Proceedings of the Standing Senate Committee on
Rules, Procedures and the Rights of Parliament

Issue 10 - Fifth Report

Wednesday, June 6, 2007

The Standing Committee on Rules, Procedures and the Rights of Parliament has the honour to present its

SIXTH REPORT

Pursuant to Rule 86(1)(f)(i), your Committee is pleased to report as follows:

The issue of the reinstatement of bills from the previous session of the same Parliament has been raised in the Senate on a number of occasions in recent years. The Senate does not currently have any provision in its Rules dealing with the reinstatement of bills following a prorogation. As a result, some bills, particularly non- government bills, have been reintroduced and debated or studied in a number of successive sessions.

Since 1998 the House of Commons has provided for the reinstatement of non-government bills from the previous session in the same Parliament. Provision was originally made that an item of Private Members' Business would be reinstated at the request of the Member in question, although it is now automatic. Non- government public bills originating in the Senate can also be reinstated in the Commons at the same stage they had reached during the prior session if such bills are re-introduced in the House of Commons within the first 60 sitting days of the session, after being passed again by the Senate, and the Speaker of the House of Commons is satisfied that the bills are in the same form as they were at the time of prorogation. In the case of government bills from the Commons, reinstatement is not automatic, but may be effected by passing a motion to that effect. From time to time, the government has proposed a general motion in a second or subsequent session of Parliament allowing it to reinstate bills if certain conditions are met.

3. A review of reinstatement in provincial and territorial legislatures indicates that there is a range of practice on this matter. In nine of the 13 legislatures, there does not appear to be a practice of reinstating bills. In Alberta, the Standing Orders provide that a government bill can be reinstated on motion in a new session of the same Legislature. In Manitoba, on the other hand, reinstatement is by way of ad hoc motions in a new session. In Ontario, provision for carry-over of bills has sometimes been made at the end of one session and sometimes at the beginning of a new session in the same Legislature. Finally, in Quebec, reinstatement of bills in a new session of the same Legislature is made by a motion of the Government House Leader in the first three sitting days after debate on the opening speech.

4. Both the House of Lords and the House of Commons in the United Kingdom provide for the reinstatement or carry-over of bills between sessions of the same Parliament. In the House of Lords, this is restricted to bills that have not yet left the House, and is based on ad hoc motions after informal consultations. In the House of Commons, measures were established in 2002 to allow for the reinstatement of bills. One reason for this change was to avoid duplication of work. It is also felt that it results in legislation being reviewed in a less rushed environment with a longer time perspective, allowing for more thorough scrutiny.

5. It must be noted that in no case does reinstatement apply between Parliaments.

6. The Senate and individual senators have no control over when prorogation occurs. Unlike other legislative bodies, the Canadian Parliament does not have annual sessions. Given the length of time that bills often take to work their way through the legislative process, and the time and energy that can be invested in the consideration of bills, the concept of reinstatement has merit.

7. At the same time, your Committee believes strongly that no reinstatement provision should be automatic. Each proposal to reinstate a bill must be considered separately, on its own merits. Your Committee is also of the view that it is appropriate for the Speaker to review a bill whose reinstatement is proposed, in order to ensure that it is indeed in the same form as a bill from the previous session. Your Committee further believes that it should be available for all bills: government bills, senators' public bills and private bills originating in the Senate, as well as for government and private members' bills from the House of Commons. In no case, however, should third reading of any bill in the Senate be dispensed with in the new session.

Your Committee recommends that the Rules of the Senate be amended as follows:

(1) That the following new rule 80.1 be added after current rule 80:

Reinstatement of a bill from the previous session

80.1. (1) A public or private bill may be reinstated from the previous session only pursuant to this rule.

Senate bill

(2) During the first twenty-one sitting days of the second or subsequent session of a Parliament, a Senator may, upon presenting a bill which is then read a first time, immediately advise the Senate that it is in the same form as a Senate bill when introduced during the preceding session.

Commons bill

(3) During the first thirty sitting days of the second or subsequent session of a Parliament, a Senator may, immediately following receipt by the Senate of a message from the House of Commons with a bill which is then read a first time, advise the Senate that it is in the same form as a Commons bill when received by the Senate during the preceding session.

Notice of motion to reinstate a bill

(4) After advising the Senate either under subsection (2) or (3), the Senator shall then immediately give notice of a motion that the bill be reinstated.

Definition of ``same form''

(5) For the purposes of this rule, a bill shall be considered to be in the same form only if the text of the following elements are identical to those in the version as introduced during the preceding session: title, preamble, clauses, schedules, headings, marginal notes, summary, and Royal Recommendation.

