Misplaced Pages

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63-518: The National Airports Policy is a program of the Government of Canada involving the privatization or private operation of nearly all of the country's airports that was commenced during the 1990s. The policy continues to be controversial in Canada because of the greatly increased airport fees that have resulted and the ongoing inability of airports to meet infrastructure requirements. For example,

126-409: A convention , discharge a committee, and postpone an event or action previously scheduled – are more difficult to pass if previous notice has not been given. Often, a majority of the entire membership or a two-thirds vote is required if previous notice has not been given. This rule is intended to protect the rights of absent members. Sometimes, when moving a motion of which notice has been given,

189-481: A Standing Order, Annulment, or Rescission. The repeal of a standing order is normally made as part of an order creating a new standard order. An annulment is used to declare proceedings to be null and void because of some form of irregularity in procedure. Renewals in the form of a rescission of a resolution made in earlier sessions is not prohibited by the practice of the House of Commons, but is seldom done. Technically it

252-484: A failed motion to reconsider cannot be reconsidered without unanimous consent. Since it is not possible to amend an amendment to an amendment, a member desiring to prevent amendments to his proposed language can do so by including it in a secondary amendment. Another parliamentary maneuver, which has been used in the United States Senate , is the so-called " nuclear option " in which a majority sidesteps

315-422: A member, instead of reading aloud the entire text, will simply say "I move the motion which stands in my name". There are different types of motions. Robert's Rules of Order Newly Revised (RONR) divides motions into five classes: Classes 2, 3 and 4 are collectively referred to as " secondary motions ". The Standard Code of Parliamentary Procedure treats the fifth class as a type of main motion, under

378-414: A motion should be phrased in a way to take an action or express an opinion. A motion to not do something should not be offered if the same result can happen without anything being done. Such a motion could result in confusion if the assembly does not want to not do it. The process of handling motions generally involves the following steps, depending on the motion and the rules of order in use: A motion

441-419: A pre-agreed volume detailing the correct parliamentary procedure, such as Robert's Rules of Order ; The Standard Code of Parliamentary Procedure ; or Lord Citrine 's The ABC of Chairmanship . Motions are used in conducting business in almost all legislative bodies worldwide, and are used in meetings of many church vestries, corporate boards, and fraternal organizations. Motions can bring new business before

504-459: A previous action, Ratify, Reconsider, Rescind, and Resume Consideration. This book treats the motion to rescind and the motion to amend something previously adopted as two distinct motion forms under the "Restorative Main Motions" title. Also, the motion to discharge a committee is not used in this book because it allows a motion previously referred to committee to be withdrawn from the committee by

567-515: A question , division of the assembly , motions relating to nominations , motions relating to methods of voting and the polls , objection to the consideration of a question , point of order , request to be excused from a duty , suspend the rules , and the requests and inquiries ( parliamentary inquiry , request for information , request for permission to withdraw or modify a motion , request to read papers , and request for any other privilege ). Most incidental motions are undebatable. Unlike

630-412: A question again before the assembly are types of motions that are used to consider again a question that was previously disposed of. Robert's Rules of Order Newly Revised groups four motions under the classification name of "Motions that bring a question again before the assembly", because by their adoption or by their introduction, they serve the function described by the name of the class: Take from

693-586: A question; that is, they bring a question back to its original status—as it was prior to the last vote on it. Generally only one motion can be considered at a time. There is a precedence, or ranking of the motions, when multiple motions are made. Each type of motion exists for a specific purpose. However, motions have been used beyond their stated purpose. Motions should not be made for dilatory or improper uses. Motions can accomplish results beyond their stated and obvious purpose. An example in Robert's Rules of Order

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756-548: Is alternatively known as His Majesty's Government (French: Gouvernement de Sa Majesté ) and is corporately branded as the Government of Canada . There are over 100 departments and agencies, as well as over 300,000 persons employed in the Government of Canada. These institutions carry out the programs and enforce the laws established by the Parliament of Canada . The federal government's organization and structure

819-435: Is closely tied to the parliamentary concept of "session". Sessions in ordinary societies usually consist of one meeting, but legislative sessions can continue for months or years. A motion that has been rejected (voted down) in one session, cannot be easily brought up again in that session, but can be renewed in following sessions as a new motion. Robert's Rules of Order Newly Revised provides exceptions to non-renewal through

