105. The Clerk of the Senate shall during each recess of Parliament publish weekly in the Canada Gazette the following rules respecting notices of intended applications for private bills, and the substance thereof in the official gazette of each province.
106. (1) Every application to Parliament for a private bill shall be advertised by notice published in the Canada Gazette. Such notice shall clearly and distinctly state the nature and objects of the application, and shall be signed by or on behalf of the applicants, with the address of the party signing the same; and when the application is for an act of incorporation the name of the proposed company shall be stated in the notice.
(2) In addition to the notice in the Canada Gazette aforesaid, a similar notice shall be given in a leading news publication with substantial circulation in the area concerned and in the official gazette of the province concerned:
(a) where the application is for an act
(i) to incorporate a company or to amend and act respecting a company whose objects relate to transportation and communications generally; including airlines, pipelines, telecommunications, railways, or canals, or whose objects relate to the construction of any works;
(ii) to obtain any exclusive rights or privileges; or
(iii) to extend the powers of a company or to increase or reduce the capital stock, or to alter bonding or other borrowing powers, or to make any amendments which would in any way affect the rights or interests of the shareholders or bondholders or creditors of the company; and
(b) if the works or the objects of any such company are to be declared to be for the general advantage of Canada, such intention shall be specifically mentioned in the notice by registered mail to the departments of government concerned, whether federal, provincial or municipal, not less than two weeks before the consideration of the petition in accordance with rule 107.
(3) The notices required by this rule to be published in the Canada Gazette, the official gazette of the province concerned, and in a leading news publication, shall be published at least once a week for a period of four weeks and shall be in the English and French languages when reasonably required in accordance with the population composition of the area or province concerned.
(4) The applicants shall prove compliance with this rule by statutory declaration filed with the Clerk of the Senate.
107. (1) The Director of Committees shall be the Examiner of Petitions for Private Bills.
(2) Petitions for private bills when received by the Senate shall be considered by the Examiner. When a petition is without defect, the Examiner shall so report to the Senate. When a petition is defective, the Examiner shall so report to the Committee on Privileges, Standing Rules and Orders stating that in the Examiner's opinion the petition is defective and specifying the nature of such defects, which shall be taken into consideration, without special reference, by the Committee on Privileges, Standing Rules and Orders. The said committee shall study the report of the Examiner and report thereon to the Senate, and shall recommend to the Senate, the course to be taken in consequence of any defect.
108. A motion for the suspension of the rules upon any petition for a private bill shall not be in order, unless such suspension has been recommended by the Committee on Privileges, Standing Rules and Orders.
109. A private bill shall be introduced on petition and presented to the Senate after the petition has been favourably reported on in accordance with rule 107.
110. Any person seeking to obtain a private bill shall deposit with the Clerk of the Senate, if it is intended that the Bill shall originate in the Senate, a copy of such Bill in the English or French language, with a sum sufficient to pay for its translation and printing. The applicants shall also pay the Clerk of the Senate before introduction of the Bill in the Senate a sum of $200.00 together with the cost of printing the Act in the Statutes.
111. If demanded by two Senators, a private bill when read a first time shall be referred to the Standing Senate Committee on Legal and Constitutional Affairs to ascertain and report whether the said bill comes within the classes of subjects assigned exclusively to the legislatures of the provinces.
112. At any time before the passing of a private bill, the same may, if so ordered by the Senate, be referred to the Supreme Court for examination and report, as to any point or matter in connection with such bill expressed in the order of reference.
113. After its second reading, a private bill shall be referred to a committee, and any representations before the Senate for or against such bill stand referred to such committee.
114. After its first reading and before its consideration by any other committee, a private bill from the House of Commons, for which no petition has been received by the Senate, shall be taken into consideration and reported on by the Committee on Privileges, Standing Rules and Orders in like manner as a petition.
115. A private bill origination in the Senate, of which notice is required to be given, shall not be considered by a committee until after one week from the date of referral to such committee and, in the case of any such bill originating in the House of Commons, until twenty-four hours thereafter.
116. A Private Bill Register shall be kept in which shall be entered the names, descriptions and places of residence of the parties or their agents applying for a bill, and all the proceedings thereon from the receipt of the petition to the passing of the Bill. Such entry shall specify briefly each proceeding in the Senate, or in any committee to which the bill or petition may be referred, and the day on which the committee is appointed to sit. Such register shall be open to public inspection daily during office hours.
117. The Clerk of the Senate shall cause lists of all private bills to be prepared daily by the clerks of the committees to which the same are referred, and the time and place of each committee meeting shall be specified in such lists which shall be posted in the lobby of the Senate.
118. Any person whose interests may be affected by a private bill:
(a) may appear before the committee to which such bill has been referred or may make comments to the committee in writing; and
(b) if required to do so by the committee, shall appear before the committee.
119. Unless the Senate otherwise orders, a private bill reported from a select committee shall not be referred to a Committee of the Whole.
120. A substantial amendment may not be proposed to any private bill in a Committee of the Whole or on the motion for third reading of the bill unless notice of the same shall have been given on a previous day.
121. When a private bill is returned from the House of Commons with substantial amendments, such amendments, before being considered by the Senate, shall be referred to a Committee of the Whole or to the select committee to which such bill was originally referred.
122. Except as herein otherwise provided, the rules relating to public bills apply to private bills.
PART XII
GENERAL
123. (1) The Clerk of the Senate shall arrange for the transmission of messages from the Senate to the House of Commons and for the reception by the Senate of messages from the House of Commons.
(2) messages received from the House of Commons shall be read by the Speaker at the next opportunity.
124. (1) When the House of Commons requests that a Senator or any of the officers, clerks, or servants of the Senate attend before the House of Commons to be examined or appear before any committee thereof, such request shall be by message from the House of Commons requesting that the Senate grant leave to such Senator, officer, clerk or servant to attend.
