Private Members’ Business

Introduction

Private Members’ Business consists of the consideration of bills and motions proposed in the House of Commons by Members of Parliament other than the Speaker, the Deputy Speaker, Ministers of the Crown and Parliamentary Secretaries. One hour of every sitting day is devoted to Private Members’ Business.

The current rules relating to the conduct of Private Members’ Business developed largely from recommendations of the Special Committee on the Reform of the House of Commons (the “McGrath Committee”), established in December 1984. Further modifications were implemented through succeeding decades in a continuing effort to enhance the opportunities for private Members to have their items considered.

An important change to Private Members’ Business, which occurred during Speaker Scheer’s tenure, was related to the substitution of items dropped from the Order Paper due to the fact that they were not preceded by a ways and means motion when one was needed. In February 2015, the Twenty-Eighth Report of the Standing Committee on Procedure and House Affairs was concurred in by the House and provided that the sponsor of such an item may, within five sitting days of the item being dropped, give written notice of his or her intention to have another item of Private Members’ Business added to the Order of Precedence.

The rulings included in this chapter deal with three issues: financial restrictions; the management of Private Members’ Business; and the admissibility of committee amendments.

Private Members’ bills are subject to restrictions arising from the financial prerogatives of the Crown which are exercised exclusively by Ministers on behalf of the Crown. The power to impose or increase a tax rests solely with the Government and any legislation to do so must be preceded by a ways and means motion, moved by a Minister. Therefore, a private Member cannot introduce bills that impose taxes. Similarly, any bill containing provisions for the spending of public funds must be accompanied by a recommendation from the Governor General, obtained by a Minister of the Crown. In 1994, the Standing Orders were amended to permit private Members to introduce bills requiring royal recommendations. However, no such bill may come to a vote at third reading unless a royal recommendation has been produced. In a statement on October 19, 2011, the Speaker outlined a practice by which items added to the Order of Precedence would be assessed for their need for a royal recommendation and Members were advised accordingly. On a number of occasions, he was required to rule on restrictions to Private Members’ Business arising from the financial prerogatives of the Crown.

In a statement on March 27, 2013, the Speaker invoked the authority of the Chair granted to manage Private Members’ Business in allowing Private Members’ Business to proceed despite it being 30 minutes past the time at which it would have ended pursuant to the Standing Orders.

Finally, on May 2, 2014, Speaker Scheer reaffirmed the authority of the Chair regarding the admissibility of amendments adopted at committee, finding that the amendments adopted with regard to Bill C-483, An Act to amend the Corrections and Conditional Release Act (escorted temporary absence), were within the scope and principle of the Bill.