Legislative Assembly of Ontario

AYES / POUR - 58

NAYS / CONTRE - 31

(b) The purpose of these Standing Orders is to ensure that Proceedings are conducted in a manner that respects the democratic rights of members,

(c) In all contingencies not provided for in the Standing Orders the question shall be decided by the Speaker or Chair, and in making the ruling the Speaker or Chair shall base the decision on the democratic rights of members referred to in clause (b). In doing so the Speaker shall have regard to any applicable usages and precedents of the Legislature and Parliamentary tradition.

(d) The Standing Orders shall not be interpreted or applied in a manner that permits a member to obtain a procedural or tactical advantage by contravening a Standing Order.

(c) The House may meet between the hours of 6:30 p.m. and 9:30 p.m. on the passage of a government motion for that purpose. Such a motion requires notice, and must appear on the Orders and Notices paper by the first Sessional day of the first week to which the motion applies. Such a motion may apply to one day or to more than one day. The question on such a motion shall be put forthwith and without amendment or debate. Despite Standing Order 2, such an evening meeting period is a new Sessional day. It shall be limited to the consideration of government orders or private members' public business or both, according to the terms of the motion, but no government bill shall be called on more than one Sessional day during a single calendar day without unanimous consent. If a recorded vote is requested by 5 members, the division bell shall be limited to 15 minutes. At 9:30 of such an evening meeting period, the Speaker shall adjourn the House without motion until the next Sessional day.

(c.1) Where a motion under clause (c) provides that all or part of an evening meeting period shall be devoted to the consideration of private members' public business, the motion shall indicate the business to be considered, the time or times reserved for such business, and any special procedure to be followed. Such motion may provide that all or part of Standing Order 96 applies with necessary modifications to the debate on private members' public business.

(c.2) The House may sit beyond the hours provided in clauses (a) and (c) on the passage of a government motion for that purpose. Such a motion requires notice, and must appear on the Orders and Notices paper by the first Sessional day of the first week to which the motion applies. The question on such a motion shall be put forthwith and without amendment or debate. If a recorded vote is requested by 5 members, the division bells shall be limited to 15 minutes.

(a) Whenever the House stands adjourned, if the government advises the Speaker that the public interest requires the House to meet at an earlier time, the Speaker shall give notice that the House shall meet at such time, and thereupon the House shall meet to transact its business as if it had been duly adjourned to that time and the period referred to in sub- clause 6(a)(i) or (ii) had been extended accordingly.

(e) If on Thursday morning the House is adjourned for lack of a quorum during the consideration of private members' public business, it shall stand adjourned until 1:30 p.m. of the same day.

(b.1) The Speaker may rule on a point of privilege or point of order when it is raised without allowing any discussion apart from the member raising the point.

(b.2) A member raising a point of order or point of privilege, and any member permitted by the Speaker to speak to it, must put the point tersely and speak only to the point raised. A point of order or privilege is heard in silence by the House.

15. (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.

(b) When a member is named by the Speaker, if the offence is a minor one, the Speaker may order the member to withdraw for the balance of the Sessional day; but if the matter appears to the Speaker to be of a more serious nature, the Speaker shall put the question on the motion being made, no amendment, adjournment or debate being allowed, "that such member be suspended from the service of the House", such suspension being for any time stated in the motion not exceeding 8 Sessional days.

(c) If any member on being named and directed to withdraw from the House refuses to obey the direction of the Speaker when summoned under the Speaker's Order by the Sergeant-at-Arms, the Speaker shall call to the attention of the House that force is necessary in order to compel obedience and such member shall thereupon, without motion, be suspended from the service of the House for the remainder of the Session.

(d) If a member suspended under clause (c) does not leave the House, the member's presence in the House shall not be recognised and the business of the House shall proceed as if the member had left.

16. (a) In the case of grave disorder in the House, the Speaker or the Chair may, if he or she thinks it necessary to do so and unless it would disadvantage a member who is not responsible for the disorder, adjourn the House or a Committee without motion, or suspend any meeting for a time to be named by him or her.

20. (a) Members shall remain in their places and refrain from interrupting the Speaker when he or she has risen to speak, make a ruling, or put a question to the House.

