Chapter 9 — Motions

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9.1Introduction and Definition of a Motion

Deliberative bodies such as the Legislative Assembly typically carry out business by way of a proposal for consideration placed before it by one of its Members (see Erskine May, 25th ed., §20.2, p. 430).

“A motion is a proposal made for the purpose of eliciting a decision of the House” (Erskine May, 25th ed., §20.2, p. 430). More specifically, it is “a proposal moved by one Member in accordance with well-established rules that the House do something, order something done or express an opinion with regard to some matter” (House of Commons Procedure and Practice, 3rd ed., p. 536). Indeed, “The moving of and voting on a motion is the basic building block of parliamentary procedure” (House of Representatives (Australia), Guide to Procedures, 6th ed., p. 46).

Motions are the basic building blocks of parliamentary procedure.

For example, motions are used by the Legislative Assembly to introduce and consider bills; to give instructions to the Assembly, its committees and Members; to receive reports from committees; and to declare its opinion or direction on a matter.

Parliamentary procedures and practices govern the consideration of motions. As C.E.S. Franks, an eminent Canadian constitutional scholar, explained:

The rules of procedure determine which motions are admissible, which are not, how they should be worded, who can make them, what sort of notice must be given (the House is not normally caught by surprise), when they will be debated, whether they are voted on or not…what amendments are in order, who (Speaker, government, opposition, or private member) makes the selection of the motion to be debated, and so on. These rules form an intricate framework for the major business of the House. They establish the agenda for parliament’s business. (The Parliament of Canada, p. 119).

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Motions are subject to the Legislative Assembly’s rules of debate, including provisions for limiting debate, outlined in Chapter 7 (Rules of Debate).

9.2Types of Motions

Motions can be divided into two broad classes: substantive and subsidiary motions (see Erskine May, 25th ed., §20.2, p. 430).

9.2.1Substantive Motions

Substantive motions are independent or self-contained proposals. They generally require written notice, as set out in the Standing Orders. Substantive motions requiring notice include:

• Motions to appoint parliamentary committees (with one exception, discussed further in this chapter);
• Government motions on matters of government policy;
• Motions to propose amendments to the Standing Orders;
• Private Members’ motions dealt with during Private Members’ Time; and
• Motions to declare the Legislative Assembly’s opinion on a matter.

Other motions do not require notice, such as:

• The motion for the Address in Reply to the Speech from the Throne;
• The budget motion; and
• Motions for the introduction and first reading of government bills. In current B.C. practice, all government bills are introduced by message and, as a result, do not require notice.

Examples of Substantive Motions

Government Bill — Motion for Introduction and First Reading

That Bill 13, Public Service Amendment Act, 2018, be introduced and read a first time now. (B.C. Hansard, April 10, 2018, p. 3656).

Private Members’ Motion

That this House supports providing assistance to B.C.’s agriculture industry. (B.C. Journals, February 26, 2018, p. 23).

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Motion for the Address in Reply to the Speech from the Throne

We, Her Majesty’s most dutiful and loyal subjects, the Legislative Assembly of British Columbia in Session assembled, beg leave to thank Your Honour for the gracious Speech which Your Honour has addressed to us at the opening of the present Session. (B.C. Journals, February 14, 2018, p. 15).

Motion for Expression of Apology

Be it resolved that this Legislature apologizes for the events of May 23, 1914, when 376 passengers of the Komagata Maru, stationed off Vancouver harbour, were denied entry by Canada. The House deeply regrets that the passengers, who sought refuge in our country and our province, were turned away without benefit of the fair and impartial treatment befitting a society where people of all cultures are welcomed and accepted. (B.C. Journals, May 23, 2008, p. 122).

9.2.2Subsidiary Motions

Subsidiary motions are generally procedurally dependent on another motion, and typically do not require notice. This includes motions dependent on an order of the day (e.g., motions for second or third reading of a bill after its introduction); motions made for the purpose of “superseding” questions, also called dilatory motions (such as motions to adjourn debate or motions to adjourn the House); and motions dependent on other motions (e.g., amendments (deleting or adding words to a motion) or motions to amend motions for the second or third reading of a bill) (see Erskine May, 25th ed., §20.2, p. 430).

Specific types of motions and the process for their consideration are examined in more detail in this chapter. Additional information on the refinements of motions can be found in Erskine May, 25th ed., §§20.2-20.43, pp. 430-52; House of Commons Procedure and Practice, 3rd ed., pp. 538-54; and Beauchesne, 6th ed., §§559-594, pp. 173-9.

Examples of Subsidiary Motions

Motion for the Second Reading of a Government Bill

That Bill 13, the Public Service Amendment Act, 2018, be read a second time now. (B.C. Journals, April 12, 2018, p. 50; see also B.C. Hansard, April 12, 2018, p. 3797).

Amendment to the Motion for the Second Reading of a Government Bill

That the motion for second reading of Bill (No. 6) intituled Electoral Reform Referendum 2018 Act be amended by deleting the word “now” and substituting “six months hence.” (B.C. Journals, November 27, 2017, p. 72).

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Amendment to a Bill

I move the second amendment to section 64 standing in my name on the Orders of the Day.

SECTION 64 (6), by deleting the text shown as struck out and adding the underlined text as shown:

(6) Unless relief is granted by a court on an application under this section, if the chief electoral officer gives notice under subsection (5) of this section, the organization or individual must pay to the chief electorelectoralofficer a penalty of up to double the amount of the political contribution , as determined by the chief electoral officer. (B.C. Hansard, November 22, 2017, p. 2216).

Motion to Proceed to the Orders of the Day

That the House proceed to “Orders of the Day.” (B.C. Journals, April 9, 1976, p. 49).

Motion that a Member Be Now Heard

That the honourable second member for Vancouver–Burrard be now heard. (B.C. Journals, February 5, 1968, pp. 30-1).

9.3Form, Content and General Process

House of Commons Procedure and Practice notes:

A motion must be drafted in such a way that, should it be adopted by the House, “it may at once become the resolution…or order which it purports to be”. For example, it is usual for the text of a motion to begin with the word “That.” (3rd ed., p. 537).

In this context, a motion is a self-contained proposal capable of expressing a decision of the Legislative Assembly. A motion should neither be argumentative nor in the style of a speech, nor should it contain unnecessary provisions. It is usually expressed in the affirmative, even where its purpose and effect are negative (see Beauchesne, 6th ed., §559, §565, pp. 173-4).

