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RULES OF THE SENATE OF CANADA
October 2005
TABLE OF CONTENTS
| Rule | Description | |
| PART
I
INTERPRETATION | ||
| 1 (1) | Procedure in unprovided cases | |
| 1 (2) | Priority of rules over practice | |
| 1 (3) | Gender | |
| 2 | Privileges unaffected | |
| 3 | Suspension of rule | |
| 4 | Definitions | |
| PART
II
SITTINGS OF THE SENATE | ||
| 5 (1) | Times of sittings | |
| 5 (2) | Sounding of bells | |
| 5 (3) | Speaker to enter | |
| 5 (4) | Prayers | |
| 6 (1) | Midnight adjournment | |
| 6 (2) | Friday afternoon adjournment | |
| 6 (3) | Adjournment of "Government Business" | |
| 6 (4) | Adjournment of "Other Business" | |
| 7 (1) | No adjournment until after deferred vote | |
| 7 (2) | Sounding of bells at 5:15 p.m. | |
| 8 | Pro forma bill | |
| 9 (1) | Quorum of fifteen | |
| 9 (2) | Sounding of bells for quorum | |
| 9 (3) | Lack of quorum | |
| 9 (4) | Business adjourned to next sitting | |
| 10 | When Speaker leaves Chair | |
| 11 | Absence of Speaker | |
| 12 | Acts valid | |
| 13 (1) | Evening sittings | |
| 13 (2) | Exception | |
| 14 | Friday adjournment | |
| 15 (1) | Motion to adjourn | |
| 15 (2) | When motion can be moved | |
| 15 (3) | No debate | |
| 15 (4) | Standing vote | |
| 15 (5) | Second motion | |
| 16 | Demeanour | |
| 17 (1) | Recall of Senate | |
| 17 (2) | Extended time of adjournment | |
| 17 (3) | Non-receipt of notices | |
| 17 (4) | Absence of Speaker | |
| PART
III
ORDER AND DECORUM | ||
| 18 (1) | Authority of Speaker to preserve order and decorum | |
| 18 (2) | Speaker's reasons | |
| 18 (2.1) | Scope of Speaker's Authority | |
| 18 (3) | Speaker's decision re sufficiency of arguments | |
| 18 (4) | Appeal of Speaker's decisions | |
| 18 (5) | When Speaker rises | |
| 19 | Demeanour of Senators in Chamber | |
| 20 (1) | Ordering withdrawal of strangers | |
| 20 (2) | Prior order not required | |
| 20 (3) | Clearing of galleries | |
| 21 | Participation of minister in debate | |
| PART
IV
ROUTINE OF BUSINESS | ||
| 22 (1) | "Senators' Statements" | |
| 22 (2) | Exception following emergency debate | |
| 22 (3) | Oral notice of question of privilege | |
| 22 (4) | Criteria for "Senators' Statements" | |
| 22 (5) | Visitors in the gallery | |
| 22 (6) | Limitation on Senator's intervention | |
| 22 (7) | Leave to extend time for "Senators' Statements" | |
| 22 (8) | Speaker remaining in chair after 6:00 p.m. | |
| 22 (9) | No standing votes | |
| 22 (10) | Tributes | |
| 22 (11) | Time limits | |
| 22 (12) | No leave | |
| 22 (13) | Response | |
| 22 (14) | Senate Publications | |
| 22 (15) | No bar | |
| 22 (16) | Other tributes | |
| 23 (1) | Consideration of questions of privilege and points of order | |
| 23 (2) | First reading of bills | |
| 23 (3) | Deferral of standing vote | |
| 23 (4) | Dilatory and procedural motions | |
| 23 (5) | Calling of Orders of the Day at 8:00 p.m. and on Fridays at noon | |
| 23 (6) | Daily routine of business | |
| 23 (7) | Question period | |
| 23 (8) | Other orders of business | |
| 24 (1) | Oral questions | |
| 24 (2) | Supplementary questions | |
| 24 (3) | Questions taken as notice | |
| 24 (4) | Explanatory remarks permitted | |
| 25 (1) | Written questions | |
| 25 (2) | Printed replies | |
| 26 | Orders of the Day | |
| 26 (1) | Government Business | |
| 26 (2) | Other business | |
| PART
V
PROCESS OF DEBATE; | ||
| 27 (1) | Priority of government business | |
| 27 (2) | Standing of orders until next sitting | |
| 27 (3) | Deletion from Order Paper | |
| 28 (1) | Tabling of documents | |
| 28 (2) | Record of tabling | |
| 28 (3) | Tabling of government papers | |
| 28 (4) | Tabling of other documents | |
| 28 (5) | Record of tabling | |
| 29 | Preambles | |
| 30 | Withdrawal of motion or inquiry | |
| 31 | Motion not seconded | |
| 32 | Speaking in the Senate | |
| 32.1 | Declaration of interest | |
| 33 (1) | Two or more Senators rising to speak | |
| 33 (2) | Motion to allow another Senator to speak | |
