Standing Orders
of the
Legislative Assembly
of Ontario

January 2009

Previous Edition — October 2008

The permanent Standing Orders adopted by the Assembly on October 27, 1999, as amended on November 2, 1999, were provisionally amended on May 1, 2008. On October 7, 2008 the Assembly adopted new permanent Standing Orders that came into force at 12:01 a.m. on October 10, 2008, except that a new clause 6(a) came into force at 12:01 a.m. on January 1, 2009.

ISSN: 1183-9376

Published under the authority of the Clerk of the Legislative Assembly

Standing Orders of the
Legislative Assembly
of Ontario

I. CONDUCT OF BUSINESS

Business of House conducted according to Standing Orders

1.     (a) The proceedings in the Legislative Assembly of Ontario and in all Committees of the Assembly shall be conducted according to the following Standing Orders.

Purpose

(b)  The purpose of these Standing Orders is to ensure that proceedings are conducted in a manner that respects the democratic rights of members,

Contingencies unprovided for

(c)  In all contingencies not provided for in the Standing Orders the question shall be decided by the Speaker or Chair and, in making the ruling, the Speaker or Chair shall base the decision on the democratic rights of members referred to in clause (b). In doing so the Speaker shall have regard to any applicable usages and precedents of the Legislature and Parliamentary tradition.

Definitions

2.     For the purpose of these Standing Orders,

"Recognized Party" means a Party caucus of eight or more members of the Legislative Assembly. ("parti reconnu")

"Routine motion" means any motion, including motions under Standing Order 6, made for the purpose of fixing the days or times of the meetings or adjournments of the House, or its committees; establishing or revising the membership of committees, and the meeting schedule thereof; arranging the proceedings of the House; or any other motion relating strictly to the technical procedure of the House or its committees and the management of the business thereof. ("motion d'affaire courante")

"Sessional day" means any day on which the House meets. ("jour de session")

"Substantive motion" means a motion that is not incidental or supplementary to any other business of the House, but is a self contained proposal capable of expressing a decision of the House. Examples of such motions are: the motion for an Address in Reply to the Speech from the Throne, the Budget motion, want of confidence motions on allotted days, resolutions and motions for returns or addresses. Such motions require notice and must be submitted to the Speaker in writing when moved, before being put to the House for debate. No motion shall be prefaced by recitals or preambles. ("motion de fond")

II. PRESIDING OFFICERS

Election of Speaker

3.     The election of the Speaker shall be conducted in the following manner:

Nomination of member

(a)  At the opening of the first Session of a Parliament, or whenever the office of the Speaker becomes vacant, a member, other than a Leader of a recognized Party in the House or a minister of the Crown, addressing the Clerk, shall propose some member to the House to be Speaker and shall move that such member "Do take the chair of the House as Speaker".

Member informs House if nomination accepted

(b)  A member when nominated and seconded shall inform the House whether he or she accepts the nomination.

Procedure if only one member nominated

(c)  The Clerk shall then ask "Are there any further nominations?", and if there are no further nominations, the Clerk shall say "I declare the nominations closed". The Clerk shall then, without question put, declare the member so proposed and seconded to be elected as Speaker. Such member shall be conducted to the chair by the proposer and seconder of the motion, and shall take the chair of the House as Speaker.

Procedure if more than one member nominated

(d)  If more than one member is proposed as Speaker, the Clerk shall, after the second nomination and after each subsequent nomination, if any, is made and seconded, ask "Are there any further nominations?", and if there are no further nominations, the Clerk shall say "I declare the nominations closed".

Ballot papers provided to members

(e)  Members present in the Chamber shall be provided with ballot papers by the Clerk.

Procedure if two members nominated

(f)  When only two members are nominated and seconded as Speaker, the election shall be conducted as follows:

Balloting procedure

Counting of votes

Member elected

Procedure if more than two members nominated

(g)  When more than two members are nominated and seconded as Speaker, the votes shall be conducted in the manner prescribed in clauses (e) and (f) and the member who has received a majority of the votes cast shall be Speaker. In the event of no member having received a majority of the votes cast, the name of the candidate having the smallest number of votes shall be excluded from subsequent ballots, and a further ballot shall take place. This balloting shall continue until one candidate is declared to be elected as Speaker by such majority.

Equality of votes

(h)  In the event of an equality of votes, the Clerk shall cause a further ballot to be taken.

Candidate withdraws name
Only one candidate remains

(i)  At any time after the result of the first ballot is declared, but before the commencement of a second or subsequent ballot, a candidate may withdraw his or her name from the election, which shall then proceed as if such member had not been nominated. Whenever at any stage a withdrawal leaves only one candidate remaining, such candidate shall, without further voting, be declared elected as Speaker.

No debate or questions of privilege

(j)  During the election of a Speaker there shall be no debate, and no questions of privilege may be raised.

Eligibility for office

(k)  No Leader of a recognized Party in the House or minister of the Crown shall be eligible to be nominated to the office of Speaker.

Election takes precedence over other business

(l)  The election of Speaker shall take precedence over all other business and no motion for adjournment nor any other motion shall be accepted while it is proceeding and the House shall continue to meet if necessary beyond its ordinary daily time of adjournment, notwithstanding any Standing or Special Order, until a Speaker is declared elected, provided that if the House has continued to meet beyond its ordinary daily time of adjournment, the Speaker shall thereupon adjourn the House until the next Sessional day.

Appointment of Deputy Speaker and Chair of the Committee of the Whole House

4.     (a) At the commencement of the first Session of a Parliament, or from time to time as may be required, a member shall be appointed by the House to be Deputy Speaker and Chair of the Committee of the Whole House.

Deputy Speaker's duties

(b)  The Deputy Speaker shall, whenever the Speaker is absent or otherwise unable to act, perform the duties and exercise the authority of the Speaker and shall otherwise assist and relieve the Speaker as directed by the Speaker.

Appointment of Deputy Chairs of the Committee of the Whole House
Deputy Chairs' duties

(c)  At the commencement of every Parliament, or from time to time as may be required, the House shall appoint three Deputy Chairs of the Committee of the Whole House, to be known respectively as the First, Second and Third Deputy Chair of the Committee of the Whole House, any of whom shall, in order of precedence, whenever the Chair of the Committee of the Whole House is absent or otherwise unable to act, be entitled to exercise all the powers vested in the Chair of the Committee of the Whole House, including those powers as Deputy Speaker.

Appointment procedure for presiding officers

5.     On the advice of the House Leader of each of the recognized Opposition Parties in the House given to the Government House Leader, up to three of the five presiding officers of the House shall be chosen from recognized Opposition Parties.

III. MEETINGS OF THE HOUSE

Parliamentary calendar

6.     (a) During a Parliament, the House shall meet:

Spring meeting period

Fall meeting period

Constituency weeks

During these meeting periods, the House shall not meet during the following Constituency Weeks:

Motion to extend hours of meeting towards the end of the Fall and Spring meeting periods

(b)  With notice, the Government House Leader may propose a motion to extend the hours of meeting during the last eight Sessional days in the Fall and Spring sessional periods provided for in clause (a), and during any extension thereof.

Evening meeting period

(c)  Such motion may stipulate that the House shall meet, as the case may be,

Such a motion may apply to one day or to more than one day and, in the latter case, shall specify whether subclause (i), (ii) or (iii) applies to different days. The question on such a motion shall be put forthwith and without amendment or debate. If a recorded vote is requested by five members, the division bell shall be limited to five minutes.

Clerk to publish calendar

(d)  As soon as possible after New Year's Day, the Clerk of the House shall publish a calendar which shows the days on which the House shall meet, according to the Standing Orders, and the remaining time available for Committee meetings, during the calendar year.

Date to meet after recess

7.     Before a Session is prorogued, the Government House Leader shall announce the approximate date upon which the Assembly will be reconvened.

Meeting time

8.     (a) The weekly meeting schedule for the House when it is in session shall be:


DAY
  TIME
  PROCEEDING

Monday   10:30 a.m.   Introduction of Visitors
   
    10:35 a.m.   Oral Questions
   
    Following Oral Questions   Deferred Votes
   
    Following Deferred Votes   Recess
   
    1:00 p.m.   Introduction of Visitors
   
    1:05 p.m.   Routine Proceedings:
Members' Statements
Reports by Committees
Introduction of Bills
Motions
Statements by the Ministry and Responses
Petitions
   
    Following Routine Proceedings   Orders of the Day
   
    6:00 p.m.   Adjournment


Tuesday   9:00 a.m.   Orders of the Day
   
    10:15 a.m.   Recess
   
    10:30 a.m.   Introduction of Visitors
   
    10:35 a.m.   Oral Questions
   
    Following Oral Questions   Deferred Votes
   
    Following Deferred Votes   Recess
   
    3:00 p.m.   Introduction of Visitors
   
    3:05 p.m.   Routine Proceedings:
Members' Statements
Reports by Committees
Introduction of Bills
Motions
Statements by the Ministry and Responses
Petitions
   
    Following Routine Proceedings   Orders of the Day
   
    6:00 p.m.   Adjournment


Wednesday   9:00 a.m.   Orders of the Day
   
    10:15 a.m.   Recess
   
    10:30 a.m.   Introduction of Visitors
   
    10:35 a.m.   Oral Questions
   
    Following Oral Questions   Deferred Votes
   
    Following Deferred Votes   Recess
   
    3:00 p.m.   Introduction of Visitors
   
    3:05 p.m.   Routine Proceedings:
Members' Statements
Reports by Committees
Introduction of Bills
Motions
Statements by the Ministry and Responses
Petitions
   
    Following Routine Proceedings   Orders of the Day
   
    6:00 p.m.   Adjournment


Thursday   9:00 a.m.   Orders of the Day
   
    10:15 a.m.   Recess
   
    10:30 a.m.   Introduction of Visitors
   
    10:35 a.m.   Oral Questions
   
    Following Oral Questions   Deferred Votes
   
    Following Deferred Votes   Recess
   
    1:00 p.m.   Introduction of Visitors
   
    1:05 p.m.   Routine Proceedings:
Members' Statements
Reports by Committees
Introduction of Bills
Motions
Statements by the Ministry and Responses
Petitions
   
    Following Routine Proceedings   Private Members' Public Business
   
    Following Private Members' Public Business   Orders of the Day
   
    6:00 p.m.   Adjournment

Bells summoning members

(b)  The bells shall be rung for five minutes before the time appointed for the meeting of the House, and at 10:25 a.m. every day, to summon the members, and otherwise at the discretion of the Speaker.

Prayers

(c)  The Speaker shall take the chair at the time appointed on every day fixed for the meeting of the House and shall read the Prayers.

Where no business, or no further business, is called during the morning Orders of the Day

(d)  During any morning that the House meets, when the Speaker calls Orders of the Day the Government House Leader may indicate that no business, or no further business, as the case may be, is to be called that morning, whereupon the Speaker shall without motion immediately recess the House until 10:30 a.m.

Where no business is to be called during the morning of the next day's Orders of the Day

(e)  No later than 3:15 p.m. on any Monday, Tuesday or Wednesday that the House meets, the Government House Leader may indicate that no business is to be called during Orders of the Day on the next day's morning meeting, and in such case the House shall meet at 10:30 a.m. on that next day.

House not to meet

(f)  The House shall not meet on the day on which there is a general election of members to serve in the Canadian House of Commons, or on New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, the day fixed for a civic holiday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day and Boxing Day. When Canada Day falls on a Tuesday, the House shall not meet the preceding day.

