motions before the House.
There are a number of restrictions placed on the use of the previous question. These are discussed in more detail in
Chapter 12, “The Process of Debate”. Once the previous question has been moved, debate on the original motion
resumes. Although it does not put an immediate end to debate, the previous question restricts debate and expedites the
putting of the question in two ways.
First, it precludes the moving of amendments to the main motion and, therefore, any debate that might have ensued on
those amendments. Indeed, if the previous question is carried, the Speaker is obliged to put the question on the main
motion forthwith. [14]
Members who have spoken already to the main motion or any previous amendments may speak again to the previous question. In
this sense, the previous question is at best an unpredictable method of curtailing debate. The previous question has been
adopted without debate, [15]
it has carried after a short debate, [16]
or after several days of debate. [17]
In instances where the previous question did not appear useful in bringing a question to a vote, a motion to adjourn the
debate [18]
or a motion of closure [19]
has been moved to put an end to a debate on the previous question. When a recorded division is demanded on the previous
question, it may be deferred at the request of either the Chief Government Whip or the Chief Opposition Whip [20] ;
however, once the previous question is adopted, a recorded division on the main motion may not be deferred. [21]
Second, the previous question can have the effect of superseding a motion under debate since, if negatived, the Speaker is
bound not to put at that time the question on the main motion. In other words, if the motion “that the
question be now put” is not adopted, the motion under debate is dropped from the Order Paper. Unless revived
on a future day and reinstated on the Order Paper, [22]
the item will not be debated again. In practice, in a majority of instances when the previous question was negatived, the
item was revived and eventually adopted, with or without amendment. As a mechanism for limiting debate by causing an item to
drop from the Order Paper, the previous question has not been very successful. Since Confederation, the motion
“that the question be now put” has been negatived four times. [23]
It has also been withdrawn by unanimous consent. [24]
While both government and opposition Members may move the previous question, [25]
it is used by some in the hope that it will expedite a vote on the main motion, and by others in the hope that it will
prevent the Speaker from putting the question now on a motion or a bill. Although the previous question can be
both a method of forcing a decision on a motion and a way of postponing or delaying a decision, it has in recent years
almost exclusively been used by the government to limit debate.
In the past, the use of the previous question has been anything but predictable. Ministers have moved it on private
Members’ motions [26]
and on government motions and bills. Conversely, private Members have moved the previous question on other private Members’
motions [27]
as well as on government motions. [28]
Perhaps because of the many restrictions that regulate its use, the previous question has been described as the
“most ineffective” method of limiting debate. [29]
Closure
Closure is a procedural device used to
bring debate on a question to a conclusion by “ … a majority decision of
the House, although all Members wishing to speak have not done
so”. [30]
The
closure rule [31]
provides the government with a procedure to prevent the further adjournment of
debate on any matter and to require that the question be put at the end of the
sitting in which a motion of closure is adopted. Apart from technical changes as
to the hour at which debate is to
conclude, [32]
the rule
has remained virtually unchanged since its adoption in 1913.
Closure may be applied to any debatable
matter, including bills and motions. The rule was conceived for use in a
Committee of the
Whole [33]
as much as
in the House, but it cannot be applied to business being considered in standing,
special, legislative or joint committees of the House. When these committees are
considering bills, the House may use the time allocation
rule [34]
to impose a
deadline on the committee stage or to force a committee to report the bill to
the House.
