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Standing Orders

The Standing Orders are the rules by which the Legislative Assembly operates.

Printable version

 

Explanatory Note

This version of the Standing Orders incorporates the following amendment made since the Standing Orders were last amended on Decmeber 13, 2011:

Pursuant to Motion #265, adopted by the Assembly on October 30, 2012, Standing Order 14.2(2) and Standing Order 14.2(3) have been amended to allow an independent member in opposition to call bills or motions for debate under Opposition Private Members' Business.

An Addendum has been added to include the October 29, 2012 agreement among the House Leaders and the Independent Member regarding guidelines for the use of electronic devices in the Legislative Assembly Chamber.

General Rule

Procedure in Unprovided for Cases

1. In all cases not provided for in these Standing Orders or by Sessional or other orders, the practices and procedures of the House of Commons of Canada, as in force at the time, shall be followed, so far as they may apply to this Assembly.

 

Chapter 1- Procedures of the Assembly

Time of Sittings

2  (1)   The time for the meeting of the Assembly shall be 1:00 p.m. on each Monday, Tuesday, Wednesday and Thursday unless otherwise ordered. The normal hour of adjournment shall be 5:30 p.m.

    (2)   On each sitting day, at the normal hour of adjournment, the Speaker shall adjourn the Assembly without question put, and the Assembly then stands adjourned until the next sitting day unless otherwise ordered.

    (3)   When the Assembly rises on Thursday, it shall stand adjourned until the following Monday unless otherwise ordered.

    (4)   At the normal hour of adjournment the Chair, if the Assembly at that hour is in Committee of the Whole, shall rise and report to the Assembly on the proceedings of Committee of the Whole.

    (5)   A motion to sit beyond the normal hour of adjournment must be moved by the Government House Leader or designate at least one-half hour before the normal hour of adjournment. Such motion shall specify the business to be dealt with and may be moved either with the Speaker in the Chair or while the Assembly is in Committee of the Whole.

Quorum

3  (1)   Pursuant to section 15 of the Yukon Act, a majority of the members of the Legislative Assembly, including the Speaker, is necessary to constitute a meeting of the Assembly for the exercise of its powers, but if there is not a quorum, the Speaker shall take the Chair and adjourn the Assembly until the next sitting day.

    (2)   If, at any time during a sitting of the Assembly, the Speaker's attention is drawn to the fact that there does not appear to be a quorum, the Speaker shall cause the bells to ring for four minutes and then do a count. If there is still not a quorum, the Speaker shall adjourn the Assembly until the next sitting day.

    (3)   Eight members, including the Chair, shall constitute a quorum in Committee of the Whole.

    (4)   While in Committee of the Whole, if the Chair's attention is drawn to an apparent lack of a quorum, the Chair shall ring the bells for four minutes and then do a count. If there is still not a quorum, the Chair shall report the matter to the Speaker, who shall repeat the procedure. If, on the Speaker's count, a quorum is present, the Assembly shall resolve itself into Committee; otherwise, the Speaker shall adjourn the Assembly until the next sitting day.

    (5)   If the Speaker or the Chair believes a quorum to have been established before four minutes have elapsed, the bells shall be stopped and a count done.

    (6)   Whenever the Speaker adjourns the Assembly for want of a quorum, the time of the adjournment and the names of the members then present shall be entered in the Votes and Proceedings.

 

Speaker

4  (1)   The Speaker shall not participate as a private member in any business before the Assembly.

    (2)   In the event of a tie vote, the Speaker shall cast the deciding vote and any reasons stated shall be entered in the Votes and Proceedings.

    (3)   The Speaker may participate as a private member in the business of Committee of the Whole.

Deputy Speaker and Deputy Chair

5  (1)    The Deputy Speaker shall be Chair of Committee of the Whole.

    (2)   The Assembly may, from time to time as necessary, elect a Deputy Chair of Committee of the Whole who shall be entitled to take the Chair of Committee.

    (3)   If the Chair and Deputy Chair are absent, the Speaker shall, before leaving the Chair upon the Assembly resolving into Committee of the Whole, appoint a member to be acting Chair.

Order and Decorum

6  (1)   The Speaker shall preserve order and decorum, and shall decide questions of order. In deciding a question of order or practice, the Speaker may state the Standing Order or other authority applicable to the case. No debate shall be permitted on any such decision, and no decision shall be subject to an appeal to the Assembly.

    (2)   In the case of grave disorder arising, the Speaker may, without motion, adjourn the sitting or suspend it for a specified time.

    (3)   When entering or leaving the Chamber, members shall bow to the Chair.

    (4)   When the Speaker speaks at any time, any member speaking shall sit down and the Speaker shall be heard without interruption.

    (5)   When the Speaker is putting a question, no member shall enter, walk out of or across the Assembly, or make any noise or disturbance.

    (6)   When a member is speaking, no member shall interrupt, except to raise a point of order or a question of privilege.

    (7)   Members shall take care not to pass between a member who is speaking and the Speaker, or between the Speaker's Chair and the Mace.

    (8)   When the Assembly adjourns, the members shall remain in their places until the Speaker has left the Chamber.

Question of Privilege

7  (1)   A member wishing to raise a question of privilege shall

(a) following the Daily Routine and before the Orders of the Day are called, and
(b) after having given a written notice containing a brief statement of the question to the Speaker at least two hours before the opening of the sitting, call attention to the alleged breach of privilege and explain the matter.

    (2)  A member may always raise a question of privilege in the Assembly immediately after the words are spoken or the events occur that give rise to the question.

    (3)  The Speaker may allow such debate as is necessary to assist in the determination of whether there appears to be a prima facie case of breach of privilege and whether the matter is being raised at the earliest opportunity.

    (4)   When the Speaker has ruled that

(a) there appears to be a prima facie case of breach of privilege, and
(b) the matter has been raised at the earliest opportunity

any member may either immediately propose a motion or, not later than at the conclusion of the next sitting day, give notice of a motion calling upon the Assembly to take action thereon or referring the same to a Committee of the Assembly.

    (5)     If the Speaker rules that there is no prima facie case of breach of privilege or that the matter has not been raised at the earliest opportunity, the matter is then closed.

    (6)     Unless otherwise directed by the Assembly, it is not a breach of privilege for a member of a Committee to discuss with the members of the Assembly, on a confidential basis, matters that are under consideration by the Committee.

Attendance of Members

8   Every member is bound to attend the service of the Assembly, unless leave of absence has been given by the Speaker.

Pecuniary Interest

9  (1)   No member is entitled to vote upon any question in which the member has a direct pecuniary interest.

    (2)   Notwithstanding Standing Order 9(1), a member is entitled to vote upon any question concerning the indemnities, expenses or salaries of members of the Legislative Assembly payable by the Government of Yukon.

Strangers

10 (1)   If any member takes notice that strangers are present, the Speaker or the Chair shall without debate or amendment put the question "Shall strangers be ordered to withdraw?"

    (2)   Notwithstanding the foregoing, the Speaker or the Chair may order the withdrawal of strangers.

    (3)   The Sergeant-at-Arms shall when ordered by the Speaker or the Chair, eject any strangers admitted into any part of the Chamber or gallery who do not properly conduct themselves or do not withdraw when strangers are ordered to withdraw.

Cabinet Commissioners

10.1      A member designated as a Cabinet commissioner is a private member. With the exception of Standing Orders 11(4), 11(5) and 58(2.1), the Standing Orders apply equally to all private members including those members designated as Cabinet commissioners.

 

Chapter 2 - Business of the Assembly

Prayers and Daily Routine

11 (1)   The Speaker shall offer prayers at the start of every sitting day.

