PRAYERS
1:30 O'CLOCK P.M.
Hon. Ms. Mihychuk presented:
Annual Report of The Co-operative Loans and Loans Guarantee
Board for the fiscal year ending March 31, 2002.
(Sessional Paper No. 11)
Annual Report of the Cooperative Promotion Board for the fiscal year ending
March 31, 2002.
(Sessional Paper No. 12)
Annual Report of the Industrial Technology Centre for the fiscal year ending
March 31, 2002.
(Sessional Paper No. 13)
Annual Report of the Department of Industry, Trade and Mines
for the fiscal year ending March 31, 2002.
(Sessional Paper No. 14)
______________________________
The following Bills were, by leave, respectively introduced, had the purposes
outlined thereof and were read a First Time:
(No. 3) – The Legislative Assembly Amendment Act/Loi
modifiant la Loi sur l'Assemblée législative
(Recommended by His Honour, the Lieutenant Governor)
(Hon. Mr. Mackintosh)
(No. 4) – The Fire Departments Arbitration Amendment Act/Loi
modifiant la Loi sur l'arbitrage relatif aux services de pompiers
(Hon. Ms. Barrett)
______________________________
Hon. Mr. Mackintosh presented:
Message from His Honour, the Lieutenant Governor recommending
the disposition of public revenue for Bill (No. 3).
(Sessional Paper No. 15)
______________________________
Pursuant to Rule 23(1), Mrs. Smith (Fort Garry), Mr. Aglugub,
Hon. Mr. Gerrard, Mr. Dyck and Ms. Cerilli made Members' Statements.
______________________________
Hon. Mr. Doer moved:
THAT this House convey to the family of the late Douglas
Stanes, who served as a Member of the Legislative Assembly of Manitoba, its
sincere sympathy in their bereavement and its appreciation of his devotion to
duty in a useful life of active community and public service; and that Mr.
Speaker be requested to forward a copy of this resolution to the family.
And Hon. Mr. Doer, Messrs. Murray and Rondeau and Hon. Mr.
Gerrard having spoken,
The motion was agreed to, the House standing.
______________________________
Hon. Mr. Doer moved:
THAT this House convey to the family of the late Roger
Teillet, who served as a Member of the Legislative Assembly of Manitoba, its
sincere sympathy in their bereavement and its appreciation of his devotion to
duty in a useful life of active community and public service; and that Mr.
Speaker be requested to forward a copy of this resolution to the family.
And Hon. Messrs. Doer and Gerrard, Mr. Murray and Hon. Mr.
Selinger having spoken,
The motion was agreed to, the House standing.
______________________________
Hon. Mr. Doer moved:
THAT this House convey to the family of the late Sidney
Spivak, who served as a Member of the Legislative Assembly of Manitoba, its
sincere sympathy in their bereavement and its appreciation of his devotion to
duty in a useful life of active community and public service; and that Mr.
Speaker be requested to forward a copy of this resolution to the family.
And Hon. Mr. Doer, Mr. Murray, Ms. Asper, Hon. Mr. Gerrard,
Messrs. Schellenberg and Gilleshammer and Mrs. Stefanson having spoken,
The motion was agreed to, the House standing.
______________________________
Hon. Mr. Doer moved:
THAT this House convey to the family of the late William
Chornopyski, who served as a Member of the Legislative Assembly of Manitoba, its
sincere sympathy in their bereavement and its appreciation of his devotion to
duty in a useful life of active community and public service; and that Mr.
Speaker be requested to forward a copy of this resolution to the family.
And Hon. Messrs. Doer and Gerrard, Messrs. Murray,
Martindale, Gilleshammer and Cummings having spoken,
The motion was agreed to, the House standing.
______________________________
By leave, Hon. Ms. Barrett moved:
THAT Bill (No. 4) – The Fire Departments Arbitration
Amendment Act/Loi modifiant la Loi sur l'arbitrage relatif aux services de
pompiers, be now read a Second Time and be referred to a Committee of this
House.
And a debate arising,
And Hon. Ms. Barrett and Mr. Laurendeau having spoken,
And the Question being put. It was agreed to.
The Bill was accordingly read a Second Time and referred to a
Committee of this House.
______________________________
By leave, Hon. Mr. Mackintosh moved:
1. THAT the Rules, Orders and Forms of Proceedings of the
Legislative Assembly of Manitoba be amended as follows:
THAT sub-rules 1(1) and (2) be replaced with the following:
Procedure generally
1(1) Proceedings in the House and in Committees are to be
conducted in accordance with these Rules and with the sessional and other
orders of the Assembly.