Tabling text of committee amendments

(6) If, under paragraph (13)(c), the reinstatement of a bill would require consideration of amendments recommended by a committee during the previous session, the Senator shall, when giving notice of a motion to reinstate, lay upon the Table the text of the amendments proposed in that report.

Tabling list of amendments

(7) If, under paragraph (13)(e), the reinstatement of a bill would result in amendments from the preceding session being deemed made to the bill, the Senator shall, when giving notice of a motion to reinstate, lay upon the Table a list of the amendments that will be incorporated into the bill if the motion is adopted.

Reinstatement of a government bill

(8) A bill that was a government bill during the preceding session shall only be reinstated if it is again introduced as a government bill.

Reinstatement of a Senate public or private bill

(9) Only the Senator who presented a Senate public or private bill during the preceding session may act under subsection (2). If, however, the Senator who introduced the original bill is Speaker, is a Minister of the Crown, is Deputy Leader of the Government in the Senate, is retired, is deceased, or has resigned, any Senator may act under subsection (2).

Reinstatement of a private bill

(10) For greater certainty, a private bill may be reinstated only if, pursuant to rule 109, the presentation and first reading are preceded by a favourable report on the petition.

Speaker to advise Senate that bill is in same form

(11) A motion to reinstate a bill shall not be moved until the Speaker has advised the Senate that the bill is in the form described in subsection (2) or (3), as the case may be. If documents relating to the bill must be tabled under either subsection (6) or (7), the Speaker shall also advise the Senate whether the documents tabled are accurate. If the Speaker advises the Senate that any of these requirements have not been met, the notice of motion to reinstate the bill shall be withdrawn and the Speaker shall forthwith ask when the bill shall be read a second time.

Delayed application of rule 27(3)

(12) Rule 27(3) shall not apply to a notice of motion to reinstate a bill until after the Speaker has advised the Senate pursuant to subsection (11).

Procedures for consideration and effect of motion

(13) A motion to reinstate a bill shall be deemed a substantive motion, but shall not be amendable, except as provided in paragraph (b). The motion may be debated for no more than two hours. The Speaker shall put all questions necessary to dispose of the motion no later than the fourth sitting day the order for resuming debate is called. If the motion is negatived, the Speaker shall forthwith ask when the bill shall be read a second time. If the motion is adopted, the bill shall be dealt with as follows:

Second reading

(a) If the original bill was under consideration at second reading in the preceding session, the reinstated bill shall be placed on the Orders of the Day for second reading at the next sitting.

Committee study

(b) If the original bill was before a standing committee in the preceding session, the reinstated bill shall be referred to the same committee. If the original bill was before a special committee, the motion to reinstate the bill shall specify a committee to which it shall be referred and, in this case only, the motion may be amended to specify a different committee. In either case, the papers and evidence received and taken and the work accomplished on the original bill in committee are deemed referred to the committee during the current session.

Report stage

(c) If a committee report recommending one or more amendments to the original bill was before the Senate in the preceding session, the amendments recommended by the committee shall be deemed to have been presented to the Senate and shall be placed on the Orders of the Day under Reports of Committees for consideration at the next sitting.

Third reading

(d) If the original bill was under consideration at third reading in the preceding session, or if the original bill was adopted at third reading and passed by the Senate without amendment, the reinstated bill shall be placed on the Orders of the Day for third reading at the next sitting.

Amendments from preceding session deemed made to bill

(e) If, in the preceding session,

(i) a report recommending one or more amendments to the original bill was adopted, or

(ii) the original bill was adopted at third reading and passed by the Senate with one or more amendments,

the amendments shall be deemed to have been approved by the Senate upon the adoption of the motion for reinstatement, and the reinstated bill, as amended, shall be placed on the Orders of the Day for third reading at the next sitting. In no other case shall an amendment from the preceding session be deemed made to the bill upon adoption of the motion to reinstate. Notwithstanding any other rule or practice, an amendment to the bill that is deemed to have been approved by the Senate under this paragraph may be amended or deleted during the course of subsequent proceedings on the reinstated bill during the current session.

Bills negatived during the preceding session

(14) A bill that was negatived by the Senate at any stage in the preceding session shall not be reinstated.

(2) That the following consequential changes be made to rule 58:

(a) Delete ``and'' at end of paragraph 58(1)(i);

(b) Change current paragraph 58(1)(j) to 58(1)(k); and

(c) Insert new paragraph: ``(j) for the reinstatement of a public or private bill under rule 80.1; and''.

Respectfully submitted,

WILBERT J. KEON

Chair