882-403: Is dilatory if there cannot possibly be two reasonable opinions about the ruling. Likewise, a motion for a division of the assembly is dilatory if the results of the voice vote are already clear to any reasonable person. The repetitive use of privileged motions can also be dilatory, such as repeatedly moving to adjourn when it has been voted down and nothing indicates that the assembly wants to end

945-582: Is for members to not answer when their name is called during the quorum roll call. The problem of dilatory tactics in such bodies dates back to the beginnings of parliamentary procedure in England and the United States. Jefferson's Manual , for instance, only requires the Speaker to direct a bill to be read upon the desire of any member "if the request is really for information and not for delay." In

1008-407: Is not allowed. Reasonableness is often used as a criterion in deciding whether a motion is dilatory. Some types of motions are suitable only for specific circumstances, and their use is otherwise absurd and dilatory. For instance, a motion to refer (commit) a resolution to a committee is dilatory if its object would be defeated by the delay in taking action. A motion to appeal the ruling of the chair

1071-422: Is not required. Normally, this is a motion that introduces a substantive question as a new subject, in which case it is also called an original main motion . Otherwise, it is an incidental main motion , examples of which are the motions to adopt recommendations of a committee, to ratify action previously taken without a quorum, to rescind an action previously taken, or to adjourn or recess while no main motion

1134-402: Is not the necessary calm for considering the question in all its aspects." Renewal of a motion is the act of bringing up again a motion that has already been disposed of by the deliberative assembly. Generally, the assembly cannot be asked to decide the same question, or substantially the same question, as one it has already decided upon in the same session . The underlying principle behind

1197-473: Is pending. Unlike original main motions, incidental main motions cannot have an objection to the consideration of the question applied to them. A subsidiary motion is a type of motion by which a deliberative assembly deals directly with a main motion prior to (or instead of) voting on the main motion itself. Each subsidiary motion ranks higher than the main motion and lower than the privileged motions, and also yields to applicable incidental motions. Some of

1260-427: Is proposed by a member of the body, for the consideration of the body as a whole. Generally, the person making the motion, known as the mover, must first be recognized by the chairman as being entitled to speak; this is known as obtaining the floor. Once the mover has obtained the floor, the mover states the motion, normally prefixed with the phrase "I move." For instance, at a meeting , a member may say, "I move that

1323-433: Is regarded as a new question: the form being to read the previous resolution of the House and to move that it be rescinded. This power of rescission has been used sparingly and then only in the case of substantive motions. The reasons why open rescission is so rare is that the House instinctively realizes that parliamentary government requires the majority to abide by a decision regularly come to, however unexpected, and that it

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1386-599: Is shared by multiple institutions of government acting under the sovereign's authority. The executive is thus formally referred to as the King-in-Council . On the advice of the Canadian prime minister, the sovereign appoints a federal viceregal representative —the governor general (currently Mary Simon )—who, since 1947, is permitted to exercise almost all of the monarch's royal prerogative ; though, there are some duties which must be specifically performed by

1449-428: Is using the motion to postpone indefinitely in order to enable members who have exhausted their right of debate on the main question an opportunity to speak further and to test the strength of opposition to the question, since straw polls are not in order. Another example of strategic use of motions is moving to reconsider in order to "clinch" a decision on the primary motion and prevent its reconsideration later, since

1512-709: The Canadian Crown . In press releases issued by federal departments, the government has sometimes been referred to as the current prime minister's government (e.g. the Trudeau Government ). This terminology has been commonly employed in the media. In late 2010, an informal instruction from the Office of the Prime Minister urged government departments to consistently use, in all department communications, such phrasing (i.e., Harper Government , at

1575-583: The King's Privy Council for Canada is the body that advises the sovereign or their representative on the exercise of executive power. This task is carried out nearly exclusively by the Cabinet, which functions as the executive committee of the Privy Council that sets the government's policies and priorities for the country and is chaired by the prime minister. The sovereign appoints the members of Cabinet on

