Chapter 21Private Members’ Business
Time Limits on Debate
Non-votable Items
A non-votable item of Private Members’ Business is debated for up to one hour and, once the debate has concluded or the time for debate has expired, the item is removed from the Order Paper.205 Debate does not last the full hour allotted for Private Members’ Business if no other Member rises to speak on the item or if a quorum is lost.
The House cannot be placed in a position of having to decide a question twice in the same session. However, the Standing Orders reinforce the fact that dropping a non-votable item of Private Members’ Business from the Order Paper does not constitute a decision since a question is not put to the House.206 Thus, a Member whose non-votable item has been removed, or any other Member, may resubmit it by giving notice of the item in the usual manner. It remains on the Order Paper on the list of “Private Members’ Business—Items Outside the Order of Precedence” until it is chosen again for inclusion in the order of precedence.207
Votable Items
A votable item of Private Members’ Business (a motion or a bill at second reading) is eligible for up to two hours of consideration before the question is put to dispose of it.208 If debate has not concluded at the end of Private Members’ Hour on the day the item is first debated, it is placed at the bottom of the order of precedence.209 When the item reaches the top of the order of precedence again, it may be debated for a further hour. Unless the item has been disposed of earlier, the Speaker interrupts the proceedings at the end of the hour and puts every question necessary to dispose of the item.
If the votable item is a motion framed as a resolution, the House makes a decision either for or against that item of business, and accordingly, it is disposed of. No further action is required since it is solely an expression of opinion or a declaration of purpose. If the votable item is a motion framed as an order to the House itself, its committees, its Members or officers, again the House makes a decision either for or against, and if agreed to, further action will be required to execute the order.
If the votable item is a bill and second reading is agreed to by the House, the bill is then referred to a committee for study.210
Committee Stage of Private Members’ Bills
Requirement to Report
The committee is obliged, within 60 sitting days from the date of reference, to report back a private Member’s public bill with or without amendment,211 to present a report recommending that the bill not be proceeded with further, or to request a one-time extension of 30 sitting days to consider the bill. In the last two cases, reasons must be given. Should a committee fail to report back to the House as required, the bill is automatically deemed reported without amendment.212
Recommendation Not to Proceed Further
After considering a private Member’s public bill, a committee may report to the House that it does not believe the bill should proceed any further.213 Once the report is presented, a notice of motion to concur in the report is automatically placed on the Notice Paper. The motion stands in the name of the Member who presented the report, usually the Chair of the committee. No other notice of motion for concurrence in the report can be placed on the Notice Paper.214 The motion is taken up after Private Members’ Hour on a day fixed by the Speaker.215 The motion is deemed moved at the beginning of the debate and may be considered for not more than one hour.216 Each speech is limited to 10 minutes and there is no questions and comments period. At the end of the hour, or earlier if no other Members rise to speak, the Speaker puts the question on the motion. If requested, a recorded division on the motion is automatically deferred until the next Wednesday sitting.
It may happen that the committee presents its report prior to the expiry of the 60-sitting-day limit, but the House does not make a final decision on the committee’s recommendation until after this deadline has passed. This could also be the case when a 30-sitting-day extension has been granted. Since the committee has met the requirements of the Standing Order by presenting a report, the bill is not deemed reported back to the House. Instead, the bill remains with the committee until the House comes to a final decision on the committee’s recommendation that the bill not proceed further.217
When the House concurs in the committee’s report, it expresses its agreement that the bill should not proceed further; therefore, all work on the bill ceases for the remainder of that session.218 When the House rejects the committee’s report, it is expressing its will that the bill should proceed further. The bill is then deemed reported back to the House without amendment and is set down for consideration at report stage.219
Extension of Consideration
If a committee feels it will not be able to complete its consideration of a private Member’s public bill referred to it within 60 sitting days, it may request an extension of 30 further sitting days.220 Only one extension may be sought. As soon as a committee report requesting an extension is presented, a motion to concur in the report is deemed to have been moved and seconded. No debate takes place, as the motion is deemed put to a vote right away and the vote is deferred until the next Wednesday sitting.221 If the House agrees to grant the extension, then the committee has an extra 30 sitting days to complete its consideration of the bill.222 When an extension is granted, it begins immediately after the expiry of the original 60-sitting-day limit, rather than on the day the extension is granted. This means that the new deadline for reporting is 90 sitting days following the original referral of the bill to committee. If the House refuses to grant the extension, but the original 60-sitting-day deadline has yet to pass, the committee may continue to consider the bill until the 60th sitting day. If the extension is refused and the 60th sitting day has already passed, the bill is deemed reported without amendment and an order for its consideration at report stage is set down on the Order Paper.223
Report Stage and Third Reading
When a committee reports a private Member’s bill back to the House or is deemed to have reported a bill back to the House, the order for consideration of the report stage is placed at the bottom of the order of precedence on the Order Paper.224 Two Private Members’ Hours on separate sitting days are allotted for report stage and third reading consideration.225 On the first day, if there are no motions in amendment at the report stage on the Notice Paper, the question on the motion for concurrence at the report stage is put immediately and if adopted, the motion for third reading is moved and debate commences at third reading.226 If there are motions in amendment at the report stage and debate on the motions concludes during the first hour, the question is put on all motions to dispose of the report stage. If the bill passes this stage, the House immediately proceeds to the consideration of the third reading stage.227 At the end of the first Private Members’ Hour, unless the bill has been otherwise disposed of, it drops to the bottom of the order of precedence and works its way up to the top for one more consideration by the House during the second Private Members’ Hour. At the end of the time provided for this second hour of consideration, all questions necessary to dispose of the bill at the remaining stage or stages are put.228 The bill, if passed, is sent to the Senate for consideration.229
