Proceedings of the Committee on
Rules, Procedures and the Rights of Parliament
Issue 3 - Order of Reference
Extract from the Journals of the Senate, Thursday, November 7, 2002:
Resuming debate on the motion of the Honourable Senator Day, seconded by the Honourable Senator Baker:
That the Standing Senate Committee on National Security and Defence be authorized to adjourn from place to place within and outside Canada for the purpose of pursuing its study.
After debate,
In amendment, the Honourable Senator Carstairs, P.C., moved, seconded by the Honourable Senator Robichaud, P.C., that the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
After debate,
In amendment, the Honourable Senator Kinsella moved, seconded by the Honourable Senator Stratton, that the motion in amendment be amended by adding the words: ``That the Committee report back to the Senate on this matter no later than November 21, 2002.''
The question being put on the sub-amendment, it was adopted.
The question was then put on the motion in amendment, as amended, of the Honourable Senator Carstairs, P.C., seconded by the Honourable Senator Robichaud, P.C., that the question be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
That the Committee report back to the Senate on this matter no later than November 21, 2002.
The motion in amendment, as amended, was adopted.
Extract from the Journals of the Senate, Thursday, October 31, 2002:
The Honourable Senator Gauthier moved, seconded by the Honourable Senator Lapointe:
That the recommendations and proposed rules contained in the Fourteenth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament presented to the Senate in the First Session of the 37th Parliament on June 11, 2002, be adopted, mainly:
1. a) Recommendation:
That the Senate adopt a procedure that would
(a) enable the Senate, following its approval of a report submitted by a select committee, to refer that report to the Government with a request for a comprehensive response within 150 calendar days;
(b) require the Leader of the Government in the Senate to either table the Government's response within the 150 day period or provide the Senate with an explanation; and
(c) deem the report and the comprehensive response to be referred upon tabling to the select committee for review, and provide that the select committee be deemed to have been referred the matter for consideration should the 150 day period lapse without a comprehensive response being received.
b) Proposed Rule:
That the Rules of the Senate be amended in rule 131,
(a) by renumbering rule 131 as 131(1); and
(b) by adding after subsection 131(1) the following:
``Request for Government response
(2) Where the Senate adopts either a resolution or a report from a select committee, other than the report on a bill, requesting the Government to provide a full and comprehensive response to the report, the Clerk of the Senate shall communicate the request to the Government Leader in the Senate who shall, within one hundred and fifty calendar days after the adoption of the report, either table the Government's response or give an explanation for not doing so in the Senate.
(3) Where the Senate adopts a resolution or a report under subsection (2), the report of the select committee and the response of the Government or the explanation of the Government Leader for the absence of a response are deemed to be referred to the select committee one hundred and fifty calendar days after the adoption of the report.''
2. a) Recommendation:
That the Senate adopt a rule based on Senator Gauthier's proposal relating to petitions, setting out the requirements as to their form and content, providing for a presentation procedure and providing that the subject matter of each public petition shall be referred to the appropriate standing committee, which shall consider it and, where it believes such action to be desirable, report back to the Senate with findings and recommendations.
b) Proposed Rule:
That the Rules of the Senate be amended by replacing rules 69 to 71 with the following:
``Presentation of petitions
69. (1) A Senator may present a petition to the Senate, including a petition for the passage of a private bill or for the redress of a grievance.
Senator's signature
(2) A Senator who presents a petition to the Senate must sign it as the sponsor, but the signature of the Senator is not an indication that the Senator agrees with the content of the petition.
Multiple sponsors
(3) More than one Senator may sponsor a petition.
Report attached
(4) A Senator who presents a petition for the purposes of rule 71 shall present it with the report of the Examiner of Petitions attached.
Content of petition
(5) A petition to the Senate must:
(a) be identified as a petition;
(b) be addressed to the Senate or to the Senate in Parliament assembled;
(c) respectfully request the Senate to do something that it is able to do;
(d) if it is the petition of one or more individuals, contain the original signatures of the petitioners, their names and correct addresses and the dates of their respective signatures; and
(e) if it is the petition of a corporation, be dated and duly authenticated and under the seal of the corporation.
Form of petition
(6) A petition to the Senate must:
(a) be in a form prescribed by the Committee on Rules, Procedures and the Rights of Parliament, on sheets of paper of standard or legal size;
(b) be an original, not a photocopy or facsimile;
(c) be legible, whether it is written, typewritten, printed or some combination of these;
(d) be free of extraneous matter in its text and of alterations; and
(e) reproduce on every sheet its identification as a petition to the Senate or to the Senate in Parliament assembled and the text of the request, if it consists of more than one sheet of signatures and addresses.
Examiner of Petitions
(7) The Director of Committees shall be the Examiner of Petitions.
Petition on behalf of public meeting
70. Petitions signed by persons purporting to represent public meetings shall be received only as the petitions of the persons who sign.