1638-435: The Parliament of India there are broadly three categories of motion:- 1) Substantive Motion 2) Substitute Motion 3) Subsidiary Motion- it is further classified into ancillary motion, supersiding motion and amendment. A main motion is a motion that brings business before the assembly. Main motions are made while no other motion is pending. Any of the subsidiary, incidental and privileged motions may be made while

1701-467: The advice of the King's Privy Council for Canada , referred to as the King-in-Council . However, the Privy Council—consisting mostly of former ministers, chief justices , and other elder statesmen—rarely meets in full. In the construct of constitutional monarchy and responsible government , the advice tendered is typically binding, meaning the monarch reigns but does not rule , with

1764-642: The federal departments and agencies , staffed by the Public Service of Canada , and the Canadian Armed Forces . One of the main duties of the Crown is to ensure that a democratic government is always in place, which includes the appointment of a prime minister , who heads the Cabinet and directs the activities of the government. Not outlined in any constitutional document, the office exists in long-established convention , which stipulates

1827-716: The head of government , who is invited by the Crown to form a government after securing the confidence of the House of Commons , which is typically determined through the election of enough members of a single political party in a federal election to provide a majority of seats in Parliament, forming a governing party . Further elements of governance are outlined in the rest of the Canadian constitution , which includes written statutes in addition to court rulings and unwritten conventions developed over centuries. Constitutionally,

1890-419: The Cabinet ruling "in trust" for the monarch. However, the royal prerogative belongs to the Crown and not to any of the ministers, and there are rare exceptions where the monarch may be obliged to act unilaterally to prevent manifestly unconstitutional acts. The stipulations of responsible government require that those who directly advise the Crown on the exercise the royal prerogative be accountable to

1953-485: The Crown formed in Cabinet in conventional practice); within the conventional stipulations of a constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited. The term Government of Canada , or more formally, His Majesty's Government refers to the activities of the King-in-Council . The day-to-day operation and activities of the Government of Canada are performed by

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2016-527: The Crown must select as prime minister the person most likely to command the confidence of the elected House of Commons , who, in practice, is typically the leader of the political party that holds more seats than any other party in that chamber (currently the Liberal Party , led by Justin Trudeau ). Should no particular party hold a majority in the House of Commons, the leader of one party—either

2079-600: The US Senate, there are no formal rules against dilatory tactics except under cloture . Between 1831 and 1900, dilatory votes to adjourn composed more than 10 percent of all Senate votes, and successfully delayed recognition of Louisiana's Reconstruction government until 1868. According to Sarah Binder, in the 46th United States Congress , motions to adjourn consumed 23 percent of all floor votes. Speaker Thomas Brackett Reed famously took countermeasures against dilatory tactics, such as ruling dilatory motions out of order, and

2142-466: The advice of the prime minister who, by convention, are generally selected primarily from the House of Commons (although often include a limited number of members from the Senate ). During its term, the government must retain the confidence of the House of Commons and certain important motions , such as money bills and the speech from the throne , are considered as confidence motions . Laws are formed by

2205-412: The assembly or consist of numerous other proposals to take procedural steps or carry out other actions relating to a pending proposal (such as postponing it to another time) or to the assembly itself (such as taking a recess). A motion is a formal proposal by a member to do something. Motions are the basis of the group decision-making process. They focus the group on what is being decided. Generally,

2268-470: The assembly, in which case the secretary is to record it in the minutes , or notifies the secretary outside of the meeting. In either case, the secretary is to include in the call of the next meeting the motion's text, often accompanied by the name of the person who intends to move it. Certain motions – specifically, the motions to adopt or amend special rules of order, rescind, repeal or annul or amend something previously adopted, amend standing rules in

2331-414: The assembly. The motion to ratify is also included in this group. Demeter's Manual of Parliamentary Law and Procedure uses the term, "restoratory", for a group of six motions that restored or brought a question back before the assembly: Expunge, Ratify, Rescind, Reconsider, Reconsider and Enter, and Take from the table. These "restoratory" motions are quasi-main motions that restore the status quo of