| 33 (3) | Adoption of motion | |
| 33 (4) | Non-adoption of motion | |
| 34 (1) | Yielding the floor to another Senator | |
| 34 (2) | Yielding the floor for a question | |
| 35 | Right of final reply | |
| 36 | Closing of debate | |
| 37 (1) | No Senator to speak more than once | |
| 37 (2) | Time for Leaders | |
| 37 (3) | Time limit on speeches relating to bills | |
| 37 (4) | General time limit on speeches | |
| 37 (5) | Expiry of time limits on speeches | |
| 38 | Agreement to allot time | |
| 39 (1) | Government notice of motion to allocate time | |
| 39 (2) | Time limits in government motion | |
| 39 (3) | Limitation | |
| 39 (4) | Procedure on taking of standing vote | |
| 39 (5) | Procedure on consideration of order | |
| 39 (6) | Interruption | |
| 39 (7) | No other motions to be received | |
| 40 (1) | Procedure on government motion to allocate time | |
| 40 (2) | Procedure during debate of government motion | |
| 41 | Mover or seconder may speak later | |
| 42 | No debate on mere interrogation | |
| 43 (1) | Criteria for raising question of privilege | |
| 43 (2) | Failure to raise at earlier opportunity | |
| 43 (3) | Written notice | |
| 43 (4) | Notice for Friday | |
| 43 (5) | Distribution of notices by Clerk | |
| 43 (6) | Non-receipt of notice | |
| 43 (7) | Oral notice | |
| 43 (8) | Time of Senate consideration | |
| 43 (9) | Senate consideration on a Friday | |
| 43 (10) | Order of consideration | |
| 43 (11) | Debates to be seriatim | |
| 43 (12) | Prima facie determination by Speaker | |
| 44 (1) | Motion to take action | |
| 44 (2) | When motion may be moved | |
| 44 (3) | When debate on motion may begin | |
| 44 (4) | Debate on Friday | |
| 44 (5) | Time limits on speaking | |
| 44 (6) | Motion to adjourn and continuation of debate | |
| 44 (7) | Speaker to put question after three hours | |
| 44 (8) | Adjournment upon completion of debate | |
| 44 (9) | Where orders of the day not previously concluded | |
| 45 | Complaint against news media | |
| 46 | Quoting Commons speech | |
| 47 | Reading the question | |
| 48 (1) | Motions during debate | |
| 48 (2) | Previous question | |
| 49 (1) | Motion to adjourn | |
| 49 (2) | Motion to adjourn government item | |
| 50 | Senator called to order | |
| 51 | Objectionable speeches | |
| 52 | Redress of injured Senator | |
| 53 (1) | Exceptionable words | |
| 53 (2) | Retraction and apologies | |
| 54 | Senate intervention in disputes | |
| 55 (1) | Speaker addressing Senate | |
| 55 (2) | Participation of Speaker in debate | |
| 55 (3) | Speaker to leave Chair | |
| PART
VI
NOTICES | ||
| 56 (1) | Notice of inquiry or motion | |
| 56 (2) | Calling matter to attention of Senate | |
| 56 (3) | Notice for absent Senator | |
| 57 (1) | Two days' notice of certain motions | |
| 57 (2) | Idem | |
| 58 (1) | One day's notice of certain motions | |
| 58 (2) | Correcting irregularities or mistakes | |
| 59 | Matters requiring no notice | |
| PART
VII
MOTIONS | ||
| 60 (1) | Notice and criteria for emergency debate | |
| 60 (2) | Distribution of notice by Clerk | |
| 60 (3) | Non-receipt of notice | |
| 60 (4) | Order of debate | |
| 60 (5) | Reasons for emergency debate | |
| 60 (6) | Idem | |
| 60 (7) | Senate consideration of criteria | |
| 60 (8) | Urgency decided by Speaker | |
| 60 (9) | Senate consideration of notices | |
| 61 (1) | Motion for emergency debate | |
| 61 (2) | When leave granted on Friday | |
| 61 (3) | Where Orders of the Day completed | |
| 61 (4) | Where Orders of the Day not completed | |
| 61 (5) | Idem | |
| 61 (6) | One motion only at a sitting | |
| 61 (7) | No other motion to be received | |
| 61 (8) | Limitations on speaking | |
| 62 (1) | Debatable motions | |
| 62 (2) | Motions not debatable | |
| 63 (1) | No motions on resolved questions | |
| 63 (2) | Rescinding of orders | |
| 64 | Objectionable notice | |
| PART
VIII
VOTING | ||
| 65 (1) | Voice vote | |
| 65 (2) | Speaker's decision final | |
| 65 (3) | Standing Vote | |