Procedure in unprovided cases
1(2) In cases not provided for in these Rules or the
orders of the Assembly, the Speaker or Chairperson is to be guided by the
usages and customs of the Assembly or, if there are none, by the
parliamentary traditions of the House of Commons and any other Legislative
Assembly in Canada, to the extent they apply to this Assembly.
THAT sub-rule 1(3) be amended by adding the following:
(j) "supply Bill" means a Bill relating to
interim, main, capital or supplementary supply, such as an Appropriation
Act or a Loan Act.
THAT the following be added in Chapter 1 after
"REGULATION AND MANAGEMENT OF THE HOUSE":
SESSIONAL CALENDAR
Sessional calendar
2(1) During a Legislature, the House may meet at any time
(a) from the first Monday in February to Thursday of
the second full week in June, except during the week designated under
The Public Schools Act as a spring break or vacation; and
(b) from the first Monday after Labour Day to
Thursday of the first full week of December.
Within these periods, the House is to begin 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 Thursday. The House then stands
adjourned to the call of the Speaker.
Recall of House
2(2) If the government advises the Speaker that the
public interest requires the House to meet at any other time because of an
emergency or extraordinary circumstances, the Speaker must advise the
Members that the House is to meet at the time specified by the government.
The House must begin to meet at the specified time.
If no Speaker
2(3) If there is no Speaker, the Clerk is to act in the
Speaker's place under this Rule.
THAT Rule 2 be replaced with the following:
Daily sittings
2.1 The House is to meet on Mondays, Tuesdays, Wednesdays
and Thursdays, unless otherwise ordered. But it is not to meet on a day
designated as a holiday under The Civil Service Act.
THAT sub-rules 3(4) and (5) be replaced with the following:
Usual adjournment hour
3(4) The Speaker must adjourn the House to the next
sitting day, without a motion for adjournment,
(a) at 5:30 p.m. on Mondays, Tuesdays, Wednesdays and
Thursdays; and
(b) at 12:30 p.m. on Fridays during debates on the
motions for an Address in Reply to the Speech from the Throne and the
Budget.
Thursday adjournment during Committee of Supply
3(5) Once consideration of department estimates has
begun, the Speaker must adjourn the Thursday sitting on Friday at 12:30 p.m.
to permit the Committee of Supply to sit on Friday morning from 10:00 a.m.
to 12:30 p.m.
THAT sub-rule 5(2) be replaced with the following:
Election of Speaker in case of vacancy
5(2) If the office of Speaker becomes vacant for any
reason, the House must proceed to elect one of its Members as Speaker.
If the vacancy arises between sessions or while the House
is adjourned, the Clerk must immediately notify all Members of the vacancy
and inform them that the first order of business when the House next meets
will be the election of a Speaker.
THAT the following be added after sub-rule 12(4):
When Speaker is absent
12(4.1) If the Speaker is absent from a meeting of the
House, the Deputy Speaker must act in his or her place. If the Deputy
Speaker is also absent, one of the Deputy Chairpersons may act in his or her
place.
THAT the following be added after Rule 18:
Bowing to the Chair
18.1(1) Members must bow to the Chair when entering,
leaving or crossing the Legislative Chamber if the Mace is in the Chamber.
Crossing the Chamber
18.1(2) Members may not cross the Legislative Chamber
between the Chair and the Mace, or between the Chair and a Member who is
speaking.
Use of computers and other electronic devices
18.2(1) Except during Question Period, Members may use
laptop computers and other electronic devices in the House and in Committee
in a silent mode.
Telephone conversations
18.2(2) Members may not have telephone conversations in
the House or in Committee.
THAT sub-rules 22(1) to (5) be replaced with the following:
Daily routine
22(1) The daily routine of business 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:
Petitions
Committee Reports
Tabling of Reports
Ministerial Statements
Introduction of Bills
Oral Questions
Members' Statements
Grievances
Order after daily routine
22(2) After the daily routine of business, the Orders of
the Day shall be considered as follows, subject to Rule 26:
Orders for Returns and Addresses for Papers
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
Private Members' Business
22(3) Private Members' Business shall be considered as
follows when the House sits on Thursdays:
10:00 a.m. to 11:00 a.m. (Private Members' Hour)
Private Bills
Public Bills
Orders for Return and Addresses for Papers
Private Members' Resolutions
11:00 a.m. to 12:00 noon (Private Members' Hour)
Private Members' Resolutions
Orders for Return and Addresses for Papers
Public Bills
Private Bills
Deferral of division
22(4) A division requested during a Private Members' Hour
must be deferred to the next Private Members' Hour. At that time it will be
the first item of business.
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 Member's
Hour.
