Government motion 10

42nd Parliament, 2nd Session

Motion moved by Paul Calandra on March 1, 2022

That the Standing Orders of the Legislative Assembly of Ontario be amended as follows: Standing Order 7(a) is amended by deleting sub-clause (i) and substituting the following: (i) In a Spring Meeting Period from the Tuesday following Family Day to the first Thursday in June, except that when an election is to be held pursuant to subsection 9(2) of the Election Act, the Spring Meeting Period shall end on the fifth Wednesday preceding the first Thursday in June. Standing Order 9 is amended as follows: 1. By adding “Introduction of Government Bills” after “Reports by Committees” in all instances where it appears. 2. By adding the following sub-clause: (g.1) No later than 12:00 noon on any Thursday that the House meets, the Government House Leader may indicate in the House, or may deposit written notice with the Clerk of the Assembly, that a temporary change in the weekly meeting schedule of the House is required, and in such case the House shall commence at 9:00 a.m. the next sitting Monday with the proceeding “Orders of the Day.”. Standing Order 12(b) is amended by deleting the number “5” and substituting the number “10” in both instances. Standing Order 27 is amended by deleting “to which less than 10 minutes is allotted” and substituting “of less than 10 minutes”. Standing Order 35(a) is amended by deleting “and points of order”. Standing Order 39(f) is deleted and the following substituted: (f) The period for “Introduction of Government Bills” and “Introduction of Bills” shall be limited to 30 minutes collectively. (f.1) Only government bills may be introduced during the proceeding “Introduction of Government Bills”. (f.2) Government bills may be introduced during the proceeding “Introduction of Bills”. Standing Order 61(a) is amended by deleting “Introduction of Bills” and substituting “Introduction of Government Bills”. Standing Order 62 is deleted and the following substituted: 62(a) When a Budget has been presented, the main Estimates shall be tabled in the House no more than 12 Sessional days later. During those 12 days the Budget debate shall be completed. If no Budget has been presented by the first Sessional day following Victoria Day, the main Estimates shall be tabled at the next available Sessional day. (b) Upon tabling, the Estimates shall be deemed to be referred to the Standing Committees to which the respective ministries and offices were assigned pursuant to Standing Order 114(b). (c) Notwithstanding clause (b), upon tabling, any Estimates or Supplementary Estimates approved by the Board of Internal Economy shall be deemed to be concurred in. Standing Order 63 is deleted and the following substituted: 63(a) The consideration of Estimates shall not take precedence over consideration of a Government Bill. (b)(i) The order of consideration of the Estimates of the ministries and offices referred to each committee shall be determined by selection of members of the Committee, such that the members of the Party forming the Official Opposition shall select first, followed by the members of the other recognized parties in decreasing order of their membership in the House, and the members of the Party forming the government shall select last. (ii) With each turn, the members of each Party may choose the Estimates of 1 ministry or office. (iii) If, when their turn to select occurs, the members of a Party decline to make a selection, the selection process proceeds to the next party in rotation as provided in sub-clause (i). (c) The Estimates of the ministries and offices shall be considered in the order in which they were selected. The Sub-committee on Committee Business of each committee may, by unanimous agreement, alter the order of consideration. (d) The time for the consideration of the Estimates of each ministry or office shall be determined by the respective committee. (e) No Estimates shall be considered in a Committee while any matter, including a procedural motion, relating to the same policy field is being considered in the House. Standing Order 64(a) is amended by deleting “the Standing Committee on Estimates” and substituting “each Committee”. Standing Order 65 is deleted and the following substituted: 65(a) Upon tabling, all Supplementary Estimates shall be deemed referred to the Standing Committee to which their ministry or office has been assigned pursuant to Standing Order 114(b). (b) Each Standing Committee shall consider Supplementary Estimates of the ministries and offices selected within the time allocated pursuant to Standing Order 63(d) for the consideration of the main Estimates. (c) All other Supplementary Estimates shall be reported back to the House. The report of each 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. Standing Order 66(a) is amended by deleting “The Standing Committee on Estimates” and substituting “Each Standing Committee”. Standing Order 66(c) is amended by deleting all the words after “referred” and substituting “to the appropriate Committee as they are presented to the House, shall be deemed to be passed by that Committee and shall be deemed to be reported to and received by the House.” Standing Order 66(d) is deleted and the following substituted: (d) There shall be an Order for Concurrence placed on the Orders and Notices Paper for each of the Estimates reported from each Committee. 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 Committees’ reports. No amendment to any question may be moved. If a recorded vote is requested by 5 members, all divisions shall be stacked and disposed of in one single vote, and the division bell shall be limited to 10 minutes. Standing Order 67 is amended by adding “62,” after “Standing Orders”. Standing Order 68 is amended by deleting “Standing Committee on Estimates” and substituting “respective standing committees”. Standing Order 69(a) is deleted. Standing Order 85 is amended as follows: 1. By deleting sub-clause (b)(ii). 2. By deleting “Standing Committee on Regulations and Private Bills” wherever it appears and substituting “Standing Committee on Procedure and House Affairs”. 