RULES OF THE SENATE OF CANADA
December 2011
The seventh report of the Standing Committee on Rules, Procedures and the Rights of Parliament, presented to the Senate on October 27, 2009, and adopted by the Senate on November 4, 2009, authorized the Clerk "to update the on-line version of the Rules of the Senate from the time any change is approved by the Senate". The following version of the Rules reflects changes made to the Rules up to the end of the second session of the fortieth Parliament.
TABLE OF CONTENTS
| Rule | Description | |
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PART I
INTERPRETATION |
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| 1 (1) | Procedure in unprovided cases | |
| 1 (2) | Priority of rules over practice | |
| 1 (3) | Gender | |
| 2 | Privileges unaffected | |
| 3 | Suspension of rule | |
| 4 | Definitions | |
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PART II
SITTINGS OF THE SENATE |
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| 5 (1) | Times of sittings | |
| 5 (2) | Sounding of bells | |
| 5 (3) | Speaker to enter | |
| 5 (4) | Prayers | |
| 6 (1) | Midnight adjournment | |
| 6 (2) | Friday afternoon adjournment | |
| 6 (3) | Adjournment of "Government Business" | |
| 6 (4) | Adjournment of "Other Business" | |
| 7 (1) | No adjournment until after deferred vote | |
| 7 (2) | Sounding of bells at 5:15 p.m. | |
| 8 | Pro forma bill | |
| 9 (1) | Quorum of fifteen | |
| 9 (2) | Sounding of bells for quorum | |
| 9 (3) | Lack of quorum | |
| 9 (4) | Business adjourned to next sitting | |
| 10 | When Speaker leaves Chair | |
| 11 | Absence of Speaker | |
| 12 | Acts valid | |
| 13 (1) | Evening sittings | |
| 13 (2) | Exception | |
| 14 | Friday adjournment | |
| 15 (1) | Motion to adjourn | |
| 15 (2) | When motion can be moved | |
| 15 (3) | No debate | |
| 15 (4) | Standing vote | |
| 15 (5) | Second motion | |
| 16 | Demeanour | |
| 17 (1) | Recall of Senate | |
| 17 (2) | Extended time of adjournment | |
| 17 (3) | Non-receipt of notices | |
| 17 (4) | Absence of Speaker | |
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PART III
ORDER AND DECORUM |
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| 18 (1) | Authority of Speaker to preserve order and decorum | |
| 18 (2) | Speaker's reasons | |
| 18 (2.1) | Scope of Speaker's Authority | |
| 18 (3) | Speaker's decision re sufficiency of arguments | |
| 18 (4) | Appeal of Speaker's decisions | |
| 18 (5) | When Speaker rises | |
| 19 | Demeanour of Senators in Chamber | |
| 20 (1) | Ordering withdrawal of strangers | |
| 20 (2) | Prior order not required | |
| 20 (3) | Clearing of galleries | |
| 21 | Participation of minister in debate | |
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PART IV
ROUTINE OF BUSINESS |
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| 22 (1) | "Senators' Statements" | |
| 22 (2) | Exception following emergency debate | |
| 22 (3) | Oral notice of question of privilege | |
| 22 (4) | Criteria for "Senators' Statements" | |
| 22 (5) | Visitors in the gallery | |
| 22 (6) | Limitation on Senator's intervention | |
| 22 (7) | Leave to extend time for "Senators' Statements" | |
| 22 (8) | Speaker remaining in chair after 6:00 p.m. | |
| 22 (9) | No standing votes | |
| 22 (10) | Tributes | |
| 22 (11) | Time limits | |
| 22 (12) | No leave | |
| 22 (13) | Response | |
| 22 (14) | Senate Publications | |
| 22 (15) | No bar | |
| 22 (16) | Other tributes | |
| 23 (1) | Consideration of questions of privilege and points of order | |
| 23 (2) | First reading of bills | |