     (2)      The ordinary Daily Routine in the Assembly shall be as follows:

Tributes
Introduction of Visitors
Tabling Returns and Documents
Presenting Reports of Committees
Petitions
Introduction of Bills
Notices of Motions
Ministerial Statement
Oral Question Period (not exceeding 30 minutes)

    (3)      On the Ministerial Statement, as listed in Standing Order 11(2), a Minister may make an announcement or statement on government policy or a matter of public interest. Such announcement or statement shall not last longer than four minutes. A member for each of the parties in opposition to the government may comment thereon for not more than four minutes and a Minister may then give a reply of not more than four minutes.

    (3.1)   One Ministerial Statement or Cabinet Commission Statement shall be allowed per sitting day.

    (4)      On the Ministerial Statement, as listed in Standing Order 11(2), a member who has been designated as a Cabinet commissioner may make an announcement or statement related to his or her Commission. Such announcement or statement shall not last longer than four minutes. A member for each of the parties in opposition to the government may comment thereon for not more than four minutes and the Cabinet commissioner may then give a reply of not more than four minutes.

    (5)      During Oral Question Period, a member who has been designated as a Cabinet commissioner may answer questions respecting the activities of his or her Commission.

Order of Precedence

12 (1)   All items standing on the Orders of the Day, except government business, shall be taken up according to their precedence on the Order Paper unless otherwise ordered.
      

    (2)      When government business has precedence, that business may be called in such sequence as the government chooses.
    (3)      A motion or bill that is under consideration at the conclusion of an order of business shall stand first on the Orders of the Day for the next sitting day at which similar motions or bills are considered.

Business not proceeded with

12.1   Subject to Standing Order 33, a motion made under the heading Motions other than Government Motions, Motions Respecting Committee Reports or Bills other than Government Bills not proceeded with when called shall, upon the request of a member, be allowed to stand on the Order Paper.

Order of Government Business

13  (1)   After the Daily Routine, the order of business on Monday, Tuesday and Thursday shall be as follows:

Government Designated Business
Motions Respecting Committee Reports
Motions other than Government Motions
Bills other than Government Bills

    (2)      When the Assembly resolves into Committee of the Whole on Monday, Tuesday and Thursday, the order of business shall be as follows:

Government Designated Business
Motions Respecting Committee Reports
Bills other than Government Bills
Motions other than Government Motions

    (3)      A motion for concurrence in the report of a Committee may be called as government business if the Government House Leader or designate gives the Assembly at least twenty-four hours' oral notice.

Establishing the order of Private Members' Business

13.1 There are two different methods by which the order of private members' business may be established:

(a) to follow the order set out in Standing Order 14, subject to the provisions found in Standing Orders 12 and 14.1; or
(b) to follow the procedures set out in Standing Order 14.2.

Order of Private Members' Business

14  (1)  After the Daily Routine, on the first Wednesday of a Session that private members' business is to be considered, and every second Wednesday thereafter, the order of business shall be as follows:

Opposition private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

Motions Respecting Committee Reports
Government Designated Business
Government private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

    (2)   After the Daily Routine, on the second Wednesday of a Session that private members' business is to be considered, and every second Wednesday thereafter, the order of business shall be as follows:

Government private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

Government Designated Business
Motions Respecting Committee Reports
Opposition private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

    (3)      When the Assembly resolves into Committee of the Whole on the first Wednesday of a Session that private members' business is to be considered, and every second Wednesday thereafter, the order of business shall be as follows:

Opposition private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

Motions Respecting Committee Reports
Government Designated Business
Government private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

    (4)      When the Assembly resolves into Committee of the Whole on the second Wednesday of a Session that private members' business is to be considered, and every second Wednesday thereafter, the order of business shall be as follows:

Government private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

Government Designated Business
Motions Respecting Committee Reports
Opposition private members' business:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

Calling Bills other than Government Bills on Wednesday

14.1  (1) On the first Wednesday of a Session that private members' business is to be considered, and every second Wednesday thereafter, at 4:30 p.m., Bills other than Government Bills shall be called if there are any on the Order Paper standing in the name of Opposition private members.

    (2)      On the second Wednesday of a Session that private members' business is to be considered, and every second Wednesday thereafter, at 4:30 p.m., Bills other than Government Bills shall be called if there are any on the Order Paper standing in the name of Government private members.

    (3)      The provisions of this Standing Order do not apply if the procedures set out in Standing Order 14.2 are used to determine the order of business on Wednesdays.

Order of Private Members' Business on Wednesdays

14.2  (1) The order of private members' business on Wednesdays may be determined as set out in this Standing Order.

    (2)      At the beginning of each Session a roster shall be established for the purpose of determining the order of business on Wednesdays when Opposition private members' business has precedence. The roster shall be set in the following manner:

(a) the Official Opposition shall have the first, second and fifth positions on the roster;
(b) a party or group in opposition to the government, other than the Official Opposition, shall have the third, fourth and sixth positions on the roster,
(c) notwithstanding Standing Order 14.2(2)(b), an independent member in opposition shall have the fourth position on the roster; and
(d) where there are two or more independent members in opposition, the Spaker shall determine the allocation of the fourth position on the roster to those members.

    (3)      When Opposition private members' business has precedence, no later than the time at which the Assembly proceeds to Orders of the Day on the sitting day preceding the call of Opposition private members' business:

(a) the Leader of the Official Opposition or designate may, on behalf of the members of the Official Opposition, identify the order in which the items standing in their names on the Order Paper or on the Notice Paper shall be called; and
(b) the members of a party or group or independent member in opposition to the government, other than the Official Opposition, may identify the order in which the items standing in their names on the Order Paper or on the Notice Paper shall be called.

An item identified under this Standing Order may be chosen from any of the following headings:

(a) Motions for the Production of Papers
(b) Motions other than Government Motions
(c) Bills other than Government Bills

    (4)      When Opposition private members' business has precedence, the items identified under Standing Order 14.2(3) shall be called according to the order of the roster established under Standing Order 14.2(2).

    (5)      After an item standing in the name of an Opposition private member has been dealt with, the position held in the roster by that member's party or group shall drop to the bottom of the roster.

    (6)      On Opposition private members' day, an item on which debate has not begun by 5:00 p.m. and on which debate has been adjourned, shall be called first on the next day on which Opposition private members' business is called if the item is identified pursuant to Standing Order 14.2(3); otherwise, the item shall be considered dealt with and the roster changed in the manner set out in Standing Order 14.2(5).

    (7)      When Government private members' business has precedence, the Government House Leader or designate, no later than the time at which the Assembly proceeds to Orders of the Day on the sitting day preceding the call of Government private members' business, may, on behalf of the Government private members, identify the order in which the items standing on the Order Paper or on the Notice Paper in the name of Government private members shall be called.

    (8)      An item shall be considered dealt with when it comes to a vote, when debate is adjourned, except as provided for in Standing Order 14.2(6), or when a member asks for and receives unanimous consent for it to be allowed to stand.

Unanimous consent to waive rules

14.3 The Assembly may, by unanimous consent, suspend its Standing Orders or waive procedural requirements and precedents.

Motion to Adjourn the Assembly

15      A motion to adjourn, except when made for the purpose of discussing a matter of urgent public importance, shall always be in order, but no second motion to adjourn shall be made until after some intermediate proceeding has taken place.

Matter of Urgent Public Importance

16  (1)  Leave to make a motion for the adjournment of the ordinary business of the Assembly to debate a matter of urgent public importance must be requested after the Daily Routine and before Orders of the Day.

