Rules of the House Committee — Report 1 (4th Legislature, 42nd Session)

RH 4-42-01

Manitoba — Committees

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Rules of the House Committee — Report 1 (4th Legislature, 42nd Session)

RH 4-42-01

Manitoba — Committees

TO THE HONOURABLE THE LEGISLATIVE ASSEMBLY OF MANITOBA Your Standing Committee on Rules of the House presents the following as its First Report. Meetings Your Committee met on May 31, 2022 at 4:00 p.m. in Room 255 of the Legislative Building. Matters under consideration Amendments to the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba Committee Membership • Hon. Mrs. DRIEDGER (Chairperson) • Ms. FONTAINE • Hon. Mr. GERRARD • Hon. Mr. GOERTZEN • Mr. LAGASSÉ • Mr. MARTIN • Mr. MICKLEFIELD • Mr. MOSES • Mr. NESBITT • Mr. WASYLIW • Mr. WISHART Your Committee elected Mr.

MICKLEFIELD as the Vice-Chairperson. Officials Speaking on Record • Ms. Patricia Chaychuk, Clerk of the Legislative Assembly of Manitoba • Mr. Rick Yarish, Deputy Clerk of the Legislative Assembly of Manitoba Amendments to Rules Considered and Reported At the May 31, 2022 meeting your committee agreed to report the following amendments to the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba: THAT the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba be amended as follows: THAT sub-rule 1(3) be amended by adding the following

definitions in alphabetical order: “distributed” means the provision of a document to the House, either by providing a physical copy in the Chamber or committee rooms, or by providing an electronic copy; “document” means either a hard copy version or electronic version of a document referenced in the House (in the event of a discrepancy between the two versions of a document, the hard copy version will be considered the correct version); “tabling” means the provision of a document to the House by any Member during a House or Committee proceeding, either by providing a physical copy to the Clerks’ Table in the Chamber or committee rooms, or by providing an electronic copy; THAT sub -rule 1(3) be amended by deleting the current “ supply Bill” entry and replacing it with the following: “Supply Bill” means a Bill relating to interim, main or supplementary supply, such as an Appropriation Act.

THAT sub -rule 2(1) be amended by deleting the current sixth paragraph and sub paragraphs and replacing it with the following: On the last Thursday sitting prior to the Remembrance Day Week, the House will not adjourn until the questions have been put and Royal Assent granted for the following items: (

a) the Designated Bills; (

b) the Business of Supply set out in sub- rule 76(1) including The Appropriation Act ; and (

c) The Budget Implementation and Tax Statutes Amendment Act . THAT sub-rule 2(10) be repealed and replaced with the following: Second Reading Completion Days for Specified Bills 2(10) On the same sitting day identified in sub -rule (9), and after Bills have been designated by the Opposition parties, the following provisions shall apply: (

a) if Routine Proceedings has not concluded 90 minutes prior to the usual adjournment hour, the Speaker must terminate Routine Proceedings and proceed to Orders of the Day; (

b) at 60 minutes prior to the usual adjournment hour, the Speaker will interrupt debate and call for Second Reading of all remaining Specified Bills in an orde r that is to be announced by the Government House Leader, or in the order listed on the Order Paper; (

c) the House shall sit until midnight to consider Second Reading of Specified Bills, and the House may sit past midnight only with unanimous consent; (

d) for each Specified Bill that has not yet been called for debate by this day, debate shall proceed as follows: (

i) the Minister must move the Second Reading motion and may speak for a maximum of 10 minutes, (ii) a question period of up to 15 minutes may occur according to the provisions of sub- rule 136(5), (iii) Critics and each Independent Member may speak for a maximum of 10 minutes, (iv) the Speaker shall then put the question; (

e) for each Specified Bill tha t has been called for debate previously, debate shall proceed as follows: (

i) if the question period has not yet occurred, it shall take place as described in paragraph (d)(ii), (ii) if the question period was previously interrupted, it shall continue as described in paragraph (d)(ii), (iii) any Member identified in paragraph (

d) who has not yet spoken in the debate shall be afforded the opportunity to speak, (iv) the Speaker shall the n put the question; (

f) Matters of Privilege and Points of Order will be deferred until all votes are completed; (

g) despite sub-rule 14(4), divisions on these Specified Bills cannot be deferred.

