Rules of the Senate of Canada - Process of Debate; Documents; Privileges

RULES OF THE SENATE OF CANADA

March 2010

	PART V
	PROCESS OF DEBATE; DOCUMENTS; PRIVILEGE
Priority of government business	27. (1) Except as otherwise ordered by the Senate or as provided elsewhere in these rules, government business shall have priority over all other business before the Senate. Government business shall be called and considered in such sequence as the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate shall determine.
Standing of orders until next sitting	(2) Except as provided in section (3) of this rule, or unless otherwise previously ordered, all Orders of the Day, if not disposed of before the adjournment of the Senate, shall stand on the Order Paper for the next sitting.
Deletion from Order Paper	(3) Unless previously ordered, any item under "Other Business", "Inquiries" and "Motions" that has not been proceeded with during fifteen sittings shall be dropped from the Order Paper.
Tabling of documents	28. (1) Whenever an Act of Parliament, or any resolution or rule of the Senate, requires that a return or report be laid before the Senate, the same may be deposited with the Clerk of the Senate. When so deposited, such return, report or other paper shall be deemed for all purposes to have been presented or laid before the Senate.
Record of tabling	(2) A record of any paper tabled pursuant to section (1) shall be entered in the Journals of the same day.
Tabling of government papers	(3) The Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate may lay upon the Table, at the time provided in rule 23(6), other papers dealing with the administrative responsibilities of the government.
User fee proposal	(3.1) When the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate tables a document proposing a user fee, it is deemed referred, without debate or a vote, to the select committee designated in the Senate for the purpose by the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate following consultation with the Leader of the Opposition in the Senate or the Deputy Leader of the Opposition in the Senate.
Twenty sitting days	(3.2) If the select committee does not report within twenty sitting days, the committee is deemed to have recommended approval of the user fee.
Tabling of other documents	(4) With the leave of the Senate, at the time provided in rule 23(6), any Senator may lay upon the Table any paper relating to the business before the Senate.
Record of tabling	(5) A record of any paper laid upon the Table pursuant to sections (3) and (4) shall appear in both the Journals and the Debates of the Senate of the same day.
Preambles	29. A motion or inquiry prefaced by a written preamble shall not be received by the Senate.
Withdrawal of motion or inquiry	30. A Senator who has made a motion or presented an inquiry may withdraw or modify the same by leave of the Senate.
Motion not seconded	31. A motion made in the Senate, but not seconded, shall not be debated or put from the Chair.
Speaking in the Senate	32. A Senator desiring to speak in the Senate shall rise in the place where that Senator normally sits and address the rest of the Senators.
Declaration of interest	32.1(1) When a Senator makes a declaration of private interest pursuant to the Conflict of Interest Code for Senators, or retracts such a declaration: (a) if made in the Senate, the Speaker shall cause the declaration or retraction to be recorded in the Journals of the Senate; (b) if made in committee and the code allows the declaration or retraction to be published in the Minutes of Proceedings of the committee, the Clerk of the Senate shall cause the declaration or retraction to be recorded in the Journals of the Senate.
Restrictions	(2) Subject to section (3), when a Senator has made a declaration of private interest on a matter, the declaration, until retracted, shall be valid for all subsequent proceedings on the matter, whether in the Senate or in committee, and the Senator: (a) shall not participate in debate or vote on that matter in the Senate, but may abstain; and (b) shall withdraw from committee meetings during any proceedings on that matter.
Exception	(3) If a declaration of private interest, or a retraction of such a declaration, is made in committee, but cannot be published in the Minutes of Proceedings under the code, the declaration or retraction is only valid for the meeting at which it was made. Unless authorization under the code to publish the declaration or retraction is subsequently given, the Senator shall repeat the declaration or retraction at the first possible opportunity.
Two or more Senators rising to speak	33. (1) When two or more Senators rise to speak at the same time, the Speaker shall call upon the Senator who, in the Speaker's opinion, first rose.
