Private Members’ Business / Votable and Non-Votable Items

Item not designated as votable: appeal to the House; secret ballot vote

November 28, 2017

Debates, p. 15653

On November 23, 2017, the Speaker made a statement regarding the 46th Report of the Standing Committee on Procedure and House Affairs, presented to the House on Monday, November 20, 2017. The report designated Bill C-352, an act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels), standing in the name of Sheila Malcolmson (Nanaimo—Ladysmith), as non-votable. He informed the House that, pursuant to Standing Order 92(4), Ms. Malcolmson had appealed the committee’s decision by filing an appeal motion signed by her and five other members, representing a majority of the recognized parties in the House. The Speaker ordered that a vote by secret ballot be held on Tuesday, November 28, 2017, and Wednesday, November 29, 2017, on the motion to declare Bill C-352 votable.^[1] On November 27, Peter Julian (New Westminster—Burnaby) rose on a point of order requesting that the Speaker release the numeric results of the ballot and the names of the members who had voted. The Speaker indicated that, as neither the Standing Orders nor the House had authorized the Speaker to do this, he would get back to the House the following morning.^[2]

Resolution

On November 28, 2017, the Speaker made a statement on the manner in which the secret ballot votes would be conducted. He indicated that, as Standing Order 92 did not direct the Chair as to how to conduct the vote, the same secret voting process used for election of the Speaker would be followed, and the final result of the vote would be announced to the House at the opening of the sitting on November 30, 2017. He added that the Standing Committee on Procedure and House Affairs might wish to consider the matter and, if necessary, provide further direction to the Chair on the manner in which the result of the secret ballot should be revealed.

Statement of the Chair

The Speaker: The Chair wishes to make a brief statement on the manner in which the secret ballot vote will be conducted on the designation of Bill C-352, an act to amend the Canada Shipping Act, 2001 and to provide for the development of a national strategy (abandonment of vessels). In so doing, I also wish to address the point of order raised yesterday by the hon. member for New Westminster—Burnaby.

With regard to the voting process, members may obtain their ballot from the table officer seated on their side of the chamber. They will then be able to mark their ballots in secret at one of the two voting stations situated in the corridor behind the Speaker’s chair. Completed ballots are to be deposited in the ballot box which will be placed at the foot of the table.

During statements by members and oral questions, ballots will be distributed from the corridor behind the Speaker’s chair and the ballot box will also be placed there so as to not disrupt the proceedings.

With regard to the manner in which the results will be revealed, I am afraid that I cannot accept the argument made by the hon. member for New Westminster—Burnaby that this process should be treated differently from the only other analogous practice that exists in our Standing Orders, that for the election of the Speaker.

In that case, Standing Order 4(12) provides that all ballots and records of the number of preferences marked for any candidate are to be destroyed by the Clerk of the House. It also instructs the Clerk to in no way reveal the number of preferences marked for any candidate.

Standing Order 92 does not provide any direction to the Chair which would cause it to depart from that now established practice. Accordingly, when the two days of voting have been completed, the table officers will count the ballots and provide me with the final result, not the number of members voting for or against the motion.

I will then provide that result to the House at the opening of the sitting on Thursday, November 30.

The Standing Committee on Procedure and House Affairs may wish to consider this matter and if it deems necessary, provide further direction to the Chair with regard to the manner in which the result of the secret ballot is revealed.

Pursuant to Standing Order 92(4), I now direct that the vote on the designation of Bill C-352 commence.

I thank hon. members for their attention.

Postscript

On November 30, 2017, the Speaker informed the House of the results of the secret ballot vote and declared the motion in relation to the designation of Bill C-352 negatived. Accordingly, the bill was declared non-votable.^[3]

Editor’s Note

This was the first occasion upon which an appeal regarding the decision of the Standing Committee on Procedure and House Affairs was filed under the provisions of Standing Order 92(4), and the first instance of a secret ballot on the appeal being held.