STANDING ORDERS
of the
LEGISLATIVE ASSEMBLY
OF BRITISH COLUMBIA
These Standing Orders are current to September 9, 2024
Adopted February 20, 1930
(Effective May 1, 1930)
(Including Amendments of April 1970, February, March, and October 1973,
June 1974, June 1977, February 1985, March 1987, May 1991, March 1992,
March 1994, April 1996, August 1996, April 1997, August 2001, February
2004, February 2006, April 2006, August 2009, February 2014, September
2017, March 2018, April 2018, October 2019, November 2019, February
2023, November 2023, March 2024 and September 2024.)
GENERAL RULE
Procedure in unprovided cases.
1.In all cases not provided for hereafter or by sessional or other orders, the usages, customs and precedents, firstly, of this House and, secondly, of the House of Commons of the United Kingdom of Great Britain and Northern Ireland shall be followed as far as they may be applicable to this House.
PART I — PUBLIC BUSINESS
Chapter I — Regulation and Management of the House
Sittings
Daily sittings.
2.(1)The time for the ordinary meeting of the House shall, unless otherwise ordered, be as follows:
| Monday: |
Two distinct sittings: 10 a.m. to 12 noon 1:30 p.m. to 6:30 p.m. |
| Tuesday: |
Two distinct sittings: 10 a.m. to 12 noon 1:30 p.m. to 6:30 p.m. |
| Wednesday: | 1:30 p.m. to 7:00 p.m. |
| Thursday: |
Two distinct sittings: 10 a.m. to 12 noon 1 p.m. to 5:30 p.m. |
(2)(a)Unless otherwise ordered, the House shall meet:
(i)the second Tuesday in February to the last Thursday in May inclusive; and
(ii)the first Monday in October to the last Thursday in November inclusive.
(b)The House shall stand adjourned during the week of Spring Vacation as provided in the School Act, the week of Good Friday, the week of Easter Monday, the 4th week after Easter (if Easter falls in March), the week of Victoria Day, the week of Thanksgiving Day and the week of Remembrance Day.
(c)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.
Hour of interruption.
3.If at the hour of 6:30 p.m. on any Monday and Tuesday, 7:00 p.m. on Wednesday or 5:30 p.m. on Thursday, the business of the day is not concluded and no other hour has been agreed on for the next sitting, the Speaker shall leave the Chair:
| On Monday | until 10 a.m. Tuesday |
| On Tuesday | until 1:30 p.m. Wednesday |
| On Wednesday | until 10 a.m. Thursday |
| On Thursday | until 10 a.m. Monday |
subject to the provisions of Standing Order 2 (2) (b).
4.Standing Order 4 repealed.
Decorum.
5.When the House adjourns the Members shall keep their seats until the Speaker has left the chamber.
Quorum
Quorum.
6.The presence of at least ten Members of the House, including the Speaker, shall be necessary to constitute a meeting of the House for the exercise of its powers.
Absence of quorum at commencement of sitting.
7.(1)If, at the commencement of a sitting there is not a quorum, the Speaker may declare a recess or adjourn the House until the next sitting.
Absence of quorum during sitting.
(2)If, during a sitting of the House, a question of quorum arises, the Speaker may ring the division bells and, no later than 5 minutes thereafter, count the House. If a quorum is then not present, the Speaker may declare a recess or adjourn the House until the next sitting.
Time and names entered in Journal.
(3)Whenever the Speaker adjourns the House for want of a quorum, the time of adjournment and the names of the Members then present shall be entered in the Journal.
Attendance required. Remote participation.
8.(1)Every Member is bound to attend the service of the House and is expected to make every effort to do so in person. The expectation of in-person attendance is higher for Members of the Executive Council, particularly for Oral Question Period and when a Minister is to answer questions on any assigned Votes within the Estimates in the Committee of Supply or answer questions on a Bill in a Committee of the Whole House.
(2)When a Member is unable to attend the service of the House in person, the Member may be authorized, in accordance with subsection (3)(b), to attend the service of the House through the approved videoconferencing technology, and will be counted as present for the purposes of quorum and for the purposes of determining a majority of votes. A Member participating in the business of the House by such means must have the audio and video functions enabled with their face clearly visible in order to be counted towards quorum, to participate in debate, and to vote.
(3)In enabling remote participation of Members in proceedings of the House, the Speaker shall:
(a)approve the videoconferencing technology platform used to support hybrid proceedings of the House, and
(b)establish and publish rules, expectations and requirements for remote connectivity and participation by Members, and shall consult the House Leaders or Whips as required.
(4)When a Member is participating in proceedings of the House by remote means, the Speaker is empowered to:
(a)exercise discretion on the application of Standing Order 17A as it may relate to the facilitation of participation of Members in proceedings of the House remotely;
(b)exclude a Member from participating if the Member has failed to meet the rules, expectations and requirements for remote connectivity;
(c)intervene on any matter of decorum, including by muting a Member’s microphone and excluding a Member from sittings of the House in cases of serious misconduct;
(d)exercise discretion in the interpretation of the provisions of any Standing Order requiring Members to stand or speak in their assigned place and with respect to the transmission of documents, as these requirements may relate to Members participating via the approved videoconferencing technology; and
(e)exercise discretion, in consultation with the House Leaders or the Whips, in the interpretation of any provision of the Standing Orders that may require leniency or alteration in order to allow a Member to be able to fully exercise their duties.
The Speaker
The Speaker’s duties.
9.The Speaker shall preserve order and decorum and shall decide questions of order and practice. In deciding a point of order or practice, the Speaker shall state the reasons for the decision and shall cite any Standing Order or other applicable authority. The Speaker may invite submissions from Members but no debate shall be permitted on any decision. No decision shall be subject to an appeal to the House.
Not to join in debate.
10.The Speaker shall not take part in any debate before the House. In case of an equality of votes, the Speaker shall give a casting-vote, and any reasons stated by him or her shall be entered in the Journal.
Election of Speaker.
11.(a)(1)The House at its first Session of a Parliament, and at any other time as determined pursuant to Standing Order 11(a)(2) shall make the election of Speaker the first order of business, which shall not be interrupted by any other proceedings.
(2)Where there is a vacancy in the Office of Speaker whether at the opening of a Parliament, or because the incumbent of that office has indicated his or her intention to resign the Office of Speaker, or for any other reason, the House shall proceed to elect one of its Members to be Speaker.
(3)No Minister of the Crown shall be eligible for election to the Office of Speaker.
(4)The election of a Speaker shall take precedence over all other business and no Motion of any kind shall be accepted, and the House shall continue to sit, if necessary, beyond its ordinary hour of daily adjournment, until a Speaker is elected and is installed in the Chair and if the House has continued to sit beyond its ordinary hour of daily adjournment, the Speaker shall thereupon adjourn the House until the next sitting, unless otherwise ordered.
11.(b)(1)For the purpose of electing a Speaker, the Clerk of the House, or in the absence of the Clerk, the Deputy Clerk or a Clerk Assistant, shall administer the election process and shall preside during the election of a Speaker.
(2)During the election of a Speaker, the Clerk of the House, Deputy Clerk or Clerk Assistant shall not be permitted to entertain any question of privilege or point of order.
(3)During the election of a Speaker, there shall be no debate.
11.(c)The election of a Speaker shall be conducted by secret ballot as follows:
(1)Any Member who does not wish to be considered for election to the Office of Speaker shall advise the Clerk of the House in writing no later than 6:00 o’clock p.m. on the day preceding the day in which the election of a Speaker is expected to take place.
(2)Before the taking of the first ballot, the Clerk of the House shall fix in the lobby an alphabetical list of candidates and shall distribute that list to Members present in the Chamber.
(3)Members present in the Chamber shall be provided with ballot papers by the Clerk of the House.
(4)Members wishing to indicate their choice for the Office of Speaker shall print the first and last name of a Member on the ballot paper and shall deposit their completed ballot papers in a box provided for that purpose at the Table.