21. (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.

(b) Once the Speaker finds that a prima facie case of privilege exists it shall be taken into consideration immediately.

(c) Any Member proposing to raise a point of privilege, other than one arising out of proceedings in the chamber during the course of a Sessional day, shall give to the Speaker a written statement of the point at least one hour prior to raising the question in the House.

(d) The Speaker may rule that a prima facie case of privilege does not exist on the basis of the written statement referred to in clause (c) and, despite clause 13(b.1), may do so without allowing discussion from any member.

(b) When two or more members rise to speak, the Speaker shall call upon the member who, in the Speaker's opinion, rose first in his or her place.

(d) Subject to the Standing Orders and any other order of the House, nothing prevents the Speaker or Chair of the Committee of the Whole House from recognizing an independent member to speak.

24. (a) Except where otherwise expressly provided by the Standing Orders or by unanimous consent of a Committee, no member shall speak in the House or Committee for more than 20 minutes.

(b) Notwithstanding clause (a), the first speaker for any recognized Party in the House may speak for not more than 40 minutes in the following circumstances:

(c) Notwithstanding clause (a) no member shall speak for more than 10 minutes after 5 hours of debate on second or third reading of a government bill.

25. (a) Following the speech of each member, a period not exceeding 10 minutes shall be made available, if required, to allow members to ask questions and comment briefly on matters relevant to the matters before the House and to allow responses thereto, in the following circumstances:

(b) In asking a question or making a comment with respect to the matters set out in clause (a), no member shall speak for more than 2 minutes. Two minutes shall be reserved for the reply of the member originally speaking.

28. (a) When a voice vote has been taken on any question, a division may be required by 5 members standing in their places.

(b) When members have been called in for a division, there shall be no further debate.

(c) When the members have been called in, the Speaker shall again put the question and, subject to Standing Order 12, every member present at that time who wishes to vote shall rise and record his or her vote.

(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. An abstention shall not be entered in the Votes and Proceedings or Journals.

(e) The names of the members voting on each side of the question shall be entered in the Votes and Proceedings and the Journals, except on dilatory motions when the numbers only shall be entered.

(f) Immediately after the vote, the pairs, if any, shall be declared and shall be entered in the Votes and Proceedings and the Journals.

(g) Except as otherwise provided in the Standing Orders, the division bells shall be limited to 30 minutes.

(h) Except where a Standing Order or other order fixes the time of the vote, a vote may be deferred at the request of any Chief Whip of a recognized Party in the House. The Speaker shall then defer the taking of the vote to the next Sessional day during the routine proceeding "Deferred Votes" at which time the bells shall be rung for 5 minutes.

(i) Divisions requested on motions to adjourn the House or the debate, that the Chair of a Committee of the Whole House report progress and ask for leave to meet again or leave the chair, and for closure shall not be deferred.

(j) Notwithstanding Standing Order 30(b), the Speaker shall put every question on the deferred votes.

30. (a) The routine proceedings before the Orders of the Day are as follows:

(b) At 4:00 p.m. on any day on which the House has not commenced Orders of the Day, the Speaker shall interrupt the proceedings and shall put every question necessary to dispose of the Routine Proceeding currently occupying the House and immediately call Orders of the Day.

(d) The Speaker has the discretion to permit an independent member to make a statement for no longer than one and one-half minutes. In exercising his or her discretion, the Speaker shall have regard to the opportunities that members of recognized parties have to make such statements. An independent member shall notify the Speaker of his or her intention to make a statement.

(j) The Speaker has the discretion to permit an independent member to place an oral question and one supplementary question during Oral Question Period. In exercising his or her discretion, the Speaker shall have regard to the opportunities that members of recognized parties - other than the Leaders of Opposition Parties or members who place questions instead of the Leaders - have to place such questions. An independent member shall notify the Speaker of his or her intention to place a question.

(f) When the House continues to meet past 6:00 p.m. on a government motion as provided in Standing Order 9, except a motion under clause 9(c), the adjournment proceeding under this Standing Order shall not apply.