Historical Perspective
Introduced at Westminster in 1881 and in
the Australian House of Representatives in 1905, the closure rule was not
adopted by the Canadian House of Commons until
1913. [35]
The idea of
closure had, however, been discussed on a number of occasions, but the House had
never been able to adopt a closure rule satisfactory to both government and
opposition. By 1913, strong and organized opposition had managed to delay the
adoption of government legislation on at least four
occasions. [36]
Speeches from that period allude to the occasional inability of the House to
come to a vote on a question and, in 1911, during one of these protracted
debates, a Member of the opposition spoke of the possibility of
“illimitable
discussion”. [37]
Opposition Leader Robert Borden, who would eventually introduce the new rule,
had himself suggested that a closure rule would be
“undesirable,” [38]
but nearly two years of discussion on naval policy convinced him of the
necessity to bring forward a motion which, among other things, would introduce
the closure rule. These changes, vigorously attacked by the opposition, were
debated for nearly a month before being
adopted. [39]
The new
closure rule was immediately tested by the government only a few days after its
adoption, during debate at the Committee of the Whole stage of the Naval Aid
Bill. [40]
Used nine times from 1913 to 1932, the
closure rule was then not resorted to for 24 years. In May and June 1956, during
the Pipeline Debate, closure was invoked at each stage of the legislative
process. [41]
This
episode, which gave rise to much analysis and commentary, had lasting
repercussions on Members’ perception of how the House
operates. [42]
The rule has been the subject of scrutiny
and discussion on numerous occasions. In December 1957, the new Diefenbaker
government placed a notice of motion on the Order Paper to repeal the
closure rule, but the motion was never
debated. [43]
In July
1960, Prime Minister Diefenbaker expressed the hope that “the rules
committee will give consideration to removing from the rule book the closure
procedure”. [44]
The Committee never acted on that matter. In March 1962, another special
committee was set up to consider the procedures of the House and, in particular,
“to consider the desirability of repealing” the closure
rule; [45]
it did not
report on this issue. The Throne Speech in September 1962 indicated that the
House would be asked to abolish closure, but this also was not acted
upon. [46]
During the
Thirtieth Parliament (1974-79), a sub-committee of the Standing Committee on
Procedure and Organization recommended, in its report on the use of time, that a
new Standing Order based on the British House of Commons’ closure rule be
adopted, [47]
but this
was never recommended to the House. The issue of repealing the closure rule
still resurfaces from time to
time. [48]
Notice of Closure
Prior to moving a motion for closure, an
oral notice of intention to do so must have been given by a Minister at a
previous sitting of the House or a Committee of the Whole. The rule is not
specific as to when such notice may be given; thus a variety of precedents
exist. Notice of intention to move a closure motion has been given: when there
was no question before the
House; [49]
when the
motion to be closured was under
debate; [50]
and when
the question before the House was not related to the
notice. [51]
Notice has
been given on the first day of debate on the motion to be
closured, [52]
and
after one or more days of
debate. [53]
Regardless, debate on the item which is the subject of the notice must have
begun before notice of closure may be
given. [54]
Although there is no requirement to give
notice more than once, Ministers have provided the same notice in several
sittings so as to avoid any objection that notice had not been given at the
previous sitting. [55]
On the other hand, no obligation exists to proceed with moving the closure
motion even if notice has been given; there have been cases where the notice was
not proceeded
with. [56]
On one
occasion, the government gave notice of closure on four separate bills, all at
the same time: three at second reading and one at third
reading; [57]
however,
four motions proposing closure, one for each bill, had to be moved
separately.
Motion of Closure
After notice has been given of the
intention to move a motion of closure, the motion may be moved during a
subsequent sitting, whether the following day or later. The motion for closure
must be moved by a Minister, and the debate on the motion or bill to which
closure is to apply must have been adjourned at least once before a closure
motion can be
moved. [58]
The motion
for closure must be moved immediately before the Order of the Day for resuming
debate on the item to which the closure motion is to apply is called, either in
the House or in a Committee of the Whole.
Closure motions are neither debatable nor
amendable and, once moved, the Speaker or the Chairman puts the question
immediately, “That debate … shall not be further adjourned” (or in
a Committee of the Whole, “That debate … shall not be further
postponed”). How much debate the government will allow on a measure before
moving closure depends on political factors. The Speaker has at times been asked
to use discretionary authority to refuse to put a closure motion to the House on
the ground that a measure had not yet been given enough debating time.
Invariably, he or she has declined to interfere with the application of the
rule, deciding in each case that the Chair has no authority to intervene in the
process when the closure rule is applied
properly. [59]
When a motion for closure is adopted,
debate resumes on the now-closured business, typically leading to an extended
sitting of the House through the evening. The debate becomes subject to the
restrictions imposed by the closure
rule. [60]
No Member
(including the Prime Minister and the Leader of the Opposition) may speak more
than once, nor for longer than 20 minutes. A Member who has spoken to the main
motion prior to the adoption of the closure motion may speak again if an
amendment or sub-amendment is moved during the closured debate. However, a
Member who speaks to the main motion after the adoption of the closure motion
may not speak to any subsequent amendment or sub-amendment. Any Private
Members’ Business which might have been scheduled is still taken up at its
regular time.