THAT sub-rule 2(11) be repealed and replaced with the following: 2(11) On the sitting day following the sitting day identified in sub- rule (9), if there are any remaining Specified Bills at Second Reading or Debate on Second Reading, the House is not to see the clock until the question has been put on all outstanding Specified Bill Second Reading motions and the following provisions are to apply: (

a) at the beginning of Orders of the Day the provisions outlined for limited debate on Specified Bills in Rule 2(10) will apply; (

b) if Routine Proceedings has not concluded 90 mi nutes prior to the usual adjournment hour, the Speaker must terminate Routine Proceedings and proceed to Orders of the Day; (

c) at midnight, Ministers shall move the Second Reading motions for any remaining Specified Bills and the Speaker shall put the questions immediately, without debate. Despite sub -rule 14(3) the division bells shall ring for no more than one minute on each quest ion; (

d) Matters of Privilege and Points of Order will be deferred until all votes are completed; (

e) despite sub-rule 14(4), divisions on these Specified Bills cannot be deferred; (

f) the House shall rise following the consideration of the last motion and any defe rred Matters of Privilege or Points of Order. THAT sub-rule 2(12) be repealed and replaced with the following: Committee Completion Day for Specified Bills 2(12) Standing Committees must complete consideration of any Specified Bills that have been referred to those Committees no later than the fourteenth sitting day after the sitting day identified in Rule 2(10). Those Specified Bills must then be reported to the House on the following sitting day.

THAT sub-rule 4(9) be repealed and replaced with the following: 4(9) Despite sub-rule 91(7), 10 calendar days’ notice is required for intersessional committee meetings with the following exceptions; (

a) meetings of the Standing Committee on the Rules of the House (

b) meetings of the Standing Committee on Public Accounts. THAT sub-rule 18(2) be repealed and replaced with the following: Offence in Committee 18(2) When an offence to which sub- rule (1) applies is committed in any Committee of the House, the Chairperson: (

a) shall be authorized to no longer recognize the Member in question to speak in debate for the duration of the meeting; (

b) shall have the ability to suspend the proceedings; (

c) shall present a report on the circumstances to the House immediately or on the next sitting day; (

d) if the Member in question refuses to comply with the direction of the Chairperson referenced in (a), the Chairperson shall be authorized to have the Member removed from the Committee room for the duration of the meeting.

THAT the following be added after Rule 19: Members’ Dress Code 19.1(1) When participating in a Sitting of the House, Members shall dress in one of the following types of attire: (

a) professional contemporary business; (

b) traditional Indigenous; (

c) traditional cultural or ethnic; that does not offend the dignity of the Assembly. 19.1(2) In Committees of the House a business casual dress code is permitted, in addition to the provisions allowed in 19.1(1) (

b) and (c). 19.1(3) The Speaker shall oversee dress cod e expectations for Members, and may provide guidance and authorize exceptions to the dress code in appropriate circumstances. THAT rule 22 be repealed and replaced with the following: Prayer and Indigenous Land Acknowledgment 22 Each sitting day before any business begins the Speaker shall read the Prayer, followed by an Indigenous Land Acknowledgement. THAT sub-rule 30(15) be repealed and replaced with the following: Debate limited to one sitting day 30(15) Debate on an Opposition Day Motion is to be limited to one sitting day.

The House shall not adjourn until all Members have had an opportunity to speak to the motion. When there are no further speakers in the debate, the Speaker shall put the question. THAT sub-rule 34(9) be repealed and replaced with the following: Exceptions 34(9) The 20-minute limit does not apply to: (

a) Leaders of Recognized Parties; (

b) a Minister moving the Budget motion. A Leader who has not yet spoken in this debate may, by giving written notice to the Speaker before speaking in the debate, designate one Member of their caucus who may speak in the debate with unlimited time. In this instance, the 20- minute limit will then apply to the Leader.

