Rules of the House Committee — Report 1 (4th Legislature, 40th Session)

RH 4-40-01

Manitoba — Committees

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Rules of the House Committee — Report 1 (4th Legislature, 40th Session)

RH 4-40-01

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 June 26, 2015 at 9:00 a.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. Mr. A SHTON • Hon. Mr. CHOMIAK • Mr. CULLEN • Hon. Mr. GERRARD • Mr. GOERTZEN • Hon. Ms. MARCELINO (Logan) • Mr. MARCELINO (Tyndall Park) • Hon. Mr. REID (Chairperson) • Mr. SCHULER • Mr. WIEBE • Hon. Ms.

WIGHT Your Committee elected Mr. MARCELINO (Tyndall Park) 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 June 26, 2015 meeting your committee agreed to report the following amendments to the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba with one amendment: THAT the Rules, Orders and Forms of Proceedings of the Legislative Assembly of Manitoba be amended as follows: THAT these Amendments will come into force, on October 20, 2015, unless otherwise indicated. THAT the definition "a Recognized Opposition Party" in clause 1(3)(

h) be replaced with the following: (h) "a Recognized Opposition Party" means an opposition party represented in the Legislative Assembly by four or more Members; THAT Rule 2 be repealed and replaced with the following, effective April 20, 2016:

Sitting Periods 2(1) The House may meet at any time during the following sitting periods, except during the Spring Sittings when the House must begin to meet on the first Wednesday i n March: November Sittings From Tuesday following the Remembrance Day week as described in sub -rule 2(2)(

a) to the first Thursday in December. Spring Sittings From the first Wednesday in March to the first sitting day in June. Fall Sittings From the first Wednesday in October to Thursday of the week prior to the Remembrance Day Week. Within these periods, the House is to meet on a day fixed by the Speaker at the Government ’s request and, unless adjourned earlier by order of the House, is to be adjourned by the Speaker, without a motion for adjournment on the applicable day. The House then stands adjourned to the call of the Speaker.

The Government may call the House into session for four additional sitting days in June after the first sitting day in Jun e to complete consideration of Specified Bills . On the last day of these four additional sitting days the remaining stages of Specified Bills not dealt with by the usual hour of adjournment will be deemed to be adopted and concluded. The House will not rise until royal assent has been granted. If the day of the week on which Remembrance Day falls prevents the House from sitting for seventeen days in the Fall Sittings, the House may extend daily sittings until 10:00 p.m.

Each of these extended sitting da ys shall count as two sitting days for the purpose of achieving seventeen sitting days. These extended sitting days may be held at any point in the Fall Sittings for the business of supply and passage of The Budget Implementation and Tax Statutes Amendmen t Act and to achieve the following Completion Days for Designated Bills: Second Reading per sub- rule 2(17) Committee Stage per sub -rule 2(18) Report Stage per sub -rule 2(19) Concurrence and Third Reading per sub- rule 2(20).

On the last Thursday sitting p rior to the Remembrance Day Week, the remaining steps for Designated Bills and the business of supply and passage of The Budget Implementation and Tax Statutes Amendment Act must be concluded. Any remaining steps not dealt with by the usual hour of adjour nment will be deemed to be adopted and concluded. The House will not adjourn until royal assent has been granted. Constituency Weeks 2(2) The House shall not meet during the following Constituency Weeks: (

a) the week in which Remembrance Day falls if i t falls on a weekday, or the week following Remembrance Day if it falls on a Saturday or Sunday ("Remembrance Day week"); (

b) the week designated under The Public Schools Act as a spring break or vacation ("Spring constituency week"); (

c) the week in which May 1 falls if it falls on a weekday, or the week following May 1 if it falls on a Saturday or Sunday ("May constituency week"); (

d) the week commencing on the third Monday of October ("October constituency week"). Recall of the House 2(3) If the Go vernment advises the Speaker that the public interest requires the House to meet at any time because of an emergency or extraordinary circumstances, a reason for the recall must be provided. The Speaker must advise the Members that the House is to meet at the time specified by the Government and of the reason for the recall. Recalled House may meet for up to three weeks 2(4) When recalled under sub- rule 2(3), the House is to begin to meet at the specified time, and unless adjourned earlier by order of the House, is to be adjourned by the Speaker,

without a motion for adjournment at the usual adjournment time on the twenty -first calendar day after it was recalled. The House then stands adjourned to the call of the Speaker. Further recall of the House 2(5) If the House is adjourned in accordance with sub-rule 2(4), the House must not be recalled again under sub -rule 2(3) until after the House has been in recess for a period of one week. Recall not prevented 2(6) For certainty, nothing in this rule preve nts the Government from recalling the House under sub-rule (3) at any time except sub -rule 2(5).

