Rules of the Senate
Rules of the Senate
Table of Contents
Rule | Description |
CHAPTER ONE: APPLICATION OF RULES AND PRACTICES |
|
1-1(1) | Primacy of Rules |
1-1(2) | Unprovided cases |
1-2 | Privileges unaffected |
1-3(1) | Suspension of a rule |
1-3(2) | Explanation of suspension |
CHAPTER TWO: THE SPEAKER, ORDER AND DECORUM |
|
The Speaker | |
2-1(1) | Speaker’s duties |
2-1(2) | Ethics and Conflict of Interest Code for Senators |
2-2 | Speech from the Throne reported |
2-3 | Participation of Speaker in debate |
2-4(1) | When Speaker leaves the chair |
2-4(2) | Absence of Speaker |
2-4(3) | Acts valid |
Speaker’s Rulings | |
2-5(1) | Arguments |
2-5(2) | Explanation of rulings |
2-5(3) | Appeals of rulings |
Order and Decorum | |
2-6(1) | Interruption of proceedings |
2-6(2) | Suspension of sitting |
2-7(1) | When Speaker in the chair |
2-7(2) | When Speaker rises |
2-7(3) | When Speaker addresses the Senate |
2-7(4) | Senator called to order |
2-7(5) | When Speaker leaves the chamber |
2-7(6) | Speaker may leave the chair |
2-8 | Disruption during sitting |
2-9(1) | Disputes between Senators |
2-9(2) | Redress of grievance |
Distinguished Visitors, Invited Persons and Strangers | |
2-10 | Former Senators and current members of House of Commons |
2-11 | Distinguished visitors |
2-12(1) | Participation of ministers in chamber |
2-12(2) | Rules and practices apply |
2-13(1) | Strangers ordered to withdraw |
2-13(2) | Prior motion not required |
2-13(3) | Clearing of galleries |
CHAPTER THREE: SITTINGS OF THE SENATE |
|
Sittings | |
3-1(1) | Ordinary time of meeting |
3-1(2) | Adjournment Friday to Monday |
3-2(1) | Speaker enters chamber |
3-2(2) | Bells ring before meeting |
3-2(3) | Lack of quorum at time of meeting |
Interrupted Business | |
3-3(1) | Evening suspension at 6 p.m. |
3-3(2) | Voting at 6 p.m. |
3-4 | Ordinary time of adjournment |
3-5(1) | Item under debate at adjournment |
3-5(2) | Orders of the Day not disposed of at adjournment |
Adjournment periods | |
3-6(1) | Recall of Senate during adjournment |
3-6(2) | Adjournment extended |
3-6(3) | Notification of recall or extension |
3-6(4) | Non-receipt of notification |
3-6(5) | Recall of extension if Speaker absent |
Quorum | |
3-7(1) | Quorum of 15 |
3-7(2) | Bells for quorum call |
3-7(3) | Lack of quorum during sitting |
3-7(4) | Business adjourned if lack of quorum |
CHAPTER FOUR: ORDER OF BUSINESS |
|
Prayers | |
4-1 | Prayers |
Senators' Statements and Tributes | |
4-2(1) | Senators' Statements |
4-2(2) | 15 minutes for Senators' Statements |
4-2(3) | Senators' Statements limited to three minutes each |
4-2(4) | Priority to oral notice of question of privilege |
4-2(5)(a) | Subject matter of Senators' Statements |
4-2(5)(b) | Limitation on Senators' Statements |
4-2(6) | No debate during Senators' Statements |
4-2(7) | No motions during Senators' Statements |
4-2(8)(a) | Extending time for Senators' Statements |
4-2(8)(b) | Evening suspension delayed when Senators' Statements extended |
4-3(1) | Tributes |
4-3(2) | Tributes limited to three minutes each |
4-3(3) | No leave to extend tributes |
4-3(4) | Acknowledgements of tributes |
4-3(5) | Tributes in publications |
4-3(6) | No bar to other tributes |
4-4(1) | Emergency debate request instead of Senators' Statements |
4-4(2) | When tributes or notice of a question of privilege |
Routine Proceedings | |
4-5 | Routine Proceedings |
4-6(1) | Standing votes deferred during Routine Proceedings |
4-6(2) | Dilatory and procedural motions during Routine Proceedings |
Question Period | |
4-7 | Start of Question Period and limit of 30 minutes |
4-8(1) | Oral questions |
4-8(2) | No debate during Question Period |