Daily adjournment

9.     (a) Except as provided in Standing Order 6 (c) (iii) and in Standing Order 38, at the points each day when the House arrives at a recess or adjournment, as set out in Standing Order 8 (a), such recess or adjournment shall, without motion, be ordered from the chair.

Transitions from Orders of the Day

(b)  At the points each day when the House arrives at a transition from Orders of the Day to another proceeding, as set out in Standing Order 8 (a), the Speaker shall adjourn the matter then under consideration and shall call the next proceeding.

Recorded divisions during morning meetings

(c)  Except in the case of motions to adjourn the House or the debate, the Speaker shall cause any recorded division required upon any proceeding held during Orders of the Day on any morning to be deferred to the Proceeding "Deferred Votes" on that same day.

Members seated while Speaker retires

(d)  When the House adjourns, the members shall keep their seats until the Speaker has left the Chamber.

Recall of House during an adjournment

10.   (a) Whenever the House stands adjourned, if the government advises the Speaker that the public interest requires the House to meet at an earlier time, the Speaker shall give notice that the House shall meet at such time, and thereupon the House shall meet to transact its business as if it had been duly adjourned to that time and the period referred to in Standing Order 6 (a) (i) or (ii) had been extended accordingly.

Speaker may vary recall time

(b)  The Speaker shall have the authority to vary the time of any recall made under this Standing Order to such extent as is, in his or her opinion, necessary to ensure that reasonable notice of the recall is conveyed to each member and to permit all other arrangements to be made for the House to meet. However, no variance may be made if the time specified in the notice of recall for the House to meet is at least 24 hours later than the time the Speaker receives the notice.

Quorum

11.   (a) The presence of at least 12 members of the House, including the Speaker, is necessary to constitute a meeting of the House for the exercise of its powers.

Adjournment for lack of quorum

(b)  If at any time after Prayers the Speaker's attention is directed to the apparent lack of a quorum, the Speaker shall, upon determining that a quorum is not present, cause the bells to be rung until a quorum is present and, in any case, for no longer than five minutes. If a quorum is not present after the expiration of five minutes, the Speaker shall adjourn the House without question put until the next Sessional day. The matter under consideration prior to the adjournment is deemed to be adjourned to a future Sessional day.

Same

(c)  When the House is meeting as a Committee, if the Chair's attention is directed to the apparent lack of a quorum, the Chair shall proceed as provided in clause (b); however, if after making a count, there is still not a quorum, the Chair shall report the matter to the Speaker, who shall repeat the same procedure. If on the Speaker's count a quorum is present, the House shall again resolve itself into a Committee, otherwise the Speaker shall adjourn the House until the next Sessional day.

Same

(d)  Whenever the Speaker adjourns the House for want of a quorum, the names of the members then present shall be recorded in the Votes and Proceedings.

IV. ORDER AND DECORUM AND CONDUCT OF MEMBERS

Speaker not to take part in debate
Casting vote in tie

12.   The Speaker shall not take part in any debate before the House and shall not vote except in case of a tie, when the Speaker shall give a casting vote.

Speaker to preserve order

13.   (a) The Speaker shall preserve order and decorum, and shall decide questions of privilege and points of order. In making a decision on a question of privilege or point of order or explaining a practice, the Speaker may state the applicable Standing Order or authority.

No debate on or appeal from decision of Speaker

(b)  No debate shall be permitted on any such decision, and no such decision shall be subject to an appeal to the House.

Discussion

(c)  The Speaker may rule on a point of privilege or point of order when it is raised without allowing any discussion apart from the member raising the point.

Same

(d)  A member raising a point of order or point of privilege, and any member permitted by the Speaker to speak to it, must put the point tersely and speak only to the point raised. A point of order or privilege is heard in silence by the House.

No motion may reflect on decision of Speaker

(e)  No motion may be moved which reflects on any such decision by the Speaker.

Speaker to disallow out of order motions

14.   Whenever the Speaker is of the opinion that a motion offered to the House is contrary to the rules and privileges of Parliament, the Speaker shall rule it out of order, and may quote the rule or authority applicable.

Naming a member

15.   (a) If a member on being called to order for an offence against any Standing Order persists in the offence, the Speaker may direct the member to discontinue, and if such member refuses to comply, the Speaker shall name the member to the House.

Suspension after naming

(b)  When a member is named by the Speaker, if the offence is a minor one, the Speaker may order the member to withdraw for the balance of the Sessional day; but if the matter appears to the Speaker to be of a more serious nature, the Speaker shall put the question on the motion being made, no amendment, adjournment or debate being allowed, "that such member be suspended from the service of the House", such suspension being for any time stated in the motion not exceeding eight Sessional days.

Suspension for Session when force necessary

(c)  If any member on being named and directed to withdraw from the House refuses to obey the direction of the Speaker when summoned under the Speaker's Order by the Sergeant-at-Arms, the Speaker shall call to the attention of the House that force is necessary in order to compel obedience and such member shall thereupon, without motion, be suspended from the service of the House for the remainder of the Session.

Adjournment for disorder

16.   In the case of grave disorder in the House, the Speaker or the Chair may adjourn the House or a Committee without motion, or suspend any meeting for a time to be named by him or her.

Expulsion of strangers for misbehaviour

17.   Any stranger admitted to any part of the House or Gallery who misconducts himself or herself, or does not withdraw when strangers are directed to withdraw, while the House or a Committee of the Whole House is meeting, may be expelled from the precincts of the House by the Sergeant-at-Arms, or anyone acting under the direction of the Sergeant-at-Arms.

Strangers excluded on motion

18.   All strangers may be excluded from the House or any Committee thereof on a motion properly moved and adopted by the House or the Committee, as the case may be.

No strangers on floor, etc., during meetings

19.   Except as provided in Standing Order 107, no member of the House shall bring any stranger into any part of the House appropriated to the members of the House while the House, or the Committee of the Whole House, is meeting.

Members not to interrupt Speaker

20.   (a) Members shall remain in their places and refrain from interrupting the Speaker when he or she has risen to speak, make a ruling, or put a question to the House.

Member not to interrupt other member

(b)  When a member is speaking, no other member shall interrupt such member, except on a question of order.

Member not to pass between chair and Mace

(c)  Members shall take care not to pass between a member who is speaking and the chair, or between the chair and the Mace.

V. PRIVILEGE

Privileges

21.   (a) Privileges are the rights enjoyed by the House collectively and by the members of the House individually conferred by the Legislative Assembly Act and other statutes, or by practice, precedent, usage and custom.

Taken up immediately

(b)  Once the Speaker finds that a prima facie case of privilege exists, it shall be taken into consideration immediately.

Notice to Speaker

(c)  Any member proposing to raise a point of privilege, other than one arising out of proceedings in the Chamber during the course of a Sessional day, shall give to the Speaker a written statement of the point at least one hour prior to raising the question in the House.

Discussion

(d)  The Speaker may rule that a prima facie case of privilege does not exist on the basis of the written statement referred to in clause (c) and, despite Standing Order 13 (c), may do so without allowing discussion from any member.

VI. RULES OF DEBATE

Rising to speak in English or French

22.   (a) Every member desiring to speak must rise in his or her place and address the Speaker, in either English or French.

Order of speaking

(b)  When two or more members rise to speak, the Speaker shall call upon the member who, in the Speaker's opinion, rose first in his or her place.

Members called to order

(c)  A member called to order shall sit down, but may afterwards explain. The Speaker shall decide on the case, without debate, and the decision of the Speaker shall be final.

Recognition of independent member

(d)  Subject to the Standing Orders and any other Order of the House, nothing prevents the Speaker or Chair of the Committee of the Whole House from recognizing an independent member to speak.

Matters out of order in debate

23.   In debate, a member shall be called to order by the Speaker if he or she:

Member speaks twice to question

(a)  Speaks twice to a question, except in explanation of a material part of his or her speech in which he or she may have been misunderstood, in which case the member may not introduce a new matter.

Directs speech to other matters

(b)  Directs his or her speech to matters other than,

Repetition

(c)  Persists in needless repetition or raises matters that have been decided during the current Session.

Reading from Hansard

(d)  In the opinion of the Speaker, refers at length to debates of the current Session, or reads unnecessarily from verbatim reports of the Legislative Debates or any other document.

Anticipation

(e)  Anticipates any matter already on the Orders and Notices Paper for consideration.

Reflects on previous vote

(f)  Reflects upon any previous vote of the House unless it is the member's intention to move that it be rescinded.

Matters sub judice

(g)  Refers to any matter that is the subject of a proceeding,

where it is shown to the satisfaction of the Speaker that further reference would create a real and substantial danger of prejudice to the proceeding.

Allegations against member

(h)  Makes allegations against another member.

Imputes false or unavowed motives

(i)  Imputes false or unavowed motives to another member.

Deliberate falsehood

(j)  Charges another member with uttering a deliberate falsehood.

Abusive or insulting language

(k)  Uses abusive or insulting language of a nature likely to create disorder.

Disrespect to Royal Family, etc.

(l)  Speaks disrespectfully of Her Majesty or any of the Royal Family, or the Governor General, or the Administrator of Canada, or the Lieutenant Governor, or the Administrator of the Province.

Offensive matter

(m)  Introduces any matter in debate that in the opinion of the Speaker offends the practices and precedents of the House.

20 minute time limit

24.   (a) Except where otherwise expressly provided by the Standing Orders, or by unanimous consent, no member shall speak in the House for more than 20 minutes.

60 minute time limit

(b)  Notwithstanding clause (a), the first speaker for any recognized Party in the House may speak for not more than 60 minutes in the following circumstances:

Time limit after seven hours

(c)  Notwithstanding clause (a), no member shall speak for more than 10 minutes after seven hours of debate on second or third reading of a government bill.

Division of time

(d)  At any time during a debate governed by this Standing Order, a member then speaking may divide his or her time among a member or members of his or her Party. Such speeches shall be given consecutively without rotation among the Parties and shall be deemed to be a single speech for the purposes of Standing Order 25.

Speaking time limits not applicable when debate time apportioned equally

(e)  In any debate where the available time is apportioned equally among the recognized Parties, the speaking time limits on individual members shall not apply.

Questions and comments on speeches
Time for

25.   Following the speech of each member, up to four members may ask questions and comment for up to two minutes each on matters relevant to the matters before the House, and the member originally speaking may reply for up to two minutes, in the following circumstances:

Second reading of government bill

(a)  Debate on second reading of a government bill, but no such questions and comments shall be allowed following the reply allowed to the minister or parliamentary assistant who has moved second reading of the bill.

Third reading of government bill

(b)  Debate on third reading of a government bill, but no such questions and comments shall be allowed following the reply allowed to the minister or parliamentary assistant who has moved third reading of the bill.

Debate on Address in Reply to the Speech from the Throne

(c)  Debate on the Address in Reply to the Speech from the Throne, but no such questions and comments shall be allowed following the speeches of the mover and the seconder of the motion for the Address, or the speeches of the members speaking first on behalf of the Official Opposition and the other recognized Opposition Parties.

Budget debate

(d)  Debate on the Budget motion, but no such questions and comments shall be allowed following the presentation of the Budget by the Minister of Finance, the speeches of the members speaking first on behalf of the Official Opposition and the other recognized Opposition Parties, and the speeches of the members winding up the Budget Debate for each recognized Party.