Meeting outside sitting periods on agreement 2(7) If the House Leaders agree, the House may meet at a time other than during a sitting period referred to in sub-rule (1). Specified Government Bills 2(8) In order for a Government Bill to be specified, the following actions must take place: (

a) First Reading must be moved no later than the twentieth sitting day after presentation of the Throne Speech; (

b) Second Reading must be moved no later than the fourteenth sitting day after the First Reading Completion Day for Specified Bills; and (

c) The Bill has not been included on the list of Designated Bills tabled by the Official Opposition in accordance with s ub-rule 2(9). Opposition Bills cannot be specified or designated. Designation by Opposition parties 2(9) No later than the fourteenth sitting day after the First Reading Completion Day for Specified Bills, the Official Opposition may designate up to fiv e Government Bills for the purpose of further consideration at a later sittings period. If The Budget Implementation and Tax Statutes Amendment Act is identified as a Designated Bill , it counts as two of the five Bills that can be designated.

If there is a second Opposition party, the division of Designated Bills is four for the Official Opposition and one for the Second Opposition Party. The Interim Appropriation Act may not be designated under this rule. Second Reading moved for Specified Bills 2(10) On the same sitting day identified in sub- rule 2(9), and after Bills have been designated by the Opposition parties, the House is to not see the clock until the Second Reading motions have been moved for Bills the Government identifies as specified, excep ting Designated Bills .

On this day, the Minister, Critics and each Independent Member may speak for a maximum of 10 minutes each per Government Bill moved for second reading, followed by an up to 15-minute question and answer period for each Bill conducted according to the provisions of sub- rule 136(5). Second Reading Completion Day for Specified Bills 2(11) On the following sitting day after the actions under sub- rule 2(10), the questions for Second Reading of Bills the Government identifies as specifi ed must be put.

Committee Completion Day for Specified Bills 2(12) No later than the thirteenth sitting day after the Second Reading Completion Day for Specified Bills, Standing Committees must complete consideration of any Specified Bills that have be en referred to those committees and report those Bills to the House on the following sitting day. Report Stage Completion Day for Specified Bills 2(13) No later than the third sitting day after the Final Committee Report Day for Specified Bills, report s tage on each specified Government Bills must be completed.

Concurrence and Third Reading Day for Specified Bills 2(14) No later than the second sitting day after Report Stage Completion Day for Specified Bills — or in the event no report stage amendment s have been filed, no later than the fifth sitting day after Final Committee Report Day for Specified Bills — Concurrence and Third Readings of Specified Bills must be completed. On this day, the Minister, Critics and

each Independent Member may speak for a maximum of 10 minutes each per Government Bill moved for Concurrence and Third Reading . The House cannot adjourn until royal assent has been granted. Actions to complete Second Reading, Report Stage and Concurrence and Third Reading of Specified Bills 2(15) If the actions referred to in sub- rules 2(11), 2(13) and 2(14) have not been completed by the noted date, the following provisions are to apply: (

a) The House will not adjourn on that day until the Speaker has put all the applicable questions on all Specified Bills . (

b) If by 3:30 p.m. Routine Proceedings has not concluded, the Speaker must terminate Routine Proceedings and proceed to Orders of the Day. (

c) At 4:00 p.m. the Speaker will interrupt debate and put all questions on the remaining Bills with no further debate or amendment. (

d) Matters of privilege and points of order will be held until all votes are completed. (

e) Despite sub-rule 14(4), divisions on these Specified Bills cannot be deferred. Actions to complete Committee Stage of Specified Bills 2(16) If the actions referred to in sub- rule 2(12) have not been completed in committee by the noted date, the following provisions are to apply if a committee is sitting: (

a) If a Committee considering Bills has not completed public pre sentations, it must close public presentations at 9:00 p.m. By unanimous consent the deadline can be extended to 10:00 p.m. The public has the ability to provide written submissions for an additional 24 hours. (