(2) If the Senate grants leave, an officer, clerk or servant of the Senate shall attend before the House of Commons or a committee thereof, and a Senator may attend if the Senator thinks fit.
(3) Without such leave, a Senator, officer, clerk or servant of the Senate shall not, on any account, under penalty of being committed to the Gentleman Usher of the Black Rod or to prison during the pleasure of the Senate, go down to the House of Commons, or send an answer in writing or appear by counsel to answer any accusation there.
(4) In the absence of a message referred to in subsection (1), a Senator who so desires may voluntarily appear before any committee of the House of Commons.
125. The Journals of the Senate may be searched by the House of Commons, as the Journals of the House may be searched by the Senate.
126. Seats shall be reserved without the Bar of the Senate Chamber for former members of the Senate and members of the House of Commons who may desire to hear the debates.
127. A copy of the Journals of the Senate, certified by the Clerk of the Senate, shall be transmitted daily to the Governor General.
128. The Journals of the Senate shall be bound in annual volumes with full indexes as soon as may be after each session.
129. The printing or publishing of anything relating to the proceedings of the Senate shall be as ordered by the Senate.
130. (1) Subject to subsection (2) below, public proceedings in the Senate or in any committee thereof may be recorded or broadcast but only through the use of such audio feed facilities as may be installed for that purpose in the Senate or in any room used by a committee of the Senate, subject of such arrangements with the Clerk of the Senate or designate as may be necessary.
(2) Where a committee meets in a room that is not equipped with an audio feed facility, the chairman of the committee shall make such alternative arrangements, where practicable, as may be necessary to record or broadcast the public proceedings of that committee, if such recording or broadcasting is requested.
131. Accounts and papers may be ordered to be laid on the Table, and the Clerk of the Senate shall communicate to the Leader of the Government in the Senate all orders for papers mad by the Senate and such papers when returned shall be laid on the Table.
132. When the royal prerogative is concerned in any account or paper, an address shall be presented to the Governor General praying that the same may be laid before the Senate.
133. The Clerk of the Senate shall lay before the Senate on or before the thirty-first day of October, or if the Senate is not then sitting within fifteen days after the commencement of the next session, a detailed statement of the Clerks's receipts and disbursements for each fiscal year.
134. If for two consecutive sessions of Parliament a Senator has failed to give attendance in the Senate, the Clerk of the Senate shall report the same to the Senate, and the matter of such vacancy shall be heard and determined by the Senate with all convenient speed.
135. (1) The Sovereign, His Excellency the Governor General and His Deputy or Deputies shall have undoubted and unimpeded access to the Senate Chamber at all times and, in particular, while the Senate is meeting.
(2) When the Speaker receives a message indicating that any of the Personages, outlined in section (1) above, will be arriving at the Senate at a given hour to give Royal Assent to certain bill or bills, to prorogue or dissolve Parliament, or for any other reason, that hour shall be fixed for the beginning of the procedure.
(3) When the Speaker receives a message, in accordance with the provisions of section (2) above, the Speaker shall interrupt any proceeding then before the Senate and read the said message. If a message is received during the taking of a standing vote the Speaker shall read the message immediately after having declared whether the motion before the Senate is carried or lost. The time taken for reading the said message shall not be deducted from the time any Senator, who was speaking at the time the Speaker interrupted, is permitted to speak, nor shall it be deducted from the overall time remaining in a debate to which there is a time limit either established by these rules or by motion or other order of the Senate.
(4) If the Senate has completed its business for the day prior to the hour fixed in the message received pursuant to section (2) above, the Speaker shall suspend the sitting until not later than five minutes before the time set for the arrival of the Personage outlined in the message. When the sitting resumes, the Speaker shall order the bells to call in the Senators to be sounded for not more than five minutes.
(5) When a message has been received pursuant to section (2) above, no motion to adjourn the Senate shall be received and the rules regarding the ordinary daily hour of adjournment, or the provisions of any prior order of the Senate regarding the hour of adjournment that day shall be suspended until the procedure laid out in the message has been completed.
(6) When a message has fixed a time, pursuant to section (2) above, and a standing vote is requested for a time which would otherwise be taken at the same time as the arrival of the Personage outlined in the message received in accordance with section (2) above, such standing vote shall stan deferred, if applicable, until immediately after the departure of the Personage in question.
(7) Any deferred standing bote which would have been taken at or after the time fixed in the message received, pursuant to section (2) above, shall be further deferred, if applicable, until immediately after the departure of the Personage outlined in the message.
(8) When the Senate is sitting at the time fixed in the message, received pursuant to section(2) above, the Speaker shall interrupt any proceeding then before the Senate for the purpose of admitting the Personage outlined in the message. Such proceeding shall not be again taken up pursuant to section(9) below, until the proceeding outlined in the message has been completed and the Personage has departed the Senate Chamber thereafter.
(9) Unless otherwise provided in these rules, and if Parliament is still in session, immediately upon the departure of the Personage outlined in the message received in accordance with the provisions of section (2) above, the Speaker shall recognize the Senator whose intervention had been interrupted pursuant to section (8) above. The time taken for reading the said message shall not be deducted from the time allotted to any Senator, who was speaking at the time the Speaker interrupted, nor shall it be deducted from the overall time remaining in a debate to which there is a time limit either established by these rules or by motion or other Order of the Senate.
136. Within the first twenty sitting days of the first session of each Parliament, every Senator shall make and file with the Clerk of the Senate a renewed Declaration of Property Qualification, In the form prescribed in the Fifth Schedule annexed to the Constitution Act, 1867, and immediately after the expiration of such period the Clerk of the Senate shall lay upon the Table of the Senate a list of the Senators who have complied with this rule.