2394-411: The body immediately seconds the motion. Once the chair states the motion, it becomes the property of the assembly and the mover cannot modify it or withdraw it without the assembly's consent. Previous notice is an announcement that a motion will be introduced at a future meeting of a deliberative assembly. Previous notice can be given in one of two ways. A member either announces it at a meeting of

2457-409: The chair may feel the need to elicit relevant facts from members. According to Robert's Rules of Order Newly Revised , the privileged motions are, in order of precedence: The Standard Code of Parliamentary Procedure omits Fix the time to which to adjourn, instead providing that the motion to adjourn may be amended with regard to the time to which to adjourn. This book also omits Call for orders of

2520-416: The control of a private company, Nav Canada . Government of Canada The Government of Canada ( French : Gouvernement du Canada ) is the body responsible for the federal administration of Canada . The term Government of Canada refers specifically to the executive, which includes ministers of the Crown (together in the Cabinet ) and the federal civil service (whom the Cabinet direct); it

2583-416: The day, on the grounds that any member may raise a point of order if the scheduled order of business is not being followed. An incidental motion is a motion that relates in varying ways to the main motion and other parliamentary motions. Robert's Rules of Order Newly Revised lists the following incidental motions: appeal the decision of the chair , consideration by paragraph or seriatim , division of

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2646-417: The elected House of Commons and the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in Parliament, known as the Cabinet . The monarch and governor general typically follow the near-binding advice of their ministers. The royal prerogative, however, belongs to the Crown and not to any of the ministers, who only rule "in trust" for

2709-562: The fees charged to carriers and general aviation by the Greater Toronto Airports Authority at Toronto Pearson International Airport are among the highest in the world. The Liberal Transport Minister who oversaw the creation of the policy, Doug Young , was later quoted as saying it was the worst decision of his career and that he regretted its implementation. Canada also privatized its air traffic control and air navigation systems, placing them under

2772-409: The group donate $ 5 to Misplaced Pages." Instead of being given verbally, a motion may be made in writing, in which case it is called a proposed or draft resolution. If the motion is in writing, the mover says "I move the resolution at the desk" or "I move the following resolution" and then reads it. Generally, once the motion has been proposed, consideration by the assembly occurs only if another member of

2835-409: The main motion is pending, and in many cases these motions, if passed, will affect the assembly's consideration of the main motion. When greater formality is desired, the main motion may be made in the form of a resolution , which is always submitted in writing. A preamble containing several paragraphs explaining background information or justification for the proposed action is often included, but

2898-430: The meeting. A presiding officer has a duty to protect the assembly from the abuse of parliamentary processes for dilatory purposes. The chair can rule the motions out of order or refuse to recognize the member, but the maker of the motion should be given the benefit of the doubt. In legislative bodies, dilatory motions can take the form of demanding quorum calls and votes at every opportunity. Another dilatory tactic

2961-400: The monarch and who must relinquish the Crown's power back to it upon losing the confidence of the commons, whereupon a new government, which can hold the lower chamber 's confidence, is installed by the governor general. The royal and vice-royal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of the reserve powers ), thereby allowing

3024-450: The monarch themselves (such as assent of certain bills). In case of the governor general's absence or incapacitation, the administrator of Canada performs the Crown's most basic functions. As part of the royal prerogative, the royal sign-manual gives authority to letters patent and orders-in-Council . Much of the royal prerogative is only exercised in-council, meaning on the advice of the King's Privy Council for Canada ( ministers of

3087-424: The monarch to make sure "that the government conducts itself in compliance with the constitution." Politicians can sometimes try to use to their favour to obscure the complexity of the relationship between the monarch, viceroy, ministers, and Parliament, as well as the public's general unfamiliarity with such. Motion (parliamentary procedure) The possible motions in a deliberative assembly are determined by

3150-468: The motions to Reconsider, Rescind, or Amend Something Previously Adopted. In the British House of Commons , a motion or an amendment which is the same, in substance, as a question which has been decided during a session may not be renewed again in that same session. Such substantive motions can be renewed in succeeding sessions as new motions. Reversals of earlier decisions can be done by Repeal of

3213-413: The non-renewal of a motion dates back to at least April 2, 1607, when the House of Commons adopted a rule "That a question being once made, and carried in the affirmative or negative, cannot be questioned again, but must stand as a judgement of the House". Over the past 400 years, various rules have evolved by precedent to allow and manage renewal of motions under specific circumstances. Renewal of motions

