Precedence and Sequence of Business / Divisions

Members entering Chamber while a vote is in progress

Debates pp. 1049-50

Background

On February 2, 1984, Mr. Sargeant (Selkirk—Interlake) moved that Bill C-204, an Act to declare Canada a Nuclear-Weapon-Free Zone be read a second time and referred to committee. The Acting Speaker (Mr. Guilbault) proceeded with the voice vote in the normal fashion, stated that in his opinion the nays had it and then declared the motion lost. The Acting Speaker then noted that five Members had risen ("...there are enough Members now.") and asked that the division bells be rung. The bells having been rung, the Speaker took the Chair, and Mr. Nielsen (Yukon) rose on a point of order. He submitted that Mr. Orlikow (Winnipeg North) had entered the House while the voice vote was in progress and had taken his place as the motion was being declared lost. He did not rise in his place as one of five NDP Members until after the motion had been declared lost. Therefore, Mr. Nielsen stated, a recorded division was unnecessary. The Speaker heard representations from other Members and then stated that he concurred in the facts as outlined by Mr. Nielsen and that the motion was lost. The House adjourned. On February 3, 1984, Mr. Deans (Hamilton Mountain) rose on a point of order to draw the Speaker's attention again to the events of the previous evening. He contended that the recorded division should have taken place.

Issue

Should a recorded division take place if one or more of the Members who call for a division enter the Chamber while the voice vote is in progress and rise only after the Chair has declared the motion carried or lost.

Decision

A recorded division should occur only if five Members rise and are recognized prior to the Chair declaring the motion carried or lost.

Reasons given by the Speaker

The procedure for voting on a motion is very clear and was followed by the occupant of the Chair. The motion was lost when the Chair declared it so. By his own statement, Mr. Orlikow "...was coming into the House when the motion was being put... By the time the Speaker had declared the motion was lost, I was in my seat." Standing Order 15(2) provides that Members shall not enter, walk out of or cross the floor of the House when the Speaker is putting a question.

Sources cited

Standing Order 15(2).

References

Debates, February 2, 1984, pp. 1028-9; February 3, 1984, pp. 1045-8.