| 23 (3) | Deferral of standing vote | |
| 23 (4) | Dilatory and procedural motions | |
| 23 (5) | Calling of Orders of the Day at 8:00 p.m. and on Fridays at noon | |
| 23 (6) | Daily routine of business | |
| 23 (7) | Question period | |
| 23 (8) | Other orders of business | |
| 24 (1) | Oral questions | |
| 24 (2) | Supplementary questions | |
| 24 (3) | Questions taken as notice | |
| 24 (4) | Explanatory remarks permitted | |
| 25 (1) | Written questions | |
| 25 (2) | Printed replies | |
| 26 | Orders of the Day | |
| 26 (1) | Government Business | |
| 26 (2) | Other business | |
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PART V
PROCESS OF DEBATE; |
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| 27 (1) | Priority of government business | |
| 27 (2) | Standing of orders until next sitting | |
| 27 (3) | Deletion from Order Paper | |
| 28 (1) | Tabling of documents | |
| 28 (2) | Record of tabling | |
| 28 (3) | Tabling of government papers | |
| 28 (3.1) | User fee proposal | |
| 28 (3.2) | Twenty sitting days | |
| 28 (4) | Tabling of other documents | |
| 28 (5) | Record of tabling | |
| 29 | Preambles | |
| 30 | Withdrawal of motion or inquiry | |
| 31 | Motion not seconded | |
| 32 | Speaking in the Senate | |
| 32.1(1) | Declaration of interest | |
| 32.1(2) | Restrictions | |
| 32.1(3) | Exception | |
| 33 (1) | Two or more Senators rising to speak | |
| 33 (2) | Motion to allow another Senator to speak | |
| 33 (3) | Adoption of motion | |
| 33 (4) | Non-adoption of motion | |
| 34 (1) | Yielding the floor to another Senator | |
| 34 (2) | Yielding the floor for a question | |
| 35 | Right of final reply | |
| 36 | Closing of debate | |
| 37 (1) | No Senator to speak more than once | |
| 37 (2) | Time for Leaders | |
| 37 (3) | Time limit on speeches relating to bills | |
| 37 (4) | General time limit on speeches | |
| 37 (5) | Expiry of time limits on speeches | |
| 38 | Agreement to allot time | |
| 39 (1) | Government notice of motion to allocate time | |
| 39 (2) | Time limits in government motion | |
| 39 (3) | Limitation | |
| 39 (4) | Procedure on taking of standing vote | |
| 39 (5) | Procedure on consideration of order | |
| 39 (6) | Interruption | |
| 39 (7) | No other motions to be received | |
| 40 (1) | Procedure on government motion to allocate time | |
| 40 (2) | Procedure during debate of government motion | |
| 41 | Mover or seconder may speak later | |
| 42 | No debate on mere interrogation | |
| 43 (1) | Criteria for raising question of privilege | |
| 43 (2) | Failure to raise at earlier opportunity | |
| 43 (3) | Written notice | |
| 43 (4) | Notice for Friday | |
| 43 (5) | Distribution of notices by Clerk | |
| 43 (6) | Non-receipt of notice | |
| 43 (7) | Oral notice | |
| 43 (8) | Time of Senate consideration | |
| 43 (9) | Senate consideration on a Friday | |
| 43 (10) | Order of consideration | |
| 43 (11) | Debates to be seriatim | |
| 43 (12) | Prima facie determination by Speaker | |
| 44 (1) | Motion to take action | |
| 44 (2) | When motion may be moved | |
| 44 (3) | When debate on motion may begin | |
| 44 (4) | Debate on Friday | |
| 44 (5) | Time limits on speaking | |
| 44 (6) | Motion to adjourn and continuation of debate | |
| 44 (7) | Speaker to put question after three hours | |
| 44 (8) | Adjournment upon completion of debate | |
| 44 (9) | Where orders of the day not previously concluded | |
| 45 | Complaint against news media | |
| 46 | Quoting Commons speech | |
| 47 | Reading the question | |
| 48 (1) | Motions during debate | |