Resolving into Committee of the Whole or of Supply
22(5) Whenever the Order of the Day is called for
"Committee of the 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.
THAT the following be added after Rule 22:
TABLING DOCUMENTS
Tabling documents
22.1(1) A Member presenting a report or other document to
the House must state that he or she is "tabling" the document.
Inter-sessional deposit with the Clerk
22.1(2) If the House has been adjourned for more than 10
days, any report or other document required to be laid before the House in
accordance with an Act, the Rules, or a resolution or order of the House may
instead be deposited with the Clerk. Such a report or document is to be
considered for all purposes to have been laid before the House on the first
sitting day after the adjournment.
Recorded in Votes
22.1(3) A record of any report or document deposited with
the Clerk must be entered in the Votes and Proceedings.
STATEMENTS BY MINISTERS
Statements by Ministers
22.2(1) When the time comes for Ministerial Statements in
the daily routine of business, a Minister of the Crown may make a statement
or announcement of government policy.
Copies
22.2(2) The Minister making the statement or announcement
must give the Clerk 14 copies to distribute to the Speaker, each Leader of a
Recognized Party and each Member designated by a Leader as the critic for
the area of government policy to which the announcement or statement
relates. The copies are to be distributed before the announcement or
statement is made.
Comment by Opposition Party
22.2(3) A spokesperson for each Recognized Opposition
Party may make a brief comment about the Minister's announcement or
statement. The spokesperson may speak for no longer than the Minister spoke.
THAT the following be added after sub-rule 25(9):
Jurisdictional limit
25(9.1) A motion under this Rule may only concern a
matter that comes within the administrative responsibilities of the
government.
THAT sub-rule 25(13) be replaced with the following:
Debate limited to one sitting day
25(13) Debate on an Opposition Day Motion is to be
limited to one sitting day. The Speaker must interrupt the proceedings and
put the question 30 minutes before the usual adjournment hour.
Amendments not allowed
25(14) A motion under this Rule cannot be amended.
THAT sub-rule 27(3) be repealed.
THAT Rules 28 and 29 be replaced with the following:
PRIVATE MEMBERS' RESOLUTIONS
Definition of "resolution"
28(1) In this Rule, "resolution" means a vote,
motion, resolution or address that a Private Member has introduced or given
notice of, but does not include a motion for first, second or third reading
of a Bill, or a motion to refer a Bill to a Committee.
Submitting a resolution
28(2) Within 14 days after the Throne Speech is read,
each Private Member may submit one resolution to the Clerk, who is to
determine if it is procedurally correct.
Committee to priorize resolutions
28(3) Within a further 7 days, a committee consisting of
the House Leaders, and other Members selected by the House Leaders, must
meet to decide whether any of the resolutions submitted should be priorized
for a vote, and the order in which they are to be voted.
The committee may make minor wording changes to a
Member's resolution, but only with the Member's consent.
Order of priorized resolutions
28(4) The resolutions priorized for a vote are to be
considered filed and are to be listed on the Notice Paper in the order
determined by the committee.
Draw of resolutions not priorized
28(5) Any resolutions not priorized for a vote are to
proceed immediately to a draw to determine their numerical order. If the
committee does not meet within the 7-day period to decide on priority, all
of the resolutions are to proceed to that draw. When the draw is completed,
the resolutions are to be considered filed in the numerical order determined
by the draw.
When additional resolutions may be filed
28(6) Private Members may file additional resolutions
only after the draw is completed. The additional resolutions are to be
placed on the bottom of the list of resolutions not priorized for a vote.
Priorized resolutions to retain place
28(7) When a resolution priorized for a vote is debated
for the first time, it retains its place on the Order Paper until disposed
of.
Priorized resolution cannot be amended
28(8) A resolution priorized for a vote cannot be
amended.
Time limit on debate
28(9) Each resolution is to be considered for no more
than three hours. At the end of three hours of debate, or if there are no
more Members wishing to speak, the Speaker must put the question.
Resolutions not priorized for a vote
28(10) When a resolution not priorized for a vote (other
than a resolution for an order for return or an address for papers) is
reached for the first time on the Order Paper 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 Order Paper at the
bottom of the list of resolutions not priorized for a vote.
Resolutions not priorized for a vote not proceeded with
second time
28(11) When a resolution not priorized for a vote (other
than a resolution for an order for return or an address for papers) is
reached for the second time on the Order Paper for introduction, if the
Member is not present or does not proceed with the resolution at that time,
it is to be removed from the Order Paper.
Request to "stand" or "adjourn"
matters
28(12) During Private Members' Hour, no Member may ask
that a matter be allowed to "stand" and no motion to
"adjourn" can be made respecting a resolution.
