Experience has shown that smaller and
more flexible committees, when entrusted with interesting matters, can have a
very positive impact on the development of our parliamentary system, upgrade the
role of Members of Parliament, sharpen their interest and ultimately enable this
institution to produce much more enlightened measures that better meet the
wishes of the Canadian people.
Yvon Pinard, President of the Privy Council
(Debates, November 29, 1982, p. 21071)
A
s with other large deliberative
assemblies, the House of Commons has taken advantage of the greater flexibility
available in committees to carry out functions which can be better performed in
smaller groups. These include the examination of witnesses and the detailed
consideration of legislation, estimates and technical matters. Committee work
provides detailed information to parliamentarians on issues of concern to the
electorate and often provokes important public debate. In addition, because
committees interact directly with the public, they provide an immediate and
visible conduit between elected representatives and Canadians. With respect to
their formal proceedings, committees are microcosms and extensions of the House,
limited in their powers by the authority delegated to them. This chapter will
examine the history, the rules of procedure and the business conducted by
committees of the House of Commons.
Historical Perspective
British Precedents
Committees of the British Parliament have
existed in some form since the fourteenth
century. [1]
The
precursors to the first parliamentary committees were the individuals selected
as Triers and Examiners of
petitions, [2]
and the
earliest duty of committees, as we know them, was to draw up legislation to
carry into effect those prayers of petitions to which the Crown had acceded. By
the middle of the sixteenth century, committees formed part of the regular
machinery of parliament, modifying or “improving” legislation to
which the House of Commons had agreed in principle. Committees had their own
meeting room in the palace of Westminster and committee practice had acquired
many of its modern characteristics, including the more relaxed rules governing
debate, the right to appoint sub-committees and the right to summon witnesses.
However, the House was always careful to exercise control over, and
responsibility for, those matters it referred to committee.
At that time, there were two sorts of
committees: large committees of 30 to 40 members, and small committees of up to
15 members. The large committees, often composed of different classes of members
(professional, regional, functional), were struck to consider substantive
matters. In the beginning, they were always classified as “special”
committees, that is, bodies created for a particular purpose and disbanded as
soon as that purpose was discharged. Over time, some of these large committees
were given sessional orders of reference (or mandates) which remained in effect
for the duration of a session. As “standing” committees, they were
charged with an area of responsibility, such as the consideration of a class of
bills or a particular department of House
business. [3]
By the
middle of the seventeenth century, a fairly elaborate system of standing
committees was in place, and that system remained virtually unchanged over the
next two centuries. [4]
The smaller committees, composed of only
those members who had been specifically named by the House, became known as
“select” committees. While any Member could attend select committee
proceedings, only those specifically named to the committee by the House could
participate in the
deliberations. [5]
By contrast, it became common in the large
committees to allow whoever attended to participate in the discussion. As the
practice of allowing any Member to speak in a large committee evolved, they came
to be known as the “general” or “grand” committees.
Ultimately, the membership of these committees equalled that of the House itself
and they were referred to as Committees of the
Whole. [6]
Grand
committees became the preferred forum for the consideration of “bills of
great concernment, and chiefly in bills to impose a tax, or raise money from the
people… to the end there may be opportunity for fuller debates, for that at a
committee the members have liberty to speak as often as they shall see cause, to
one question…” [7]
Britain’s revolutionary Long
Parliament
(1640-60), [8]
which
assumed all the powers of administration and government on behalf of the
Commonwealth, effectively did away with grand committees and ruled by means of
small committees. Committees of the Whole were seen to be “highly
inconvenient”, affording as they did equal debating rights to the
opposition. [9]
With the
Restoration, [10]
Parliament, in 1661, once again reverted to grand committees to consider its
most significant orders of business and, by 1700, it had become common to
examine bills in Committees of the Whole House following second
reading. [11]
Over the
years, various committees on reform continued to suggest that legislation again
be referred to the small committees; however, the House continued to prefer the
greater openness available in the larger forum.
Pre-Confederation Procedure in Committees
Contrary to the United Kingdom practice in
the nineteenth century, where the majority of committee work was carried out in
Committees of the Whole, the legislatures of Upper and Lower Canada regularly
referred bills to select committees for
consideration. [12]
In
fact, the standing committee system in the two Canadas, as it evolved, more
closely resembled the committee structure of the American colonial legislatures
and the United States Congress than that of the British
Parliament. [13]
A
fairly sophisticated system of committees emerged over the
1830s.
In 1831, Lower Canada began appointing a
number of standing committees (i.e., committees having an on-going mandate) at
the beginning of every session. Somewhat later, in 1836, the Assembly of Upper
Canada appointed 12 select standing committees, touching virtually all matters
of government business, a departure from its usual practice of nominating ad
hoc or special committees as the need
arose. [14]
Committees afforded Members of the
Legislative Assemblies a degree of independence from the Executive and reflected
their desire to involve themselves more directly in government affairs. For this
reason, the Executive Council of Upper Canada discontinued the practice of
appointing standing committees following the 1837
rebellion. [15]
Similarly, the government of the United Province of Canada (1841-66) refused
initially to institute a system of standing committees, contending this would
compromise the principle of responsible
government. [16]
Development of the Rules Respecting Committees of the Canadian House of Commons
The rules respecting committees of the
House of Commons in the new Dominion of Canada were inherited from the Province
of Canada, and were essentially the same as those used in the legislature of
Lower Canada prior to the Union Act,
1840. [17]
Efforts
at reform, both before and since Confederation, have continued to reflect either
the desire to improve the efficiency of the legislature, or the perpetual
struggle to alter the balance of power between the legislature and the
Executive.
