Rules and Forms of Procedure

of the House of Assembly

The Rules and Forms of Procedure of the House of Assembly govern the proceedings of the House of Assembly and its committees. The present Rules were adopted by the House of Assembly on May 26, 1980, and were last amended on May 21, 1998. The Rules are produced by the Office of the Legislative Counsel.

Index / Subject Guide

Adjournment
Attendance and Payment of Witness
Business of the House
Chairman of Committees and Deputy Speaker
Clerk of the House
Committee of the Whole House
Committee on Assembly Matters
Committees
Conduct of Members
Debates
Divisions
Emergency Debate
Estimates
Extended Sitting Hours
Fees
Hours of Attendance
Legislative Counsel
Legislative Library
Moment of Interruption
Motions
Orders of the Day
Petitions
Private and Local Bills
Privilege
Proceedings on Bills
Questions Put by Members
Quorum
Regulation and Management of the House
Rules of Debate
Sergeant-at-Arms
The Speaker
Strangers
Suspension of Rule
Time of Sittings

REGULATION AND MANAGEMENT

OF THE HOUSE

Application of Rules

1 The proceedings in the House of Assembly of Nova Scotia and in all committees of the House shall be conducted according to the following Rules. 1955 R.1; 1980 R.1.

Cases not provided for

2 In all cases not herein provided for, the question shall be decided by the Speaker and, in making such decision, the Speaker shall be guided by

Secondly - the standing and sessional orders and forms of the House of Commons of Canada in force at the time; and

Thirdly - in all cases not provided for hereafter or by the usages and precedents of this House or by the standing and sessional orders or usages of the House of Commons of Canada, the usages and customs of the House of Commons of the United Kingdom of Great Britain and Northern Ireland in force at the time. 1955 R. 2 am.; 1980 R. 2; am. 1996.

TIME OF SITTINGS

Ordinary hours of meeting

3 (1) The time for the ordinary meeting of the House is at seven oclock in the afternoon on Monday and at two oclock in the afternoon on Tuesday, Wednesday and Thursday and at eleven oclock in the forenoon on Friday. 1955 R. 3 am.; 1980 R. 3(1); am. 1987.

Ordinary adjournment hours

(2) The time for the ordinary adjournment of the House is at ten oclock in the afternoon on Monday, six oclock in the afternoon on Tuesday, Wednesday and Thursday, and two oclock in the afternoon on Friday. 1980 R. 3(2); am. 1987.

House shall not meet

(3) The House shall not meet on New Years Day, Good Friday, Easter Sunday, Easter Monday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, a Saturday or a Sunday, and the week during the month of March in each year customarily observed by the schools at the seat of the Legislature as the "March Break" in accordance with a determination made by the Minister of Education. 1987 R. 3(3).

Notice of commencement

(4) Where the House stands adjourned for a period of ten sitting days or more, notice of the commencement of the House thereafter shall be given by the Speaker to the Members by ordinary post mailed at least thirty days prior to such commencement to the address on file at the Office of the Speaker for that Member. 1987 R. 3(4).

Notice of earlier commencement

(5) Notwithstanding paragraph (4), wherever the House stands adjourned for a period of ten sitting days or more, if the Speaker is satisfied, after consultation with the Government, that the public interest requires that the House shall meet at an earlier time, the Speaker may give notice that being so satisfied the House shall meet, and thereupon the House shall meet to transact its business as if it had been duly adjourned to that time and in the event of the Speaker being unable to act owing to illness or other cause, the Deputy Speaker, or, failing the Deputy Speaker, the Chairman of the Law Amendments Committee shall act in the Speakers stead for these purposes. 1987 R. 3(5).

Absence of quorum at meeting hour

(6) If a quorum of the House is not present at the time appointed for the ordinary meeting of the House, the Speaker may take the Chair and adjourn the House without putting any question. 1980 R. 3(3); am. 1996.

Friday adjournment

(7) When the House rises on Friday it shall stand adjourned, unless otherwise ordered, until the following Monday. 1980 R. 3(4).

Adjournment at ordinary time

4 (1) Unless otherwise ordered or provided by these Rules, at the ordinary time of adjournment the proceedings of the House shall be interrupted by the Speaker, or if the House is in Committee of the Whole, by the Chairman thereof who shall rise and report progress and the Speaker shall adjourn the House without question put. 1980 R. 4(1); am. 1996.

Uncompleted business at adjournment time

(2) Unless otherwise ordered or provided by these Rules, all business not disposed of at the time of adjournment shall stand over until the next sitting day when it shall be placed on the Order Paper of the day under its normal order of business and taken up at the stage where its progress was interrupted at the next sitting day when it is called under that order of business. 1955 R. 15(3)-(5) (part) am.; 1980 R. 4(2); am. 1987.

MOMENT OF INTERRUPTION

Moment of interruption

5 (1) At six oclock in the afternoon on a Tuesday, Wednesday or Thursday, being the ordinary time of adjournment of the House, or at such other hour of adjournment as the House has previously approved, the proceedings on any business then under consideration shall be interrupted, except as otherwise provided in these Rules; and if the House is then in Committee the Chairman shall leave the Chair and, if the business of the Committee has not been completed, shall report progress and ask leave to sit again; and the moment at which business is so interrupted is referred to in these Rules as "the moment of interruption". 1980 R. 5(1).

Voting at moment of interruption

(2) If at the moment of interruption the House or a Committee of the House is in the process of voting upon a question, the business shall not be interrupted until that question and any proceedings directly related thereto shall have been disposed of. 1980 R. 5(2).

Business after moment of interruption

(3) After any voting under consideration at the moment of interruption has been completed, any unopposed business may be proceeded with without amendment or debate. 1980 R. 5(3).

Adjournment at moment of interruption

(4) At the moment of interruption and after any voting or unopposed business has been disposed of, the Speaker shall adjourn the House, without any question being put, unless a motion is moved pursuant to paragraph (5) of this Rule. 1980 R. 5(4); am. 1996.

Proceedings after moment of interruption

(5) At the conclusion of business immediately following the moment of interruption on a Tuesday and a Thursday a Member of an opposition party and on a Wednesday a non-government Member of the majority party may make a motion concerning a matter which is listed on the Order Paper under the item of business MOTIONS OTHER THAN GOVERNMENT MOTIONS, or which would normally be listed on the Order Paper under that item of business or concerning a matter arising out of oral questions put by Members to Ministers and in respect of which he has given a notice of his intention to do so to the Clerk at least one hour prior to the commencement of that days sitting. 1980 R. 5(5).

Draw of subjects by Clerk

(6) During the hour prior to the commencement of each days sitting, the Clerk shall conduct a draw to determine the order in which Members who have given notice to the Clerk may move motions pursuant to paragraph (5) and in conducting such draw the Clerk shall limit a Member to one matter for that days sitting and at the commencement of the sitting shall report the result of the draw to the Speaker. 1980 R. 5(6); am. 1996.

Length of speeches

(7) No Member may speak for more than ten minutes during the debate on a motion called pursuant to paragraph (5). 1980 R. 5(7).

Dispensing with quorum

(8) During the consideration of a motion pursuant to paragraph (5), the quorum requirements provided for in these Rules shall not apply. 1980 R. 5(8).

Voting dispensed with

(9) No vote shall be called upon any motion made pursuant to paragraph (5). 1980 R. 5(9).

Termination of business

(10) All business taken up pursuant to this Rule shall terminate one-half hour after the moment of interruption. 1980 R. 5(10).

EXTENDED SITTING HOURS

Suspension of Rules

5A (1) Upon commencement of the deliberations of the Committee of the Whole House on Supply to consider the Estimates, Rules 3, 4 and 5 of the Rules and Forms of Procedure of the House of Assembly are suspended for the remainder of the Session so as to permit the House, in accordance with this Rule, to sit during the evening or forenoon of any week day and that committees be permitted to sit while the House is meeting. 1993 R. 5A(1).

Limit on hours House can sit

(2) Notwithstanding paragraph (1), the House shall not sit on

(a) a day referred to in paragraph (3) of Rule 3;

(b) on a Monday, Tuesday, Wednesday or Thursday before the hour of 12:00 oclock noon;

(d) on a Tuesday, Wednesday or Thursday later than the hour of 8:00 oclock in the afternoon;

(e) on a Monday later than the hour of 10:00 oclock in the afternoon; and

(f) on a Friday, later than the hour of 6:00 oclock in the afternoon. 1993 R. 5A(2).

Total hours per day

(3) Notwithstanding paragraphs (1) and (2), during the first five sitting days beginning with the commencement of the deliberations of the Committee of the Whole on Supply to consider the Estimates, the maximum number of hours the House may sit during a day is six and, thereafter, the maximum number of hours the House may sit each day is eight. 1993 R. 5A(3).

Hours on Wednesday

(4) On a Wednesday the first four hours shall be devoted to the daily routine and the Orders of the Day up to and including the order of business, Opposition Members Business, and whether there will be additional hours for Government Business, and if so how many, up to a maximum of four, will be determined after discussions between the Government House Leader and the House Leader of the opposition party whose day it is. 1993 R. 5A(4).