(5)Once all Members wishing to do so have deposited their ballot paper, the vote shall be counted by the Clerks at the Table who, for this purpose, shall retire from the Chamber. The Clerk of the House, being satisfied as to the accuracy of the count, shall destroy the ballots together with all records of the number of ballots cast for each candidate, and all those persons present will in no way divulge the number of ballots cast for any candidate.
(6)If one candidate receives a majority of the votes cast, the Clerk of the House shall announce in the Chamber the name of that Member as Speaker.
(7)If no candidate receives a majority of the votes cast, the name of the candidate having the least number of total votes shall be excluded from subsequent ballots.
(8)If every candidate receives the same number of votes, no name shall be excluded from the next ballot.
(9)For each subsequent ballot, the Clerk of the House shall prepare an alphabetical list of candidates and affix that list in the lobbies, and distribute it to Members present in the Chamber.
(10)Subsequent ballots shall be conducted in the manner prescribed above, and the balloting shall continue, in like manner, until such time as a candidate is elected Speaker upon having received a majority of the votes cast.
(11)At any time after the result of the first ballot has been declared, but before the commencement of a second or subsequent ballot, a candidate may withdraw from the election, which shall then proceed as if such Member had not been nominated.
(12)If only one Member stands for election to Office of Speaker, or at any stage a withdrawal pursuant to the above rules leaves only one candidate remaining, the Clerk of the House shall announce in the Chamber that candidate’s name and without any vote declare that Member to be elected Speaker.
(13)The election of a Speaker shall not be considered to be a question of confidence in the Government.
Absence of the Speaker.
12.Whenever the House is informed by the Clerk at the Table of the unavoidable absence of the Speaker, the Deputy Speaker or Deputy Chairperson of the Committee of the Whole or, in their absence, any Member appointed by the House shall take the Chair and shall perform the duties and exercise the authority of the Speaker in relation to all the proceedings of the House until the meeting of the House on the next sitting-day, and so on from day to day on the like information being given to the House until the House otherwise orders.
Appointment of Speaker pro tem.
13.In the absence of the Speaker from the House for a period of 5 consecutive sitting days, the House may elect another of its Members to act as Speaker, and the Member so elected shall, during such absence of the Speaker, have and execute all the powers, privileges and duties of the Speaker.
Deputy Speaker and Deputy Chairperson
Deputy Speaker and Deputy Chairperson.
14.At the commencement of every Session, or from time to time as necessity arises, the House may appoint one of its Members to be Deputy Speaker and another Member to be Deputy Chairperson of the Committee of the Whole. In addition, the House may appoint one of the Members of the Official Opposition to be Assistant Deputy Speaker.
Duties of Deputy Speaker.
15.The Deputy Speaker or another Member of the House may take the Chair in the House or in Committee of the Whole whenever requested to do so by the Speaker or by the Deputy Speaker, and no formal communication to the House is necessary. The Deputy Speaker or other Member of the House shall, under this Standing Order, have and execute all the powers, privileges and duties of the Speaker.
Divisions
Divisions.
16.(1)When the Speaker rings the bells for a division, no further debate shall be permitted.
(2)When a division has been called, the division bells shall be rung forthwith. Not sooner than 5, nor longer than 10 minutes thereafter, the Speaker shall again state the question. No Member shall enter or leave the House or Committee of the Whole after the final statement of the question until the division has been fully taken, and every Member present shall vote. No Member participating remotely shall connect to or disconnect from the approved videoconferencing technology after the final statement of the question until the division has been fully taken.
Entries in Votes and Proceedings.
(3)On a division in the House or Committee of the Whole, the Yeas and Nays shall be entered in the Votes and Proceedings.
Deferring divisions.
(4)Divisions on debatable motions in the House or Committee of the Whole may be deferred to a time fixed by motion, without notice. The motion shall be a Government motion and decided without amendment or debate.
Conduct of Members
Decorum in the House.
17.(1)When the Speaker is putting a question, no Member shall walk out of or cross the House, or make any noise or disturbance.
(2)When a Member is speaking, no Member shall pass between the Member and the Chair, nor interrupt the Member, except to raise a point of order.
(3)No Member may pass between the Chair and the Table, nor between the Chair and the Mace, when the Mace has been taken off the Table by the Sergeant-at-Arms.
17a.(1)Electronic devices must not be used by a Member who is in possession of the floor, or during the following proceedings:
(a)Speech from the Throne;
(b)Royal Assent;
(c)Prayers and Reflections;
(d)Oral Question Period;
(e)Speaker’s rulings;
(f)divisions;
(g)at any other designated time pursuant to instructions by the Speaker.
(2)Members must ensure that electronic devices are used in a manner which does not disrupt the orderly conduct, or impinge on the dignity or decorum, of parliamentary proceedings.
(3)Electronic devices, such as laptop computers and handheld devices such as smart phones, must be operated silently at all times. Phone conversations are not permitted. Electronic devices must not be used to take photographs or make a video or audio recording of proceedings.
(4)Ministry officials present during Committee of Supply or Committee of the Whole proceedings may use electronic devices to access information.
Dress.
17b.(1)Members shall dress in professional contemporary business attire for all proceedings of the House.
(2)Indigenous attire, traditional cultural attire and religious attire are appropriate dress for Members.
(3)Headdress must not be worn during proceedings of the House, except when worn under the provision of subsection (2).
(4)Clothing and badges with brand names, slogans, advertising or messages of a political nature are not permitted to be worn during proceedings of the House.
(5)The Speaker shall oversee dress expectations for Members, may provide guidance, and may authorize exceptions to dress guidelines in appropriate circumstances.
Member having pecuniary interest not to vote.
18.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 so interested shall be disallowed.
Disorderly conduct.
19.The Speaker or the Chairperson of the Committee of the Whole shall order a Member whose conduct is grossly disorderly to withdraw immediately from the House or Committee of the Whole for the remainder of that day, and the Sergeant-at-Arms shall act on such orders as may be received from the Chair in pursuance of this Order.
Suspension of Member.
20.(1)Any Member who disregards the authority of the Chair or refuses to comply with an order of the Chair, or abuses the rules of the House by persistently and wilfully obstructing the business of the House, or otherwise, may be named by the Speaker or by the Chairperson of the Committee of the Whole, and, if the offence has been committed in the House, the Speaker shall forthwith put the question, on a motion being made without amendment, adjournment or debate, “That such Member be suspended from the service of the House”, and, if the offence has been committed in a Committee of the Whole, the Chairperson shall forthwith suspend the proceedings of the Committee and report the circumstances to the House, and the Speaker shall, on a motion being made thereupon, put the same question, without amendment, adjournment or debate, as if the offence had been committed in the House itself.
(2)If any Member is suspended under this Order, the suspension shall continue for a period not to exceed 15 consecutive sitting days from and including the day of suspension.
(3)When a Member has been suspended under this Order, the Speaker shall order that Member to withdraw immediately from the House, and if the Member shall refuse to obey the direction of the Speaker, when summoned under the Speaker’s orders by the Sergeant-at-Arms to obey such direction, the Speaker shall call the attention of the House to the fact that recourse to force is necessary in order to compel obedience to his or her direction, and the Member named by him or her as having refused to obey his or her direction shall thereupon and without any further question being put, be suspended from the service of the House for 30 consecutive sitting days, from and including the day of suspension.
Suspended Member.
21.A Member who is ordered to withdraw or is suspended from the service of the House is also thereby suspended from the Legislative Chamber and Committees of the House for the same period.
Suspended sittings.
22.(1)In the case of grave disorder arising in the House, the Speaker may recess or adjourn the House until the next sitting without question put.
(2)In the case of grave disorder arising in a Committee of the Whole, the Chairperson may recess the sitting of the Committee without question put.
Conduct of Strangers
House may be cleared.
23.If any Member takes notice that strangers are present, the Speaker or the Chairperson (as the case may be) shall forthwith put the question “That strangers be ordered to withdraw” without permitting any debate or amendment: provided that the Speaker, or the Chairperson, may, whenever he or she thinks proper, order the withdrawal of strangers. A stranger does not include an infant being cared for by a Member.
Conduct of strangers in House, Committees or galleries.
