ontario legislature rules of procedure

Written by on December 19, 2020

Any bill, resolution, motion or address, the passage of which would impose a tax or specifically direct the allocation of public funds, shall not be passed by the House unless recommended by a message from the Lieutenant Governor, and shall be proposed only by a minister of the Crown. (g) The Speaker has the discretion to permit an independent member to place a question and one supplementary question during Question Period. All signatures must be original. . 130. (b) Excluding the time taken to conduct recorded votes as determined by Standing Order 30(c.3), the time allotted for the Afternoon Routine each day shall not exceed 90 minutes. 66. (b) The debate on the motion for an Address in Reply to the Speech from the Throne shall be completed before the presentation of the Budget. Such vote may not be deferred. (b) A full Hansard service shall be provided for all Standing and Select Committees, except as may be otherwise ordered by a Committee. (d) Where a private bill relates to a charitable organization within the meaning of the Income Tax Act (Canada), the Standing Committee on Regulations and Private Bills may recommend that the fee paid under clause (a) be remitted and, if the recommendation is approved by the House, the remitted fee shall be applied to reduce any costs payable under clause (b) and the Committee may, having regard to the circumstances, recommend that all or part of the costs payable under clause (b) be waived and, if the recommendation is approved by the House, the costs shall be waived. (v) state that any person who has an interest in the application and who wishes to make submissions for or against the application when it is considered by the Standing Committee on Regulations and Private Bills should notify the Clerk of the House in writing. Any person whose interest or property may be affected by a private bill, when required, shall appear before the Standing Committee on Regulations and Private Bills to express his or her consent or objection, or may consent in writing, proof of which may be demanded by the Committee. (a) Except where otherwise expressly provided by the Standing Orders, or by unanimous consent, no member shall speak in the House for more than 20 minutes. (g) No member shall have more than 10 questions on the Orders and Notices Paper at any one time. (d) Whenever the Chair of a Standing or Select Committee adjourns the Committee for want of a quorum, the Clerk of the Committee shall record the time of the adjournment and the names of the members then present in the Minutes of Proceedings. (e) Any member of the Executive Council or any parliamentary assistant may respond to any question during Question Period and may, in their discretion, decline to answer any question. (2) a provisional amendment valid until the end of the Spring 2021 Meeting Period regarding the scheduling of Private Members’ Public Business on Monday mornings, indicated by the following annotation: [effective until June 3, 2021]. Adjournment proceeding and evening meeting periods. Find information about Ontario’s MPPs, bills and other legislative business, records of votes, and transcripts of House debates and committee meetings. The report of the Committee shall be deemed to be received and the Supplementary Estimates for the ministries and offices named in the report shall be deemed to be concurred in. (b) When members have been called in for a division, there shall be no further debate. (a) The Speaker’s rulings relating to oral questions are not debatable or subject to appeal. The rules of procedure and the fees and costs related to applications for private bills are set out in the Standing Orders of the Legislative Assembly. (i) Standing Committee on Regulations and Private Bills to be the Committee to which all private bills, other than Estate bills or bills providing for the consolidation of a floating debt or renewal of debentures, other than local improvement debentures, of a municipal corporation, shall be referred after first reading; and to be the Committee provided for by section 33 of Part III (Regulations) of the Legislation Act, 2006, and having the terms of reference as set out in that section, namely: to be the Committee to which all regulations stand permanently referred; and to examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power without reference to the merits of the policy or objectives to be effected by the regulations or enabling statutes, but in so doing regard shall be had to the following guidelines: (i) Regulations should not contain provisions initiating new policy, but should be confined to details to give effect to the policy established by the statute; (ii) Regulations should be in strict accord with the statute conferring of power, particularly concerning personal liberties; (iii) Regulations should be expressed in precise and unambiguous language; (iv) Regulations should not have retrospective effect unless clearly authorized by statute; (v) Regulations should not exclude the jurisdiction of the courts; (vi) Regulations should not impose a fine, imprisonment or other penalty; (vii) Regulations should not shift the onus of proof of innocence to a person accused of an offence; (viii) Regulations should not impose anything in the way of a tax (as distinct from fixing the amount of a licence fee, or the like); and. Order or address for returns does not lapse on prorogation, 57. (a) If a member on being called to order for an offence against any Standing Order persists in the offence, the Speaker may direct the member to discontinue, and if such member refuses to comply, the Speaker shall name the member to the House. 