Debate on adjournment motion

(5) Notwithstanding the suspension of Rule 5, the debate on the Adjournment motion will be held at 6:00 p.m. on Tuesday, Wednesday and Thursday, as provided pursuant to Rule 5. 1993 R. 5A(5).

Duty of Government House Leader

(6) Subject to paragraph (7), on each sitting day the Government House Leader shall advise members of the House with regard to the next sitting day in respect of

(a) the order of business;

(b) the hours of meeting; and

Duty of Opposition House Leader

(7) On each Tuesday, the House Leader of the opposition party whose day it is on the Wednesday immediately following that Tuesday, shall advise the members of the House with regard to Opposition Members Business to be taken up on that Wednesday and by agreement with the Government House Leader shall also advise the members of the House with regard to the hours of meeting and the time of adjournment in respect of that Wednesday. 1993 R. 5A(7).

Application of Rule 5A

5B Where the House has stood adjourned for one month or more after the Committee of the Whole on Supply has completed consideration of the Estimates,

(a) Rule 5A does not apply to the first five sitting days when the House reconvenes; and

(b) notwithstanding Rule 5A, during the five sitting days immediately following the five sitting days referred to in clause (a), the maximum number of hours the House may sit during a day is six. 1994 R. 5B.

Removal of limit on hours House can sit

5C (1) Notwithstanding Rules 3, 4, 5A and 5B, the time for the meeting of the House, the time for the adjournment of the House and the maximum number of hours the House may sit during a day may be determined by the House by majority vote on the motion of the Government House Leader or the Leader's substitute. 1996 R. 5C(1).

No notice of motion, amendment or debate

(2) No notice of motion is required for a motion pursuant to paragraph (1) and the question shall be put forthwith by the Speaker without amendment or debate. 1996R. 5C(2).

QUORUM

Quorum

6 (1) The presence of at least fifteen Members of the House, including the Speaker, shall be necessary to constitute a meeting of the House for the exercise of its powers. 1955 R. 5(1); 1980 R. 6(1); am. 1996.

Adjournment for lack of quorum

(2) If at the time of the meeting there be not a quorum, the Speaker may take the Chair and adjourn the House until the next sitting day. 1980 R. 6(2); am. 1996.

Lack of quorum during sitting

(3) If at any time the attention of the Speaker is called to the fact that there is no quorum present, the Speaker will proceed at once to count the House and if there are not fifteen Members present, including himself, the Speaker will then adjourn the House without question put. 1980 R. 6(3); am. 1996.

Procedure on counting House

(4) While the Speaker is counting the House, the doors shall remain open and Members may come in during the whole time occupied by the counting, but not after completion of the count. 1980 R. 6(4); am. 1996.

Time of next sitting

(5) The adjournment shall be until the usual hour of the next sitting day and whenever the Speaker adjourns the House for want of a quorum, the time of the adjournment, and the names of the Members then present, shall be inserted in the Journal. 1980 R. 6(5); am. 1996.

Lack of quorum in Committee of the Whole

(6) If at any time when the House is in Committee the Chairman notes that fifteen Members, including himself, are not present, he shall leave the Chair and the Speaker shall resume the Chair and the provisions of paragraph (3) of this Rule shall then apply; and if fifteen Members are then present the House shall again resolve itself into a Committee without question put. 1980 R. 6(6); am. 1996.

THE SPEAKER

Election of Speaker

6A (1) After each general election and at any other time the office of Speaker is vacant, the House shall elect the Speaker before conducting any other business.

No interruption, adjournment or debate

(2) The election of the Speaker shall not be interrupted by any other proceeding and, notwithstanding any other rule, no adjournment or debate is in order until the election of the Speaker is concluded. 1998 R. 6A.

Procedure for election of Speaker

6B The Speaker shall be elected in accordance with the following provisions:

(a) a member may nominate another member as a candidate for election as the Speaker;

(b) a member of the Executive Council, the Leader of the Opposition or the leader of a recognized party is not eligible to be a candidate;

(d) the member nominated shall be asked if he or she accepts the nomination and, if the member accepts the nomination, the member becomes a candidate;

(e) upon there being no further nominations, the nominations shall be declared closed and no further nominations shall be made;

(f) if there is only one candidate, that member shall be declared elected as Speaker;

(g) if there is more than one candidate, an election shall be held by secret ballot;

(h) every member has a vote and no member has a casting vote;

(i) a member shall vote by printing the name of the candidate being voted for on a ballot provided by the Clerk of the House and placing the ballot in a receptacle provided for that purpose by the Clerk;

(j) when the voting is completed, the Clerk of the House shall withdraw from the House and count the ballots;

(k) the House Leader of each party may observe the counting of the ballots;

(l) upon the ballots being counted, the Clerk of the House shall announce the results in the House;

(m) if one candidate receives a majority of the votes cast, that candidate shall be declared elected;

(n) if no candidate receives a majority of the votes cast, the candidate receiving the fewest votes ceases to be a candidate;

(o) if two or more candidates are tied in receiving the fewest number of votes, both candidates cease to be candidates unless there would not be a least two candidates remaining;

(p) before the commencement of the next ballot, a candidate may withdraw from the election by oral declaration by the candidate rising in his or her place;

(q) the procedure shall be repeated until one candidate receives a majority of the votes cast;

(r) upon election of the Speaker, the Clerk of the House shall destroy all the ballots. 1998 R. 6B.

Jurisdiction of Speaker

7 The Speaker shall have jurisdiction over all matters concerning Province House and its environs as defined by the public streets immediately adjacent thereto, excepting those offices occupied by the Premier, the Premiers Staff and Cabinet Room. The Speaker shall also be the Chairman of the Legislature Internal Economy Board. 1980 R.7; am. 1996.

Powers and privileges of Speaker

8 The Speaker shall exercise all the powers and privileges necessary for the performance of his duties and the maintenance of the privileges of the Members and the House. 1980 R. 8; am. 1996.

Duties of Speaker

9 (1) The Speaker shall preserve order and decorum, and shall decide questions of order; in explaining a point of order or practice, he shall state the Rule or authority applicable to the case. 1955 R. 6 am.; 1980 R. 9(1); am. 1996.

Appeal of Speakers ruling

(2) The Speakers ruling shall not be subject to appeal or question except by substantive motion upon proper notice having been given. 1980 R. 9(2); am. 1996.

Speakers role in debate in House and casting vote

10 (1) The Speaker shall not take part in any debate before the House. In case of an equality of voices, the Speaker gives a casting vote, and any reasons stated by him are entered in the Journal. 1955 R. 9(1); 1980 R. 10(1); am. 1996.

Speakers role in Committee

(2) The Speaker may take part in proceedings in all Committees of the Whole House and, for that purpose, his place shall be the place of the Chairman of the Committee. 1955 R. 9(2); 1980 R. 10(2); am. 1996.

CHAIRMAN OF COMMITTEES

AND DEPUTY SPEAKER

NOTE - Rule 11 was suspended by Resolution No. 2 (August 20, 1999) for the duration of the 58th General Assembly.

Chairman of Committees and Deputy Speaker election, term, etc.

11 (1) At the beginning of the first session of each General Assembly, the House shall elect from among its Members a Member to be Chairman of Committees and Deputy Speaker for the duration of that General Assembly, who shall take the Chair of all Committees of the Whole House and who may, at the request of the Speaker, take the Chair of the House with, in such case, all the powers of the Speaker as conferred by these Rules; and if the Member so elected shall cease to be a Member of the House, the House shall proceed forthwith to elect a successor for the remainder of the General Assembly.

Election of Chairman of Committees

(2) The Chairman of Committees and Deputy Speaker shall be elected in the same manner as the Speaker.

Where more than one Chairman of Committees

(3) Where there is more than one Chairman of Committees and Deputy Speaker, their powers and duties under these Rules shall be as assigned by the Speaker. 1955 R. 36 am.; 1980 R. 11; am. 1996; am. 1998.

Absence of Speaker and of Chairman of Committees

12 Whenever the House shall be informed of the absence of the Speaker, the Chairman of Committees and Deputy Speaker shall take the Chair and perform all the duties of the Speaker. In the absence of the Chairman of Committees and Deputy Speaker, the House shall, on motion put by the Clerk, appoint any Member of the House to take the Chair of the House during such absence. 1955 R. 7 am.; 1980 R. 12; am. 1996.

COMMITTEE ON ASSEMBLY MATTERS

Composition of Committee

12A (1) There is hereby established a Committee on Assembly Matters composed of the Speaker and nine other members appointed by the Special Committee established pursuant to paragraph (1) of Rule 60 to prepare and report listings of members to comprise Standing Committees. 1993 R. 12A(1).

Chair

(2) The Speaker shall be the Chair of the Committee. 1993 R. 12A(2).