Motion to allow another Senator to speak	(2) In the circumstances provided in section (1) above, before the Senator recognized by the Speaker has begun to speak, a third Senator may rise on a point of order and propose a motion naming another Senator who had risen and proposing that this other Senator "be now heard" or "do now speak", and the question on such a motion shall be put forthwith without debate or amendment.
Adoption of motion	(3) If the Senate adopts a motion moved pursuant to section (2) above, the motion shall be deemed to be an order of the Senate that the Senator named in the motion be given the floor. The Senator so named shall have the floor until that Senator's intervention has been completed or the Senator's time has expired, and no further motion to the same effect shall be received until that time.
Non-adoption of motion	(4) If the Senate does not adopt a motion moved pursuant to section (2) above, the motion shall be deemed to be an order of the Senate that the Senator first recognized be given the floor. No further motion to the same effect shall be received until the Senator, first recognized, has completed his or her intervention.
Yielding the floor to another Senator	34. (1) Only one Senator shall have the floor at any one time. However, a Senator may yield the floor to another Senator. (a) If a Senator wishes to seek leave of the Senator who has the floor to speak, that Senator shall not be recognized unless the Senator who has the floor first says "I yield the floor to Honourable Senator ________". (b) If the Senator first recognized yields the floor, then that Senator shall not again be recognized in that debate. That Senator will be deemed to have spoken and may speak again only with the leave of the Senate. (c) The Senator to whom the Senator first recognized yielded the floor would be able to speak for the remainder of the time allotted to the Senator from whom he or she received the floor and would be considered as having spoken in the debate and could not again speak in the debate except with the leave of the Senate.
Yielding the floor for a question	(2) The provisions of section (1) shall not apply if a Senator yields the floor for a question. (a) In such a case, the Senator first recognized would be recognized again after the questioner was finished, but the entire exchange would be considered as part of that Senator's time for that debate. (b) If a Senator is recognized to ask a question, that Senator is not considered to have spoken in the debate unless the Senator of whom he or she asked the question yielded the floor as provided in section (1) above. If the Senator merely asked a question, he or she would not be considered as having spoken and could be recognized to debate the question before the Senate.
Right of final reply	35. A Senator shall have the right of final reply if: (a) the Senator has moved the second reading of a bill or made a substantive motion, other than a motion to adopt a committee report on the Conflict of Interest Code for Senators pertaining to the conduct of a Senator, or an inquiry; or (b) the Senator is the subject of a report made by a committee under the Conflict of Interest Code for Senators.
Closing of debate	36. The final reply provided for in rule 35 closes the debate. It is the duty of the Speaker to ensure that every Senator wishing to speak has the opportunity to do so before the final reply.
	37. Except as otherwise provided in these rules, or as otherwise ordered by the Senate:
No Senator to speak more than once	(1) No Senator shall speak more than once. However, if a material part of the Senator's speech has been misunderstood, the Senator may speak again in the same debate. In such a case, the Senator, with leave of the Senate, shall be permitted no more than one period of five minutes to explain that part of the speech which was misunderstood. In so doing, the Senator shall not introduce new matters.
Unlimited Time for Leaders	(2) The Leader of the Government in the Senate and the Leader of the Opposition shall be permitted unlimited time for debate, and each leader of a recognized third party in the Senate shall be permitted no more than forty-five minutes for debate.
Time limit on speeches relating to bills	(3) The sponsor of a bill and the first Senator speaking immediately thereafter shall be permitted not more than forty-five minutes each for debate, inclusive of any question or comments from other Senators which they may permit in the course of their remarks.
General time limit on speeches	(4) Except as provided in sections (2) and (3) above, no Senator shall speak for more than fifteen minutes, inclusive of any question or comments from other Senators which the Senator may permit in the course of his or her remarks.
Expiry of time limits on speeches	(5) The Clerk of the Senate shall keep a record, which can be consulted at the Table, of the time taken by each Senator in each debate. The Clerk shall inform the Speaker whenever a Senator is about to exceed the time provided for his or her remarks. When a Senator is about to exceed the time limits provided in these rules, or as ordered by the Senate, the Speaker shall call the matter to the attention of the Senator. When the Senator's time has expired, the Speaker shall call that Senator to order and that Senator shall not again be recognized to debate the same question before the Senate and the Speaker shall recognize some other Senator, or if the debate is then concluded, shall put the question.
