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Point of Order April 10, 1997

Recorded divisions: deferred

Hon. Gilbert Parent

Hon. Gilbert Parent

Speaker of the House

Ruling Text

The Deputy Speaker: I thank members of both sides of this House for their arguments on this point. I have looked at Standing Order 76, cited by the honourable member for Joliette, and considered the wording. Furthermore, I looked at the wording of Standing Order 45 to make a comparison, and I do not believe there is a difference between the English and the French versions of those Standing Orders. It is provided in Standing Order 45(3) that: When, under the provisions of any Standing Order or other order of the House, the Speaker has interrupted any proceeding for the purpose of putting forthwith the question on any business then before the House, the bells to call in the members shall be sounded for not more than fifteen minutes. I interrupted the proceedings at the conclusion of 180 minutes in order to put the question immediately on a matter under discussion in the House, the division bells must have rung for 15 minutes at most. Having done so, I refer the honourable member for Joliette and the Reform Party whip to Standing Order 45(5)(a)(i): Except as provided in sections (3) and (6) of this Standing Order— In other words, where section (3) applies there is no right to defer under Standing Order 45(5). Standing Order 45(5) applies to 30-minute bells, not 15-minute bells. On any 15-minute bell the only hope for deferral lies under Standing Order 45(7). I urge honourable members to have regard to that fact. I did not permit the deferral of the division because I believed it was out of order and I so ruled. P0403-e 35-2 1997-04-10
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AI Summary

The Speaker ruled that a recorded division following a timed debate, which uses a 15-minute bell, cannot be deferred under the Standing Orders.

AI Analysis

Holding
"A recorded division called at the conclusion of a timed debate, which requires a 15-minute bell under Standing Order 45(3), cannot be deferred under the provisions of Standing Order 45(5)."
Outcome
Denied
Tone
Educational
Procedural Stage
Government Orders
Significance
Low High

Cited Authorities