4-8(3) | Supplementary questions |
4-9 | Oral questions answered in writing |
Written Questions and Delayed Answers | |
4-10(1) | Written questions |
4-10(2) | Replies to written questions |
4-10(3) | Delayed Answers |
Points of Order and Questions of Privilege | |
4-11(1) | Points of order relating to Routine Proceedings or Question Period |
4-11(2) | Questions of privilege relating to Routine Proceedings or Question Period |
4-11(3) | Points of order and questions of privilege not allowed during Routine Proceedings or Question Period |
Orders of the Day and Notices | |
4-12 | Orders and notices called after Question Period |
4-13(1) | Priority of Government Business |
4-13(2) | Consideration of Government Business |
4-13(3) | Ordering of Government Business |
4-14 | Consideration of Other Business |
4-15(1) | Item not disposed of |
4-15(2) | Items dropped after 15 sitting days without being considered |
4-15(3) | Limit on adjourning debate in own name after speech started |
4-16(1) | Orders of the Day to be called at 8 p.m. or noon |
4-16(2) | Possible interruption at 8 p.m. or noon |
CHAPTER FIVE: NOTICES, MOTIONS AND INQUIRIES |
|
Giving Notice | |
5-1 | Notice given orally and in writing |
5-2 | Subject of inquiry – restriction |
5-3 | Notice for absent Senator |
5-4 | Objectionable notice |
Notice Periods | |
5-5 | One day's notice for certain motions |
5-6(1) | Two days' notice for certain motions |
5-6(2) | Two days' notice for inquiries |
5-7 | No notice required |
Motions and Inquiries | |
5-8(1) | Debatable motions |
5-8(2) | Inquiries debatable |
5-8(3) | Non-debatable motions |
5-9 | Preambles – restriction |
5-10(1) | Withdrawal or modification of a motion or an inquiry |
5-10(2) | Withdrawal of notice of a motion or of an inquiry |
5-11 | Motions to be seconded |
5-12 | No motions on resolved questions, five days' notice for rescission |
Motions to Adjourn the Senate | |
5-13(1) | Motion to adjourn always in order |
5-13(2) | Who may move motion to adjourn |
5-13(3) | Motion to adjourn put immediately |
5-13(4) | Standing vote on motion to adjourn |
5-13(5) | More than one motion – restriction |
CHAPTER SIX: RULES OF DEBATE |
|
Recognition in Debate | |
6-1 | Recognition by the Speaker |
6-2(1) | Senators to speak only once |
6-2(2) | Clarification in case of misunderstanding |
Speaking Time | |
6-3(1) | Time limits for speakers |
6-3(1)(a) | Leaders |
6-3(1)(b) | Sponsor of bill |
6-3(1)(c) | Critic of bill |
6-3(1)(d) | Others |
6-3(2) | Speeches to be time by Clerk |
Process of Debate | |
6-4(1) | One Senator to speak at a time |
6-4(2) | Motion to hear another Senator |
6-4(3) | If motion to hear another Senator adopted |
6-5(1) | Yielding to another Senator for debate |
6-5(2) | Yielding for debate counts as speaking |
6-5(3) | Yielding to another Senator for questions |
6-6 | Quoting Commons speeches |
6-7 | Reading the question |
6-8 | Motion |
6-9(1) | Previous question |
6-9(2) | Application of previous question |
6-9(3) | No previous question in committee |
6-9(4) | Speaking after previous question moved |
6-9(5) | Adopting previous question |
6-9(6) | Defeating previous question |
6-10(1) | Motion to adjourn Government Business |
6-10(2) | Motion to adjourn Other Business |
6-11 | Mover or seconder may speak later |
6-12(1) | Right of final reply |
6-12(2) | Exception to right of final reply |
6-12(3) | Closing debate |
Unparliamentary language | |
6-13(1) | Objectionable speech |
6-13(2) | Unparliamentary language |
6-13(3) | Retractions and apologies |
CHAPTER SEVEN: TIME ALLOCATION |
|
With Agreement | |
7-1(1) | Agreement to allocate time |
7-1(2) | Motion on agreement to allocate time |
7-1(3) | Question on agreement to allocate time put immediately |