b) At 11:00 p.m. any member of the Commit tee who wishes to move an amendment to a Bill must file 20 copies of the amendment with the Clerk of the Committee, and the Clerk must distribute the amendment to members of the Committee. After that time, an amendment may be moved only if copies of it we re filed with the Clerk and distributed as required by this rule. (

c) At midnight the Chair of the Committee must interrupt the proceedings and, without further debate or amendment (other than an amendment distributed as required by rule (b)), put every q uestion necessary to complete clause -by-clause consideration of the Bills under consideration. (

d) The committee must report the Bills to the House at its next sitting. In the event that the Committee fails to report the Bills at that sitting, the Bills a re deemed to be reported to the House, as amended by the Committee (if applicable) and the report is deemed to be received by the House at that sitting. Designated Bills Second Reading Completion Day for Designated Bills 2(17) Within two sitting days of the session resuming, the question for Second Reading of Designated Bills must be put. Emergency recall sittings are exempt from this provision.

On this day, the Minister, Critics and each Independent Member may speak for a maximum of 10 minutes each per G overnment Bill moved for second reading, followed by an up to 15- minute question and answer period for each Bill conducted according to the provisions of sub - rule 136(5). Committee Completion Day for Designated Bills 2(18) No later than the ninth sittin g day after the Second Reading Completion Day for Designated Bills, Standing Committees or Committee of the Whole must complete consideration of any Designated Bills that have been referred to those committees.

Standing Committees must report those Bills to the House on the following sitting day while Committee of the Whole can report Bills on the same sitting day once consideration of the Bills is completed. Report Stage Completion Day for Designated Bills 2(19) No later than the third sitting day af ter Final Committee Report Day for Designated Bills, Report Stages of designated Government Bills must be completed.

Concurrence and Third Reading Completion Day for Designated Bills 2(20) No later than the second sitting day after Report Stage Complet ion Day for Designated Bills — or in the event no report stage amendments have been filed, no later than the fifth sitting day after Final Committee Report Day for Designated Bills — Concurrence and Third Readings of Designated Bills must be completed. On this day, the Minister, Critics and each Independent Member may speak for a maximum of 10 minutes each per Government Bill moved for Concurrence and Third Reading . The House cannot adjourn until royal assent has been granted.

Actions to complete Second R eading, Report Stage and Concurrence and Third Reading of Designated Bills 2(21) If the actions referred to in sub- rules 2(17), 2(19) and 2(20) have not been completed by the noted date, the following provisions are to apply: (

a) The House will not adjourn on that day until the Speaker has put all the applicable questions on all Specified Bills . (

b) If by 3:30 p.m. Routine Proceedings has not concluded, the Speaker must terminate Routine Proceedings and proceed to Orders of the Day. (

c) At 4:00 p.m. the Speaker will interrupt debate and put all questions on the remaining Bills with no further debate or amendment. (

d) Matters of privilege and points of order will be held until all votes are completed. (

e) Despite sub-rule 14(4), divisions on these Specified Bills cannot be deferred. Actions to Complete Committee Stage of Designated Bills 2(22) If the actions referred to in sub- rule 2(18) have not been completed in a Standing Committee by the noted date, the following provisions are to apply if a Standing Committee is sitting: (

a) If a Committee considering Bills has not completed public presentations, it must close public presentations by 9:00 p.m. By unanimous consent the deadline can be extended to 10:00 p.m. The public has the ability to provi de written submissions for an additional 24 hours. (

b) At 11:00 p.m. any member of the Committee who wishes to move an amendment to a Bill must file 20 copies of the amendment with the Clerk of the Committee, and the Clerk must distribute the amendment t o members of the Committee. After that time, an amendment may be moved only if copies of it were filed with the Clerk and distributed as required by this rule. (

c) At midnight, the Chair of the Committee must interrupt the proceedings and, without further debate or amendment (other than an amendment distributed as required by rule (b)), put every question necessary to complete clause -by-clause consideration of the Bills under consideration. (

d) The committee must report the Bills to the House at its next sitting. In the event that the Committee fails to report the Bills at that sitting, the Bills are deemed to be reported to the House, as amended by the Committee (if applicable) and the report is deemed to be received by the House at that sitting. Actions to Complete Committee of the Whole Stage of Designated Bills 2(23) If the actions referred to in sub- rule 2(18) have not already been completed in Committee of the Whole, the following provisions are to apply: (

a) If not already in Committee of the Who le by 4:00 p.m. the House must resolve into Committee of the Whole. (

b) At 4:00 p.m. the Chairperson must put the remaining questions without further debate or amendment to conclude consideration of the legislation before the Committee. (

c) Matters of privilege and points of order will be held until all votes are completed. (

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

If no Speaker 2(24) If there is no Speaker, the Clerk is to act in the Speaker’s place under this rule.

