Point of Order
October 23, 1995
Recorded divisions: deferred; Standing Order 45(6)(a) applies on a Thursday
Hon. Gilbert Parent
Speaker of the House
Ruling Text
The Speaker:
This morning the honourable member for Nanaimo—Cowichan rose on a point of order relating to Standing Order 45 and the timing of the deferred vote scheduled for 5:30 p.m. this day.
His argument is that this vote should have been scheduled for 6:30 p.m., pursuant to Standing Order 45(6)(a), when a vote is deferred on a Thursday.
The honourable Parliamentary Secretary to the Government House Leader counter-argued that Standing Order 45(5)(a)(ii) allows the chief government whip to designate another time than the ordinary hour of adjournment so long as he does not set the vote down for a Friday.
I have reviewed the matter and find that the wording of Standing Order 45(6)(a) is very specific. It reads as follows:
A division deferred on Thursday is not held on Friday, but is instead deferred to the next sitting day, at the ordinary hour of daily adjournment.
Because of this very specific wording I can only conclude that the honourable member for Nanaimo—Cowichan has a point. Standing Order 45(6)(a) clearly states what is to happen when a deferral of a division is requested on a Thursday and a Friday.
The honourable Parliamentary Secretary to the Government House Leader did allude to a possible incongruity between the two Standing Orders. He may wish to pursue that aspect with the committee that he so ably chairs.
For now, and until the House changes the wording of the Standing Orders, requests by a single whip, acting alone, for the deferral of a division on a Thursday will be automatically set down at the ordinary hour of adjournment on the next sitting day that is not a Friday.
Postscript Following the Speaker's ruling, the chief government whip rose on a point of order to request that the Chair confirm that the vote would be taken at 5:30 p.m. for that day only and without creating a precedent.
[3]
He added that he and the Reform Party whip had already consulted informally on bringing the matter before the Standing Committee on Procedure and House Affairs. On the basis that three party whips were present and did not object to voting at 5:30 p.m. that day, the Speaker ordered that the vote take place at that time.
P0402-e 35-1 1995-10-23
Edit Metadata
Holding
"Requests by a single whip to defer a division on a Thursday will automatically be set down for the ordinary hour of adjournment on the next sitting day that is not a Friday, as per the specific requirement of Standing Order 45(6)(a)."
AI Summary
The Speaker ruled that the specific Standing Order governing votes deferred on a Thursday takes precedence over the general rule for scheduling deferred votes.
AI Analysis
- Outcome
- Sustained
- Tone
- Educational
- Procedural Stage
- Not specified
- Significance
Low
High