Duties of Committee

(3) The Committee is established to and may examine the rules, procedures, practices, organization and facilities of the House of Assembly and may recommend the provision of support services and facilities for the Members and such examination shall include, but not be limited to, the following matters:

(a) the Rules and Forms of Procedure of the House of Assembly; and

(b) such matters as are accepted for examination by the Committee upon the request of the House, a committee of the House, a member of the Committee or a member of the House. 1993 R. 12A(3).

CONDUCT OF MEMBERS

Pecuniary interest of Member in question

13 (1) No Member is entitled to vote on any question in which he has a direct pecuniary interest, and the vote of any Member so interested will be disallowed. 1955 R. 10(1); 1980 R. 13(1).

Conduct when question put

(2) When the Speaker is putting a question, no Member shall walk out of or across the House, or make any noise or disturbance. 1955 R. 10(2); 1980 R. 13(2); am. 1996.

Conduct when other Member speaking

(3) When a Member is speaking, no Member shall pass between him and the Chair, nor interrupt him, except to raise a point of order. 1955 R. 10(3); 1980 R. 13(3).

Passing Mace or Chair

(4) No Member may pass between the Chair and the Table nor between the Chair and the Mace when the Mace has been taken off the Table by the Sergeant-at-Arms. 1955 R. 10(4); 1980 R. 13(4).

Conduct on adjournment

(5) When the House adjourns, the Members shall keep their seats until the Speaker has left the Chair. 1955 R. 10(5); 1980 R. 13(5); am. 1996.

Conduct on entering or leaving seat

(6) Every Member, upon taking his seat or leaving his seat or crossing the floor, when the Speaker is in the Chair and another Member is speaking, shall, before taking or leaving his seat or crossing the floor, bow to the Speaker and bow to the Member speaking. 1980 R. 13(6).

Members attendance

14 (1) Every Member is bound to attend the services of the House unless leave of absence has been given by the House. 1955 R. 11(1); 1980 R. 14(1).

Penalty for non-attendance

(2) If any Member shall leave the House for one whole day without permission first obtained from the Speaker, he may be subject to the censure of the House and shall also forfeit such monetary amount per day as is determined by the Legislature Internal Economy Board for the time he shall be so absent. 1955 R. 11(2) am.; 1980 R. 14(2).

Vacating of seat for non-attendance

(3) The seat of any Member who shall be absent for two Sessions consecutively shall be vacated. 1955 R. 11(3); 1980 R. 14(3).

STRANGERS

Misconduct, etc. of strangers

15 (1) Any stranger admitted into any part of the House or Gallery, who misconducts himself or does not withdraw when strangers are directed to withdraw while the House or any Committee of the Whole House is sitting, shall be taken into custody by the Sergeant-at-Arms; and no person so taken into custody shall be discharged without an order of the Speaker. 1955 R. 8(1) am.; 1980 R. 15(1).

Order for withdrawal of strangers

(2) If any Member takes notice that strangers are present, the Speaker, or the Chairman (as the case may be) shall forthwith put the question "That strangers be ordered to withdraw", without permitting any debate or amendment; provided that the Speaker, or the Chairman, may, whenever he thinks proper, order the withdrawal of strangers. 1955 R. 8(2); 1980 R. 15(2); am. 1996.

BUSINESS OF THE HOUSE

Daily prayers

16 The Speaker shall read prayers every day at the meeting of the House before any business is entered upon. 1955 R. 12; 1980 R. 16; am. 1996.

Daily routine of business

17 (1) The daily routine of business of the House shall be as follows, and such business shall be without debate:

1955 R. 13 am.; 1980 R. 17(1).

Orders of the Day

(2) The Order of Business for the consideration of the House day by day, after the Daily Routine, shall be as follows:

MONDAY AND FRIDAY

Government Motions

Public Bills and Orders
PRIVATE AND LOCAL BILLS
PRIVATE MEMBERS PUBLIC BILLS

TUESDAY AND THURSDAY

Government Motions

Public Bills and Orders
PRIVATE AND LOCAL BILLS FOR SECOND READING
PRIVATE MEMBERS PUBLIC BILLS
MOTIONS UNDER RULE 5(5)

WEDNESDAY

Government Motions

Public Bills and Orders
PRIVATE MEMBERS PUBLIC BILLS
MOTIONS UNDER RULE 5(5)

1955 R. 13 am.; 1980 R. 17(2); am. 1987.

Constitutional amendment

(3) Notwithstanding paragraph (2), where there is a Government motion respecting amendments to the Constitution of Canada, that motion shall for the five days that it is required by Rule 37A to take precedence over all other business of the House be considered after the Daily Routine and immediately preceding the Order of Business on Mondays and Fridays "GOVERNMENT BUSINESS" and on Tuesdays, Wednesdays and Thursdays "ORAL QUESTIONS PUT BY MEMBERS TO MINISTERS" and shall be entitled on the Order of Business "CONSTITUTIONAL AMENDMENTS" and upon the expiry of the said five days be considered after the Daily Routine under the Order of Business "Government Motions". 1993 R. 17(3).

ORDERS OF THE DAY

Discretion of House Leader re Orders of the Day

18 Subject to Rule 19, all items standing on the Orders of the Day shall be taken up in the discretion of the Minister leading the House at the time. 1980 R. 18.

Order of Opposition Members Business on Wednesday

19 Opposition Members Business shall be taken up subsequent to the daily routine of the business of the House on Wednesday after the Order of Business PRIVATE AND LOCAL BILLS FOR SECOND READING WHERE THERE IS NO DEBATE and shall consist of such matters determined by the opposition parties except Public Bills and Orders. 1980 R. 19; am. 1987.

Opposition Members Business and allotted time

20 (1) The items of business taken up pursuant to Rule 19 and the amount of time allotted for each item shall be those items and the time determined by the opposition parties by agreement between them. 1980 R. 20(1).

Debate on Private Members Public Bills

(2) Notwithstanding paragraph (1), debate under the order of business PRIVATE MEMBERS PUBLIC BILLS shall not be for more than one hour and, upon termination of that one hour, no question shall be put. 1987 R. 20(2).

Where no agreement

(3) Should the opposition parties not be able to agree upon the items to be taken up pursuant to Rule 19 or the time to be allotted for those items, then the items and the time to be allotted shall be determined by the Speaker in consultation with representatives designated for that purpose by the opposition parties and, in making the allocation, the Speaker shall be guided by the number of Members each opposition party has in the House. 1980 R. 20(2); am. 1987; am. 1996.

Debate on Opposition Members Business, time limit

21 (1) No Member shall speak for more than fifteen minutes upon an item taken up under the Order of Business OPPOSITION MEMBERS BUSINESS. 1980 R. 21(1).

Expiry of time allotted

(2) On a Wednesday, at the end of the time allotted for an item taken up under the Order of Business OPPOSITION MEMBERS BUSINESS or at the moment of interruption, whichever first occurs, no question shall be put. 1980 R. 21(2).

RULES OF DEBATE

Member to stand and address Speaker

22 Every Member desiring to speak is to rise in his place and address himself to the Speaker. 1955 R. 18(1) am.; 1980 R. 22; am. 1996.

Time limit on speeches

23 Except with the unanimous consent of the House, no Member shall speak for more than one hour. 1955 R. 19 am.; 1980 R. 23.

Procedure on point of order

24 (1) A point of order may be raised by or with the Speaker at any time and, if a Member is then addressing the House, he shall resume his seat while the point of order is under consideration. The Speaker may permit representations which are relevant to the point of order before giving his decision, but his decision on a point of order shall be final, subject only to appeal on motion of which at least two days notice has been given not later than three sitting days after the ruling has been given. 1955 R. 20(1) am.; 1980 R. 24(1); am. 1996.

Irrelevance or repetition in debate

(2) The Speaker or the Chairman, after having called the attention of the House or of the Committee to the conduct of a Member who persists in irrelevance or repetition of his own arguments in debate, may direct him to discontinue his speech. 1955 R. 20(2) am.; 1980 R. 24(2); am. 1996.

Improper language in debate

25 No Member shall use offensive words against any Member of the House nor shall he speak disrespectfully of Her Majesty the Queen of Canada nor of the Governor General of Canada nor of the Lieutenant Governor of the Province of Nova Scotia. 1955 R. 21 am.; 1980 R. 25.

Limit on speeches by Member in debate

26 (1) Subject to paragraph (2), no Member may speak twice on a question. 1955 R. 22(1) am.; 1980 R. 26(1).

Right of mover to reply

(2) 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 an instruction to a Committee. 1955 R. 22(2), (3) am.; 1980 R. 26(2).

Closing of debate by mover of motion

(3) In all cases the Speaker shall inform the House that the reply of the mover of the original motion closes the debate. 1955 R. 22(4) am.; 1980 R. 26(3); am. 1996.

Reading of question during debate

27 (1) Any Member may require a question under discussion to be read at any time of the debate, but not so as to interrupt a Member while speaking. 1955 R. 24(1); 1980 R. 27(1).