| 65 (4) | Pecuniary interest | |
| 65 (5) | Vote lost when voices equal | |
| 66 (1) | Sounding of bells for standing vote | |
| 66 (2) | Taking of vote | |
| 66 (3) | Sounding of bells for certain votes | |
| 66 (4) | Procedures during taking of votes | |
| 66 (5) | Idem | |
| 66 (6) | Adjournment suspended during vote | |
| 67 (1) | Deferral of standing vote | |
| 67 (2) | Normal deferred time | |
| 67 (3) | Friday extension of deferral | |
| 67 (4) | No deferrals in relation to subsequent business | |
| 67 (5) | One sounding of bells for same items | |
| 67 (6) | Standing vote once deferred | |
| 68 (1) | Requirement for voting | |
| 68 (2) | No debate after vote called | |
| 68 (3) | Withdrawing or amending vote | |
| PART
IX
PETITIONS AND BILLS | ||
| 69 | Petition by individual | |
| 70 | Petition by corporation | |
| 71 | Petition on behalf of public meeting | |
| 72 (1) | Form of amending bill | |
| 72 (2) | Typographical indications | |
| 72 (3) | Explanatory notes | |
| 72 (4) | Reprints | |
| 73 (1) | Right to present bills | |
| 73 (2) | First reading | |
| 74 (1) | Referral to committee of subject-matter of bill | |
| 74 (2) | Government notice of referral | |
| 74 (3) | Idem | |
| 75 | Second Reading | |
| 76 | Third reading | |
| 77 | Reconsideration of clauses | |
| 78 (1) | Senate disagreement with Commons amendments | |
| 78 (2) | Commons disagreement with Senate amendments | |
| 78 (3) | Conference | |
| 78 (4) | Free conference | |
| 79 | Speaking at conference | |
| 80 | No duplication of bill in same session | |
| 81 | Supply bills | |
| 82 | No tacking clauses | |
| PART
X
COMMITTEES | ||
| 83 | Committee of the Whole | |
| 84 (1) | Procedure in Committee of the Whole | |
| 84 (2) | Motion to leave chair or report progress | |
| 84 (3) | Proceedings recorded | |
| 85 (1) | Committee of Selection | |
| 85 (2) | Separate report | |
| 85 (2.1) | Report by the Leader of the Government | |
| 85 (3) | Term of appointment | |
| 85 (4) | Change in Membership | |
| 85 (5) | Notice to be signed | |
| 86 (1) | Standing Committees | |
| 86 (1)(a) | Library | |
| 86 (1)(b) | Printing | |
| 86 (1)(c) | Restaurant | |
| 86 (1)(d) | Scrutiny of Regulations | |
| 86 (1)(e) | Official Languages | |
| 86 (1)(f) | Rules, Procedures and the Rights of Parliament | |
| 86 (1)(g) | Internal Economy, Budgets and Administration | |
| 86 (1)(h) | Foreign Affairs | |
| 86 (1)(i) | National Finance | |
| 86 (1)(j) | Transport and Communications | |
| 86 (1)(k) | Legal and Constitutional Affairs | |
| 86 (1)(l) | Banking, Trade and Commerce | |
| 86 (1)(m) | Social Affairs, Science and Technology | |
| 86 (1)(n) | Agriculture and Forestry | |
| 86 (1)(o) | Fisheries and Oceans | |
| 86 (1)(p) | Energy, the Environment and Natural Resources | |
| 86 (1)(q) | Aboriginal Peoples | |
| 86 (1)(r) | National Security and Defence | |
| 86 (1)(s) | Human Rights | |
| 86 (1)(t) | Conflict of Interest for Senators | |
| 86 (2) | Residual matters | |
| 86 (3) | Legislative committees | |
| 87 | Members ex officio | |
| 88 | Organization meeting | |
| 89 | Meeting without quorum | |
| 90 | Powers of committees | |
| 91 | Participation by non-members | |
| 92 (1) | All committees meetings to be public | |
| 92 (2) | Exceptions | |
| 92 (2.1) | In camera Meetings | |
| 92 (3) | Subcommittees | |
| 92 (4) | Joint committees | |
| 92 (5) | Attendance by public | |
| 93 | Special committees | |
| 94 (1) | Pecuniary interested | |
| 94 (2) | Sponsoring Senator | |
| 95 (1) | Committee adjournment | |
| 95 (2) | Sittings during Senate adjournment | |
| 95 (3) | Idem | |
| 95 (3.1) | Idem | |
| 95 (4) | When Senate sits | |
| 96 (1) | Vote lost when voices equal | |
| 96 (2) | Majority conclusions | |
| 96 (3) | Seconder not required | |
| 96 (4) | Subcommittees | |
| 96 (5) | Composition | |
| 96 (6) | Addressing the Chair | |
| 96 (7) | Special procedures not permitted | |
| 96 (7.1) | Clause-by-clause consideration | |