The Legislative Assembly’s Standing Orders set out the wording of certain motions, such as the motion for the consideration of the provincial budget (budget motion) in Standing Order 50, “‘That the Speaker do now leave the Chair’ for the House to go into Committee of Supply.” A group of subsidiary motions known as “dilatory motions,” including motions to postpone or adjourn a debate and to adjourn a sitting of the Assembly, also have prescribed wording and are considered in more detail later in this chapter.

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More generally, the procedures and practices which apply to the content of debate also apply to notices and motions. For example, they should not contain unparliamentary language or refer to matters already before the Legislative Assembly or to sub judice matters. The sub judice convention is further outlined in Chapter 7 (Rules of Debate).

Typically, “The inclusion of facts or supporting matter in the notice is limited to essentials…the proper place to argue the case for the motion is in the subsequent debate, not in the motion itself” (Parliamentary Practice in New Zealand, 4th ed., p. 207).

The Speaker is responsible for deciding questions of order and practice, pursuant to Standing Order 9. This includes the requirement for notice, where applicable, and the absence of objectionable or irregular wording. In B.C. practice, like in other jurisdictions, “Any part of a motion found out of order will render the whole motion out of order” (House of Commons Procedure and Practice, 3rd ed., p. 565).

Notices of motion and motions that do not meet the Legislative Assembly’s rules, procedures and practices are subject to amendment as to form by the Speaker. In B.C., the practice is for the Clerks at the Table to consult with the Member whose motion does not conform with Assembly rules, procedures and practices for the purpose of correcting any technical error in wording in order to make it conform procedurally to the rules and practices of the Assembly. The Houses of Commons of the U.K. and Canada have parallel practices (see Erskine May, 25th ed., §20.16, pp. 437-8; House of Commons Procedure and Practice, 3rd ed., pp. 556-7).

Members are encouraged to consult the Clerks at the Table or the Office of the Clerk to obtain guidance on matters of form, timing and content and practices for motions being brought forward for the Legislative Assembly’s consideration.

Tips for form and content of motions

• Worded to become a decision of the Legislative Assembly
• Single issue
• No unparliamentary language
• Not argumentative
• No unnecessary provisions — e.g., preambles are not permitted
• Consult the Clerks at the Table or the Office of the Clerk to check and ensure consistency with rules

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9.3.1Preambles Not Permitted

Preambles to motions are not permitted in usual B.C. practice. An exception was allowed by Speaker Brewin in 1998 on the form for a motion on Canadian unity. The Speaker noted that the motion, including a preamble, was based on a 1997 Premiers’ conference and the report of the B.C. Unity Panel of legislators and citizens, and also had the support of the government and the Official Opposition (see B.C. Journals, May 19, 1998, pp. 70-1).

9.3.2Severing of Motions

To facilitate decision-making, a motion should propose a single question for the consideration of Members, although related matters may be grouped together.

The general rule is that the Legislative Assembly may permit the division or severing of a motion which contains two or more distinct propositions to permit a separate vote on each proposition. In order to qualify, each proposition must be able to stand on its own. In B.C., Speakers have ruled that “the Speaker may, on the application of a Member, divide a motion containing two distinct and separate propositions…” (see decision of Speaker Barnes, B.C. Journals, July 10, 1995, pp. 152-3; see also decision of Speaker Brewin, B.C. Journals, April 2, 2000, p. 19).

In B.C., this principle has been held to not be applicable to the division of bills. In this regard, a decision of Speaker Hartley reiterated a July 10, 1995, decision by Speaker Barnes and a similar ruling of the Speaker of the Canadian House of Commons that, while the Speaker may, on the application of a Member, divide a motion containing distinct propositions, it is the Assembly, and not the Speaker, that must determine the content and form of bills (see B.C. Journals, April 2, 2000, p. 19; July 10, 1995, pp. 152-3).

9.3.3General Process for Considering a Motion

The Legislative Assembly has detailed processes and procedures for the orderly consideration of a motion in order to decide whether a majority supports the motion.

The process for motions typically involves notice (if required by the Standing Orders); the sponsoring Member moving the motion; Members debating the motion (if permitted and if Members wish to do so); the moving of amendments and subamendments that are debated and voted on (if permitted and if Members wish to do so); the Speaker putting the question on the motion (as/if amended); and the Legislative Assembly taking a decision on the motion (see Erskine May, 25th ed., §20.1, p. 429; House of Commons Procedure and Practice, 3rd ed., pp. 536-9). The process by which the Assembly makes decisions is outlined in Chapter 8 (Voting and Divisions).

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Figure 9-1: Overview of Motions Called for Debate

The next sections of this chapter outline the procedures and practices for considering motions in each of these stages.

9.4Notice of Motion

Notice of a motion enables interested Members to anticipate the consideration of a motion in an informed manner. Notice supports fairness and the orderly conduct of business in a context of limited parliamentary time.

The requirement for two days’ notice to bring certain matters forward for the Legislative Assembly’s consideration is not exactly 48 consecutive hours, but refers instead to the publication of notice in the Orders of the Day (the Order Paper) after it has been published in the Votes and Proceedings on two consecutive days. The notice of motion continues to be published in the Orders of the Day until the motion is disposed of by the Legislative Assembly, or until the end of a Session.

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STANDING ORDER 48

(1) Two days’ notice shall be given of a motion to present a Bill, resolution or address, for the appointment of any Committee, for the putting of a written question and for the suspension of Standing Orders, but this rule shall not apply to Bills after their introduction, or to Private Bills, or to the times of the meeting or adjournment of the House, or to a motion to proceed to the Orders of the Day. Such notice to be laid on the Table before adjournment and to be printed in the Votes and Proceedings of that day.

(2) Two days’ notice shall be given of a motion to amend the motion on the Address in Reply to the Speech from the Throne, and the motion, “That the Speaker do now leave the Chair” for the House to go into Committee of Supply. Notice shall not be required for a subamendment.

In general, notice is required for substantive motions, while subsidiary motions do not require notice. Standing Order 48 provides for two days’ notice for the following substantive motions: to present a Private Member’s bill, resolution or address; to appoint a parliamentary committee; to put a written question; and to suspend the Standing Orders. In B.C. practice, like that of the U.K. and Canadian Houses of Commons, motions of instructions to a parliamentary committee require notice. With respect to notice of a motion to suspend a Standing Order, once notice has been given, such a motion is like any other motion and only requires a majority of votes for its passage (see Erskine May, 25th ed., §38.12, pp. 806-7; House of Commons Procedure and Practice, 3rd ed., p. 555; see also B.C. Journals, March 28, 1888, pp. 68, 71).