    (2)      A member wishing to move "That the ordinary business of the Assembly be adjourned," shall give to the Speaker and House Leaders, at least two hours prior to the opening of a sitting day, a written statement of the matter proposed to be discussed and any relevant background material. If the urgent matter has not come to the attention of the member at least two hours prior to the sitting day, the member shall give the written statement to the Speaker and the House Leaders as soon as possible before the opening of the sitting day.

    (3)      If two or more written statements have been received pursuant to this Standing Order, the Speaker shall decide the order in which they shall be presented to the Assembly.

    (4)      The member requesting leave and one member from each of the other parties in the Assembly may speak to the request for not more than five minutes each.

    (5)      The Speaker shall then rule whether the request for leave is in order and of urgent public importance and, if the Speaker rules that the request for leave is in order and of urgent public importance, the Speaker shall ask the Assembly whether the member has the leave of the Assembly.

    (6)      If three or more members rise in their places, the Speaker shall call upon the member who requested leave.

    (7)      If fewer than three members rise in their places, the question whether the member has leave to move the adjournment of the ordinary business of the Assembly shall be put immediately, without debate or amendment.

    (8)      If the Assembly determines to set aside the ordinary business of the Assembly to discuss the matter of urgent public importance, each member who wishes to speak in the discussion shall be limited to fifteen minutes, and the debate will conclude

(a) when all members who wish to take part have spoken; or
(b) at the normal hour of adjournment whichever is first.

    (9)      If all members who wish to take part in the debate have spoken and the Assembly has not reached the normal hour of adjournment, the Assembly shall then proceed, without question put, to the Orders of the Day.

(10)      A debate on a matter of urgent public importance does not entail any decision by the Assembly.

(11)      The right to move the adjournment of the ordinary business of the Assembly under this Standing Order is subject to the following restrictions:

(a) only one such motion shall be allowed on any sitting day;
(b) the motion shall not revive discussion on a matter that has been discussed in the same Session;
(c) the motion shall not anticipate a matter that has been previously appointed for consideration by the Assembly;
(d) the motion shall not be on a question of privilege; and
(e) the debate shall not raise a question that may be debated only on a distinct motion under notice.

 

Chapter 3 - Rules of Debate

Member Recognized by the Speaker

17  (1)  Every member desiring to speak shall rise in his or her place and address the Speaker.

(2)      When two or more members rise to speak, the Speaker shall call upon the member who, in the Speaker's opinion, first rose but a motion may be made that any member who has risen "be now heard" and the motion shall be put immediately without debate or amendment.

Member Withdrawing from Debate

18      If anything shall come into question concerning the conduct, election, or right of any member to hold a seat, that member may make a statement and shall then withdraw from the debate.

Member Called to Order During Debate

19      A member shall be called to order by the Speaker if that member:

(a) speaks twice to a question, except in the case of a mover in concluding debate, or in explanation of a material part of a speech in which that member may have been misunderstood, in which case the member shall not introduce new matter;
(b) speaks to matters other than
(i) the question under discussion, or
(ii) a motion or amendment the member intends to move, or
(iii) a question of privilege or a point of order;
(c) persists in needless repetition or raises matters that have been decided during the current Session;
(d) in the opinion of the Speaker, refers at length to debates of the current Session or reads unnecessarily from Hansard or from any other document, but a member may quote relevant passages for the purposes of a complaint about something said or of a reply to an alleged misrepresentation;
(e) reflects upon any vote of the Assembly unless it is that member's intention to move that it be rescinded;
(f) refers to any matter that is pending in a court or before a judge for judicial determination where any person may be prejudiced in such matter by the reference;
(g) imputes false or unavowed motives to another member;
(h) charges another member with uttering a deliberate falsehood;
(i) uses abusive or insulting language, including sexist or violent language, in a context likely to create disorder;
(j) speaks disrespectfully of Her Majesty or of any of the Royal Family; or
(k) introduces any matter in debate that, in the opinion of the Speaker, offends the practices and precedents of the Assembly.

Time Limits During Debate

20(1)   Unless otherwise provided for in these Standing Orders, when the Speaker is in the Chair, no member, except a member moving a motion and the member speaking in reply immediately thereafter, shall speak for more than twenty minutes.

(2)      During debate on the motion for second reading of a main appropriation bill, no member, except a member moving a motion and the member speaking in reply immediately thereafter, shall speak for more than forty minutes.

Right of Reply and Closing Debate

21  (1)  A reply shall be allowed to a member who has moved a substantive motion, but not to the mover of an amendment, the previous question or any instruction to a Committee.

  (2)      When no further members appear to be rising to participate in debate on a motion, the Speaker shall state "Are you prepared for the question?" and, if a member should rise who has the right to participate in the debate, the Speaker shall recognize that member.

(3)      When the mover of the original motion rises to speak in reply, the Speaker shall inform the Assembly that the reply would close debate and any member who has not spoken and who wishes to speak shall be allowed to do so before the reply.

Point of Order and Question of Privilege

22(1)  A member speaking, if called to order by the Speaker or if a point of order or a question of privilege is raised by another member, shall sit down while the point of order or question of privilege is being stated, after which the member may resume his or her address or make a statement relating to the point of order or question of privilege.

(2)      The Speaker may permit debate on a point of order or question of privilege before giving a decision but the debate must be strictly relevant to the point of order or question of privilege raised.

Naming a Member

23(1)  If a member, on being called to order for an offence against any Standing Order, persists in the offence, the Speaker may direct that member to discontinue speaking and to sit down. If the member refuses, the Speaker shall name that member to the Assembly.

(2)      A member who has been named shall be suspended from the Assembly for the remainder of the sitting day. A motion without notice may be moved to increase the length of the suspension of a named member and the motion shall be decided without debate or amendment.

(3)      If any member suspended from the service of the Assembly refuses to obey the direction of the Speaker, the Speaker shall call to the attention of the Assembly that force is necessary in order to compel obedience.

(4)      The decision of the Speaker is final.

Debatable and Non-debatable Motions

24  (1)  A motion is debatable which is:

(a) standing on the Order Paper;
(b) for concurrence in a report of a Committee;
(c) for the previous question;
(d) for the Second Reading of a bill;
(e) for the Third Reading of a bill;
(f) for the withdrawal of a bill;
(g) for the adjournment of the ordinary business of the Assembly when made for the purpose of discussing a matter of urgent public importance;
(h) for the adoption, in Committee of the Whole, of the item under consideration;
(i) for the appointment of a Committee;
(j) for reference to a Committee of any matter;
(k) for the suspension of any Standing Order;
(l) for the Production of Papers; or
(m) required for the observance of the proprieties of the Assembly, 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 motions for the adjournment of the Assembly or of debate, shall be decided without debate or amendment.

Divisions

25  (1)  A division shall be called

(a) if two members rise in their places and say "division"; or
(b) if the Speaker is unable to ascertain the count from the voice vote.

(2)      When a division is called for, either before the question is put or after the voice vote, the Speaker shall immediately ring the division bells.

(3)      Once the bells have started ringing, no further debate shall be permitted.

(4)      No sooner than two minutes nor longer than five minutes thereafter, the Speaker may again state the question following which the Speaker shall order the taking of the division.

(5)      No member shall enter or leave the Assembly during the final statement of the question, nor then leave the Assembly until the division has been fully taken and the result announced.

(6)      Each member present shall vote unless he or she has a direct pecuniary interest.

(7)      Upon a division, the Yeas and Nays shall be entered in the Votes and Proceedings.

 

Chapter 4 - Address in Reply to the Speech from the Throne

Proceedings for Debate on the Motion

26  (1)  The proceedings on the motion for an Address in Reply to the Speech from the Throne and on any amendments proposed shall not exceed three sitting days.