Permitted motions during debate

(2) When a question is under debate, no motion shall be made, except as provided elsewhere in these Rules, other than an amendment to that question or a motion for the adjournment of the debate; and the question on a motion for adjournment of the debate shall be put without debate. 1955 R. 24(2) am.; 1980 R. 27(2).

Disorderly conduct by Member

28 (1) The Speaker may order any Member who disregards the authority of the Chair or whose conduct is otherwise disorderly to withdraw immediately from the House during the remainder of that days sitting. 1980 R. 28(1); am. 1996.

Naming and suspension of Member

(2) If a Member fails to comply with an order of the Chair made pursuant to paragraph (1), or in any other case where the conduct of the Member appears to the Speaker to be grossly disorderly, that Member may be named by the Speaker for the offence of disorderly conduct; then, the Speaker shall forthwith put the Question "that such Member be suspended from the service of the House". 1980 R. 28(2); am. 1996.

Duration of suspension

(3) If any Member be suspended pursuant to this Rule, his suspension shall continue until the fifth day on which the House shall sit after the day on which he was suspended or for such other period as the House, on motion made after notice given, shall order. 1980 R. 28(3).

Removal of suspended Member by Sergeant-at-Arms

(4) When a Member has been suspended pursuant to this Rule from the service of the House, the Speaker shall direct him to leave the House and if he shall refuse to obey the direction of the Speaker, the Speaker shall order the Sergeant-at-Arms to escort that Member from the House, and if that Member then refuses to comply with the direction of the Speaker, the Speaker shall then authorize the use of such force as is necessary in order to compel obedience to his direction. 1980 R. 28(4); am. 1996.

PRIVILEGE

Consideration of matter of privilege

29 (1) Whenever any matter of privilege arises, it shall be taken into consideration immediately, but the Speaker may, if he thinks fit, delay giving his ruling on a question of privilege raised with him. 1955 R. 25 am.; 1980 R. 29(1); am. 1996.

Notice to Speaker of question

(2) A Member intending to raise a question of privilege shall give notice to the Speaker before the meeting of the House if practicable. 1980 R. 29(2); am. 1996.

QUESTIONS PUT BY MEMBERS

Written questions to Ministers

30 (1) A Member may give written notice to the Clerk of the House of a question to a Minister of the Crown to which he desires a written answer; and such questions must be limited to requesting information or action on matters for which a Minister is officially responsible. 1955 R. 26 am.; 1980 R. 30(1).

Record of questions and answers

(2) A list of all such questions of which notice has been given but which have not yet been answered shall be published with the Orders of the Day; and the question shall be published in the Report of the Debates and Proceedings of the House on the day following the day it is filed with the Clerk. 1980 R. 30(2); am. 1987.

Oral questions

31 (1) On the order of the day ORAL QUESTIONS PUT BY MEMBERS TO MINISTERS being read on a Tuesday, Wednesday and Thursday, oral questions asking for information or action may be put without notice to Ministers of the Crown for not more than one hour on a Tuesday and Thursday and for not more than one hour and thirty minutes on a Wednesday; and any such questions shall be concisely put and shall relate only to matters for which a Minister is officially responsible. 1987 R. 31(1).

Form of question and answer

(2) In putting any such question or in replying to the same, no argument or opinion is to be offered nor any facts stated except so far as may be necessary to explain the same and, in answering any such question, the matter to which the same refers shall not be debated. 1955 R. 26(5) am.; 1980 R. 31(2).

MOTIONS

Notices of motion

32 (1) Except as provided in these Rules, two days notice shall be given of a motion to present a resolution or address for an order of the House, for the appointment of any committee or for placing a question on the Order Paper; but this Rule shall not apply to Bills after their introduction, or to private Bills, or to the times of meeting or adjournment of the House. 1955 R. 28 am.; 1980 R. 32(1); am. 1987.

Limit on oral notices of motion

(2) Notwithstanding paragraph (1), on the order of the day NOTICES OF MOTION being read, a Member may give not more than two notices of motion for a resolution of the House orally in the House on a sitting day, nor may a member give orally in the House at any time a notice of motion for an order of the House. 1987 R. 32(2); am. 1987.

Written notices of motion

(3) A Member may give any number of notices for a resolution or order of the House in writing on a sitting day by depositing the same with the Clerk before the sitting of the House and each such notice shall be published in the Report of the Debates and Proceedings of the House for that day, and be placed under the appropriate Order of the Day. 1987 R. 32(3).

Waiver of notice of motion

33 A motion may be made by unanimous consent of the House without notice having been given under Rule 32. 1955 R. 29 am.; 1980 R. 33.

Motions to be in writing

34 (1) All motions and amendments shall be in writing before being debated or put from the Chair. 1955 R. 30 am.; 1980 R. 34(1); am. 1987.

Seconding of motions not required

(2) No motion nor amendment shall require to be seconded when given or moved in the House or a Committee. 1980 R. 34(2).

Withdrawal of motion

35 A Member who has made a motion may withdraw the same with the unanimous consent of the House. 1955 R. 31; 1980 R. 35.

Motion to go into CWH, limit on debate

36 No debate shall be permitted on a motion to resolve the House into Committee of the Whole except that upon a motion to resolve the House into Committee of the Whole on Supply a debate not exceeding forty-five minutes in length is permitted and no Member shall speak for more than fifteen minutes. 1980 R. 36.

Improper motion

37 Whenever the Speaker is of the opinion that a motion offered to the House is contrary to the Rules and Privileges of the Legislature, he shall appraise the House thereof and quote the Rule or authority applicable to the case. 1955 R. 34 am.; 1980 R. 37; am. 1996.

Debate on constitutional amendment

37A (1) Debate on a Government motion proposing amendments to the Constitution Act of Canada pursuant to Part V of The Constitution Act, 1982, and on any amendments proposed to that motion, shall, subject to paragraph (3) of Rule 17, take precedence over all other business of the House for five sitting days unless debate has been concluded prior thereto. 1993 R. 37A(1).

Submissions from general public

(2) When the debate has been concluded the Speaker shall put the question on the motion and the motion shall be referred to the Law Amendments Committee or, if the House so directs, to a Standing or Special Committee of the House and the Committee to which the motion is referred shall receive submissions from the general public and report back to the House. 1993 R. 37A(2); am. 1996.

Debate after Committee report

(3) When the Committee to which the motion was referred reports back to the House, the motion shall be debated for five days unless debate is concluded prior thereto at which time the Speaker shall put the question on the motion. 1993 R. 37A(3); am. 1996.

DIVISIONS

Termination of debate on question on motion

38 (1) After the Speaker or the Chairman has put the question on a motion or an amendment, no further debate shall be permitted. 1980 R. 38(1); am. 1996.

Majority decision required

(2) All questions shall be decided by a majority of voices except where a specific Rule provides otherwise. 1980 R. 38(2).

Recording of votes on division

(3) Upon a division, the yeas and nays shall not be entered upon the Minutes unless demanded by two Members. 1955 R. 35(2); 1980 R. 38(3).

Roll call and duration of division bells ringing

(4) When a roll call vote is demanded by at least two Members, the Speaker or the Chairman shall order the bells to be rung and shall then direct the Clerk to call the roll when he is satisfied that all Members wishing to vote are in their seats, provided that the bells shall be rung for a reasonable length of time and in no event for longer than one hour. 1980 R. 38(4); am. 1996.

COMMITTEE OF THE WHOLE HOUSE

Absence of Chairman of Committees, appointment of replacement

39 (1) In the absence of the Chairman of Committees and the Deputy Speaker, the Speaker shall, when the House is to resolve itself into a Committee, before he leaves the Chair appoint a Member to be Chairman of the Committee. 1955 R. 36(3) am.; 1980 R. 39(1); am. 1996.

Chairman pro tem of CWH

(2) When the House is in committee any Member may, at the request of the Chairman, take the Chair during any absence of the Chairman. 1955 R. 36(4) am.; 1980 R. 39(2).

Rules in CWH

40 (1) The Rules of the House shall be observed in the Committee of the Whole House so far as may be applicable, except the Rules limiting the number of times of speaking. 1955 R. 37(1) am.; 1980 R. 40(1).

Relevancy in debate in CWH

(2) Speeches in Committee of the Whole must be strictly relevant to the item or clause under consideration. 1955 R. 37(2) am.; 1980 R. 40(2).

Powers of Chairman of CWH

(3) The Chairman of the Committee of the Whole House shall maintain order in the Committee, deciding all questions of order subject to an appeal to the Speaker; but disorder in a Committee may only be censured by the House, on receiving a report thereof. No debate shall be permitted on any decision. 1955 R. 37(3) am.; 1980 R. 40(3); am. 1996.

Termination or suspension of Committee

41 In a Committee of the Whole House a motion that the Chairman leave the Chair shall always be in order and take precedence over every other motion; and the question shall be decided without amendment or debate provided that, in the case of disorder or an apparent breach of privilege ensuing in the Committee, the Chairman may suspend the proceedings of the Committee and report the circumstances to the House without motion being made. 1955 R. 38 am.; 1980 R. 41.

