Private Members’ Business / Reinstatement Following Prorogation

Reinstatement of Private Members’ Business following prorogation

February 2, 2004

Debates, pp. 10-1

On October 29, 2003, the House concurred in the Fiftieth Report of the Standing Committee on Procedure and House Affairs. The effect of this was to extend the provisional Standing Orders relating to Private Members’ Business adopted by the House on March 17, 2003 until June 23, 2004 or until the dissolution of the Thirty-Seventh Parliament, whichever came first. In addition, Standing Orders 68(4)(b) and 68(7)(b) (whereby a private Member and not only a Minister of the Crown could present a motion to have a committee prepare and bring in a bill) were to remain suspended for the same trial period.^[1] On November 12, 2003, the Second Session of the Thirty-Seventh Parliament was prorogued. On February 2, 2004, the first sitting day of the Third Session, the Speaker made a statement to clarify the practical effect of the extension of the Standing Orders on pending House business, particularly the effect of Standing Order 86.1 which provided for the reinstatement of items of Private Members’ Business from the previous session as they had stood prior to prorogation.

Statement of the Chair

The Speaker: Members will recall that on October 29, 2003, the House concurred in the Fiftieth  Report of the Standing Committee on Procedure and House Affairs which had the effect of extending provisional Standing Orders in relation to Private Members’ Business until the earlier of June 23, 2004, or the dissolution of the Thirty-Seventh Parliament.

To ensure that Private Members’ Business will be conducted in an orderly fashion, the Chair wishes to clarify some of the provisions resulting from Standing Order 86.1, the Standing Order that deals with the reinstatement of all items of Private Members’ Business originating in the House of Commons.

First of all, the List for the Consideration of Private Members’ Business, established on March 18, 2003, continues from last session to this session notwithstanding prorogation.

This List is available for consultation at the Private Members’ Business Office and on the Internet.

The items themselves, either in or outside the Order of Precedence, whether Motions, Notices of Motions (Papers) or Bills, will keep the same number as in the Second Session of the Thirty-Seventh Parliament. However, considering that he is no longer a Member of this House, all the items standing in the name of Mr. Harb will be dropped from the Order Paper.

Ministers and parliamentary secretaries who are ineligible by virtue of their office will be dropped to the bottom of the List for the Consideration of Private Members’ Business, where they will remain as long as they hold those offices. Consequently, the item in the name of the Member for Don Valley West is withdrawn from the Order of Precedence.

Standing Order 86.1 states that at the beginning of the second or subsequent session of a Parliament, all items of Private Members’ Business originating in the House of Commons that have been listed on the Order Paper during the previous session shall be deemed to have been considered and approved at all stages completed at the time of prorogation and shall stand, if necessary, on the Order paper or, as the case may be, referred to a committee and the List for the Consideration of Private Members’ Business and the Order of Precedence established pursuant to Standing Order 87 shall continue from session to session.

So, pursuant to this Standing Order, the items in the Order of Precedence are deemed to have been considered and approved at all stages completed at the time of prorogation. Thus they shall stand, if necessary, on the Order paper in the same place or, as the case may be, referred to committee or sent to the Senate.

There were five private Members’ bills originating in the House of Commons referred to committee. Therefore, pursuant to Standing Order 86.1, Bill C-231, An Act to amend the Divorce Act (limits on rights of child access by sex offenders), is deemed to have been introduced, read the first time, read the second time and referred to the Standing Committee on Justice and Human Rights.

Bill C-338, An Act to amend the Criminal Code (street racing), is deemed to have been introduced, read the first time, read the second time and referred to the Standing Committee on Justice and Human Rights.

Bill C-408, An Act to amend the Parliament of Canada Act (oath or solemn affirmation), is deemed to have been introduced, read the first time, read the second time, and referred to the Standing Committee on Procedure and House Affairs.

Bill C-420, An Act to amend the Food and Drugs Act, is deemed to have been introduced, read the first time, read the second time and referred to the Standing Committee on Health.

Bill C-421, An Act respecting the establishment of the Office of the Chief Actuary of Canada and to amend other acts in consequence thereof, is deemed to have been introduced, read the first time, read the second time and referred to the Standing Committee on Finance.

(Bills deemed introduced, read the first time, read the second time and referred to a committee.)

The Speaker: May I remind hon. Members that a time limit is placed on the consideration of private Members’ bills. Indeed, pursuant to Standing Order 97.1, committees will be required to report on these reinstated private Members’ public bills within 60 sitting days of this statement.

At prorogation, five private Members’ bills originating in the House of Commons had been read the third time and passed. Therefore, pursuant to Standing Order 86.1, the following Bills are deemed adopted at all stages and passed by the House: Bill C-212, An Act respecting user fees; Bill C-249, An Act to amend the Competition Act; Bill C-250, An Act to amend the Criminal Code (hate propaganda); Bill C-260, An Act to amend the Hazardous Products Act (fire-safe cigarettes); and Bill C-300, An Act to change the names of certain electoral districts.

(Bills deemed adopted at all stages and passed by the House)

The Speaker: The Special Committee on the Modernization and Improvement of Procedures of the House of Commons, in its First Report, encouraged the Speaker, during the transition period, to take all reasonable measures to facilitate this pilot project. I have been mindful of this recommendation in making all these various decisions.

Honourable Members will find at their desks an explanatory note recapitulating these remarks. I trust that these measures will assist the House in understanding how Private Members’ Business will be conducted in the Third Session. The Table can answer any other questions you may have.

In its Twelfth Report, presented to the House and concurred in on October 29, 2004,^[2] the Standing Committee on Procedure and House Affairs charged the Subcommittee on Private Members’ Business with reviewing the provisional Standing Orders and concluded that following its review the provisional Standing Orders should be made permanent. The Subcommittee concluded that the vast majority of Members were in favour of the new regime, and, given that there appeared to be a significant degree of satisfaction with the provisional Standing Orders, and no major problems had been identified, they would recommend the permanent adoption of the rules. The Standing Committee agreed with the Subcommittee’s recommendation and reported this to the House, which concurred in the Report on May 11, 2005.^[3] Accordingly, the provisional Standing Orders were adopted as permanent, effective June 30, 2005.