THAT sub-rule 4(5) be repealed and replaced with the following, effective April 20, 2016: Committee of Supply Friday Sittings 4(5) Once consideration of departmental estimates has begun, the Committee of Supply may sit on Friday mornings from 10:00 a.m. to 12:30 p.m. if the House Leaders from all recognized parties provide written notice to the Speaker by 5:00 on the previous Wednesday. 4(5.1) When the Committee of Supply sits on Friday mornings from 10:00 a.m. to 12:30 p.m. the Speaker must adj ourn the Thursday sitting on Friday at 12:30 p.m. 4(5.2) Any Friday on which meetings of the Committee of Supply are held shall be considered to be a sitting day of the Legislature.

THAT sub-rule 4(6) be repealed and replaced with the following, effec tive April 20, 2016: Intersessional committee meetings 4(6) During intersessional periods, any day on which meetings of Standing or Special Committees are held shall be considered to be a sitting day of the Legislature, and the Speaker shall record the number of sitting days which are Committee days. Despite sub -rule 92(8), ten calendar days notice is required for intersessional committee meetings.

AMENDMENT THAT sub-rule 4(6) be amended to add the following words after “ Legislature”: “but are not to be included in the count of the sitting days for S pecified or D esignated Bills,” THAT the following be added after sub -rule 4(6), effective April 20, 2016: Intersessional committee meetings to hear public presentations 4(7) Despite sub -rule 4(6), Standing Committees cannot meet intersessionally during the months of January, February, June, July and August to hear public presentations unless: (

a) All recognized opposition parties have granted leave on the record; or (

b) House Leaders of all recognized opposition parties have countersigned the letter from the Government House Leader calling for an intersessional committee meeting. THAT sub-rule 9(1) be repealed and replaced with the following: The Speaker's duties 9(1) The Speaker shall preserve orde r and decorum and enforce the Rules, and shall decide all questions of order without appeal. THAT sub-rule 19(4) be repealed and replaced with the following: Use of electronic devices 19(4) Members may use electronic devices in the House and in Committ ee in silent mode.

During Oral Questions, such devices may only be used in the Loges. THAT Rule 23 be repealed and replaced with the following: Routine Proceedings 23(1) Routine Proceedings in the House at 1:30 p.m., and at 10:00 a.m. when it sits on a Friday, is as follows, unless the House orders otherwise: Introduction of Bills Committee Reports

Tabling of Reports Ministerial Statements Members' Statements Oral Questions Petitions Grievances Order after daily routine 23(2) After the daily routine of business, the Orders of the Day shall be considered as follows, subject to rules 29, 32(4) and 45(1): Address in Reply to the Speech from the Throne Budget Motion Committee of the Whole House, for considering Bills Committee of Supply Report Stage, Bills reported from Committees Government Bills — Concurrence and Third Readings, Second Readings Government Motions Opposition Day Motions Resolving into Committee of the Whole or of Supply 23(3) Whenever the Order of the Day is called for "Committee of t he Whole House, for considering Bills" or for "Committee of Supply", the Speaker is to leave the Chair and the House is to resolve itself into the Committee.

Private Members' Business 23(4) Subject to sub- rule 4(3), Private Members' Business shall be con sidered as follows when the House sits on Tuesdays and Thursdays: Tuesday: 10:00 a.m. to 11:00 a.m. (Private Members' Hour) Private Bills Public Bills Private Members' Resolutions Motions 11:00 a.m. to 12:00 noon (Private Members' Hour) Private Members' Resolutions Motions Public Bills Private Bills Thursday: 10:00 a.m. to 11:00 a.m. (Private Members' Hour) Public Bills Private Bills Private Members' Resolutions Motions 11:00 a.m. to 12:00 noon (Private Members' Hour) Private Members' Resolutions Motions Private Bills Public Bills Deferred votes from previous Tuesday Private Members' Business at 11:55 a.m.

Divisions during Private Members' Business 23(5) A division requested during a Private Members' Hour on Tuesday must be deferred to the Private Memb ers' Hour the following Thursday.

