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Point of Order December 4, 2009

Tabling of Documents: Reports and Returns deposited with the Clerk of the House of Commons

Hon. Peter Milliken

Hon. Peter Milliken

Speaker of the House

Ruling Text

The Speaker: I am now prepared to rule on the point of order raised on Wednesday, December 2, 2009, by the hon. Member for Toronto–Danforth regarding the tabling of a document by the Minister of Finance. The hon. Member argued that the document should have been tabled in the House. He acknowledged, however, that the document in question had been filed with the Clerk on Tuesday, December 1, 2009. Indeed, in responding to the point of order, the Government House Leader read the excerpt of the Journals of that day where the tabling is noted at page 1115. The Second Edition of House of Commons Procedure and Practice states on page 432: As an alternative, the Standing Orders provide that papers required by statute, by Order of the House, or by Standing Order may be deposited by a Minister with the Clerk of the House. This is known as "back door" tabling. It is entirely at the discretion of the Minister involved as to which method to use for those documents that are required to be tabled; As noted in the Journals, the document in question was tabled pursuant to an Order of the House made February 3, 2009. I am informed that it was filed at 5:20 p.m. However novel the lock up on the Prime Minister's aircraft may seem, I must conclude that there has been no breach of our procedures since the actual tabling of the document here at the House of Commons was entirely in keeping with our practice.. [1] Journals, December 1, 2009, p. 1115. [2] Debates, December 2, 2009, p. 7499.
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AI Summary

The Speaker denied a point of order, confirming that a Minister filing a document directly with the Clerk ('back door' tabling) is a procedurally correct alternative to tabling it in the Chamber.

AI Analysis

Holding
"The tabling of a document by a Minister through filing it with the Clerk of the House, also known as 'back door' tabling, is an entirely valid procedure and does not constitute a breach of the rules."
Outcome
Denied
Tone
Educational
Procedural Stage
Routine Proceedings
Significance
Low High