24.Any strangers admitted to any part of the House, Committees of the House or galleries who misconduct themselves, or who do not withdraw when directed to do so, shall be taken into custody by the Sergeant-at-Arms, and no person so taken into custody shall be discharged without special order of the House, or of the Speaker if the House be recessed or adjourned.
Chapter II — Business of the House
[Consequential Amendment — Motion passed February 15, 2006]
Routine Business
Daily routine.
25.The daily routine business of the House shall be as follows:
Prayers and Reflections (morning or afternoon sitting)
Introduction of Bills
Statements (Standing Order 25B) (afternoon sittings: Monday and Wednesday; morning sittings: Tuesday and Thursday)
Oral question period (30 minutes, afternoon sittings: Monday and Wednesday; 30 minutes, morning sittings: Tuesday and Thursday)
Presenting Petitions
Reading and Receiving Petitions
Presenting Reports by Committees
Motions on Notice
Written Questions on Notice
Proposed Amendments on Notice
Orders of the Day.
The order of business for consideration of the House day by day, after the above routine, shall, unless otherwise ordered, be as follows:
Monday
10 a.m. to 12 noon
(Private Members’ Time)
Private Members’ Statements (10 a.m.)
Public Bills in the Hands of Private Members and Private Members’ Motions
Private Bills
Public Bills and Orders and Government Motions on Notice
No division, on Orders of the Day, will be taken in the House or in Committee of the Whole during Private Members’ Time, but where a division is requested, it will be deferred until thirty minutes prior to the ordinary time fixed for adjournment of the House on the Monday, unless otherwise ordered.
Monday (afternoon), Tuesday, Wednesday and Thursday
(Government Days)
Throne Speech Debate
Budget Debate including Committee of Supply
Public Bills and Orders and Government Motions on Notice
Private Bills
Public Bills in the hands of Private Members
Adjourned debate on other motions
Private Members’ Statements
Private Members’ Statements.
25a.(1)The time allocated for Private Members' statements shall not exceed 30 minutes, and the time for each statement shall be limited to 5 minutes.
(2)Party Whips shall confer to settle the names of Private Members who will be recognized for "Private Members' Statements" for the following Monday and shall advise the Speaker by noon on the Thursday prior as to who has been selected, together with the topic of the statement.
(3)Private Members' statements shall not be subject to amendment, adjournment or vote.
(4)Statements under this Standing Order:
(a)shall be confined to one matter;
(b)shall not revive discussion on a matter which has been discussed in the same Session;
(c)shall not anticipate a matter which has been previously appointed for consideration by the House, in respect to which a notice of motion has been previously given and not withdrawn;
(d)shall not raise a question of privilege.
Statements
Statements.
25b.Six Private Members shall be permitted a two minute statement each day immediately prior to Oral Question Period subject to the following guidelines:
(1)A Member desiring to make a statement shall so advise his or her Whip 24 hours prior to the relevant day the statement is to be made.
(2)Party Whips shall confer to settle the names of the six Members who will be recognized for “Statements” for the following sitting day and shall advise the Speaker by noon of the day in question as to who has been selected, together with the topic of the statement.
(3)Statements under this Standing Order shall be subject to the ordinary parliamentary rules of decorum and debate.
Privilege.
26.Whenever any matter of privilege arises, it shall be taken into consideration immediately.
Precedence.
27.(1)All items standing on the Orders of the Day, other than Government orders and Second Reading of Public Bills in the Hands of Private Members and Private Members' motions, shall be taken up according to the precedence assigned to each on the Order Paper.
Government orders.
(2)Whenever Government business has precedence, Government orders may be called in such sequence as the Government thinks fit, and the Government may place Government orders at the head of the list on every sitting except Monday morning.
Urgent Government business.
(3)Notwithstanding Standing Orders 25, 25 A and 27(2), urgent Government business may, with the consent of the Speaker, be considered on Monday morning, and given priority over any other business.
Private Members' business.
(4)During Private Members' Time, Private Members' business shall be taken up according to the precedence assigned on the Order Paper. Second Reading of Public Bills in the Hands of Private Members and Private Members' motions shall be taken up according to the precedence established by a draw of Private Members.
Placement for Private Members' Business
Draw for assigned placements for Private Members' business.
27a.(1)At the earliest opportunity in a new Parliament, the Clerk of the House shall conduct a draw to establish the assigned placement of Private Members to propose business for the duration of that Parliament.
Exchanging or withdrawing place.
(2)A Member may exchange their placement with another Member or withdraw their place by providing the Clerk of the House with written notice of their intention to this effect.
List to be appended to the Order Paper.
(3)A list of assigned placements of Members to present Private Members' business shall be appended to the Order Paper.
New Private Members.
(4)A new Private Member shall be assigned to the bottom of the list for the order of placement for Private Members' business. If more than one Private Member is to be added at the same time, the Clerk of the House shall conduct a draw.
Public Bill or motion ruled out of order.
(5)A Private Member who has a Public Bill or motion standing in their name ruled out of order by the Speaker shall be added to the bottom of the placement list for Private Members' business.
Reinstatement of Private Members' business.
27b.At the beginning of the second or subsequent Session of a Parliament, all items of Private Members' business that were listed on the Order Paper during the previous Session shall be reinstated on the Order Paper to their last stage of consideration at the time of prorogation, maintaining their order of precedence.
Arrangement of Order Paper.
28.The day-to-day precedence on the Order Paper for Bills of all classes shall be as follows:
(1)Third reading;
(2)Report;
(3)Committee;
(4)Adjourned debate on second reading;
(5)Second reading.
29.Standing Order 29 is repealed.
30.Standing Order 30 is repealed.
Orders not taken up.
31.(1)Motions on Notice, not taken up when called, may on request be allowed to stand and retain their precedence; otherwise they will be dropped from the Order Paper, but they may be renewed.
Dropped orders.
(2)Orders not proceeded with when called, upon the like request, may be allowed to stand, retaining their precedence; otherwise they shall be dropped and be placed on the Order Paper for the next sitting after those of the same class at a similar stage.
(3)All orders not disposed of at the adjournment of the House shall be postponed until the next sitting-day, without a motion to that effect.
Business under consideration at interruption or adjournment to have precedence.
32.If, at the hour of interruption or at the time of adjournment of the House, a motion is under consideration, it shall not lapse but shall stand first on the Orders of the Day for the next sitting at which orders of a similar class are properly taken up, next after the orders to which a special precedence has been assigned by Standing Order or Order of the House.
Proceeding to the Orders of the Day.
33.When the House is engaged in Routine Business, a motion for reading or proceeding to the Orders of the Day shall have precedence to any motion before the House. No amendment to or debate on this motion shall be allowed.
Adjournment of House or debate.
34.A motion to adjourn (except when made for the purpose of discussing a definite matter of urgent public importance) shall be always in order; but no second motion to the same effect shall be made until after some intermediate proceedings shall have taken place.
Adjournment on Matter of Urgent Public Importance
Adjournment for special purposes.
35.(1)Leave to make a motion for the adjournment of the House, when made for the purpose of discussing a definite matter of urgent public importance, must be asked after the ordinary daily routine of business (Standing Order 25) has been concluded and before Orders of the Day are entered on.
Making statement.
(2)A Member wishing to move, “That this House do now adjourn” under this Standing Order, shall rise and state the matter briefly.
Written statement to Speaker.
(3)After the Member has stated the matter, he or she shall hand a written statement of the matter proposed to be discussed to the Speaker.
Decision.
(4)If the Speaker decides that the statement is in order and is of urgent public importance, he or she shall read the statement aloud and ask whether the Member has leave to move the motion. If objection is taken, the question of leave shall be decided on division without debate.
Speaker may defer decision.
(5)The Speaker may defer the decision upon whether or not the statement is in order and of urgent public importance. The proceedings of the House may be interrupted later for the purpose of announcing the decision.
Debate may be deferred.
(6)If leave has been obtained, the motion may stand over until 4:30 p.m. on that day, or the Speaker may direct that the motion be set down for consideration on the following sitting day at an hour specified by him or her.