Public petitions
71. (1) In this rule, ``public petition'' means a petition to the Senate or the Senate in Parliament assembled by at least 25 persons, other than Senators and members of the House of Commons, that is filed for examination, presentation, referral and report under this rule.
Filing for examination
(2) A person may file a public petition with the Clerk of the Senate who shall, at the request of a Senator who proposes to sponsor it, refer it to the Examiner of Petitions for examination for compliance with rule 69.
Referral
(3) Where a Senator presents a public petition in the Senate with a report by the Examiner of Petitions attached advising that the petition is in compliance with rule 69, the petition, its subject-matter and the report shall be referred, without notice and without debate, to the appropriate standing committee.
Report
(4) The committee to which a public petition is referred under subsection (3) may report on its findings and recommendations, if any, to the Senate.''.
3. a) Recommendation:
That, with the exception of clauses 26.1(8) to (11), the Senate adopt the substance of the October 16, 2000 motion of Senator Kinsella, seconded by Senator Forrestall, that would add a rule 26.1 to provide for the expeditious consideration of secession referendum questions or referendum results by Committee of the Whole, upon their being tabled in a provincial legislature or otherwise officially released.
b) Proposed Rule:
That the Rules of the Senate be amended, in rule 26,
(a) by adding the following before subsection (1):
``Constitutional business
(1) Constitutional Business: Orders of the Day for motions under rule 26.1(3).'';
(b) by renumbering subsections (1) and (2) as (2) and (3) and all cross-references thereto accordingly; and
(c) by adding the following after rule 26:
``Question considered
26.1 (1) Immediately after the government of a province tables in its legislative assembly or otherwise officially releases the question that it intends to submit to its voters in a referendum relating to the proposed secession of the province from Canada, motions to refer that question to Committee of the Whole for consideration and report may be moved without leave at the next sitting of the Senate, and, if moved, must be considered and disposed of in priority to all other orders of the day.
Clear majority considered
(2) Immediately after the government of a province, following a referendum relating to the secession of that province from Canada, seeks to enter into negotiations on the terms of which that province might cease to be a part of Canada, motions to refer the subject of the clarity of the majority achieved in the referendum to Committee of the Whole for consideration and report may be moved without leave at the next sitting of the Senate, and, if moved, must be considered and disposed of in priority to all other Orders of the Day.
Order of business
(3) Notwithstanding rule 23(8), the Speaker shall call for motions under this rule as the first item of business after Question Period.
Priority
(4) Motions under this rule shall be considered and disposed of in the following order: a motion, if any, by the Government Leader; a motion, if any, by the Leader of the Opposition; a motion, if any, by the leader of a recognized third party in the Senate; motions, if any, by other Senators.
Deemed disposition
(5) Only one order of reference at a time may be made under subsection (1) or (2) and, as soon as an order of reference is adopted, with or without amendment, the remaining motions shall be dropped from the Order Paper.
Time
(6) Where the Senate adopts an order of reference under this rule, the Committee of the Whole shall report within fifteen calendar days after proceedings commenced in the Senate under subsection (1) or (2).
Transmission of findings
(7) When the Senate adopts a resolution in respect of a report presented pursuant to this rule, the Speaker of the Senate shall transmit copies of the resolution and of all proceedings held under this rule in the Senate and in the Committee of the Whole, including a complete copy of every representation made under this rule, to the Speaker of the House of Commons and to the Speakers of each provincial and territorial legislative assembly in Canada.''
After debate,
In amendment, the Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Graham, P.C., that the motion be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
After debate,
The question being put on the motion in amendment, it was adopted.
Extract from the Journals of the Senate, Tuesday, November 5, 2002:
The Honourable Senator Cordy moved, seconded by the Honourable Senator Biron:
That within 150 days, the Leader of the Government shall provide the Senate with a comprehensive government response to the report of the Standing Senate Committee on National Security and Defence entitled: Defence of North America: A Canadian Responsibility, tabled on August 30, 2002.
After debate,
In amendment, the Honourable Senator Robichaud, P.C., moved, seconded by the Honourable Senator Rompkey, P.C., that the motion be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion in amendment, it was adopted.
Extract from the Journals of the Senate, Tuesday, November 5, 2002:
The Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson:
That Rule 86(1)(o) of the Senate be amended to read:
``The Senate Committee on Fisheries and Oceans, composed of twelve members, four of whom shall constitute a quorum, to which shall be referred, on order of the Senate, bills, messages, petitions, inquiries, papers and other matters relating to fisheries and oceans generally.''
After debate,
With leave of the Senate,
In amendment, the Honourable Senator Comeau moved, seconded by the Honourable Senator Gustafson, that the motion be referred to the Standing Committee on Rules, Procedures and the Rights of Parliament.
The question being put on the motion in amendment, it was adopted.
Paul C. Bélisle
Clerk of the Senate