Points of Order

A point of order is an intervention by a Member who believes that the rules or customary procedures of the House have been incorrectly applied or overlooked during the proceedings. Members may rise on points of order to bring to the attention of the Chair any breach of the relevance or repetition rules, unparliamentary remarks, or a lack of quorum.262 They are able to do so at virtually any time in the proceedings, provided that the point of order is raised and concisely argued263 as soon as the irregularity occurs.264 Points of order respecting procedure must be raised promptly and before the question has passed to a stage at which the objection would be out of place. As a point of order concerns the interpretation of the rules of procedure, it is the responsibility of the Speaker to determine its merits and to resolve the issue.265

Although Members frequently rise claiming a point of order, genuine points of order rarely occur. Indeed, points of order are often used by Members in attempts to gain the floor to participate in debate; in such cases, the Speaker will not allow the Member intervening to continue.266 One point of order must be disposed of before another one is raised. Should a point of order be raised during consideration of a question of privilege, the point of order will usually be given precedence until the Chair has determined whether or not a rule has been breached and the matter settled.267 On occasion, the Speaker has refused to hear a point of order during the consideration of a question of privilege.268 The necessity to respond to disorder either on the floor or in the galleries would oblige the Speaker to put aside a point of order temporarily.

Raising a Point of Order

Any Member can interrupt a Member who has the floor of the House during debate and bring to the Chair’s attention a procedural irregularity the moment it occurs, in which case the Member who has the floor resumes his or her seat until the matter is resolved or disposed of.269 When recognized on a point of order, a Member should state only which Standing Order or practice the Member considers to have been breached; if this is not done, the Speaker may request that the Member do so.

Under the Standing Orders, a brief presentation of arguments on the point of order is possible at the Speaker’s discretion.270 This rule was carried over at Confederation from the Legislative Assembly of the Province of Canada.271 Many Members interpreted the rule to mean that any question of order was to be discussed before the Speaker ruled. In fact, the practice and rule did not coincide until 1906, when the rule was amended to legitimize the custom of allowing an exchange of arguments on points of order at the discretion of the Speaker.272 In the early 1980s, there were increasingly prolonged discussions on points of order, and Chair Occupants felt compelled to intervene and sometimes to refuse to recognize Members on points of order.273 Despite pressure from Members, successive Speakers relied more and more on the literal meaning of the Standing Order, and while still allowing debate on points of order, limited it considerably. When a point of order is raised during a speech, the Speaker will decide whether the intervention is included in the amount of time allotted for that particular speech or for the stage of debate.274

There are numerous exceptions to the rule that a point of order must be raised at the moment a procedural irregularity occurs. Points of order arising out of the debate on the adjournment motion (Adjournment Proceedings) are taken up on the next sitting day.275

Points of order arising out of Question Period or the time set aside for Statements by Members are usually delayed until after Question Period.276 From Confederation until 1975, it was the practice of the House for points of order to be raised as soon as the procedural irregularities on which they were based occurred, including during Question Period.277 In 1975, however, as part of a reform in the sequencing of House business and the conduct of Question Period, the House agreed that points of order should not be raised during Question Period.278 Although the decision of the House in this regard resulted only in a provisional understanding, successive Speakers upheld its spirit, despite strong objections from Members, even after it ceased to be in effect in October 1977, when the House declined to make certain sessional orders permanent. The Speaker nevertheless continued the new practice.279 The condition was also applied, in 1982, to the time for Statements by Members.280 The practice was finally codified in the Standing Orders in 1986.281 If a Member rises on a point of order during Statements by Members or Question Period, the Speaker advises that he will hear the Member after Question Period.282

Any other matter being raised as a point of order should be brought to the Speaker’s attention after Routine Proceedings (held at 10:00 a.m. on Tuesday and Thursday, at 3:00 p.m. on Monday and Wednesday, and at noon on Friday),283 although the Speaker now also invites Members to raise such points of order following Question Period.

A Member may not direct remarks to the House or engage in debate by raising a matter under the guise of a point of order.284 A Member may not rise on a point of order to move the adjournment of the House,285 the adjournment of debate, the extension of the sitting,286 or to proceed to the Orders of the Day.287 In addition, Members may not rise on a point of order during a quorum count.288 Despite the rule that Members may not rise on a point of order to move a substantive motion,289 Members frequently rise on points of order to seek the unanimous consent of the House to move such a motion.290 During Routine Proceedings, Members have been permitted to rise on points of order to ask about the status of a question on the Order Paper291 or of a notice of motion for the production of papers.292 Members have also risen on points of order to seek unanimous consent to extend the time for questions and comments following a speech293 or to proceed to Private Members’ Business before the designated hour.294

A Minister may rise on a point of order at any time during a sitting to table a notice of a ways and means motion, although the Chair has suggested that such notices should be tabled at the end of Government Orders and before the start of Private Members’ Business hour, or after a Member has resumed his or her seat and before another Member is recognized during debate.295 A Minister may also rise on a point of order at any time during the proceedings to give oral notice of a time allocation296 or closure297 motion.

A point of order may be raised after debate has concluded but before the Speaker puts the question, or after the vote has been taken, but a Member may not interrupt the Speaker when he or she is putting the question to the House.298 There have been occasions when the Chair was obliged to refuse points of order either after calling in the Members for a vote or before declaring the result of the division.299 If attention is called to a breach of order during the course of a division, the division is completed before the point of order is dealt with.300 Points of order relating to a vote are typically raised immediately after the announcement of the result of the vote.301

Ruling on a Point of Order

The Speaker has the duty to preserve order and decorum and to decide any matter of procedure that may arise.302 The Chair is bound to call the attention of the House to an irregularity in debate or procedure immediately, without waiting for the intervention of a Member. In addition, the Speaker decides questions of order only once they have arisen and not in anticipation. Hypothetical queries on procedure cannot be addressed to the Speaker nor may constitutional questions or questions of law.303

When a point of order is raised, the Speaker attempts to rule on the matter immediately. However, if necessary, the Speaker may take the matter under advisement and come back to the House later with a formal ruling.304 In doubtful cases, the Speaker may also allow discussion on the point of order before coming to a decision or take the matter under advisement, but the comments must be strictly relevant to the point raised.305 When a decision on a question of order is reached, the Speaker supports it with quotations from the Standing Orders or other authorities, or simply by citing the number of the applicable Standing Order.306 Once the decision is rendered, the matter is no longer open to debate or discussion and the ruling may not be appealed.307 A Member may not rise on a point of order to discuss a matter which the Speaker has already ruled was not a question of privilege308 or to raise a matter as a question of privilege after the Speaker has ruled that it was not a point of order.309