Changes to the Standing Orders adopted in 1985 incorporated two days’ notice for amendments to the motion on the Address in Reply to the Speech from the Throne and the budget motion “‘That the Speaker do now leave the Chair’ for the House to go into Committee of Supply,” which are traditionally matters of confidence (i.e., an opportunity for the Legislative Assembly to express its confidence in the government), and settled the rule that subamendments do not require notice. The ordinary rules of debate apply to amendments to the budget and Address in Reply motions, although, in keeping with the wide-ranging nature of the debates, more latitude is allowed for the content of amendments.

In practical terms, a notice of motion must contain the terms of the motion or, in the case of motions respecting a Private Member’s bill, the full title of the bill. A written notice of motion must be given by a Member to a Clerk at the Table while the Legislative Assembly is sitting and before the Assembly adjourns. The notice will then be printed in the Votes and Proceedings of that day and the following sitting day. Templates to assist Members and their staff with the preparation of notices and motions are available from the Office of the Clerk.

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9.4.1Motions Moved Without Notice

The Standing Orders and practices may permit certain motions to be moved without notice. For example, notice is not required under Standing Order 46 (closure) or Standing Order 20 (suspension of a Member). In addition, notice is not required for a motion arising out of a question of privilege (see Erskine May, 25th ed., §20.6, pp. 431-2); a motion to defer a division (Standing Order 16(4)); a motion to refer a vote in the Estimates to a select standing committee (Standing Order 60A); a motion to refer a bill to a parliamentary committee (Standing Order 78A); or a motion to appoint a Committee of Selection at the opening of a new Session (Standing Order 68(1)).

In B.C. practice, the motion on the Address in Reply to the Speech from the Throne is moved without notice, as in the Canadian House of Commons (see House of Commons Procedure and Practice, 3rd ed., p. 684). The budget motion is also moved without notice.

9.4.1.1Motions Moved on Opening Day

Historically, the practice in the Legislative Assembly has been for certain motions to be moved without notice following the Speech from the Throne on Opening Day. These motions include the introduction and first reading of the pro forma bill (a government bill introduced without message that perpetuates a historic parliamentary tradition, further outlined in Chapter 10 (Legislative Process)); the motions appointing the Deputy Speaker, Assistant Deputy Speaker, and Deputy Chairperson of the Committee of the Whole; and the motion authorizing the publication of the Votes and Proceedings (see B.C. Journals, February 13, 2018, pp. 11-2).

9.4.2Waiving Notice by Unanimous Consent

STANDING ORDER 49

A motion may be made by unanimous consent of the House without previous notice having been given under Standing Order 48.

The Legislative Assembly has an inherent constitutional right to regulate its own proceedings, which is a recognized parliamentary privilege, further outlined in Chapter 17 (Parliamentary Privilege). The Assembly may decide to suspend the rules for notice by unanimous consent, commonly referred to as “leave.” Standing Order 49 explicitly provides for such waivers by unanimous consent. This rule has been part of the Assembly’s procedures since its inception. The objection of a single Member present can prevent unanimous consent to proceed without the required notice (see Erskine May, 25th ed., §20.7, pp. 432-3). When unanimous consent is provided, the Votes and Proceedings record the Assembly’s granting of leave to move the motion without the required notice.

The House of Commons of Canada abolished a similar rule in 1982 and now waives notice in certain cases. Beauchesne notes: “Within the ambit of its own rules, the House 204 itself may proceed as it chooses; it is a common practice for the House to ignore its own rules by unanimous consent” (6th ed., §18, p. 7).

The U.K. House of Commons shares the current practice of the Canadian House of Commons with respect to reliance on its general authority over procedural matters: “The House can waive the requirement of notice for a substantive motion if the motion is moved under the sanction of the Chair and with the concurrence of the House” (Erskine May, 25th ed., §20.7, p. 432).

Modern interpretations of parliamentary privilege and the experience of the Canadian and U.K. Houses of Commons suggests that Standing Order 49 may not be strictly necessary, given the Legislative Assembly’s general authority under constitutional provisions and practice.

9.4.2.1Standing Order 49 Not Available for Application Under Standing Order 35 (Matters of Urgent Public Importance)

The Speaker has ruled that a motion under Standing Order 49 is not available to Members on a Standing Order 35 matter (urgent public importance). That is, Standing Order 35 applications by Members must be decided by the Speaker and may not proceed with leave (see decision of Speaker Davidson, B.C. Journals, September 15, 1982, pp. 269-70). Standing Order 35 and related commentary are covered in Chapter 5 (Sitting Days and Business).

9.4.2.2Standing Order 49 and Routine Business

In a 1998 decision, Speaker Brewin reaffirmed a 1982 ruling by Speaker Davidson that a Private Member is not entitled to ask for unanimous consent to move a motion without notice unless the Legislative Assembly is engaged in the business of “motions on notice” during time set aside for Routine Business (see B.C. Journals, December 8, 1998, p. 183).

In the 1982 ruling, Speaker Davidson pointed to (B.C. Journals, April 29, 1982, pp. 64-6):

…the problem which arises when honourable members, at random times, rise in their place and seek “leave to move a motion,” apparently based on the assumption that at any time they are so entitled…. This cannot be the case if the House is to proceed with its business in an orderly manner and, therefore, there are limitations in place on when such leave may properly be sought.

He further noted:

Standing Order 49, which reads, “A motion may be made by unanimous consent of the House without previous notice having been given under Standing Order 48”, contemplates motions of a substantive nature and should only be invoked when the House is then engaged in the business of “motions and adjourned debates on motions” as designated on the Order Paper under Standing Order 25 (Routine Business).

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9.4.2.3Latitude for the Government House Leader

In the above-noted 1982 decision, Speaker Davidson said the Government House Leader has considerably more latitude as the Member responsible for the arrangement and prioritization of business to be considered by the Legislative Assembly. However, the Speaker found that neither the Government House Leader “nor any other member has retained the right, as existed under more ancient practice, of giving an oral notice of motion” (B.C. Journals, April 29, 1982, p. 65).

In the 1998 decision, Speaker Brewin observed that the Government House Leader’s request to permit a Member to continue a speech beyond the time under the Standing Orders was “In effect…asking leave to suspend the Standing Orders without notice, presumably under the authority of Standing Order 49.” The Government House Leader noted that “the Official Opposition…had no objection…. It was clearly the will of the House, on an initiative taken by the Government House Leader.” Accordingly, Speaker Brewin ruled that the request was permitted and noted that “whenever the House proceeds by way of unanimous consent, that procedure does not constitute a precedent” (B.C. Journals, December 8, 1998, pp. 183-4).

