At Work in the Chamber
The Speaker of the House of Commons
In addition to his duties in the Chamber, the
Speaker represents the House of Commons in its
relations with the Crown, the Senate and authorities
outside Parliament. In this capacity, he welcomes many
visiting dignitaries and delegations, and represents
the House during national events and visits abroad. The
Speaker also has the standard responsibilities of a
Member of Parliament.
In general, the House of Commons follows a parliamentary
calendar that establishes a schedule of sittings and
adjournments running from September to June. These
sittings and adjournments are grouped together into
sessions. There can be several sessions in a Parliament
or as few as one. The beginning of each session is
highlighted by the Speech from
the Throne, which outlines the government's
commitments for that session.
In 2005-2006, the House continued its work as part of the
first session of the 38th Parliament. On November 24,
2005, the Leader of the Official Opposition moved a
motion of non-confidence which was put to a vote on
November 28, 2005 and adopted. As a result, business
ended on November 29, 2005, when the Governor General,
acting on the advice of the Prime Minister, dissolved
Parliament and called a general election.
Maintaining Order in the House
The
Speaker of the House of Commons maintains order in
the Chamber and ensures that every Member respects the
rules and practices of the House. The Speaker is elected
by secret ballot.
The Speaker is assisted by three other Chair Occupants,
who are selected from among the Members to serve as
presiding officers. They help the Speaker ensure that the
House follows the rules and traditions that govern it.
The Speaker proposes candidates for the positions after
consulting with the leaders of recognized political
parties in the House. During the 38th Parliament, the
Honourable Peter Milliken was Speaker and the following
Members served as presiding officers: Chuck Strahl,
Deputy Speaker and Chair of Committees of the Whole;
Marcel Proulx, Deputy Chair of Committees of the Whole;
and the Honourable Jean Augustine, Assistant Deputy Chair
of Committees of the Whole.
parliamentary heritage
An Impartial, Accurate Record
Hansard is a report of the debates in the House
of Commons-not a verbatim transcript as many believe,
but a record with slight alterations to make it more
precise and readable. Editors can correct errors in
figures, improve grammar and eliminate minor
repetition. Members can do the same with their
speeches; however, they can never, as tempting as it
may occasionally be, change the substance and meaning
of their words.
The name of the report comes from T.C.
Hansard's Hansard's Parliamentary Debates, a
reprint that began in 1812 of the speeches given in
the Parliament of the United Kingdom. Hansard
is now used to designate the official debates of
parliaments throughout the English-speaking
world.
Creating Canada's Laws
Adopting and amending laws is one of the major functions
of the House of Commons. Federal legislation starts out
as a "bill," which is a proposal to create a new law or
to amend an existing law. A bill must be approved (in
identical form) by both the Senate and the House of
Commons, and receive Royal Assent before it can become
law. The time required to pass a bill can vary, depending
on the urgency of the matter, its complexity and the
degree of consensus among Members.
There are two main types of bills: public and private.
Generally,
public bills concern matters of public policy, such
as agriculture or finance. They can be sponsored by the
government and introduced by a Cabinet Minister
(government bill), or sponsored by Private Members (any
Member who is not a Minister). The latter is called a
Private Member's public bill.
Private bills are designed to exempt an individual or
group from the application of the law, such as a bill to
incorporate a private company. For example, Bill S-25,
An Act to amend the Act of incorporation of The
General Synod of the Anglican Church of Canada,
received Royal Assent on May 19, 2005.
Bills may also be introduced in the Senate. However, any
bills to raise or spend public funds (known as money
bills) must be introduced in the House of Commons.
From April 1, 2005 to March 31, 2006, there were 45
government bills introduced in the House of Commons. This
proposed legislation covered a range of social, economic
and political issues, such as:
-
burden of proof regarding proceeds of crime
-
civil marriage
-
election advertising
-
helping Canadians deal with high energy costs
-
Labrador Inuit land claims
-
strengthening animal cruelty laws
-
the prevention of street-racing
-
wage earner protection as a result of bankrupt or
insolvent companies
Over the past fiscal year, 121 Private Members' public
bills were introduced. Like the legislation proposed by
the government, these bills focused on a variety of
issues of importance to the public, such as:
-
changes to foreign property rules for retirement
savings plans
-
creating a national day of appreciation for members of
the Canadian Forces, police officers, firefighters and
others
-
health-care services for autistic persons
-
increasing employment insurance benefit periods based
on regional unemployment rates
-
personal identity theft
-
publishing information concerning youth charged as
adults in criminal court
-
regulating Voice over Internet Protocol services
As a result of changes to the Standing Orders in the 37th
Parliament, more Private Members' public bills were
approved in principle at second reading. Excluding
Private Members' public bills changing the name of
electoral districts, four Private Members' public bills
received Royal Assent (and hence became law), in part due
to the short duration of the 38th Parliament.
Legislative Statistics
Government bills introduced in 2005-2006: 45
Private Members' public bills introduced in
2005-2006: 121
Members of the House of Commons can suggest amendments to
bills. Over 1,000 motions of amendment were proposed at
committee and report stages during the 38th Parliament.
A number of booklets and fact sheets are available that
describe the legislative process in simple terms.
Inside Canada's Parliament,
Guide to the Canadian House of Commons, and
How Canadians Govern Themselves are just some of
the publications offered on the Parliament
of Canada Web site. A recent addition to the site,
House of Commons Procedure and Practice, by
former Clerk of the House of Commons Robert Marleau and
former Deputy Clerk Camille Montpetit, provides detailed
explanations of the workings of the House of Commons.