May require question read when not printed

26.   When the question under discussion does not appear on the Orders and Notices Paper, or has not been printed and distributed, any member may require it to be read at any time of the debate, but not so as to interrupt a member while speaking.

Member with pecuniary interest may not vote

27.   No member is entitled to vote upon any question in which he or she has a direct pecuniary interest, and the vote of any member who has such an interest shall be disallowed.

VII. DIVISIONS

How requested

28.   (a) When a voice vote has been taken on any question, a division may be required by five members standing in their places.

No further debate

(b)  When members have been called in for a division, there shall be no further debate.

Votes recorded

(c)  When the members have been called in, the Speaker shall again put the question and, subject to Standing Order 12, every member present at that time who wishes to vote shall rise and record his or her vote.

Abstentions

(d)  Members are not compelled to vote and those who wish to abstain should remain in their seats when asked to rise and record their vote. An abstention shall not be entered in the Votes and Proceedings or the Journals.

Recording divisions

(e)  The names of the members voting on each side of the question shall be entered in the Votes and Proceedings and the Journals, except on dilatory motions when the numbers only shall be entered.

Pairs

(f)  Immediately after the vote, the pairs, if any, shall be declared and shall be entered in the Votes and Proceedings and the Journals.

Limited division bells

(g)  Except as otherwise provided in the Standing Orders, the division bells shall be limited to 30 minutes.

Deferral of votes

(h)  Except in the case of any division arising out of any Routine Proceeding, or where a Standing Order or other Order specifies the time of the vote, a vote may be deferred at the request of any Chief Whip of a recognized Party in the House. The Speaker shall then defer the taking of the vote to the next Sessional day during the Proceeding "Deferred Votes", at which time the bells shall be rung for five minutes.

Limitation on deferrals

(i)  Divisions requested on motions to adjourn the House or the debate, that the Chair of a Committee of the Whole House report progress and ask for leave to meet again or leave the chair, and for closure shall not be deferred.

Divisions in Committee of the Whole House

29.   (a) On division in Committee of the Whole House, Standing Order 28 applies except that the division shall not be recorded in the Votes and Proceedings or the Journals.

May be deferred
10 minute bell

(b)  With unanimous consent, divisions in Committee of the Whole House may be deferred. The members may be called in once and all deferred divisions taken in succession, and in such cases the division bells shall be limited to 10 minutes.

VIII. ROUTINE PROCEEDINGS

Order of Routine Proceedings

30.   (a) The Routine Proceedings are comprised of the following in the order that they appear under Standing Order 8 (a):

Further Proceedings

(b)  In addition there shall be further Proceedings called "Introduction of Visitors", "Oral Questions" and "Deferred Votes".

Time limit on Routine Proceedings

(c)  The time allotted for Routine Proceedings each day shall not exceed one and one-half hours. At the end of that time the Speaker shall interrupt the Proceedings and shall put every question necessary to dispose of the Routine Proceeding currently occupying the House, and immediately call Orders of the Day.

Members' Statements
Length

31.   (a) A member, other than a Leader of a recognized Party in the House or a minister of the Crown, may be recognized to make a statement for not more than one and one-half minutes.

Number of statements

(b)  Up to nine members of recognized Parties in the House may make a statement during the period for "Members' Statements" and the statements shall be allocated in proportion to the number of private members of each of the recognized Parties in the House.

Independent member

(c)  The Speaker has the discretion to permit an independent member to make a statement for no longer than one and one-half minutes. In exercising his or her discretion, the Speaker shall have regard to the opportunities that members of recognized Parties have to make such statements. An independent member shall notify the Speaker of his or her intention to make a statement.

Committee reports on bills

32.   (a) The report of a Standing or Select Committee on any bill shall be taken into consideration immediately and the Speaker shall put the question on the motion for the adoption of the report forthwith, which question shall be decided without amendment or debate. If a recorded vote is requested, the division bells shall be limited to five minutes.

Other reports
Procedure

(b)  Other Committee reports shall be presented to the House by the Chair with a brief statement from the Chair only, and where a report includes a request for consideration by the House, or where such consideration is requested by a petition of 12 members filed with the Clerk, a government Order shall be placed on the Orders and Notices Paper for consideration by the House.

Adjournment of motion for adoption

(c)  When presenting a report the Chair of a Standing or Select Committee may move the adoption of the report if it contains a substantive motion. After moving the adoption of the report the Chair may make a brief statement and shall then move adjournment of the debate. The adjourned debate shall be carried on the Orders and Notices Paper daily to be called by the Government House Leader in the same manner as government Orders.

Response to reports

(d)  Within 120 calendar days of the presentation of a Committee report as provided in clauses (b) and (c), the government shall, upon the request of the Committee, table a comprehensive response.

Introduction of bills
Motion for

33.   (a) Every bill shall be introduced upon a motion for leave for introduction and first reading, specifying the title of the bill, no notice being required.

No amendment or debate on introduction

(b)  The motion for introduction and first reading shall be decided without amendment or debate, but in the case of a public bill, the mover may make a brief explanation of its purposes.

Compendium and consolidation

(c)  On the introduction of a government bill, a compendium of background information shall be delivered to the critics of the recognized Opposition Parties. If it is an amending bill, an up-to-date consolidation of the Act or Acts to be amended shall also be delivered unless the bill amends an Act amended previously in the Session.

Form

(d)  No bill may be introduced in blank or imperfect form.

Five minute bell

(e)  If a recorded vote is requested, the division bells shall be limited to five minutes.

30 minute time period on introduction

(f)  The period for "Introduction of Bills" shall be limited to 30 minutes.

Time limit for introduction of bills

(g)  No introduction of a single bill shall last more than five minutes.

Routine motions
Types

34.   Under the proceeding "Motions", the Government House Leader may move routine motions as set out in the definition thereof in Standing Order 2. Except as provided by Standing Orders 6 (b) and 108, these routine motions do not require notice.

Ministerial statements
Subject

35.   (a) A minister of the Crown may make a short factual statement relating to government policy, ministry action or other similar matters of which the House should be informed.

Duration

(b)  The time allotted to ministerial statements shall not exceed 20 minutes without the unanimous consent of the House.

Copies to Opposition

(c)  Two copies of each ministerial statement shall be delivered to the Leaders of recognized Opposition Parties, or their representatives, at or before the time the statement is made in the House.

Background information

(d)  After any policy statement the minister shall table a compendium of background information.

Opposition comments

(e)  Following ministerial statements a representative or representatives of each of the recognized Opposition Parties in the House may comment for up to a total of five minutes for each Party commencing with the Official Opposition.

Introduction of Visitors

36.   Up to five minutes shall be allotted, immediately preceding "Oral Questions" and again immediately upon the resumption of the House in an afternoon meeting, for members to recognize guests.

Oral Questions

37.   (a) The Oral Question Period shall be limited to 60 minutes, including supplementary questions and points of order. Questions on matters of urgent public importance may be addressed to the ministers of the Crown but the Speaker shall disallow any question which he or she does not consider urgent or of public importance. If in the opinion of the minister or the Speaker the question requires a lengthy answer, either the minister or the Speaker may require it to be placed on the Orders and Notices Paper as a written enquiry of the Ministry. The minister may take an oral question as notice to be answered orally on a future Sessional day but where any reserved answer requires a lengthy statement, the statement shall be given under "Statements by the Ministry and Responses".

May give notice

(b)  A member who so wishes may give notice of an oral question directly to the minister concerned.

Supplementary questions

(c)  In the discretion of the Speaker, a reasonable number of supplementary questions arising out of the minister's reply to an oral question may be asked by any members.

No arguments or opinions

(d)  In putting an oral question, no argument or opinion is to be offered nor any facts stated, except so far as may be necessary to explain the same; and in answering any such question, the member is not to debate the matter to which it refers.

Minister may refer question to colleague

(e)  A minister to whom an oral question is directed may refer the question to another minister who is responsible for the subject-matter to which the question relates.

Questions by parliamentary assistants

(f)  Parliamentary assistants may direct questions to ministers other than their own.

Answering for minister

(g)  Parliamentary assistants may answer for their ministers only when authorized by the Premier.

Minister may decline to answer

(h)  A minister may, in his or her discretion, decline to answer any question.

Independent member

(i)  The Speaker has the discretion to permit an independent member to place an oral question and one supplementary question during Oral Question Period. In exercising his or her discretion, the Speaker shall have regard to the opportunities that members of recognized Parties, other than the Leaders of Opposition Parties or members who place questions instead of the Leaders, have to place such questions. An independent member shall notify the Speaker of his or her intention to place a question.

May not appeal rulings
Notice of questions for adjournment proceedings

38.   (a) The Speaker's rulings relating to oral questions are not debatable or subject to appeal. However, a member who is not satisfied with the response to an oral question, or who has been told that his or her question is not urgent or of public importance, may give notice orally at the end of the Oral Question Period that he or she intends to raise the subject-matter of the question on the adjournment of the House and must give written notice to the Speaker and file reasons for dissatisfaction with the Clerk before 12:00 noon, and the Speaker shall, not later than 4:00 p.m., indicate the matter or matters to be raised at the time of adjournment that day.

Proceedings on adjournment

(b)  Where notice has been given and reasons filed, as provided in clause (a), at 6:00 p.m. on any Tuesday or Wednesday, the Speaker may deem that a motion to adjourn the House has been made, whereupon the matter in question may be debated for not more than 10 minutes, five minutes to be allotted to the member raising the matter and five minutes to the minister or to his or her parliamentary assistant to reply if he or she so wishes. No more than three such matters of which notice has been given and reasons filed shall be debated on any single Sessional day. At the conclusion of such debate or debates the Speaker shall deem the motion to adjourn to be carried and shall adjourn the House to the next Sessional day or, pursuant to Standing Order 6 (c) (i) or (ii), to 6:45 p.m., as the case may be.

Undertakings by ministers

(c)  Undertakings by ministers may be debated on adjournment and the same provisions as to notice, reasons and limitations apply as in the case of other adjournment debates.

Selection of matters to be raised

(d)  When more than one notice has been given under this Standing Order, the Speaker shall decide the order in which the matters are to be raised, having regard to the order in which notices were given, to the urgency of the matters raised, and to the apportionment of the opportunities to debate the matters among members of the various Parties in the House.

Proceeding not to take place

(e)  When the House continues to meet past 6:00 p.m. on a government motion as provided in Standing Order 6 (c) (iii), the adjournment proceeding under this Standing Order shall not apply.

Time limit on proceeding

(f)  If the House is scheduled to meet again at 6:45 p.m. of the same calendar day and the debate under this Standing Order has not been completed by 6:30 p.m., the Speaker shall immediately interrupt the adjournment proceeding, deem the motion to adjourn to be carried, and adjourn the House to 6:45 p.m.

Petitions
Presentation by filing with Clerk

39.   (a) A petition to the House may be presented at any time during the Session by a member filing it with the Clerk of the House or in the manner set out in clause (b).

Presentation in House
Member to summarize contents

(b)  A member may present a petition in the House during the Routine Proceeding "Petitions". The member may make a brief statement summarizing the contents of the petition and indicating the number of signatures attached thereto.

Petitions to be certified as to form

(c)  No member may seek to present a petition unless it has previously been given to the Clerk of the Assembly who has examined it and certified that it is correct as to form and content.