Without Agreement | |
7-2(1) | No agreement to allocate time |
7-2(2) | Notice of motion to allocate time |
7-2(3) | Motion to allocate time made an order of the day |
7-2(4) | Only one stage of a bill |
7-2(5) | Content of motion to allocate time |
Debate on Motions to Allocate Time | |
7-3(1) | Procedure for debate on motion to allocate time |
7-3(2) | Resuming debate on motion to allocate time after evening suspension |
Time-Allocated Government Order of the Day | |
7-4(1) | Government order to which time is allocated |
7-4(2) | Debate to continue beyond ordinary time of adjournment and no evening suspension |
7-4(3) | Debate on time-allocated government item resumes if interrupted for deferred vote |
7-4(4) | Debate on time-allocated government item resumes if interrupted for other items of business |
7-4(5) | Question put on time-allocated order |
7-4(6) | Automatic adjournment in certain cases |
CHAPTER EIGHT: EMERGENCY DEBATES |
|
Request for Emergency Debate | |
8-1(1) | Raising a matter of urgent public interest |
8-1(2) | Giving notice for emergency debate |
8-2(1) | Content of notice |
8-2(2) | Translation and distribution |
8-2(3) | Non-receipt |
8-3(1) | Order of debate |
8-3(2) | Reasons for debate |
8-3(3) | Time limit for request for emergency debate |
8-3(4) | No motions during request for emergency debate |
8-3(5) | Urgency decided by Speaker |
Process for Emergency Debate | |
8-4(1) | Adjournment motion for emergency debate |
8-4(2) | Emergency debate after case of privilege |
8-4(3) | Speaking times |
8-4(4) | Limitations on motions |
8-4(5) | Maximum duration of emergency debate |
8-4(6) | Where Orders of the Day completed before emergency debate |
8-4(7) | Where Orders of the Day not completed before emergency debate |
8-4(8) | Extension of sitting if required |
8-5 | Only one emergency debate per sitting |
CHAPTER NINE: VOTING |
|
General Principle | |
9-1 | Questions decided by majority of voices |
Voice Votes | |
9-2(1) | Procedure for voice vote |
9-2(2) | If no standing vote requested |
Standing Votes | |
9-3 | Request of two Senators |
9-4 | No debate after vote called |
9-5 | Ordinary procedure for determining the duration of bells |
9-6 | 15-minute bells for scheduled vote |
9-7(1) | Proceedure for a standing vote |
9-7(2) | Withdrawal or change of vote |
9-8(1) | While a vote is in progress |
9-8(2) | Public galleries |
9-9 | Adjournment suspended during vote |
Deferred Standing Votes | |
9-10(1) | Deferral of standing vote |
9-10(2) | Time for deferred vote |
9-10(3) | Vote deferred only once |
9-10(4) | Vote deferred to Friday |
9-10(5) | No deferral in relation to consequential business |
9-10(6) | Bells to be rung once for a series of votes |
9-10(7) | No adjournment until after deferred vote |
CHAPTER TEN: PUBLIC BILLS |
|
Stages of the Legislative Process | |
10-1 | Pro forma bill |
10-2 | Right to inroduce bill |
10-3 | Introduction, first reading and printing |
10-4 | Second reading |
10-5 | Reconsideration of clauses of a bill |
10-6 | Third reading |
Supply Bills | |
10-7 | Royal Recommendation |
10-8 | No extraneous clauses |
Senate Bills | |
10-9 | No duplication of Senate bills in the same session |
10-10(1) | Form of amending bill |
10-10(2) | Typographical indications of amendments |
10-10(3) | Explanatory notes on amending bill |
10-10(4) | Reprints of Senate bills |
Pre-Study of Commons Bills | |
10-11(1) | Referral of subject matter of bill to committee |
10-11(2) | Notice of motion to refer the subject matter of a bill |
CHAPTER ELEVEN: PETITIONS AND PRIVATE BILLS |
|
Petitions | |
11-1(1) | Petitions from individuals |
11-1(2) | Petitions from corporations |