All questions necessary to dispose of the
closured business are to be put no later than 11:00 p.m., or as soon as possible
thereafter, having allowed any Member who might have been recognized prior to
11:00 p.m. to finish
speaking. [61]
No
Member may rise to speak after 11:00
p.m., [62]
at which
time the Speaker or the Chairman will put all questions necessary to dispose of
the closured business, including any amendments and
sub-amendments. [63]
If
a recorded division is demanded in the House, the bells will sound for up to 15
minutes. [64]
Should
the debate conclude before 11:00 p.m., the bells for any recorded division will
sound for not more than 30
minutes. [65]
The
wording of the Standing Order is quite clear that the question on a closured
motion must be “decided forthwith”. A recorded division, if
demanded, is therefore held immediately unless it is deferred by unanimous
consent of the House to a later day, as it was done on
occasion, [66]
or with
the agreement of the Whips of all recognized
parties. [67]
In a Committee of the Whole, it is not
necessary for all clauses of a bill to be called and then postponed before
invoking closure. [68]
Furthermore, once closure is adopted, the moment a clause of the bill is called
by the Chair, it is deemed to be under
consideration. [69]
If
consideration of one clause ends and debate begins on the next clause, Members
have a further 20 minutes to speak to that
clause. [70]
The
adoption of a closure motion in a sitting ensures that the committee stage will
be completed in that
sitting. [71]
Time Allocation
The time allocation rule allows for
specific lengths of time to be set aside for the consideration of one or more
stages of a public
bill. [72]
While the
term “time allocation” connotes ideas of time management more than
it does closure, a motion to allocate time may be used as a guillotine by the
government. Indeed, although the rule permits the government to negotiate with
opposition parties towards the adoption of a timetable for the consideration by
the House of a bill at one or more stages (including the stage for the
consideration of Senate
amendments), [73]
it
also allows the government to impose strict limits on the time for
debate. [74]
While it
has become the most used mechanism to curtail debate, time allocation remains a
means of bringing parties together to negotiate an acceptable distribution of
the time of the House.
Historical Perspective
Like the closure rule, the time allocation
rule came about in the aftermath of a controversy. During the Pipeline Debate of
1956, [75]
closure was
the only rule the government could use to advance its legislation. Closure had
come to be perceived as somewhat inflexible for the demands of a modern
parliamentary democracy and inadequate as a tool with which to conduct the
business of the House. Deliberations began, in the House and in committees, with
a view to identifying ways in which the time of the House could be allotted for
the consideration of specific items of legislation and for the planning of the
session’s work, something the closure rule could not provide since the
process of giving notice, moving the motion and voting on it must be repeated at
every stage of a given
bill. [76]
Throughout the period of minority
governments in the 1960s, the House attempted, unsuccessfully, to establish a
procedural mechanism which would have formally structured the time of the House
to facilitate the efficient conduct of debate. Members recognized that the
amount and complexity of House business was increasing and that measures were
necessary to ensure that the business would be expedited within a reasonable
amount of time. [77]
Throughout these years, the House agreed to establish a number of special
committees charged with considering the procedures of the House and making
suggestions to expedite public
business. [78]
From the very beginning, the committees
explored measures that would allow co-operation among parties. In the Tenth
Report of the Special Committee on Procedure and Organization, presented to the
House in 1964, reference was made to the difficulty of reaching all-party
agreement on a proposal to deal with the fundamental question of the allocation
of time. [79]
Although
the Committee indicated it would “continue to explore this basic
question”, it did not report further on this matter. Early in the
following session, the government took the initiative by moving a motion, which,
among other proposals, addressed the issue of time allocation. The motion called
for a new Standing Order establishing a “Business Committee”
comprised of a representative of each party of the House. Upon the request of a
Minister, the Business Committee would consider, and, if agreement were reached,
would recommend in a report to the House within three sitting days, an
allocation of time for the specific item of business or stage of the matter
referred to it. A motion could then be presented without notice by a Minister
for concurrence in the report, to be decided without debate or amendment. If,
however, the Business Committee were unable to reach unanimous agreement or if
it failed to report within the three-day period, a Minister could then give
notice during Routine Proceedings that, at the next sitting of the House, he or
she would move a motion allocating the time for the item of business or the
stage. [80]
The motion was debated in the House for 12
days [81]
and,
throughout the debate, specific concerns were expressed with respect to the
Business Committee proposal. The proposal was thus separated from the main
motion and referred to a special committee for further
study. [82]
The special
