I am now prepared to rule on the point of order raised on November 21, 2024, by the member for La Prairie regarding the designation of the final four supply days for the period ending on December 10, 2024.
In his point of order, the member for La Prairie asked whether the Chair would intervene to designate the remaining opposition days in the hypothetical case that the two questions of privilege before the House remain under consideration through the end of the current supply period. The member said that the Standing Orders provide for four more opposition days this fall and that, in the past, the Chair has designated days to meet the requirements of the Standing Orders. He also raised the possibility of temporarily setting aside the questions of privilege if it is necessary for the making of appropriations.
In my statement of November 21, 2024, on the same topic, I encouraged the House leaders to discuss a solution that would enable the House to reconcile these various responsibilities. The discussions do not seem to have been productive. Although the government has designated three opposition days, including today's, the Chair notes that the House has been unable to take up the business of supply at the required time. The House remains in the situation described by the member for La Prairie.
The House is solely responsible for granting supplies to the Crown, as provided by Standing Order 80(1). To that end, at the start of each session, it establishes a continuing order of the day for the consideration of supply. That order, as House of Commons Procedure and Practice, third edition, explains at page 838, “remains on the agenda as an item of Government Orders and may be taken up at any time at the government’s discretion.”
In other words, the designation of the days allotted to the business of supply is normally a prerogative of the government, and this business is considered during Government Orders.
The House executes its supply responsibilities through a very specific mechanism, which is described in Standing Order 81. Adopting one or more appropriations bills granting sums to defray charges and expenses of the federal public administration is the final step of that process. For the current supply period, such a bill must be adopted by December 10. Under Standing Order 81(17), the Chair is required, no later than the last day of this period, to interrupt proceedings and put every question necessary to dispose of these appropriations.
That said, one principle of our parliamentary government is that members have the right to air grievances before considering the government's financial requirements. There exists a vital balance between grievances and supply, the former being considered on supply days. What is to be done if the government is unable to designate those days?
The member for La Prairie raised the Chair's role in this situation by citing an important precedent. On Thursday, March 22, 1990, a dispute between the government and the opposition prevented the last two opposition days that could be allotted for the supply period ending on March 26 from being designated. Consequently, on that day, Speaker Fraser designated Friday, March 23, and Monday, March 26, 1990, as opposition days. In a ruling rendered on March 26, 1990, on page 9759 of the Debates, he explained, and I quote:
The Standing Orders list the number of allotted days there will be in each supply period and where the Government has failed to designate sufficient days to meet the requirements of the Standing Orders, by attrition those days left in the period must become allotted days, when no other alternative is possible in order to comply with the Standing Orders.... [H]ence Friday and today had to become opposition days, whether specifically designated by the Government or not.
However, the House was not considering questions of privilege when Speaker Fraser had to rule on the issue.
In the statement of November 21, 2024, the Chair outlined the House's responsibility to grant supplies, in accordance with the specific mechanisms provided by the Standing Orders. The Chair also remarked that a privilege motion must take priority over all other orders of the day; still, this practice is not absolute. As we have seen on a few occasions this fall, the House may, through a special order or under a unique specific standing order, require a particular action to be taken at a particular time. For example, pursuant to Standing Order 66, the House resumed consideration of motions to concur in committee reports after debate on them had been adjourned, even though these motions were orders of the day.
In the same vein, the continuing order of the day for supply enables, and in fact the Standing Orders require, the House to dispose of supply matters by December 10, 2024. Despite the questions of privilege before the House, the Chair must conclude that the provisions of the Standing Orders governing the consideration of supply remain in effect. The Chair further concludes that the balance between the allotted days and the adoption of appropriations must be maintained and that, as a result, the remaining supply days must take place.
Since four supply days are yet to be designated and 48 hours’ notice is required for opposition motions, unless the House decides otherwise, the Chair declares that the last four sitting days in the current period—namely, Thursday, December 5, Friday, December 6, Monday, December 9, and Tuesday, December 10, 2024—will be allotted days.
During the sittings of Thursday, December 5; Friday, December 6; and Tuesday, December 10, consideration of the questions of privilege under Orders of the Day will resume once the House has finished the debates on the business of supply, if possible.
As for the sitting of Monday, December 9, the questions of privilege will be taken up at the start of the sitting and considered until Orders of the Day are called at noon.
I thank all members for their attention.