11-1(3) | Petitions on behalf of public meetings |
Petitions for Private Bills | |
11-2(1) | Private bill introduced after petition and examination |
11-2(2) | Suspension rules |
Examiner of Petitions for Private Bills | |
11-3(1) | Appointment of Examiner |
11-3(2) | Examination of petitions |
11-3(3) | If petition is in order |
11-3(4) | If petition is defective |
Notice and Publication | |
11-4 | Publication of rules |
11-5(1) | Publication in the Canada Gazette |
11-5(2) | Content of notice |
11-5(3) | Company name |
11-5(4) | Notice in newspapers |
11-5(5) | Frequency and language of notice |
11-5(6) | Notice to government departments |
11-5(7) | Statutory declaration |
Fees | |
11-6 | Deposit of bill and fees |
Procedures | |
11-7 | Public bill rules to apply generally |
11-8 | Obligatory referral of a private bill to a committee |
11-9 | No referral to Committee on the Whole |
11-10 | Minimum time before committee study |
11-11 | Questions about provincial jurisdiction |
11-12 | Private bill from the Commons |
11-13 | Private Bill Register |
11-14 | Notice of committee meetings |
11-15 | Interested persons |
11-16 | Notice of substantive amendments to private bills |
11-17 | Commons amendments referred to committee before consideration by Senate |
11-18 | Reference of private bill to Supreme Court |
CHAPTER TWELVE: COMMITTEES |
|
Committee of Selection | |
12-1 | Appointment of Committee of Selection |
12-2(1)(a) | Nomination of Speaker pro tempore |
12-2(1)(b) | Term of appointment of Speaker pro tempore |
12-2(2) | Nomination of standing or standing joint committee members |
12-2(3) | Term of appointment of members of committees |
12-2(4) | Powers of the Committee of Selection |
12-2(5) | Committee of Selection is neither a standing nor special committee |
12-2(6) | Quorum of Committee of Selection |
Membership of Committees | |
12-3(1) | Committee membership – general |
12-3(2) | Committee membership – certain committees |
12-3(3) | Ex officio members |
12-4 | Standing joint committees |
12-5 | Membership changes |
12-6 | Quorum of standing committees |
Standing Committees of the Senate | |
12-7 | Appointment and general mandates |
12-7(1) | Internal Economy, Budgets and Administration |
12-7(2) | Rules, Procedures and the Rights of Parliament |
12-7(3) | Official Languages |
12-7(4) | Foreign Affairs and International Trade |
12-7(5) | National Finance |
12-7(6) | Transport and Communications |
12-7(7) | Legal and Constitutional Affairs |
12-7(8) | Banking, Trade and Commerce |
12-7(9) | Social Affairs, Science and Technology |
12-7(10) | Agriculture and Forestry |
12-7(11) | Fisheries and Oceans |
12-7(12) | Energy, the Environment and Natural Resources |
12-7(13) | Aboriginal Peoples |
12-7(14) | Human Rights |
12-7(15) | National Security and Defence |
12-7(16) | Ethics and Conflict of Interest for Senators |
Orders of Reference to Committees | |
12-8(1) | Referral of a matter to any committee |
12-8(2) | User fee proposals |
Powers of Standing Committees and Standing Joint Committees | |
12-9(1) | Power to conduct inquiries and report |
12-9(2) | Power to send for persons and papers and to publish papers |
Special and Legislative Committees | |
12-10(1) | Special committees |
12-10(2) | Special committees – mover of motion as member |
12-11 |
Legislative committees |
Subcommittees | |
12-12(1) | Appointment |
12-12(2) | Membership |
12-12(3) | Quorum |
12-12(4) | Procedure |
12-12(5) | In camera meetings |
12-12(6) |
Reports |
Meetings | |
12-13 | Organization meeting |
12-14 | Participation of non-members |
12-15(1) | Notice of meetings |
12-15(2) | Meetings public |
12-16(1) | In camera meetings |
12-16(2) | In camera meetings of joint committees |