Agreement to allot time	38. At any time while the Senate is sitting, the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate may state from his or her place in the Senate, that there is an agreement among the representatives of the parties in the Senate to allot a specified number of days or hours to the proceedings at one or more stages of any item of government business. At the same time, without notice, the said Leader or Deputy Leader may propose a motion setting forth the terms of such agreed allocation and every such motion shall be decided forthwith without debate or amendment.
Government notice of motion to allocate time	39. (1) At any time while the Senate is sitting, the Leader of the Government in the Senate or the Deputy Leader of the Government in the Senate, from his or her place in the Senate, may state that the representatives of the parties have failed to agree to allocate a specified number of days or hours for consideration of any stage of consideration of any adjourned debate on any item of government business. If so, at that time the said Leader or Deputy Leader may give notice of the terms of a motion to allocate a specified number of hours or days of debate on the said stage of consideration of the said item. Such motion shall be placed on the Orders of the Day under "Government Motions" for the next sitting day.
Time limits in government motion	(2) In the event of a motion being moved pursuant to section (1) of this rule, the motion shall provide for at least: (a) a further six-hours debate on any substantive motion, except as provided below; (b) a further six-hours debate on a motion for second reading of a public bill; (c) one calendar day (in the period Monday to Friday) for a standing or special committee or a Committee of the Whole to report a bill back to the Senate failing which, at midnight on that day, the bill would be deemed to have been reported back without amendment; or (d) a single period of a further six-hours debate, in total, to dispose of both the report and the third reading stages of a public bill.
Limitation	(3) Except as provided in sub-paragraph (2)(d) above, no motion moved pursuant to this rule shall allocate time to more than one stage of consideration of any item of government business.
Procedure on taking of standing vote	(4) Except as provided below, the provisions of rules 66 and 67 shall apply to the taking of any standing vote in relation to every Order of the Day to which time is allocated for debate, pursuant to rule 38 or this rule and shall be considered in accordance with the following provisions: (a) except as provided in sub-paragraph (b) below, when debate on such an Order of the Day is concluded, or when the time provided for such a debate expires, the Speaker shall forthwith put the question without any further debate or amendment and any standing vote requested in relation thereto shall be deferred until 5:30 o'clock in the afternoon of the next day thereafter on which the Senate sits; (b) if debate on such an Order of the Day is concluded or the time provided for the debate expires prior to 5:30 o'clock p.m., the Speaker shall forthwith put the question and any standing vote requested in relation thereto shall not be subject to the provisions of rule 67 and shall be deferred until 5:30 o'clock p.m. of the same afternoon.
Procedure on consideration of order	(5) When an Order of the Day has been called, to which a specified period of time has been allocated for its consideration, and is under consideration: (a) at the ordinary daily hour of adjournment, the Senate shall not adjourn but shall continue consideration of the said Order of the Day until the debate has concluded or the time provided for the debate has expired, whereupon the Speaker shall proceed to put the question or questions; (b) when the question is put pursuant to sub-paragraph (a) above, the Speaker shall thereupon declare that a motion to adjourn the Senate has been deemed to have been made and adopted and leave the Chair until the time provided for the next meeting of the Senate; (c) when the Senate would otherwise take its dinner hour interruption in accordance with the provisions of rule 13, the sitting shall not be interrupted until the debate is concluded, or the time provided for the consideration of the Order of the Day has expired, whereupon the Speaker shall put the question or questions necessary to dispose of the Order of the Day; (d) whenever the question has been put pursuant to the provisions of sub-paragraph (c) above, any standing vote requested in relation thereto shall be taken in accordance with the provisions of rule 66; (e) when such an Order of the Day is under consideration at the time provided for taking a deferred standing vote, such consideration shall be interrupted and the Senate shall resume consideration of the said Order of the Day immediately after it has completed all business related to the item to which a standing vote had been requested in accordance with rule 65(3).