Same

(d)  In order to be certified by the Clerk, every petition shall,

Form of address

Request for action

No erasures or insertions

Contents

Petitioners

Members responsible for contents

(e)  Every member presenting a petition shall ensure that the petition conforms with the Standing Orders.

Signature of member required

(f)  The signature of every member presenting a petition shall be affixed to the petition.

No debate on presentation

(g)  No debate shall be allowed on the presentation of a petition.

Duration

(h)  The period for "Petitions" shall be limited to 15 minutes.

Response by government

(i)  Within 24 Sessional days of its presentation, the government shall file a response to a petition with the Clerk of the House and shall provide a copy of the response to the member who presented the petition.

IX. ANNUAL REPORTS AND OTHER SESSIONAL PAPERS

Method of presenting

40.   (a) Reports, returns and other documents required to be laid before the House by any Act of the Assembly or under any Standing Order or resolution of the House, or that any minister wishes to present to the House, may be deposited with the Clerk of the House, whether or not on a Sessional day, and such report, return or other document shall be deemed for all purposes to have been presented to or laid before the House. A record of any such document shall be entered in the Votes and Proceedings on the day it is filed, except that where it is filed on a day that is not a Sessional day, it shall be entered in the Votes and Proceedings of the next Sessional day.

Distribution and background material

(b)  The minister concerned shall distribute copies of all reports to all members of the House and copies of any background material to the critics of the recognized Opposition Parties.

List of documents tabled and outstanding

41.   The Clerk of the House shall appoint a clerk whose duty it shall be under the Clerk's direction to keep a record of all reports required by statute which have been tabled, and those outstanding.

X. SPECIAL DEBATES

Throne debate
12 hours allotted

42.   (a) There shall be 12 hours allotted to the debate on the motion for an Address in Reply to the Speech from the Throne and amendments thereto, and the debate shall be completed before the presentation of the Budget.

Amendments

(b)  Only an amendment and an amendment to the amendment may be moved to the motion for an Address in Reply to the Speech from the Throne.

Opposition Days

43.   (a) In each of the two periods provided for in Standing Order 6 (a), there shall be five Sessional days to be known as Opposition Days.

Opposition Day debates:

(b)  Opposition Day motions:

If more than one notice of an Opposition Day is received

(c)  If more than one notice of an Opposition Day is filed on the same Wednesday, the Speaker shall select which one will be considered.

Debate in House limited
Question put
10 minute bell

(d)  After two hours of debate on an Opposition Day held on a Monday, or at 5:50 p.m. on an Opposition Day held on a Tuesday or Wednesday, the Speaker shall interrupt the proceedings and put the question without further debate. If a recorded vote is requested, the division bells shall be limited to 10 minutes. Such vote may not be deferred.

Want of confidence motions
Distribution

44.   (a) In any Session, upon proper notice, the Official Opposition is entitled to not more than three motions of want of confidence in the government; the recognized Party having the third largest membership in the House is entitled to not more than two such motions, and any other recognized Party to one.

Time for debate

(b)  Debate on a motion under clause (a) shall be at a time allotted by agreement of the House Leaders of the recognized Parties and restricted to one Sessional day. The time available shall be apportioned equally among the recognized Parties in the House. At 5:50 p.m. on that day, the Speaker shall interrupt the proceedings and put the question without further debate.

10 minute bell

(c)  If a recorded vote is requested, the division bells shall be limited to 10 minutes.

No amendment

(d)  No amendment may be made to a motion under this Standing Order.

Motion to discuss Sessional Paper

45.   (a) A motion that the House discuss a Sessional Paper other than a Committee report requires notice. No amendment may be made to such a motion.

Debate of motion

(b)  When a motion for discussion of a Sessional Paper is moved, one member from each of the recognized Parties in the House may state the position of his or her Party with respect to the motion for not more than five minutes.

Order for discussion

(c)  If the motion passes, an Order shall be placed on the Orders and Notices Paper for discussion of the Sessional Paper by the House.

No motion

(d)  During the discussion, no motion relating to the Sessional Paper may be moved.

XI. MOTIONS

Motions to adjourn House or debate

46.   (a) Motions to adjourn the House or the debate do not require notice, but a motion to adjourn the House may not be moved until following Routine Proceedings, except upon unanimous consent of the House. If at 10:15 a.m. on a Tuesday, Wednesday or Thursday the division bells are ringing for a vote on a motion to adjourn the debate, the Speaker shall interrupt the bell, conduct the division and then immediately recess the House pursuant to Standing Order 8 (a).

Effect if motion is carried

(b)  When a motion to adjourn the House is carried, the matter under consideration prior to the adjournment is deemed to be adjourned to a future Sessional day.

Limitation on adjournment motions

(c)  When a motion for the immediate adjournment of the House has been defeated, no other such motion shall be made unless some intermediate proceeding has taken place.

Same

(d)  When a motion for the immediate adjournment of the House and a motion for the immediate adjournment of the debate have been defeated, neither such motion shall again be made by the same member in the course of the same debate.

Not debatable

(e)  A motion for the adjournment of a debate or of the House during any debate, or for the Chair of a Committee to report progress, or to leave the chair, is not debatable.

Time allocation motion

47.   (a) The Government House Leader may move a motion with notice providing for the allocation of time to any proceeding on a government bill or substantive government motion.

Equal division of time
Vote and 10 minute bell

(b)  Two hours of debate, apportioned equally among the recognized Parties, shall be allotted to debate on the motion, at the end of which time the Speaker shall without further debate or amendment put every question necessary to dispose of the motion. If a recorded vote is requested by five members, division bells shall be limited to 10 minutes.

When time allocation motion may be moved

(c)  A time allocation motion may not be moved until second reading debate has been completed or six and one-half hours of debate have taken place on second reading consideration of any government bill or on a substantive government motion. Upon completion of six and one-half hours of debate, or when the member who has the floor at that point has completed his or her remarks, the Speaker shall deem the debate to be adjourned unless the Government House Leader specifies otherwise.

Same

(d)  A time allocation motion may not be moved on the same calendar day that any of the bills that are the subject of the motion have been called as government Orders.

Motion for closure

48.   A motion for closure, which may be moved without notice, until it is decided shall preclude all amendment of the main question, and shall be in the following words: "That this question be now put". Unless it appears to the Speaker that such motion is an abuse of the Standing Orders of the House or an infringement of the rights of the minority, the question shall be put forthwith and decided without amendment or debate. If a motion for closure is resolved in the affirmative, the original question shall be put forthwith and decided without amendment or debate.

Order or address for returns does not lapse on prorogation

49.   Prorogation of the House shall not have the effect of nullifying an Order or address of the House for returns or papers, but all papers and returns ordered at one Session, if not complied with during the Session, shall be brought down during the following Session without renewal of the Order.

Government motions
Reply

50.   When a debate arises on any government substantive motion, the minister or parliamentary assistant who moved it has a right of reply and the Speaker shall inform the House that such reply closes the debate.

Motions requiring seconder

51.   Except in the case of a motion that a certain member do take the chair of the House as Speaker, a motion for an Address in Reply to the Speech from the Throne and the Budget motion, no motion or amendment shall be required to be seconded before the question thereon is proposed from the chair.

May not renew motion, etc., once decided

52.   No motion, or amendment, the subject-matter of which has been decided upon, can be again proposed during the same Session.

Withdrawal

53.   A member who has given notice of or moved a motion may withdraw the same.

XII. NOTICE

Method of giving notice

54.   All notices required by the Standing Orders of the House or otherwise shall be laid on the Table before 5:00 p.m. and printed on the Orders and Notices Paper for the following day. Government notices of motion shall be distributed by the Clerk to the House Leaders of recognized Parties in the Legislature at the time of tabling.

XIII. GOVERNMENT BUSINESS

Order of business

55.   Except as otherwise provided in these Standing Orders, government business will be taken up in the discretion of the Government House Leader.

Business for ensuing week

56.   Before the adjournment of the House on each Thursday during the Session, the Government House Leader shall announce the business for the following week.

XIV. FINANCIAL PROCEDURES

Money bills, etc., require message from Lieutenant Governor

57.   Any bill, resolution, motion or address, the passage of which would impose a tax or specifically direct the allocation of public funds, shall not be passed by the House unless recommended by a message from the Lieutenant Governor, and shall be proposed only by a minister of the Crown.

Budget motion and presentation

58.   (a) The Budget motion, upon proper notice, shall be moved by the Minister of Finance following the completion of the debate on the motion for an Address in Reply to the Speech from the Throne, and amendments, and in so doing the Minister of Finance shall present the Budget and Budget papers. Following the Budget speech, if requested by the Minister of Finance, the House shall revert to "Introduction of Bills" for the purpose of allowing the Minister of Finance to move the introduction of any bill or bills arising from the Budget.

Proceedings on Budget day

(b)  On the day designated for the presentation of the Budget, the Speaker shall recess the House immediately following Routine Proceedings until 4:00 p.m., except that if Routine Proceedings have not been completed by 4:00 p.m., the Speaker shall interrupt the proceedings and shall put every question necessary to dispose of the Routine Proceeding currently occupying the House and immediately call Orders of the Day.

Same
No Private Members' Public Business when Budget day is a Thursday

(c)  In any week when the Budget is presented on a Thursday the weekly meeting schedule of the House shall be altered such that Private Members' Public Business will not take place in that week.

Time for vote

(d)  There shall be eight hours allotted to the debate on the Budget motion and any amendments thereto, at the end of which time the Speaker shall without further debate or amendment put every question necessary to dispose of the Budget motion. If a recorded vote is requested by five members, the division bells shall be limited to 10 minutes.

Amendments

(e)  Only an amendment and an amendment to the amendment may be moved to the Budget motion.

Estimates presentation

59.   When a Budget has been presented, the main Estimates shall be tabled in the House no more than 12 Sessional days later. During those 12 days the Budget debate shall be completed. If no Budget has been presented by the first Sessional day following Victoria Day, the main Estimates shall be tabled at the next available Sessional day. Upon tabling, the Estimates shall be deemed to be referred to the Standing Committee on Estimates.

Estimates considered by Standing Committee on Estimates

60.   (a) The Standing Committee on Estimates shall consider the Estimates of not fewer than six and not more than 12 ministries and offices.

Selection of Estimates to be considered

(b)  (i) The Estimates of the ministries and offices to be considered by the Committee shall be selected in two rounds by members of the Committee such that in each round the members of the Party forming the Official Opposition shall choose first, the members of a recognized Party having the third largest membership in the House shall choose second and the members of the Party forming the government shall choose third.

Same

Order of consideration

(c)  The Estimates of the ministries and offices shall be considered in the order in which they were selected as provided in clause (b).

Time for consideration

(d)  The time for the consideration of the Estimates of each ministry or office shall be determined by the members of the Committee who selected such Estimates for consideration. If the members of a recognized Party choose the Estimates of one ministry or office in a round, not more than 15 hours shall be allocated to the consideration of the Estimates of that ministry or office, and if the members of a recognized Party choose two ministries or offices in a round, not more than 15 hours shall be allocated to the consideration of the Estimates of both.

Not considered in Committee if same policy field being considered in House

(e)  No Estimates shall be considered in the Committee while any matter, including a procedural motion, relating to the same policy field is being considered in the House.

Estimates not selected deemed passed and reported

61.   (a) All other Estimates not selected for consideration by the Standing Committee on Estimates shall be deemed to be passed by the Committee and shall be reported back to the House.