3. By deleting the word “when” in sub-clause (e)(v) and substituting “if”. Standing Order 86 is amended by deleting “the Legislative Assembly” and substituting “Procedure and House Affairs”. Standing Order 88 is amended by deleting “considered by the Standing Committee on Regulations and Private Bills” and substituting “given First Reading”. Standing Order 89 is amended by deleting clause (a) and substituting the following: (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. (a.1) 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. Standing Orders 89(d), 90(d), 91(e) and 92, respectively, are amended by deleting “Standing Committee on Regulations and Private Bills” wherever it appears and substituting “Standing Committee on Procedure and House Affairs”. Standing Orders 93 and 94 are deleted and the following substituted: 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. (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. 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(a.1) shall then apply. Standing Order 96 is deleted. Standing Order 101(a) is amended by adding at the beginning, “Except on the 12 Sessional days immediately following the Speech from the Throne,”. Standing Order 101(c) is amended by deleting “on the Thursday of the week preceding the week in which the item of business is to be considered” and substituting “8 Sessional days prior to the earlier of the two dates on the order of precedence determined in clause (b).”. Standing Order 101(e) is amended by deleting “appear on the Orders and Notices Paper 2 weeks” and substituting “be designated on the Orders and Notices Paper 8 Sessional days” and by adding at the end: In the event that a Member fails to designate business for consideration by this deadline, the first eligible public bill to appear on the Orders and Notices Paper standing in that Member’s name shall be designated for consideration. Should that Member have no public bills standing in their name then the first eligible motion to appear on the Orders and Notices Paper standing in that Member’s name shall be designated for consideration. Should that Member have no business standing in their name on the Orders and Notices Paper by this deadline, the Member shall lose their place in the order of precedence and the House shall not conduct a Private Members’ Public Business proceeding on that date. Standing Order 111(c) is deleted and the following substituted: Standing Committee on Heritage, Infrastructure and Cultural Policy. Standing Order 111(d) is amended by deleting “Estimates” and substituting “the Interior”. Standing Order 111(g) is amended by deleting “Standing Committee on the Legislative Assembly” at the beginning and substituting “Standing Committee on Procedure and House Affairs”, and by adding at the end “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.”. Standing Order 111(i) is deleted. Standing Order 114(a) is amended by deleting “Standing Orders 111(a), (b) and (c)” and substituting “Standing Orders 111(a), (b), (c), (d), (e) and (g)”. Standing Order 114(b) is amended by deleting “Standing Committee on the Legislative Assembly” and substituting “Standing Committee on Procedure and House Affairs” and by adding after the words “Standing Order” the words “and for the purpose of consideration of Estimates”. Standing Order 118 is amended by deleting “and Vice-Chair” and substituting “and Vice-Chair(s)”. Standing Order 119 is amended by deleting “and Vice-Chair” and substituting “and Vice-Chair(s)”. Standing Order 120(b) is amended by deleting “Standing Committee on Estimates” and substituting “Standing Committee on Procedure and House Affairs”. Standing Order 120 is amended by deleting clauses (d), (e), and (f) and substituting the following: (d) When there are two recognized Parties, where the Chair of a Standing Committee is a member of the Party forming the government, the Vice-Chair shall be a member of a recognized Party in opposition to the government or an independent member; and where the Chair is a member of a recognized Party in opposition to the government, the Vice-Chair shall be a member of the Party forming the government. (e) When there are three or more recognized Parties, there shall be 2 Vice-Chairs of each committee, chosen as follows: where the Chair of a Standing Committee is a member of the Party forming the government, the First Vice-Chair shall be a member of the Official Opposition and the Second Vice-Chair shall be a member of a recognized Party in opposition to the government other than the Official Opposition; and where the Chair is a member of the Official Opposition, the First Vice-Chair shall be a member of the Party forming the government and the Second Vice-Chair shall be a member of a recognized Party in opposition to the government other than the Official Opposition; and where the Chair of a Standing Committee is a member of a recognized Party in opposition to the government other than the Official Opposition, the First Vice-Chair shall be a member of the Party forming the government and the Second Vice-Chair shall be a member of the Party forming the Official Opposition. (f) Failing the appointment of a Vice-Chair, First Vice-Chair or Second Vice-Chair, as the case may be, pursuant to clauses (d) or (e), any other member of the Committee may be appointed. Standing Order 128 is amended by deleting “Vice-Chair” and substituting “Vice-Chair(s)”. Standing Order 129 (a) is amended by deleting “Standing Order 111(a), (b) or (c)” and substituting “Standing Orders 111(a), (b), (c), (d), (e) and (g)”. Standing Order 141(f) is amended by deleting “Standing Committee on Regulations and Private Bills” and substituting “Standing Committee on Procedure and House Affairs”; and That the Clerk is authorized to renumber the Standing Orders as required, and to make such other consequential, editorial or other minor changes as may be required to ensure a consistent form of expression throughout the Standing Orders; and That this motion comes into force on the sitting day after this motion is adopted, except: 1. Amendments to Standing Order 101 shall come into force on the eighth sitting day following the day this motion is adopted; and 2. Amendments to Standing Orders 62, 63, 64, 65, 66, 67, 68, 69, 85, 86, 88, 89, 90, 91, 92, 93, 94, 96, 111, 114, 118, 119, 120, 128, 129 and 141 shall come into force at the dissolution of the 42nd Parliament.

