Tuesday, February 7, 2023

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

FOURTH REPORT

Pursuant to rule 12-7(2)(a), your committee recommends that the Rules of the Senate be amended by:

1.adding the following new rule immediately after current rule 1-1(2):

“Accessibility

1-1. (3) If a provision of these Rules or a practice of the Senate constitutes a barrier to a senator’s full and equal participation in proceedings solely due to a disability, as defined in the Accessible Canada Act, the Speaker, or the chair of a committee, may authorize reasonable adjustments to the application of the rule or practice.”;

2.replacing rule 2-8 by the following:

“Disruption during sitting

2-8. When the Senate is sitting, it is not permitted:

(a) for Senators to engage in private conversations inside the bar, and if they do, the Speaker shall order them to go outside the bar; and

(b) to use an electronic device that produces any sound in any part of the chamber, including the public galleries, unless the device is used as a hearing aid.”;

3.replacing rule 5-1 of the English version by the following:

“Notice given orally and in writing

5-1. A Senator who wishes to move a substantive motion or initiate an inquiry shall prepare a written notice and read it aloud during Routine Proceedings. The Senator shall then sign the notice and send it immediately to the Clerk at the table, who shall cause it to appear on the Order Paper and Notice Paper.”;

4.replacing rule 5-5 by the following:

“One day’s notice for certain motions

5-5. Except as otherwise provided, one day’s notice is required for any motion, including the following motions:

(a) to suspend a rule or part of a rule;

(b) for the third reading of a bill;

(c) to appoint a standing committee;

(d) to refer the subject matter of a bill to a standing or special committee;

(e) to instruct a committee;

(f) to adopt a report of a standing committee or the Committee of Selection;

(g) to adjourn the Senate to other than the next sitting day;

(h) to correct irregularities in an order, resolution or vote;

(i) to rescind a leave of absence or suspension ordered by the Senate; or

(j) to consider a message from the House of Commons not related to a Commons amendment to a public bill; or

(k) any other substantive motion.

EXCEPTIONS

Rule 5-6(1): Two days’ notice for certain motions

Rule 5-7: No notice required

Rule 5-12: No motions on resolved questions, five days’ notice for rescission

Rule 8-1(2): Giving notice for emergency debate

Rule 12-32(1): No notice required for Committee of the Whole

Rule 13-3(1): Written notice of question of privilege Rule 13-4: Question of privilege without notice”;

5.replacing rule 10-3 by the following:

“Introduction, first reading and publishing

10-3. The introduction and first reading of a bill are decided without debate or vote. Immediately after the first reading, the bill shall be published.”;

6.replacing rule 10-10 by the following:

“Non-substantive corrections to a bill

10-10. (1) The Law Clerk may, as required at any stage in the legislative process, make minor non-substantive corrections to a bill, including corrections to:

(a) remove technical, typographical, grammatical or punctuation errors;

(b) modify the table of provisions, the summary or the marginal notes to take into account substantive amendments made to the bill during the legislative process;

(c) renumber provisions as a consequence of amendments made to the bill during the legislative process;

(d) update cross-references as a consequence of corrections made under paragraphs (a) or (c);

(e) modify, add or remove headings as a consequence of amendments made to the bill during the legislative process, to ensure that the headings correspond with the provisions that follow them; and

(f) revise or remove coordinating amendments as a consequence of the enactment of any provision referred to in those amendments.

Report of corrections

10-10. (2) At the request of the Clerk, the Law Clerk shall report any corrections made under subsection (1) to the Clerk.”;

7.replacing rule 11-3(1) by the following:

“Appointment of Examiner

11-3. (1) The Clerk Assistant of Committees, or another official designated by the Clerk of the Senate, shall be the Examiner of Petitions for Private Bills.”;

8.deleting rule 11-4 and renumbering current rules 11-5 to 11-18 accordingly;

9.deleting rule 12-21 and renumbering current rules 12-22 to 12-33 accordingly;

10.replacing rule 12-22(6) of the French version with the following:

« Débat sur un rapport déposé

12-22. (6) Lorsqu’une motion portant adoption d’un rapport déposé est présentée après que le débat sur celui-ci a débuté, les sénateurs qui ont pris la parole dans ce débat sur le rapport obtiennent un temps de parole d’une durée maximale de cinq minutes dans le débat sur la motion. »;

11.deleting rule 12-23(6);

12.replacing rule 12-25 by the following:

“Payment of witnesses’ expenses

12-25. The Clerk is authorized to pay witnesses invited or summoned before a Senate committee a reasonable sum for their living, travelling and such other expenses authorized by the Standing Committee on Internal Economy, Budgets and Administration, upon the certificate of the clerk of the committee.”;

13.deleting rules 12-26(2) to 12-26(4) and renumbering current rule 12-26(1) as 12-26;

14.replacing rule 14-1(6) by the following:

“Tabling through the Clerk

14-1. (6) Except as otherwise provided, when there is a requirement that a return, report or other paper be laid before the Senate, the document may be deposited with the Clerk, in either print or electronic form, and it shall then be considered tabled in the Senate.

EXCEPTIONS

Rule 15-1(2): Failure to attend two sessions

Rule 15-6(2): Tabling of declarations by Clerk”;

15.replacing the definition of “Committee of Selection” in Appendix I by the following:

“(a) Committee of Selection: A Senate committee appointed at the beginning of each session to nominate Senators to serve on the standing committees and the standing joint committees. (Comité de sélection)”;

16.adding, in alphabetical order, the following new definition in Appendix I:

“Law Clerk

The Law Clerk and Parliamentary Counsel of the Senate as appointed by resolution of the Senate. (Légiste)”; and

17.updating all cross references in the Rules, including the lists of exceptions, accordingly.

Respectfully submitted,