The deferred vote shall take place at 11:55 a.m. on Thursday, and despite rule 14(4) shall not be further deferred. 23(6) A division requested during a Private Members' Hour on Thursday takes place immediately. 23(7) In the case of a division occurring pursuant to sub-rule 23(6), after the division is requested or after the vote is recorded on a division, the House shall consider the next item of business only with leave or if at least 30 minutes remain in that Private Members' Hour.

Private Members' Bills Question Period 23(8) Following the Sponsor's opening speech on the Second Reading of a Private Members' Bill, a ten minute question period on the Bill may occur. During this question period: (

a) questions may be addressed to the Sponsor by any Member, with the first question being asked by a Member from another party, followed by a rotation between parties; (

b) each Independent Member may ask one question; and (

c) no question or answer shall exceed 45 seconds. THAT the following be added after Rule 23, effective April 20, 2016: Selected Bills 23.1(1) Each recognized party may select up to three Private Members' Bills per session to proceed to a Second Reading vote. Bills to proceed to a Second Reading vote 23.1(2) Each Independent Member may select one Private Members' Bill per session to proceed to a Second Reading vote, and despite Rule 68(1), an Independent Member will not require a seconder to move each Reading motion for their selected Private Members' Bill.

Written notice 23.1(3) Written notice of each Bill, indicating the sitting day and time when the vote will occur, must be provided to the Speaker by the House Leader or the Independent Member no later than two weeks prior to the scheduled end of the Fall Sittings. THAT the following be added after Rule 26: ORAL QUESTIONS Oral Questions 26.1(1) The time allowed for Oral Questions shall not exceed 40 minutes. Rules of debate apply 26.1(2) The rules of debate shall apply to Oral Questions.

Time limits on questions and answers 26.1(3) Questions and answers in Oral Questions shall not exceed: (a) 60 seconds for Leaders of Recognized Parties. (b) 45 seconds for other Members and Ministers. Order of questions 26.1(4) Following a general election an d before the first House sitting period, the House Leaders must jointly advise the Speaker of the order, by party, in which questions will be asked during Oral Questions.

The order will be followed for the duration of each Legislature, unless the composit ion of the parties in the House changes, in which case the House Leaders must, before the next House sitting, advise the Speaker of any change to the order in which questions are to be asked. Prohibition on Points of Order and Matters of Privilege during Oral Questions 26.1(5) The Speaker shall not consider Points of Order or Matters of Privilege during Oral Questions.

THAT sub -rules 28(3) to 28(6) be repealed and replaced with the following, effective April 20, 2016: Filing of Motion 28(3) An Opposition Day Motion shall be filed with the Clerk on a sitting day before the House adjourns, or before the usual adjournment hour, whichever is later.

Placing on the Order Paper 28(4) An Opposition Day Motion shall be placed on the Order Paper on the sitting day after filing, notwithstanding sub -rules 63(1) and 67(2). Consideration of Motion 28(5) An Opposition Day Motion shall be considered on the same day it appears on the Order Paper. Notifying House Leaders 28(6) The Clerk shall notify House Leaders a nd Independent Members on the day an Opposition Day Motion is filed.

THAT sub-rule 28(8) be repealed and replaced with the following, effective April 20, 2016: Not for Second Reading or Concurrence and Third Reading 28(8) No motion under this Rule shall be for Second Reading or Concurrence and Third Reading of a Bill. THAT sub-rule 28(14) be repealed and replaced with the following, effective April 20, 2016: Debate limited to one sitting day 28(14) Debate on an Opposition Day Motion is to be limi ted to one sitting day. The House shall not adjourn until all Members wishing to speak to the motion have done so.

THAT sub-rule 30(1) be repealed and replaced with the following, effective April 20, 2016: Orders not taken up 30(1) Subject to sub -rule 23(3), Written Questions, notices of motions by Members, and orders not taken up or proceeded with when called, may be allowed to stand and retain their precedence; otherwise they shall be removed from the Order Paper.

THAT Rule 31 be repealed and replaced with the following, effective April 20, 2016: PRIVATE MEMBERS' RESOLUTIONS Definition of "resolution" 31(1) In this Rule, "resolution" means a vote, motion, resolution or address, but does not include a motion for the first, second or Concurrence and Third Reading of the Bill, or a motion to refer a Bill to a Committee. Submitting a resolution 31(2) Each Private Member may submit one resolution per legislative session to the Clerk, who shall determine if it is procedurally correct.