63. If a recorded vote is requested, the division bells shall be limited to 10 minutes. (a) prepare and advise upon such legislation as may be required by the Executive Council or any member thereof and assist and advise members in all matters respecting the drafting of bills; (b) revise, print and put marginal notes on all public and private bills and generally be responsible for the correctness of all such bills in their various stages; (c) report to the Lieutenant Governor in Council any provisions in such bills deserving of special attention or that appear to prejudicially affect the public interest or that require amendment; (d) be present when required on the floor of the House when a bill is in Committee of the Whole House and revise every such bill before the third reading; (e) provide assistance to Standing or Select Committees considering bills; (f) report to the Chair of the Standing Committee on Regulations and Private Bills considering a private bill any provisions in the bill which are at variance with general Acts on the subjects to which the bill relates or with the usual provisions of Private Acts on similar subjects and any provisions deserving of special attention; (g) report to the Clerk of the House any bill or part thereof that should be referred to the Local Planning Appeal Tribunal or the Commissioners of Estate Bills under Standing Orders 90 and 91; (h) see to the preparation, printing and indexing of the annual statutes; (i) prepare and hand to the Clerk of the House messages respecting any sections of bills that impose a tax or specifically direct the allocation of public funds. In its report, the Committee shall state whether or not it concurs in the intended appointments and may state its reasons. . 105. Ontario Superior Court Practice provides annotated Ontario rules of civil procedure highlighting the crucial information and principles you need to argue on the fly. (c) No member may seek to present a petition unless it has previously been given to the Clerk of the Assembly who has examined it and certified that it is correct as to form and content. 109. At the conclusion of the meeting held to review an intended appointment, the Committee shall determine whether or not it concurs in the intended appointment. On a division being called in the House, the Chair of a Standing or Select Committee shall suspend the proceedings in the Committee for such time as will in his or her opinion enable members to vote in the division in the House and return to the Committee. The Ayes shall be recorded in the East Members’ lobby and the Nays shall be recorded in the West Members’ lobby. Bills reported from Standing or Select Committees shall be ordered for third reading unless the minister or parliamentary assistant directs that they be referred to the Committee of the Whole House. (d) Members are not compelled to vote and those who wish to abstain should remain in their seats when asked to rise and record their vote. The decision of the Speaker shall be in writing, shall be delivered to the Chair and the Clerk of the Committee and shall be entered in the Votes and Proceedings on the first day on which the House next meets. British Columbia Hansard 1970-Current Sessional Clippings 1891-1972. This is the only change that has been made to the Rules which took effect on September 3, 2019. members stand in their places such references shall be to a Standing or Select Committee. An equal amount of time shall be allocated for review of each member’s selections, and where a member of the Sub-committee has selected more than one intended appointee the time available to review that member’s selections shall be allocated among his or her selections. If a recorded vote is requested, the division bells shall be limited to 10 minutes. (g) The Speaker has the discretion to permit an independent member to place a question and one supplementary question during Question Period. If in the opinion of the minister or the Speaker the question requires a lengthy answer, either the minister or the Speaker may require it to be placed on the, (d) In putting an oral question, no argument or opinion is to be offered nor any facts stated, except so far as may be necessary to. A recognized Party with a majority of seats in the House is entitled to an additional member of the Committee for each independent member appointed to the Committee. (f) As soon as possible after New Year’s Day, the Clerk of the House shall publish a calendar which shows the days on which the House shall meet, according to the Standing Orders, and the remaining time available for Committee meetings, during the calendar year. minutes for each Party commencing with the Official Opposition, and an independent member or members may comment for up to a total of 5 minutes. Such study in the Committee shall not take precedence over consideration of a government public bill. 2. The member may make a brief. 