9.5Debatable Motions

Most motions considered by the Legislative Assembly are subject to debate. Standing Order 45 sets out which motions are debatable and which are not.

STANDING ORDER 45

(1) The following motions are debatable: Every motion —

(a) On Orders of the Day except Government notices of motion for the House to go into Committee at a later date;

(b) For the concurrence in a report of a Standing or Special Committee;

(c) For the rescinding of a previous vote;

(d) For the second reading of a Bill;

(e) For the third reading of a Bill;

(f) For the adjournment of the House when made for the purpose of discussing a definite matter of urgent public importance;

(g) For the adoption in Committee of the Whole, or of Supply, of the resolution, clause, section, preamble, or title under consideration;

(h) For the appointment of a Committee;

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(i) For reference to a Committee of a report or any return laid on the Table of the House;

(j) For the suspension of any Standing Order;

(k) And such other motion, made upon routine proceedings, as may be required for the observance of the proprieties of the House, the maintenance of its authority, the appointment or conduct of its officers, the management of its business, the arrangement of its proceedings, the correctness of its records, the fixing of its sitting-days, or the times of its meeting or adjournment.

(2) All other motions, including adjournment motions, shall be decided without debate or amendment.

9.5.1Motions to Adjourn a Sitting — Standing Order 45(2)

Routine motions to adjourn a sitting of the Legislative Assembly are moved by the Government House Leader or a Minister acting on behalf of the Government House Leader. Routine adjournment motions adjourn sittings to the time prescribed in Standing Orders 2 and 3 or any Sessional or Special Orders that affect the times set out in Standing Orders 2 and 3.

9.5.2Motions to Adjourn a Sitting — Standing Order 45(1)(k)

Notwithstanding Standing Order 45(2), a motion to schedule the next sitting of the Legislative Assembly at a time or on a day other than the next ordinary time or day as provided for in the Standing Orders (or a Sessional or Special Order) is debatable, pursuant to Standing Order 45(1)(k). The scope of debate on such a motion is limited strictly to the arguments for and against the proposed sitting time or date.

Speaker Brown of the U.K. House of Commons ruled that, on such motions (House of Commons (U.K.) Hansard, June 30, 1944, vol. 401, cc. 939-40),

…no amendments may be moved except to substitute an alternative date, and no matter may be raised in debate except the reasons in favour of such alternative date. In particular, it is out of order to discuss the merits of any matter which a Member wishes to be able to debate, as a result of the House meeting on an earlier day. Short of this, a Member is entitled to give reasons briefly, to show why the matter he wants discussed is of such urgency that the House should meet earlier to debate it. It seemed to me…that the argument he was entering upon would have had the result of turning the motion for the adjournment into a debate on the motion on the [Order] Paper, and that would have been quite out of order.

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Debate on motions moved under Standing Order 45(1)(k) to adjourn a sitting are subject to certain restrictions, and the following matters are not permitted to be raised in debate on such motions (see Erskine May, 25th ed., §19.44, pp. 426-7):

1. Motions or orders of the day which appear on the Orders of the Day.

2. Details on matters that would entail legislation.

3. Matters for which the government has no administrative responsibility.

4. Matters which, under existing rules, require a substantive motion under notice.

5. Matters which have already been discussed during the same sitting.

9.5.3Motions to Concur in a Report of a Parliamentary Committee — Standing Order 45(1)(b)

With respect to Standing Order 45(1)(b), debate need not take place on a parliamentary committee report which does not contain resolutions, recommendations or other propositions for consideration by the Legislative Assembly. Reports of parliamentary committees containing only statements of fact may simply be presented for the information of Members and presented to the Assembly without a motion moved to adopt the report (see Beauchesne, 4th ed., §325(1), p. 252).

Generally, reports of parliamentary committees containing any recommendations, opinions, resolutions or other propositions require the Legislative Assembly’s concurrence in order to have the views of the committee adopted as an expression of the formal opinion of the Assembly collectively (see Bourinot, 4th ed., pp. 477-8). If concurrence in a report of a committee is desired, the motion moved is to adopt the report, which is debatable, pursuant to Standing Order 45(1)(b).

Further information on reports of parliamentary committees is outlined in Chapter 14 (Parliamentary Committees).

9.6Moving a Motion

A motion is proposed to the Legislative Assembly by any Member, who may be known as its “sponsor.” This formally puts the question contained within it before the Assembly for consideration.

In practical terms, the Speaker calls on a Member in whose name the motion stands, who moves the motion, proposing it to the Legislative Assembly. For example, in the case of a motion for the second reading of a government bill, at Orders of the Day, the Government House Leader will rise and identify the bill to be debated, and the Speaker will then recognize the Minister who will move the motion for second reading. During 208 Private Members’ Time on Monday mornings, the practice has been for the second hour to be dedicated to the consideration of a Private Member’s motion. In such cases, the Member in whose name the motion stands on the Order Paper is invited to move the motion. If that Private Member is absent, unanimous consent is required to enable another Private Member to move the motion.

The moving of a motion by the sponsoring Member formally puts the question that it contains before the Legislative Assembly for consideration.

If the motion is a debatable one, the Member moving it would read the motion and thereafter make any comments that they may have on the motion. Once the available time has expired or the Member takes their seat after moving the motion, the Member’s right to speak to the motion concludes. The mover of a substantive motion has a second and final opportunity to make comments in conjunction with closing debate on the motion, pursuant to Standing Order 42(2).

9.6.1Motions to Be Signed

STANDING ORDER 50

All motions, except the motion to adjourn and the closure motion, shall be in writing and signed by the mover before being debated or put from the Chair. Upon the motion being moved, it shall be read aloud by the Speaker before debate. No motion or amendment requires second­ing before the question thereon is proposed from the Chair except:

(a) the motion for an Address in Reply to the Speech from the Throne and any amendment thereto;

(b) the motion “That the Speaker do now leave the Chair” for the House to go into Committee of Supply, and any amendment thereto.

The requirement in Standing Order 50 that motions be provided in writing and signed prevents the unauthorized use of Members’ names. It also ensures that the text of a motion is the same as the text moved by the Member. Under this rule, “All motions, except the motion to adjourn and the closure motion, shall be in writing and signed by the mover before being debated or put” by the Speaker. This requirement applies to amendments and subamendments. All motions, with the two exceptions included in Standing Order 50, must be signed before they are submitted to a Clerk at the Table.