Resolutions cannot be amended 31(3) Resolutions cannot be amended, unless by unanimous consent of the House. Time limit of debate 31(4) Each resolution is to be considered for no more than three hours. At the end of the three hours of debate, or if there are no more Members wishing to speak, the Speaker must put the question. Private Members' Resolution Question Period 31(5) Ten minutes prior to the end of the second hour of Private Members' Business, the Speaker shall interrupt debate to allow a ten -minute questio n period on the resolution under consideration.

If a deferred vote under sub- rule 23(5) has been scheduled for this time the Speaker shall interrupt debate five minutes prior to the end of the second hour. During this question period: (

a) questions may be addressed to the Sponsor by any Member, with the first question going to being asked by a Member from another party, followed by a rotation between parties;

(

b) each Independent Member may ask one question; and (

c) no question or answer shall exceed 45 seconds. This ten minute question period shall count as part of the three hours of debate on the Resolution. Tuesdays — Government Resolutions 31(6) Each Tuesday the Government House Leader or designate shall announce in the House which resolution wil l be debated during Private Members' Business on the following Tuesday morning.

Thursdays — Opposition Resolutions 31(7) If there is one Recognized Opposition Party, each Thursday the Opposition House Leader or designate shall announce in the House whi ch resolution will be debated during Private Members' Business on the following Thursday morning. Opposition Resolutions — more than one Recognized Opposition Party 31(8) If there is more than one Recognized Opposition Party, the Opposition House Leaders must submit to the Speaker an agreement that specifies which party's private member resolutions will be debated during Private Members' Business on each Thursday morning during the session.

The House Leader of the party whose members' resolutions are to be debated the following Thursday morning shall make the announcement required under sub- rule 31(7). Independent Member resolutions 31(9) One resolution submitted by each independent member will be scheduled for debate on a Tuesday morning and announced by the Government House Leader. Seconder not required 31(10) Despite sub -rule 68(1), an Independent Member will not require a seconder to move their resolution.

Resolutions not disposed of 31(11) When a resolution is called for the first time by a Hou se Leader of a recognized party during a Private Members' Hour, and (

a) the resolution is not disposed of within that hour; or (

b) the Member is not present or does not proceed with the resolution at that time; the resolution is to be placed on the Orde r Paper at the bottom of the list of resolutions. Request to "stand" or "adjourn" matters 31(12) Despite sub -rule 35(1), during Private Members' Business, no Member may ask that a matter be allowed to "stand" and no motion to "adjourn" can be made respec ting a resolution.

THAT sub -rules 32(3) to 32(6) be repealed and replaced with the following, effective April 20, 2016: Limitation on debate 32(3) The debate on the motion for approval by the House in general of the budgetary policy of the Government , and any amendments thereto, shall not exceed six sitting days, including the day of the presentation of the Budget. Precedence on Order Paper 32(4) The Order of the Day for resuming debate on the motion for approval by the House in general of the budgeta ry policy of the Government , and any amendments thereto, shall take precedence over all other motions for the same day.

Interrupting debate 32(5) Despite sub-rule (4), the Government House Leader may interrupt the debate on as many as two sitting days to call Government business.

Disposal of questions 32(6) On the sixth of the six days, at 30 minutes before the ordinary time of daily adjournment, unless debate has previously been concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion, and any amendments thereto. Speaking times in debate 32(7) No Member may speak for more than 20 minutes in this debate. Exceptions 32(8) The 20-minute limit does not apply to the Leader of the Gov ernment, of the Official Opposition, or of a Recognized Opposition Party.

A Leader who has not spoken for 20 minutes in this debate may, by giving written notice to the Speaker, designate one Member 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. Termination of debate 32(9) On the eighth sitting day after the main motion has been moved, at 30 minutes before the ordinary time of daily adjournment, unless deb ate has previously been concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion, and any amendments thereto.

The Speaker shall not hear Points of Order or Matters of Privilege until all questions relating to this debate have been disposed of. THAT Rule 34 be repealed and replaced with the following: Matters of Privilege 34(1) When a Matter of Privilege arises it shall be taken into consideration immediately, except during Oral Quest ions. 34(2) A submission from a Member raising a Matter of Privilege should conclude with a motion giving the House power to impose a reparation or apply a remedy. THAT the item "MATTER OF PRIVILEGE" in the APPENDICES be repealed.

