Standing Committee on Procedure and House Affairs

Mandate

Standing Committee on Procedure and House Affairs 
 
As per Standing Order 109.1, within the first 10 sessional days following the commencement of a Parliament, the membership of the Standing Committee on Procedure and House Affairs shall be appointed, on motion with notice, for the duration of the Parliament, which committee is empowered to do the following:

a) at the beginning of a Parliament, and from time to time as may be required, to appoint or revise, for the duration of a Parliament, the membership of the Standing Committees referred to in Standing Order 110 and those Select Committees which the House has resolved should have their membership appointed under this standing order and shall make a report thereon to the House, which report shall be deemed to be adopted;

b) to review on its own initiative or at the request of the Speaker or the direction of the House and to report to the House its observations, opinions and recommendations on the Standing Orders of the House and the procedures in the House and its Committees;

c) to advise the Speaker and the Board of Internal Economy, and to report to the House its observations, opinions and recommendations on the administration of the House and the provision of services and facilities to Members;
d) to act as an advisory body to the Speaker and the House on the television broadcast system and to conduct reviews, at least on an annual basis, of the televising of the legislative proceedings and of the guidelines established by the House with respect to the television broadcast system;

e) to be the Committee which is empowered to review and consider from time to time the Reports of the Ombudsman as they become available; and, as the Committee deems necessary, pursuant to subsection 15(1) of the Ombudsman Act, to formulate general rules for the guidance of the Ombudsman in the exercise of his or her functions under the Act; and to report thereon to the Legislature and to make such recommendations as the Committee deems appropriate;

f) 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 

(ix) General powers should not be used to establish a judicial tribunal or an administrative tribunal, 

and the Committee shall from time to time report to the House its observations, opinions and recommendations as required by section 33 of Part III (Regulations) of the Legislation Act, 2006, but before drawing the attention of the House to a regulation or other statutory instrument, the Committee shall afford the ministry or agency concerned an opportunity to furnish orally or in writing to the Committee such explanation as the ministry or agency thinks fit; 

g) to be the committee provided for in subsection 7(1) and section 12 of the Queen’s Park Restoration Secretariat Act, 2023 and subsection 108.3(1) and section 108.5 of the Legislative Assembly Act and, without limitation, to have the general mandate to inquire into and make recommendations respecting any project to restore the legislative building at Queen’s Park including any relocation of legislative operations to a temporary location throughout the project.


Standing Order 113:
 
Under Standing Order 113, the policy field committees may conduct relatively unlimited studies. The only restriction is that the study must relate to a Ministry or Office assigned to that
Committee. The subject-matter and duration of the study are left to the Committee to decide. This Standing Order is usually used when the Committee agrees on what it wishes to study. 


At the beginning of each Parliament and, if necessary, during the course of a Parliament, the Standing Committee on Procedure and House Affairs shall prescribe the ministries and offices assigned to the Standing Committees for the purposes of this Standing Order and for the purpose of consideration of Estimates and shall make a report thereon to the House, which report shall be deemed to be adopted. The Office of the Premier and the Cabinet Office shall be assigned to the same Standing Committee.

Standing Order 128: 

Once in each Session, each permanent member (including the Chair) of the Standing Committee on Justice Policy, the Standing Committee on Social Policy, the Standing Committee on Heritage, Infrastructure and Cultural Policy, the Standing Committee on the Interior, the Standing Committee on Finance and Economic Affairs, and the Standing Committee on Procedure and House Affairs, is entitled to propose a matter to  be considered by their particular committee. The matter must relate to the mandate, management, organization or operation of the Ministries and Offices assigned to the Committee as well as the Agencies, Boards and Commissions reporting to such Ministries and Offices.  

The proposal of a member under this Standing Order must be adopted by at least two-thirds of the members of the committee, excluding the Chair.   

A study by the Committee under the terms of this Standing Order cannot take precedence over consideration of a government public bill.  

The Committee may present a substantive report to the House and may adopt the text of a draft bill on the subject matter. At least three hours of debate will be allowed on the bill in the House at a time decided upon by the House Leaders of the recognized Parties. 


The procedures that the Committee follows, with respect to Private Bills, are set out in Standing Orders 85 through 99: 

Application requirements

85 (a) Any person, group or corporation may make an application for a Private Bill by filing with the Clerk of the House, 

(i) a copy of the Bill; 

(ii)a fee in an amount prescribed by the Standing Committee on Procedure and House Affairs, which may be amended by that committee from time to time.; and 

(iii) a declaration proving publication of the notices referred to in clause (e). 

Printing Costs

(b) Every applicant for a Private Bill shall pay the cost of printing the Bill at all of its stages, including reprinting if it is amended. 