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9.6.2Seconder

Until 1973, the Standing Orders required all motions to be seconded. Under the current Standing Orders, only amendments to the motion for the Address in Reply to the Speech from the Throne and the budget motion must be seconded and signed by both the mover and the seconder (Standing Order 50). As background, the former rule requiring a seconder for all motions was intended to prevent a motion being launched without support of at least one Member other than that of the mover, although this does not preclude a Member from voting against their own motion.

9.6.3Who May Move

In B.C., the Government House Leader calls government business for debate and typically moves motions that manage the proceedings and business of the Legislative Assembly. This include motions that pertain to the administrative affairs of the Assembly (see B.C. Votes and Proceedings, May 16, 2019, pp. 1-2; B.C. Journals, November 22, 2018, p. 153; November 20, 2018, p. 148). Individual Ministers typically move motions respecting bills and other business for which they are responsible, while Private Members move motions during Private Members’ Time on Monday mornings.

9.6.3.1Who May Move — Government Motions

Notices of government motions are listed after the two days’ notice period in the Order Paper in Schedule A (government motions) under “Motions on Notice.” A government motion may be moved by any Minister under “the constitutional practice which permits Ministers to act for each other on the grounds of the collective responsibility of the Government” (Erskine May, 25th ed., §20.18, p. 440). The notices remain on the Order Paper for the duration of a Session until dealt with or withdrawn.

9.6.3.2Who May Move — Private Members’ Motions

Private Members’ Motions on Notice are listed in the Order Paper in Schedule D (Private Members’ Time). As noted previously, in practice, Private Members’ motions are typically considered during the second hour of time set aside on Monday mornings for Private Members’ Time. A Private Member’s motion can only be moved by the Member in whose name it stands, unless unanimous consent has been given for another Member to move the motion “on behalf of” the Member (see B.C. Journals, October 15, 2018, p. 109).

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9.6.4Motions Negatived in Committee of the Whole Made Again in the Legislative Assembly

STANDING ORDER 52

A motion negatived in Committee of the Whole may be made again in the House.

Standing Order 52 prevents the application of Standing Order 54 (which precludes motions on the same question being made twice in a Session) to proceedings which might subsequently arise in the Legislative Assembly. As the proceedings in a Committee of the Whole are distinct from the proceedings in the Legislative Assembly, a motion negatived in a Committee of the Whole may be moved again in the Assembly.

9.6.5Motion to Refer a Bill, Resolution or Other Question to a Committee

Standing Order 53 provides that a motion to refer a bill, resolution or other question to a Committee of the Whole or a parliamentary committee cannot be amended.

The House of Commons of Canada has a similar rule. A 1969 decision of the Speaker of the House of Commons found that an amendment to a motion to refer a document to a parliamentary committee for study was out of order based on this rule, stating that it is difficult “to rule in any other way except that the amendment should not be put to the House.” In making this ruling, the Speaker suggested that an amendment which was relevant and which would not have the effect of amending the main motion itself might be considered, although no specific example was provided of such an amendment which might be consistent with the rule (see decision of Speaker Lamoureux, House of Commons (Canada) Journals, November 28, 1969, pp. 137-8).

In two B.C. cases, in 1970 and 1971, amendments to instructions to a parliamentary committee were found by the Speaker to be out of order on the basis that proper notice had not been given (see B.C. Journals, February 9, 1971, p. 43; February 17, 1970, p. 54). However, these rulings may not have considered the effect of Standing Order 53, as noted in a subsequent Speaker’s decision. In 1997, Speaker Lovick ruled that a motion to amend instructions to a committee requires notice, citing previous cases, and asked if there was leave to allow the amendment to be moved, which was not granted (see B.C. Journals, June 24, 1997, p. 112). This decision reinforces the 1970 and 1971 decisions 211 that amendments to instructions to a parliamentary committee require notice, although the 1997 ruling may also not have considered the effect of Standing Order 53.

9.6.6Matters Already Decided in a Session

Standing Order 54 expresses an established parliamentary rule that a motion or an amendment which is substantially the same as a question already decided may not be brought forward again in the same Session (see Beauchesne, 6th ed., §566(7), p. 175; Erskine May, 25th ed., §20.12, p. 435). Otherwise, the same question could be proposed again and again, with the possibility of contradictory decisions being made by the Legislative Assembly in the same Session. The same rule applies to legislation. Likewise, a motion dealing with the same subject matter as a bill standing on the Orders of the Day cannot be considered. Mere verbal alterations without any substantial change in the object are not sufficient to evade this rule. Its application is a matter for the judgment of the Speaker.

A motion or bill which is substantially the same as a question which has been decided may not be brought forward again in the same Session.

This rule applies equally to amendments as to main motions and likewise to votes in Committees of the Whole (although, under Standing Order 52, a motion negatived in a Committee of the Whole may be made again in the Legislative Assembly).

A question may be raised again if it has not been definitely decided. Thus, a motion or amendment which has been withdrawn or not voted on for some other reason may be repeated.

The problem which often arises under this Standing Order is determining whether or not the motion in question is “substantially” the same as the one on which the Legislative Assembly has already expressed an opinion, as illustrated in the following precedents from the Canadian and U.K. Houses of Commons and the Legislative Assembly.

A 2006 decision by the Speaker of the House of Commons of Canada found that, except for minor differences and the sums of the fines imposed, two Private Members’ bills introduced in the same Session were identical in terms of their legislative and procedural impact, and achieved their objectives through the same means. Accordingly, the bill 212 introduced at the later date was ruled out of order (see decision of Speaker Milliken, House of Commons (Canada) Hansard, November 7, 2006, pp. 4785-6).

In the U.K. House of Commons, a motion for leave to introduce a bill in the same Session with the same purpose (women’s enfranchisement) as a bill that had been defeated at second reading was ruled out of order (see House of Commons (U.K.) Hansard, May 21, 1912, vol. 38, cc. 1754-7).

In B.C., Speakers have ruled numerous bills and motions out of order because they raised matters substantially the same as those already decided in a Session. In 1930, citing previous Legislative Assembly decisions and Canadian and U.K. procedural authorities, the Speaker ruled that a public bill on chiropractors and drugless practitioners was out of order because it was substantially the same as a private bill reported on adversely by the Select Standing Committee on Standing Orders and Private Bills (see B.C. Journals, March 19, 1930, p. 167). In 1931, a bill on the fruit and vegetable industry which had been ruled as irregular could not be reintroduced (see B.C. Journals, March 30, 1931, p. 140). In 1961, an amendment to the motion for the Address in Reply to the Speech from the Throne was ruled out of order because it was repetitious of a previously proposed amendment upon which the Assembly had decided (see B.C. Journals, January 30, 1961, p. 15).