ADJOURNMENT

Adjournment motion, general

42 A motion to adjourn shall always be in order, but no second motion to the same effect shall be made until after some intermediate proceedings have been had. 1955 R. 39 am.; 1980 R. 42.

EMERGENCY DEBATE

Adjournment for urgent debate

43 (1) Immediately after the daily routine of business has been concluded, a Member may ask leave to move that the business of the House be set aside for the purpose of discussing a definite matter of urgent public importance; and in asking for such leave he may state briefly his reasons for so doing. 1955 R. 40 am.; 1980 R. 43(1).

Notice on intention to move

(2) A Member wishing to move, "That the business of the House be set aside for the purpose of discussing a matter of urgent public importance", under the provisions of this Rule shall give to the Speaker, at least two hours prior to the opening of a sitting, a written statement of the matter proposed to be discussed. If the urgent matter is not then known, the Member shall give his written statement to the Speaker as soon as practicable. 1955 R. 40 am.; 1980 R. 43(2); am. 1996.

Form of motion

(3) When requesting leave to propose such a motion, the Member shall rise in his place and present the written statement referred to in paragraph (2) of this Rule. 1955 R. 40 am.; 1980 R. 43(3).

Speakers ruling

(4) The Speaker shall decide, without any debate, whether or not the matter is proper to be discussed and, in considering whether the matter is proper to be discussed, the Speaker may have regard to whether adequate notice has been given pursuant to paragraph (2). 1955 R. 40 am.; 1980 R. 43(4); am. 1996.

Factors to be considered

(4A) In determining whether a matter should have urgent consideration, the Speaker shall, without debate, have regard to the extent to which it concerns the administrative responsibilities of the government or could come within the scope of ministerial action and the Speaker also shall have regard to the probability of the matter being debated by the House within a reasonable time by other means. 1993 R. 43(4A).

Deferral of ruling

(5) If the Speaker so desires, he may defer his decision upon whether the matter is proper to be discussed until later in the sitting, when he may interrupt the proceedings of the House for the purpose of announcing his decision. 1955 R. 40 am.; 1980 R. 43(5); am. 1996.

Reasons for ruling

(6) In stating whether or not he is satisfied that the matter is proper to be discussed, the Speaker is not bound to give reasons for his decision. 1955 R. 40 am.; 1980 R. 43(6); am. 1996.

Grant of leave for motion

(7) If the Speaker is satisfied that the matter is proper to be discussed, he shall read the motion aloud and ask whether the Member has the leave of the House. If objection is taken, the Speaker shall request those Members who support the motion to arise in their places and if more than ten Members rise accordingly, the Speaker shall call upon the Member who has asked for leave. 1955 R. 40 am.; 1980 R. 43(7); am. 1996.

Question to House for leave

(8) If fewer than ten but not fewer than three Members rise in their places, the question whether the Member has leave to make the motion shall be put forthwith without debate and determined, if necessary, by a division. 1955 R. 40 am.; 1980 R. 43(8).

Necessity of leave

(9) Except with the requisite leave or support, the motion cannot be made. 1955 R. 40 am.; 1980 R. 43(9).

Restrictions on motions

(10) The right to make the motion under this Rule is subject to the following restrictions:

(a) the matter proposed for discussion must relate to a genuine emergency, calling for immediate and urgent consideration;

(b) not more than one such motion can be made at the same sitting;

(d) the motion must not revive discussion on a matter which has been discussed in the same session;

(e) the motion must not raise a question of privilege;

(f) the discussion under the motion must not raise any question which, according to the Rules of the House, can only be debated on a distinct motion under notice. 1955 R. 40 am.; 1980 R. 43(10); am. 1993.

Motion put over

(11) If the Speaker is satisfied that the matter is proper to be discussed, the motion shall be put over, on a Monday or a Friday to the time of adjournment and, on a Tuesday, Wednesday or Thursday to the moment of interruption and where the matter is put over to the moment of interruption debate shall be held on the matter in place of any debate that would otherwise occur at the moment of interruption, unless the House is in extended hours, in which case the debate shall be held at the time of adjournment. 1993 R.43(11).

Quorum not required

(12) The quorum requirements provided for in these Rules do not apply. 1993 R.43(12).

Limit on Member speaking

(13) No Member shall speak longer than fifteen minutes during debate on any such motion. 1993 R.43(13).

Limit on debate

(14) A debate arising pursuant to this Rule shall not be for more than two hours and, upon termination of that two hours, no question shall be put. 1993 R. 43(14).

PROCEEDINGS ON BILLS

Introduction of Bill

44 (1) Every Bill shall be introduced upon motion for leave, and may be introduced without notice, specifying the title of the Bill which motion shall be decided without amendment or debate, and shall be ordered to be read a second time on a future day, unless the House orders that it be read forthwith and to be printed without question put. 1955 R. 41(1) am.; 1980 R. 44(1).

Imperfect Bill

(2) No Bill, except the Pro Forma Bill at the opening of the Session, may be introduced either in blank or in an imperfect shape. 1955 R. 41(2) am.; 1980 R. 44(2).

Second reading

45 Except by unanimous consent of the House, no Bill shall be read the second time unless it has been printed and distributed to the Members and has been subsequently marked on the Orders of the Day thus "Printed" (signifying that it has been printed and distributed). 1955 R. 42; 1980 R. 45.

Reference after second reading

46 When a Bill, other than a Bill for an Appropriations Act, has been read a second time, it shall, unless the House otherwise orders, stand referred to either the Law Amendments Committee or the Private and Local Bills Committee, as the Speaker shall direct, without question put. 1980 R. 46; am. 1983; am. 1996.

Report of Committee

47 (1) When a Bill has been considered by a Committee of the House, the Chairman of the Committee, or another Member of the Committee on his behalf, shall, standing in his place, report the Bill from the Committee to the House, with or without amendments. 1955 R. 49 am.; 1980 R. 47(1).

Reference to Committee of Whole

(2) A Bill that has second reading reported from a Committee shall, unless the House otherwise orders, stand committed to a Committee of the Whole House without question put. 1980 R. 47(2).

Report of amendments in CWH

(3) When a Bill is considered in a Committee of the Whole House, any amendment recommended by a Committee shall be reported by the Clerk of the House to the Committee and shall be deemed, unless the Committee otherwise orders, to have been agreed to by that Committee without question put. 1980 R. 47(3).

Certification by Committee Chairman

48 The Chairman of the Committee to which a Bill has been referred shall sign with his name at length a printed copy of the Bill, on which the amendments are fairly written. 1955 R. 51 am.; 1980 R. 48.

Reprinting of amended Bill

49 When a Bill has been amended in Committee of the Whole House it may, in the discretion of the Committee, be reprinted as amended or the Committee may print or otherwise reproduce copies of any substantial amendments; when the Bill has been sent to be reprinted it shall be marked on the Orders of the Day thus - "Not reprinted" - and shall not be further proceeded with until that mark has been removed and the word "Printed" substituted, signifying that the Bill has been reprinted and distributed. 1955 R. 43; 1980 R. 49.

Order for third reading

50 When a Bill is reported from a Committee of the Whole House, with or without amendments, it shall be ordered without question put to be read a third time on a future day unless the House orders that it be read forthwith. 1955 R. 48 (part) am.; 1980 R. 50.

Recommittal of Bill

51 When the Order of the Day for the third reading of any Bill is read, any Member desiring to recommit the same must move to discharge the Order and to recommit the Bill and, upon such motion being resolved in the affirmative, the Member shall give notice of the instructions proposed to be given, if any. 1955 R. 50; 1980 R. 51.

Amendment of Private or Local Bill on third reading

52 No amendment, other than a purely verbal amendment which does not affect the sense of a clause, shall be proposed on the third reading of a Private or Local Bill unless written notice of that amendment has been given to the Clerk of the House before the rising of the House at the previous sitting, which notice shall be published with the Orders of the Day. 1955 R. 60 am.; 1980 R. 52.

Three separate readings of Bills

53 Every Bill shall receive three several readings on different days previously to being passed. On urgent or extraordinary occasions a Bill may be read twice or thrice or advanced two or three stages in one day. 1955 R. 44; 1980 R. 53.

Block moving of Private and Local Bills

54 Notwithstanding anything contained in these Rules, unopposed Private and Local Bills may be moved through any or all stages in block. 1980 R. 54.

Certification of readings of Bills

55 When a Bill is read in the House, the Clerk shall certify upon it the readings and the time thereof. After it has passed, he shall certify the same with the date at the foot of the Bill. 1955 R. 45; 1980 R. 55.

Readings before committal or amendment

56 Every Bill shall be read twice in the House before committal or amendment. 1955 R. 46; 1980 R. 56.

Proceedings in Committee of the Whole on Bills

57 (1) In any proceedings in Committee of the Whole House upon Bills, the preamble is first postponed and then every clause considered by the Committee in its proper order; the preamble and title to be last considered. 1955 R. 47; 1980 R. 57; am. 1995.