Interruption	(6) When consideration of an Order of the Day, to which a specified period of time has been allocated, is interrupted for the consideration of a motion moved in accordance with the provisions of either rule 44(1) or 61(1), once the said motion or motions have been disposed of, the Senate shall immediately proceed to resume consideration of the Order of the Day.
No other motions to be received	(7) When an Order of the Day has been called, to which a specified period of time has been allocated for its consideration, the same shall not be adjourned and no amendment thereto, nor other motion, except that a certain Senator be now heard or do now speak, shall be received.
Procedure on government motion to allocate time	40. (1) When an Order of the Day for a motion to allocate time for the consideration of any item of government business is called: (a) the same shall not be adjourned and no amendment thereto, nor other motion, except that a certain Senator be now heard or do now speak, shall be received; (b) the Speaker shall interrupt any proceeding then before the Senate and put every question necessary to dispose of the motion not later than two and one half hours after the order is called; and (c) any standing vote requested in relation thereto shall not be deferred and shall be taken subject to the provisions of rule 66(1).
Procedure during debate of government motion	(2) During debate on the motion: (a) no Senator shall speak more than once; (b) the Leader of the Government in the Senate and the Leader of the Opposition may each speak for no longer than thirty minutes, and each leader of a recognized third party in the Senate may speak for no longer than fifteen minutes; (c) except as provided in sub-paragraph (b) above, no Senator may speak for longer than ten minutes; and (d) whenever the debate is interrupted pursuant to rule 13, the debate shall be resumed when the sitting is resumed.
Mover or seconder may speak later	41. A Senator who moves an order of the day or seconds a motion, but does not speak to it at that time, may address the Senate on the subject at any subsequent period of the debate.
No debate on mere interrogation	42. A debate shall not be in order on an oral question, but brief explanatory remarks may be made by the Senator making the interrogation and by the Senator answering the same. Observations upon any such answer shall not be allowed.
Criteria for rais ing question of privilege	43. (1) The preservation of the privileges of the Senate is the duty of every Senator. A violation of the privileges of any one Senator affects those of all Senators and the ability of the Senate to carry out its functions outlined in the Constitution Act, 1867. Action to ensure such protection takes priority over every other matter before the Senate. However, to be accorded such priority, a putative question of privilege must meet certain tests. It must, inter alia, (a) be raised at the earliest opportunity; (b) be a matter directly concerning the privileges of the Senate, of any committee thereof, or any Senator; (c) be raised to seek a genuine remedy, which is in the Senate's power to provide, and for which no other parliamentary process is reasonably available; and (d) be raised to correct a grave and serious breach.
Failure to raise at earlier opportunity	(2) If the matter is not raised at the earliest opportunity, the Senator raising the matter may put it on notice, but the matter cannot be proceeded with under the terms of this rule.
Written notice	(3) Except as provided in section (4) below, a Senator wishing to raise a question of privilege shall, at least three hours before the Senate meets for the transaction of business, give a written notice of such question to the Clerk of the Senate.
Notice for Friday	(4) A Senator wishing to raise a question of privilege on a Friday shall, at not later than 6:00 o'clock p.m. on the immediately preceding Thursday, give a written notice of such question to the Clerk of the Senate.
Distribution of notices by Clerk	(5) Immediately upon receipt of a notice required in sections (3) and (4) above, the Clerk of the Senate shall arrange for the immediate translation and dispatch to each Senator's office address in Ottawa, a copy of the original notice and the translation.
Non-receipt of notice	(6) The non-receipt by any Senator of a copy of the notice required to be distributed pursuant to section (5) above, shall not affect the validity of the notice, nor can it be raised as a reason to delay the consideration of the question of privilege.
Oral notice	(7) A Senator having given a notice, in accordance with section (3) or (4) above, shall be recognized during the time provided for the consideration of "Senators' Statements", for the purpose of giving oral notice of the question of privilege. In doing so, the Senator shall indicate that he or she is prepared to move a motion either calling upon the Senate to take action in relation to the matter complained of or referring the matter to the Standing Committee on Rules, Procedures and the Rights of Parliament.