12-17 | Meetings without quorum |
12-18(1) | Meetings on day Senate sits |
12-18(2) | Meetings on days the Senate is adjourned |
12-19(1) | Power to adjourn |
12-19(2) |
Meetings outside the parliamentary precinct |
Committee Procedures | |
12-20(1) | Proceedings in committee |
12-20(1)(a) | Addressing the chair |
12-20(1)(b) | Seconder not required |
12-20(1)(c) | Motion defeated when votes equal |
12-20(1)(d) | Notice not required |
12-20(2) | Before recoded vote |
12-20(3) | Clause-by-clause consideration |
12-20(4) | Inconsistency with the Rules and practices of the Senate |
12-21 |
Smoking prohibited |
Committee Reports | |
12-22(1) | Majority conclusions |
12-22(2) | Presentation or tabling |
12-22(3) | Tabled for information only |
12-22(4) | No debate when report presented or tabled |
12-22(5) | Reports on user fees |
12-22(6) |
Debate on a tabled report |
Reports on Bills | |
12-23(1) | Obligation to report bill |
12-23(2) | Report on bill without amendment |
12-23(3) | Reporting bill with amendments |
12-23(4) | Amendments to be explained |
12-23(5) | Reporting against bill |
12-23(6) |
Signing of amended bill |
Government Responses to Reports | |
12-24(1) | Request for government response |
12-24(2) | Communication of request |
12-24(3) | Tabling response |
12-24(4) | Response or explanation deemed referred to committee |
12-24(5) |
Absence of response and explanation deemed referred to committee |
Committee expenditures | |
12-25 | Payment of witnesses' expenses |
12-26(1) | Financial operations |
12-26(2) | Report on expenses |
12-26(3) | When committee not reconstituted |
12-26(4) |
Printing of report |
Standing Committee on Ethics and Conflict of Interest for Senators | |
12-27(1) | Appointment of Committee |
12-27(2) | Quorum of Committee |
12-28(1) | In camera meetings |
12-28(2) | Participation of non-members |
12-29 | Adjournment of the Senate |
12-30(1) | Motion deemed made |
12-30(2) | Minimum period for consideration of report |
12-30(3) | Referral back to the committee |
12-30(4) | Former senator |
12-30(5) | Maximum period for consideration of report |
12-30(6) | Voting |
12-30(7) | Deferred vote on report |
12-31 |
Report deposited with the Clerk |
Committees of the Whole | |
12-32(1) | No notice required for Committee of the Whole |
12-32(2) | Proceedings recorded |
12-32(3) | Procedure in Committee of the Whole |
12-32(4) | Participation of ministers in Committee of the Whole |
12-32(5) | Witnesses in Committee of the Whole |
12-33(1) | Motion to leave chair or report progress |
12-33(2) | Adoption of motion to leave chair |
CHAPTER THIRTEEN: QUESTIONS OF PRIVILEGE |
|
Breach of Privilege | |
13-1 | Duty to preserve privileges |
13-2(1) | Criteria for priority |
13-2(2) |
Substantive motion |
Giving Notice | |
13-3(1) | Written notice of question of privilege |
13-3(2) | Translation and distribution |
13-3(3) | Non-receipt of notice |
13-3(4) | Oral notice of question of privilege |
13-4 |
Question of privilege without notice |
Consideration of a Question of Privilege | |
13-5(1) | Consideration of question of privilege |
13-5(2) | When question of privilege without notice considered |
13-5(3) | Order of consideration |
13-5(4) | Debates to be in succession |
13-5(5) | Prima facie determination by Speaker |
13-6(1) | Motion relating to a case of privilege |
13-6(2) | Debate on motion on case of privilege |
13-6(3) | Time limits on speaking on motion on case of privilege |
13-6(4) | Limit of three hours |
13-6(5) | Debate may be adjourned |
13-6(6) | Continuation of debate on motion on case of privilege beyond ordinary time of adjournment on first day of debate |
13-6(7) | Vote deferred |