Suspension charges

(c)  Where, at the request of the applicant, a Standing Order is suspended with reference to a Private Bill, a charge shall be levied in an amount which shall be prescribed by the Standing Committee on Procedure and House Affairs, and which may be amended by that committee from time to time.

Fees for the duration of the 43rd Parliament

(c.1) Until the Standing Committee on Procedure and House Affairs has set new fees pursuant to Standing Order 85(a)(ii) and 85(c), the fees shall remain at the amounts indicated in the Standing Orders as they were on the first day of the 43rd Parliament. [In effect for the duration of the 43rd Parliament]

Remission of fees
Waiver of printing costs

(d) Where a Private Bill relates to a charitable organization within the meaning of the Income Tax Act (Canada), the Standing Committee on Procedure and House Affairs 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. 

Notice published

(e) Notice of an application for a Private Bill shall be given before it is read a first time by publishing the notice once a week for at least 4 weeks in each of The Ontario Gazette and 1 newspaper circulated in the municipality most affected and the notice shall, 

(i) be signed by or on behalf of the applicant; 

(ii) clearly state the nature and object of the application; 

(iii) when the application refers to any proposed work, indicate generally the location of the work; 

(iv) where the application is by a municipal corporation for authority to issue debentures, set out the particulars of the existing debenture debt and the amount of the rateable property of the municipality according to the last revised assessment roll of the corporation and in brief and general terms, the object for which the new issue of debentures is required; and 

(v) state that any person who has an interest in the application and who wishes to make submissions for or against the application if it is considered by the Standing Committee on Procedure and House Affairs should notify the Clerk of the House in writing. 

Period notice valid

(f) Notice of an application for a Private Bill is valid for the calendar year in which the last notice is published and until the first day of July in the next following calendar year. 

Continued in next Session

(g) Where, 

(i) an application for a Private Bill is made during a Session but the Bill is not read a first time; or 

(ii) a Private Bill is read a first time but is not given further consideration by the House or considered by the Standing Committee on Procedure and House Affairs before dissolution or prorogation,

 the application shall be considered during the next regular Session of the House without publishing further notice of the application and without payment of additional fees under clause (a). 

Reference of application to Procedure and House Affairs Committee

86  The Clerk of the House shall refer to the Standing Committee on Procedure and House Affairs any application that, in his or her opinion, does not comply with the Standing Orders. 

Letters patent, etc.

87  When any Private Bill confirming any letters patent or agreement is presented to the House, a copy of the letters patent or agreement shall be included in the Bill. 

Certificate of Minister of Finance

88  No Private Bill relating to the status of a corporation shall be given First Reading until there has been deposited with the Clerk of the House a certificate of the Minister of Finance showing that all taxes payable under the Corporations Tax Act in respect of the corporation have been paid. 

Ordered for Second Reading
Request for Referral

89(a) Subject to Standing Orders 90 and 91, every Private Bill when read a first time shall remain ordered for Second Reading, unless a request is filed in writing to refer the Bill to the Standing Committee on Procedure and House Affairs with the Clerk of the House by, 

(i) a permanent Member of the Standing Committee on Procedure and House Affairs; or 

(ii) 5 Members of the Assembly not of the Standing Committee on Procedure and House Affairs, 

in which case the Order for Second Reading of the Bill shall be discharged and the Bill shall be deemed to be referred to the Standing Committee on Procedure and House Affairs. 

Second and Third Reading of Private Bill
(b) If no such request is received within 16 sessional days of the Bill being read a first time, the Order for Second Reading of the Bill may be called at the discretion of the Government House Leader. When such Order is called, the Speaker shall without debate or amendment put all questions necessary to dispose of this stage of the Bill. A Private Bill given Second Reading shall be ordered for Third Reading, and the Order for Third Reading shall then immediately be called and the Speaker shall put the question forthwith without debate or amendment. 

Compendium

(c) No Private Bill shall be given First Reading unless a compendium of background information has been deposited with the Clerk of the House by the applicant. 

Same

(d) The compendium required under clause (c) shall cite the precedents, if any, used in drafting the Private Bill and shall contain an up-to-date consolidation of existing legislation that is amended by the Bill. 

Compendium Guidelines

(e) The Standing Committee on Procedure and House Affairs may adopt guidelines related to the form and content of the compendium required by clause (c). 

Amendment of existing Private Act

(f) Where the purpose of a Private Bill application is to amend a section of an existing Private Act or the Private Bill would have the effect of amending a section of an existing Private Act, the Private Bill shall re-enact the section in its entirety. 

Certain municipal applications referred to O.L.T.