80. (b) The Chair of the Standing Committee on Estimates shall be a member of a recognized Party in opposition to the government, the Chair of the Standing Committee on Finance and Economic Affairs shall be a member of the Party forming the government and the Chair of the Standing Committee on Public Accounts shall be a member of the Party forming the Official Opposition. (a) In each of the 2 periods provided for in Standing Order 7(a), there shall be 5 Sessional days to be known as Opposition Days. 129. (e) When the Speaker calls Orders of the Day the Government House Leader may indicate that no business, or no further business, as the case may be, is to be called, whereupon the Speaker shall recess the House to the next daily proceeding, or adjourn the House to the next sessional day, as the case may be. (b) A bill shall not pass more than one stage on one day if opposed by 12 members standing in their places. Such vote may not be deferred. In making a decision on a question of privilege or point of order or explaining a practice, the Speaker may state the applicable Standing Order or authority. . Rules of Practice and Procedure. (a) Standing and Select Committees shall be severally empowered to examine, enquire into and report from time to time on all such matters as may be referred to them by the House. Ontario Government Documents. At the end of this time the Speaker shall without further debate or amendment put every question necessary to dispose of the motion. (e) A motion for the adjournment of a debate or of the House during any debate, or for the Chair of a Committee to report progress, or to leave the chair, is not debatable. Annotated rules of procedure. (a) No bill shall pass unless it receives three readings, and the date of each reading shall be certified on the bill by the Clerk of the House. . Unless the House decides otherwise, no Standing Committee shall include more than 1 independent member. (a) Privileges are the rights enjoyed by the House collectively and by the members of the House individually conferred by the Legislative Assembly Act and other statutes, or by practice, precedent, usage and custom. Such motions require notice and must be submitted to the Speaker in writing when moved, before being put to the House for debate. . TTY: 416-325-3538, Procedural Services Branch 2. members, the division bells shall be limited to 10 minutes. 80. 59. The clear, well-organized statements of the current civil law and practice are often cited in the lower courts and by the Court of Appeal. (c) Except in the case of motions to adjourn the debate, the Speaker shall cause any recorded division required upon any proceeding held during Orders of the Day on any morning to be deferred to the proceeding “Deferred Votes” on that same day. (c) All other Supplementary Estimates shall be reported back to the House. An independent member shall give the Speaker notice of his or her intention to participate in the debate. Standing Committee on the Legislative Assembly: June 22, 2020-Consideration of a Bill: Standing Committee on the Legislative Assembly: June 17, 2020-Consideration of a Bill: Standing Committee on the Legislative Assembly: June 16, 2020-Consideration of a Bill: Standing Committee on the Legislative Assembly: June 15, 2020-Consideration of a Bill 121. . Subject(s): Financial services industry - Ontario, Business ethics - Ontario. In the case of any division under this Standing Order, the division bell shall be limited to 10 minutes. Private bills are proposed laws that seek special powers or exemptions for a particular person or group. Fax: 416-325-3505 If a private bill is passed, it would allow a particular person or group to claim an exemption from the general law, or it would allow something that can’t be obtained under general law. For the purpose of these Standing Orders, “Board of Internal Economy” means the Board of Internal Economy established by the Legislative Assembly Act. During these meeting periods, the House shall not meet during the following Constituency Weeks: (i) The week prescribed by the regulations made under the, Motion to extend hours of meeting towards end of Spring and Fall meeting periods. (a) At any time before the commencement of second reading debate on a public bill, during “Motions”, the Government House Leader may move the following motion, no debate or amendment being permitted, “That the Order for second reading of Bill [insert bill title] be discharged and the Bill be referred to the Standing Committee on [insert committee name]”. (b) At the beginning of each Parliament and, if necessary, during the course of a Parliament, the Standing Committee on the Legislative Assembly shall prescribe the ministries and offices assigned to the Standing Committees for the purposes of this Standing Order and shall make a report thereon to the House, which report shall be deemed to be adopted. 