Maximum time for consideration of Bill

(2) After a Bill is reported by a Committee of the House, a maximum of twenty hours is allowed for consideration of the Bill by the Committee of the Whole House on Bills. 1995 R. 57(2).

Motion on Bill

(3) Upon the conclusion by the Committee of the Whole House on Bills of its consideration of a Bill, the Chair of the Committee of the Whole House on Bills shall put the question, without amendment or debate, "Shall the Bill carry?", which question, when carried, shall carry every clause, the preamble and the title of the Bill, as amended by any Committee of the House and the Committee of the Whole House on Bills, and the Chair shall thereupon report to the House. 1995 R. 57(3).

Report of Committee of the Whole on Bills

58 All amendments made in Committee are reported by the Chairman to the House, which shall receive the same forthwith. After report, the Bill is forthwith ordered to be read a third time at such time as may be appointed by the House. 1955 R. 48; 1980 R. 58; am. 1995.

Reports of Committees on Bills

59 Reports from Standing and Special Committees may be made by Members standing in their places. 1955 R. 49; 1980 R. 59.

COMMITTEES

Striking Committee

60 (1) At the commencement of the first Session of each Assembly, a Special Committee, consisting of five Members, shall be appointed, whose duty it shall be to prepare and report with all convenient speed, listings of Members to compose the Standing Committees of the House for each Assembly, for the following purposes:

2. Law Amendments;

3. Private and Local Bills;

4. Public Accounts;

5. Economic Development;

6. Human Resources;

7. Community Services;

8. Resources;

9. Veterans Affairs.

1987 R. 60(1); am. 1993.

Functions of Standing Committees

(2) For greater certainty,

(a) the Internal Affairs Committee is established for the purpose of considering rules, privileges, procedures, matters relative to the Legislative Library and Members amenities and like matters;

(b) the Public Accounts Committee is established for the purpose of reviewing the public accounts, the annual report or other report of the Auditor General and any other financial matters respecting the public funds of the Province;

(ba) the Economic Development Committee is established for the purpose of considering matters normally assigned to or within the purview of the Nova Scotia Economic Renewal Agency and the Minister responsible for the Agency and the Department and Minister of Transportation and Public Works and matters relating to the Technology and Science Secretariat;

(i) considering matters normally assigned to or within the purview of the Departments and Ministers of Education and Culture and of Labour,

(ii) reviewing and approving or not approving candidates for appointment to agencies, boards or commissions where the Governor in Council has, pursuant to an enactment, the sole discretion to make the appointment or where the Governor in Council makes the appointment by choosing from a list of nominees provided to the Governor in Council pursuant to an enactment,

(iii) reviewing and approving or not approving ministerial appointees to agencies, boards or commissions where, pursuant to an enactment, Governor in Council approval is not required, and

(iv) for purposes of greater clarity and certainty, the Committee shall be guided by the terms of reference set out herein and which form part of this Rule;

Terms of Reference in Reviewing Agency, Board and Commission Appointments:
1. Where Governor in Council approval is required for an appointment to an Agency, Board or Commission, after consideration by Executive Council of a person recommended for appointment to an Agency, Board or Commission, the Clerk of the Executive Council shall submit the name of the person to the Human Resources Committee, on Form "A" (attached).

2. Prior to making a Ministerial appointment to an Agency, Board or Commission for which Governor in Council approval is not required, a Minister shall submit the name of the proposed appointee to the Executive Council for consideration. Where the Executive Council recommends the name, the Clerk of the Executive Council shall submit the name of the person to the Human Resources Committee.

3. Committee members shall review the name submitted for approval having regard to qualifications of the individual, affirmative action concerns and, where relevant, the regional representativeness of the Agency, Board or Commission.

4. The purpose of the Committee review is not to replace the function of Government Departments and Ministers in making appointments. Its function is to approve or not approve of the name before it, not to consider or recommend alternative names for appointments.

5. The following appointments shall not be submitted to the Human Resources Committee for review:

(a) appointments of provincial public or civil servants by virtue of their employment (i.e. the Deputy Minister of Finance is an unpaid member of the Lotteries Commission);

(b) candidates selected by an open competition and selection process or peer review (i.e. Provincial Judges selected by the Judicial Appointments Committee or employees of Agencies, Boards or Commissions);

(c) candidates recommended for appointment to self-regulatory bodies who are elected or recommended by the body (i.e. Nova Scotia Medical Society);

(d) candidates recommended for appointment to Hospitals and Universities where the candidate is recommended by the Board of Governors or Directors of the Institution.

6. The Committee may interview a recommended candidate where a majority of members support a motion to interview a particular recommended candidate.

7. The Committee shall not hear submissions or representations from anyone not a member of the Committee.

8. Meetings of the Committee shall be open to the public unless the Committee by majority vote determines to meet in camera.

9. The Committee shall meet at least once a month every month of the year irrespective of whether the House of Assembly has been prorogued.

10. The committee shall approve or not approve recommended candidates on the basis of a simple majority.

11. The Committee shall make recommendations with respect to every name submitted by Executive Council on the day it appears on the agenda unless a majority of members agree to defer a recommendation to the next meeting.

12. Recommendations of the Committee shall be accepted by the Executive Council and the Minister responsible for the appointment.

13. The agenda for meetings and a list of recommended candidates and Form "A" will be provided to all members one week in advance.

FORM "A"

RECOMMENDED APPOINTMENT TO
AGENCY, BOARD OR COMMISSION

_________________________________________________________________________
Name of Agency, Board or Commission

_________________________________________________________________________
Title of Position for Appointment

Authority for Appointment (please cite statute, regulation, etc., by title and refer to relevant section)
_________________________________________________________________________
_________________________________________________________________________

Particulars of Recommended Appointee

Name: _______________________________________________________________
Address: _____________________________________________________________
____________________________________________________________________
____________________________________________________________________
Telephone: Business ____________________

Residence ____________________
Other (fax, cottage, car: please specify) ___________________
__________________________________________________

_________________________________________________________________________
Nature Of Duties (Brief description)

_________________________________________________________________________
Qualifications [Refer to expertise and representation (i.e. culture, gender, ethnic, regional) required for position and specific qualifications of recommended appointee. Attach resume, if available.]

_________________________________________________________________________
Current composition of Agency/Board/Commission: where relevant, gender, regional representation etc., experts or persons with experience similar to the applicant.

_________________________________________________________________________
If Candidate for appointment has been nominated by an organization, please indicate details.

_________________________________________________________________________
If request is for Governor in Council approval of appointment made by another organization, please indicate details.

_________________________________________________________________________
Term of Appointment

Length _______________________________________________________________
Beginning _____________________________________________________________

_________________________________________________________________________
Time Commitment Expected (Number and duration of meetings, etc.)

_________________________________________________________________________
Remuneration (Specify whether already set or new recommendation)

_________________________________________________________________________
This appointment is recommended, subject to the approval by the Human Resources Committee.

____________________ ________________________________________

Date Minister

_________________________________________________________________________
This appointment is recommended subject to approval by the Human Resources Committee of the House of Assembly.

____________________ ________________________________________

Date Executive Council

_________________________________________________________________________
This appointment is __________ approved by the Human Resources Committee of the House of Assembly.

____________________ ________________________________________

Date Chair

(d) the Community Services Committee is established for the purpose of considering matters normally assigned to or within the purview of the Departments and Ministers of Business and Consumer Services and of Municipal Affairs and matters relating to the Human Rights Commission and the Nova Scotia Sport and Recreation Commission;

(e) the Resources Committee is established for the purpose of considering matters normally assigned to or within the purview of the Departments and Ministers of Agriculture and Marketing, of the Environment, of Fisheries and of Natural Resources. 1987 R. 60(2); am. 1993; am. 1996.

Chairman of Public Accounts Committee

(3) The Chairman of the Public Accounts Committee shall be the member chosen at the commencement of the first Session of each Assembly by the Opposition House Leader from among such Members of the Committee as are Members of the Official Opposition. 1993 R. 60(3).

Posting of list of Standing Committees

(4) The Clerk of the House shall cause to be affixed in some conspicuous part of the lobbies of the House a list of the several Standing Committees appointed during each Assembly. 1955 R. 52(2) am.; 1980 R. 60(3); am. 1987; am. 1993.

Limitation on number of Members

(5) No Standing Committee of the House shall consist of more than nine Members. 1987 R. 60(5).

Minister not on Committee

(5A) With the exception of the Attorney General, who shall serve as Chairman of the Law Amendments Committee, no Minister shall be appointed to a Standing Committee established for the purpose of considering matters normally assigned to or within the purview of that Minister or that Ministers Department. 1987 R. 60(5A).

List of members

(5B) Notwithstanding anything contained in these Rules, at the beginning of each Session the House Leader of each party shall provide to the Chairman of the Special Committee a list of members from that party who are to be members of the Standing Committees of the House from that party and the members of Select and Special Committees, if any. 1993 R. 60(5B).

