Standing Committee on Justice Policy

Terms of Reference
As per Standing Order 110(a), the Standing Committee on Justice Policy, in addition to any matter that may be referred by Order of the House, is empowered to study and report on all matters relating to the mandate, management, organization or operation of the ministries and offices which are assigned to it as well as the agencies, boards and commissions reporting to such ministries and offices. These studies are conducted according to either Standing Order 113 or 128.

Standing Order 113:

Under Standing Order 113, the policy field committees may conduct relatively unlimited studies. The only restriction is that the study must relate to a Ministry or Office assigned to that Committee. The subject matter and duration of the study are left to the Committee to decide. This Standing Order is usually used when the Committee agrees on what it wishes to study.

Standing Order 128:

Once in each Session, each permanent member (including the Chair) of the Standing Committee on Justice Policy, the Standing Committee on Social Policy, the Standing Committee on Heritage, Infrastructure and Cultural Policy, the Standing Committee on the Interior, the Standing Committee on Finance and Economic Affairs, and the Standing Committee on Procedure and House Affairs, is entitled to propose a matter to be considered by their particular committee. The matter must relate to the mandate, management, organization or operation of the Ministries and Offices assigned to the Committee as well as the Agencies, Boards and Commissions reporting to such Ministries and Offices.

The proposal of a member under this Standing Order must be adopted by at least two-thirds of the members of the Committee, excluding the Chair.

A study by the Committee under the terms of this Standing Order cannot take precedence over consideration of a government public bill.

The Committee may present a substantive report to the House and may adopt the text of a draft bill on the subject matter. At least three hours of debate will be allowed on the bill in the House at a time decided upon by the House Leaders of the recognized parties.

Estimates:

Estimates presentation

62 (a)   When a Budget has been presented, the main Estimates shall be tabled in the House no more than 12 Sessional days later. During those 12 days the Budget debate shall be completed. If no Budget has been presented by the first Sessional day following Victoria Day, the main Estimates shall be tabled at the next available Sessional day.

Estimates deemed referred to Standing Committees

(b)   Upon tabling or upon the appointment of committees pursuant to Standing Order 109.1(a) and assignment of Ministries and Offices pursuant to Standing Order 113(b), the Estimates shall be deemed to be referred to the Standing Committees to which the respective Ministries and Offices were assigned.

Estimates or Supplementary Estimates deemed concurred in

(c)   Notwithstanding clause (b), upon tabling, any Estimates or Supplementary Estimates approved by the Board of Internal Economy shall be deemed to be concurred in.

Estimates consideration

63 (a)   The consideration of Estimates shall not take precedence over consideration of a Government Bill.

Selection of Estimates to be considered

(b)   The order of consideration of the Estimates of the

1. Ministries and Offices referred to each committee shall be determined by selection of Members of the Committee, such that the Members of the party forming the Official Opposition shall select first, followed by the Members of the other recognized parties in decreasing order of their membership in the House, and the Members of the party forming the Government shall select last.

Choice of the Estimates of 1 Ministry or Office

(ii)   With each turn, the members of each Party may choose the Estimates of 1 Ministry or Office.
Exception
(ii.1)    The Estimates of the Office of the Premier and the Estimates of the Cabinet Office shall constitute one selection and represent a single turn taken under sub-clause (ii).
Same

(iii)   If, when their turn to select occurs, the Members of a party decline to make a selection, the selection process proceeds to the next party in rotation as provided in sub-clause (i).

Order of consideration

(c)   The Estimates of the Ministries and Offices shall be considered in the order in which they were selected. The Sub-committee on Committee Business of each committee may, by unanimous agreement, alter the order of consideration.

Time for consideration

(d)   The time for the consideration of the Estimates of each Ministry or Office shall be determined by the respective committee.
Exception for Estimates of the Lieutenant Governor        

1. The Estimates of the Office of the Lieutenant Governor, if selected by a committee, shall have no time allotted to them, and when these Estimates are considered, the Chair shall put, without further amendment or debate, every question necessary to dispose of these Estimates.