Committee report received and concurred in

(b)  The report of the Committee shall be deemed to be received and the Estimates for the ministries and offices named in the report shall be deemed to be concurred in.

Supplementary Estimates referred to Committee

62.   (a) All Supplementary Estimates shall be deemed to be referred to the Standing Committee on Estimates as they are presented to the House.

Consideration of Supplementary Estimates

(b)  The Committee shall consider the Supplementary Estimates of the ministries and offices selected within the time allocated pursuant to Standing Order 60 for the consideration of the main Estimates.

Supplementary Estimates not considered reported
Report received and concurred in

(c)  All other Supplementary Estimates shall be reported back to the House. The report of the Committee shall be deemed to be received and the Supplementary Estimates for the ministries and offices named in the report shall be deemed to be concurred in.

One report by Committee

63.   (a) The Standing Committee on Estimates shall present one report with respect to all of the Estimates and Supplementary Estimates considered pursuant to Standing Orders 60 and 62 no later than the third Thursday in November of each calendar year.

Procedure if Committee fails to report

(b)  In the event the Committee fails to report the said Estimates on the date provided for in clause (a), the Estimates and Supplementary Estimates shall be deemed to be passed by the Committee and shall be deemed to be reported to and received by the House.

Disposition of Supplementary Estimates

(c)  In the event that any Supplementary Estimates are not presented to the House until the third Thursday in November, or thereafter, then those Supplementary Estimates shall be deemed to be referred to the Standing Committee on Estimates as they are presented to the House, shall be deemed to be passed by the Committee and shall be deemed to be reported to and received by the House.

Concurrence debate
Equal division of time

(d)  There shall be an Order for Concurrence placed on the Orders and Notices Paper for each of the Estimates reported from the Committee. There shall be two hours, apportioned equally among the recognized Parties, allotted to the debate on the Orders for Concurrence, at the end of which time the Speaker shall without further debate put every question necessary to dispose of the Order for Concurrence in Supply for each of the ministries and offices named in the Committee's report. No amendment to any question may be moved. If a recorded vote is requested by five members, all divisions shall be stacked, and there shall be a single 10 minute division bell.

Supply Bill procedure

64.   Adoption of Orders for Concurrence shall constitute an Order to bring in a Supply Bill founded on the resolutions contained therein, and founded on the resolutions contained in the deemed Concurrences made pursuant to Standing Orders 61 and 62. Two hours, apportioned equally among the recognized Parties, shall be allotted to the debate on the second reading stage of the Supply Bill, at the end of which time the Speaker shall without further debate or amendment put all questions necessary to dispose of this stage of the Bill. A Supply Bill given second reading shall be ordered for third reading, and the Order for third reading shall then immediately be called and the Speaker shall put the question forthwith without further debate or amendment, no deferral under Standing Order 28 (h) being permitted. In the case of any division under this Standing Order, the division bell shall be limited to 10 minutes.

Briefing material

65.   The minister or person answerable for the Estimates considered by the Standing Committee on Estimates shall provide each member of the Committee and the Clerk of the Committee with advance briefing material which shall include such information as growth rates, interim expenditures for the previous fiscal year, and an explanation of the programs and funding by particular Item.

Time allotment
Relevancy

66.   (a) On the first Item of the first Vote of each set of Estimates, a representative of each recognized Party may speak for not more than 30 minutes and the minister or person answerable for the Estimates is allowed not more than 30 minutes for a right of reply. Thereafter, the Chair of the Standing Committee on Estimates shall ensure that the members adhere strictly to the Vote and Item under consideration and shall apportion the remaining time among the recognized Parties on the Committee.

Conclusion of consideration or expiration of time

(b)  When the Committee has concluded its consideration of the Estimates of a ministry or office or the time established for the consideration of such Estimates has expired, the Chair shall put without further amendment or debate every question necessary to dispose of the Estimates.

Interim Supply

67.   (a) A motion for Interim Supply requires notice and shall be for a period not exceeding six months.

Equal division of time
Time for vote

(b)  Two hours, apportioned equally among the recognized Parties, shall be allotted to debate on the Interim Supply motion, at the end of which time the Speaker shall without further debate or amendment put all questions necessary to dispose of the motion. If a recorded vote is requested by five members, the division bells shall be limited to 10 minutes.

Treasury Board Orders and Special Warrants

68.   Treasury Board Orders shall be printed in The Ontario Gazette with an explanation of significant variances from printed Estimates and a summary of Special Warrants shall be tabled on the first Sessional day following the issue of the Warrants.

XV. PUBLIC BILLS

Co-sponsorship of private members' public bills

69.   (a) Private members' public bills may be co-sponsored by up to one member from each of the recognized Parties, and by any independent member. It shall be the responsibility of the co-sponsors to select which among them will move the motion for introduction and first reading of the bill. Any of the co-sponsors shall be entitled to move the motions for second or third reading of the bill. The names of the co-sponsors shall be indicated on the introduction copy of the bill and shall thereafter be printed on the face of the bill.

Co-sponsor who designates bill has charge of bill
Co-sponsor may speak to bill

(b)  Any one of the co-sponsors of such a bill may designate the bill as his or her item of business for Private Members' Public Business, and any or all of the co-sponsors may speak during the time allotted by Standing Order 98 (a) (i). The member designating the bill for the purposes of Private Members' Public Business shall have charge of the bill in any committee.

Co-sponsor withdraws as sponsor

(c)  A co-sponsor may withdraw as a sponsor of the bill at any time by providing written notice to the Clerk of the House. His or her name shall be removed from the bill entry on the Orders and Notices Paper, and shall be removed from the face of the bill at any subsequent re-printing of the bill.

Notice required for reasoned amendment
Ancillary motions

70.   No notice is required for motions for second or third reading of bills or for hoist motions, such motions being ancillary; but a motion for a reasoned amendment to a motion for second or third reading does require notice.

Printed before second reading

71.   (a) The Order of the Day for second reading of a bill shall not be called until the bill has been printed and distributed and marked PRINTED on the Orders and Notices Paper.

Second reading delayed for reasoned amendment

(b)  A bill shall not be called for second reading if the Clerk of the House is notified by 12:00 noon of the Sessional day following its introduction of intention to give notice of a reasoned amendment to the motion for second reading, if the notice is filed with the Clerk by 12:00 noon of the second Sessional day following introduction.

Same

(c)  If notice is filed as provided in clause (b), the Order for second reading shall not be called before the third Sessional day following introduction, but if the notice is not filed as provided, the notice of intention shall lapse and the Order for second reading may be called at the discretion of the Government House Leader.

Not considered in Committee if same policy field in House

(d)  No bill shall be considered in any Standing or Select Committee while any matter, including a procedural motion, relating to the same policy field is being considered in the House.

Question on reasoned amendment or hoist motion

72.   (a) If a reasoned amendment or a hoist motion is offered to a motion for second or third reading, the first question proposed by the Speaker is whether the bill will NOW be read a second or third time, as the case may be. If this question is decided in the affirmative, the bill shall immediately be read the second or third time.

When amendment put

(b)  If the question in clause (a) is decided in the negative, the Speaker shall then put the proposed amendment to the House and at that time, but not before, an amendment to the amendment may be offered.

Reply closes debate

73.   A reply is allowed to the minister or parliamentary assistant who has moved second or third reading of a bill, after all members wishing to speak to the motion, and any amendments thereto, have spoken and the Speaker shall inform the House that the reply closes the debate.

Referral of public bill to Committee

74.   (a) At any time before the commencement of second reading debate on a public bill, during "Motions", the Government House Leader may move the following motion, no debate or amendment being permitted, "That the Order for second reading of Bill [insert bill title] be discharged and the Bill be referred to the Standing Committee on [insert committee name]".

Ordered for second reading

(b)  Notwithstanding Standing Order 79 (a), a bill referred under this Standing Order, when reported from the Committee, shall be ordered for second reading.

Ordered for third reading by unanimous consent

(c)  When a bill has received second reading it may, by unanimous consent, be ordered for third reading.

Committal

(d)  If such unanimous consent is refused, the bill will be referred to the Committee of the Whole House or to a Standing or Select Committee, as the minister or parliamentary assistant designates; but if eight members stand in their places such references shall be to a Standing or Select Committee.

Time limit on recommittal debate

75.   If a motion to recommit a bill is opposed, no member shall speak thereon for a period longer than 10 minutes.

When to be considered in Committee

76.   When a bill is referred to a Standing or Select Committee after second reading, it shall not be considered in Committee until at least the fifth calendar day after the referral, unless a waiver of this interval has been granted on the request of the minister or parliamentary assistant; but no such waiver shall be granted if 12 members register their objection by standing in their places.

Amendments in Committee

77.   (a) When time permits, amendments proposed to be moved to bills in any Committee shall be filed with the Clerk of the House at least two hours before the bill is to be considered, and copies of such proposed amendments shall be distributed to all recognized Parties.

Chair's discretion respecting multiple amendments

(b)  The Chair of a Committee, including the Chair of the Committee of the Whole House, may take such reasonable steps as he or she considers necessary to facilitate the Committee's consideration and disposition of multiple amendments.

Chair may set filing deadlines

(c)  The Chair of a Committee, including the Chair of the Committee of the Whole House, may establish deadlines for tabling amendments or for filing them with the Clerk of the Committee.

Bills initialled and signed by Chair

78.   (a) The Chair of a Committee considering a bill shall initial each section of the bill as it is passed and sign the bill.

Amendments initialled by Chair

(b)  Amendments shall be clearly indicated in the signed copy, and the amendments or additions shall be initialled by the Chair.

Bills reported by Committees

79.   (a) Bills reported from the Committee of the Whole House shall stand ordered for third reading. Bills reported from Standing or Select Committees shall be ordered for third reading unless the minister or parliamentary assistant directs that they be referred to the Committee of the Whole House.

Amended bill reprinted

(b)  When a bill has been amended in any Committee it shall be reprinted as the Clerk of the House directs, amendments being indicated, and shall not be further proceeded with until it has been reprinted and marked REPRINTED on the Orders and Notices Paper.

Committee of Whole House consideration after Standing or Select Committee report

(c)  When a bill that is reported from a Standing or Select Committee is referred to the Committee of the Whole House, it shall not be taken up earlier than the second calendar day after the referral.

Procedure in Committee

80.   When a bill is considered in a Committee, the Chair shall enquire whether any comments, questions or amendments are to be offered and to which sections and will call only such sections. If no sections are so designated, the bill shall be reported as a whole.

Three readings for all bills
Readings certified by Clerk

81.   (a) No bill shall pass unless it receives three readings, and the date of each reading shall be certified on the bill by the Clerk of the House.

Not more than one stage per day if opposed by 12 members

(b)  A bill shall not pass more than one stage on one day if opposed by 12 members standing in their places.

Restriction on calling a government bill twice on the same Sessional day

(c)  No government bill shall be called during Orders of the Day on both a morning and afternoon meeting of the House on the same Sessional day without unanimous consent.

XVI. PRIVATE BILLS

Application requirements

82.   (a) Any person, group or corporation may make an application for a private bill by filing with the Clerk of the House,

Printing costs

(b)  Every applicant for a private bill shall pay,

Suspension charges

(c)  Where, at the request of the applicant, a Standing Order is suspended with reference to a private bill, a charge of $50 shall be levied.