THAT sub-rule 36(1) be repealed and replaced with the following: Setting aside regularly scheduled business of the House 36(1) After Petitions, any Member may move to set aside the regularly scheduled business of the House to discuss a matter of urgent public importance, o f which the Member has given prior notice to the Speaker not less than 90 minutes prior to the start of Routine Proceedings. THAT Rule 38 be repealed. THAT sub-rule 43(2) be repealed and replaced with the following: Exceptions 43(2) The 30-minute limit does not apply to: (

a) the Leader of the Government or of a Recognized Opposition Party; (

b) a Minister moving a Government Order; or (

c) a Member making a motion of "no confidence in the Government", or the Minister replying to the motion. A Leader who has not spoken for more than 30 minutes in a debate may, by giving written notice to the Speaker, designate one Member who may speak in the debate for as long as the Member wishes. If the Member then speaks in the debate, the 30-minute limit applies to the Leader.

THAT sub-rule 43(4) be repealed. THAT Rule 44 be replaced with the following, effective April 20, 2016: Limitation of debate on Address in Reply to Throne Speech 44 The proceedings on the Order of the Day for presenting and debating t he motion for an Address in Reply to the Speech from the Throne, and on any amendments proposed thereto, shall not exceed six sitting days.

THAT Rule 45 be repealed and replaced with the following, effective April 20, 2016: Precedence on Order Paper 45(1) The Order of the Day for resuming debate on the motion for an Address in Reply to the Speech from the Throne shall take precedence over all other motions for the same day. Interrupting debate for Government business 45(2) Despite sub-rule (1), the Government House Leader may interrupt the debate on as many as two sitting days to call Government business.

Disposal of questions 45(3) On the sixth of the six days, at 30 minutes before the ordinary time of daily adjournment, unless debate has previously been concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion, and any amendments thereto. Speaking times in debate 45(4) No Member may speak for more than 20 minutes in this debate. Exceptions 45(5) The 20-minute limit does not apply to the Leader of the Government, of the Official Opposition, or of a Recognized Opposition Party.

A Leader who has not spoken for more than 20 minutes in this debate may, by giving written notice to t he Speaker, designate one Member 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.

Termination of debate 45(6) On the eighth sitting day after the main motio n has been moved, at 30 minutes before the ordinary time of daily adjournment, unless debate has previously been concluded, the Speaker shall interrupt the proceedings and forthwith put every question necessary to dispose of the main motion, and any amendm ents thereto. The Speaker shall not hear Points of Order or Matters of Privilege until all questions relating to this debate have been disposed of.

THAT sub-rules 50(3) and 50(4) be repealed and replaced with the following: Decision 50(3) The Speaker shall decide the point of order and the Speaker's decision is not subject to appeal to the House and cannot be debated. Points of order ruled on by Chairperson 50(4) Rulings on points of order by a Chairperson in Committee of Supply and in Committee of t he Whole House are not subject to appeal, while rulings of a Chairperson on points of order in a Standing Committee can be appealed.

THAT Rule 60 be repealed and replaced with the following, effective April 20, 2016: Written Questions 60(1) Each Membe r may place up to five Written Questions on the Order Paper per session. A Written Question may seek information from: (

a) a Minister of the Crown relating to public affairs; or

(

b) another Member relating to any Bill, motion or other public matter conne cted with the business of the House in which the Member may be concerned. In putting any such Written Question, or replying to it, no argument or opinion shall be offered or any facts stated, except so far as may be necessary to explain it. Responses by Members 60(2) A Member replying to a Written Question must do so within 30 days of the Written Question appearing on the Order Paper. Written Questions listed 60(3) A Written Question that remains unanswered will be listed on the Order Paper once every two weeks.

Replying to Written Questions 60(4) A Member replying to a Written Question shall table the answer in the House or, if the House is not in session, follow established intersessional tabling provisions in accordance with sub-rule 24(2). THAT sub-rules 60(4) and 60(5) be repealed. THAT

Chapter V (Rules 61 and 62) be repealed. THAT the following be added as

Chapter V (Rules 61 and 62), effective April 20, 2016:

CHAPTER V CONDOLENCE MOTIONS Condolence Motions 61(1) A condolence motion is to be considered during the Fall Sittings. A condolence motion may be considered during the Spring Sittings only by unanimous consent. Notice not required 61(2) Despite Rules 43 and 63, a condolence motion is moved without notice during Orders of the Day. No amendments 61(3) A condolence motion is not subject to amendments and speaking time limits do not apply.