(f.1) If the House is scheduled to meet again at 6:30 p.m. of the same calendar day and the debate under this Standing Order has not been completed by 6:25 p.m., the Speaker shall immediately interrupt the adjournment proceeding, deem the motion to adjourn to be carried, and adjourn the House to the next Sessional day.

35. Under the proceeding "Motions", the Government House Leader may move routine motions that are part of the technical procedure of the House, including motions under Standing Order 9 and other motions for times of meeting and adjournment of the House, and motions for changes in membership of committees and similar non-substantive matters. Except as provided by clause 9(c.2), these routine motions do not require notice.

(h) Within 24 Sessional days of its presentation, excluding Sessional days pursuant to clause 9(c), the government shall file a response to a petition with the Clerk of the House and shall provide a copy of the response to the member who presented the petition.

(a) The report of a standing or select committee on any bill shall be taken into consideration immediately and the Speaker shall put the question on the motion for the adoption of the report forthwith, which question shall be decided without amendment or debate. If a recorded vote is requested, the division bells shall be limited to 5 minutes.

(g) No introduction of a single bill shall last more than 5 minutes.

(g) Debate on a motion shall be limited to one Sessional day. At 6:00 p.m. on that day, the Speaker shall interrupt the proceedings and shall put the question without debate. If a recorded vote is requested, the division bells shall be limited to 5 minutes.

(b) Debate on a motion under clause (a) shall be at a time allotted by agreement of the House Leaders and restricted to one Sessional day. At 6:00 p.m. on that day, the Speaker shall interrupt the proceedings and put the question without further debate.

(d) The Speaker or Chair shall rule out of order any motion or amendment that he or she considers to be frivolous, vexatious, for purposes of delay or contrary to the Standing Orders or precedents.

(b) At 6:00 p.m. or at 9:15 p.m., as the case may be, after the time allocation motion has been called as the first Government Order of the Sessional day the Speaker shall without further debate or amendment put every question necessary to dispose of the motion. If a recorded vote is requested by 5 members, division bells shall be limited to 5 minutes.

(c) A time allocation motion may not be moved until second reading debate has been completed or three Sessional days of debate have taken place on second reading consideration of any government bill or on a substantive government motion when that government bill or substantive motion has been called as the first Government Order of the Day on each of the Sessional days.

(d) A time allocation motion may not be moved on the same calendar day that any of the bills that are the subject of the motion has been called as a Government order.

55. Before the adjournment of the House on each Thursday during the Session, the Government House Leader may announce the business for the following week.

(b) There shall be 4 Sessional days allotted to the debate on the Budget Motion and any amendments thereto. At 5:45 p.m. or at 9:15 p.m., as the case may be, on the third Sessional day of debate, the Speaker shall without further debate or amendment put every question necessary to dispose of the Budget Motion. If a recorded vote is requested by 5 members, division bells shall be limited to 15 minutes.

58. All main Estimates shall be presented to the House after completion of the Budget debate but not later than 12 Sessional days following the presentation of the Budget and shall be deemed to be referred to the Standing Committee on Estimates.

(c) There shall be an Order for Concurrence placed on the Orders and Notices paper for each of the Estimates reported from the Committee. At 5:45 p.m. or 9:15 p.m., as the case may be, on the Sessional Day during which debate on the Orders for Concurrence commences as the first Government Order of the Day, or after three hours of debate on the Orders for Concurrence if the debate did not commence as the first Government Order of the Day, 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. No amendment to any question may be moved. If a recorded vote is requested by five members, all divisions shall be stacked, and there shall be a single 15 minute division bell. Debate shall be in the House with the Speaker in the chair and subject to the usual Standing Orders.

(b) When the debate on the interim supply motion is complete, or at 5:45 p.m or 9:15 p.m., as the case may be, on the Sessional day during which debate on the interim supply motion commences as the first Government Order of the Day, whichever is earlier, the Speaker shall without further debate or amendment put every question necessary to dispose of the motion. If a recorded vote is requested by 5 members, the division bells shall be limited to 15 minutes.

(b) The Chair of a Committee, including the Chair of Committee of the Whole, shall rule out of order any amendment that he or she considers to be frivolous, vexatious, for purposes of delay or contrary to the Standing Orders or Precedents.