THAT the following be added after sub-rule 30(4):
Interrupting debate
30(4.1) Despite sub-rule (4), the Government House Leader
may interrupt the debate on as many as three sitting days to call government
business.
Any day on which the debate is interrupted for more than
30 minutes in total does not count as one of the eight days allowed for the
debate under sub-rule (3).
THAT Rule 41 and the centred heading preceding it be replaced
with the following:
SPEECHES LIMITED TO 30 MINUTES
30-minute limit
41(1) No Member may speak for more than 30 minutes in any
debate.
Exceptions
41(2) The 30-minute limit does not apply to
(a) the Leader of the Government, of the Official
Opposition, 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.
15-minute limit during Private Members' Hour
41(3) No Member may speak for more than 15 minutes
(a) during a Private Members' Hour; or
(b) in a debate on an item of Private Members'
business called by the government outside a Private Members' Hour.
Questions by unanimous consent
41(4) After a Member has used up his or her speaking time
in a debate, a question may be put to the Member only with the unanimous
consent of the House.
General rule on rotation
41.1(1) When a Member speaks in a debate, the Speaker
must not recognize another Member from the same party to speak until an
opportunity has been provided for a Member from another party who is
standing in his or her place to speak.
Exception: splitting 30-minute limit
41.1(2) Except during the debate on the motions for an
Address in Reply to the Speech from the Throne and the Budget, on being
recognized to speak, a Member may inform the Speaker that he or she is
dividing the 30-minute limit equally with another Member of the same party.
Such speeches must be given consecutively without rotation among the
parties. A Member who speaks within that 30-minute limit may not speak again
in the debate except as permitted by Rule 55 (Member may explain speech if
misquoted or misunderstood).
THAT the following be added after sub-rule 43(1):
Interrupting debate for government business
43(1.1) Despite sub-rule (1), the Government House Leader
may interrupt the debate on as many as three sitting days to call government
business.
Any day on which the debate is interrupted for more than
30 minutes in total does not count as one of the eight days allowed for the
debate under Rule 42.
THAT paragraph 44(1)(h) be replaced with the following:
(h) for the adoption in Committee of Supply, or in
any other Committee of the Whole House, of the resolution, clause,
section, preamble or title under consideration;
THAT the following be added after Rule 45:
TIME ALLOCATION FOR BILLS AND MOTIONS
Time allocation for Bills and motions
45.1(1) During Orders of the Day, the Government House
Leader may propose a time allocation motion allotting a specified number of
hours to consider and dispose of the proceedings on a government Bill or
government motion.
If the Government House Leader is absent, another
Minister may propose the motion.
Reasons for motion
45.1(2) The Government House Leader or other Minister
proposing the motion may state the reasons for a time allocation motion, and
one Member of each Recognized Opposition Party may respond. No speech may
exceed 10 minutes.
No amendment or debate
45.1(3) A time allocation motion cannot be amended, and
cannot be debated except as described in sub-rule (2).
Vote cannot be deferred
45.1(4) A vote on a time allocation motion cannot be
deferred, despite Rule 13.
When notice can be given
45.1(5) Notice of a time allocation motion cannot be
given
(a) for proceedings on a Bill, until two weeks have
elapsed since the Bill was distributed in the House, and the Speaker has
called the Bill for debate at least three times; and
(b) for any other government motion, unless debate on
the motion has begun.
Exception for supply Bill
45.1(6) Sub-rule (5) does not apply to a supply Bill or a
Bill to implement the budget.
May cover one or more stages of a Bill
45.1(7) A time allocation motion for a Bill may cover the
proceedings at one or more stages of the Bill's consideration. A motion
covering more than one stage must specify the time allocated to each of
them.
No time allocation for certain Bills
45.1(8) A time allocation motion cannot be made for a
Bill that
(a) provides for privatizing a Crown corporation; or
(b) amends, repeals or overrides the referendum
requirements of The Balanced Budget, Debt Repayment and Taxpayer
Accountability Act or The Manitoba Hydro Act, or any Act that requires a
referendum before a Crown corporation is privatized.
100 hours for estimates not affected
45.1(9) A time allocation motion cannot have the effect
of reducing the 100 hours allowed under Rule 74 for considering estimates
and supply Bills.
THAT sub-rule 46(1) be replaced with the following:
Closure of debate
46(1) Immediately before the Order of the Day for
resuming an adjourned debate is called, or if the House is in Committee of
Supply or any other Committee of the Whole House, a Minister of the Crown
who standing in their place has given notice at a previous sitting of their
intention to do so, may move that the debate shall not be further adjourned,
or that further consideration of any resolutions, clauses, sections,
preambles or titles shall be the first business of the Committee and shall
not be further postponed. In either case the question shall be decided
without debate or adjournment.