Moment of silence 62 At the conclusion of the speeches the Speaker puts the question and asks Members to signify their approval of the mo tion by rising in their places for a moment of silence. THAT sub-rule 75(1) be repealed and replaced with the following, effective April 20, 2016: Rules observed in Committee of the Whole 75(1) The Rules shall be observed in a Committee of the Whole Ho use, insofar as they are applicable, except the Rules requiring seconding of motions, limiting the number of times of speaking, and, in the case of the Committee of Supply, requiring Members to rise to speak.

The speaking time limit in Committee of the Wh ole is five minutes. THAT sub -rules 77(1) and 77(2) be repealed and replaced with the following, effective April 20, 2016: Speaking Times in the Committee of Supply 77(1) With the exception of opening statements, Members shall speak for no more than five minutes in Committee of Supply debates. Opening Statements 77(2) Opening statements from Ministers and critics from Recognized Opposition Parties shall be restricted to 10 minutes.

THAT the following be added after sub -rule 77(16), effective April 20, 2016: Matters under advisement 77(16.1) During the consideration of departmental estimates and the debate on the concurrence motion in the Committee of Supply, when a Minister takes a question under advisement he or she must, within 45 days of the ques tion being asked, respond to the question in one of the following ways: (

a) in the Committee of Supply before the conclusion of that department's estimates: (

i) by providing the answer verbally, or (ii) by tabling the answer; (

b) in the Committee of S upply during the debate on the concurrence motion: (

i) by providing the answer verbally, or (ii) by tabling the answer; (

c) in writing: (

i) by tabling an answer in the House, or (ii) if the House is not in session, by following established interses sional tabling provisions in accordance with sub- rule 24(2). THAT sub-rule 78(4.3) be repealed and replaced with the following, effective April 20, 2016: Limits on number of times Ministers can be called 78(4.3) The First Minister is only eligible to be called once on the concurrence list for a maximum of three days, while the other Ministers of the Crown can be called a maximum of three times.

THAT the following be added after sub -rule 84(4): Rules Committee to meet twice per year 84(5) After consul ting with House Leaders of recognized parties and each Independent Member, the Government House Leader shall call a minimum of two meetings per year of the Standing Committee of the Rules of the House. THAT sub-rule 92(5) be repealed and replaced with the following, effective April 20, 2016: Sitting past midnight 92(5) Except with the unanimous consent of the Committee, a Standing or Special Committee must not hear public presentations past midnight.

After concluding public presentations, by unanimous consent the Committee may sit past midnight to consider a Bill clause by clause. THAT sub-rule 92(6) be repealed, effective April 20, 2016. THAT sub-rule 111(1) be repealed and replaced with the following, effective April 20, 2016: Meetings 111(1) After consulting with the PAC Chairperson and Vice -Chairperson, the Government House Leader shall call a minimum of nine meetings of the PAC per year. To the extent practicable, the meetings shall be held at regular intervals.

THAT the following be added after sub-rule 136(4): Government Bills Question Period 136(5) Following the Minister's opening speech on the Second Reading of a Government Bill, a question period of up to 15 minutes on the Bill may occur. During this question period: (

a) One ques tion at a time may be addressed to the Minister by any Member in the following sequence: (

i) first question asked by the Official Opposition critic or designate; (ii) subsequent questions asked by critic(

s) or designate(

s) from other Recognized Opposition Parties; (iii) subsequent questions asked by each independent Member; (iv) remaining questions asked by any opposition Members. (

b) No question or answer shall exceed 45 seconds.

Agreements Your Committee reached the following agreements during the meeting on June 26, 2015: • THAT the Clerk’s office be authorized to update Appendix E of the Rules, Orders and Forms of Proceedings to accurately reflect the speaking time provisions contained within. • THAT the Clerk may re -number the Rules, Orders and F orms of Proceedings of the Legislative Assembly and make other minor corrections that 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 are permanent.

Submitted by, ___________________________________ Hon. Daryl REID, Chairperson June 26, 2015

Document details

CollectionManitoba — Committees
CitationRH 4-40-01
Typecommittee
Volume / chapterreports 40th 4th rh01.pdf
Languageen
Formatpdf
SourcePROVINCIAL
Identifierc3d883c9a921e36e8dd75299fac762b4475fb975

Source file is stored in the law ingest library (pdf).