Substantive Motion Definition
You can try to change the wording of a background request by submitting a change request to it in the table desktop. If you wish to add your name to another Member`s motion or amendment, you may also do so at the Bureau of the Bureau. See for example, Journals, June 21, 1994, pp. 633-4, 637-8 (when it was moved to adjourn debate during the reporting phase of a bill for which the Standing Orders provided for 78 times); June 18, 2013, pp. 3437-8 (date on which it was deferred during debate on a question of privilege); May 29, 2014, pp. 1092-4 (when carried over to routine proceedings during debate on a request for consent in a committee report). (b) To be sufficient, a claim must contain a statement supported by appropriate evidence so that, if not rebutted, it would justify the relief sought. The burden of proof lies with the applicant. Rules of procedure 25.
On one occasion, the Speaker denied a request for deferral because the House had approved the presentation of the budget later in the sitting (Debates, May 23, 1985, p. 4984). In other cases, after accepting orders to extend sittings, the Speaker of Parliament refused to move the adjournment (Debates, December 7, 1990, p. 16470; October 20, 1997, p. 866). Substantive claims are when a party asks the court to order something important about the lives of the parties. For example, the application could relate to custody, child support, property issues or other substantive issues. Prior to 1913, the Standing Orders provided that a limited number of questions could be decided without debate; Until then, however, it was customary for all motions to be debated unless there was a rule or practice to the contrary.14 In 1913, the Standing Orders were amended so that all motions were to be decided without debate or amendment, unless they were expressly recognized as controversial in the Standing Orders.15 The Standing Orders therefore list the types of motions: that are contested, and states that, unless otherwise provided in the rules, all others are adopted without debate or amendment.16 Extended negative amendments delete all words after “that” in a motion to replace a proposal with the opposite conclusion of the original motion.
See, for example, Journals, June 6, 1923, pp. 437-8; October 16, 1970, p. 28; Debates, August 11, 1988, pp. 18192, 18212–3; October 29, 1991, pp. 4189-4192. A proposal must be drafted in such a way that, if adopted in plenary, “it can immediately become a resolution. or the order it claims to be”.11 For example, it is common for the text of an application to begin with the word “That.” Although there are examples of requests with preambles, these are generally considered to be inconsistent with usual practice.12 It is customary to answer requests in the affirmative. An application must not contain offensive or irregular language. It should not be argumentative or speech-style.13 See Speaker Lemieux`s comments (Debates, May 26, 1928, pp. 3419-20).
On that occasion, the previous question was tabled and a subsequent request to defer the debate was denied. In 1995 and 2012, following the deferral of the previous question, a request to defer debate was made and denied (Journals, May 9, 1995, p. 1449; May 10, 1995, p. 1459-60; November 22, 2012, pp. 2335-6). Exceptions occurred on March 27, 1991, when the vote on the main motion was unanimously deferred to a later date of the session (Journals, p. 2839), and on June 18, 2014, when the vote on the main motion was deferred to a future session pursuant to a special order previously adopted by the House of Representatives (Journals, June 18, 2014, pp. 1309-11; May 27, 2014, pp.
1067-70). Once the previous question has been adopted, the roll-call vote on the main application may be postponed to a Friday (Rule 45(6)(a)). With the consent of the whips of all other recognized parties (and, in the case of Private Members` Business, with the consent of the Sponsor of the Member), the Chief Government Whip may request that the Speaker defer (or further deferre) the recorded division of the principal application (Standing Order 45(7)). Deferral requests replace motions to resolve the original matter before the House, either provisionally or permanently. While requests for deferrals are often made for the express purpose of causing delays, they can also be used to advance the business of the House. Thus, requests for postponement are used by both the government and the opposition. An amendment emerges from the debate and is proposed either to modify the original amendment to make it more acceptable to the House, or to table another proposal as an alternative to the original proposal. Notice23 is not required and is made in writing to the Chair.24 The requirement that a motion be made in writing ensures that, if in order, the motion is presented to the House exactly as it was formulated by the proposer.
No amendments may be tabled during Question and Comment Period after each Member`s speech on the main motion. After an amendment has been tabled, supported and assessed for procedural adequacy, the Speaker proposes it to the plenary.25 Debate on the main motion is suspended and the amendment is debated until its decision has been made, after which debate on the main motion (whether amended or not) continues and further amendments may be tabled. In certain cases provided for in the Rules of Procedure (e.g. in the budget debate), the number of amendments and subordinations that can be tabled is limited. Special provisions also allow motions to amend a bill to be considered at the report stage to be grouped together. For more information on these particular circumstances, see Chapter 16 “The legislative procedure” and Chapter 18 “Financial procedure”. The Standing Orders provide that the House adjourns at a certain time each day.102 However, a Member may table a request “That the House now adjourn” at another time during the sitting. If the motion is approved, the plenary shall immediately adjourn until the next day of the sitting.
With the exception of non-voting items relating to private members` business and motions for assent to committee reports, the motion before the House at this time will not be removed from the Orders of the Day, but will simply be deferred until the next sitting day on which it can be resumed.103 There are only four documented cases of its use in the 19th century. In 1913, a remarkable event occurred in relation to the previous question, when the government, seeking ways to end the protracted debate on its Naval Assistance Act, introduced a motion introducing three new rules of procedure, including the closure rule, and then eliminating any possibility of amendment by deferring the previous question immediately thereafter.48 The new rules were adopted after days of bitter debate,49 and the immediate consequence of this was the application of the closure rule to the debate on the Naval Assistance Act.50 In the late 1920s, and again in the 1940s and early 1950s, the previous question was used fairly regularly. After almost 19 years without being used at all,51 it was widely used again in the 1980s and 1990s and is still used regularly.52 See, for example, Journals, 18 January 1973, pp. 48–9; Debates, February 10, 1998, pp. 3650, 3653, 3656. The speaker decided that if a subamendment was found to have the character of an amendment to the main proposal, the proposer of the subamendment should wait until the first amendment was defeated before reintroducing the motion as another amendment (Journals, November 29, 1944, pp. 933-5). Requests for adjournment are called requests for deferral only if they are used to interrupt debate and replace the original question before the House.