| 48 (2) | Previous question | |
| 49 (1) | Motion to adjourn | |
| 49 (2) | Motion to adjourn government item | |
| 50 | Senator called to order | |
| 51 | Objectionable speeches | |
| 52 | Redress of injured Senator | |
| 53 (1) | Exceptionable words | |
| 53 (2) | Retraction and apologies | |
| 54 | Senate intervention in disputes | |
| 55 (1) | Speaker addressing Senate | |
| 55 (2) | Participation of Speaker in debate | |
| 55 (3) | Speaker to leave Chair | |
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PART VI
NOTICES |
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| 56 (1) | Notice of inquiry or motion | |
| 56 (2) | Calling matter to attention of Senate | |
| 56 (3) | Notice for absent Senator | |
| 57 (1) | Two days' notice of certain motions | |
| 57 (2) | Idem | |
| 58 (1) | One day's notice of certain motions | |
| 58 (2) | Correcting irregularities or mistakes | |
| 59 | Matters requiring no notice | |
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PART VII
MOTIONS |
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| 60 (1) | Notice and criteria for emergency debate | |
| 60 (2) | Distribution of notice by Clerk | |
| 60 (3) | Non-receipt of notice | |
| 60 (4) | Order of debate | |
| 60 (5) | Reasons for emergency debate | |
| 60 (6) | Idem | |
| 60 (7) | Senate consideration of criteria | |
| 60 (8) | Urgency decided by Speaker | |
| 60 (9) | Senate consideration of notices | |
| 61 (1) | Motion for emergency debate | |
| 61 (2) | When leave granted on Friday | |
| 61 (3) | Where Orders of the Day completed | |
| 61 (4) | Where Orders of the Day not completed | |
| 61 (5) | Idem | |
| 61 (6) | One motion only at a sitting | |
| 61 (7) | No other motion to be received | |
| 61 (8) | Limitations on speaking | |
| 62 (1) | Debatable motions | |
| 62 (2) | Motions not debatable | |
| 63 (1) | No motions on resolved questions | |
| 63 (2) | Rescinding of orders | |
| 64 | Objectionable notice | |
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PART VIII
VOTING |
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| 65 (1) | Voice vote | |
| 65 (2) | Speaker's decision final | |
| 65 (3) | Standing Vote | |
| 65 (4) | Announcement before vote | |
| 65 (5) | Vote lost when voices equal | |
| 66 (1) | Sounding of bells for standing vote | |
| 66 (2) | Taking of vote | |
| 66 (3) | Sounding of bells for certain votes | |
| 66 (4) | Procedures during taking of votes | |
| 66 (5) | Idem | |
| 66 (6) | Adjournment suspended during vote | |
| 67 (1) | Deferral of standing vote | |
| 67 (2) | Normal deferred time | |
| 67 (3) | Friday extension of deferral | |
| 67 (4) | No deferrals in relation to subsequent business | |
| 67 (5) | One sounding of bells for same items | |
| 67 (6) | Standing vote once deferred | |
| 68 (1) | Requirement for voting | |
| 68 (2) | No debate after vote called | |
| 68 (3) | Withdrawing or amending vote | |
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PART IX
PETITIONS AND BILLS |
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| 69 | Petition by individual | |
| 70 | Petition by corporation | |
| 71 | Petition on behalf of public meeting | |
| 72 (1) | Form of amending bill | |
| 72 (2) | Typographical indications | |
| 72 (3) | Explanatory notes | |
| 72 (4) | Reprints | |
| 73 (1) | Right to present bills | |
| 73 (2) | First reading | |
| 74 (1) | Referral to committee of subject-matter of bill | |
| 74 (2) | Government notice of referral | |
| 74 (3) | Idem | |
| 75 | Second Reading | |
| 76 | Third reading | |
| 77 | Reconsideration of clauses | |
