Rules of Debate - Order and Decorum / Miscellaneous

May 29, 1984     

Debates pp. 4175-6

When the House proceeded to the consideration of Private Members' Business, Mr. Baker (Gander—Twillingate) rose on a point of order. Mr. Baker pointed out that the substance of Private Members' motion No.106 in the name of Mr. Young (Beaches), which was to be debated, was similar to Bill C-204, an Act to declare Canada a Nuclear-Weapon-Free Zone which had been defeated, and to Bill C-203, an Act to declare Canada a Nuclear Weapons Free Zone which was still on the Order Paper. The Acting Speaker (Mr. Herbert) noted that while the motion before the House was essentially the same as the bills, he would allow Mr. Young to complete his remarks while the Chair considered the matter. After Mr. Young had addressed the House, the Acting Speaker gave his ruling.

Issue

Can the House debate a motion similar in substance to a bill already decided upon during the same session?

Decision

Yes. Such a motion can be debated.

Reasons given by the Acting Speaker

Erskine May's Twentieth Edition, page 379, notes that it is unlikely that a motion and a bill could substantially raise the same question. "A motion can do no more than affirm in general terms the desirability of legislation while a bill is likely to contain qualifying provisions and conditions, sufficient to differentiate its subject-matter from that of a motion. In any case a bill and a motion have different purposes.

In as much as the motion which is before the House contains the key words "in the opinion of this House, the Government should consider the advisability of", and under those circumstances it is just an expression of opinion of the House, the Chair has no difficulty in allowing debate to continue on the motion.