Yes. I have the list of criteria as decided by the committee on procedure and House affairs. Under the Standing Orders, the criteria made by the procedure and House affairs committee are in fact part of the Standing Orders, although not contained therein.
The four criteria include items 3 and 4. I'll read them both. Item 3 is the item on the basis of which opposition members opposed allowing Bill C-391 to go forward while Bill C-301 was on the order paper. On the argument there, the criteria is, “Bills and motions must not concern questions that are substantially the same as ones already voted on by the House of Commons in the current session of Parliament, or as ones preceding them in the order of precedence.” That criteria is no longer met.
Criteria number 4 is, I assume, what is being referred to here. It states, “Bills and motions must not concern questions that are currently on the Order Paper or Notice Paper as items of government business.”
The Order Paper and Notice Paper are instruments of the House of Commons. Bill S-5 is in the Senate and therefore is on neither the order paper nor the notice paper. Therefore, there is no need to fear that Bill C-391 would in any way be out of order on the basis of where Bill S-5 is. It would be different if Bill S-5 had been passed by the Senate and was now before the House on the Order Paper and Notice Paper, but it isn't.