Governing Provisions
Committees, as creations of the House of
Commons, only possess the authority, structure and mandates that have been
delegated to them by the House. These are found in the standing and special
orders which the House has adopted concerning committees. The House has
specified that, in relationship to standing, special or legislative committees,
“the Standing Orders shall apply so far as may be applicable, except the
Standing Orders as to the election of a Speaker, seconding of motions, limiting
the number of times of speaking and the length of
speeches.” [46]
With these exceptions, committees are bound
to follow the procedures set out in the Standing
Orders [47]
as well as
any specific sessional or special orders that the House has issued to them.
Committees are otherwise left free to organize their work. In this sense,
committees are said to be “masters of their own
proceedings”. [48]
Effect of Prorogation on Committees
Committee mandates and powers may derive
from standing or special orders, but they are in effect only during a session.
When Parliament is prorogued, Members are released from their responsibility to
attend the House (and its committees), all orders of reference lapse, and
committees effectively cease to exist. The only aspect of a committee’s
work which survives prorogation is a request for a government response to a
committee report. [49]
The House may choose to reconstitute a
special committee or re-adopt a special order of reference to a standing
committee at the beginning of the next session so that the work may be
completed. To do this, the House adopts an order of reference containing the
same elements as those used originally, along with a provision that evidence
adduced in the previous session be referred to the reconstituted
committee. [50]
Where bills have been reinstated in a new
session, the House has on occasion referred the evidence adduced and the
documents received in the previous session to the new legislative or standing
committee to which it had referred the reinstated
bills. [51]