committee recommended in its report to the House another version of the time
allocation proposal. The report was concurred in and a provisional rule,
referred to as Standing Order 15-A, was
adopted. [83]
It was
invoked on only three occasions from 1965 to 1968, but it became clear that the
opposition parties were dissatisfied with it and frequent points of order were
raised on how to interpret some of its provisions. In 1967, for example, the
Speaker ruled that oral notice was sufficient for the purpose of the time
allocation rule and that such a notice did not have to appear on the Notice
Paper. [84]
When the Twenty-Eighth Parliament assembled
in September 1968, the House decided that Provisional Standing Order 15-A would
not be in effect. [85]
A special procedure committee was established shortly
thereafter [86]
to
consider, among other things, the issue of time allocation. In its Fourth
Report, the Committee recommended a new rule on time
allocation. [87]
However, on December 20, 1968, the House agreed again to refer the issue to the
new Standing Committee on Procedure and Organization for further
consideration. [88]
Tensions continued between the government
and the opposition as to the balance to be achieved between debating at length
and perceived curtailment brought about by the provisional rules. It was not
until 1969 that the House adopted a report recommending a measure for allocation
of time, a forerunner to the present
rule. [89]
In its
simplest form, the newly adopted Standing Order envisaged three options under
which a time allotment order could be made, ranging from agreement between all
parties to the government acting alone after negotiation had failed to rally the
support of any other party. Members of the opposition later expressed
dissatisfaction with the interpretation of this Standing
Order. [90]
The fact
that negotiations were to be held between parties, thus excluding independent
Members, was also
raised. [91]
In November 1975, the President of the
Privy Council indicated his intention to bring proposals with implications for
time allocation before the Standing Committee on Procedure and
Organization. [92]
Although it did not report to the House, the Committee created a sub-committee
on the use of time which, among other items, reviewed and proposed alternative
text to the Standing Order on time
allocation. [93]
The wording of the Standing Order continued
to cause procedural concern. In December 1978, after a point of order was
raised, Speaker Jerome ruled that a time allocation motion could be moved
covering both report and third reading stages, even though third reading had not
yet been reached. [94]
A position paper on reform, tabled by the government in November 1979, noted the
ambiguity in the wording of the Standing Order and proposed that it be
rewritten. [95]
In
March 1983, Speaker Sauvé confirmed that notice of intention to move a
time allocation motion could be given at any time during the
sitting. [96]
In
October 1983, she ruled that once the question on the motion for time allocation
was proposed, the vote would be taken two hours after that proceeding had begun,
and any superseding motions proposed during that time period would be disposed
of at the end of the two-hour allotment and before voting on the time allocation
motion. [97]
From May 1985, a new practice developed
whereby time allocation motions were moved and debated following written
government notices of motions under Government Orders. This written notice was
in addition to the oral notice of intention to move such a motion which had been
given to fulfil the requirements of the Standing Order. The new practice was
confirmed by Speaker Bosley as an acceptable way of
proceeding. [98]
In June 1987, amendments were adopted to
provide that time allocation motions, after only oral notice, would be moved
under “Government Orders” rather than under “Motions”
during Routine Proceedings, as had been the practice. The revisions also
provided that debate on the item of business under consideration at the time the
motion was moved would be deemed
adjourned. [99]
In August 1988, Speaker Fraser ruled that
an oral notice of a time allocation motion need only be a notice of intention
and not a notice of the text of the motion itself. In the same ruling, the
Speaker further stated that the initiative of announcing any agreements (or lack
thereof) to allot time rested with a Minister, who had to be a party to any such
agreements. [100]
In 1991, following a further change to the
Standing Order, the motion for time allocation moved without the agreement of
all parties ceased to be a subject of debate or
amendment. [101]
Until
then, such a motion was subject to amendment and could be debated for up to two
hours, at which point all questions necessary to dispose of the motion were to
be put by the Chair.
The Three Options
The time allocation rule is divided into
three distinct sections. Each section specifies the conditions applying to the
allocation of time, depending on the degree of support among the representatives
of the recognized
parties [102]
in the
House.
- All Parties Agree: The first
section of the rule envisages agreement among the representatives of all the
recognized parties in the House to allocate time to the proceedings at any or
all stages of a public
bill. [103]
Notice is
not required. In proposing the motion, a Minister first states that such an
agreement has been
reached [104]
and then
sets out the terms of the agreement, specifying the number of days or hours of
debate to be
allocated. [105]
The
Speaker then puts the question to the House, which is decided without debate or
amendment.