(c) The Chair of a Committee, including the Chair of Committee of the Whole, may group the votes on amendments appropriately grouped together, select the order in which amendments are to be voted, dispense with the reading of an amendment provided that the text of the amendment is available to members and members are informed of what amendment is before them, select from among duplicative amendments those which shall be voted and those which shall not, or take such other steps as he or she considers necessary to facilitate the committee's consideration and disposition of multiple amendments.

(d) The Chair of a Committee, including the Chair of Committee of the Whole may establish deadlines for tabling amendments or for filing them with the Committee Clerk.

(a) Bills reported from Committee of the Whole House shall stand ordered for third reading. Bills reported from standing or select committees shall be ordered for third reading unless the Minister or Parliamentary Assistant directs that it be referred to Committee of the Whole House.

(iv) The Speaker has the discretion to permit an independent member to speak for up to five minutes on the motion of another private member. In exercising his or her discretion, the Speaker shall have regard to the opportunities that members of recognized Parties have to participate in debate on other members' motions. An independent member shall give the Speaker notice of his or her intention to participate in the debate.

(d) The order for consideration of the items of business shall be determined by a ballot conducted by the Clerk prior to or at the commencement of each Session. All private members, including independent members, may enter their names for the draw, and names shall be drawn from a single box.

(d) The minister shall answer such written questions within 24 Sessional days, excluding Sessional days pursuant to clause 9(c), 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 Orders and Notices paper following the question indicating that the minister has made an interim answer, the approximate date that the information will be available, or that the minister has declined to answer, as the case may be.

(g) No Member shall have more than 10 questions on the Order Paper at any one time.

(g) Standing Committee on Government Agencies which is empowered to review and report to the House its observations, opinions and recommendations on the operation of all agencies, boards and commissions to which the Lieutenant Government in Council makes some or all of the appointments, and all corporations to which the Crown in right of Ontario is a majority shareholder, such reviews to be made with a view to reducing possible redundancy and overlapping, improving the accountability of agencies, rationalizing the functions of the agencies, identifying those agencies or parts of agencies which could be subject to sunset provisions, and revising the mandates and roles of agencies, and to review the intended appointments of persons to agencies, boards and commissions and of directors to corporations in which the Crown in right of Ontario is a majority shareholder (excluding re-appointments, appointments for a term of one year or less, and appointments of persons who are public servants under the Public Service Act who remain public servants after their appointments) according to the following procedures:

(a) Subject to clauses (a.1) and (a.2), no standing or select committee shall consist of more than 9 members and the membership of such committees shall be in proportion to the representation of the recognized Parties in the House.

(a.1) An independent member shall be appointed to at least one standing committee. An independent member may state his or her committee preference to the House Leaders but such statement of preference is not binding. Unless the House decides otherwise, no standing committee shall include more than one independent member.

(a.2) The appointment of an independent member to a standing committee shall be in addition to the members of recognized Parties referred to in clause (a), and for this purpose the committee may consist of up to 10 members. Further, a recognized Party with a majority of seats in the House is entitled to an additional member of the committee to which an independent member is appointed, and in this case the committee may consist of up to 11 members.

(b) When two Sessional days occur on the same calendar day, a single Orders and Notices paper may be printed for both.

XXIV. OTHER

(c.2) The House may sit outside the hours provided in clauses (a) and (c) on the passage of a government motion for that purpose.

Such a motion requires notice, as follows:

The question on such a motion shall be put forthwith without amendment or debate. If a recorded vote is requested by 5 members, the division bells shall be limited to 15 minutes.

(d) Notwithstanding clause (b), the Whip of a Party may indicate to the Speaker at any time during a debate governed by this Standing Order that one or more of the periods of debate limited pursuant to clause (b) of this Standing Order allotted to Members of his or her party are to be divided in two or more parts. Such speeches shall be given consecutively without rotation among the parties and shall be deemed to be a single speech for the purposes of Standing Order 25.

(d) No bill shall be considered in any standing or select committee while any matter relating to the same policy field is being considered in the House.

AYES / POUR - 51

AYES / POUR - Continued

NAYS / CONTRE - 32

le président

Christopher M. Stockwell

Speaker

(Tabled June 24, 1997) Mr A. McLean.