[(7) not in use as per Consequential Amendment — Motion passed February 10, 2004]
Motion on Friday.
(7)If leave has been obtained on any Friday, the motion shall stand over until 4:30 p.m. the next sitting day, unless the Speaker shall direct that the motion be set down for consideration later the same Friday.
Time limits.
(8)The debate on the motion shall not exceed one hour, apportioned as follows:
Mover: 15 minutes
Other Members: 10 minutes each
Debate concluded.
(9)Upon expiration of the time limited for debate, the motion lapses and the House shall proceed to Orders of the Day or the next order of business, unless the House otherwise orders.
Restrictions.
(10)The right to move the adjournment of the House under this Standing Order is subject to the following restrictions:
(a)not more than one such motion may be made at the same sitting;
(b)not more than one matter shall be discussed on the same motion;
(c)the motion must not revive discussion on a matter which has been discussed in the same Session;
(d)the motion must not anticipate a matter which has been previously appointed for consideration by the House, or with respect to which a notice of motion has been previously given and not withdrawn;
(e)the motion must not raise a question of privilege;
(f)the discussion under the motion must not raise any question which, according to the Standing Orders of the House, can only be debated on a motion under notice.
Chapter III — Rules of Debate
Order in addressing the Chair.
36.Every Member desiring to speak shall do so from their assigned place and address the Speaker.
Precedence when two Members rise to speak.
37.When two or more Members rise to speak, the Speaker calls upon the Member who rose first in his or her place; but a motion may be made that any Member who has risen “be now heard” or “do now speak” which motion shall be forthwith put without debate.
Member to resume seat.
38.A Member who is addressing the House shall take his or her seat when
(a)called to order by the Speaker,
(b)a point of order is raised by another Member, or
(c)the Speaker rises.
Motion re Member’s conduct.
39.If any motion is made concerning the conduct of any Member, or his or her right to hold a seat, that Member may make a statement, remain in the House during the debate and, notwithstanding Standing Order 18, participate in any resulting vote.
Disrespectful or offensive language forbidden.
40.(1)No Member shall speak disrespectfully of His Majesty, nor of any Member of the Royal Family, nor the Governor General or the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada, nor of the Lieutenant Governor or the Chief Executive Officer or Administrator for the time being carrying on the Government of the Province.
(2)No Member shall use offensive words against any Member of this House.
Irrelevance in debate.
(3)No Member shall be irrelevant in debate.
Reflection on earlier vote.
(4)No Member shall reflect upon any vote of the House passed during the current Session, except for the purpose of moving that the vote be rescinded.
Reading the question.
41.When the question under discussion does not appear on the Order Paper or has not been printed and distributed, any Member may require it to be read at any time during the debate, but not so as to interrupt a Member while speaking.
No Member to speak twice.
42.(1)No Member may speak twice to a question except in explanation of a material part of his or her speech which may have been misquoted or misunderstood, but then the Member is not to introduce any new matter, and no debate shall be allowed upon such explanation.
Reply.
(2)A reply shall be allowed to a Member who has moved a substantive motion, but not to the mover of an amendment or an instruction to a Committee. Such reply shall close the debate.
(3)In all cases, the Speaker shall inform the House that the reply of the mover of the original motion closes the debate.
Irrelevance and repetition in debate.
43.The Speaker or the Chairperson of the Committee of the Whole, after having called the attention of the House or of the Committee to the conduct of a Member who persists in irrelevance or tedious repetition, either of that Member’s own arguments or of the arguments used by other Members in debate, may direct that Member to discontinue speaking and, if the Member still continues to speak, the Speaker or the Chairperson shall follow the procedures in Standing Orders 19 and 20.
Motion in abuse of Rules of House.
44.If the Speaker, or the Chairperson of a Committee of the Whole House, shall be of opinion that a motion for the adjournment of a debate, or of the House, during any debate, or that the Chairperson do report progress, or do leave the Chair, is an abuse of the Rules and privileges of the House, he or she may forthwith put the question thereupon from the Chair, or he or she may decline to propose the question to the House.
Debatable motions.
45.(1)The following motions are debatable: Every motion —
(a)On Orders of the Day except Government notices of motion for the House to go into Committee at a later date;
(b)For the concurrence in a report of a Standing or Special Committee;
(c)For the rescinding of a previous vote;
(d)For the second reading of a Bill;
(e)For the third reading of a Bill;
(f)For the adjournment of the House when made for the purpose of discussing a definite matter of urgent public importance;
(g)For the adoption in Committee of the Whole, or of Supply, of the resolution, clause, section, preamble, or title under consideration;
(h)For the appointment of a Committee;
(i)For reference to a Committee of a report or any return laid on the Table of the House;
(j)For the suspension of any Standing Order;
(k)And such other motion, made upon routine proceedings, as may be required for the observance of the proprieties of the House, the maintenance of its authority, the appointment or conduct of its officers, the management of its business, the arrangement of its proceedings, the correctness of its records, the fixing of its sitting-days, or the times of its meeting or adjournment.
(2)All other motions, including adjournment motions, shall be decided without debate or amendment.
Time Limit on Speeches and Duration of Debates
Time limit on speeches.
45a.In respect of a subject indicated in the following schedules to this Standing Order, the maximum period for which a Member may speak shall not exceed the period specified opposite that Member, and the other rules in that schedule apply.
|
Schedule 1 Address in Reply and Amendments |
||
|---|---|---|
| (i) | Mover and Seconder | 40 minutes each |
| (ii) | Leader of Government or designated Member | 2 hours |
| (iii) | Leaders of recognized opposition parties or designated Member thereof | 2 hours |
| (iv) | Any other Member including leaders where a Member has been designated under (ii) or (iii) | 30 minutes |
Time limit for Address in Reply to Debate.
(1)The proceedings on the Orders of the Day for presenting and debating the motion for an Address in Reply to the Speech from the Throne, and on any amendments and subamendments proposed thereto, shall not exceed 6 sitting days, comprising not less than 8 sittings.
Amendments and subamendments disposed of on fourth day.
(2)On the fourth of the said days, if an amendment or a subamendment be under consideration at 30 minutes before the ordinary time of daily adjournment, the Speaker shall interrupt the proceedings and forthwith put the question on any amendment and subamendment then before the House, and no further amendments shall be in order.
Main motion disposed of on sixth day.
(3)On the sixth of the said days, at 15 minutes before the ordinary time of daily adjournment, unless the said debate be previously concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion.
|
Schedule 2 Budget Debate and Amendments |
||
|---|---|---|
| (i) | Minister of Finance | 2 hours |
| (ii) | Leaders of recognized opposition parties or designated Member thereof | 2 hours |
| (iii) | Any other Member including leaders where a Member has been designated under (ii) | 30 minutes |
Time limit for Budget Debate.
(1)The proceedings on the Orders of the Day for debate on the motion “That the Speaker do now leave the Chair” for the House to go into Committee of Supply, and on any amendments and subamendments proposed thereto, shall not exceed 6 sitting days (excluding the day the Budget is presented), comprising not less than 8 sittings.
Amendments and subamendments disposed of on fourth day.
(2)On the fourth of the said days, if an amendment or subamendment be under consideration at 30 minutes before the ordinary time of daily adjournment, the Speaker shall interrupt the proceedings and forthwith put the question on any amendment and subamendment then before the House, and no further amendments shall be in order.
Main motion disposed of on sixth day.
(3)On the sixth of the said days, at 15 minutes before the ordinary time of daily adjournment, unless the said debate be previously concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion.
|
Schedule 3
Public Bills |
||
|---|---|---|
| (i) | Mover except as otherwise provided in (ii) | 40 minutes |
| (ii) | Leaders of recognized parties or designated Member thereof | 2 hours |
| (iii) | Any other Member including leaders where a Member has been designated under (ii) | 30 minutes |
|
Schedule 4 Private Members' Time Private Members' Motions |
||
|---|---|---|
| (i) | Mover | 5 minutes |
| (ii) | Any other Member | 5 minutes |
| (iii) | Mover in reply to close debate | 5 minutes |
Time limit for Private Members' motions debate.
