Government of Canada / Gouvernement du Canada
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Referendum Act

Version of section 5 from 2002-12-31 to 2005-04-20:

Marginal note:Motion for approval of referendum question

  •  (1) Subject to subsections (2) and (4), a member of the Queen’s Privy Council for Canada referred to in section 4 or 5 of the Salaries Act may, in accordance with the procedures of the House of Commons, give notice of a motion for the approval of the text of a referendum question.

  • Marginal note:Consultation

    (2) The Leader of the Opposition and the leader of each political party having a recognized membership of twelve or more persons in the House of Commons shall be provided with, and be consulted about, the proposed text of a referendum question at least three days before notice of the motion for approval of the text is given.

  • Marginal note:Extended hours

    (3) On the filing of a request with the Speaker of the House of Commons by any fifteen members of the House after consultation under subsection (2) has commenced, the House shall sit beyond the normal hour of adjournment on each day on which the House is considering the motion until no further member rises in debate, but in any event, not later than midnight.

  • Marginal note:Consideration of motion

    (4) The motion shall be moved and considered by the House of Commons on the next sitting day of the House following the day on which notice of the motion was given.

  • Marginal note:Vote

    (5) On the expiration of the third sitting day of the House of Commons on which the motion is considered, or at such earlier time as the House is ready for the question, the Speaker shall forthwith, without further debate or amendment, put every question necessary for the disposition of the motion.

  • Marginal note:Motion for concurrence

    (6) If the motion is adopted by the House of Commons, with or without amendment, a message shall be sent from that House informing the Senate that the motion has been so adopted and requesting that the motion be concurred in by the Senate.

  • Marginal note:Consideration of motion

    (7) A motion that is the subject of a request for concurrence shall be dealt with by the Senate in accordance with subsections (4) and (5).

  • Marginal note:Concurrence in amendments

    (8) If the motion is amended by the Senate, the motion in the House of Commons to concur in the amendment shall be moved and disposed of on the next sitting day of the House following the day on which the message of the amendment was received by the House, and any further amendment by the House shall be similarly dealt with in the Senate.

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