Substitution for committee member

(5C) Notwithstanding anything contained in these Rules, where a member of a Standing, Select or Special Committee, including the Committee on Assembly Matters, is not able to attend a meeting of the Committee, another member of the same party may be substituted for that member by the substituted member attending the meeting. 1993 R. 60(5C); 1995 R. 60(5C).

Replacement of committee member

(5D) Notwithstanding anything contained in these Rules, the member of a Standing, Select or Special Committee, including the Committee on Assembly Matters, may be replaced by another member of the same party by the House Leader of the members' party tabling a notice to that effect and filing a copy of the notice with the Clerk and the Chair of the Committee. 1995 R. 60(5D).

Quorum of Committee

(6) A majority of the number of Members appointed to compose a Select or Standing Committee shall constitute a quorum unless the House shall otherwise order. 1955 R. 52(4) am.; 1980 R. 60(5); am. 1987.

Voting in Committees

61 (1) All Questions before Committees shall be decided by a majority of voices, including the voice of the Chairman, and whenever the voices are equal the Chairman shall have a second or casting vote. 1955 R. 53 am.; 1980 R. 61(1).

Appeal to House from Committee decision

(2) All decisions of the Committee may be appealed to the House and such appeal shall be dealt with without debate. 1980 R. 61(2).

ESTIMATES

Duty of Minister upon tabling Estimates

62 When the Minister of Finance tables the Estimates, he shall

(a) read and table the message from the Lieutenant Governor transmitting the Estimates for the consideration of the House;

(b) table the Estimate books;

(d) deliver his budget speech. 1984 R. 62.

Response to budget speech

62A At the conclusion of the budget speech by the Minister of Finance, one member speaking on behalf of the Official Opposition and one member speaking on behalf of each recognized party may respond to the budget speech. 1984 R. 62A.

Committee of the Whole on Supply

62B The Members of the House constitute a Committee of the Whole on Supply to consider the Estimates. 1955 R. 54 am.; 1984 R. 62B; am. 1994.

Subcommittee on Supply

62C (1) The Members of the House constitute a Subcommittee on Supply. 1994 R. 62C(1).

Chair

(2) The Government House Leader shall designate a Member to be the Chair of the Subcommittee on Supply. 1994 R. 62C(2).

Estimates in Committee of the Whole

62D (1) The House Leader of the Official Opposition, or his or her designate, in consultation with the Minister leading the House at the time, shall determine which five Ministers of Governments Estimates are considered by the Committee of the Whole on Supply and the order in which they are to be considered. 1994 R. 62D(1).

Estimates referred to Subcommittee

(2) All Estimates not determined for consideration by the Committee of the Whole on Supply pursuant to paragraph (1) are referred to the Subcommittee on Supply. 1994 R. 62D(2).

Quorum of Committee of the Whole

62DA (1) Nine Members constitute a quorum of the Committee of the Whole on Supply. 1994 R. 62DA(1).

Hours of Committee

(2) The Committee of the Whole on Supply shall not meet for more than four hours on any day. 1994 R. 62DA(2).

Maximum number of hours

62DB A maximum of forty hours is allowed for consideration of Estimates by the Committee of the Whole on Supply. 1994 R. 62DB.

Time spent indicated in Orders of the Day

62E The Clerk shall indicate daily in the Orders of the Day the time spent in consideration of the Estimates by the Committee of the Whole on Supply and shall calculate the time from the moment each day following approval by the House of the motion "That the Speaker do now leave the Chair and that this House resolve itself into a Committee of the Whole on Supply" and the Chairman calls the Committee to order to the time each day the Committee of the Whole on Supply rises. 1984 R. 62E.

Quorum of Subcommittee

62F (1) Six Members constitute a quorum of the Subcommittee on Supply. 1994 R. 62F(1).

Sittings of Subcommittee

(2) The Subcommittee on Supply shall not sit

(a) when the House, including a Committee of the Whole House, is not sitting;

(b) until the completion of the daily routine of business of the House and, where applicable, the order of business ORAL QUESTIONS PUT BY MEMBERS TO MINISTERS;

(c) during the order of business OPPOSITION MEMBERS BUSINESS except with the agreement of the opposition party determining the order of such business; or

(d) more than four hours on any day. 1994 R. 62F(2).

Voting in Subcommittee

(3) All questions before the Subcommittee on Supply shall be decided by a majority of voices, including the voice of the Chair, and whenever the voices are equal the Chair has a second or casting vote. 1994 R. 62F(3).

Meetings open to public

(4) All meetings of the Subcommittee on Supply shall be open to the public. 1994 R. 62F(4).

Proceedings recorded and transcribed

(5) All proceedings of the meetings of the Subcommittee on Supply shall be

(a) recorded; and

(b) transcribed in the same manner as proceedings of the Committee of the Whole on Supply are transcribed. 1994 R. 62F(5).

Order of considering Estimates

62FA (1) Estimates referred to the Subcommittee on Supply shall be considered by the Subcommittee in an order determined by the Minister leading the House at the time. 1994 R. 62FA(1).

Maximum time for consideration of Estimates

(2) A maximum of forty hours shall be allowed for consideration of the Estimates by the Subcommittee on Supply. 1994 R. 62FA(2).

Votes respecting Estimates

(3) The Subcommittee on Supply shall not take any vote respecting the Estimates referred to it other than a vote to

(a) conclude its consideration of a particular Estimate; or

(b) conclude its consideration of all the Estimates referred to it and so report to the Committee of the Whole on Supply. 1994 R. 62FA(3).

Report of Subcommittee

(4) Upon conclusion by the Subcommittee on Supply of its consideration of the Estimates referred to it or upon expiration of the time the Subcommittee is allowed for such consideration, whichever first occurs, the Subcommittee shall report to the Committee of the Whole on Supply that the Subcommittee has completed its consideration of those Estimates. 1994 R. 62FA(4).

Support staff of Minister

62FB A Minister appearing before the Committee of the Whole on Supply or the Subcommittee on Supply during the consideration by the Committee or Subcommittee, as the case may be, of the Ministers Estimates may have one or two support staff seated with the Minister but all questions shall be directed to and answered by the Minister. 1994 R. 62FB.

Restriction on other committees sitting

62FC Neither the Law Amendments Committee nor the Private and Local Bills Committee shall meet while both the Committee of the Whole on Supply and the Subcommittee on Supply are meeting. 1994 R. 62FC.

Motion on Estimates

62FD Upon

(a) the Subcommittee on Supply reporting to the Committee of the Whole on Supply that the Subcommittee has concluded its consideration of the Estimates referred to it; and

(b) the conclusion by the Committee of the Whole on Supply of its consideration of the Estimates not referred to the Subcommittee on Supply or the expiration of the time the Committee of the Whole on Supply is allowed for consideration of Estimates, whichever first occurs,

the Chair of the Committee of the Whole on Supply shall put the question, without amendment or debate, "Shall all remaining Resolutions carry?", which question, when carried, shall carry every Resolution of every Estimate referred to the Committee, including Estimates referred to the Subcommittee, and the Chair shall thereupon report forthwith to the House. 1994 R. 62FD.

Motion to concur in report deemed before House

62G (1) Upon the making of the report referred to in Rule 62FD by the Chairman of the Committee of the Whole on Supply, a motion that the report be concurred in shall be deemed to be before the House. 1984 R. 62G(1); am. 1994.

Motion put

(2) The motion to concur in the report of the Committee of the Whole on Supply shall be put forthwith by the Speaker without amendment or debate. 1984 R. 62G(2).

Appropriations Bill

(3) When the motion to concur in the report of the Committee of the Whole on Supply has been carried, a Bill for an Appropriations Act may be introduced and upon introduction the questions for second and third reading shall be put forthwith, without amendment or debate, and the Bill shall not be committed. 1984 R. 62G(3).

PETITIONS

Filing of Petition

63 (1) A Petition to the House may be presented by a Member at any time during the sitting of the House by filing the same with the Clerk of the House. 1955 R. 56(1); 1980 R. 63(1).

Presentation of Petition in House

(2) Any Member desiring to present a Petition in his place in the House must do so during routine proceedings and before INTRODUCTION OF BILLS. 1955 R. 56(2); 1980 R. 63(2).

Debate not permitted

(3) On the presentation of a Petition, no debate on or in relation to the same shall be allowed. 1955 R. 56(3); 1980 R. 63(3).

Responsibility of Member for content

(4) Members presenting Petitions shall be answerable that they do not contain impertinent or improper matter. 1955 R. 56(4); 1980 R. 63(4).

Endorsement by Member

(5) Every Member presenting a Petition shall endorse his name thereon. 1955 R. 56(5); 1980 R. 63(5).

Minimum number of signatures

(6) 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 prayer of the Petition. 1955 R. 56(6); 1980 R. 63(6).

ATTENDANCE AND PAYMENT

OF WITNESS

Summoning of witnesses

64 (1) No witness shall be summoned to attend before any Committee of the House unless a certificate shall first have been filed with the Chairman of such Committee, by some Member thereof stating that the evidence to be obtained from such witness is, in his opinion, material and important and the Committee shall decide by majority vote whether such witness should be summoned. 1955 R. 57(1) am.; 1980 R. 64(1).