THAT sub-rule 46(3) be replaced with the following:
Limitation
46(3) This Rule does not apply to a debate on a motion
(a) for an Address in Reply to the Speech from the
Throne; or
(b) to approve in general the budgetary policy of the
government.
THAT sub-rule 53(2) be repealed.
THAT Rule 60 be replaced with the following:
One-day notice of motion
60(1) One day's notice must be given of a motion
(a) to introduce a public Bill other than a supply
Bill;
(b) under Rule 45.1 (time allocation motion);
(c) to present a resolution or address;
(d) to appoint a Committee; or
(e) to place a written question on the Order Paper.
Notice during sessional period
60(2) A notice under sub-rule (1) that is filed during a
sessional period must
(a) be filed with the Clerk on a sitting day before
the House adjourns, or before the usual adjournment hour, whichever is
later; and
(b) be printed in the Notice Paper for the next
sitting day and placed on the Order Paper for the next sitting day after
that.
Notice between sessional periods
60(3) Between sessional periods, the notice must be filed
with the Clerk before 12:00 noon on the last working day before the
sessional period begins.
If the House is being recalled under sub-rule 2(2), the
notice must be placed on the Order Paper for the first sitting day. In any
other case, the notice must be printed in the Notice Paper
(a) for the first sitting day, in the case of a
session being re-convened;
(b) for the second sitting day, in the case of a
Second Session or a later session of the Legislature; and
(c) for the third sitting day, in the case of a First
Session of the Legislature;
and must be placed on the Order Paper for the next
sitting day after that.
THAT sub-rule 62(2) be repealed.
THAT sub-rule 64(2) be replaced with the following:
If filed with the Clerk
64(2) A motion requiring notice must be filed with the
Clerk. If the Speaker approves it, the notice is to be reproduced on the
Notice Paper and placed on the Order Paper as described in Rule 60.
THAT Rule 65 be repealed.
THAT the following be added after sub-rule 73(1):
Quorum
73(1.1) The quorum for a Committee of the Whole House is
10 Members.
THAT Rule 74 be replaced with the following:
Business of supply
74(1) The business of supply for a fiscal year consists
of
(a) motions to concur in interim supply, main and
capital estimates and supplementary or final estimates;
(b) motions to vary, delete, restore or reinstate any
item in the estimates; and
(c) motions to introduce supply Bills or to pass them
at any stage.
Estimates referred to Committee of Supply
74(2) When the estimates and the accompanying messages
from the Lieutenant Governor are tabled in the House, they stand referred to
the Committee of Supply.
100-hour limit for business of supply
74(3) In each session, no more than 100 hours in total
are to be allowed for consideration of the business of supply, other than
(a) the concurrence motion under Rule 76;
(b) the motion for Second Reading of a supply Bill;
or
(c) the motion of Concurrence and Third Reading of a
supply Bill.
Record of time remaining
74(4) The Clerk shall print in the Order Paper for each
sitting day the number of hours and minutes remaining under sub-rule (3).
When time limit expires
74(5) If the business of supply to which the 100-hour
limit applies has not been completed when that limit expires, the
Chairpersons of the Committees of Supply and of the Whole House shall
immediately put all questions necessary to dispose of the remaining matters.
These questions are not subject to debate, amendment or adjournment.
THAT the following be added after sub-rule 75(12):
Committee of Supply sitting on Fridays
75(12.1) When the Committee of Supply, or a section of
it, sits on a Friday, no quorum is required, and the chairperson or deputy
chairperson of the Committee can accept a vote on a question only if it is
unanimous. If a vote is not unanimous,
(a) the question must be put again, without further
debate, as the first item of business at the next sitting of the
Committee of Supply that is not on a Friday; and
(b) the Committee continues with the next item for
consideration, unless the question pertains to the last item of supply
for a government department.
Any challenge to a ruling of the chairperson must be
deferred to the next sitting of the Committee of Supply that is not on a
Friday.
After the Committee rises on a Friday, the only motion
that may be made in the House is a motion for adjournment.
THAT sub-rule 75(14) be repealed.
THAT the following be added after sub-rule 75(15):
Considering departmental estimates
75(15.1) During consideration of departmental estimates,
line items need not be passed, but they may be called for the purpose of
asking questions or moving amendments. Departmental resolutions must be
voted on separately.
THAT sub-rules 75(16) and (17) be repealed.
THAT Rule 76 be replaced with the following:
Concurrence motion in Committee of Supply
76(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.