(1)Debate on a Private Members' motion shall not exceed 75 minutes.
Question to be put.
(2)At 75 minutes, the Speaker shall interrupt the proceedings and forthwith put any question necessary to dispose of the main question.
Schedule 5 Private Members' Time Public Bills in the Hands of Private Members (Second Reading and Amendments) |
||
| (i) | Mover | 10 minutes |
| (ii) | Any other Member | 10 minutes |
| (iii) | Mover in reply to close debate | 5 minutes |
Time limit for Second Reading debate.
(1)Second Reading debate on a Public Bill in the Hands of a Private Member shall not exceed 75 minutes. A Second Reading debate may be adjourned and hold precedence for continuation of Second Reading debate at the next Private Members' Time.
Question to be put.
(2)At 75 minutes, the Speaker shall interrupt the proceedings and forthwith put any question necessary to dispose of the main question.
|
Schedule 6 In the House
Public Bills in the Hands of Private Members |
||
| (i) | Each Member | 3 minutes |
Time limit for Report Stage debate.
(1)Report Stage debate on a Public Bill in the Hands of a Private Member shall not exceed 15 minutes.
Question to be put.
(2)At 15 minutes, the Speaker shall interrupt the proceedings and forthwith put any question necessary to dispose of the main question.
Schedule 7 Private Members' Time Public Bills in the Hands of Private Members (Third Reading and Amendments) |
||
| (i) | Mover | 5 minutes |
| (ii) | Any other Member | 5 minutes |
| (iii) | Mover in reply to close debate | 2 minutes |
Time limit for Third Reading debate.
(1)Third Reading debate on a Public Bill in the Hands of a Private Member shall not exceed 20 minutes.
Question to be put.
(2)At 20 minutes, the Speaker shall interrupt the proceedings and forthwith put any question necessary to dispose of the main question.
Schedule 8 All Other Proceedings in the House not Otherwise Specifically Provided for |
||
| (i) | Mover except as otherwise provided in (ii) | 40 minutes |
| (ii) | Leaders of recognized parties or designated Member thereof | 2 hours |
| (iii) | Any other Member including leaders where a Member has been designated under (ii) | 30 minutes |
|
Schedule 9 (All Proceedings) |
||
|---|---|---|
| (i) | Leaders of recognized parties or designated Member thereof | one opening statement not exceeding 30 minutes — thereafter, 15 minutes |
| (ii) | Any other Member including a leader when another Member has been designated under (i) | 15 minutes |
Schedule 10 Public Bills |
||
|---|---|---|
| (i) | Each Member | 15 minutes |
Closure of Debate
Closure of debate.
46.(1)After a question has been proposed, a Member rising in his or her place may claim to move “That the question be now put,” and, unless it shall appear to the Chair that such motion is an abuse of the Rules of the House, or an infringement of the rights of the minority, the question, “That the question be now put,” shall be put forthwith, and decided without amendment or debate.
(2)When the motion, “That the question be now put,” has been carried, and the question consequent thereon has been decided, any further motion may be made (the assent of the Chair as aforesaid not having been withheld) which may be requisite to bring to a decision any question already proposed from the Chair. Such motions shall be put forthwith and decided without amendment or debate.
(3)Provided always that this Standing Order shall be put in force in the House only when the Speaker or, in his or her unavoidable absence, the Deputy Speaker (as provided in Standing Order 12) is in the Chair, or in the Committee, when the Deputy Speaker is the Chairperson of the Committee.
(4)This motion can be made on an amendment or on the stages of a Bill, or on amendments to Bills in Committee of the Whole when the Deputy Speaker is in the Chair.
Chapter IV — Questions
Written Questions
Questions.
47.(1)Questions may be placed on the Order Paper seeking information from the Ministers of the Crown relating to public affairs; and from other Members relating to any Bill, motion, or other public matter connected with the business of the House, in which such Members may be concerned; but in putting any such question no argument or opinion is to be offered, nor any fact stated. And in answering such question the matter to which the same refers shall not be debated, and the substance of all replies made by Ministers of the Crown to questions put to them shall be in writing and handed to the Clerk of the House, and entered in the Journals of the Session.
Questions to stand as notice.
(2)If in the opinion of the Speaker a question on the Order Paper put to a Minister of the Crown is of such a nature as to require a lengthy reply, the Speaker may, upon the request of the Government, direct the same to stand as a notice of motion, and to be transferred to its proper place as such upon the Order Paper, the Clerk of the House being authorized to amend the same as to matters of form.
Questions made order for return.
(3)A Minister may answer a question by way of a return, and an entry shall be made accordingly in the Votes and Proceedings.
Oral Questions
Oral Questions.
47a.There shall be a 30 minute Oral Question Period at the opening of each afternoon sitting on Monday and Wednesday and at the opening of each morning on Tuesday and Thursday, which shall be subject to the following rules:
(a)only questions that are urgent and important shall be permitted;
(b)questions and answers shall be brief and precise, and stated without argument or opinion;
(c)supplementary questions may be permitted at the discretion of the Speaker. There shall be no supplementary question to a question taken on notice;
(d)debate shall not be permitted;
(e)points of order arising during Oral Question Period may, at the discretion of the Speaker, be deferred until Question Period has been completed;
(f)Oral Question Period shall not take place on the day of the Speech from the Throne.
47b.Standing Order 47B repealed.
Chapter V — Notices and Unanimous Consent
Notices of motion, etc.
48.(1)Two days’ notice shall be given of a motion to present a Bill, resolution or address, for the appointment of any Committee, for the putting of a written question and for the suspension of Standing Orders, but this rule shall not apply to Bills after their introduction, or to Private Bills, or to the times of the meeting or adjournment of the House, or to a motion to proceed to the Orders of the Day. Such notice to be laid on the Table before adjournment and to be printed in the Votes and Proceedings of that day.
Two days’ notice for certain amendments.
(2)Two days’ notice shall be given of a motion to amend the motion on the Address in Reply to the Speech from the Throne, and the motion, “That the Speaker do now leave the Chair” for the House to go into Committee of Supply. Notice shall not be required for a subamendment.
Motion without notice, by leave.
49.A motion may be made by unanimous consent of the House without previous notice having been given under Standing Order 48.
Chapter VI — Motions; Amendments; Notices of Motion
Motions to be written and signed.
50.All motions, except the motion to adjourn and the closure motion, shall be in writing and signed by the mover before being debated or put from the Chair. Upon the motion being moved, it shall be read aloud by the Speaker before debate. No motion or amendment requires seconding before the question thereon is proposed from the Chair except:
(a)the motion for an Address in Reply to the Speech from the Throne and any amendment thereto;
(b)the motion “That the Speaker do now leave the Chair” for the House to go into Committee of Supply, and any amendment thereto.
Withdrawing Motions.
51.(1)A Member who has made a motion may withdraw the same by leave of the House.
Withdrawing notices of motion and question.
(2)A notice of motion or notice of question may be withdrawn without leave.
52.A motion negatived in Committee of the Whole may be made again in the House.
Motion to commit Bill.
53.A motion to refer a Bill, resolution, or any question to the Committee of the Whole, or any Standing or Special Committee, shall preclude all amendment to the main question.
Same Question not to be put twice.
Rescinding Votes.
54.A motion being once made, and carried in the affirmative or negative, cannot be put again in the same Session, but must stand as a judgment of the House; provided always that a vote in the affirmative may be rescinded and an Order of the House discharged on a motion to that effect.
Question under debate.
55.When a question is under debate, no motion may be received other than a motion:
(a)to amend it,
(b)to postpone it to a day certain,
(c)to proceed to Orders of the Day,
(d)to proceed to another Order,
(e)to adjourn the debate, and
(f)to move adjournment of the House.
56.Standing Order 56 is repealed.
57.Standing Order 57 is repealed.
Unparliamentary motion.
58.Whenever the Speaker is of opinion that a motion offered to the House is contrary to the rules and privileges of Parliament, he or she shall apprise the House thereof immediately before putting the question thereon, and quote the rule or authority applicable to the case.
