The Senate Explained
What’s so special about a standing vote? Have you ever heard of a Senate public bill? Why is the word “stand” called out during Senate sittings?
Senate procedure can sometimes seem a little bit intimidating, but fear not — the videos below provide a parliamentary primer on the Red Chamber so you can understand exactly what’s going on.
Choose a specific video:
- Committee of the Whole
- Emergency Debates
- First Reading
- Government Business
- Leave of the Senate
- Not Seeing the Clock
- On Division
- Other Business
- Point of Order
- Prorogation
- Question
- Question Period
- Royal-Assent
- Second Reading
- Senate Public Bills
- Senators' Statements
- Stand
- Standing Votes
- The Speaker of the Senate
- Third Reading
- Time allocation
- Voice Votes
- What happens when a bill goes to committee?
Committee of the Whole
The entire Senate sits as a committee so that all senators can participate in the study of urgent legislation, hear from people nominated for senior public positions (like the Commissioner of Official Languages) or hear testimony from a minister or expert witness.
Emergency Debates
Any senator may raise a matter of urgent public interest by requesting an emergency debate.
If the Speaker of the Senate determines that certain criteria have been met, the debate takes place later in the sitting. It can last a maximum of four hours and senators may speak only once.
First Reading
Bills must be read three times in the Senate to become law.
At first reading, the Senate receives a bill without any debate. It’s an official FYI that a bill has been proposed and that senators should prepare to study it.
Government Business
Government Business includes bills, motions and inquiries initiated by the government. Government business has priority in the Senate.
Government business generally originates in the House of Commons but most government legislation can start in the Senate as well.
Leave of the Senate
The Senate sometimes chooses to suspend or modify provisions of its Rules to allow something that would otherwise not be permissible. For instance, the Senate may agree to waive the usual notice period in order to expedite an item of business or extend the speaking time granted to a senator during debate. Such actions can occur without notice if no senator raises an objection when the request is made. This agreement is referred to as “leave of the Senate.”
When a request for leave is made, the Speaker asks all senators present if leave is granted. If even one senator is heard to object, leave is not granted and the Rules and normal practices must be observed. If no senator is heard to object, leave is granted.
Source: Procedural Note No. 14
Not seeing the clock
If the Senate is still sitting at 7 p.m., the Speaker may say: “Honourable Senators, is it agreed that we not see the clock?”
That’s because the Rules of the Senate in most cases require the Senate to suspend between 6 p.m. and 8 p.m. — but if senators unanimously agree not to see the clock, then the sitting continues without interruption.
On Division
Sometimes senators want to show a Senate decision is not unanimous without holding a voice vote or a standing vote. In these cases, they can call out “on division” when the Speaker puts the question.
When this occurs, the question is recorded in the Journals of the Senate as being adopted or defeated “on division,” i.e., without unanimous support. The Journals do not record which senators were for or against the question.
Other Business
All items before the Senate that are not government business are considered “other business.”
This includes legislation proposed by individual senators (Senate public bills) and legislation proposed by individual members of the House of Commons (private members’ bills).
Point of Order
A point of order is a complaint or question raised by a senator who believes the rules, practices or procedures of the Senate have been incorrectly applied or overlooked during the proceedings, either in the chamber or in committee. Any senator is entitled to raise a point of order to ensure that the Rules of the Senate and accepted Senate procedures are followed.
To do so, a senator rises while saying “Point of order” to attract the Speaker’s attention and, once recognized by the Speaker, explains how proper procedure has not been followed. The senator may also suggest a remedy. The Speaker will usually allow other senators to express their views before making a ruling on whether the point of order is valid or not.
Source: Procedural Note No. 11
Prorogation
Prorogation ends a session of Parliament.
Upon prorogation, all bills that were before the Senate and the House of Commons cease to exist, although they can be reintroduced during future sessions of Parliament. Most committees are also dissolved; a special few may continue to operate under what is called “intersessional authority.”
Parliament is prorogued by the governor general, acting on the advice of the prime minister.
Question
In most situations, a question is a proposal made by a senator that requires the Senate to make a decision — for example, that a bill be adopted.
A question can be adopted or defeated.
Question Period
Senators may ask the Leader of the Government in the Senate (Government Representative) about matters relating to public affairs, or committee chairs about committee activities.
Federal government cabinet ministers may also be invited to answer questions related to their ministerial responsibilities.