| 78 (1) | Senate disagreement with Commons amendments | |
| 78 (2) | Commons disagreement with Senate amendments | |
| 78 (3) | Conference | |
| 78 (4) | Free conference | |
| 79 | Speaking at conference | |
| 80 | No duplication of bill in same session | |
| 81 | Supply bills | |
| 82 | No tacking clauses | |
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PART X
COMMITTEES |
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| 83 | Committee of the Whole | |
| 84 (1) | Procedure in Committee of the Whole | |
| 84 (2) | Motion to leave chair or report progress | |
| 84 (3) | Proceedings recorded | |
| 85 (1) | Committee of Selection | |
| 85 (2) | Separate report | |
| 85 (2.1) | Report by the Leader of the Government | |
| 85 (3) | Term of appointment | |
| 85 (4) | Change in Membership | |
| 85 (5) | Notice to be signed | |
| 86 (1) | Standing Committees | |
| 86 (1)(a) | Library | |
| 86 (1)(b) | Scrutiny of Regulations | |
| 86 (1)(c) | Official Languages | |
| 86 (1)(d) | Rules, Procedures and the Rights of Parliament | |
| 86 (1)(e) | Internal Economy, Budgets and Administration | |
| 86 (1)(f) | Foreign Affairs and International Trade | |
| 86 (1)(g) | National Finance | |
| 86 (1)(h) | Transport and Communications | |
| 86 (1)(i) | Legal and Constitutional Affairs | |
| 86 (1)(j) | Banking, Trade and Commerce | |
| 86 (1)(k) | Social Affairs, Science and Technology | |
| 86 (1)(l) | Agriculture and Forestry | |
| 86 (1)(m) | Fisheries and Oceans | |
| 86 (1)(n) | Energy, the Environment and Natural Resources | |
| 86 (1)(o) | Aboriginal Peoples | |
| 86 (1)(p) | National Security and Defence | |
| 86 (1)(q) | Human Rights | |
| 86 (1)(r) | Conflict of Interest for Senators | |
| 86 (2) | Residual matters | |
| 86 (3) | Legislative committees | |
| 87 | Members ex officio | |
| 88 | Organization meeting | |
| 89 | Meeting without quorum | |
| 90 | Powers of committees | |
| 91 (1) | Participation by non-members | |
| 92 (1) | All committees meetings to be public | |
| 92 (2) | Exceptions | |
| 92 (2.1) | In camera Meetings | |
| 92 (3) | Subcommittees | |
| 92 (4) | Joint committees | |
| 92 (5) | Attendance by public | |
| 93 | Special committees | |
| 94 | Sponsoring Senator | |
| 95 (1) | Committee adjournment | |
| 95 (2) | Sittings during Senate adjournment | |
| 95 (3) | Idem | |
| 95 (3.1) | Idem | |
| 95 (4) | When Senate sits | |
| 96 (1) | Vote lost when voices equal | |
| 96 (2) | Majority conclusions | |
| 96 (3) | Seconder not required | |
| 96 (4) | Subcommittees | |
| 96 (5) | Composition | |
| 96 (6) | Addressing the Chair | |
| 96 (7) | Special procedures not permitted | |
| 96 (7.1) | Clause-by-clause consideration | |
| 96 (8) | Smoking prohibited | |
| 97 (1) | Presentation of report | |
| 97 (1.1) | Report on Conflict of Interest | |
| 97 (2) | No debate | |
| 97 (3) | Information only | |
| 97 (4) | Reporting bill without amendment | |
| 97 (5) | Reporting bill with amendments | |
| 97 (6) | Motion deemed made | |
| 97 (7) | Right to speak | |
| 97 (8) | Taking of vote | |
| 97 (9) | Deferred vote | |
| 97 (10) | Idem | |
| 98 | Obligation to report bill | |
| 99 | Obligation to explain amendments | |
| 100 | Reporting against bill | |
| 101 | Signing of amended bill | |
| 102 | Payment of witnesses' expenses | |
| 103 | Financial operation | |
| 104 (1) | Final reporting of expenses | |
| 104 (2) | Idem | |
| 104 (3) | Interim report | |
| 104 (4) | Tabling of report | |
| 104 (5) | Printing of report | |
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PART XI
PRIVATE BILLS |
