The Decision-Making Process / Miscellaneous

October 23, 1995

Debates, p. 15706

On Thursday, October 19, 1995, at the conclusion of the debate on the motion for the second reading of Bill C-106, An Act respecting the Law Commission of Canada, a recorded division was demanded and, at the request of Don Boudria (Chief Government Whip), deferred until Monday, October 23, 1995, at 5:30 p.m.^[1] At the beginning of the Monday sitting, and prior to the calling of Government Orders, Bob Ringma (Nanaimo—Cowichan) rose on a point of order to argue that since Standing Order 45(6)(a) stipulated that a recorded division deferred on a Thursday is deferred to the ordinary hour of daily adjournment on the next sitting day that is not a Friday, the vote should have been deferred to 6:30 p.m. Monday rather than 5:30 p.m.^[2] Peter Milliken (Parliamentary Secretary to the Leader of the Government in the House of Commons) replied that the chief government whip had in fact acted in accordance with Standing Order 45(5)(a)(ii), which allows a vote to be deferred to an appointed time no later than the ordinary hour of daily adjournment on the next sitting day that is not a Friday. The Speaker took the matter under advisement, returning to the House after Oral Questions to rule.

The Speaker ruled that, because of the very specific wording of Standing Order 45(6)(a), whenever a single whip, acting alone, requested the deferral of a recorded division on a Thursday, that division would be deferred to the ordinary hour of adjournment on the next sitting day that was not a Friday.

Decision of the Chair

The Speaker: This morning the honourable member for Nanaimo—Cowichan rose on a point of order relating to Standing Order 45 and the timing of the deferred vote scheduled for 5:30 p.m. this day.

His argument is that this vote should have been scheduled for 6:30 p.m., pursuant to Standing Order 45(6)(a), when a vote is deferred on a Thursday.

The honourable Parliamentary Secretary to the Government House Leader counter-argued that Standing Order 45(5)(a)(ii) allows the chief government whip to designate another time than the ordinary hour of adjournment so long as he does not set the vote down for a Friday.

I have reviewed the matter and find that the wording of Standing Order 45(6)(a) is very specific. It reads as follows:

A division deferred on Thursday is not held on Friday, but is instead deferred to the next sitting day, at the ordinary hour of daily adjournment.

Because of this very specific wording I can only conclude that the honourable member for Nanaimo—Cowichan has a point. Standing Order 45(6)(a) clearly states what is to happen when a deferral of a division is requested on a Thursday and a Friday.

The honourable Parliamentary Secretary to the Government House Leader did allude to a possible incongruity between the two Standing Orders. He may wish to pursue that aspect with the committee that he so ably chairs.

For now, and until the House changes the wording of the Standing Orders, requests by a single whip, acting alone, for the deferral of a division on a Thursday will be automatically set down at the ordinary hour of adjournment on the next sitting day that is not a Friday.

Following the Speaker’s ruling, the chief government whip rose on a point of order to request that the Chair confirm that the vote would be taken at 5:30 p.m. for that day only and without creating a precedent.^[3] He added that he and the Reform Party whip had already consulted informally on bringing the matter before the Standing Committee on Procedure and House Affairs. On the basis that three party whips were present and did not object to voting at 5:30 p.m. that day, the Speaker ordered that the vote take place at that time.

P0402-e

35-1

1995-10-23