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 |