Precedence and Sequence of Business / Notice of Ways and Means Motion

September 11, 1985

Debates p. 6498

On September 9, 1985, Mr. Hnatyshyn (President of the Privy Council) rose on a point of order during debate on Bill C-49 (Act to amend the Criminal Code (prostitution)). Mr. Hnatyshyn explained that he wished to table notice of a Ways and Means motion, pursuant to Standing Order 65. Mr. Robinson (Burnaby) raised a point of order to inquire whether this could be done without the unanimous consent of the House. The Acting Speaker (Mr. Charest) stated that the procedure was correct according to Standing Order 65(1) and (2), which permits a Minister to table such a notice at any time. Mr. Robinson objected that the President of the Privy Council had not been in possession of the floor, a concern shared by Mr. Gauthier (Ottawa—Vanier), who maintained that it was unacceptable to interrupt another Member for this purpose, and requested that the Chair consider the matter so as not to create a precedent. The following day Mr. Gauthier raised the matter again. He contended that since a Member could not use a point of order to obtain the floor for the purpose of moving an adjournment motion, a Minister should not be allowed to do so in order to table documents. The Speaker ruled the next day.

Issue

Can a Minister, rising on a point of order, interrupt another Member to table notice of a Ways and Means motion?

Decision

Yes. The Minister's action was in order.

Reasons given by the Speaker

The Minister has neither contravened the practices of the House nor set a precedent. A precedent occurred on December 11, 1973, when a similar motion was tabled by means of a point of order. The Standing Orders permit a Minister of the Crown to table Ways and Means motions at any time during a sitting regardless of the matter then before the House. Some difficulty arises, however, in interpreting the words "at any time" in the absolute; it would not, for instance, be proper to table a Ways and Means motion during Question Period. In future, it would be preferable to table such notices at the end of Government Orders and before Private Members' Business, or after a Member has resumed his or her seat and before another Member is recognized for debate.