The time provided for the consideration of a private Member’s bill at report stage and third reading may be extended by up to five hours on the second day of debate. If a bill is not disposed of within the first 30 minutes of debate on the first day of consideration, during any time then remaining on that day, any Member may propose a motion to extend the debate on the second day for a period not to exceed five consecutive hours.230 This non-debatable, non-amendable motion is deemed withdrawn if fewer than 20 Members rise to support it.231 The motion may subsequently be proposed again during the time remaining, provided an intervening proceeding has occurred.232
If the motion is adopted and the time for consideration is extended on the second day, the Standing Orders relating to the normal hour of adjournment are suspended.233 At the end of the time provided on the second day, the Speaker puts every question necessary to dispose of any remaining stages of the bill.234 On Monday, the extension of up to five additional hours of debate begins at the ordinary hour of daily adjournment.235
Senate Amendments to a Private Member’s Bill
The order for the consideration of Senate amendments to a private Member’s bill is placed at the bottom of the order of precedence when the message is received from the Senate.236 The Standing Orders do not specify any time limit for the consideration of a motion respecting Senate amendments. According to standard practice, the sponsor of the bill must provide notice of a motion respecting Senate amendments to the bill at least 24 hours before this order reaches the top of the order of precedence.237 This motion appears on the Notice Paper under the heading “Motions Respecting Senate Amendments to Bills”.238 The motion may propose that the House concur in, further amend or reject the amendments made by the Senate. It may at the same time reject certain amendments made by the Senate and concur in or amend others.239
When the item reaches the top of the order of precedence, it is considered during Private Members’ Hour, and if not disposed of at the end of the hour, it is placed again at the bottom of the order of precedence.240 The sponsor of the bill may request the unanimous consent of the House to pass a motion in order to expedite the process,241 without completing the debate stage.
If the House agrees to all of the Senate’s amendments, a message is sent to the other Chamber; the bill is ready to receive Royal Assent. If the House does not approve any of the Senate amendments or if it proposes to amend the wording of any of them, it informs the Senate, which must then consider the House’s proposals. Communication between the two Houses continues in this way until they ultimately agree on the text of the bill.
Notices of Motions (Papers)
Members may give notice of an intention to move a motion that certain papers or documents be compiled or produced and tabled in the House.242 If the House agrees to the motion, the House thereby orders their production and subsequently a return is made pursuant to that order. The Standing Order stipulates that such notices of motions shall be listed on the Order Paper under the heading “Notices of Motions for the Production of Papers”. All such motions are worded in the form of either an Order of the House or an Address to the Crown.
The notices are first considered on Wednesdays following Routine Proceedings.243 The government may request that the notices be allowed to stand on the Order Paper.244 If called, however, they are to be disposed of forthwith without debate or amendment. If the Member proposing the motion or any Minister of the Crown desires to have a debate on the motion, they may request, without debate, that it be transferred to a heading on the Order Paper under Private Members’ Business entitled “Notices of Motions (Papers)”. The motions will be subject to debate only if selected by the sponsoring Member for inclusion in the order of precedence.245
Motions for papers may be debated for a total of two hours before the question is put.246 Unless otherwise disposed of, the item is placed at the bottom of the order of precedence after the first hour of debate. After the item has worked its way up the order of precedence, it is debated for a further 50 minutes. At that time, the Speaker interrupts the proceedings and allows a Minister to speak for a maximum of five minutes even if the Minister has already spoken in debate.247 The mover of the motion is then permitted to speak for an additional five minutes to close the debate before the Speaker puts the question to the House.248 If the motion carries, it becomes an order to the government to table the documents requested in the motion.249
Debate on Items of Private Members’ Business
During debate on a votable item of Private Members’ Business (a motion or a bill at second or third reading), the sponsor may speak for 15 minutes, followed by a five-minute questions and comments period, while other Members may speak for 10 minutes each.250 The Member moving the item may speak again for not more than five minutes at the conclusion of the second hour of debate, or earlier if no other Member rises to speak.251 If there are motions in amendment at the report stage, then during debate on these motions no Member, including the sponsor of the bill and the mover of a motion in amendment, may speak for more than 10 minutes. There is no questions and comments period.252
Debate on a non-votable item begins with the mover of the item speaking for up to 15 minutes, without a questions and comments period. For the next 40 minutes, other Members may speak for up to 10 minutes each. After this 40-minute period, or sooner if no other Member rises to speak, the Member moving the motion has the right of reply to conclude the debate by speaking again for a maximum of five minutes.253
Although there is no practice of a fixed pattern for the recognition of Members wishing to speak during Private Members’ Business, the Chair seeks to ensure that there is a smooth flow of debate, providing opportunities for all points of view to be expressed.254 Members speaking during Private Members’ Business require the unanimous consent of the House to share their time with another Member.255 With the exception of the sponsor’s opening speech, there is no questions and comments period after each speech.256
Amendments to private Members’ motions or to the motion for the second reading of a private Member’s bill may be made only with the consent of the sponsor. Once an amendment is moved, the Speaker will normally ask the sponsor of the item if he or she agrees to allow the amendment before proposing it to the House.257 Of course, the Speaker must also decide if the amendment is procedurally acceptable before proposing it to the House.258 If the sponsor is not present, the Speaker may ask the mover of the amendment if the sponsor’s consent has been obtained.259 The consent of the sponsor is not required for motions in amendment to bills at report stage or for amendments to the motion for third reading of a private Member’s bill.
The Standing Orders provide that no dilatory motions (motions aimed at disposing of or delaying the motion or the bill under debate) are allowed during Private Members’ Business.260