Concurrent consideration of Estimates of the Office of the Premier and Cabinet Office

2. The Estimates of the Office of the Premier and the Estimates of the Cabinet Office shall be allotted time jointly and shall be considered concurrently.

Not considered in Committee if same policy field being considered in House

(e)   No Estimates shall be considered in the Committee while any matter, including a procedural motion, relating to the same policy field is being considered in the House.

Estimates not selected deemed passed and reported

64 (a)   All other Estimates not selected for consideration by each Committee shall be deemed to be passed by the Committee and shall be reported back to the House

Committee report received and concurred in

(b)   The report of the Committee shall be deemed to be received and the Estimates for the Ministries and Offices named in the report shall be deemed to be concurred in.

Supplementary Estimates referred to Committee

65 (a)   Upon tabling or upon the appointment of committees pursuant to Standing Order 109.1(a) and assignment of Ministries and Offices pursuant to Standing Order 113(b), all Supplementary Estimates shall be deemed referred to the Standing Committee to which their Ministry or Office has been assigned.

Consideration of Supplementary Estimates

(b)   Each Standing Committee shall consider Supplementary Estimates of the Ministries and Offices selected within the time allocated pursuant to Standing Order 63(d) for the consideration of the main Estimates.
Supplementary Estimates not considered reported
Report deemed received and concurred in

(c)   All other Supplementary Estimates shall be reported back to the House. The report of each Committee shall be deemed to be received and the Supplementary Estimates for the Ministries and Offices named in the report shall be deemed to be concurred in.

One report by each Committee

66 (a)   Each Standing Committee shall present one report with respect to all of the Estimates and Supplementary Estimates considered pursuant to Standing Orders 63 and 65 no later than the third Thursday in November of each calendar year.

Procedure if Committee fails to report

(b)   In the event the Committee fails to report the said Estimates on the date provided for in clause (a), the Estimates and Supplementary Estimates shall be deemed to be passed by the Committee and shall be deemed to be reported to and received by the House.
 

Disposition of Supplementary Estimates

(c)   In the event that any Supplementary Estimates are not presented to the House until the third Thursday in November, or thereafter, then those Supplementary Estimates shall be deemed to be referred to the appropriate Committee as they are presented to the House, shall be deemed to be passed by that Committee and shall be deemed to be reported to and received by the House.
 

Concurrence debate
Equal division of time

(d)   There shall be an Order for Concurrence placed on the Orders and Notices Paper for each of the Estimates reported from each Committee. There shall be 2 hours, apportioned equally among the recognized parties, allotted to the debate on the Orders for Concurrence, at the end of which time the Speaker shall without further debate put every question necessary to dispose of the Order for Concurrence in Supply for each of the Ministries and Offices named in the Committees’ reports. No amendment to any question may be moved. If a recorded vote is requested by 5 Members, all divisions shall be stacked and disposed of in one single vote, and the division bell shall be limited to 10 minutes.
 

Supply Bill procedure

67   Adoption of Orders for Concurrence shall constitute an Order to bring in a Supply Bill founded on the resolutions contained therein, and founded on the resolutions contained in the deemed Concurrences made pursuant to Standing Orders 62, 64 and 65. Two hours, apportioned equally among the recognized parties, shall be allotted to the debate on the Second Reading stage of the Supply Bill, at the end of which time the Speaker shall without further debate or amendment put all questions necessary to dispose of this stage of the Bill. A Supply Bill given Second Reading shall be ordered for Third Reading, and the Order for Third Reading shall then immediately be called and the Speaker shall put the question forthwith without further debate or amendment, no deferral being permitted. In the case of any division under this Standing Order, the division bell shall be limited to 10 minutes.
 

Briefing material

68   The Minister or person answerable for the Estimates considered by the respective Standing Committees shall provide each Member of the Committee and the Clerk of the Committee with advance briefing material which shall include such information as growth rates, interim expenditures for the previous fiscal year, and an explanation of the programs and funding by particular item.
 

Conclusion of consideration or expiration of time

69   When the Committee has concluded its consideration of the Estimates of a Ministry or Office or the time established for the consideration of such Estimates has expired, the Chair shall put without further amendment or debate every question necessary to dispose of the Estimates.