THAT sub-rule 40(5) be repealed and replaced with the following: Tabling documents quoted from 40(5) Where in a debate a Member directly quotes from private documents, including digital representation or correspondence, any other Member may require the Member who is speaking to table a copy of the document quoted. THAT sub-rule 44(2) be repealed and replaced with the following: Exceptions 44(2) The 30-minute limit does not apply to: (

a) Leaders of Recognized Parties; (

b) a Minister moving a motion; (

c) a Member moving a motion of “no confidence in the Government”, or the Minister replying to the motion.

A Leader of a Recognized Party who has not yet spoken in a debate may, by giving written notice to the Speaker before speaking in the debate, designate one Member of their caucus who may speak in the debate with unlimited time. In this instance, the 30- minute limit will then apply to the Leader. THAT sub-rule 47(5) be repealed and replaced with the following: Exceptions 47(5) The 20-minute limit does not apply to Leaders of Recognized Parties.

A Leader who has not yet spoken in this debate may, by giving written notice to the Speaker, designate one Member of their caucus who may speak in the debate for as long as the Member wishes. If the Member then speaks in the debate, the 20- minute limit applies to the Leader. THAT rule 58 be repealed and replaced with the following: Reading the question 58 When the question under discussion does not appear on the Order Paper, or has not been 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.

THAT rule 75 be repealed and replaced with the following: COMMITTEES OF THE WHOLE HOUSE COMMITTEE OF THE WHOLE COMMITTEE OF SUPPLY Membership and Quorum 75(1) All MLAs are considered Members of a Committee of the Whole House, and a quorum of at least 10 Members is required for the Committee to sit and conduct its business. For the Committee of Supply, quorum consists of 10 Members i n total participating in the proceedings in all three sections.

Rules observed in a Committee of the Whole House 75(2) The Rules of the House shall be followed in a Committee of the Whole House, as applicable, with the following exceptions: (

a) Members are not required to rise in their place to speak; (

b) a Seconder is not required for moving motions; (

c) there is no limit on the number of times a Member may speak in a debate; (

d) with the exception of opening statements in the Committee of Supply (see sub- rule 77(2)), speeches in a Committee of the Whole House shall not exceed five minutes. Relevance in debate 75(3) Speeches in a Committee of the Whole House must be strictly relevant to the item or clause under discussion. Order in a Committee of the Whole House 75(4) The Chairperson of a Committee of the Whole House shall maintain order and decide all questions of order, and such decisions are not subject to appeal, in accordance with sub -rule 52(4).

Subject to Rule 18(2), disorder in a Committee of the Whole House may be censured by the House only after it has received a report on the disorder. THAT sub-rule 76(1) be repealed and replaced with the following: Business of Supply 76(1) The business of supply for a fiscal year consists of: (

a) motions to concur in interim supply, main estimates and supplementary estimates;

(

b) motions to reduce, restore or reinstate any item in the estimates; (

c) motions to introduce supply Bills or to pass them at any stage. THAT sub-rules 77(7) and (8) be repeal ed and replaced with the following: Estimates Sequence 77(7) The sequence in which the Estimates of Expenditure are to be considered by the Committee of Supply will be established by agreement of the House Leaders of all Recognized Parties. If the House Leaders are unable to come to an agreement on the sequence, the S peaker shall determine the sequence in consultation with House Leaders of all Recognized Parties.

Tabling of Estimates Sequence 77(8) Once the Estimates Sequence has been determined, the Government House Leader must table in the House a written agreement listing the sequence, signed by the House Leaders of all Recognized Parties. In the event that the Speaker is required to determine the sequence, they will sign and table the document.

THAT sub-rule 77(14) be repealed and replaced with the following: Reports from the Committee of Supply 77(14) The Chairperson of the Committee of Supply shall report to the House items passed during the consideration of interim and main supply, and shall also report at the conclusion of the estimates process, all resolu tions passed and the concurrence motion. The Chairperson shall report Matters of Privilege referred by the Committee as well as incidents of grave disorder.

THAT sub-rule 78(1) be repealed and replaced with the following: Concurrence motion in Committee of Supply 78(1) After all supply resolutions have been considered, a concurrence motion must be moved in the Committee of Supply sitting as a full Committee in the Chamber. THAT rule 82 be repealed and replaced with the following: Standing Committee Size and Composition 82(1) At the beginning of the first session of each Legislature the House Leaders or designates of all Recognized Parties must meet to consider the size and composition of all Standing Committees of the House (listed below).