Royal Assent
Once passed by the Senate and the House of Commons in identical form, a bill becomes law when the King or a deputy gives royal assent in the King’s name.
This takes place during a ceremony in the Senate Chamber, or through a written declaration that is communicated to both Houses of Parliament.
Second Reading
Bills must be read three times in the Senate to become law.
At second reading, senators debate the principle of the bill, but no amendments can be proposed. If a bill passes second reading, it usually goes to committee for further study.
Senate Public Bills
Senators can introduce their own bills on subjects that are important to the people they represent.
Senate public bills can have an easier time going through the legislative process than House of Commons private member’s bills. This makes it simpler for individual senators to introduce laws to help improve Canadians’ lives.
Senators’ Statements
For 15 minutes at the beginning of each sitting day, senators make remarks on matters of public interest that are not on the current Senate agenda.
These statements can highlight community events, the accomplishments of someone in the senator’s region or an issue that is important to them.
Stand
Every item on the Order Paper and Notice Paper is called during a typical sitting of the Senate; generally, any senator can engage in debate without notice when the item is called.
If no senator wishes to speak about a given item, the word “stand” is called out. If there is no objection, the next item of business is then called.
Standing Votes
At the start of a standing vote, senators who are voting yes stand to show their support and their names are read out.
Senators voting no then rise, followed by senators who wish to abstain.
The Speaker then announces whether the question has been adopted or defeated. A tie vote means the question is defeated.
The Speaker of the Senate
In any legislative chamber, a presiding officer is required to facilitate the conduct of business and maintain order. This is done through the administration of the chamber’s rules and practices. In the Senate, the Speaker is responsible for guiding proceedings and preserving order and decorum during sittings.
One of the Speaker’s key responsibilities is presiding over debate in the Senate. A senator wishing to speak must be recognized by the Speaker. The Speaker also has the duty to ensure that every senator who wishes to speak in a debate or adjourn the debate has the opportunity to do so before the right of final reply is exercised or the question put.
The Speaker has a deliberative vote and may vote on all questions before the Senate. When the Speaker chooses to vote in favour or against a motion, he or she does so before the names of the other senators voting the same way are called out. In no case can the Speaker break a tie vote.
The Speaker of the Senate is appointed by the Governor General on the advice of the Prime Minister.
Source: Procedural Note No. 9
Third Reading
Bills must be read three times in the Senate to become law.
At third reading, senators debate the bill and propose amendments. Once adopted, it goes to the House of Commons. If the House has already passed the bill, it can receive Royal Assent and become law.
Time allocation
Time allocation establishes a limit on the time for debate on an item of Government Business. Only the government can propose time allocation, and only for its own business.
Time allocation does not bring debate to an immediate close; rather it provides a means for the government to propose to the Senate that a decision be taken on a particular stage of an item of its business within a determined period of time. Time allocation is primarily used to limit time spent on government bills, although it can also be applied to motions and other items of Government Business on the Order Paper.
Source: Procedural Note No. 7
Voice Votes
When senators are ready to vote on a question, the Speaker asks those in favour to say “Yea!” and those opposed to say “Nay!”
The Speaker decides which side has the most support. But if two senators rise, a standing vote will take place, where senators vote one by one.
What happens when a bill goes to committee?
A bill goes to committee so it can be carefully studied by a small group of senators who make sure they understand exactly what the bill will do.
If they think it can be improved — or if they find mistakes — they can propose amendments to change the bill.
As people of accomplishment, senators use their own expertise to assess bills. But they also have help from people called witnesses, who are generally experts or people who stand to be affected by the bill.
What are witnesses doing?
Witnesses attend committee meetings, make presentations and answer senators’ questions. Witnesses can also submit written materials, called briefs.
Once the committee has gathered its evidence, it reviews every line of the bill in what’s called clause-by-clause study. Committee members can propose amendments at this stage.
The committee then prepares a report on the bill that sets out any amendments it has made, any observations the committee might want to include, or that simply says the committee is making no changes to the bill.
(The committee can also recommend that the bill not be proceeded with, but this is rare.)
Finally, the report goes to the Senate for a vote. If it is adopted, debate at third reading can begin. If it is rejected, the bill is defeated. But if the report contains amendments and is voted down in the Senate, the bill simply proceeds to debate at third reading without the committee’s amendments.