Chapter VII — Committee of the Whole
59.Standing Order 59 is repealed.
Committee of Supply.
60.The Committee of Supply shall be appointed for the Session on motion without previous notice.
Reference of Estimates to Select Standing Committee.
60a.At any time after the Estimates have been referred to the Committee of Supply, the Government House Leader may refer Votes within the Estimates to a Select Standing Committee upon motion without notice. Such motion shall be decided without amendment or debate.
Standing Orders of the House to be observed.
61.(1)The Standing Orders of the House shall be observed in the Committees of the Whole so far as may be applicable, except Standing Orders limiting the number of times a Member may speak.
Relevancy.
(2)Speeches in Committee of the Whole must be strictly relevant to the item or clause under consideration.
Chairperson maintains order.
(3)The Chairperson shall preserve order and decorum in the Committee of the Whole and shall decide questions of order and practice. In deciding a point of order or practice, the Chairperson shall state the reasons for the decision and shall cite any Standing Order or other applicable authority. The Chairperson may invite submissions from Members but no debate shall be permitted on any decision. No decision shall be subject to an appeal to the House.
Disorder in Committee.
(4)Subject to Standing Orders 19 and 20, disorder in a Committee of the Whole may only be censured by the House on receiving a report thereof. Words used in a Committee of the Whole to be reported to the House must be taken down in writing.
Motion to leave the Chair.
62.A motion that the Chairperson of a Committee of the Whole leave the Chair shall always be in order, shall take precedence of any other motion, and shall not be debatable. Such motion, if rejected, cannot be renewed unless some intermediate proceeding has taken place.
When Chairperson of Committee leaves Chair without question put.
63.When the Chairperson of a Committee of the Whole has been ordered to make a report to the House, he or she shall leave the Chair without question put.
Report to be brought up without question.
64.Every report from a Committee of the Whole shall be brought up without any question being put.
65.Standing Order 65 is repealed.
Motions recommending expenditure of public money.
66.The House will not receive any resolution stating an express or abstract opinion of the House on recommending the expenditure of public money unless recommended by the Crown.
All Bills, etc., appropriating public revenue to originate by Message.
67.It shall not be lawful for the House to adopt or pass any vote, resolution, address, or Bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to the House by Message of the Lieutenant-Governor in the Session in which such vote, resolution, address, or Bill is proposed. (Vide R.S.B.C. 1996, chap. 66, sec. 47 (Constitution Act).)
Chapter VIII — Select Standing and Special Committees; Witnesses
Select Standing Committees.
68.(1)At the commencement of each Session a Committee of Selection shall be appointed without notice, whose duty it shall be to prepare and report, with all convenient speed, lists of Members to compose the following Select Standing Committees of the House:
1. Aboriginal Affairs;
2. Agriculture, Fish and Food;
3. Children and Youth;
4. Crown Corporations;
5. Education;
6. Finance and Government Services;
7. Health;
8. Legislative Initiatives;
9. Parliamentary Reform, Ethical Conduct and Standing Orders;
10. Private Bills and Private Members' Bills;
11. Public Accounts.
List of Committees to be posted.
(2)The Clerk of the House shall post a list of the Select Standing and Special Committees appointed during the Session.
Special Committees.
69.(1)Special Committees may be appointed on motion with notice.
Select Standing Committees — additions and substitutions.
(2)If it is later necessary to add or substitute a Member or Members to a Select Standing or Special Committee, a motion on notice shall be given specifying the names of the Members proposed to be added or substituted.
Reports, how made.
70.Reports of Select Standing and Special Committees may be presented by a Member in the House during routine business.
Proceedings and voting in Committee.
71.(1)The Standing Orders of the House shall be observed in the Select Standing and Special Committees to the same extent as the same may be applicable to the Committees of the Whole House as provided in Standing Order 61, except as to the Chairperson’s voting powers in the Select Standing Committee on Private Bills and Private Members' Bills as provided for by Standing Order 107. Procedural matters arising in Committee shall be decided in Committee.
Quorum.
(2)A majority of the Members of a Committee shall be a quorum, unless the House has otherwise ordered.
Witnesses
Witnesses summoned to Committee.
72.(1)Witnesses may be summoned to attend before any Committee of the House upon a motion to that effect being passed by the Committee.
Payment.
(2)The Clerk of the House may authorize the payment to witnesses so summoned of a reasonable sum per diem during their travel and attendance, to be determined by the Speaker (the daily rate if allowed to be the same in all cases), and a reasonable sum for travelling expenses.
Certificate.
(3)The claim of a witness for payment shall state the number of days during which he or she has been in attendance, the time of necessary travel, and the amount of his or her travelling expenses, which claim and statement shall, before being paid, be certified by the Chairperson and a Clerk of the Committee before whom such witness has been summoned, and no such payment shall be made in any case without the authority of the Speaker, which shall be signified by his or her endorsement upon such certificate.
Chapter VIIIA — Committee on Crown Corporations
Chapter VIIIA and Standing Order 72A are repealed.
Chapter IX — Petitions
How and when presented.
73.(1)A petition substantially in the form prescribed by Appendix A may be presented by a Member for the redress of an alleged public grievance.
(2)The petition must contain a clear, concise, accurate and temperate statement of the facts for which the intervention of the House is requested and the signature of all the petitioners.
(3)No petition can be received which requests any expenditure, grant or charge on the public revenue, whether payable out of the consolidated revenue fund or out of moneys to be provided by the House.
(4)A petition, on being presented and meeting the requirements of this Standing Order, is deemed to have been received, and copies shall be made available to a Member on request. Tabling of the petition shall be recorded in the Votes and Proceedings.
(5)Members presenting petitions shall be answerable that they do not contain impertinent or improper matter.
Chapter X — Proceedings on Public Bills
Introduction of Bills.
74.Every Bill shall be introduced upon motion specifying the title of the Bill.
Bills must be complete.
75.No Bill may be introduced either in blank or in imperfect shape.
Bills affecting the Constitution.
76.Any Bill affecting the Constitution must be introduced by a Member of the Government or with the sanction of the Government.
Bills negatived not to be introduced again.
77.A Bill having been negatived shall not be again introduced in the same Session.
First reading not debatable.
78.When a Bill is presented by a Member, the question, “That this Bill be NOW read a first time,” shall be decided without amendment or debate.
Reference to Select Standing Committee.
78a.At any stage after introduction a Bill may be referred to a Select Standing Committee upon motion without notice made by the Member in charge of the Bill. Such motion shall be decided without amendment or debate.
Second reading after Bill printed and distributed.
79.No Bill shall be read a second time until it has been printed and distributed, and has been subsequently marked on the Orders of the Day — thus, PRINTED (signifying that it has been printed and distributed).
Bills amended in Committee to be reprinted.
80.When a Bill has been amended in Committee of the Whole House, or by any Select Standing Committee, it shall be reprinted as amended; and when the Bill has been sent to be printed it shall be marked on the Orders of the Day — thus, NOT REPRINTED; and shall not be further proceeded with until that mark has been removed and the word PRINTED substituted (signifying that the Bill has been reprinted and distributed).
Bills to receive three readings before passing.
Urgency cases.
81.Every Bill shall receive three readings, on different days, prior to being passed. After the second reading it shall be ordered for committal on a subsequent day. On urgent or extraordinary occasions, a Bill may be read twice or thrice, or advanced two or more stages in one day.
Time allocation.
81.1(1)When a Minister of the Crown, from his or her place in the House, states that there is agreement among the representatives of all parties to allot a specified number of days or hours to the proceedings at one or more stages of any public bill, the Minister may propose a motion, without notice, setting forth the terms of such agreed allocation; and the motion shall be decided forthwith, without debate or amendment.
(2)A Minister of the Crown who from his or her place in the House, has stated that an agreement could not be reached under the provisions of section (1) of this Standing Order in respect of proceedings at one or more stages of a public bill, may propose without notice a motion for the purpose of allotting a specified number of days or hours for the consideration and disposal of proceedings at one or more stages of a public bill. The motion shall be decided forthwith, without debate or amendment. Any proceedings interrupted pursuant to this section of this Standing Order shall be deemed adjourned.