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3276-439: The original question before the House either for the time being or permanently," and includes, for instance, motions to proceed to the orders of the day; postpone definitely; adjourn; and so on. Jeremy Bentham held that such types of dilatory motions are useful, stating, "Precipitation may arise from two causes: from ignorance, when a judgment is formed without the collection of all the information required—from passion, when there

3339-468: The party with the most seats or one supported by other parties—will be called by the governor general to form a minority government . Once sworn in, the prime minister holds office until their resignation or removal by the governor general, after either a motion of no confidence or defeat in a general election . The executive is defined in the Constitution Act, 1867 as the Crown acting on

3402-519: The passage of bills through Parliament, which are either sponsored by the government or individual members of Parliament. Once a bill has been approved by both the House of Commons and the Senate, royal assent is required to make the bill become law. The laws are then the responsibility of the government to oversee and enforce. Under Canada's Westminster-style parliamentary democracy , the terms government and Government of Canada refer specifically to

3465-478: The prime minister, Cabinet, and other members of the governing party inside the House of Commons , but typically includes the federal public service and federal departments and agencies when used elsewhere. This differs from the United States , where the executive branch is referred to as an administration and the federal government encompasses executive, legislative, and judicial powers, similar to

3528-418: The privileged and subsidiary motions, incidental motions have no order of precedence among themselves. They take precedence over any pending question out of which they arise. Some incidental motions are only legitimately incidental at certain times or under certain conditions. For instance, the objection to the consideration of a question can only be raised before there has been any debate. Motions that bring

3591-569: The subsidiary motions may also be applied to certain other subsidiary motions, incidental motions and privileged motions. Robert's Rules of Order Newly Revised recognizes seven subsidiary motions. Ranked lowest to highest in order of precedence, they are the motions to: The Standard Code of Parliamentary Procedure differs as follows: A privileged motion is a motion that is granted precedence over ordinary business because it concerns matters of great importance or urgency. Such motions are not debatable, although in case of questions of privilege,

3654-417: The table , Rescind or amend something previously adopted , Discharge a committee , and Reconsider . Except for the motion to Reconsider, these motions are main motions and can only be made when no business is pending. The Standard Code of Parliamentary Procedure classifies five "bring back" motions under the classification of main motions but lists them under the title of "Restorative Main Motions": Amend

3717-401: The time), in place of Government of Canada . The same Cabinet earlier directed its press department to use the phrase Canada's New Government . Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political. The monarch is vested with all powers of state and sits at the centre of a construct in which the power of the whole

3780-637: The title "Restorative Main Motions". Mason's Manual of Legislative Procedure has a similar classification of motions. The United States Senate and House of Representatives have their own specialized motions as provided in the Standing Rules of the United States Senate and the procedures of the United States House of Representatives , respectively. Parliaments also have their own specialized motions. In

3843-485: The two-thirds vote requirement to suspend the rules by raising a point of order in favor of their favored interpretation of the rules, followed by an appeal in which the interpretation is then imposed by a majority vote. Dilatory tactics or motions are those tactics used to delay or obstruct business, annoy the deliberative assembly, or, in legislative procedure, to delay consideration of a subject. Unlike using motions for strategic purposes, using them for dilatory purposes

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3906-467: Was established at Confederation , through the Constitution Act, 1867 , wherein the Canadian Crown acts as the core, or "the most basic building block", of its Westminster-style parliamentary democracy . The monarch, King  Charles III is head of state and is personally represented by a governor general (currently Mary Simon ). A prime minister (currently Justin Trudeau ) is

3969-587: Was sustained by the house. Some legislatures impose quotas on dilatory motions. For instance, the Nova Scotia House of Assembly imposes a maximum of one motion to hoist , one motion to refer to a committee, and one reasoned amendment per reading. The Rules of the U.S. Congress as revised in 1911 declare that no dilatory motion shall be entertained by the Speaker. The term "dilatory motion" does not always refer to an ill-intentioned motion. In Canada, "dilatory" motions refer to those "designed to dispose of

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