Agriculture and Food Crown Corporations Human Resources Intergovernmental Affairs Justice Legislative Affairs Private Bills Public Accounts Rules of the House Social and Economic Development Statutory Regulations and Orders The representation of Members on each Committee shall be based on the number of seats each Recognized Party holds in the House. The House Leaders must report this information in writing to the Speaker. In the event of an impasse, the Speaker shall determine the size and composition of all Standing Committees of the House and report that in writing to all Members.

Changes to Standing Committee Size and Composition 82(2) If the House Leaders determine that a change in Standing Committee size and composition is required at any time due to changes in House composition, they must report these changes in writing to the Speaker. In the event of an impasse, the Speaker shall determine the new size and composition of all Standing Committees of the House and report that in writing to all Mem bers.

82(3) Standing Committee size and composition is effective upon receipt of a letter from the House Leaders by the Speaker, or in the event of an impasse, once the Speaker reports to all Members. At the next Sitting, the Speaker must table the St anding Committee membership size and composition.

Chairperson and Vice -Chairperson 82(4) Each Standing or Special Committee shall elect a permanent Chairperson and a permanent Vice-Chairperson at its first meeting in each Legislature, and in the case of a vacancy of either the Chairperson or Vice -Chairperson by reason of the incumbent dying, resigning their seat in the Assembly, becoming disqualified from sitting or voting in the Assembly, or resigning from the Committee, the Committee shall forthwith ele ct a successor.

Vice-Chairperson to act 82(5) If at any meeting of the Committee, the Chairperson is not present, the Vice - Chairperson shall act in the place of the Chairperson. THAT sub-rule 91(2) be repealed and replaced with the following: Hearing presentations on Bills 91(2) After First Reading of a Bill is adopted, members of the public may register to make presentations to a Standing or Special Committee considering a Bill, with the following rules to apply to each presentation: (

a) each presenter may use a maximum of 10 minutes to present to the Committee; (

b) with the unanimous consent of the Committee, a presenter who has spoken for 10 minutes may be granted additional time to conclude their presentation; (

c) following each presentation a five -minute question and answer period between the presenter and Members may occur. Questions shall not exceed 30 seconds each. (

d) during question and answer periods on presentations to Government Bills, questions may be addressed to presenters in the followi ng rotation: i. the Minister sponsoring the Bill, ii. a Member of the Official Opposition, iii. a Member of a third recognized party (if present), iv. an Independent Member. (

e) during question and answer periods on presentations to Private Members’ Bills, questions may be addressed to presenters in the following rotation: i. the Member sponsoring the Bill, ii. a Member of another recognized party, iii. a Member of a third recognized party (if present), iv. an Independent Member.

THAT sub-rules 110(1) and 110(2) be repealed and repl aced with the following: Steering Committee and Meetings 110(1) At the start of a new Legislature, a Steering Committee consisting of the PAC Chairperson, Vice -Chairperson, Auditor General, Committee Clerk and Research Officer must be established. 110(2) The Steering Committee will meet in camera at the call of the Chairperson and Vice - Chairperson to: set meeting agendas, propose witnesses to be called, review sensitive documents, monitor the progress of the Committee’s work and other responsibilit ies as deemed necessary.

110(3) Once a meeting agenda has been set and jointly agreed to by the Chairperson and the Vice-Chairperson, the Chairperson, or Vice -Chairperson if the Chairperson is absent, shall give notice of a meeting of the Standing Committee on Public Accounts. 110(4) A minimum of nine PAC meetings shall be called per year. THAT sub-rule 137(1) be repealed and replaced with the following: Three readings before passing 137(1) Every Bill, other than a Supply Bill, shall receive three separate readings on different days before being passed. THAT rule 144 be repealed. THAT sub-rule 148(2) be repealed and replaced with the following: Duties of Law Officer 148(2) The Law Officer shall (

a) advise upon legislation and prepare and draft Bills as required by the Executive Council or a Member thereof; (