Amendment moved by Peggy Sattler on March 2, 2022

That the motion be amended by: 1. Adding the following amendment to Standing Order 3: The definition of a “substantive motion” in Standing Order 3 is amended by inserting “eight (8) Sessional days” after “require” in the second last sentence. 2. Deleting the amendment to Standing Order 63(d) and substituting the following: (d) The time for the consideration of the estimates of each ministry or office shall be determined by the members of the Committee who selected such Estimates for consideration, with a maximum of 15 hours allocated to the consideration of the Estimates of that ministry or office. 3. Adding the following amendment to Standing Order 73: Standing Order 73 is deleted and the following substituted: 73(a) Eight (8) Sessional days’ notice is required for motions for Second Reading of government bills and hoist motions. (b) One (1) Sessional day’s notice shall be required for motions for Third Reading of government bills and for a reasoned amendment to a motion for Second or Third Reading of a government bill. 4. Deleting the amendment to Standing Order 101(a) and substituting the following: Standing Order 101(a) is amended by adding at the beginning “Except on the 12 Sessional days immediately following the Speech from the Throne to open the first Session of a Parliament or four Sessional days immediately after any Speeches from the Throne following a prorogation of the House,”. 5. Deleting the amendment to Standing Order 101(c) and substituting the following: Standing Order 101(c) is deleted and the following substituted: Subject to clause (e), members may exchange places in the order of precedence on the ballot list by providing to the Clerk of the House written notice of their arrangement to this effect, such written notice to be duly signed by the House Leaders of the affected members and to be provided four (4) Sessional days prior to the earlier of the two dates on the order of precedence determined in clause (b). 6. Deleting the amendment to Standing Order 101(e) and substituting the following: Standing Order 101(e) is deleted and the following substituted: To be considered in private members’ time, the Order for Second Reading, or notice of a motion, must appear on the Orders and Notices Paper eight (8) Sessional days in advance of the date that is determined by the ballot conducted under clause (b).

Amendment to amendment moved by Michael Mantha on March 2, 2022 and closure carried on division on March 9, 2022

That the amendment be amended by: Deleting the number “15” in paragraph 2 and replacing with the number “12”.