Remission of fees
Waiver of printing costs

(d)  Where a private bill relates to a charitable organization within the meaning of the Income Tax Act (Canada), the Standing Committee on Regulations and Private Bills may recommend that the fee paid under clause (a) be remitted and, if the recommendation is approved by the House, the remitted fee shall be applied to reduce any costs payable under clause (b) and the Committee may, having regard to the circumstances, recommend that all or part of the costs payable under clause (b) be waived and, if the recommendation is approved by the House, the costs shall be waived.

Notice published

(e)  Notice of an application for a private bill shall be given before it is read a first time by publishing the notice once a week for at least four weeks in each of The Ontario Gazette and one newspaper circulated in the municipality most affected and the notice shall,

Period notice valid

(f)  Notice of an application for a private bill is valid for the calendar year in which the last notice is published and until the first day of July in the next following calendar year.

Continued in next Session

(g)  Where,

the application shall be considered during the next regular Session of the House without publishing further notice of the application and without payment of additional fees under clause (a).

Reference of application to Legislative Assembly Committee

83.   The Clerk of the House shall refer to the Standing Committee on the Legislative Assembly any application that, in his or her opinion, does not comply with the Standing Orders.

Letters patent, etc.

84.   When any private bill confirming any letters patent or agreement is presented to the House, a copy of the letters patent or agreement shall be included in the bill.

Certificate of Minister of Finance

85.   No private bill relating to the status of a corporation shall be considered by the Standing Committee on Regulations and Private Bills until there has been deposited with the Clerk of the House a certificate of the Minister of Finance showing that all taxes payable under the Corporations Tax Act in respect of the corporation have been paid.

Referral

86.   (a) Every private bill when read a first time shall, unless it is an Estate bill or a bill providing for a consolidation of a floating debt or for the consolidation or renewal of debentures, other than local improvement debentures, of a municipal corporation, stand referred to the Standing Committee on Regulations and Private Bills and all petitions and correspondence to the House for or against the bill stand referred to the Committee.

Compendium

(b)  No private bill shall be given first reading unless a compendium of background information has been deposited with the Clerk of the House by the applicant.

Same

(c)  The compendium required under clause (b) shall cite the precedents, if any, used in drafting the private bill and shall contain an up-to-date consolidation of existing legislation that is amended by the bill.

Compendium guidelines

(d)  The Standing Committee on Regulations and Private Bills may adopt guidelines related to the form and content of the compendium required by clause (b).

Amendment of existing Private Act

(e)  Where the purpose of a private bill application is to amend a section of an existing Private Act or the private bill would have the effect of amending a section of an existing Private Act, the private bill shall re-enact the section in its entirety.

Certain municipal applications referred to O.M.B.

87.   (a) Every private bill or part of a bill of a municipal corporation providing for the consolidation of a floating debt, or the consolidation or renewal of debentures, other than local improvement debentures, stands referred to the Ontario Municipal Board after first reading.

Report

(b)  The Board, after due enquiry, shall report to the House whether or not it is reasonable that the bill, or that part thereof relating to the matters referred to in clause (a), should pass and what, if any, alterations are necessary.

O.M.B. report sent to Clerk

(c)  A report of the Ontario Municipal Board shall be transmitted to the Clerk of the House.

Bill and report to Committee

(d)  The bill and report shall stand referred to the Standing Committee on Regulations and Private Bills.

Estate bills referred

88.   (a) Every Estate bill or part of a bill that contains an Estate bill provision stands referred to the Commissioners of Estate Bills after first reading.

Report of Commissioners

(b)  The Commissioners of Estate Bills, or any two of them, shall report their opinion on the bill or the part thereof that has been submitted to them, and whether, presuming the allegations contained in the preamble to be proven to the satisfaction of the House, it is reasonable for the bill or the part thereof to pass and what, if any, alterations are necessary.

Report sent to Clerk

(c)  A report of the Commissioners of Estate Bills shall be transmitted to the Clerk of the House.

Effect of adverse report

(d)  Where the Commissioners of Estate Bills report that, in their opinion, it is not reasonable that the bill or the part thereof submitted to them pass into law, the bill or the part thereof shall not be further considered.

Bill and report to Committee

(e)  Where the bill or the part thereof submitted to the Commissioners of Estate Bills is reported favourably by the Commissioners, the bill and the report shall stand referred to the Standing Committee on Regulations and Private Bills and where only part of a bill is submitted to the Commissioners and the Commissioners report that, in their opinion, it is not reasonable that the part pass into law, the bill shall stand referred to the Standing Committee on Regulations and Private Bills and the Committee shall amend the bill by deleting therefrom the part to which the report relates.

Notice of Committee hearings

89.   The Clerk of the House shall post on all notice boards five calendar days' notice of the date on which any private bill is to be considered by the Standing Committee on Regulations and Private Bills and the notice shall be published in the Orders and Notices Paper.

Consent of interested person

90.   Any person whose interest or property may be affected by a private bill, when required, shall appear before the Standing Committee on Regulations and Private Bills to express his or her consent or objection, or may consent in writing, proof of which may be demanded by the Committee.

On Orders and Notices Paper after report

91.   Private bills when reported by the Standing Committee on Regulations and Private Bills shall be placed on the Orders and Notices Paper for second reading.

Reprinting of amended bills

92.   Private bills amended by a Committee may be reprinted before further consideration, as the Clerk of the House may direct.

Referral after second reading

93.   Private bills, after second reading, shall be ordered for third reading, unless specially ordered referred to the Committee of the Whole House.

Notice required to dispense with Standing Order

94.   Except when waived by unanimous consent of the House, notice is required for a motion to dispense with any Standing Order relating to private bills.

Private Bill Register

95.   A Private Bill Register shall be kept in the office of the Clerk of the House, in which shall be entered the name, description, and place of residence of the parties applying for the bill, or of their agent, and all the proceedings thereon, such Register to be open to public inspection daily, during office hours.

Parliamentary agents

96.   (a) Every parliamentary agent conducting proceedings before the House is personally responsible to the House and to the Speaker for the observance of the Standing Orders and practices of Parliament, and also for the payment of all fees and charges.

Misconduct of agents

(b)  Any parliamentary agent who wilfully acts in violation of the Standing Orders and practices of Parliament, or who wilfully misconducts himself or herself in prosecuting any proceedings before the House, is liable to an absolute or temporary prohibition to practise as a parliamentary agent, at the pleasure of the Speaker.

Notice published

97.   The Clerk of the House shall publish weekly in The Ontario Gazette the following notice:

APPLICATIONS TO PARLIAMENT
PRIVATE BILLS
PUBLIC NOTICE


 

 

    The rules of procedure and the fees and costs related to applications for private bills are set out in the Standing Orders of the Legislative Assembly. Copies of the Standing Orders, and the guide "Procedures for Applying for Private Legislation", may be obtained from the Legislative Assembly's Internet site at http://www.ontla.on.ca or from:

 

 

 

 

        Procedural Services Branch
        Room 1405, Whitney Block
        Queen's Park
        Toronto, Ontario
        M7A 1A2

 

 

 

 

        Telephone: 416/325-3500
        (Collect calls will be accepted.)

 

 

 

 

    Applicants should note that consideration of applications for private bills that are received after the first day of September in any calendar year may be postponed until the first regular Session in the next following calendar year.

 

 

XVII. PRIVATE MEMBERS' PUBLIC BUSINESS

Time for
Only three items per day
Time allotment for debate

98.   (a) Two and one-half hours shall be allotted to the consideration of Private Members' Public Business on Thursdays, apportioned equally among three items of business as follows:

Ballot

(b)  The order for consideration of the items of business shall be determined by a ballot conducted by the Clerk of the House prior to or at the commencement of each Session. All private members, including independent members, may enter their names for the draw, and names shall be drawn from a single box.

Exchanging places in the order of precedence

(c)  Subject to clause (g), members may exchange places in the order of precedence on the ballot list by providing to the Clerk of the House written notice of their arrangement to this effect, such written notice to be duly signed by the House Leaders of the affected members and to be provided by 5:00 p.m. on the Thursday of the week preceding the week in which the item of business is to be considered.

Recess

(d)  When the time allotted for the consideration of Private Members' Public Business has expired, the Speaker shall put all questions to the House. Divisions under this Standing Order shall be deferred and taken in succession. In such cases, the division bells shall be limited to five minutes. The House will continue to meet for the consideration of Private Members' Public Business until the necessary votes have been completed.

Suspension

(e)  If consideration of Private Members' Public Business under this Standing Order is concluded before the expiry of the allotted two and one-half hours, the Speaker shall suspend the House for the balance of such time before putting the questions to the House.

On Orders and Notices Paper daily after second reading

(f)  Private members' public bills given second reading shall be carried on the Orders and Notices Paper daily to be called by the Government House Leader in the same manner as government Orders.

Notice

(g)  To be considered in private members' time, the Order for second reading, or notice of a motion, must appear on the Orders and Notices Paper two weeks in advance of the date that is determined by the ballot conducted under clause (b).

No adjournment of debate

(h)  There shall be no adjournment of the debate on any item of Private Members' Public Business.

No amendment

(i)  No amendment may be made to a motion under this Standing Order.

Referral to Committee

(j)  Notwithstanding Standing Order 74 (d), private members' public bills given second reading shall stand referred to the Committee of the Whole House, unless referred to a Standing or Select Committee by a majority of the House.

XVIII. WRITTEN QUESTIONS

Subject notice

99.   (a) Questions seeking information from the Ministry relating to the public affairs of the Province may be placed by notice on the Orders and Notices Paper.

Notices dated

(b)  Such notices shall be dated and, where a member repeats an unanswered question in the ensuing Session, the date of the original notice shall be shown.

No arguments or opinions

(c)  In putting any written question, no argument or opinion shall be offered nor any facts stated, except so far as may be necessary to explain the question.

Answers
Delayed answers
Decline to answer

(d)  The minister shall answer such written questions within 24 Sessional days, unless he or she indicates that more time is required because the answer will be costly or time consuming or that he or she declines to answer, in which case a notation shall be made on the Orders and Notices Paper following the question indicating that the minister has made an interim answer, the approximate date that the information will be available, or that the minister has declined to answer, as the case may be.

Answers in writing

(e)  The answers to such written questions shall be given to the member who asked the question and to the Clerk of the House who shall print a notation in the Votes and Proceedings that the question has been answered.

Motion for return may be ordered

(f)  If a minister is of the opinion that any written question under this Standing Order requires by way of reply any statement of facts, or records, or statistics of a lengthy or a voluminous nature, the minister may require it to be made a motion for a return.

Restriction on number of questions

(g)  No member shall have more than 10 questions on the Orders and Notices Paper at any one time.

XIX. COMMITTEE OF THE WHOLE HOUSE

House in Committee

100. (a) When an Order of the Day is read for the House to resolve itself into a Committee of the Whole House, the Speaker shall leave the chair without a question put, and the House shall thereupon resolve itself into a Committee.

Mace

(b)  When the Speaker has left the chair, the Mace shall be placed under the Table and the Chair of the Committee of the Whole House shall take the chair of the Committee at the Table.

Standing Orders observed
Exception

101. The Standing Orders of the House shall be observed in Committee of the Whole House so far as may be applicable, except the Standing Orders limiting the number of times of speaking. Unless expressly provided by the Standing Orders or by unanimous consent, no member shall speak for more than 20 minutes at a time in Committee of the Whole House.

Chair maintains order
Appeal to Speaker

102. (a) The Chair shall maintain order in the Committee of the Whole House and decide all questions of order subject to an appeal by any member to the Speaker. No debate shall be permitted on any decision of the Chair.

