Questions Related to Content of Bills / Estimates

Notices of opposition

Journals pp. 102-3

Debates pp. 1060-1

Background

At commencement of consideration of Government Orders relating to the business of Supply, Mr. Knowles (Winnipeg North Centre) rose on a point of order to object to the form of the notices of opposition appearing on the Order Paper. In his opinion they did not oppose items in their entirety but only portions of the Estimates, He also alleged that the Standing Orders allowed for the presentation of notices of opposition to items and for putting them to a vote without debate on two conditions: (a) that it be the last day of the supply period or the cast allotted day, and (b) that the House operate under a system by which the Speaker puts the question without debate. After hearing Members' comments, the Speaker ruled,

Issue

Can notices of opposition be listed on the Order Paper and be considered even though the Government has decided, in accordance with the Standing Orders, that there is an urgent requirement to deal with the Estimates?

Decision

Yes, Notices of opposition to certain items in the Estimates have been properly filed, and the items they oppose should be brought before the House regardless of whether or not this is an allotted day.

Reasons given by the Speaker

Although the form of the notices is not the main issue, Members should present them in the form of notices of opposition instead of motions or amendments as such. " … until now… notices have been considered and a vote taken on the item opposed only at the very last moment when the guillotine came into play at the end of the period … Actually there is nothing to prevent the House from considering these motions" well before the last moment of an allotted day, As for the argument that the House might be called upon to vote twice on the same question, "no objection can be taken to an amendment on any particular stage on the ground that it raises again a question decided at an earlier stage". The new Standing Orders were intended to allow the House to consider Supply either on an allotted day or a government day when the Government feels there is an urgent need and asks the House to consider a particular question during the time set aside for the Government. "The interpretation of [Standing Order 58(18)] must be that in certain circumstances, consideration of Supply must take place on government time rather than on allotted days ... The proceedings are identical, except that opposition days cannot be used for the business of Supply when the Government brings forward Supply outside the cycle contemplated by the Standing Order. Except for the time allocation provisions of the Standing Order and the use of certain days by the Opposition, the same machinery must apply in both cases."

Sources cited

Standing Orders 32(l)(k) and58(4)(a), (10), (18).

May, 18th ed., pp. 483-4.

References

Debates, February 7, 1973, pp. 1052-60.