Text of motion
76(2) The concurrence motion is to be in the following
form:
"THAT the Committee of Supply concur in all supply
resolutions relating to the Estimates of Expenditure for the fiscal year
ending March 31, (year) which have been adopted at this session, whether by
a section of the Committee of Supply or by the full Committee."
No time limit
76(3) Subject to Rule 45.1, there is no time limit on the
debate on the concurrence motion.
Notice before questioning of Ministers
76(4) The Official Opposition House Leader must, at least
24 hours in advance, table in the House a list of Ministers of the Crown who
may be called for questioning in the debate on the concurrence motion. The
Official Opposition House Leader may list a Minister's name only twice, but
if the Minister is not available when called, he or she may be listed again.
THAT sub-rule 81(1) be replaced with the following:
Standing Committees
81(1) At the beginning of the first session of each
Legislature, a special committee of seven members must be appointed to
prepare and report, without delay, lists of Members to compose the following
Standing Committees of the House:
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
THAT the following be added after sub-rule 81(1):
Membership
81(1.1) No Standing or Special Committee may consist of
more than 11 Members.
THAT the following be added after Rule 90:
Hearing presentations
90.1(1) When persons are registered to make presentations
to a Standing or Special Committee considering a bill, the Committee must
allow each presenter a maximum of 10 minutes to make a presentation, and an
additional 5 minutes to respond to questions from Members of the Committee.
As an exception, the Chairperson may, with the unanimous consent of the
Committee, allow a presenter who has spoken for 10 minutes more time to
present and to respond to questions.
If presenter not in attendance
90.1(2) Except with the unanimous consent of the
Committee, if a presenter registered to speak is not present when called to
make their presentation, the presenter's name is to be dropped to the bottom
of the list. If the presenter is not in attendance when called a second
time, the presenter's name is to be removed from the list.
Evening meetings to begin at 6:30 p.m.
90.1(3) A Standing or Special Committee that meets in the
evening to consider a bill must meet at 6:30 p.m. As an exception, if a
Committee considering a bill in the afternoon has not finished hearing
presentations at 6:00 p.m., it may recess at that time and reconvene at 7:00
p.m.
Sitting past midnight
90.1(4) Except with the unanimous consent of the
Committee, a Standing or Special Committee that meets to consider a bill in
the evening must not sit past midnight to hear presentations unless
(a) the Committee has already heard presentations on
two previous evenings; or
(b) fewer than 20 presenters are registered to speak
to all bills being considered when the Committee meets at 6:30 p.m.
After hearing presentations, the Committee may sit past
midnight to consider the bill clause by clause.
Midnight of the third evening
90.1(5) At midnight on the third or any subsequent
evening that a Standing or Special Committee meets to consider a bill, the
chairperson is to decide, without debate, whether the Committee is to sit
past midnight and, if so, for how long.
No presenters may register past midnight on the third
evening
90.1(6) After midnight on the third evening that a
Standing or Special Committee meets to consider a bill, no presenter can be
registered to make a presentation.
Two-days notice of meeting
90.1(7) Two-days notice must be given in the House of the
first meeting of a Standing or Special Committee considering bills, if
presenters are registered to speak when the meeting is set.
THAT Rule 130 be replaced with the following:
Petition filed with Clerk
130(1) A Member wishing to present a petition to the
House must file it with the Clerk at least 24 hours before presenting it.
Form of petition
130(2) A petition must be in the form set out in Appendix
A, and must be signed by at least three petitioners. The names and addresses
of the first three petitioners must be legible. If more than one page is
required for signatures of petitioners, the subject matter of the petition
must be indicated on each page. The signature of the Member must also appear
at the top of the original petition.
Petition for expenditure not admissible
130(3) A petition is not in order if it requests an
expenditure, grant or charge on the public revenue, whether out of the
Consolidated Fund or out of money provided by the Assembly.
Petition to be examined
130(4) The Speaker must examine each petition filed by a
Member to ensure that it complies with these Rules and conforms to the
practices and privileges of the House.
If the Speaker is satisfied that it does, the Member's
name is to be printed on the next day's Order Paper under
"Petitions". If the Speaker is not satisfied, the petition is to
be returned to the Member.
Presenting petition
130(5) When the Member's name appears on the Order Paper
under "Petitions" and the Speaker calls that item during the daily
routine of business, the Member may present the petition from his or her
place in the House.
The Member must read the full text of the petition and
the names of the first three petitioners.
Petition received
130(6) When the Member reads the petition, it is deemed
to be received by the House.
No debate on petition
130(7) There is to be no debate on a petition.
Only one petition per day
130(8) A Member may present only one petition each day to
the House.