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| 105 | Publication of rules in Canada Gazette | |
| 106 (1) | Notice in Canada Gazette | |
| 106 (2) | Notice in newspapers | |
| 106 (3) | Frequency of publication | |
| 106 (4) | Statutory declaration | |
| 107 (1) | Examiner of petitions | |
| 107 (2) | Report on petitions | |
| 108 | Suspension of rules | |
| 109 | Introduced on petition | |
| 110 | Deposit of bill and fees | |
| 111 | Reference re provincial jurisdiction | |
| 112 | Reference to Supreme Court | |
| 113 | Referral to committee | |
| 114 | Private bill from Commons | |
| 115 | Delay before consideration by committee | |
| 116 | Private Bill Register | |
| 117 | Daily lists of private bills | |
| 118 | Interested parties as witnesses | |
| 119 | Committee of the whole | |
| 120 | Substantial amendments | |
| 121 | Commons Amendments | |
| 122 | Public bill rules apply | |
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PART XII
GENERAL |
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| 123 | Transmission of messages | |
| 124 (1) | Attendance before Commons | |
| 124 (2) | Idem | |
| 124 (3) | Penalty | |
| 124 (4) | Voluntary attendance | |
| 125 | Searching of Journals | |
| 126 | Former members | |
| 127 | Copies of Journals to Governor General | |
| 128 | Binding of Journals | |
| 129 | Printing | |
| 130 (1) | Permission to broadcast proceedings | |
| 130 (2) | Alternative arrangements | |
| 131 (1) | Tabling of accounts and papers | |
| 131 (2) | Request for Government response | |
| 131 (3) | Response | |
| 131 (4) | Deemed referred to committee | |
| 132 | Royal prerogative | |
| 133 | Failure to attend sessions | |
| 134 (1) | Access to Senate Chamber by certain personages | |
| 134 (2) | Fixing time for procedures | |
| 134 (3) | Interruption of proceedings read message | |
| 134 (4) | Suspension of sitting | |
| 134 (5) | Suspension of certain rules | |
| 134 (6) | Deferral of standing vote | |
| 134 (7) | Deferral votes further deferred | |
| 134 (8) | Interruption of debate to admit personage | |
| 134 (9) | Resumption of debate | |
| 135 | Renewal of property declaration | |
| 136 (1) | Duty to attend | |
| 136 (2) | Power to dispense | |
| 136 (3) | Rescission | |
| 136 (4) | Absence obligatory | |
| 136 (5) | No disqualification | |
| 136 (6) | Preventive Measure | |
| 137 (1) | Authorized absences | |
| 137 (2) | Deductions for non-attendance | |
| 138 (1) | Deduction for suspension | |
| 138 (2) | Deductions restored | |
| 138 (3) | No mitigation or interest | |
| 139 (1) | Senate resources suspended | |
| 139 (2) | Application | |
| 139 (2.1) | Suspension of Allowances | |
| 139 (3) | Exceptions | |
| 140 (1) | Notice of charge | |
| 140 (2) | Leave of absence for accused Senator | |
| 140 (2.1) | Senate resources in case of leave of absence | |
| 140 (3) | Term | |
| 140 (4) | Public business | |
| 140 (5) | Preventive measure | |
| 140 (6) | Presumption of innocence | |
| 141 (1) | Suspension of convicted Senator | |
| 141 (2) | Duration of suspension | |
| 141 (3) | Time of conviction | |
| 141 (4) | Report | |
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| APPENDIX I | ||
| Provincial Representations to Senate Committees | ||
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| APPENDIX II | ||
| Cabinet Ministers Being Members of Senate Committees | ||
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| APPENDIX III | ||
| Procedure for Dealing with Unauthorized Disclosure of Confidential Committee Reports and Other Documents or Proceedings | ||
| INDEX | ||