Maintaining Responsible Government
One of the most important functions of the House of
Commons is to question the government about its policies
and performance, and give it the opportunity to explain
its actions. Members of Parliament carry out this role by
asking questions during
Question Period, submitting questions to the
government in writing, and selecting topics for debate on
specified days.
Her Excellency the Right Honourable Michaëlle Jean,
Governor General of Canada, gives Royal Assent to
legislation after it has been reviewed and approved by
both the Senate and the House of Commons.
Photo: © Senate of Canada
Journalists wait in the House of Commons foyer to speak
to Members after Question Period.
Photo: © House of Commons
During each sitting day, 45 minutes are reserved for oral
questions, or
Question Period as it is more widely known. During
this time, members of the opposition parties can ask
questions of the Prime Minister, Cabinet Ministers and
committee chairpersons. Members of the government who are
not in Cabinet may also pose questions. These questions
concern the programs, policies and activities under the
Cabinet's responsibility. Either a Minister or a
parliamentary secretary responds. When detailed, lengthy
or technical information is sought from the government,
questions can be submitted in writing. The replies are
subsequently tabled in the House of Commons.
Overall, 3,232 oral questions were posed and 133 written
questions submitted in the past fiscal year. During this
period, an average of 38 questions per sitting day were
asked during
Question Period.
Opposition parties can also raise issues of concern by
selecting the topics for the House to debate on allotted
days (also known as opposition or supply days). Each
calendar year, 22 days are set aside to consider these
motions sponsored by opposition Members. The allotted
days are divided based on party representation and as a
result of ongoing consultations among opposition parties.
Over the past fiscal year, the issues discussed on
allotted days included the following:
-
a Canadian strategy for health
-
a strategy to help older workers
-
child care
-
confidence in the government
-
discrimination on the basis of political opinion
-
employment insurance
-
the 39th general election
-
the Access to Information Act
-
the Air India bombing
-
the mandate of the Gomery Commission
-
the sponsorship program
-
the World Trade Organization
Members can also participate in special debates, referred
to as "take-note debates," which focus on important
public issues. They are held after the ordinary hour of
daily adjournment and usually continue late into the
evening. In 2005-2006, the following topics were debated:
-
Canada's military mission in Afghanistan
-
cross-border sale of drugs via the Internet
-
democratic reform and citizens' engagement
-
RCMP and law enforcement
-
softwood lumber
-
supply management
-
U.S. Western Hemisphere Travel Initiative
parliamentary heritage
The Power of the Printed Word
For centuries in the United Kingdom, Members'
speeches were guarded out of fear they would not be
well received by the Crown. Since reporters could be
arrested for taking notes, they would rely on memory
and, remarkably, commit the speeches to paper upon
leaving the Chamber. In many legislatures, including
Canada's, visitors still are not allowed to enter the
galleries with pen and paper.
In 1837, Canadian reporters gained the right to
record the debates. However, these records consisted
of biased and incomplete newspaper reports, and
compilations of articles nicknamed the Scrapbook
Hansard. Eleven months after the first
official Hansard in May 1880, a motion was
called for its discontinuance. Some Members didn't
want their speeches to be published; others didn't
want to bear the expense of producing the
reports.
Sir John A. Macdonald passionately argued, "I
hope we shall not make such a relapse into barbarism
as to throw over the only means by which after
generations shall be able to learn…what were the
moving impulses of the people and their
representatives in Parliament." The speech was
recorded in the debates, and the resolution
defeated.
Tabling Documents
Tabling a document is a formal way of presenting
information to the House of Commons and putting it on the
official public record. A variety of reports must be
tabled, including the annual reports of various
departments and agencies, non-judicial Order-in-Council
appointments, and government responses to committee
reports. Ministers can table any report or paper
concerning matters related to the administrative
responsibilities of the government.
In 2005-2006, 1,455 parliamentary documents were tabled
in the House of Commons, including the
First Report of the Commission of Inquiry into the
Sponsorship Program and Advertising Activities
(Gomery Commission), a
Report on Democratic Reform, and the
Annual Report of the Privacy Commissioner of
Canada.
Establishing the Rules for the Chamber
Speaker Milliken marks Flag Day against a backdrop of
the original Canadian flag that flew from the Peace
Tower in 1965.
Photo: © C. Diotte
The daily activities in the Chamber are managed according
to a set of rules known as the Standing Orders as well as
a series of practices and traditions, some of which came
to Canada from Great Britain and some of which were
developed here. The House of Commons continues to develop
and modify its rules and practices to help it conduct
business effectively. In 2005-2006, very few changes were
made to the
Standing Orders, but the House made permanent the
rules governing Private Members' Business, which had been
provisional in nature since March 2003. These rules
represent a significant modification since they allow all
Members of the House, with the exception of the Speaker,
the Deputy Speaker, Cabinet Ministers and their
parliamentary secretaries, to put forward a bill or a
motion for debate and eventual vote in the House.
Rules and practices can also be changed through rulings
or decisions by the Speaker. In some cases, when more
extensive procedural research is not required, these
rulings are delivered "on the spot" by the Speaker. When
a more in-depth examination of the facts of the case,
past practices and precedents is required, a written
ruling is prepared. In the period of this report, the
Speaker delivered 49 rulings, which dealt with such
questions as:
-
comments discrediting the reputation of a Senator
-
committees' authority to revoke an Order-in-Council
appointment
-
disclosure of in-camera proceedings
-
improper use of fax lines by individuals or
organizations with no affiliation with the House, and
the registration of Internet domain names of certain
Members of the House of Commons
-
mailings and the use of Members' mailing frank
-
the alleged failure of the government to answer a
question on the
Order Paper
-
the conduct of the House of Commons Ethics Commissioner