(1.2)    During debate on the motion for an Address in Reply to the Speech from the Throne and on any amendments proposed, the time limit for speakers following the member moving the motion and the member speaking in reply immediately thereafter shall be forty minutes.

(2)      Any sitting day to be appointed for the consideration of this motion shall be announced by the Government House Leader and on any such sitting day this motion shall have precedence over all other business except for the Daily Routine.

(3)      On the first of the said sitting days, if a subamendment is under consideration at thirty minutes before the normal hour of adjournment, the Speaker shall interrupt the proceedings and put the question on the subamendment.

(4)      On the second of the said sitting days, if an amendment is under consideration at thirty minutes before the normal hour of adjournment, the Speaker shall interrupt the proceedings and put the question on the amendment.

(5)      The motion shall not be subject to amendment after the second sitting day of debate.

(6)      On the third of the said sitting days, at fifteen minutes before the normal hour of adjournment, the Speaker shall interrupt the proceedings and put the question on the motion.

 

Chapter 5 - Notice

Notice Required for Consideration of Motions

27  (1)  One clear day's notice shall be given of a motion for any of the following purposes:

(a) for a resolution or address;
(b) for the appointment of any Committee;
(c) for concurrence in the report of a Standing or Special Committee;
(d) for the Production of Papers;
(e) for making, amending or repealing any Standing Order or rule;
(f) for referring a bill to a Select Committee after First Reading; or
(g) for any purpose not covered in Standing Order 27(3).

(2)      Two clear days' notice shall be given of a motion for concurrence in the report of a Select Committee.

(3)      No notice shall be required for any of the following motions:

(a) for any reading of a bill;
(b) for the amendment of a bill, motion or resolution excepting proposed amendments to a bill at the Select Committee report stage;
(c) for referring a matter to any Committee;
(d) for the postponement of a question to a certain day;
(e) for the previous question;
(f) for reading the Orders of the Day;
(g) for the adjournment of the Assembly or of a debate;
(h) for dealing with a question of privilege;
(i) for fixing a time of meeting or adjournment of the Assembly; or
(j) for other matters of a merely formal or uncontentious nature.

(4)      A written notice under this Standing Order shall be sent to the Table before 5:00 p.m. and shall be printed in the Notice Paper the next sitting day.

Motion of Urgent and Pressing Necessity

28  (1)  A motion may, in case of urgent and pressing necessity previously explained by the mover, be made by unanimous consent of the Assembly without notice having been given.

(2)      Unanimous consent for a motion under this Standing Order shall be requested during the Daily Routine in the period following the Ministerial Statement and prior to the beginning of Oral Question Period.

 

Chapter 6 - Motions - Amendments - The Previous Question

Motions

29  (1) A motion is used to propose that the Assembly

(a) do something;
(b) order something to be done; or
(c) express an opinion on a matter.

(2)      A motion, once adopted, becomes an order or a resolution of the Assembly: an order when the Assembly requires its Committees, its members, or any other person to do something; a resolution when the Assembly declares its opinion or affirms a fact or a principle.

(3)      All motions other than those of a purely formal nature shall be in writing before being put from the Chair or debated.

(4)      Whenever the Speaker is of the opinion that a motion offered to the Assembly is contrary to the rules and privileges of the Assembly, the Speaker shall inform the Assembly immediately, quoting the applicable Standing Order or authority, and not put the question thereon.

(5)      Before a motion is debated, it shall be read from the Chair.

Other Motions Receivable During Debate

30      When a motion is under debate no motion may be received except

(a) to amend it,
(b) to refer it to a committee,
(c) to postpone it to a certain day,
(d) for the previous question,
(e) for proceeding to the Orders of the Day,
(f) for proceeding to another order or item of business,
(g) to adjourn the debate, or
(h) for the adjournment of the Assembly.

Motion for Referral to Committee

31      A motion to refer a bill or motion to a Committee shall preclude all amendments to the main question.

Adjourning and Resuming Debate on a Motion

32      A member who, on a previous sitting day, has moved "That debate be now adjourned" has entered the debate and shall be entitled to be heard first when that debate is resumed.

Dropping a Motion

33  (1)  A motion that has been twice called and not proceeded with shall be dropped but it may be restored to the Order Paper after due notice.

(2)      If a motion thus restored is called once and not proceeded with, it shall be dropped from the Order Paper.

(3)      This Standing Order does not apply to Motions for the Production of Papers.

Withdrawing a Motion

34       A member who has a motion on the Order Paper may withdraw the same only with the unanimous consent of the Assembly.

Amending a Motion

35       When taking part in a debate on an amendment to a motion:

(a) the member moving an amendment has the right to speak both to the main question and the amendment in one speech;
(b) a member, other than the mover, shall confine debate to the subject of the amendment.

Previous Question

36  (1)  The previous question, until it is decided, shall preclude all amendment of the main question and shall be in the following words: "That the question be now put."

(2)      If the previous question is resolved in the affirmative, the original question shall be put forthwith without any debate or amendment.

(3)      If the previous question is resolved in the negative, the debate on the original question shall proceed as usual.

 

Chapter 7 - Written Questions - Documents Tabled

Written Questions

37  (1)  Written questions may be placed on the Order Paper seeking information from

(a) members of the Executive Council relating to public affairs; and
(b) private members, including Committee Chairs, relating to any bill, motion or other public matter connected with the business of the Assembly in which such members may be concerned.

(2)      Except to explain the written question or the answer, no argument or opinion shall be offered.

(3)      No member shall have more than five written questions at a time on the Order Paper.

(4)      All replies to written questions shall be tabled as Legislative Returns during the Daily Routine.

(5)      Written questions, until answered, shall be printed each Monday on the Order Paper under the heading "Written Questions."

Documents Tabled

38(1)  Any return, report or other paper required to be tabled in the Assembly in accordance with an Act or pursuant to any resolution or Standing Order of this Assembly shall be tabled during Tabling Returns and Documents.

(2)      Any document presented to the Assembly by a member for the information of members may be tabled if accompanied by sufficient copies for distribution to all House Leaders and to the Table for placement in the working papers of the Assembly.

(3)      A record of any return, report or other paper so tabled or filed shall be entered in the Votes and Proceedings of the same day.

Returns outstanding at prorogation not nullified

39      A prorogation of the Assembly shall not have the effect of nullifying an order or address of the Assembly for returns or papers, and any order not fulfilled during the Session at which it was made shall be fulfilled during the next Session, without renewal of the order.

 

Chapter 8 - Committee of the Whole

Composition

40      There shall be a Committee of the whole Assembly called Committee of the Whole.

Motion to resolve into Committee of the Whole

41      A motion for the Assembly to resolve into Committee of the Whole shall be put immediately without debate or amendment.

Proceedings

42  (1)  The Standing Orders of the Assembly shall be observed in Committee of the Whole so far as may be applicable, except the Standing Orders limiting the number of times of speaking and the length of speeches.

(2)      Speeches in Committee of the Whole shall be strictly relevant to the item or clause under consideration.

(3)       No member shall speak for more than twenty minutes at a time in Committee of the Whole.

(4)      The Chair shall maintain order in Committee of the Whole, deciding all questions of order subject to an appeal to the Speaker. Disorder in Committee of the Whole can be censured only by the Assembly, on receiving a report thereon. No debate shall be permitted on any decision of the Chair.

(5)      The formal proceedings of Committee of the Whole shall be entered in the Votes and Proceedings.

Motions

43  (1)  A motion that the Chair do now leave the Chair is always in order, shall take precedence over any other motion, and shall not be debatable.

(2)      Such motion, if rejected, shall not be moved again until after some intermediate proceeding has taken place.