13-6(8) | Vote on case of privilege automatically deferred in certain circumstances |
13-6(9) | Where Orders of the Day completed |
13-6(10) | Where Orders of the Day not completed |
13-6(11) | Where emergency debate or question of privilege follows motion on case of privilege |
CHAPTER FOURTEEN: DOCUMENTS, JOURNALS AND BROADCASTING |
|
Tabling Documents and Accounts | |
14-1(1) | Tabling by Government |
14-1(2) | Tabling ordered by Senate |
14-1(3) | Tabling by other Senators |
14-1(4) | Tabling during debate |
14-1(5) | Record of tabling in Journals and Debates |
14-1(6) | Tabling through the Clerk |
14-1(7) | Record of tabling in Journals |
14-2 |
Royal prerogative |
Journals of the Senate | |
14-3 | Copies to Governor General |
14-4 | Searching of Journals |
14-5 | Publishing |
14-6 |
Binding |
Broadcasting of the Senate and Committee Proceedings | |
14-7(1) | Broadcast of Senate proceedings |
14-7(2) | Permission to broadcast |
14-7(3) | Alternative arrangements |
CHAPTER FIFTEEN: ATTENDANCE, LEAVES OF ABSENCE, SUSPENSIONS AND DECLARATIONS |
|
Attendance | |
15-1(1) | Duty to attend the Senate |
15-1(2) | Failure to attend two sessions |
15-1(3) |
Deductions from sessional allowance |
Leaves of Absence and Suspensions | |
15-2(1) | Authorized leaves and suspensions |
15-2(2) | Leaves of absence – preventive |
15-2(3) | Absence obligatory |
15-2(4) | Avoiding disqualification |
15-3(1) | Deduction if suspended |
15-3(2) | Access to resources |
15-3(3) | Deductions restored |
15-3(4) | Suspension of Allowances |
15-4(1) | Notice of charge |
15-4(2) | Leave of absence for accused Senator |
15-4(3) | Duration of leave of absence |
15-4(4) | Leave of absence reinstated |
15-4(5) | Presumption of innocence |
15-4(6) | Senate resources in case of leave of absence |
15-5(1) | Suspension of Senator |
15-5(2) | Duration of suspension |
15-5(3) |
Report of conviction |
Declarations | |
15-6(1) | Renewal of Declaration of Qualification |
15-6(2) | Tabling of declarations by Clerk |
15-7(1) | Declaration of private interest |
15-7(2) | Restrictions if declaration of interest |
15-7(3) | If declaration made in camera |
CHAPTER SIXTEEN: MESSAGES TO THE SENATE AND RELATIONS BETWEEN THE HOUSES |
|
Messages from the Crown | |
16-1(1) | Access to Senate Chamber |
16-1(2) | Fixing time for event |
16-1(3)(a) | Reading of messages |
16-1(3)(b) | If a vote underway |
16-1(4) | Adjournment delayed after receipt of message |
16-1(5) | Suspension of sitting after receipt of message |
16-1(6) | Standing vote may be postponed if in conflict with message |
16-1(7) | Interruption of debate |
16-1(8) |
Message on Royal Assent |
Messages Between the Houses and Conferences | |
16-2(1) | Sending and receiving messages |
16-2(2) | Messages from Commons read |
16-3(1) | Senate disagreement with Commons amendments |
16-3(2) | Commons disagreement with Senate amendments |
16-3(3) | Preparing reasons |
16-3(4) | Messages relating to bills on which the houses disagree |
16-3(5) | Free conference |
16-3(6) | Speaking at conferences |
16-4(1) | Senators attending before the Commons |
16-4(2) | Voluntary attendance |
16-4(3) | Senate officers and employees attending before Commons |
16-4(4) | Penalty |
APPENDIX I: Terminology |
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APPENDIX II: Provincial Representations to Senate Committees |
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APPENDIX III: Cabinet Ministers Being Members of Senate Committees |
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APPENDIX IV: Procedure for Dealing with Unauthorized Disclosure of Confidential Committee Reports and Other Documents or Proceedings |
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INDEX |