Private Members’ Business

Video: Participating in Private Members' Business

Private Members’ Bills

Private members’ bills fall into two categories: public bills and private bills. Public bills (the vast majority) deal with matters of public policy under federal jurisdiction. Private bills concern matters of a private nature or of special interest to specific corporations and individuals. Private bills are less common and are usually first introduced in the Senate.

A private member’s bill (as opposed to a government bill) is usually drafted with the assistance of legislative counsel in the Office of the Law Clerk and Parliamentary Counsel to ensure that the text conforms to statutory law.

Under the Constitution, bills that propose the expenditure of public funds must be accompanied by a royal recommendation, which can only be obtained by the government and presented by a minister. A private member can introduce a public bill containing provisions requiring the expenditure of public funds, provided that a royal recommendation is obtained by a minister before the bill is read a third time and passed.

A private member’s bill cannot impose, increase or extend the application of a tax, but it can impose or increase an exemption from taxation.

On the day the member decides to introduce a bill in the House, they are allowed to give a brief explanation of its purpose without engaging in debate. The motion for first reading is then deemed carried without debate, amendment or question put.

Debate on the general scope of a bill takes place at second reading. Debate must focus on the principle of the bill and not on its specific provisions. When a private member’s bill is agreed to at second reading, it is referred to a committee for study. After it has considered the bill, the committee reports it back to the House, with or without amendment. The bill returns to the House for concurrence at report stage and third reading.

Motions

A private member’s motion typically proposes that the House declare its opinion on some topic or that it order a certain course of action to be taken, either by the House itself or by one of its committees or officers.

Private members’ motions are used to introduce a wide range of issues and are framed either as orders or resolutions, depending on their intent. Motions that propose a declaration of opinion or purpose, without ordering or requiring a particular course of action, are considered resolutions. The government is not bound to adopt a specific policy or pursue a course of action as a result of the adoption of such a resolution since the House is only stating its opinion or making a declaration of purpose. Motions, the object of which is to give a direction to committees, members or officers of the House or to regulate House proceedings, are considered orders once adopted by the House.

No motion sponsored by a member who is not a minister can contain provisions for either raising revenue or spending funds, unless it is worded in terms that only suggest a certain course of action to the government. A private member may choose to move a motion proposing the expenditure of public funds as an alternative to a bill that might require a royal recommendation, provided that the terms of the motion only suggests this course of action to the government without ordering or requiring it to do so.

Video: Bills and Motions

Notices of Motions for the Production of Papers

A notice of motion for the production of papers is a request that the government compile or produce certain papers or documents and table them in the House.

A motion of this type, if adopted, becomes either an order that the government table certain documents in the House or an address to the Governor General requesting that certain papers be sent to the House.

Such motions may only be moved on Wednesdays under the rubric “Notices of Motions for the Production of Papers.” Members may only select a motion as Private Members’ Business once it has been moved and transferred for debate by a sponsoring member or Minister.

List for the Consideration of Private Members’ Business and the Order of Precedence

At the beginning of the first session of a Parliament, the names of all members are placed in a random draw to establish the list for the consideration of Private Members’ Business.

On the 20th sitting day following the draw, the order of precedence is established by transferring to it the names of the first 30 eligible members on the list for the consideration of Private Members’ Business.

After the transfer of the first 30 names, the order of precedence is replenished when necessary by adding the names of the next 15 members on the list who have an eligible bill or motion.

The list for the consideration of Private Members’ Business and the order of precedence continue from session to session, pursuant to Standing Order 86.1.

Once a member and their eligible item from the Order Paper or Notice Paper is placed in the order of precedence, they can begin the process for their item of Private Members’ Business.

Votable and Non-votable Items of Private Members’ Business

All items (bills and motions) of Private Members’ Business are deemed votable by default. Members who do not want their item to come to a vote must inform the Clerk of the House in writing.

The Subcommittee on Private Members’ Business may decide that an item is non-votable according to the criteria of the House. If the member disagrees with the subcommittee’s decision, they can challenge it before the Standing Committee on Procedure and House Affairs. There is also a process of last resort, in which the member may appeal to the House. The member can also choose to substitute another bill or motion if they waive their right to appeal.

Private Members’ Hour

Private Members’ Business is considered for one hour every sitting day. At the beginning of a Parliament, Private Members’ Business is suspended until the order of precedence has been established.

During Private Members’ Hour, items on the order of precedence are considered in the order in which they are listed. One item is usually considered each day.

If the sponsor of an item cannot move their motion on the day set by the order of precedence, an exchange may be arranged with another member on the order of precedence, provided that the notice periods are respected.

Time Limits on Debates on Items of Private Members’ Business

Private Members’ bills are entitled to two hours of debate at second reading and to two hours of debate at report stage and third reading. Votable motions are also entitled to two hours of debate.

Non-votable items, including those on which an appeal was lost, receive only one hour of debate.

The Standing Orders set out specific time limits for dealing with private members’ bills at committee stage. The committee must report the bill back to the House, with or without amendment, within 60 sitting days following the order of reference to the committee. The committee may request a one-time extension of 30 additional sitting days to consider the bill or it may recommend that the bill not be proceeded with further. Should the committee fail to present a report within the prescribed period, the bill is deemed to have been reported without amendment.

Votes on Items of Private Members’ Business

When the time for debate on a votable item has expired, the Speaker puts the question on the item to the House. At this moment, any member participating in person may ask that the motion be “carried” or “carried on division.” If a member of a recognized party participating in person requests a recorded vote, it is automatically deferred to the next Wednesday that the House sits, at the end of the time provided for Oral Questions, following the votes deferred at that time.

The voting process is hybrid, allowing members to participate in person or remotely. During a recorded vote on Private Members’ Business, the process starts with the sponsor, if they are physically present or connected remotely. Next, in-person votes are taken row-by-row. Members voting remotely have 10 minutes to submit their vote on the motion electronically, starting from when the Speaker has finished reading the motion to the House.

Effects of Prorogation on Private Members’ Business

Unlike items of Government Business, items of Private Members’ Business continue from session to session. Pursuant to the Standing Orders, items of Private Members’ Business are automatically reinstated at the stage they had completed at the time of prorogation. However, items of Private Members’ Business cease to exist with the dissolution of Parliament and can be resubmitted for consideration once a new House of Commons commences sitting.