- Majority of Parties Agree: The
second section of the rule envisages agreement among a majority of the
representatives of the recognized parties in the
House. [106]
In these
circumstances, as in the case of all-party agreement, the government must be a
party to any agreement
reached. [107]
The
motion may not cover more than one stage of the legislative process. It may,
however, apply both to report stage and third reading, if it is consistent with
the rule requiring a separate day for debate at third reading when a bill has
been debated or amended at report
stage. [108]
Again, no
notice is required. Prior to moving the motion, the Minister states that a
majority of party representatives have agreed to a proposed allocation of
time. [109]
The motion
specifies how many days or hours are to be allocated. The day on which the
motion is adopted is counted as one sitting day for this purpose, if it is moved
and carried at the beginning of Government
Orders. [110]
- No Agreement: The third section of
the rule permits the government unilaterally to propose an allocation of
time. [111]
In this
case, an oral notice of intention to move the motion is
required. [112]
The
motion can propose only the allocation of time for one stage of the legislative
process, that being the stage then under consideration. However, the motion can
cover both report stage and third reading, provided it is consistent with the
rule which requires a separate day for third reading when a bill has been
debated or amended at report
stage. [113]
The
amount of time allocated for any stage may not be less than one sitting
day.
Notice
Oral notice is required when the government
wishes to propose its own timetable in the absence of any time allocation
agreement among representatives from all or a majority of the recognized
parties. [114]
The
notice may be given only after debate has begun on the stage of the bill to
which the time allocation motion is to
apply. [115]
It must
be given by a Minister, from his or her place in the
House, [116]
any time
during the course of the
sitting; [117]
the
time allocation motion can then be moved at any future sitting of the House,
even several days or weeks later.
The notice is to state that agreement could
not be reached under the other provisions of the rule and that the government
therefore intends to propose a motion to allocate time in respect of a
particular stage of a particular
bill. [118]
The notice
need only express the intention of the government; it need not include the terms
of the motion to
follow. [119]
Once
given, a notice of time allocation may be withdrawn; similarly, notice may be
given without a motion being moved subsequently.
Motion to Allocate Time
The wording of a motion for time allocation
must be specific as to the terms of the allocation of time. In most cases, time
is allocated in terms of sitting days or hours; however, on at least one
occasion, time was allocated in increments of less than one hour per stage of
the affected
bill. [120]
In all
cases, a motion for time allocation must be moved by a Minister in the House,
and is neither debatable nor
amendable. [121]
In cases when there is agreement among the
party representatives, the motion has normally been moved under
“Motions” during Routine Proceedings. In circumstances when a
majority agree on the allocation of time, or when no agreement has been reached,
the motion is moved under Government Orders. Debate on any item of business
interrupted by the moving of a motion for time allocation is deemed
adjourned. [122]
Once
the motion is moved, the question is put forthwith.
After the adoption of a motion for time
allocation, debate at the stage or stages of the bill in question then becomes
subject to the time limits imposed by the motion. The day on which the time
allocation motion is adopted may be counted as one sitting day for that purpose,
provided the motion is moved and adopted at the beginning of Government Orders
and the bill is taken up
immediately. [123]
The
bill may also be taken up at a future sitting of the
House. [124]
The
normal rules of debate apply. At the expiry of the time allocated for a given
stage, any proceedings before the House are interrupted, and the Chair puts
every question necessary for the disposal of the bill at that stage. If a
recorded division is demanded, the bells summoning the Members will ring for not
longer than 15
minutes. [125]
Recorded divisions on bills under time allocation are not ordinarily deferred,
though deferrals may take place by special
order, [126]
by
automatic deferral of the vote pursuant to rules of the
House, [127]
or by
agreement of the Whips of all recognized
parties. [128]
When
debate concludes prior to the end of the allotted time, if a recorded division
is demanded, the bells will ring for not more than 30 minutes, and the vote may
be deferred by either the Chief Government Whip or the Chief Opposition
Whip. [129]
At times, objections have been raised as to
the circumstances in which agreement was reached or to the nature of the
consultations undertaken by the government. As with closure, the Speaker has
ruled that the Chair possesses no discretionary authority to refuse to put a
motion of time allocation if all the procedural exigencies have been
observed. [130]
The
Speaker has stated that the wording of the rule does not define the nature of
the consultations which are to be held by the Minister and representatives of
the other parties, and has further ruled that the Chair has no authority to
determine whether or not consultation took place nor what constitutes
consultation among the representatives of the
parties. [131]
“Routine Motion” by a Minister
If, at any time during a sitting of the
House, unanimous consent is denied for the presentation of a “routine
motion”, a Minister may request during Routine Proceedings that the
Speaker put the
motion. [132]
For that
purpose, a “routine motion” refers to motions which may be required
for the observance of the proprieties of the House, the maintenance of its
authority, the management of its business, the arrangement of its proceedings,
the establishment of the powers of its committees, the correctness of its
records or the fixing of its sitting days or the times of its meeting or
adjournment. [133]
The
motion, which is neither debatable nor amendable, is immediately put to the
House by the Speaker. If 25 Members or more oppose the motion, it is deemed
withdrawn; [134]
otherwise, it is
adopted. [135]
While it appeared at first that the range
of motions to which this process could be used would be limited, over the years
the rule has been used to extend a sitting in order to sit on the
weekend; [136]
to
extend the sitting to consider Government
Orders; [137]
to deal
with a specific motion under Government
Business; [138]
to
pass a government bill at all
stages; [139]
to
establish the length of speeches during a “take note”
debate; [140]
and to
attempt to rescind an Order of the
House. [141]
There is
no limit on how often the government can resort to this rule during one
sitting.