Time of Senate consideration	(8) Except as provided in section (9) below, the Senate shall take up consideration of whether the circumstances constitute a question of privilege at not later than 8:00 o'clock p.m., or immediately after the Senate has completed consideration of the Orders of the Day for that sitting, whichever comes first.
Senate consideration on Friday	(9) On Friday, consideration of whether the circumstances constitute a question of privilege shall be taken up at not later than 12:00 o'clock noon or when the Senate has completed consideration of the Orders of the Day for that sitting, whichever comes first.
Order of consideration	(10) The order in which the notices were received by the Clerk of the Senate shall determine the order of consideration of questions of privilege.
Debates to be seriatim	(11) Debates on distinct questions of privilege shall be taken seriatim, with the debate on the first being concluded prior to the next being raised. The Speaker shall regulate the debate in accordance with the provisions of rule 18(3).
Prima facie determination by Speaker	(12) The Speaker shall determine whether a prima facie case of privilege has been made out. In making a ruling, the Speaker shall state the reasons for that ruling, together with references to any rule or other written authority relevant to the case.
Motion to take action	44. (1) When a prima facie case of privilege has been established, the Senator who raised the matter may move a motion calling upon the Senate either to take action on the matter or to refer the matter to the Standing Committee on Rules, Procedures and the Rights of Parliament for investigation and report.
When motion may be moved	(2) Such a motion can be moved only immediately following the Speaker's decision and it shall be considered in accordance with the provisions of sections (3), (4), (5), (6) and (7), below.
When debate on motion may begin	(3) Except as provided in section (4) below, the debate on any motion moved in accordance with section (1) above shall commence on the same day at not later than 8:00 o'clock p.m. or when the Senate has completed consideration of the Orders of the Day for that sitting, whichever comes first.
Debate on Friday	(4) On Friday the debate on any motion moved in accordance with section (1) above shall commence at not later than 12:00 o'clock noon or when the Senate has completed consideration of the Orders of the Day for that sitting, whichever comes first.
Time limits on speaking	(5) When a motion is moved in accordance with the provisions of section (1) above during debate on the motion, no Senator shall speak more than once, nor for more than fifteen minutes.
Motion to adjourn and continuation of debate	(6) During a debate on a motion moved in accordance with the provisions of section (1) above, (a) a motion to adjourn pursuant torule 49(1) may be received. If the debate on the said motion is adjourned, it shall be placed on the Orders of the Day in accordance with the provisions of rule 26(2)(j); (b) if the debate on the motion is still before the Senate at its ordinary daily hour of adjournment, the Senate shall not adjourn but shall continue with the debate until the time provided for the same has expired or the debate is concluded, whereupon the Speaker shall put the question on the said motion and any standing vote requested in relation thereto shall stand deferred until 5:30 o'clock p.m. on the next sitting day.
Speaker to put question after three hours	(7) After not more than three hours of debate, the Speaker shall interrupt, if necessary, and put forthwith and successively every question necessary to dispose of the motion without permitting any further debate or amendment. Any standing vote requested in accordance withrule 65(3) in relation to any such question shall be subject to the provisions of rule 67.
Adjournment upon completion of debate	(8) If the Senate had previously completed consideration of the Orders of the Day for that sitting, after the debate on the motion is concluded and the question has been put, a motion to adjourn the Senate shall be deemed to have been moved and adopted.