Clerk to certify on Bill the stage it has passed.
82.When a Bill is read in the House the Clerk shall certify upon it the readings. After it is passed he or she shall certify the same, with the date, at the head of the Bill.
Bills to be read twice before committal.
83.Subject to Standing Order 78A, every Bill shall be read twice in the House before committal or amendment.
Proceedings in Committee of the Whole.
84.(1)In proceedings upon Bills in Committee of the Whole, every clause shall be considered by the Committee in its proper order, with the preamble and title being considered last.
(2)Any clause may be postponed but shall be taken up before the Bill has been reported to the House.
Private Members' Bills to be committed to Select Standing Committee.
84a.(1)When a Public Bill in the Hands of a Private Member has received Second Reading, it shall stand committed to the Select Standing Committee on Private Bills and Private Members' Bills.
(2)The Select Standing Committee on Private Bills and Private Members' Bills shall, within 30 sitting days of the Bill's committal to the Committee, report the Bill back to the House with or without amendment.
(3)The Select Standing Committee on Private Bills and Private Members' Bills shall be appointed for the life of a Parliament and may continue consideration of any committed Bill, without interruption following prorogation.
Amendments to be reported.
Amendments on report.
Bills returned for further amendment.
85.All amendments made in Committee shall be reported by the Chairperson to the House, which shall receive the same forthwith. After report the Bill shall be open to debate and amendment, on a subsequent day, before it is ordered for a third reading. But when a Bill is reported without amendment it is forthwith ordered to be read a third time, at such time as may be appointed by the House. Whenever any Bill shall be presented to the Lieutenant-Governor for assent thereto, he or she may return the same by Message for the reconsideration of the Assembly, with such amendments as he or she may think fitting.
Recommittal.
Instructions to Committee.
86.When the order of the day for the third reading of any Bill is read, any Member desiring to recommit the same must move to discharge the order and to recommit the Bill, and, upon such motion being resolved in the affirmative, the Member shall give notice of the instructions proposed to be given (if any), and such instructions shall not be taken into consideration before the next sitting of the House.
Revising and certifying Bills by Law Clerk.
87.It shall be the duty of the Law Clerk of the House to revise all Bills after their first reading, and to certify thereon that the same are correct; and in every subsequent stage of such Bills the Law Clerk shall be responsible for the correctness of Bills, should they be amended.
Amendment of Bills.
88.Whenever it is desired to amend a section or subsection in either a Public or Private Act, by deleting, substituting, or adding words to the said section or subsection, the whole or material part of the said section or subsection should be repealed and re-enacted as it is intended it should be read, unless the sense of the amendment be more plainly manifested by a simple deletion, substitution, or addition; and it shall be the duty of the Law Clerk to alter any Bill after its introduction, so as to comply with this rule, before the second reading thereof.
Chapter XI — Offer of Money to Members; Bribery in Elections
A high crime.
89.The offer of any money or other advantage to any Member of this House, for the promoting of any matter whatsoever depending or to be transacted in the House, is a high crime and misdemeanour, and tends to the subversion of the Constitution.
Proceedings in case of bribery.
90.If it shall appear that any person has been elected and returned a Member of this House, or endeavoured so to be, by bribery, or any other corrupt practices, this House will proceed with the utmost severity against all such persons as shall have been wilfully concerned in such bribery or other corrupt practice.
Chapter XII — Effect of Prorogation on Orders for Returns
Prorogation not to nullify order or address for returns.
91.A 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 of the House, if not complied with during the Session, shall be brought down during the following Session, without renewal of the order.
Chapter XIII — Officers of the House
The Clerk of the House
Duties of the Clerk.
92.The Clerk of the House is responsible for the safe-keeping of all the papers and records of the House, and has the direction and control over all the officers and clerks employed in the offices, subject to such orders as he or she may from time to time receive from the Speaker or the House.
Orders of the Day.
93.The Clerk of the House shall place on the Speaker’s Table every morning, previous to the meeting of the House, the order of the proceedings for the day.
The Law Clerk
Duties of the Law Clerk.
94.It shall be the duty of the Law Clerk of the House to:
(1)Revise before third reading all amendments made by any Committee.
(2)Report to the Chairperson of the Select Committee on Standing Orders and Private Bills:
(a)Any provisions in Private Bills which are at variance with general Acts on the subjects to which said Bills relate; or with the usual provisions of Private Acts on similar subjects;
(b)Any provisions of special attention;
(c)Any provisions that do not appear to have been contemplated in the petition for the Bill;
(d)And generally to facilitate the work of the Committee.
(3)To revise, print, and put marginal notes upon all Bills, and be generally responsible for the correctness of all Bills in their various states as provided in Standing Orders 87 and 88.
(4)To see that the annual volume of Statutes is prepared and printed.
The Sergeant-at-Arms
Sergeant-at-Arms.
95.(1)The Sergeant-at-Arms shall be responsible for the safe-keeping of the Mace, furniture, moveable property and fittings of the House.
(2)The Sergeant-at-Arms has the direction and control over all messengers, pages and other employees, subject to such orders as he or she may receive from the Speaker or the House.
(3)The Sergeant-at-Arms shall preserve order in the galleries, corridors, lobbies and precincts.
Completion of Work
Completion of the work at close of Session.
96.It is the duty of the officers of this House to complete and finish the work remaining at the close of the Session.
PART II — PRIVATE BILLS
Application for Private Bills.
97.Any person may apply for a Private Bill by filing with the Clerk of the House not later than 14 days after the opening of a Session:
(a)a petition in the form prescribed by Appendix A,
(b)200 copies of the Bill,
(c)a fee of $500,
(d)a copy of the Notice published,
(e)the authority of the agent or attorney in fact of the applicant, and
(f)the name of the Member sponsoring the Bill.
Notice of application for Private Bill to be advertised.
98.(1)The applicant for a Private Bill shall publish a Notice stating clearly the nature and objects of the proposed Act and the name and address of the applicant,
(a)in 2 issues of The British Columbia Gazette, and
(b)once a week for 2 consecutive weeks in a newspaper having a general circulation in the area where reside the parties or the majority of the parties likely to be particularly interested in, and affected by, the proposed Act.
(2)At least one of the Notices must have been published at the time of filing the application.
(3)Publication of the Notices shall be verified by an affidavit or statutory declaration which shall be filed with the Law Clerk, before First Reading of the Bill.
Legislative Counsel to receive copy of Private Bill.
99.The Law Clerk shall forward a copy of all Private Bills to the Legislative Counsel.
Bills to be printed by King’s Printer and cost paid by applicant.
100.The King’s Printer shall print all Private Bills, and the applicant shall pay the cost of such printing as and when prescribed by the Law Clerk.
Remission of fees paid.
101.The fees, or any portion thereof, paid with respect to a Private Bill may be remitted by the Committee at its discretion.
Certified cheques.
102.All fees shall be payable by certified cheque to the Minister of Finance of the Province of British Columbia.
Procedure when Bill opposed.
103.A person who objects to a proposed Private Act and whose interest or property may be affected by it may be permitted to appear before the Committee provided that the applicant and the Committee shall first have received in writing at least 3 days’ notice of the nature of such objection.
Progress of Bill after certification of Law Clerk issued.
104.(1)When the requirements for an application for a Private Bill have been met, the Law Clerk shall so certify and cause the Bill to be placed on Orders of the Day for Introduction and First Reading.
Procedure when certification of Law Clerk not issuable.
(2)If the Law Clerk has not so certified, he or she shall place the application before the Committee. The Committee may waive any requirements of the Standing Orders relating to the application and may
(a)report to the House thereon,
(b)authorize the Law Clerk to cause the Bill to be placed on the Order Paper for Introduction and First Reading, or
(c)issue such other Order as the Committee deems appropriate.
Referral of Bill to Committee.
105.When a Private Bill has received First Reading it shall stand referred to the Select Standing Committee on Private Bills and Private Members’ Bills, herein referred to in this part as “the Committee”.