Only Member may present petition
130(9) A person wishing to have a petition presented to
the House must do so through a Member.
THAT Rule 132 be replaced with the following:
Motion for First Reading
132 Every Bill is to be introduced by a motion that
specifies the title of the Bill. The motion must be decided without
amendment or debate, but the mover may give a brief explanation of the
purpose of the Bill.
THAT Rule 134 be repealed.
THAT sub-rule 137(4) be replaced with the following:
Report Stage
137(4) The Report Stage of a Bill reported from a
Standing or Special Committee must not begin until the second sitting day
after the Bill is reported, unless the House orders otherwise.
THAT sub-rule 137(6) be replaced with the following:
Notice of Report Stage amendment
137(6) To amend a Bill at Report Stage, notice of the
motion to amend must be filed with the Clerk before the House adjourns or
before the usual adjournment hour, whichever is later, on the day the Bill
is reported to the House by the Committee that considered it. Copies of the
motion must be distributed in the House on the next sitting day.
THAT sub-rule 137(7) be amended by adding "Despite
sub-rule (6)," at the beginning.
THAT sub-rule 137(10) be replaced with the following:
Debate on amendment
137(10) If debate is permitted on a motion for a Report
Stage amendment, no Member shall speak in the debate more than once or
longer than
(a) 30 minutes, in the case of the Premier or the
Leader of a Recognized Opposition Party; or
(b) 15 minutes, in the case of any other Member.
THAT sub-rules 137(13) and (14) be replaced with the
following:
Concurrence and Third Reading on Order Paper
137(13) If the Clerk does not receive notice under
sub-rule (6) of a Report Stage amendment, the Bill must be listed for
Concurrence and Third Reading on the Order Paper for the second sitting day
after the Bill is reported to the House.
When Concurrence and Third Reading motion may be put
137(14) A Concurrence and Third Reading motion for a Bill
may not be put until
(a) in the case of a Bill reported from a Committee
of the Whole, the day it is reported;
(b) in any other case,
(i) the Report Stage proceedings for the Bill have
been concluded, or
(ii) the day the Bill is listed for Concurrence and
Third Reading on the Order Paper.
THAT sub-rule 137(15) be repealed.
THAT paragraph 142(f) be repealed.
THAT Appendix D to these Amendments be added as Appendix D to
the Rules.
2. THAT where an Act contain a reference to a Standing
Committee that no longer exists because of the amendments made to Rule 81, the
Government House Leader may decide which of the new Committees named in that
Rule is to assume the role of the Committee no longer in existence, until such
time as the Act containing the reference is amended.
3. THAT the Clerk may re-number the Rules, Orders and Forms
of Proceedings of the Legislative Assembly and make other minor corrections that
in no way alter the intended meaning of these Amendments.
4. THAT the Clerk may prepare revised Rules incorporating
these Amendments.
5. THAT these Amendments come into force on January 1, 2003.
6. THAT as soon as possible the Clerk and Legislative Counsel
prepare a plain language revision of the Rules, Orders and Forms of Proceedings
of the Legislative Assembly for the consideration of the House.
APPENDIX D
FINANCIAL PROCEDURE GUIDE
BUDGET PROCEDURE
1. Finance Minister (without notice or leave) moves Budget
Motion.
2. Page picks up motion and delivers it to the Speaker.
3. Speaker proposes motion to the House.
4. Finance Minister presents Budget Address.
5. Leader of the Official Opposition adjourns debate.
6. Finance Minister advises the Speaker that there are
two messages from His Honour, the Lieutenant Governor.
7. Sergeant-at-Arms picks up messages and delivers them to
the Speaker.
8. Speaker reads messages. (all members stand)
9. Sergeant-at-Arms delivers messages (when read) to the
Clerk.
10. Government House Leader moves adjournment of the House.
INTERIM SUPPLY PROCEDURE
(WHEN INTERIM SUPPLY FOLLOWS THE BUDGET)
1. Speaker announces that the House will resolve into
Committee of Supply.
2. Committee of Supply considers resolutions respecting
interim supply. (debatable)
3. Chairperson of Committee of Supply presents the report
of the Committee to the House and moves that it be received. (non-debatable)
4. The House considers and adopts the motion regarding
interim supply. (notice not required)
5. Finance Minister moves First Reading of the Interim
Supply Bill. (may not be debated, amended or adjourned)
6. House staff distributes copies of Interim Supply Bill
immediately after adoption of First Reading.
7. Finance Minister (by leave if on same day as First
Reading) moves Second Reading of Interim Supply Bill and referral to
Committee of the Whole. (debatable - 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 Interim Supply Bill for
Third Reading.