Adopted in
1991, [142]
this
procedure was relatively unused until the Thirty-Sixth Parliament (1997- ). [143]
Prior
to its adoption, it was argued that the new proposed rule would have a negative
impact on Members’ ability to debate government motions and
“override unanimous
consent”. [144]
On April 9, 1991, Speaker Fraser, while pointing out that the range of motions
to which the proposed procedure would apply was very limited, also suggested
that the new Standing Order was to be understood as another procedurally
acceptable mechanism for limiting debate: “There are certain similarities
also between the proposal and existing Standing Order 78 respecting time
allocation in that both use a ladder-like type of approach depending upon the
extent of agreement forthcoming to securing the right to propose the
motion”. [145]
Suspension of Standing Orders for Matter of Urgent Nature
When a situation arises that the government
considers urgent, a Minister may move that the House suspend certain Standing
Orders respecting notice requirements and the times of sitting in connection
with that
matter. [146]
For
example, motion can be used to waive notice for the introduction of a bill or
for any stage at which a notice is
required. [147]
In
moving the motion, the Minister gives reasons for the urgency of the situation
and, after the motion has been seconded, the Speaker immediately proposes the
question. [148]
In
doing so, the Speaker may allow up to one hour of uninterrupted
debate. [149]
Speeches
are limited to 10 minutes each and no amendment is allowed except by another
Minister. When putting the question, the Speaker is bound to ask those Members
opposed to rise. If fewer than 10 do so, the motion is automatically
adopted; [150]
if 10
or more do so, it is deemed to have been
withdrawn. [151]
The
resulting order, if the motion is adopted, applies only to the proceedings
specified in that order.
This Standing Order is relatively recent
and has been invoked infrequently since its adoption in 1968. The reasons for
its establishment go back to 1964, when Prime Minister Pearson moved a motion,
without notice, to send a Canadian peacekeeping force to Cyprus. Although the
motion appeared to have the overall support of the House, some Members objected
to the lack of notice. They argued that 48 hours’ advance warning was
required before such an important matter could be discussed. Stating that the
Prime Minister had obtained “leave”, the Deputy Speaker dismissed
the objections and allowed the House to proceed with the
motion. [152]
Then, in 1966, when the House was asked to
deal urgently with a strike by air traffic controllers, the Minister of Public
Works suggested a procedural mechanism for the government to deal with urgent
matters. As he explained, “ … a private member has a right to move the
adjournment of the house to consider a matter of urgent public importance… . It
is a curious anomaly that there is no corresponding provision enabling the
government to bring any proceedings relating to the same matter before the house
without
notice.” [153]
Although opposition Members felt action was required, in the end, the
Minister’s proposal was
withdrawn. [154]
When the present rule was agreed to two
years later in 1968, it was evident from its wording that the events of 1966 had
been taken into account. Indeed, the new rule was similar to the one proposed in
1966. In suggesting the addition of the rule, the Special Committee on Procedure
wrote: “ … it seems reasonable to expect that the normal requirement of a
notice of motion … might be dispensed with for the purpose of dealing with
matters of urgency when the overwhelming majority of the House recognizes that
it would be desirable to do so. It seems intolerable … that a single
dissenting voice should be permitted to frustrate the otherwise unanimous will
of the
House… .” [155]
The rule has not been altered except for minor gender reference changes in
1982.
While intended to be used to waive notice
requirements and set times of sitting, this Standing Order has been used to
outline terms of debate in a manner that resembles time
allocation. [156]