The Daily Program / Routine Proceedings

Tabling of Documents: Reports and Returns deposited with the Clerk of the House of Commons

December 4, 2009

Debates, pp. 7627-8

On December 2, 2009, Jack Layton (Toronto–Danforth) rose on a point of order maintaining that it was inappropriate for the Government to release the Fourth Report on Canada’s Economic Action Plan to the media before formally tabling it in the House. He contended that, although Jim Flaherty (Minister of Finance) had deposited the document with the Clerk of the House on December 1, 2009, Members did not have access to the document. Jay Hill (Leader of the Government in the House of Commons) noted that the Journals of the House of December 1, 2009,^[1] indicated the Report had been deposited with the Clerk and not released to the media until the following morning. The Speaker took the matter under advisement.^[2]

On December 4, 2009, the Speaker delivered his ruling. He stated that there had been no breach of procedure and cited House of Commons Procedure and Practice, 2009 to the effect that it was an accepted practice to table papers required by statute, by Order of the House, or by Standing Order, by depositing them with the Clerk of the House.

Decision of the Chair

The Speaker: I am now prepared to rule on the point of order raised on Wednesday, December 2, 2009, by the hon. Member for Toronto–Danforth regarding the tabling of a document by the Minister of Finance. The hon. Member argued that the document should have been tabled in the House. He acknowledged, however, that the document in question had been filed with the Clerk on Tuesday, December 1, 2009.

Indeed, in responding to the point of order, the Government House Leader read the excerpt of the Journals of that day where the tabling is noted at page 1115.

The Second Edition of House of Commons Procedure and Practice states on page 432:

As an alternative, the Standing Orders provide that papers required by statute, by Order of the House, or by Standing Order may be deposited by a Minister with the Clerk of the House. This is known as “back door” tabling. It is entirely at the discretion of the Minister involved as to which method to use for those documents that are required to be tabled;

As noted in the Journals, the document in question was tabled pursuant to an Order of the House made February 3, 2009. I am informed that it was filed at 5:20 p.m.

However novel the lock up on the Prime Minister’s aircraft may seem, I must conclude that there has been no breach of our procedures since the actual tabling of the document here at the House of Commons was entirely in keeping with our practice.