Notice of meeting of Committee on Bill.
106.Five calendar days’ notice of any meeting for the consideration of a Private Bill by the Committee shall be posted in the lobbies by the Clerk of the House and printed in the Votes and Proceedings of the day of such posting and thereafter in Orders of the Day until the day after such meeting.
Voting in Committee on Bill.
107.All questions before the Committee are decided by majority of votes including the vote of the Chairperson.
Reprinting of Bill after amendment.
108.The Committee shall report Private Bills to the House in every case, and Private Bills amended by the Committee shall be reprinted before further consideration or report.
Variance between Bill and Notice to be reported.
109.Any substantial variance between a Private Bill and the Notice for the same shall be reported to the House by the Committee.
Report when preamble not proved.
110.(1)When the Committee reports to the House that the preamble of the Bill has not been proved to its satisfaction, or otherwise reports unfavourably on the Bill, the Committee must also state its reasons for arriving at such decision.
Second reading of Private Bills.
(2)Private Bills favourably reported to the House by the Committee shall automatically be placed on the Orders of the Day for Second Reading.
Chairperson to sign copy of Bill with amendments.
111.The Chairperson of the Committee shall sign a printed copy of the Bill with any amendments made and clauses added in Committee.
Parliamentary Agent to obtain certificate.
112.A person may act as Parliamentary Agent upon receipt of a certificate from the Clerk of the House.
Unprovided cases.
113.Except as herein otherwise provided, the Standing Orders relating to Public Bills shall apply to Private Bills.
Application of notice of Standing Orders and notice of application for Private Bill.
114.The Clerk of the House shall publish Notice of the time for receiving applications for a Private Bill in The British Columbia Gazette and in such other newspapers from time to time as the Clerk may deem advisable.
Private Bill Register to be kept by Law Clerk.
115.A Private Bill Register shall be kept by the Law Clerk in which he or she shall enter the title of the Bill and the proceedings thereon.
PART III — LEGISLATIVE LIBRARY
Library catalogue.
116.The Legislative Librarian shall maintain a catalogue of the Library and shall file an annual report to the House, through the Speaker, as soon as practicable after the opening of each Session.
Use of Library.
117.No person shall be admitted to the Library during a Sitting of the House, except the Lieutenant-Governor, the Members of the Executive Council and Legislative Assembly and their personally introduced guests, the Officers of the House and such other persons as may receive written permission from the Speaker.
Books not to be removed during Session.
118.During a Session of Parliament no books belonging to the Library shall be taken out of the building, except by the authority of the Speaker, or upon receipt given by a Member of the House.
Management of the Library.
119.The management and control of the Legislative Library shall rest with the Speaker.
PART IV — RECORDING OF DEBATES
Recording of debates.
120.The debates of the Legislative Assembly in the House and all Committees of the House shall be recorded by means of magnetic-tape recorders or other suitable recording devices in accordance with the following rules:
Magnetic-tape record under control of the Speaker.
(1)The magnetic-tape record of the said debates shall be under the control and custody of the Speaker and no duplicate or copy of the magnetic-tape record shall be made without the express authority of the Speaker.
(2)The public use, employment, publication, transmission, or broadcast outside of the House of the magnetic-tape record of the said debates, or any portion thereof, is prohibited without the express authority of the Speaker.
(3)Any person who, without the express authority of the Speaker, offends against sections 1 and 2 of this Order may be considered in contempt of the House.
(4)When any question arises in the House as to the words spoken by a Member in its said debates of the House and all Committees of the House, the Speaker may use the magnetic-tape record as evidence of the actual words spoken by that Member.
(5)An official report, substantially verbatim, of the said debates in the House and Committee of the Whole shall be prepared under the supervision of the Speaker and a copy thereof shall be distributed:
(a)without charge to every Member, and
(b)to any other person at a charge to be fixed by Order in Council.
(6)A Member may make no alterations, additions or deletions to the report which would in any way tend to change the context of that which has been spoken.
APPENDIX A — FORM OF PETITION
(For Private Bill or Other Purposes)
To the Honourable the Legislative Assembly of the Province of British Columbia, in Legislature Assembled:
The petition of the undersigned, __________ , of the __________, states that: [here state the object of the petition, briefly setting forth the reasons therefor].
Your petitioners respectfully request that the Honourable House [take such action as may be deemed appropriate.]
Dated __________ day of __________, 20 __.
(Signatures)
APPENDIX B — PRIVATE BILLS
1.(a)When all requirements for an application for a Private Bill have been met, the Law Clerk will so certify and the Bill will be placed on Orders of the Day for Introduction and First Reading.
(b)If all the requirements have not been met, the Law Clerk will place the application before the Select Standing Committee on Private Bills and Private Members' Bills. The Committee will then determine if and when and upon what conditions (if any) the Bill will be placed on the Order Paper for Introduction and First Reading.
2.After the Bill has obtained its first reading, without further order it stands referred to and in charge of the Committee.
3.When the Committee favourably reports upon the Bill, the Bill will automatically be placed on the Orders of the Day for second reading on the day following the report.
PRACTICE RECOMMENDATION 1
(Standing Order 16) — DIVISIONS
In any voice vote a Member may ask the Chair to announce to the House or Committee that the motion in question was “carried (or defeated) on division” without an actual division being taken under Standing Order 16. Upon the Chair so announcing, the Votes and Proceedings should record the fact accordingly.
PRACTICE RECOMMENDATION 2
— INTRODUCTIONS
Introductions should be brief, precise and non-argumentative, and not permitted whilst another Member is addressing the House, without the consent of such Member.
PRACTICE RECOMMENDATION 3
(Standing Order 46) — TIME ALLOCATION
(1)Rather than adopt as a Standing Order a form of time allocation, agreement reached as the result of consultation may be announced to the House by the Government House Leader.
(2)The Government House Leader may announce to the House that the Government will proceed under Standing Order 46 if the motion in question has not passed the House or Committee by a certain day and hour.
PRACTICE RECOMMENDATION 4
(Standing Order 68) — CLERK FOR COMMITTEE
The Office of the Clerk to provide for a Clerk of Committees to be available on request of the Standing or Special Committees.
PRACTICE RECOMMENDATION 5
(Standing Order 74) — STATEMENT UPON INTRODUCTION OF A BILL
Permit a statement not to exceed 2 minutes by the Member in charge of introduction of a Bill to explain its purpose. No further debate shall be permitted at this stage.
PRACTICE RECOMMENDATION 6
(Standing Orders 16(4), 60a and 78a) —
CONSULTATION
Before moving the motions provided for in Standing Orders 16(4), 60A and 78A there should be consultation between the Government and the Official Opposition.
PRACTICE RECOMMENDATION 7
(Standing Order 26) — PRIVILEGE — NOTICE TO THE SPEAKER
A Member wishing to raise a question of privilege should, as a matter of courtesy, give the Speaker notice in writing within a reasonable time before raising the matter in the House.
PRACTICE RECOMMENDATION 8
(Standing Order 35) — NOTICE TO THE SPEAKER
A Member proposing to move a motion under Standing Order 35 should, as a courtesy, give the Speaker notice in writing within a reasonable time before raising the matter in the House.
PRACTICE RECOMMENDATION 9
(Standing Order 45A) — DESIGNATED SPEAKER
A Member who wishes to speak as designated Member should advise the Chair as early as possible after the commencement of his or her speech.
PRACTICE RECOMMENDATION 10
— REVISED SUPPLY PROCEDURE UPON COMPLETION OF ESTIMATES
1.Upon completion of consideration of all the estimates, the Chairperson will leave the Chair on motion and report the fact to the Speaker.
2.Minister of Finance will then move that the House agree with the resolutions passed in Committee of Supply.
3.The Minister of Finance will then move that the requisite amounts to make good the supply be granted to His Majesty for the public service and other purposes from and out of the consolidated revenue fund.
4.The Minister of Finance presents the Supply Bill, and moves the usual motions.
(This is complementary to the changes in the Standing Orders eliminating the Committee of Ways and Means and replaces 18 motions formerly required.)