(3)      Whenever the Chair reports on the proceedings of Committee of the Whole to the Assembly, a motion to concur in the Chair's report shall be put immediately and decided without debate or amendment.

Count in Committee of the Whole

44  (1)  Upon the request of two members, a count shall be called on any question.

(2)       When a count is called for, either before the question is put or after the voices have been given, the Chair shall immediately ring the division bells.

(3)      Once the bells have started ringing, no further debate shall be permitted.

(4)      The Chair shall stop the bells, state the question and order the taking of the count after the bells have rung for five minutes.

(5)      The Chair may stop the bells, state the question and order the taking of the count prior to the expiration of five minutes if:

(a) all members are present in the Chamber; or
(b) the House Leaders have indicated to the Chair that they would not object to proceeding with the count even though all members are not present in the Chamber.

Deferred count in Committee of the Whole

44.1  (1)  When, in Committee of the Whole, a count is called for under Standing Order 44 at any stage of an appropriation or taxation bill, a House Leader or designate may approach the Chair to request that the count be deferred.

(2)      Upon receiving a request that the count be deferred the Chair shall inform the Committee that the count has been deferred.

(3)      While an appropriation or taxation bill is being considered by the Committee, a count that has been deferred shall be taken immediately when the Assembly next resolves into Committee.

(4)      When Committee of the Whole has completed consideration of an appropriation or taxation bill and a count or counts remain to be taken, the Assembly shall, when it proceeds to Orders of the Day on the next sitting day following, be resolved, without motion, into Committee and all counts remaining to be taken shall be taken.

(5)      When a count is deferred pursuant to this Standing Order the Committee of the Whole shall continue with the business before it.

 

Chapter 9 - Committees - Witnesses - Committee Reports

Appointment of Standing Committees

45  (1)  At the commencement of the first Session of each Legislature a Standing Committee on Rules, Elections and Privileges and a Standing Committee on Statutory Instruments shall be appointed.

(2)      At the commencement of the first Session of each Legislature a Members' Services Board with the Speaker as Chair shall be appointed.

(3)      At the commencement of the first Session of each Legislature a Standing Committee on Public Accounts shall be appointed and the Public Accounts and all Reports of the Auditor General shall stand referred automatically and permanently to the said Committee as they become available.

(3.1)   A Standing Committee on Appointments to Major Government Boards and Committees may be appointed.

(3.2)   The Standing Committee on Appointments to Major Government Boards and Committees:

(a) shall review nominations and recommend appointments to the following major boards and committees:

a. Yukon Development Corporation Board of Directors
b. Yukon Energy Corporation Board of Directors
c. Yukon Workers' Compensation Health and Safety Board
d. Yukon Lottery Commission
e. Yukon Recreation Advisory Council
f. Arts Advisory Council
g. Yukon Utilities Board
h. Yukon Council on the Economy and the Environment; and
i. Yukon Human Rights Commission;

(b) may review other appointments proposed by the Executive Council that are referred to it by the Executive Council;

(c) shall meet in camera; and

(d) shall prepare a report within 45 days of receipt of a proposed appointment or of proposed appointments and such report shall contain the appointment or list of appointments recommended by the Committee.

(3.3)   The Chair of the Standing Committee on Appointments to Major Government Boards and Committees shall present all reports of the Committee to the Legislative Assembly but, if the Legislative Assembly is not sitting at the time a report has been agreed to by the Committee, the Chair shall transmit the report to all Members of the Legislative Assembly and then release the report to the public.

(3.4)   When the Commissioner in Executive Council or, if applicable, a Minister, due to legal requirements or operational needs, has deemed it necessary to make an appointment prior to the expiration of the 45 day period, the Committee shall be notified in writing, by the Executive Council Office, of appointments made by a Minister or by the Commissioner in Executive Council.

(4)      At any time, a Special or Select Committee may be appointed to consider any matter referred to it by the Assembly.

(5)      No Standing, Special or Select Committee shall consist of more than seven members without the consent of the Assembly.

(6)      The Clerk shall distribute to every member a list of the members comprising the Committees and the Members' Services Board.

Procedures

46  (1) The member first named in the motion establishing the membership of any Committee shall call the first meeting of the Committee.

(2)      At the first meeting of a Committee, a Chair shall be elected who shall act as Chair during the life of the Committee.

(3)      A majority of the members of a Committee shall constitute a quorum, unless otherwise specified in the motion establishing the Committee.

(4)      A notice of all Committee meetings shall be posted in the Legislative Assembly Office.

Membership Substitution and Replacement

47  (1) A member who is not a member of a Committee may attend a Committee meeting for the purpose of presenting a submission to the Committee but shall not be permitted to vote.

(2)      A member of a Committee who is unable, on a temporary basis, to attend the business of the Committee may delegate a stand-in member who shall have full voting privileges. Notice of the name of the substitute member shall be given to the Chair prior to the meeting.

(3)      A member of any Committee of the Assembly who is unable to attend the business of the Committee because of death, long illness, resignation from the Assembly, or resignation from the Committee, where accepted, may be replaced by a motion of the Assembly.

Witnesses

48  (1)  No witness shall attend before any Committee unless a written statement has first been filed with the Chair of the Committee by a member thereof, stating that the evidence to be obtained from the witness is material and important.

(2)       Subject to the appropriation of funds, the Clerk, upon the recommendation of a Committee, may pay to any witness called before a Committee a reasonable allowance for travelling and living expenses.

Committee Reports

49  (1)  A report from a Committee shall be signed by the Chair, on behalf of the Committee, and shall be presented to the Assembly by the Chair or by another member of the Committee authorized by the Chair or the Committee.

(2)       A report from a Standing or Special Committee shall not be amended by the Assembly but may be concurred in, in whole or in part, rejected, or referred back to the Committee.

Committee Documents

50  (1)  All documents which come into the possession of a Committee or which come into existence in the course of the conduct of the business and affairs of the Committee belong to the Committee before it reports to the Assembly and belong to the Assembly after the Committee reports to the Assembly, subject to any direction of the Speaker acting on an order of the Assembly.

(2)       Notwithstanding Standing Order 50(1), where a Committee does not report to the Assembly before dissolution of the Legislature, all documents which came into the possession of the Committee or which came into existence in the course of the conduct of the business and affairs of the Committee belong to the Assembly upon its dissolution subject to

(a) any directions of the Committee as to their disposal;
(b) any directions as to their disposal contained in any order of the Assembly; or
(c) in the absence of any other directions, then in accordance with the directions of the Speaker.

 

Chapter 10 - Proceedings on Bills

Types of Bills

51  (1)  Bills shall be known and distinguished as Government Bills, Private Members' Bills and Private Bills.

(2)      Government Bills are bills introduced by Ministers relating to matters of administration or public policy of general application within Yukon.

(3)      Private Members' Bills are bills introduced by members other than Ministers, relating to matters of administration or public policy of general application within Yukon, and which do not involve the expenditure of public funds or the imposition of any tax.

(4)      Private Bills are those relating to private or local matters or for the particular interest or benefit of any person, corporation or municipality.

Stages of Bills: First Reading

52  (1)  Every bill shall be introduced upon a motion for First Reading specifying the title of the bill.

(2)      A motion for First Reading of a bill shall be decided without introductory statement, debate or amendment.

Incomplete Bill Not Acceptable

53 No bill may be introduced either in blank or incomplete form.

Bills Printed and Distributed

54  (1)  All bills shall be printed before Second Reading.

(2)       No bill shall receive Second Reading until it has been printed and distributed for one clear sitting day.

Readings of Bills

55  (1)  Each bill shall receive three separate readings, on different sitting days, before being passed.

(2)      On extraordinary occasions, a bill may, with unanimous consent of the Assembly, be advanced two or more stages in one sitting day.