b) render to the Private Members such assistance in the preparation of Bills as the time at his or her disposal permits; (

c) revise and put notes on all Bills, including Private Bills, and cause them to be published and, where necessary, republished in paper and electronic form, and be responsible for the correctness of the Bills in their various stages; (

d) report to the Executive Council, or a Membe r thereof, any provisions in Bills that are deserving of special attention or that appear to affect the public interest prejudicially or that require amendment; (

e) as may be instructed by the Speaker, be present at the sittings of Committees at which Bil ls are being considered; (

f) prepare the resolutions required in connection with measures to which Rule 66 applies; (

g) prepare and deliver to the Queen’s Printer the copy for the volume of the statutes, including a Table of Contents and a comprehensive index, as soon after the closure of each session of the Legislature as is practicable. THAT sub-rule 150(3) be repealed and replaced with the following: Maximum remittance 150(3) The remittance of any deposit or fees paid in accordance with this Rule shall not exceed the amount of the deposit or fees, less the actual cost of preparing the Bill in both hard copies and electronically.

THAT Appendix D is amende d by repealing the MAIN AND CAP ITAL SUPPLY PROCEDURE and replacing it with the following: MAIN SUPPLY PROCEDURE 1. Government House Leader moves Concurrence Motion and Committee of Supply considers it (debatable motion - 100 hour time limit does not apply). 2. Chairperson of the Committee of Supply presents the report of the Committee to the House and moves that it be received (not debatable). 3. Government House Leader moves Concurrence Motion in the House (cannot be debated, amended or adjourned). 4.

House considers and adopts motion regarding The Appropriation Act (no notice required). 5. Finance Minister moves First Reading of The Appropriation Act (may not be debated, amended or adjourned).

6. House staff distributes copies of The Appropriation Act immediately after adoption of the First Reading Motion. 7. Finance Minister moves Second Reading of The Appropriation Act, and referral to a Committee of this House (debatable motion – may be agreed to without debate or adjourned). 8. Speaker announces that the House will resolve into Committee of the Whole to consider and report on The Appropriation Act for Concurrence and Third Reading. 9. Committee of the Whole considers The Appropriation Act (debatable matter, but no debate if 100 hour time limit has expired). 10.

Chairperson of the Committee of the Whole House presents report of the Committee to the House and moves that it be received (not debatable). 11. Finance Minister moves Concurrence and Third Reading of The Appropriation Act (debatable motion – may be agreed to without debate or adjourned). 12. Lieutenant Governor gives Royal Assent to The Appropriation Act.

THAT Appendix E be repealed and replaced with the following: APPENDIX E SPEAKING TIMES Rule Debate Speaking Time Notes 34(8) 34(9) Budget Debate 20 minutes  Unlimited speaking time for: o Leader of Recognized Parties (may be transferred) o Minister moving the Budget motion 51(2) Closure Motion – after adoption of motion 30 minutes  No Member shall speak more than once in any adjourned debate 77(1) Committee of Supply 5 minutes  Member may speak more than once 77(2) Committee of Supply – Opening Statement 10 minutes  Minister and Critics 75(3) Committee of the Whole 5 minutes  Member may speak more than once 44(1) 44(2) 44(5) 138(14) Concurrence and Third Reading – Government Bills 30 minutes  Unlimited speaking time for: o Leaders of Recognized Parties (may be transferred) o Minister moving the Concurrence and Third Reading motion (may speak first or at the end of the debate)  Member may divide speaking time equally with another Member of same party 2(20) Concurrence and Third Reading – Government Designated Bills (Completion Date) 10 minutes  Minister, Critics and each Independent Member 2(14) Concurrence and Third Reading – Government Specified Bills (Completion Date) 10 minutes  Minister, Critics and each Independent Member 62(3) Condolence Motion -  Speaking time limits do not apply

