The Decision-Making Process / Miscellaneous

April 10, 1997

Debates, p. 9541

On April 10, 1997, after the 180 minutes of debate provided for by Standing Order 73(1)(d), the Deputy Speaker (Peter Milliken) interrupted the proceedings to put the question on the motion to refer Bill C-92, An Act to amend the Income Tax Act, the Income Tax Application Rules and another Act related to the Income Tax Act, to a committee before second reading. A recorded division was demanded and the bells rang to call in the members. Immediately before the taking of the recorded division, Rene Laurin (Joliette) rose on a point of order to ask why the Chair had not accepted the official opposition’s request to defer the vote pursuant to Standing Order 45(5)(a)(ii). Mr. Laurin argued that the requirement for the Speaker to put the question did not nullify the official opposition whip’ s right to ask the Chair to defer the division. After hearing comments from other members, the Deputy Speaker ruled immediately.^[1]

The Deputy Speaker noted first, that Standing Order 45(3) stipulated that the bells are to ring for no more than 15 minutes when the Speaker has interrupted the proceedings to put the question, and second, that Standing Order 45(5)(a)(i) provided that a request to defer a division pursuant to Standing Order 45(5) can only be made if there is a 30-minute bell. The Deputy Speaker declared that he had not accepted the opposition whip’s request to defer the recorded division because it was out of order.

Decision of the Chair

The Deputy Speaker: I thank members of both sides of this House for their arguments on this point. I have looked at Standing Order 76, cited by the honourable member for Joliette, and considered the wording. Furthermore, I looked at the wording of Standing Order 45 to make a comparison, and I do not believe there is a difference between the English and the French versions of those Standing Orders.

It is provided in Standing Order 45(3) that:

When, under the provisions of any Standing Order or other order of the House, the Speaker has interrupted any proceeding for the purpose of putting forthwith the question on any business then before the House, the bells to call in the members shall be sounded for not more than fifteen minutes.

I interrupted the proceedings at the conclusion of 180 minutes in order to put the question immediately on a matter under discussion in the House, the division bells must have rung for 15 minutes at most.

Having done so, I refer the honourable member for Joliette and the Reform Party whip to Standing Order 45(5)(a)(i):

Except as provided in sections (3) and (6) of this Standing Order—

In other words, where section (3) applies there is no right to defer under Standing Order 45(5). Standing Order 45(5) applies to 30-minute bells, not 15-minute bells. On any 15-minute bell the only hope for deferral lies under Standing Order 45(7).

I urge honourable members to have regard to that fact. I did not permit the deferral of the division because I believed it was out of order and I so ruled.

P0403-e

35-2

1997-04-10