90(a) Every Private Bill or part of a bill of a municipal corporation providing for the consolidation of a floating debt, or the consolidation or renewal of debentures, other than local improvement debentures, stands referred to the Ontario Land Tribunal after First Reading. 

Report

(b) The Tribunal, after due enquiry, shall report to the House whether or not it is reasonable that the Bill, or that part thereof relating to the matters referred to in clause (a), should pass and what, if any, alterations are necessary. 

O.L.T. report sent to Clerk

(c) A report of the Ontario Land Tribunal shall be transmitted to the Clerk of the House. 
Bill and report to Committee

(d) The Bill and report shall stand referred to the Standing Committee on Procedure and House Affairs. 

Estate bills referred

91(a) Every Estate Bill or part of a bill that contains an Estate Bill provision stands referred to the Commissioners of Estate Bills after First Reading. 

Report of Commissioners

(b) The Commissioners of Estate Bills, or any 2 of them, shall report their opinion on the Bill or the part thereof that has been submitted to them, and whether, presuming the allegations contained in the preamble to be proven to the satisfaction of the House, it is reasonable for the Bill or the part thereof to pass and what, if any, alterations are necessary. 

Report set to Clerk

(c) A report of the Commissioners of Estate Bills shall be transmitted to the Clerk of the House. 

Effect of adverse report

(d) Where the Commissioners of Estate Bills report that, in their opinion, it is not reasonable that the Bill or the part thereof submitted to them pass into law, the Bill or the part thereof shall not be further considered. 

Bill and report to Committee

(e) Where the Bill or the part thereof submitted to the Commissioners of Estate Bills is reported favourably by the Commissioners, the Bill and the report shall stand referred to the Standing Committee on Procedure and House Affairs and where only part of a bill is submitted to the Commissioners and the Commissioners report that, in their opinion, it is not reasonable that the part pass into law, the Bill shall stand referred to the Standing Committee on Procedure and House Affairs and the Committee shall amend the Bill by deleting therefrom the part to which the report relates. 

Notice of Committee hearings regarding Private Bills

92 The Clerk of the House shall publish 5 calendar days’ notice of the date on which any Private Bill is to be considered by the Standing Committee on Procedure and House Affairs. 

Announcement of notices received

93(a) The Speaker shall advise the House of any notices received by the Clerk of the House pursuant to Standing Order 85(e)(v) and all submissions related to the Bill shall stand referred to the Standing Committee on Procedure and House Affairs. 

Consent of interested person

(b) Any person whose interest or property may be affected by a Private Bill, when required, shall appear before the Standing Committee on Procedure and House Affairs to express his or her consent or objection, or may consent in writing, proof of which may be demanded by the Committee. 

On Orders and Notices Paper after report

94 Private Bills when reported by the Standing Committee on Procedure and House Affairs shall be placed on the Orders and Notices Paper for Second Reading, which Orders may then be called by the Government House Leader, and the provisions of Standing Order 89(b) shall then apply. 

Reprinting of amended bills

95 Private Bills amended by a committee may be reprinted before further consideration, as the Clerk of the House may direct. 

Notice required to dispense with Standing Order

96 Except when waived by unanimous consent of the House, notice is required for a motion to dispense with any Standing Order relating to Private Bills. 

Private Bill Register

97 A Private Bill Register shall be kept in the office of the Clerk of the House, in which shall be entered the name, description, and place of residence of the parties applying for the Bill, or of their agent, and all the proceedings thereon, such Register to be open to public inspection daily, during office hours. 

Parliamentary agents

98(a) Every parliamentary agent conducting proceedings before the House is personally responsible to the House and to the Speaker for the observance of the Standing Orders and practices of Parliament, and also for the payment of all fees and charges. 

Misconduct of agents

(b) Any parliamentary agent who wilfully acts in violation of the Standing Orders and practices of Parliament, or who wilfully misconducts himself or herself in prosecuting any proceedings before the House, is liable to an absolute or temporary prohibition to practise as a parliamentary agent, at the pleasure of the Speaker. 

Notice Published

99 The Clerk of the House shall publish weekly in The Ontario Gazette the following notice:  

APPLICATIONS TO PARLIAMENT 
PRIVATE BILLS 
PUBLIC NOTICE 

  
The procedures related to applications for Private Bills are set out in the Standing Orders of the Legislative Assembly and the costs of applications are set by the Standing Committee on Procedure and House Affairs. Information is available at www.ola.org, or may be requested from:
  
Procedural Services Branch 
Room 1405, Whitney Block 
Queen’s Park 
Toronto, Ontario 
M7A 1A2 

Telephone: (416) 325-3500 
(Collect calls will be accepted.) 


Applicants should note that consideration of applications for private bills that are received after the first day of September in any calendar year may be postponed until the first regular Session in the next following calendar year.