9.6.6.1Matters Decided Within Committee of the Whole

In 1884, the Chair of a Committee of the Whole sought a ruling from the Speaker regarding a new clause in a bill proposed in Committee — after the Committee had negatived the same proposal. The Speaker later affirmed that the rule for matters already decided in a Session applied to decisions within a Committee of the Whole, and, accordingly, the new clause was out of order (see B.C. Journals, January 17, 1884, p. 36).

9.6.7Withdrawal

Following the required notice period, until a motion is moved, it is not considered to be in the possession of the Legislative Assembly. If not moved, the sponsoring Member may withdraw it without leave under Standing Order 51(2). In B.C., the practice is to request its withdrawal in writing to the Clerks at the Table (see example in B.C. Votes and Proceedings, October 7, 2019, p. 4).

Standing Order 51(1) reflects the parliamentary rule that a motion is in the possession of the Legislative Assembly once it has been duly moved (and, where necessary, seconded), thereby formally introduced to the Assembly for consideration. If leave is not given, the motion cannot be withdrawn, and the question must be put at the end of the debate, even if the Member(s) who refused to give leave on the original request withdraw(s) their objections. Any motion withdrawn by consent may be proposed again at a later date (see Erskine May, 25th ed., §20.22, pp. 441-2; House of Commons Procedure and Practice, 3rd ed., p. 569).

Amendments are handled in the same way, although neither a motion nor an amendment may be withdrawn in the absence of the Member who moved it, except that a Minister may act for another Minister for this purpose. When an amendment is before the Legislative Assembly, the main motion cannot be withdrawn or dealt with until the amendment is disposed of (see Beauchesne, 6th ed., §587, p. 178; Erskine May, 25th ed., §20.22, pp. 441-2).

9.6.8Rescinding or Discharging a Decision

Standing Order 54 recognizes that the general rule on matters already decided is subject to the Legislative Assembly’s discretion. For example, in exceptional cases, new information or changing circumstances may lead the Assembly to revisit a decision. In such situations, the Assembly may decide to rescind a resolution or to discharge an order of the House in a motion to that effect. House of Commons Procedure and Practice explains:

Beauchesne further notes: “Technically indeed, the rescinding of a vote is the matter of a new question; the form being to read the resolution of the House and to move that it be rescinded; and thus the same question which had been resolved in the affirmative is not again offered, although its effect is annulled” (6th ed., §592(2), p. 179).

The method for rescinding an affirmative vote or discharging an order of the Legislative Assembly has certain limitations as to form. Standing Order 45(1)(c) provides that motions are debatable “For the rescinding of a previous vote.” B.C. follows the U.K. practice with respect to various prescribed forms in this area in order to provide that (see Erskine May, 25th ed., §§20.101-20.104, pp. 478-80):

1. an order must be discharged;

2. a Standing Order must be repealed;

3. proceedings must be declared null and void; and

4. resolutions must be rescinded.

The House of Commons of Canada uses similar forms for a motion to rescind a resolution or discharge an order. The rescinding of a resolution or the discharging of an order is the indispensable preliminary step to making a different order with regard to the same subject: “…if the original resolution or order is in fact rescinded or discharged, the way is then clear for the House to make a second decision on the same question” (House of Commons Procedure and Practice, 3rd ed., pp. 590-1).

The power of rescission has been used sparingly in B.C. and other jurisdictions, and only in relation to a substantive motion. Erskine May notes:

The wording of the last part of Standing Order 54 and practice in the U.K. House of Commons point to the conclusion that an “affirmative” order may be rescinded, while a “negative” order is particularly difficult to rescind.

In the past, on occasion, subsequent to a bill having been adopted at third reading, the proceedings relating to the third reading of the bill have been declared null and void, and the bill referred back to a Committee of the Whole with instructions in order to correct an error or omission. Such motions are made without notice and are debatable, pursuant to Standing Order 45(1)(c) (see B.C. Journals, June 27, 1980, p. 171; June 20, 1980, p. 147; May 14, 1980, p. 103).

In an unusual case in B.C. where a bill was adopted at third reading and, on reflection, found to be inconsistent with the wishes of Members, legislation was adopted to repeal the bill. In this regard, the Legislative Assembly passed the Legislative Assembly Statutes Amendment Act, 2005 on November 17, 2005, respecting Members’ compensation, and four days later (at which time the earlier legislation had not received Royal Assent), the Legislative Assembly Statutes Amendment Act, 2005 Repeal Act (S.B.C. 2005, c. 34) was adopted, repealing the earlier legislation. However, there are other alternatives available to the Legislative Assembly, such as recommitting the bill pursuant to Standing Order 86 and not proceeding with it further thereafter.

9.7Amendments to a Motion

Standing Order 55 provides that when a question is under debate, no other motion may be received except a motion to amend it or motions called “dilatory motions,” to postpone the question, to proceed to Orders of the Day, to proceed to another order, to adjourn the debate or to adjourn the Legislative Assembly. This section considers amendments, followed by a separate section on dilatory motions.

Amendments must be submitted in writing, and most do not require notice.

An amendment is a subsidiary motion moved in the course of debate on another motion. Amendments must be submitted in writing and do not require notice (except for amendments to the motion for the Address in Reply to the Speech from the Throne and the budget motion, which also require a seconder). House of Commons Procedure and Practice explains:

In summary, with reference to amendments, the rule is clear that only two amendments to a question (i.e., one amendment, one subamendment) can be proposed at the same time. In other words, any number of amendments can be proposed to a question, but until one proposed amendment (and subamendment, if applicable) is disposed of, further amendments are out of order. If defeated, debate on the original motion resumes, barring other amendments.

A Member may not amend their own motion. Beauchesne notes:

9.7.1Form and Content of Amendments

An amendment must be relevant to the motion it seeks to amend. It must not stray from the main motion but must aim to refine its meaning and intent. It “should be framed so that, if agreed to, it will leave the main motion intelligible and internally consistent” (House of Commons Procedure and Practice, 3rd ed., p. 541).

In this context, an amendment should take the form of a motion to leave out certain words in order to add other words; leave out certain words; or insert or add other words to the main motion.

