Precedence and Sequence of Business / Time Allocation Motion

Notice of motion

Debates pp. 4821-2

Background

On May 15, 1986, Mr. Gray (Windsor West) raised a point of order protesting the placing of a notice of motion for time allocation pursuant to Standing Order 82 under the rubric "Government Notices of Motions" on the Notice Paper. He argued that the appropriate heading would be "Motions", according to practice and also to Standing Order 36(1)(p), which, he claimed, set forth the proper place for consideration of motions relating to House business. The Speaker heard further argument and reserved his decision.

Issue

Can a written notice of motion for time allocation pursuant to Standing Order 82 appear on the Notice Paper under "Government Notices of Motions" rather than under" Motions"?

Decision

Yes. A written notice of motion for the allocation of time pursuant to Standing Order 82 may be placed on the Notice Paper under "Government Notices of Motions".

Reasons given by the Speaker

The only object of Standing Order 36 is to define which motions are debatable; it does not dictate their placement on the Order Paper. The Standing Orders are silent about how a motion for time allocation is to be moved. Since a time, allocation motion can only stand in the name of a Minister, it is a Government initiative and is properly placed under "Government Notices of Motions" if the Government so chooses.

If a Minister has given oral notice of such a motion, the Minister has complied with the prerequisite conditions of Standing Order 82. He or she then has two avenues: the motion for time allocation may be moved at the next sitting during Routine Proceedings, when "Motions" is called, without written notice; or the Minister may give the House 48 hours' written notice under "Government Notices of Motion", and the notice of motion can be called, once it has been transferred, under "Government Orders", at which time the debate would be limited pursuant to Standing Order 82.

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Sources cited

Standing Orders 9(1), 36, 49(2), 82.

Beauchesne, 5th ed., pp. 87-8, c. 268.

May, 20th ed., p. 296.

References

Debates, May 2, 1985, p. 4347; May 15, 1985, pp. 4769-71.