(3)      Notwithstanding Standing Order 55(1), an Appropriation Bill bringing forward the main Capital or Operation and Maintenance budget may receive Second Reading on the same sitting day on which it has received First Reading.

Certification of Reading and Passage

56  (1)  The Clerk or Deputy Clerk shall certify upon every bill the date of the readings.

(2)       When a bill is passed the Clerk or Deputy Clerk shall certify the same, with the date, at the foot of the bill.

Stages of Bills: Second Reading

57  (1)  Every bill shall be read twice in the Assembly before committal or amendment.

(2)      The debate on a motion for Second Reading shall be limited to the object, expediency, principles and merits of the bill, or to alternative methods of obtaining its purpose.

(3)      Notwithstanding Standing Order 57(1), a bill may be committed to a Select Committee after First Reading.

(4)      Unless otherwise ordered by the Assembly, when a Government Bill or a Private Member's Bill is read the second time, it stands ordered for consideration by Committee of the Whole.

Stages of Bills: Committee

58  (1)  During formal proceedings upon bills in any Committee of the Assembly, the preamble and title are first postponed, and if the first clause contains only a short title, it is also postponed; then every other clause is considered by the Committee in its proper order, the first clause (if it contains only the short title), the preamble and the title to be last considered.

(2)      When the Assembly is sitting in Committee of the Whole to consider bills, the Minister sponsoring a bill may have a limited number of departmental officials seated nearby to supply information to the Minister as required.

(2.1)   When the Assembly is sitting in Committee of the Whole, a member who has been designated as a Cabinet commissioner may speak to matters and answer questions respecting his or her Commission.

(3)      Amendments made to a bill in Committee shall be reported by the Chair to the Assembly.

Stages of Bills: Third Reading

59  (1)  A bill reported without amendment by the Chair of Committee of the Whole may immediately receive Third Reading.

(2)      A bill reported with amendment by the Chair of Committee of the Whole shall not receive Third Reading before the next sitting day.

(3)      When the order for Third Reading of a bill is called, a motion may be moved to discharge the order and recommit the bill.

(4)      When a bill has been read the third time and passed, a motion may be moved to rescind the Third Reading and passage and recommit the bill.

Reprinting of Amended Bill

60  (1)  When a bill has been amended in Committee of the Whole, it shall be reprinted as amended if so ordered by the Committee.

(2)      When the bill has been sent to be reprinted, it shall be shown on the Order Paper as "BEING REPRINTED," and shall not be further proceeded with until that notation has been removed.

Money Message

61  (1)  It is not lawful for the Assembly to adopt or pass any vote, resolution, address or bill for the appropriation of any part of the public revenue of Yukon, or of any tax or impost, to any purpose that has not been first recommended to the Assembly by message of the Commissioner in the Session in which such vote, resolution, address or bill is proposed.

(2)      Standing Order 61(1) relates only to appropriations and does not refer to the imposition of taxes. The only condition imposed on a taxation measure is that it be introduced by a Minister.

Reports of Select Committees

62  (1)  The report of a Select Committee on a bill that has received First Reading only shall be accepted by the Assembly but shall not be further proceeded with until such time as the bill has received Second Reading.

(2)      Following the Second Reading of a bill previously reported from a Select Committee, notice of a motion for concurrence in the report of the Select Committee shall be accepted.

(3)      In cases under Standing Order 62(2), the Select Committee proceedings shall be deemed to have occurred after Second Reading.

Motion for Concurrence

63  (1)  A motion for concurrence in the report of a Select Committee shall receive at least two clear days' notice.

(2)      A motion to amend, delete, insert or restore any clause in a bill shall be allowed during debate on a concurrence motion if written notice of such motion has been given to the Clerk at the Table prior to 5:00 p.m. on the sitting day before the concurrence motion is called.

(3)      The Clerk shall deliver a copy of the notices of motions received under Standing Order 63(2) to all members.

Debate on Motion for Concurrence

64  (1)  When the concurrence motion is called, the Speaker shall first allow a general debate following the normal rules of the Assembly. If notice of amendments to the bill has been given, however, the Speaker shall postpone putting the main question until the Assembly has disposed of such amendments.

(2)      Following the general debate on the concurrence motion, any amendment to the bill of which notice has been given shall be open to debate and amendment.

(3)      When debate is permitted, no member shall speak more than once or for longer than twenty minutes on any amendment.

(4)      The order in which amendments are to be selected may be determined by the House Leaders but, in the absence of direction from the House Leaders, the Speaker shall have the power to select the amendments to be proposed.

(5)      When a recorded division has been called on any amendment proposed, the Speaker may defer the division until any or all subsequent amendments have been considered. A recorded division or divisions may be deferred from sitting day to sitting day.

(6)      An amendment, in relation to form only in a Government Bill, may be proposed by a Minister without notice, but debate may not be extended to the provisions of the clause or clauses to be amended.

(7)      When all proceedings on amendments have been completed, the Speaker shall put the question on the concurrence motion immediately.

(8)      Where necessary, the Speaker is empowered to add the phrase "as amended" to the concurrence motion.

(9)      When a bill has been amended during the proceedings of a Select Committee, it shall not receive Third Reading on the same sitting day as the concurrence motion is dealt with by the Assembly.

 

Chapter 11 - Petitions

Presentation and Form

65  (1)  A petition to the Assembly may be presented by a member at any time during a sitting day by filing the same with the Clerk at the Table.

(2)      A member desiring to present a petition from his or her place in the Assembly shall do so during the Daily Routine under the heading "Petitions."

(3)      Every member offering a petition to the Assembly shall confine himself or herself to the statement of the parties from whom it comes, the number of signatures attached to it and the material allegations it contains. No member shall speak for more than five minutes in so doing, unless by permission of the Assembly upon question put.

(4)      On presentation of a petition, no debate on it shall be allowed.

(5)      A member presenting a petition shall be answerable for any impertinent or improper matter that it contains.

(6)      Every member presenting a petition shall endorse the petition by signing the sheet containing the body of the petition or by attaching a signed statement to the petition stating: "This petition is endorsed as containing proper matter for consideration by the Yukon Legislative Assembly."

(7)      Petitions may be either written or printed, provided always that when there are three or more petitioners the signature of at least three petitioners shall be subscribed on the sheet containing the body of the petition.

(8)      Petitions do not have to be dated.

Report and Debate

66  (1)  On the sitting day following the presentation of a petition, the Clerk shall present a report upon the petition and such report shall be printed in the Votes and Proceedings of that sitting day and every petition so reported upon, not containing matter in breach of the privileges of the Assembly and which, according to the Standing Orders or practice of the Assembly, can be received, shall then be deemed to be read and received.

(2)      No debate shall be permitted on the report, but the petition referred to therein may be read by the Clerk, if requested by a member.

(3)      A petition that complains of some present personal grievance requiring an immediate remedy may be immediately debated.

(4)       A petition may request an expenditure, grant or charge on the public revenue.

(5)      A petition may raise a matter that has been delegated to another body by the Yukon Legislative Assembly.

Response by Executive Council

67    The Executive Council shall provide a response to a petition which has been received within eight sitting days of its presentation. The length of the ministerial response to the petition shall be no longer than five minutes.

 

Chapter 12 - Offer of Money to Members - Bribery in Elections

Corrupt Practices

68      It is a violation of the Criminal Code for a member to corruptly accept or obtain, agree to accept, or attempt to obtain any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted in the member's official capacity.

Proceedings in Cases of Corrupt Practices

69      If it shall appear that any member has been elected and returned as a member of the Assembly, or has endeavoured so to be, by bribery or any other corrupt practices, the Assembly will proceed with the utmost severity against all such persons as have been willfully concerned in such bribery or other corrupt practices.