Rule Debate Speaking Time Notes 29(2) Grievances 10 minutes  Member may raise only one grievance per session 38(4) Matters of Urgent Public Importance – Debate of 10 minutes  If debate proceeds all Members have 10 minutes.  Total debate shall not exceed two hours. 38(2) Matters of Urgent Public Importance – Explanation of 10 minutes  Member has 10 minutes to explain why debate should proceed.  One Member from each recognized party may respond for 10 minutes. 27(1) Member’s Statements 2 minutes  Up to five Members each sitting day 26(3) Ministerial Statements -  No time limit for Minister  Replies must not exceed Minister’s time 44(1) 44(2) 44(5) 60(1) Motions or Resolutions – Government 30 minutes  Unlimited speaking time for: o Leader of Recognized Parties (may be transferred) o Minister moving a motion o Member making a “no confidence in the government” motion o Minister replying to the “no confidence in the government” motion  Member may divide speaking time equally with another Member of same party  Right of reply for Minister who moved a substantive motion. 30(8) Opposition Day Motion 10 minutes  Up to three sitting days in each session  Only one designated during any week 28(3) Oral Questions 60 seconds 45 seconds  Questions & answers for Leader of Recognized Parties  Questions & answers for other Member & Minister  Oral Questions shall not exceed 40 minutes 44(3) Private Member’s Business – Bills, Resolutions, Motions 10 minutes  May be considered during Government Business time  Considered on Tuesdays and Thursdays mornings 23(9) Private Members’ Bills – Question Period 45 seconds  For all questions & answers  Question period shall not exceed 10 minutes  Only one question for each Independent Member  Only applicable at Second Reading 33(6) Private Members’ Resolutions – Question Period 45 seconds  For all questions & answers  Only one question for each Independent Member  Question period shall not exceed 10 minutes and does count as part of the three hours of debate time. 138(9) Report Stage Amendments 10 minutes 30 minutes for:  Premier  Leader of Recognized Parties 44(1) 44(2) 44(5) 60(1) Second Reading – Government Bills 30 minutes  Unlimited speaking time for: o Leader of Recognized Parties (may be transferred) o Minister moving the Second Reading motion  Member may divide speaking time equally with another Member of same party

Rule Debate Speaking Time Notes  Right of reply for Minister who moved Second Reading motion 136(5) Second Reading – Government Bills – Question Period 45 seconds  For all questions & answers  Question period shall not exceed 15 minutes 2(17) Second Reading – Government Designated Bills (Completion Date) 10 minutes  Minister, Critics and each Independent Member  Question period shall not exceed 15 minutes 2(10) Second Reading – Government Specified Bills (Completion Date) 10 minutes  Minister, Critics and each Independent Member  Question period shall not exceed 15 minutes 86(2) 91(2) Standing & Special Committees 10 minutes  Member may speak more than once  Presenters get 10 minutes to make their presentation  Questions from Member shall not exceed 30 seconds 47(4) 47(5) Throne Speech Debate 20 minutes  Unlimited speaking time for: o Leader of Recognized Parties (may be transferred) 50(2) Time Allocation on Government Bills or Government Motions 10 minutes Restrictions on who can speak:  Government House Leader  Minister moving the motion  One Member from each Recognized Opposition Party may respond Agreements Your Committee reached the following agreements during the meeting on May 31, 2022: • THAT these amendments to the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba come into force on September 28, 2022. • THAT the Clerk may renumber the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba and make other minor corrections that in no way alter the intended meaning of these amendments. • THAT the Clerk is authorized to make minor corrections to the French version of the Rules, Orders and Forms of Proceedings of the Legislative Assembl y of Manitoba to ensure the equivalence of both versions of the Rules, ensuring that they in no way alter the intended meaning of these Amendments. • THAT the Clerk prepare revised rule books incorporating all amendments, additions and deletions. • THAT these amendments to the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba are permanent. • THAT the document entitled: “Legislative Assembly of Manitoba Rule Change Proposals – May 2022” be included at the end of the Hansard transcript of this meeting.

Submitted by, ___________________________________ Hon. Myrna DRIEDGER, Chairperson May 31, 2022

Document details

CollectionManitoba — Committees
CitationRH 4-42-01
Typecommittee
Volume / chapterreports 42nd 4th rh01.pdf
Languageen
Formatpdf
SourcePROVINCIAL
Identifier80da8e5d0ef106dae3ca88a1f98b35f10989bb16

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