Chapter 21Private Members’ Business
Private Members’ Hour
Private Members’ Business is considered for one hour every sitting day, as follows:
- Monday: 11:00 a.m. to noon;
- Tuesday, Wednesday and Thursday: 5:30 p.m. to 6:30 p.m.; and
- Friday: 1:30 p.m. to 2:30 p.m.155
At the beginning of a Parliament, Private Members’ Business is cancelled until the List for the Consideration of Private Members’ Business and the order of precedence have been established, and the report of the Standing Committee on Procedure and House Affairs indicating those items which remain votable has been presented to the House.156 Once the report of the Committee has been presented, Private Members’ Business begins two days later.157
The order of precedence for Private Members’ Business indicates to all Members when particular items are expected to be taken up for consideration. However, because Private Members’ Business may not take place for a number of reasons, and because the Speaker is obliged to “make all arrangements necessary to ensure the orderly conduct of Private Members’ Business”, an additional notice is required by the Standing Orders. The Speaker must give Members at least 24-hours’ notice before an item in the order of precedence can be considered. This notice is published in the Notice Paper.158 If no notice is published, then Private Members’ Business is cancelled that day and the House continues with whatever business was previously before it.159 When Private Members’ Business is cancelled on a Monday, as it is the first order of business of the sitting, the House proceeds to consider Government Orders at 11:00 a.m.160 During Private Members’ Hour, items in the order of precedence are considered in the order in which they are listed and normally only one item is considered each day.161
Exchange of Items
If the sponsor of an item is unable to move his or her motion on the day set by the order of precedence and has given the Speaker at least 48-hours’ written notice, the Speaker may arrange to exchange the position of the sponsor’s item with that of another Member in the order of precedence, with the permission of the Members involved.162
However, consideration of an item cannot be moved ahead through an exchange if:
- The Standing Committee on Procedure has not yet reported to the House whether or not the item is votable.163
- It has been designated non-votable in a report presented to the House by the Standing Committee on Procedure and House Affairs, but the appeal process is not complete or the sponsor has not yet waived the right to appeal.164
In addition, a private Member’s motion or a private Member’s bill at second reading cannot be exchanged unless 10 sitting days have elapsed between the first hour and second hour of debate.165
Where an exchange is sought by a Member, the Speaker attempts to find another Member willing to switch dates for the consideration of his or her item. If no exchange is possible, Private Members’ Hour is cancelled for that day; the House continues with the business before it,166 and the Member’s item is consequently dropped to the bottom of the order of precedence and marked with an asterisk.167 If Private Members’ Hour is cancelled on a Monday, the House takes up Government Orders during that time.168
Once an item is marked with an asterisk, its sponsor may not request an exchange, although the sponsor may accept an exchange requested by another Member. Furthermore, if the sponsor fails to move the item the next time it reaches the top of the order of precedence, thereby causing the cancellation of a second Private Members’ Hour, then the item is dropped from the Order Paper.169 The asterisk marks the item concerned as long as it remains on the Order Paper, including for subsequent stages of the legislative process if it is a bill.
Members sponsoring items on which debate has previously begun (motions, bills at second reading, report stage or third reading) may request an exchange, but if an exchange is not possible, debate on their item will proceed nonetheless. If the sponsor is not present, the sponsor will lose the five-minute right of reply at the end of the debate.
Cancellations
Although Private Members’ Hour is regularly scheduled for each day that the House sits, there are some situations when it may be cancelled or not take place. The cancellation of the hour has been a matter of concern to the House ever since the adoption of the modern rules relating to Private Members’ Business in 1986.170
The consideration of Private Members’ Business may be cancelled or not take place for a number of reasons:
- There is no Private Members’ Business until the List for the Consideration of Private Members’ Business and the order of precedence have been established, and the initial report of the Standing Committee on Procedure and House Affairs indicating those items which remain votable has been presented to the House.171
- Should Members not have 24-hours’ notice of the item to be considered during Private Members’ Hour, the Speaker will advise the House that Private Members’ Business will not take place; the House will continue with, or revert to, the business before it prior to the time designated for Private Members’ Business.172
- If the Member scheduled to move an item gives written notice that the Member will be unable to do so on the day scheduled and no exchange of items is possible, Private Members’ Business will not take place and the House will continue with the business before it prior to Private Members’ Hour. The item is also dropped to the bottom of the order of precedence and marked with an asterisk.173
- If, at the beginning of Private Members’ Business, the sponsor of an item set for consideration is not present to move the item and has failed to provide the necessary notice, the rest of the hour is cancelled. On Mondays, the sitting of the House is suspended for the duration of Private Members’ Hour. On Tuesdays, Wednesdays, Thursdays and Fridays, the House proceeds immediately to the Adjournment Proceedings or adjourns. The item is dropped to the bottom of the order of precedence and marked with an asterisk.174
- If, at the beginning of Private Members’ Business, the sponsor of an item set for consideration declines to move the item, the rest of the hour is cancelled. On Mondays, the sitting of the House is suspended for the rest of Private Members’ Hour. On Tuesdays, Wednesdays, Thursdays and Fridays, the House proceeds immediately to the Adjournment Proceedings or adjourns. The item is therefore not proceeded with and is dropped from the Order Paper.175