 

Chapter 13 - Officers of the Assembly - Hansard

Duties of the Clerk of Assembly

70  (1)  The Clerk shall be responsible for the safekeeping of all the papers and records of the Assembly, subject to such orders as may be received from the Speaker or the Assembly.

(2)      The Clerk shall distribute to each member the Order Paper for that sitting day and the Votes and Proceedings for previous sitting days.

(3)      The Clerk shall employ such staff as are necessary to tend to the business of the Assembly.

(4)      The hours of attendance of the officers and staff of the Assembly shall be fixed from time to time by the Clerk.

Duties of the Sergeant-at-Arms

71  (1)  The Sergeant-at-Arms shall be responsible for the safekeeping of the Mace and of the furniture and fittings of the Assembly.

(2)      The Sergeant-at-Arms shall control admission to and preserve order in the galleries and other areas of the Assembly.

Hansard

72  (1)  There shall be a printed record of the deliberations and proceedings of the Assembly and Committee of the Whole, to be known as "Hansard," which shall be compiled, edited, printed and distributed under the authority of the Speaker in accordance with this Standing Order.

(2)      The Hansard shall be produced for each sitting day and every member shall receive two copies.

(3)      The Clerk shall provide for the editing of the transcript in accordance with the following:

(a) revisions shall be limited to the correction of grammar, spelling and punctuation, ensuring that the correct parliamentary forms are observed, and minimizing superfluous repetition and redundancies;
(b) no material alterations, nor any amendments which would in any way tend to change the sense of what has been spoken, shall be made;
(c) the transcript shall remain an accurate and, as far as possible, an exact report of what was said;
(d) a member who wishes to suggest a correction shall submit it to the Hansard editor by noon of the next sitting day;
(e) unless a member can demonstrate, to the satisfaction of the Hansard editor or, upon appeal, the Speaker, that he or she has been misreported, no change shall be made which alters the sense of anything a member has been recorded as saying;
(f) no member has a right to make any insertion as an afterthought nor to strike out a passage which he or she regrets having uttered.

 

Chapter 14 - Sittings of the Assembly

Notice of Assembly being called into Session

73  (1) Whenever the House stands adjourned for an indefinite or extended period of time and the Premier advises the Speaker that the public interest requires the House to meet, or to meet at an earlier time than that established by motion of the House, the Speaker shall give notice that the House shall meet at that time and, thereupon, the House shall meet to transact its business as if it had been duly adjourned to that time.

(2) The Premier shall advise the Speaker under this Standing Order in sufficient time to allow the Speaker opportunity to give a minimum of two weeks notice of the date on which the House shall meet.

(3) If the Premier advises that the House should meet due to a matter of urgent and pressing necessity without two weeks notice being provided, and the Speaker is satisfied that at least one of the other Leaders in the Assembly is in agreement as to the date of reconvening, the Speaker shall cause the House to meet with less than two weeks notice.

Business when Session of Assembly

Opens or is Reconvened

74   When a Session of the Assembly has opened or been reconvened, the Government shall introduce all legislation, including Appropriation Bills, to be dealt with during that Sitting by the fifth sitting day.

Length of Sittings of the Assembly

75  (1) There shall be a maximum of 60 sitting days per calendar year.

(2) When the Government has introduced all legislation, including appropriation bills, to be dealt with during a Sitting, the House Leaders shall meet for the purpose of achieving agreement upon the number of sitting days for that Sitting. The minimum number of sitting days for any Sitting shall be 20. The maximum number of sitting days for any Sitting shall be 40.

(3) When, pursuant to Standing Order 75(2), an agreement cannot be reached between the Government House Leader and at least one other House Leader representing a majority of the members of the Assembly, each of the Spring and Fall Sittings shall be a maximum of 30 sitting days.

(4) The Government House Leader shall inform the Assembly of the results of the House Leaders' meetings, held pursuant to Standing Order 75(2), within two sitting days of all Government legislation having been introduced.

(5) The Government House Leader, with notice, may move a motion to sit beyond the agreed upon number of sitting days in the Spring Sitting or the Fall Sitting. Such motion, which is subject to debate and amendment, shall specify the business to be dealt with during any additional sitting days.

(6) Sitting days added pursuant to Standing Order 75(5) shall be in addition to the maximum number of sitting days stipulated in Standing Order 75(1).

(7) The Standing Orders in this Chapter do not apply to Special Sittings of the Assembly that are called in addition to Spring and Fall Sittings.

(8) The maximum number of sitting days per calendar year or per Sitting may be adjusted in any year in which a general election takes place. In the absence of an agreement between House Leaders, the maximum number of sitting days for any Sitting which takes place following a general election shall be 30 sitting days.

(9) When there is agreement respecting the maximum number of days in any Sitting, these Standing Orders do not preclude the House from sitting fewer days than the maximum specified in the agreement.

Procedures at Conclusion of a Sitting

76  (1) On the sitting day that the Assembly has reached the maximum number of sitting days allocated for that Sitting pursuant to Standing Order 75, the Chair of the Committee of the Whole, if the Assembly is in Committee of the Whole at the time, shall interrupt proceedings at 5:00 p.m. and, with respect to each Government Bill before Committee that the Government House Leader directs to be called, shall:

(a) put the question on any amendment then before the Committee;
(b) put the question, without debate or amendment, on a motion moved by a Minister that the bill, including all clauses, schedules, title and preamble, be deemed to be read and carried;
(c) put the question on a motion moved by a Minister that the bill be reported to the Assembly; and
(d) when all bills have been dealt with, recall the Speaker to the Chair to report on the proceedings of the Committee.

(2) On the sitting day that the Assembly has reached the maximum number of sitting days allocated for that Sitting pursuant to Standing Order 75, the Speaker of the Assembly, when recalled to the Chair after the House has been in the Committee of the Whole, shall:

(a) call for the report from the Chair of the Committee of the Whole;
(b) put the question, in the usual fashion, on the motion to concur in the Chair's report on the proceedings of Committee of the Whole;
(c) with respect to each Government Bill on which debate has been adjourned at the Second Reading stage and designated to be called by the Government House Leader, put the question, without further debate, on the motion that the bill be read a second time, and, if that motion is carried, order that the bill stand immediately ordered for Third Reading; and
(d) with respect to each Government Bill standing on the Order Paper for Third Reading and designated to be called by the Government House Leader,
(i) receive a motion for Third Reading and passage of the bill, and
(ii) put the question, without debate or amendment, on that motion.

(3) On the sitting day that the Assembly has reached the maximum number of sitting days allocated for that Sitting pursuant to Standing Order 75, the Speaker of the Assembly, if in the Chair at the time, shall interrupt proceedings at 5:30 p.m. and shall:

(a) with respect to each Government Bill on which debate has been adjourned at the Second Reading stage and designated to be called by the Government House Leader, put the question, without further debate, on the motion that the bill be read a second time, and, if that motion is carried, order that the bill stand immediately ordered for Third Reading; and
(b) with respect to each Government Bill standing on the Order Paper for Third Reading and designated to be called by the Government House Leader,
(i) receive a motion for Third Reading and passage of the bill, and
(ii) put the question, without debate or amendment, on that motion.

(4) The Assembly shall then proceed with any routine business associated with the end of a Sitting including receiving the Commissioner to grant assent to bills and passing an end-of-Sitting adjournment motion.

(5) The normal time of adjournment shall not apply if it is reached during the course of the proceedings identified in this Standing Order. Further, a motion to adjourn the House shall not be permitted on the last sitting day of a Sitting until such time as all business identified in this Standing Order has been completed.