| 96 (8) | Smoking prohibited | |
| 97 (1) | Presentation of report | |
| 97 (1.1) | Report on Conflict of Interest | |
| 97 (2) | No debate | |
| 97 (3) | Information only | |
| 97 (4) | Reporting bill without amendment | |
| 97 (5) | Reporting bill with amendments | |
| 97 (6) | Motion deemed made | |
| 97 (7) | Right to speak | |
| 97 (8) | Taking of vote | |
| 97 (9) | Deferred vote | |
| 97 (10) | Idem | |
| 98 | Obligation to report bill | |
| 99 | Obligation to explain amendments | |
| 100 | Reporting against bill | |
| 101 | Signing of amended bill | |
| 102 | Payment of witnesses' expenses | |
| 103 | Financial operation | |
| 104 (1) | Final reporting of expenses | |
| 104 (2) | Idem | |
| 104 (3) | Interim report | |
| 104 (4) | Tabling of report | |
| 104 (5) | Printing of report | |
| PART
XI
PRIVATE BILLS | ||
| 105 | Publication of rules in Canada Gazette | |
| 106 (1) | Notice in Canada Gazette | |
| 106 (2) | Notice in newspapers | |
| 106 (3) | Frequency of publication | |
| 106 (4) | Statutory declaration | |
| 107 (1) | Examiner of petitions | |
| 107 (2) | Report on petitions | |
| 108 | Suspension of rules | |
| 109 | Introduced on petition | |
| 110 | Deposit of bill and fees | |
| 111 | Reference re provincial jurisdiction | |
| 112 | Reference to Supreme Court | |
| 113 | Referral to committee | |
| 114 | Private bill from Commons | |
| 115 | Delay before consideration by committee | |
| 116 | Private Bill Register | |
| 117 | Daily lists of private bills | |
| 118 | Interested parties as witnesses | |
| 119 | Committee of the whole | |
| 120 | Substantial amendments | |
| 121 | Commons Amendments | |
| 122 | Public bill rules apply | |
| PART
XII
GENERAL | ||
| 123 | Transmission of messages | |
| 124 (1) | Attendance before Commons | |
| 124 (2) | Idem | |
| 124 (3) | Penalty | |
| 124 (4) | Voluntary attendance | |
| 125 | Searching of Journals | |
| 126 | Former members | |
| 127 | Copies of Journals to Governor General | |
| 128 | Binding of Journals | |
| 129 | Printing | |
| 130 (1) | Permission to broadcast proceedings | |
| 130 (2) | Alternative arrangements | |
| 131 (1) | Tabling of accounts and papers | |
| 131 (2) | Request for Government response | |
| 131 (3) | Response | |
| 131 (4) | Deemed referred to committee | |
| 132 | Royal prerogative | |
| 133 | Failure to attend sessions | |
| 134 (1) | Access to Senate Chamber by certain personages | |
| 134 (2) | Fixing time for procedures | |
| 134 (3) | Interruption of proceedings read message | |
| 134 (4) | Suspension of sitting | |
| 134 (5) | Suspension of certain rules | |
| 134 (6) | Deferral of standing vote | |
| 134 (7) | Deferral votes further deferred | |
| 134 (8) | Interruption of debate to admit personage | |
| 134 (9) | Resumption of debate | |
| 135 | Renewal of property declaration | |
| 136 (1) | Duty to attend | |
| 136 (2) | Power to dispense | |
| 136 (3) | Rescission | |
| 136 (4) | Absence obligatory | |
| 136 (5) | No disqualification | |
| 136 (6) | Preventive Measure | |
| 137 (1) | Authorized absences | |
| 137 (2) | Deductions for non-attendance | |
| 138 (1) | Deduction for suspension | |
| 138 (2) | Deductions restored | |
| 138 (3) | No mitigation or interest | |
| 139 (1) | Senate resources suspended | |
| 139 (2) | Application | |
| 139 (3) | Exceptions | |
| 140 (1) | Notice of charge | |
| 140 (2) | Leave of absence for accused Senator | |
| 140 (3) | Term | |
| 140 (4) | Public business | |
| 140 (5) | Preventive measure | |
| 140 (6) | Presumption of innocence | |
| 141 (1) | Suspension of convicted Senator | |
| 141 (2) | Duration of suspension | |
| 141 (3) | Time of conviction | |
| 141 (4) | Report | |
| APPENDIX I | ||
| Provincial Representations to Senate Committees | ||
| APPENDIX II | ||
| Cabinet Ministers Being Members of Senate Committees | ||
| APPENDIX III | ||
| Procedure for Dealing with Unauthorized Disclosure of Confidential Committee Reports and Other Documents or Proceedings | ||
| INDEX | ||