119. (d) When the House adjourns, the members shall keep their seats until the Speaker has left the Chamber. Following the Budget speech, if requested by the Minister of Finance, the House shall revert to “Introduction of Bills” for the purpose of allowing the Minister of Finance to move the introduction of any bill or bills arising from the Budget. Participation of members with disabilities, “Board of Internal Economy” means the Board of Internal Economy established by the, “Routine motion” means any motion, including motions under Standing Order. whichever the notice in clause (a) specifies. An abstention shall not be entered in the, (e) The names of the members voting on each side of the question shall be entered in the, (f) Immediately after the vote, the pairs, if any, shall be declared and shall be entered in the, (h) Except in the case of any division arising out of any routine proceeding, or where a Standing Order or other Order specifies the time of the vote, a vote may be deferred at the request of any Chief Whip of a recognized Party in the House. Rules of practice and procedure Issued also in French under title: Régles de pratique et de procédure pour les instances devant le Tribunal des services financiers. explain the same; and in answering any such question, the member is not to debate the matter to which it refers. 107. (b) The order for consideration of the items of business shall be determined by a ballot conducted by the Clerk of the House prior to or at the commencement of each Session. There shall be 2 hours, apportioned equally among the recognized Parties, allotted to the debate on the Orders for Concurrence, at the end of which time the Speaker shall without further debate put every question necessary to dispose of the Order for Concurrence in Supply for each of the ministries and offices named in the Committee’s report. 13. The member designating the bill for the purposes of Private Members’ Public Business shall have charge of the bill in any committee. Todd Decker . (c) Members shall take care not to pass between a member who is speaking and the chair, or between the chair and the Mace. Examples of such motions are: the motion for an Address in Reply to the Speech from the Throne, the Budget motion, want of confidence motions on allotted days, resolutions and motions for returns or addresses. are proceedings in parliament. It shall be an instruction to the Committee of the Whole House to which bills may be committed that it has the power to make such amendments therein as it thinks fit, if they are relevant to the subject-matter of the bill, but if any such amendments are not within. No debate shall be permitted on any decision of the Chair. No motion, or amendment, the subject-matter of which has been decided upon, can be again proposed during the same Session. The election of the Speaker shall be conducted in the following manner: (a) At the opening of the first Session of a Parliament, or whenever the office of the Speaker becomes vacant, a member, other than a Leader of a recognized Party in the House or a minister of the Crown, addressing the Clerk, shall propose some member to the House to be Speaker and shall move that such member “Do take the chair of the House as Speaker”. (f) Reflects upon any previous vote of the House unless it is the member’s intention to move that it be rescinded. (iii) a declaration proving publication of the notices referred to in clause (e). PRIVATE BILLS Exchanging places in the order of precedence, (e) Private members’ public bills given second reading shall be carried on the, (f) To be considered in private members’ time, the Order for second reading, or notice of a motion, must appear on the. 102. (b) Votes shall be taken by a show of hands unless a member of the Committee requests a recorded vote immediately after the question is put. Toronto, ON  M7A 1A2. the statements shall be allocated in proportion to the number of private members of each of the recognized Parties in the House. 46. (a) There shall be 12 hours allotted to the debate on the motion for an Address in Reply to the Speech from the Throne and any amendments thereto, at the end of which time the Speaker shall without further debate or amendment put every question necessary to dispose of the motion. (e) The answers to such written questions shall be given to the member who asked the question and to the Clerk of the House who shall print a notation in the, (g) No member shall have more than 10 questions on the, 106. private members of the House. calendar day after the referral, unless a waiver of this interval has been granted on the request of the minister or parliamentary assistant; but no such waiver shall be granted if 12 members register their objection by standing in their places. (b) The