Procedure
Speaker confirms or varies decision

(b)  If an appeal of a decision of the Chair of the Committee of the Whole House is made to the Speaker, the Chair shall rise and report immediately thereon to the Speaker without any question being put to the Committee. On receiving a report from the Chair and reviewing the proceedings, the Speaker shall confirm or vary any decision of the Chair.

Disorder reported to House

(c)  Disorder in a Committee of the Whole House can only be censured by the House on receiving a report from the Committee.

May not adjourn

103. A Committee of the Whole House may not adjourn its own meeting or the consideration of any matter to a future date, but this Standing Order shall not affect the application of Standing Order 16.

Report progress

104. A motion may be moved during the proceedings of a Committee of the Whole House that the Chair report progress and ask for leave to meet again, and such question shall be put forthwith and decided without amendment or debate.

Motion for Chair to leave chair

105. (a) A motion that the Chair of a Committee of the Whole House leave the chair is always in order and shall be put forthwith and decided without amendment or debate.

Procedure if carried

(b)  If such a motion is carried, further proceedings of a Committee of the Whole House on the matter or bill then under consideration shall be superseded; but the matter or bill may, on motion with notice, be revived and the proceedings shall be resumed at the point where they were interrupted. Such a motion shall not prejudice or in any way affect any other matters or bills referred to the Committee of the Whole House.

Motion defeated

(c)  If such a motion is defeated, no other such motion shall be made unless some intermediate proceeding has taken place.

Amendments in Committee of the Whole House

106. It shall be an instruction to the Committee of the Whole House to which bills may be committed that it has the power to make such amendments therein as it thinks fit, if they are relevant to the subject-matter of the bill, but if any such amendments are not within the title of the bill it shall amend the title accordingly and shall report the bill to the House.

Minister occupies front row seat
Staff on floor

107. When the House is meeting in Committee of the Whole House to consider bills, the minister or parliamentary assistant in charge of a bill being considered by the Committee of the Whole House may occupy a seat in the front row of the House and may have up to three staff members seated in front of him or her to supply information to the minister or parliamentary assistant as required.

XX. COMMITTEES

Membership appointed

108. Within the first 10 Sessional days following the commencement of a Parliament, the membership of the following Standing Committees shall be appointed, on motion with notice, for the duration of the Parliament:

Standing Committees listed

(a)  Standing Committee on Justice Policy;

(b)  Standing Committee on Social Policy;

(c)  Standing Committee on General Government;

(d)  Standing Committee on Estimates;

(e)  Standing Committee on Finance and Economic Affairs which is empowered to consider and report to the House its observations, opinions and recommendations on the fiscal and economic policies of the Province and to which all related documents shall be deemed to have been referred immediately when the said documents are tabled;

(f)  Standing Committee on Government Agencies which is empowered to review and report to the House its observations, opinions and recommendations on the operation of all agencies, boards and commissions to which the Lieutenant Governor in Council makes some or all of the appointments, and all corporations to which the Crown in right of Ontario is a majority shareholder, such reviews to be made with a view to reducing possible redundancy and overlapping, improving the accountability of agencies, rationalizing the functions of the agencies, identifying those agencies or parts of agencies which could be subject to sunset provisions, and revising the mandates and roles of agencies, and to review the intended appointments of persons to agencies, boards and commissions and of directors to corporations in which the Crown in right of Ontario is a majority shareholder, excluding reappointments and appointments for a term of one year or less, according to the following procedures:

(g)  Standing Committee on the Legislative Assembly which is empowered to review on its own initiative or at the request of the Speaker or the direction of the House and to report to the House its observations, opinions and recommendations on the Standing Orders of the House and the procedures in the House and its Committees; to advise the Speaker and the Board of Internal Economy, and to report to the House its observations, opinions and recommendations on the administration of the House and the provision of services and facilities to members; and to act as an advisory body to the Speaker and the House on the television broadcast system and to conduct reviews, at least on an annual basis, of the televising of the legislative proceedings and of the guidelines established by the House with respect to the television broadcast system; and to be the Committee which is empowered to review and consider from time to time the Reports of the Ombudsman as they become available; and, as the Committee deems necessary, pursuant to subsection 15 (1) of the Ombudsman Act, to formulate general rules for the guidance of the Ombudsman in the exercise of his or her functions under the Act; and to report thereon to the Legislature and to make such recommendations as the Committee deems appropriate;

(h)  Standing Committee on Public Accounts which is empowered to review and report to the House its observations, opinions and recommendations on the Report of the Auditor General and the Public Accounts, which documents shall be deemed to have been permanently referred to the Committee as they become available; and

(i)  Standing Committee on Regulations and Private Bills to be the Committee to which all private bills, other than Estate bills or bills providing for the consolidation of a floating debt or renewal of debentures, other than local improvement debentures, of a municipal corporation, shall be referred after first reading; and to be the Committee provided for by section 33 of Part III (Regulations) of the Legislation Act, 2006, and having the terms of reference as set out in that section, namely: to be the Committee to which all regulations stand permanently referred; and to examine the regulations with particular reference to the scope and method of the exercise of delegated legislative power without reference to the merits of the policy or objectives to be effected by the regulations or enabling statutes, but in so doing regard shall be had to the following guidelines:

and the Committee shall from time to time report to the House its observations, opinions and recommendations as required by section 33 of Part III (Regulations) of the Legislation Act, 2006, but before drawing the attention of the House to a regulation or other statutory instrument, the Committee shall afford the ministry or agency concerned an opportunity to furnish orally or in writing to the Committee such explanation as the ministry or agency thinks fit.

Standing Orders observed
Exception

109. In any Standing or Select Committee, the Standing Orders of the House shall be observed so far as may be applicable, except the Standing Orders limiting the number of times of speaking. Unless expressly provided by the Standing Orders or by unanimous consent, no member shall speak for more than 20 minutes at a time in any Standing or Select Committee.

Authority

110. (a) Standing and Select Committees shall be severally empowered to examine, enquire into and report from time to time on all such matters as may be referred to them by the House.

Same

(b)  Except when the House otherwise orders, each Committee shall have power to send for persons, papers and things.

Same

(c)  A Standing or Select Committee to which a bill has been referred by the House shall be empowered to report the same with or without amendments or to report that the bill be not reported.

Selected Committees may review ministries, offices and agencies

111. (a) Standing Committees set out in Standing Orders 108 (a), (b) and (c) shall, in addition to any other powers granted to them, be authorized to study and report on all matters relating to the mandate, management, organization or operation of the ministries and offices which are assigned to them from time to time, as well as the agencies, boards and commissions reporting to such ministries and offices.

Ministries and offices assigned to Committees by Legislative Assembly Committee

(b)  At the beginning of each Parliament and, if necessary, during the course of a Parliament, the Standing Committee on the Legislative Assembly shall prescribe the ministries and offices assigned to the Standing Committees for the purposes of this Standing Order and shall make a report thereon to the House, which report shall be deemed to be adopted.

Select Committees

112. (a) Select Committees of the House may be appointed for any purpose or to consider any matter referred to them.

Motion to appoint

(b)  The motion to appoint a Select Committee may contain the names of the members proposed to be members of the Committee and such motion is subject to amendment.

Membership

113. (a) No Standing or Select Committee shall consist of more than nine members and the membership of such Committees shall be in proportion to the representation of the recognized Parties in the House.

Independent member

(b)  Notwithstanding clause (a), each independent member shall, at his or her request, be appointed to at least one Standing Committee. An independent member may state his or her Committee preference to the House Leaders but such statement of preference is not binding. Unless the House decides otherwise, no Standing Committee shall include more than one independent member.

Same

(c)  The appointment of an independent member to a Standing Committee shall be in addition to the members of recognized Parties referred to in clause (a). A recognized Party with a majority of seats in the House is entitled to an additional member of the Committee for each independent member appointed to the Committee.

Substitution

(d)  Any member appointed to a Standing or Select Committee may, at any time afterwards, be discharged by Order of the House from attending the Committee and another member appointed.

Temporary substitution

(e)  A temporary substitution in the membership of a Standing or Select Committee may be made provided a notification thereof, signed by the member acting as the Whip of a recognized Party, is filed with the Clerk of the Committee either before or within 30 minutes of a Committee meeting being called to order.

Committee lists

114. The Clerk of the House shall post in the Legislative Building a list of members serving on each Standing and Select Committee.

Election of Chair and Vice-Chair

115. Within 10 Sessional days following the appointment of the membership of the Standing Committees, the Clerk of the House shall convene a meeting of each Standing Committee for the purpose of electing a Chair and Vice-Chair.

Same

116. At the commencement of every Parliament, or from time to time as may be required, each Standing Committee shall elect a Chair and Vice-Chair.

Chairs

117. (a) The Chairs of the Standing Committees set out in Standing Order 108 shall be distributed in proportion to the representation of the recognized Parties in the House.

Exceptions

(b)  The Chair of the Standing Committee on Estimates shall be a member of a recognized Party in opposition to the government, the Chair of the Standing Committee on Finance and Economic Affairs shall be a member of the Party forming the government and the Chair of the Standing Committee on Public Accounts shall be a member of the Party forming the Official Opposition.

Contingency selection procedure

(c)  Failing consensus on the distribution of the Chairs of these Standing Committees, the recognized Parties in the House shall choose which Committees they wish to be chaired by one of their own members in rounds, through the House Leaders, as follows: the government first, followed by the Official Opposition and then the other recognized Opposition Parties in order of their membership in the House, and then in rotation until the distribution is completed according to the number of Chairs from each recognized Party as determined in clause (a).

Meeting convened upon request

118. Upon a written request signed by a majority of the members of a Standing or Select Committee, the Chair of the Committee shall convene a meeting of the Committee within 10 Sessional days following the receipt of such request by the Clerk of the Committee. The reasons for convening such a meeting shall be stated in the request.

Clerk to attend meetings

119. The Clerk of each Standing and Select Committee shall attend each meeting of the Committee and shall record the names of the members of the Committee present at each meeting in the Minutes of Proceedings.

Quorum

120. (a) A majority of the members of a Standing or a Select Committee, including the Chair, shall constitute a quorum.

Meetings without quorum

(b)  Any Committee may authorize the Chair to hold meetings to receive evidence when a quorum is not present.

Adjournment for lack of quorum

(c)  If at any time during a meeting of a Standing or Select Committee the Chair's attention is directed to the apparent lack of quorum, the Chair shall, upon determining that a quorum is not present, suspend the proceedings of the Committee; if no quorum is present at the expiration of 10 minutes, the Chair shall adjourn the Committee to the next scheduled meeting of the Committee.

Same

(d)  Whenever the Chair of a Standing or Select Committee adjourns the Committee for want of a quorum, the Clerk of the Committee shall record the time of the adjournment and the names of the members then present in the Minutes of Proceedings.

Chair maintains order
Appeal to Speaker by majority

121. (a) The Chair of a Standing or Select Committee shall maintain order in the Committee and decide all questions of order subject to an appeal by the majority of the members of the Committee to the Speaker. No debate shall be permitted on any decision of the Chair.

Procedure if House meeting
Speaker confirms or varies decision

(b)  If the majority of the members of a Standing or Select Committee appeal the decision of the Chair of the Committee to the Speaker, the Chair shall at the next meeting of the House present a report which accurately states the matter on which the Chair decided, the arguments raised by members of the Committee and the decision made by the Chair, and the Speaker shall confirm or vary any decision of the Chair.