Where orders of the day not previously concluded	(9) If the Senate had not previously concluded consideration of the Orders of the Day when the debate began on the motion, moved in accordance with the provisions of section (1) above, (a) when the time provided for the consideration of the said motion has expired or when the debate on the same has concluded, the Speaker shall forthwith put the question, whereupon the Senate shall resume the consideration of the Orders of the Day where that consideration was interrupted when the motion was moved; (b) the rules regarding the ordinary daily hour of adjournment shall be suspended thereafter for a period not to exceed the period taken during the consideration of the said motion for the purpose of considering the Orders of the Day; (c) if consideration of the Orders of the Day is concluded prior to the expiry of the period of time provided in sub-paragraph (b) above, the Speaker shall declare that a motion to adjourn has been deemed to have been moved and adopted and shall leave the Chair until the time provided for the next meeting of the Senate; and (d) not later than the expiry of the time provided in sub-paragraph (b) above, the Speaker shall interrupt the proceedings then before the Senate and declare that a motion to adjourn has been deemed to have been moved and adopted and shall leave the Chair until the time provided for the next meeting of the Senate.
Complaint against news media	45. A Senator complaining to the Senate of a statement in a newspaper, magazine, periodical, on radio or television or any form of public news media, as a breach of privilege, shall specify the matter complained of, the source thereof and the nature of the breach of privilege.
Quoting Commons speech	46. The content of a speech made in the House of Commons in the current session may be summarized, but it is out of order to quote from such a speech unless it be a speech of a Minister of the Crown in relation to government policy. A Senator may always quote from a speech made in a previous session.
Reading the question	47. Except when another Senator is speaking, a Senator may require the question under discussion to be read at any time during the debate.
Motions during debate	48. (1) When a question is under debate, a motion shall not be received unless it is a motion to amend the question, to refer the question to a committee, to adjourn the debate, to postpone the debate to a certain day, for the previous question, or for the adjournment of the Senate.
Previous question	(2) The previous question refers to a motion "that the original question be now put". Such a motion may be made on a main motion, or on a main motion as amended, but not on a motion for an amendment. When such a motion is put by the Speaker no motion to amend it is in order. It is debatable and Senators who have spoken on the main motion or on the main motion as amended may speak again to the previous question but may not move or second it. If the motion for the previous question carries, the Speaker must immediately put the original question without further debate. If the motion for the previous question is defeated, the main motion is dropped from the Orders of the Day. The previous question may not be moved in Committee of the Whole or in any select committee.
Motion to adjourn	49. (1) A motion to adjourn a debate on an item, other than an item of government business, shall be deemed to be a motion to postpone that debate to the day specified in the motion, or, if no day is specified, to the next sitting day. In either case, the said item shall stand on the Order Paper in the name of the Senator who moved the adjournment, or another Senator, if so indicated.
Motion to adjourn government item	(2) A motion to adjourn the debate on any item of government business shall be deemed to be a motion to postpone that debate to the next sitting day. In this case, the item shall not stand on the Orders of the Day or the Order Paper in any Senator's name and may be called pursuant to rule 27(1).
Senator called to order	50. A Senator called to order by the Speaker shall discontinue speaking and may not speak further, except on the point of order, until the point of order has been decided.
Objectionable speeches	51. All personal, sharp or taxing speeches are forbidden.
Redress of injured Senator	52. A Senator considering himself or herself offended or injured in the Senate, in a committee room, or in any of the rooms belonging to the Senate, may appeal to the Senate for redress.
Exceptionable words	53. (1) When a Senator is called to order for words spoken in debate, such Senator or any other Senator may demand that the exceptionable words be taken down in writing by the Clerk at the Table.
Retraction and apologies	(2) A Senator who has used exceptionable words and does not explain or retract the same or offer apologies therefor to the satisfaction of the Senate shall be dealt with as the Senate may think fit.
Senate intervention in disputes	54. The Senate may intervene to prevent the prosecution of any dispute between Senators arising out of a debate or proceeding in the Senate or in any Committee thereof.
Speaker addressing Senate	55. (1) The Speaker shall stand head uncovered when addressing the Senate.
Participation of Speaker in debate	(2) The Speaker may participate in any debate other than a debate on a point of order, or a question of privilege, on which the Speaker is required to render a decision.
Speaker to leave Chair	(3) If the Speaker participates in any debate in accordance with subsection (2) above, the Speaker shall leave the Chair and may call upon any Senator to preside as Speaker until the Speaker resumes the Chair.