With respect to the object of these three forms and debate, Erskine May indicates:

While the following list is not exhaustive, amendments will be out of order if they are inconsistent with the prohibitions relative to general debate outlined in Standing Order 40 or if they:

1. deal with matters already decided upon in the same Session, as noted previously;

2. contain any part which is out of order;

3. deal with a matter before the courts (the sub judice convention);

4. propose to leave out all words of a question;

5. amount to an expanded negative (e.g., it is completely contrary to the main motion and would produce the same result as the defeat of the main motion);

6. are irrelevant to the main motion (i.e., they deal with a matter foreign to the main motion, exceed its scope, or introduce a new proposition which should properly be the subject of a separate substantive motion with notice);

7. purport to amend a motion to “proceed to the Orders of the Day” (Standing Order 33);

8. purport to give the “six months’ hoist” to delay consideration for six months to a motion for direct adoption (as it applies only to readings of bills or other proceedings which take place on an appointed date); or

9. purport to approve part of a motion and disapprove the remainder (see House of Commons Procedure and Practice, 3rd ed., pp. 541-2; Erskine May, 25th ed., §20.37, p. 449; §20.39, p. 450).

In the U.K. House of Commons, amendments to a motion for the adjournment of the House or the debate are out of order (see Erskine May, 25th ed., §20.41, p. 450).

The general rule is that no matter ought to be raised in debate on a question which would be irrelevant if moved as an amendment, and an amendment cannot be used for importing arguments which would be irrelevant to the main question (see Erskine May, 25th ed., §20.37, p. 449).

An amendment (or motion) in the possession of the Legislative Assembly, having been moved (and seconded, where applicable), may be withdrawn only by the Member having moved it and with the unanimous consent of the Assembly. The same principle is applicable in committee (see Erskine May, 25th ed., §28.101, pp. 679-80).

Members may wish to consult with the Clerks at the Table or the Office of the Clerk to ensure that their proposed motion does not include any technical error in wording and is consistent with Legislative Assembly rules, procedures and practices. The Speaker ultimately has authority under Standing Order 9 to decide questions of order and practice, including the admissibility of any amendment or subamendment.

9.7.2Subamendments

Most procedural requirements for amendments apply to subamendments. House of Commons Procedure and Practice notes:

9.8Dilatory Motions

A dilatory motion is a subsidiary motion with prescribed wording which is dependent on a main motion already before the Legislative Assembly. It can have the purpose of superseding or replacing further discussion of the main motion by setting it aside either for the time being or permanently. A dilatory motion is moved without notice and does not require a seconder.

Dilatory motions include motions to proceed to the Orders of the Day, to proceed to another order of business, to postpone or adjourn a debate and to adjourn the House (the sitting of the Legislative Assembly). There are certain restrictions on the use of such motions, outlined further in this chapter.

Although dilatory motions are most often “moved for the express purpose of causing delay, they may also be used to advance the business of the House” (House of Commons Procedure and Practice, 3rd ed., p. 547).

Dilatory motions can be moved only by a Member who has been recognized by the Speaker in the regular course of debate and not on a point of order (see House of Commons Procedure and Practice, 3rd ed., p. 543).

The wording of Standing Order 55 does not in any way restrict the historic latitude of the Government House Leader to call items of business normally within their prerogative (see decision of Speaker Barnes, B.C. Journals, May 23, 1995, pp. 61-2).

Amendments at second and third reading stage of bills (the hoist amendment, the reasoned amendment and referral of the subject matter of a bill to committee), which usually are moved with the intent of delaying the progress of a bill, are outlined in Chapter 10 (Legislative Process).

9.8.1Motions to Proceed to the Orders of the Day

At the call of the Chair, or at the call for “Orders of the Day,” the Government House Leader calls the business on which the Legislative Assembly will embark. In rare circumstances, a motion to proceed to the Orders of the Day, if adopted, supersedes whatever is then before the Legislative Assembly and causes the Assembly to proceed immediately to the Orders of the Day, skipping over any intervening matters on the Order Paper. If the motion to proceed to the Orders of the Day is defeated, the Assembly continues with the business before it at the time the motion was moved (see House of Commons Procedure and Practice, 3rd ed., p. 548).

Standing Order 33 is further addressed in Chapter 5 (Sitting Days and Business).

9.8.2Motions to Proceed to Another Order of Business

A motion “That the House proceed to (name of another order),” if adopted, supersedes the business then before the Legislative Assembly. The Assembly proceeds immediately to the consideration of the order named in the motion. If the motion is defeated, debate on the main question before the Assembly continues (see House of Commons Procedure and Practice, 3rd ed., p. 548; see also B.C. Journals, February 5, 1969, p. 30).

Once the Legislative Assembly has proceeded to the Orders of the Day during a sitting, it is the government’s prerogative to call business on the Order Paper in its preferred sequence, with the exception of Monday morning sittings for Private Members’ Time. A motion that the Assembly proceed to an item outside the Orders of the Day, such as a Private Members’ bill, proposes to change the normal course of business and is therefore a substantive motion which may only be moved with notice (see House of Commons Procedure and Practice, 3rd ed., pp. 549-50). If the Assembly wishes to vary the order of business as set out in the Order Paper, it may proceed to do so by unanimous consent. In practice, this most frequently occurs during the consideration of Private Members’ motions during Private Members’ Time on Monday morning sittings.

As previously noted, this does not apply to the ability of the Government House Leader or a Minister acting for the Government House Leader to call business in the order they determine.

9.8.3Motions to Adjourn the House

A motion “to adjourn the House” (i.e., to adjourn the sitting) may be used as a substantive motion and as a motion to interrupt or supersede a motion already under consideration.

A motion to adjourn may be used by the government for the management of the business of the Legislative Assembly or to adjourn the Assembly at the end of a sitting. A motion “that the House do now adjourn” made by the Government House Leader will supersede a motion “that the House recess” (see B.C. Journals, June 17, 1997, p. 105). House of Commons Procedure and Practice notes:

When used as a motion to interrupt or supersede a motion already under consideration, a Member may move that the House be adjourned or that the debate be adjourned. Where the motion is aimed at interrupting and delaying Assembly proceedings, it is referred to as a dilatory motion.

Standing Order 34 provides that “A motion to adjourn (except when made for the purpose of discussing a definite matter of urgent public importance) shall be always in order; but no second motion to the same effect shall be made until after some intermediate proceedings shall have taken place.” A motion to adjourn the House may not be moved during the election of the Speaker, as Standing Order 11(a)(4) provides that such election shall take precedence over all other business and no motion of any kind shall be accepted. Under Standing Order 45(2), no debate on routine adjournment motions is permitted.