Procedure if House not meeting
Decision of Speaker

(c)  If the House is adjourned, in recess or is not otherwise meeting on a day on which a decision of the Chair of a Standing or Select Committee is appealed to the Speaker, the Chair shall deliver a copy of the report to the Speaker and shall file a copy of the report with the Clerk of the House. The decision of the Speaker shall be in writing, shall be delivered to the Chair and the Clerk of the Committee and shall be entered in the Votes and Proceedings on the first day on which the House next meets.

Disorder reported to House

(d)  Disorder in a Standing or Select Committee can only be censured by the House on receiving a report from the Committee.

Travel

122. (a) Standing and Select Committees may adjourn from place to place in Ontario.

Staff

(b)  Standing and Select Committees shall be severally empowered to retain the services of expert, professional, technical and clerical staff as may be deemed necessary.

Budget

(c)  Except with the written authorization of the Speaker, a Standing or Select Committee shall not incur any expenses related to matters referred to in clauses (a) and (b) until a budget for such expenditures has been approved in whole or in part by the Board of Internal Economy.

Annual budget

123. (a) At the beginning of each fiscal year or as soon as possible thereafter, the Clerk of the House shall prepare a budget for presentation to the Board of Internal Economy for its approval in whole or in part. The budget shall set forth in reasonable detail estimates of proposed expenditures of Standing and Select Committees for the fiscal year.

Supplementary budget

(b)  When the expenditures of any Committee have reached the limits set forth in any such budget, the Chair of the Committee shall present to the Board of Internal Economy, for its approval in whole or in part, a supplementary budget or budgets.

Committee Clerk to administer

(c)  The Clerk of a Standing or Select Committee shall administer and monitor the expenditures of any such Committee and shall advise the Committee if expenditures are likely to exceed the budget approved by the Board of Internal Economy.

Sub-committees

124. (a) Unless otherwise ordered, Standing or Select Committees shall have the power to appoint Sub-committees which shall have power to report from time to time to the Committee.

Appointment

(b)  Every such Sub-committee shall be appointed by motion, such motion specifying the terms of reference, the membership of the Sub-committee and the number of members required to constitute a quorum.

Sub-committee on Committee Business

125. Following the election of a Chair and Vice-Chair at its first meeting in each Session, a Standing Committee shall appoint a Sub-committee on Committee Business, consisting of the Chair of the Standing Committee as Chair and one member from each of the recognized Parties on the Committee, to meet from time to time at the call of the Chair or at the request of any member thereof and to report to the Committee on the business of the Committee.

Members designate matters for consideration in Committee

126. (a) Once in each Session, for consideration in that Session, each permanent member of a Committee set out in Standing Order 108 (a), (b) or (c) may propose that the Committee study and report on a matter or matters relating to the mandate, management, organization or operation of the ministries and offices which are assigned to the Committee, as well as the agencies, boards and commissions reporting to such ministries and offices.

Notice of motion
Consideration of motion

(b)  Notice of a motion by a member under this Standing Order shall be filed with the Clerk of the Committee not less than 24 hours before the member intends to move it in a meeting of the Committee. The Clerk of the Committee shall distribute a copy of the motion to the members of the Committee as soon as it is received. Whenever a motion under this Standing Order is being considered in a Committee, discussion of the motion shall not exceed 30 minutes, at the expiry of which the Chair shall put every question necessary to dispose of the motion and any amendments thereto.

Adoption of motion
Limitation on consideration

(c)  The proposal of a member for study and report must be adopted by at least two-thirds of the members of the Committee, excluding the Chair. Such study in the Committee shall not take precedence over consideration of a government public bill.

Report to House
Report may contain text of bill

(d)  Following its consideration of such a matter, the Committee may present a substantive report to the House and may adopt the text of a draft bill on the subject-matter. Where the text of a draft bill is adopted by the Committee, it shall be an instruction to the Chair to introduce such bill in his or her name, as the primary sponsor. The other Committee members who support the bill may have their names printed on the face of the bill as the secondary sponsors.

Time for debate

(e)  There shall be not less than three hours of debate in the House on such a bill, to take place at a time or times allotted by agreement of the House Leaders of the recognized Parties.

Only members may vote or move motion

127. Any member of the House who is not a member of a Standing or Select Committee may, unless the House or the Committee concerned otherwise orders, take part in the public proceedings of the Committee, but may not vote or move any motion, nor be part of any quorum.

Division in House

128. On a division being called in the House, the Chair of a Standing or Select Committee shall suspend the proceedings in the Committee for such time as will in his or her opinion enable members to vote in the division in the House and return to the Committee.

Time for divisions in Committees

129. (a) Immediately after the Chair of a Standing or Select Committee has put the question on any motion, there shall be, if requested by a member of the Committee, a wait of up to 20 minutes before the vote is recorded.

Show of hands unless recorded vote requested

(b)  Votes shall be taken by a show of hands unless a member of the Committee requests a recorded vote immediately after the question is put.

Vote recorded in Minutes of Proceedings

(c)  When a vote takes place in a Standing or Select Committee, the Clerk of the Committee shall record in the Minutes of Proceedings the question proposed, the name of the proposer and, if requested by a member of the Committee, the vote of each member present.

Chair's casting vote in tie

130. The Chair of a Standing or Select Committee shall not vote except in the case of a tie, when the Chair shall give a casting vote.

Reports of Committees

131. (a) The report of a Standing or Select Committee is the report as determined by the Committee as a whole or a majority thereof.

Same

(b)  No minority report may be presented to or received by the House.

Dissenting opinion

(c)  Every member of the Committee, other than the Chair, shall be permitted to indicate that he or she dissents from a particular recommendation or comment. The Committee shall permit a member to express the reasons for such dissent in an appendix to the report.

Deadline for filing dissenting opinion

(d)  The Chair of a Committee may establish a reasonable deadline for filing any dissenting opinion with the Clerk of the Committee.

Report signed by Chair

(e)  The report as agreed to shall be signed by the Chair, on behalf of the Committee, and shall be presented to the House by the Chair or by another member of the Committee authorized by the Chair or the Committee.

XXI. WITNESSES

Witness per diem and expenses

132. (a) The Speaker shall establish a reasonable sum per diem and a reasonable allowance for travelling expenses which may be paid, at the discretion of a Committee or the Chair thereof, to a witness summoned by a Speaker's Warrant or specifically invited to attend before any Committee of the House.

Expense report

(b)  The claim of a witness for payment shall state the number of days during which he or she was in attendance, the days necessary to travel to and from the Committee meeting and the amount of his or her travelling expenses, and shall be supported by all necessary receipts. Before being paid, such a claim shall be certified by the Chair and Clerk of the Committee before which the witness attended.

XXII. HANSARD

Full Hansard service for proceedings in Legislative Chamber

133. (a) Except where all strangers have been excluded on a motion properly moved and adopted by the House or a Committee of the Whole House, a full Hansard service shall be provided for all meetings of the House or the Committee as the case may be.

Hansard service for proceedings in Committees

(b)  A full Hansard service shall be provided for all Standing and Select Committees, except as may be otherwise ordered by a Committee.

XXIII. OFFICERS AND SERVANTS OF THE HOUSE

Duties of Clerk

134. The Clerk of the House shall have charge of all matters pertaining to the House and of legislation, under the direction of the Speaker. The Clerk shall be responsible for the safekeeping of all the papers and records of the House, and shall have direction and control of all the officers and clerks and all other employees of the House subject to such orders as he or she may from time to time receive from the Speaker or the House.

Clerks at the Table

135. The Clerk of the House shall appoint a Clerk whose duty it shall be under the Clerk's direction,

(a)  to call together all Standing and Select Committees of the House;

(b)  to certify whether petitions proposed to be presented by members are correct as to form and content;

(c)  to keep the Private Bill Register;

(d)  to post on all notice boards a notice of all Committee meetings for the following week and to send a copy of such notice to the Press Gallery;

(e)  to perform such matters of routine as may be assigned.

Orders and Notices Paper

136. (a) "Orders and Notices Paper" means the paper printed and distributed on any one Sessional day.

Same

(b)  When two Sessional days occur on the same calendar day, a single Orders and Notices Paper may be printed for both.

Copy of Orders and Notices Paper on each desk

137. (a) Each morning, before the meeting of the House, the Clerk shall cause to be placed on the Speaker's Table and on the desk of each member a copy of the Orders and Notices Paper for the day.

Votes and Proceedings and Journals

(b)  The Clerk shall see to the printing of the Votes and Proceedings and the Journals of the House and is responsible for the proper indexing of the Journals.

Clerks Assistant

138. (a) The Clerks Assistant shall assist the Clerk of the House in his or her duties at the Table and elsewhere as may be directed by the Clerk.

Absence of Clerk

(b)  In the absence of the Clerk of the House, the Clerks Assistant shall, ex officio, perform the duties of the Clerk.

Duties of Legislative Counsel

139. The Office of Legislative Counsel shall,

(a)  prepare and advise upon such legislation as may be required by the Executive Council or any member thereof and assist and advise members in all matters respecting the drafting of bills;

(b)  revise, print and put marginal notes on all public and private bills and generally be responsible for the correctness of all such bills in their various stages;

(c)  report to the Lieutenant Governor in Council any provisions in such bills deserving of special attention or that appear to prejudicially affect the public interest or that require amendment;

(d)  be present when required on the floor of the House when a bill is in Committee of the Whole House and revise every such bill before the third reading;

(e)  provide assistance to Standing or Select Committees considering bills;

(f)  report to the Chair of the Standing Committee on Regulations and Private Bills considering a private bill any provisions in the bill which are at variance with general Acts on the subjects to which the bill relates or with the usual provisions of Private Acts on similar subjects and any provisions deserving of special attention;

(g)  report to the Clerk of the House any bill or part thereof that should be referred to the Ontario Municipal Board or the Commissioners of Estate Bills under Standing Orders 87 and 88;

(h)  see to the preparation, printing and indexing of the annual statutes;

(i)  prepare and hand to the Clerk of the House messages respecting any sections of bills that impose a tax or specifically direct the allocation of public funds.

Sergeant-at-Arms

140. The Sergeant-at-Arms attending the House shall be responsible for the safekeeping of the Mace, furniture and fittings thereof.

Jurisdiction of Sergeant-at-Arms

141. The servants of the House and any security personnel within the precincts of the House shall be subject to the direction of the Sergeant-at-Arms.

Absence of Sergeant-at-Arms

142. In case of the absence of the Sergeant-at-Arms, his or her duties shall be performed by any other person appointed by the Speaker.

Management of Legislative Library

143. The management of the Legislative Library, including the regulation of admission, hours of operation, maintenance of a catalogue of books, and security and preservation of the collection, is the responsibility of the Executive Director of the Legislative Library, subject to such orders as the Executive Director may receive from time to time from the Speaker or the House.

Officers complete work of Session

144. It is the duty of the permanent officers of the House to complete the work remaining at the close of the Session.

XXIV. OTHER

Government House Leader and designates

145. References in these Standing Orders to the Government House Leader shall be deemed also to refer to a minister of the Crown, or the Deputy Government House Leader, or the parliamentary assistant to the Government House Leader, acting in place of the Government House Leader.

"Deborah F. Deller"


Deborah F. Deller,
Clerk of the Legislative Assembly of Ontario.

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