9. Committee of the Whole considers Interim Supply Bill.
(debatable)
10. Chairperson of the Committee of the Whole presents
report of the Committee to the House and moves that it be received.
(non-debatable)
11. Government House Leader moves combined Concurrence
and Third Reading Motion. (debatable - may be agreed to without debate or
adjourned)
12. Lieutenant Governor grants Royal Assent to Interim Supply
Bill.
MAIN AND CAPITAL SUPPLY PROCEDURE
1. Speaker announces that the House will resolve into
Committee of Supply to consider the resolution respecting the Capital Supply
Bill.
2. Committee of Supply considers the resolution
respecting Capital Supply Bill – The Loan Act. (no debate if 100 hour time
limit has expired)
3. Government House Leader moves Concurrence Motion and
Committee of Supply considers it. (debatable motion - 100 hour time limit
does not apply)
4. Chairperson of the Committee of Supply presents the
report of the Committee to the House and moves that it be received. (not
debatable)
5. Government House Leader moves Concurrence Motion in
the House. (cannot be debated, amended or adjourned)
6. House considers and adopts motion regarding Capital
Supply Bill. (no notice required)
7. House considers and adopts motion regarding Main
Supply Bill. (no notice required)
8. Finance Minister moves First Reading of Main Supply
Bill – The Appropriation Act. (may not be debated, amended or adjourned)
9. House staff distributes copies of Main Supply Bill –
The Appropriation Act immediately after adoption of First Reading Motion.
10. Finance Minister, by leave (if on same day as 1R),
moves Second Reading of Main Supply Bill – The Appropriation Act, and
referral to a Committee of this House. (debatable motion – may be agreed
to without debate or adjourned)
11. Finance Minister moves First Reading of Capital
Supply Bill – The Loan Act. (may not be debated, amended or adjourned)
12. House staff distributes copies of Capital Supply Bill
– The Loan Act, immediately after adoption of the First Reading Motion.
13. Finance Minister, by leave (if on same day as 1R),
moves Second Reading of Capital Supply Bill – The Loan Act, and referral
to a Committee of this House. (debatable motion - may be agreed to without
debate or adjourned)
14. Speaker (no leave necessary) announces that the House
will resolve into Committee of the Whole to consider and report on Capital
Supply Bill – The Loan Act, and Main Supply Bill – The Appropriation
Act, for Third Reading.
15. Committee of the Whole considers Capital Supply Bill
– The Loan Act, and Main Supply Bill –The Appropriation Act. (debatable
matter, but no debate if 100 hour time limit has expired)
16. Chairperson of the Committee of the Whole House
presents report of the Committee to the House and moves that it be received.
(not debatable)
17. Other Minister of the Crown, usually Government House
Leader, moves Concurrence and Third Reading of Capital Supply Bill – The
Loan Act. (debatable motion – may be agreed to without debate or
adjourned)
18. Other Minister of the Crown, usually the Government
House Leader, moves Concurrence and Third Reading of Main Supply Bill –
The Appropriation Act. (debatable motion – may be agreed to without debate
or adjourned)
19. Lieutenant Governor gives Royal Assent to Capital
Supply Bill – The Loan Act, and Main Supply Bill – The Appropriation
Act.
And a debate arising,
And Hon. Mr. Mackintosh, Mr. Laurendeau and Hon. Mr. Gerrard
having spoken,
And the Question being put. It was agreed to.
______________________________
By leave, Hon. Mr. Mackintosh moved:
THAT Bill (No. 3) – The Legislative Assembly Amendment Act/Loi
modifiant la Loi sur l'Assemblée législative, be now read a Second Time and be
referred to a Committee of this House.
And a debate arising,
And Hon. Messrs. Mackintosh and Gerrard and Mr. Laurendeau
having spoken,
And the Question being put. It was agreed to.
The Bill was accordingly read a Second Time and referred to a
Committee of this House.
______________________________
Hon. Mr. Mackintosh moved:
THAT Bill (No. 2) – The Civil Remedies Against Organized
Crime and Liquor Control Amendment Act/Loi sur les recours civils contre le
crime organisé et modifiant la Loi sur la réglementation des alcools, be now
read a Second Time and be referred to a Committee of this House.
And a debate arising,
And Hon. Mr. Mackintosh, Mr. Hawranik and Mrs. Smith (Fort
Garry) having spoken,
And the Question being put. It was agreed to.
The Bill was accordingly read a Second Time and referred to a
Committee of this House.
______________________________
The House then adjourned at 5:36 p.m. until 1:30 p.m.
Thursday, December 5, 2002.
Hon. George Hickes,
Speaker.