Payment of witnesses

(2) The Clerk of the House is authorized to pay out of the contingent fund to witnesses so summoned a reasonable sum per diem during their travel and attendance, to be determined by the Speaker, and a reasonable allowance for travelling expenses. 1955 R. 57(2); 1980 R. 64(2).

Claim for witness fees

(3) The claim of a witness for payment shall state the number of days during which he has been in attendance, the time necessary to travel and the amount of his travelling expenses, which claim and statement shall, before being paid, be certified by the Chairman of the Committee before which such witness has been summoned. 1955 R. 57(3); 1980 R. 64(3).

Witnesses residing at seat of Government

(4) No witness residing at the seat of Government shall be paid for his attendance. 1955 R. 57(4); 1980 R. 64(4).

PRIVATE AND LOCAL BILLS

Publication of Rules re Private and Local Bills

65 The Clerk shall publish the Rules relating to Private and Local Bills in the Royal Gazette once in October and once in April of each year. 1980 R. 65.

Duties of Committee

66 The Private and Local Bills Committee, in determining whether or not approval should be given to the favourable recommendation of a Private or Local Bill to the House, shall consider whether the objects to be achieved by enactment of the Bill can be achieved pursuant to the general legislation of the Province. 1987 R. 66.

67 Repealed 1987.

68 Repealed 1987.

Publication of notice of Private or Local Bill

69 The promoter of a Private or Local Bill shall publish a notice, stating concisely the nature and purpose of the Bill, in a newspaper circulating in the city, town or municipality in which persons affected by the Bill may reside, and the Select or Standing Committee to which the Private or Local Bill is referred shall satisfy itself that such an advertisement has been placed in sufficient time for the Bill, in the opinion of the Committee, to be reasonably considered by those persons affected by the contents of the Bill before recommending the Private or Local Bill to the favourable consideration of the House. 1955 R. 59 am; 1980 R. 69; am. 1993.

Notice of amendment in CWH or on third reading

70 No important amendment may be proposed to any Private or Local Bill in the Committee of the Whole House or at the third reading of the Bill unless two days notice of the proposed amendment has been given. 1955 R. 60; 1980 R. 70.

Block referral of Private and Local Bills to CWH

71 All Private or Local Bills reported to the House by any Committee may, on one motion, be referred together to a Committee of the Whole House, and such Committee may consider and report one or more Bills at the same time. 1955 R. 61; 1980 R. 71.

FEES

Payment of fees and printing costs before third reading

72 No Private or Local Bill shall be read a third time unless the cost of printing the Bill and all fees in connection with the Bill have been paid by the promoter of the Bill. 1955 R. 62 am.; 1980 R. 72.

Fees for incorporation or increase of share capital

73 Where a Private or Local Bill is for the purpose of incorporating a company with a share capital or increasing the share capital of a company already incorporated, there shall be paid the same fee as would be payable in the case of an incorporation or increase of capital under the provisions of the Companies Act or one hundred and fifty dollars ($150.00), whichever is the greater. 1955 R. 64 am.; 1980 R. 73.

Incorporation fee where no share capital

74 The fee payable by the promoter of a Private or Local Bill in which no share capital of a company is named or contemplated is one hundred and fifty dollars ($150.00). 1980 R. 74.

Waiver of fees

75 The fees payable on a Private or Local Bill in which no share capital of a company is named or contemplated may be remitted or waived, in whole or in part, by the Clerk on the direction of the Speaker. 1955 R. 71 am.; 1980 R. 75.

CLERK OF THE HOUSE

Duties of Clerk

76 The Clerk shall have the direction and control over other clerks and other persons employed in the office of the Clerk during the Session, subject to such orders as he may, from time to time, receive from the Speaker or the House. 1955 R. 72 am.; 1980 R. 76; am. 1996.

Distribution of Orders of the Day

77 (1) The Clerk of the House shall place on the Speakers Table and at each Members place, every day previous to the meeting of the House, the Orders of the Day, and shall post up in the lobby a copy of the same. 1955 R. 73(1), (2) am.; 1980 R. 77(1); am. 1996.

Motion and Order Book

(2) The Clerk shall keep a book, to be called the Motion and Order Book, and shall enter therein each day in the order in which they are made, or in which, according to the Rules of the House, they are to be considered, all Orders of the Day, notices of motion, questions put by Members, or other business to be transacted on the ensuing day. 1955 R. 73(3); 1980 R. 77(2).

Bill Book

(3) The Clerk shall keep a book, to be called the Bill Book, and shall enter therein each day all Bills introduced and the stages of such Bills as they progress through the House. 1980 R. 77(3).

Journals

(4) The Clerk shall see to the printing of the Journals of the House and shall be responsible for the proper indexing thereof. 1955 R. 73(4); 1980 R. 77(4).

LEGISLATIVE COUNSEL

Duties of Legislative Counsel

78 It shall be the duty of the Legislative Counsel

(a) to prepare and advise upon such legislation as may be required by the Executive Council or any Member thereof;

(b) to prepare amendments made by Select or Standing Committees, or in Committee of the Whole House;

(c) to report to the Governor in Council any provisions in any Bill deserving of special attention or which may, in his opinion, prejudicially affect the public interest;

(d) to, prior to its introduction, provide the Speaker with a copy of any Private Members Bill that appears to be a money Bill;

(e) to examine every Public Bill after its first reading in the House, and in case the Bill appears to him incorrect in any particular, to consult the Member introducing the same and, if the Bill is read a second time, to recommend to the committee to which the Bill is referred such alterations as may be deemed advisable;

(f) to report to the Chairman of the Private and Local Bills Committee any provisions in Private and Local Bills which are at variance with general Acts on the subject to which such Bills relate or with the usual provisions of Private Acts on similar subjects;

(g) to supervise the printing and arrangement of all Bills;

(h) wherever possible, to put marginal notes or headers on all Acts and to prepare an index of the same for the annual volume of Statutes. 1955 R. 74 am.; 1980 R. 78.

Approval of form of Bills by Legislative Counsel

79 All Bills shall be submitted to the Legislative Counsel before introduction and no Bill shall be introduced in the House until the Legislative Counsel approves such Bill as to form. 1955 R. 75 am.; 1980 R. 79.

SERGEANT-AT-ARMS

Duties of Sergeant-at-Arms

80 (1) The Sergeant-at-Arms attending the House shall be responsible for the safekeeping of the Mace and for enforcing orders or directions of the Speaker and he shall have such other duties as may be assigned to him by the Speaker. 1955 R. 76(1) am.; 1980 R. 80(1).

Release of persons committed to Sergeant-at-Arms

(2) No stranger who has been committed, by order of the House, to the custody of the Sergeant-at-Arms shall be released from such custody except by order of the Speaker. 1955 R. 76(2) am.; 1980 R. 80(2); am. 1996.

Absence of Sergeant-at-Arms

(3) In the absence of the Sergeant-at-Arms, his duties shall be performed by any other person appointed by the Speaker. 1955 R. 76(3); 1980 R. 80(3); am. 1996.

LEGISLATIVE LIBRARY

Functions of Legislative Librarian

81 The management of the Legislative Library, including regulation of admission, Library hours and the security and preservation of the collection, is the responsibility of the Legislative Librarian under the direction of the Speaker. 1980 R. 81; am. 1996.

Cataloguing of Library books

82 A proper catalogue of the books belonging to the Legislative Library shall be kept by the Legislative Librarian or the person who from time to time has the responsibility for custody of the Legislative Library. 1980 R. 82.

DEBATES

Records of Debates

83 (1) There shall be a printed record of the deliberations of each sitting day of the House to be known as the "Debates of the Nova Scotia House of Assembly" which shall be compiled, edited, printed, distributed and administered under the direction and authority of the Speaker. 1980 R. 83(1); am. 1996.

Procurement of staff and equipment

(2) The Speaker may engage such staff and obtain such materials and equipment as are necessary for the production and distribution of the said Debates. 1980 R. 83(2); am. 1996.

Responsibilities of Speaker re recording of Debates

(3) The Speaker shall be responsible for the maintenance of sound recording equipment for the recording of deliberations and proceedings of the sittings of the House and the custody of the tape-records produced therefrom. 1980 R. 83(3); am. 1996.

Daily record

(4) The Debates shall be produced daily from the taped records of the sittings of the House. 1980 R. 83(4).

HOURS OF ATTENDANCE

Staff hours of attendance

84 The hours of attendance of the respective officers of the House, and extra persons employed during the Session, shall be fixed from time to time by the Speaker. 1955 R. 77 am.; 1980 R. 84; am. 1996.

SUSPENSION OF RULE

Suspension of Rule

85 No Rule adopted by the House shall be dispensed with, unless by consent of at least two thirds of the Members present. 1955 R. 78; 1980 R. 85.

This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2006 Crown in right of Nova Scotia. Updated August 28, 2006. Send comments to legc.office@gov.ns.ca.

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