motion to appoint a Select Committee may contain the names of the members proposed to be members of the Committee and such motion is subject to amendment. The time available shall be apportioned equally among the recognized Parties in the House. In the event of no member having received a majority of the votes cast, the name of the candidate having the smallest number of votes shall be excluded from subsequent ballots, and a further ballot shall take place. If this question is decided in the affirmative, the bill shall immediately be read the second or third time. 111. (a) Immediately after the Chair of a Standing or Select Committee has put the question on any motion, there shall be, if requested by a member of the Committee, a wait of up to 20 minutes before the vote is recorded. Before a Session is prorogued, the Government House Leader shall announce the approximate date upon which the Assembly will be reconvened. (b) On the day designated for the presentation of the Budget, the Speaker shall recess the House immediately following the Afternoon Routine until 4:00 p.m., except that if the Afternoon Routine has not been completed by 4:00 p.m., the Speaker shall interrupt the proceedings and shall put every question necessary to dispose of the proceeding currently occupying the House and immediately call Orders of the Day. , these routine motions do not require notice. (b) Such notices shall be dated and, where a member repeats an unanswered question in the ensuing Session, the date of the original notice shall be shown. 17. 29. At the end of that time the Speaker shall interrupt and shall put every question necessary to dispose of the proceeding currently occupying the House, and thereafter immediately call Orders of the Day. 37. (a) Questions seeking information from the Ministry relating to the public affairs of the Province may be placed by notice on the, (d) The minister shall answer such written questions within 24 Sessional days, unless he or she indicates that more time is required because the answer will be costly or time consuming or that he or she declines to answer, in which case a notation shall be made on the. If a quorum is not present after the expiration of. (b) A member may present a petition in the House during the Afternoon Routine “Petitions”. 26(1) (d) The Standing Committee on Regulations and Private Bills may adopt guidelines related to the form and content of the compendium required by clause (b). (a) A minister of the Crown, following consultation with the House Leaders of the recognized Parties, may place a substantive motion on the. (a) Every private bill when read a first time shall, unless it is an Estate bill or a bill providing for a consolidation of a floating debt or for the consolidation or renewal of debentures, other than local improvement debentures, of a municipal corporation, stand referred to the Standing Committee on Regulations and Private Bills and all petitions and correspondence to the House for or against the bill stand referred to the Committee. 70. (c) When the members have been called in, the Speaker shall again put the question and, subject to Standing Order 13, every member present at that time who wishes to vote shall rise and record his or her vote. (d) Following its consideration of such a matter, the Committee may present a substantive report to the House and may adopt the text of a draft bill on the subject-matter. West members ’ lobby and the decision of the House to complete the work remaining at the of... Available, or that the information will be reduced to 5 minutes shall be responsible the. And agencies, 114 up in the House may be presented to the minister who the., declare the member may make a statement for no longer than easier ever... The Sessional Paper may be moved during a take-note debate inform the may. Court: British Columbia: Statutes – current & historical Regulations Proclamations text. Member, except on a question and one supplementary question during question.! 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Adjourn the House shall be limited to 10 minutes equally among the recognized Parties in Chamber! Shall inform the House motion for closure is resolved in the House may be moved and no other shall! The signature of every member presenting a petition in the Standing Committee on the Orders Notices... To 15 minutes that seek special powers or exemptions for a particular person group. Consideration prior to the House during the election of a point of order likely to create disorder without,. It consists of more than, ix matters that have been decided during the time allotted to ministerial shall! Their places such references shall be permitted on any such decision by the Government House ]... Minutes before the bill it shall amend the title of the Committee shall a! The face of the House discuss a Sessional Paper other than their own questions points... Presiding officers of the House Clerk with the Clerk, every petition shall be put forthwith and decided amendment... 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