If the motion “to adjourn the House” is adopted, the Legislative Assembly adjourns immediately until the next sitting day. If the motion previously under discussion is not adjourned and the motion to adjourn the House is adopted, the matter that was under debate immediately preceding the adoption of the adjournment motion results in a “dropped order,” outlined in Chapter 5 (Sitting Days and Business). If defeated, a second such motion may not be moved until some intermediate proceeding (i.e., a proceeding that can be entered in the Journals) has taken place or an item of business considered. Members may move rotating motions to adjourn debate and to adjourn the House, as these motions do not have the same effect and are considered intermediate proceedings (see House of Commons Procedure and Practice, 3rd ed., p. 553; Erskine May, 25th ed., §20.23, p. 442).

9.8.4Motions to Adjourn Debate

The purpose of a motion to adjourn a debate is to temporarily set aside the consideration of a motion being considered by the Legislative Assembly. It can be used for the management of Assembly business or as a dilatory tactic.

If a motion “That the debate be now adjourned” is adopted, debate on the original motion stops, and the Legislative Assembly may move on to the next item of business. However, the original motion is not dropped from the Orders of the Day; it remains on the Order Paper and is put over to later in the same sitting, when it may be taken up again. If the motion to adjourn the debate is defeated, then debate on the original motion continues. A motion to adjourn the debate is in order when moved by a Member who has been recognized by the Speaker to take part in debate on a question before the Legislative Assembly (see Erskine May, 25th ed., §20.23, p. 442; House of Commons Procedure and Practice, 3rd ed., p. 550).

9.8.5Motion That a Member Be Now Heard

While not included in the motions listed under Standing Order 55, a motion “That a Member be now heard” can sometimes be used as a dilatory tactic (see B.C. Journals, February 5, 1968, pp. 30-1). House of Commons Procedure and Practice explains:

9.8.6Dilatory Motions — Restrictions

Motions under Standing Order 55 may not be moved while another Member is speaking, but only when a Member has the floor, having been recognized by the Speaker (see Erskine May, 25th ed., §20.23, p. 442). While the closure motion is not mentioned in Standing Order 55, this motion may be used to interrupt a Member in possession of the floor, further outlined in Chapter 7 (Rules of Debate). A motion to adjourn the debate is out of order if a motion to adjourn the House is being debated. Likewise, a motion to adjourn the House is out of order if a motion to adjourn the debate is under consideration.

9.9Decisions on Motions

Following closing remarks, in B.C. practice, the termination of debate occurs when debate on a motion (as amended, if applicable) appears to be finished. In closing debate, the mover of a motion then has a right to respond to the previous debate on a motion, if desired. Prior to doing so, the Chair must inform the Legislative Assembly, pursuant to Standing Order 42(3), that recognizing the mover will close the debate.

9.9.1Putting the Question on a Motion

In dealing with amendments and subamendments to a motion, House of Commons Procedure and Practice notes:

Once any amendments have been dealt with and debate has concluded, the Speaker will then put the question on the motion to the Legislative Assembly for a decision. The question invites Members to answer “aye” if they agree or “nay” if they disagree.

Putting the question means that the Speaker reads the main motion. The Speaker then asks: “Shall the motion pass?” In the absence of any dissenting voice, the Speaker will declare the motion carried. In this way, a question can be decided by a voice vote without resorting to a formal vote. If a Member wishes to have the Votes and Proceedings indicate that a decision has not been unanimous, they will state “on division.” The 223 Speaker will then declare the motion to have been carried, or defeated, on division. Alternatively, the Speaker will proceed to conduct a voice vote, and then, if requested, a vote is recorded “on division” or as a standing division vote. Voting is further outlined in Chapter 8 (Voting and Divisions).

9.9.2Unparliamentary Motions Under Standing Order 58

The Speaker holds general authority to decide questions of order and practice, as provided by Standing Order 9. This includes ensuring that the form and content of motions are consistent with the Legislative Assembly’s rules, procedures and practices.

Standing Order 58 provides the Speaker with authority to advise the Legislative Assembly before putting the question on a motion in a situation where, in the Speaker’s opinion, the motion is “contrary to the Rules and Privileges of Parliament” and citing the applicable rule or authority.

Standing Order 58 must be interpreted to mean that “after” the Speaker has proposed the question to the Legislative Assembly, it is too late to argue that the motion is “contrary to the Rules and Privileges of Parliament.” Standing Order 58 must be read in conjunction with Standing Order 44, which states:

Standing Order 58 gives the Speaker a general power to advise the Legislative Assembly regarding motions which, in the Speaker’s opinion, are out of order, while Standing Order 44 authorizes the Speaker to reject dilatory motions which are an abuse of the Assembly’s rules and privileges. The House of Commons of Canada has a similar Standing Order, which is explained as follows:

Like Speakers of the Legislative Assembly, Speakers of the House of Commons of Canada have relied on their general authority to decide questions of order or practice, including the form and content of motions. One interpretation of the intent of Standing Order 58 might be that after the question has been put to the Assembly, it is too late to raise a point of order that the motion offered is contrary to the rules and privileges of Parliament.

9.10Effect of Prorogation and Dissolution

Prorogation of a Session of a Parliament brings to an end all proceedings before the Legislative Assembly. As such, motions not dealt with by the Assembly at prorogation “die on the Order Paper” and must be reintroduced in the new Session.

Similarly, all business in the Legislative Assembly, including motions not dealt with, ends upon dissolution. Dissolution terminates a Parliament and is followed by a provincial general election.

9.10.1Order for Return — Prorogation Has No Effect

The Legislative Assembly may use “motions for a return of papers, both as a basis for debate and in pursuit of the papers themselves…” (Erskine May, 25th ed., §7.31, p. 156). The Legislative Assembly Privilege Act (R.S.B.C. 1996, c. 259, s. 2) affirms this parliamentary privilege that the Assembly holds: “The Legislative Assembly may command and compel the attendance of persons or the production of papers and things before the Assembly or a committee of it, as the Assembly or committee considers necessary for its proceedings or deliberations.” In the U.K. House of Commons, “The long-standing practice of the House has been that papers should be ordered only on subjects which are of public and official character” (Erskine May, 25th ed., §7.31, p. 156).

In British Columbia, orders for a return have fallen into infrequent use, particularly since the introduction of the proceeding of Oral Question Period as a means of obtaining information from Ministers on matters that fall under their responsibility. Use of an order for a return as part of a written question to a Minister is further outlined in Chapter 13 (Questions).

Uniquely, Standing Order 91 provides that an order for a return does not cease at prorogation; it would only cease at dissolution of the Legislative Assembly. Therefore, unlike other business of the Legislative Assembly, an order for a return is the only business of the Legislative Assembly that, if not completed within a Session, continues to exist in the next Session of the same Parliament.