- Private Members’ Business does not take place if debate does not begin by 30 minutes after the time Private Members’ Hour would have ordinarily ended. After consulting the sponsor of the item and the recognized political parties, the Speaker attempts to reschedule the debate within the next 10 sitting days so that no more than one adjournment period passes. The debate takes place as an extra hour of Private Members’ Business.176
- There is no Private Members’ Business on the day of the presentation of the Speech from the Throne.177
- Private Members’ Business does not take place when, during the course of a session, the House must elect a new Speaker. The scheduled item does not lose its place in the order of precedence.178
- Private Members’ Business does not take place on any day designated for the presentation of the budget, if the presentation is scheduled to take place prior to Private Members’ Hour.179 The scheduled item does not lose its place in the order of precedence.180
- On the last supply day in June, except if it falls on a Monday, the consideration of Private Members’ Business is cancelled in order to allow more time to consider and dispose of the main estimates. The scheduled item does not lose its place in the order of precedence.181
- Private Members’ Business is cancelled if the House is debating a motion related to a prima facie question of privilege. The scheduled item does not lose its place in the order of precedence.182
- To ensure that the government is not prevented in any way from introducing its legislation, the Standing Orders provide that the House complete “Introduction of Government Bills” at every sitting, even if it means cancelling all or part of Private Members’ Hour. If proceedings under “Introduction of Government Bills” have not been completed on a Tuesday or Thursday prior to Statements by Members, Routine Proceedings will continue immediately after Question Period until the completion of all items under “Introduction of Government Bills”.183 Private Members’ Business is therefore delayed or cancelled, as the case may be. If the hour is cancelled, the item scheduled for that day does not lose its place in the order of precedence. The provisions in the Standing Orders adding an extra hour of Private Members’ Business to another day do not apply.184
- Private Members’ Business is cancelled when a Minister moves a motion in relation to a matter the government considers to be of an urgent nature, and debate subsequently takes place during the time scheduled for Private Members’ Business.185 The item does not lose its place in the order of precedence. If such a motion is moved during Private Members’ Hour, only the remaining time allotted for consideration of the item being debated is not used for that purpose.186 If the maximum one hour of debate allowed on the motion extends into Private Members’ Hour, then the beginning of Private Members’ Hour is delayed.187
- Private Members’ Business is not taken up when a motion to adjourn the House is adopted prior to the beginning of Private Members’ Hour. The scheduled item does not lose its place in the order of precedence.188
- Private Members’ Business is not taken up when the House adjourns due to a lack of quorum prior to the beginning of Private Members’ Hour. The scheduled item does not lose its place in the order of precedence.189
- Private Members’ Business, or the remainder thereof, does not take place when the House adjourns due to a lack of quorum during Private Members’ Hour. A votable item is dropped to the bottom of the order of precedence while a non-votable item is dropped from the Order Paper.190
- Private Members’ Business does not take place if an emergency debate begins prior to Private Members’ Hour. The Speaker reschedules the debate, where possible and so that no more than one adjournment period passes, within the next 10 sitting days as an extra hour of Private Members’ Business.191
Generally, when Private Members’ Business is not taken up at all on a Monday owing to a previously known cancellation of proceedings, the House takes up Government Orders during the time designated for Private Members’ Business.192
Delays and Interruptions
If Private Members’ Hour is delayed or interrupted for any reason, the debate on the item of business before the House is then extended or rescheduled so that no time is lost.193 When the beginning of Private Members’ Hour is delayed because of a recorded division194 or a question period on a time allocation motion or a closure motion,195 or if Private Members’ Business is interrupted so that Members may attend the Royal Assent ceremony in the Senate Chamber,196 or by an emergency alarm,197 then Private Members’ Hour is extended by the amount of time that was lost. Similarly, when the time provided for Government Orders has been extended by 90 minutes or less because of a ministerial statement, the start of Private Members’ Hour will be delayed by a corresponding amount of time.198 If debate on Private Members’ Business does not begin or resume by 30 minutes after the time Private Members’ Business would have ordinarily ended, the time is added to another sitting.199
Rescheduling of Debate
The rescheduling of Private Members’ Hour due to a delay or interruption is done at the discretion of the Speaker within 10 sitting days, to the extent possible, and after consultation.200 No more than one adjournment period as provided in the parliamentary calendar may intervene in the rescheduling of the debate.201 The rescheduled business is considered during an additional Private Members’ Hour, which is added to the daily schedule of the House, normally after the ordinary time of daily adjournment.202
The regular 24-hours’ notice of the item to be considered is given to the House. The notice is published in the Notice Paper on the day the additional debate is to take place.203 The Order Paper entry referring to the rescheduled debate, or to a debate waiting for rescheduling, appears immediately before the list of “Items in the Order of Precedence”.204
On days when Private Members’ Business has been rescheduled, the Adjournment Proceedings are delayed by the amount of time required to complete the rescheduled debate.