(6) The provisions of this Standing Order shall apply in any situation in which this Standing Order may be found to be in conflict with any other Standing Order.

(7) The provisions of this Standing Order shall apply to an interim supply appropriation bill on the final sitting day prior to the end of the fiscal year in which the bill is introduced.

Miscellaneous

77  (1) Any reference to a position or office such as House Leader shall, in these Standing Orders, be deemed, in the absence of the person occupying that position or office, to apply to the designate of the person holding that position or office.

(2) In these Standing Orders, "sitting" refers to a sitting day and "Sitting" refers to a block of sitting days with the common Sittings being the Spring Sitting and the Fall Sitting.

 

Appendix and Addenda

Appendix 1


FORMAT RESPECTING RESIGNATION FROM OR VACANCY IN THE ASSEMBLY


Written Resignation of a Member to the Speaker


ELECTORAL DISTRICT
OF _____________
YUKON LEGISLATIVE ASSEMBLY

To the Honourable the Speaker of the Yukon Legislative Assembly:

I, ______________, Member of the Yukon Legislative Assembly, for the Electoral District of _____________________ in Yukon, do hereby resign my seat in the Yukon Legislative Assembly.

Given under my hand this ____ day of _________ , _____

[Signature]

Witness:
Witness:
[N.B.: Two witnesses required]


Resignation of a Member in Absence of the Speaker:
Notification to the Deputy Speaker or to any two Members


ELECTORAL DISTRICT
OF _____________
YUKON LEGISLATIVE ASSEMBLY

To the Deputy Speaker of the Yukon Legislative Assembly

                                                or

Two Members of the Yukon Legislative Assembly for the Electoral Districts of

____________________________________________________________________

I, __________ , Member of the Yukon Legislative Assembly for the Electoral District of _____________ in Yukon, do hereby resign my seat in the Yukon Legislative Assembly.

Given under my hand this _____ day of _________ , _____

[Signature]

Witness:
Witness:
[N.B.: Two witnesses required]

 


Vacancy in the Assembly, Notification to the Clerk by the Speaker
or by any two Members


ELECTORAL DISTRICT
OF ____________
YUKON LEGISLATIVE ASSEMBLY

I, (We), the undersigned, hereby give notice, pursuant to the provisions of the Legislative Assembly Act, that a vacancy has occurred in the representation of the Yukon Legislative Assembly, for the Electoral District of _____________ , in Yukon, by reason of [cause of vacancy and name of Member vacating seat], the Member therefor.

Given under my (our) hand(s), at ________________________, this ____ day of __________ , ______

[Signature(s)]

Speaker of the Legislative Assembly

or

Member for the Electoral District of __________ and
Member for the Electoral District of __________

Appendix 2

MODEL PETITION

To the Yukon Legislative Assembly:

This petition of the undersigned shows:

THAT [here state reason for submitting petition]

THEREFORE, the undersigned ask the Yukon Legislative Assembly

to [state such action as may be desired].

 

[Signatures]

Appendix 3

YUKON LEGISLATIVE ASSEMBLY

__________________________

CERTIFICATE TO BE FILED

BEFORE WITNESS ATTENDS

PURSUANT TO STANDING ORDER 48(1):

"No witness shall attend before any Committee unless a written statement has first been filed with the Chair of the Committee by a Member thereof, stating that the evidence to be obtained from the witness is material and important."

___________________

TO THE CHAIR OF

____________________________________________________________________

In my opinion the evidence to be obtained from

____________________________________________________________________

is material and important in the discussion respecting

____________________________________________________________________

____________________________________________________________________

______________________             ______________________
           Date                                                  Signature 

[Please file this with the Chair or the Committee

Clerk as far in advance as possible.]

Addenda

YUKON LEGISLATIVE ASSEMBLY
GUIDELINES FOR ORAL QUESTION PERIOD

General Statement

A question seeking information about a matter which falls within the administrative responsibility of the Government of Yukon is in order. An answer which provides information sought through a question is in order.

Specific Rules

1.    A question ought to address a matter of public importance.

2.    A question ought to seek information and cannot be based on a hypothesis or seek an opinion, legal or otherwise. It must not suggest its own answer or be argumentative.

3.    A question asking for a specific statement of government policy is in order. A question which seeks an opinion about government policy is out of order. A question which asks the Premier if a statement made outside the House by a Minister conforms with government policy is in order.

4.    A question must relate to a matter within the administrative responsibility of the Government of Yukon. A Minister to whom a question is directed is responsible only for his or her present portfolio.

5.    A question may not ask for a legal interpretation of a statute.

6.    Each member asking a question which is in order shall be allowed two supplementary questions.

7.    A brief preamble will be allowed in the case of the main question and a one-sentence preamble will be allowed in the case of each supplementary question.1 A repeat of a question that a Minister did not hear does not constitute a supplementary.

8.    A question must adhere to the proprieties of the House in that it must not contain inferences, impute motives or cast aspersions upon persons within the House or out of it.

9.    A reply to a question should be as brief as possible, relevant to the question asked, and should not provoke debate.

10.  A Minister may decline to answer a question without stating the reason for his or her refusal. Insistence on an answer is out of order. A refusal to answer cannot be raised as the basis of a question of privilege.

11.  A question is out of order if it deals with a matter that is before a court. In civil matters, however, this restriction will not apply unless and until the matter is at trial.

12.  A question is out of order if it seeks information about matters which are in their nature secret such as the proceedings of Cabinet. It is, however, in order to ask if a certain matter has been considered by Cabinet.

13.  A question is out of order if it seeks information from the Chair of a Committee about proceedings in a Committee which has not yet made its report to the House but is in order if it asks only if the Committee has considered a certain matter, when the Committee will next meet, or when a Committee report will be tabled in the House.

14.  A question addressed to the Speaker is out of order.

15.  In all cases not provided for within these guidelines, the usages and customs of the House of Commons of Canada, as in force at the time, shall be followed.


1 Over the years a practice has developed whereby Speakers will allow questions up to approximately on minute in length, and responses of approximately one and one-half minutes. Speakers reserve the discretion to depart from this practice from time to time should the circumstances warrant.


Adopted April 13, 1983
Revised October 25, 2001
Revised April 4, 2002

____________________

 

YUKON LEGISLATIVE ASSEMBLY
GUIDELINES FOR THE USE OF ELECTRONIC DEVICES IN THE CHAMBER

General Statement

The use of electronic devices is authorized to allow Members to more fully perform their parliamentary duties while in the Legislative Assembly Chamber.  The established rules and practices designed to facilitate the proceedings, and preserve order and decorum in the Chamber, prevail at all times.

Specific Rules

1.    Members may use electronic devices int he Chamber at all times, with the following exceptions:
       a. Whenever the Commissioner of Yukon is present to deliver the Speech from the Throne, to grant Assent to bills; or for any other official or ceremonial purpose.
       b. Whenever the Speaker is offering prayers, ruling on a point of order, giving a statement on a procedural (or other) matter; or putting a motion to the House.
       c. During the Oral Question Period.
       d. When a point of order or question of privilege is raised.
       e. During the taking of a Division, or during a Count in Committee of the Whole.
       f. At any other time so designated if, in the opinion of the Speaker or Chair of Committee of the Whole, the use impinges on the decorum or dignity of the proceedings.

2. Departmental officials present during Committee of the Whole are authorized to use electronic devices in the same manner as Members of the Legislative Assembly.  

3. Electronic devices must be configured to be used in silent mode.  

4. Electronic devices may not be used as a phone in the Chamber.  

5. Electronic devices may not be used as a recording device, camera, or pager.

____________________


Adopted October 29, 2012