Of the original Standing Orders adopted in
1867, few were directly concerned with standing or special committees. The rules
did not list which committees should be struck, nor specify their powers,
procedures or the authority of the Chair. They did, however, deny committee
membership to any individual who had declared against the matter under
consideration. [18]
A
feature of British parliamentary practice since at least the time of Queen
Elizabeth I, this rule was not rescinded in Canada until
1955. [19]
From 1867 to 1906, the list of House
standing
committees [20]
was
established by way of a motion adopted during each session of each Parliament,
usually in the first days following the Speech from the
Throne. [21]
In 1906,
the House included in the Standing Orders, for the first time, a list of
“standing” committees which the House had decided should be
appointed in every session, although even these committees were active only when
the House specifically ordered them to consider a particular
matter. [22]
Special
and joint committees, whose number and mandate varied from one year to the next,
were also established during the course of each session. Also in 1906, the House
instituted a committee of selection charged with nominating the standing
committee membership. [23]
Due to the considerable size of most
committees in the early years of Confederation (some had over one hundred
members), and the rule that a majority of the membership was needed for a
quorum, the larger standing committees experienced considerable difficulty
gathering together enough members, on a regular basis, to meet and transact
business. [24]
Consequently, over the years, the size of standing committees declined, falling
as low as 15 members during the Twenty-Sixth Parliament (1963-65) and rising
again to 16-18 members in the Thirty-Sixth
Parliament. [25]
On the
other hand, the number of House standing committees grew from 10 in 1867 to 25
in 1986, falling back to 17 in the Thirty-Sixth Parliament (1997- ). [26]
Despite the fact that a standing committee
structure was established at Confederation, for the first hundred years, most of
the committees did not actually meet from one session to another and most House
business was transacted on the floor of the Chamber, often in a Committee of the
Whole. [27]
The House
repeatedly considered enhancing the role of standing committees, particularly in
relation to the study of Estimates. On several occasions, Members expressed
concern over the lack of detailed scrutiny the Estimates received in the House
and suggested they could be studied more effectively by first referring them to
standing and select committees for consideration. A proposal to this effect was
referred to a special committee in February
1925. [28]
Although the
proposal was not endorsed by the committee, the issue continued to be raised in
the House. In July 1955, the House agreed to a motion providing for the
withdrawal of the Estimates from the Committee of Supply and referring them to
standing or special
committees. [29]
In
1958, the House added a Standing Committee on
Estimates. [30]
In
1964, a Special Committee on Procedure and Organization further proposed that
the Main Estimates be referred automatically after tabling to the standing
committees. [31]
In 1965, the Standing Orders were modified,
on a provisional basis, permitting standing committees to examine the
Estimates. [32]
However, it was not until 1968 that the House agreed to a permanent
restructuring and reorientation of the committee system. Under the new rules,
the Main Estimates would be tabled and referred to the standing committees by
March 1 of each year, to be reported back (or deemed reported back) to the House
by May 31. As well, provision was made for standing committee consideration of
all bills (other than those based on Supply, and Ways and Means motions) after
second reading. [33]
In 1982, the House again appointed a
special committee to review the Standing
Orders [34]
and
proceeded to implement several of its recommendations on a provisional basis.
Among the most significant changes were those automatically referring the annual
reports of departments, agencies and Crown corporations to standing committees
and empowering the committees to initiate their own studies or investigations
based on the information in those
reports. [35]
Early in
the subsequent Parliament (1984-88), the House agreed to retain the provisional
changes [36]
and struck
yet another special committee to inquire into the efficacy of all aspects of
House procedure and
administration. [37]
This committee made recommendations to enlarge the scope of committee mandates
to give standing committees “broad authority” to look into and
report to the House on any matter which was relevant to the departments for
which they were responsible; to create a committee structure which reflected, as
much as practicable, the organization of
government; [38]
and to
establish a Liaison Committee, consisting of the Chairs of all standing
committees and appropriate Chairs or Vice-Chairs of joint committees, charged
with the allocation of committee
budgets. [39]
Provisional changes to the Standing Orders in 1986 incorporated the majority of
the Committee’s recommendations relating to committees; these changes were
made permanent the following
year. [40]
The
House’s standing committee structure was readjusted in 1991 and 1994,
reflecting changes in government
organization. [41]
Apart from these reorganizations of the
committee system, there have been two other significant changes to committee
practice since the McGrath Committee reforms, both aimed principally at
enhancing the profile and effectiveness of committees and backbenchers. In April
1991, the House agreed to allow committees to broadcast their proceedings within
guidelines established by the Standing Committee on House
Management; [42]
in
1994, [43]
the rules
were again amended to permit the House to appoint and/or instruct a committee to
bring in a bill, and to refer bills to a committee before second
reading. [44]
The
intent of these changes was to give ordinary Members an opportunity to
participate in policy development before the government had committed itself to
a particular legislative
initiative. [45]
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]
Structure and Mandate of Committees
Leaving aside Committees of the Whole,
which are discussed in detail in Chapter 19, there are several distinct types of
committees: standing, legislative, special, joint and sub-committees. All are
“select” committees, that is, the House has chosen a limited number
of members for each committee from among all the Members of the
House. [52]
Standing
committees are provided for in the Standing Orders; permanent changes to the
list of these committees can only be made by amending the Standing Orders.
Legislative and special committees are appointed by motion on an ad hoc
basis to carry out specific tasks and cease to exist when they have tabled their
final reports. Joint committees are composed of members from both the House and
Senate; they may be either standing or special. Sub-committees are committees
struck by committees themselves for various purposes. They may exist for the
entire duration of the main committee or may cease to exist when their specific
purpose has been accomplished.
Standing Committees
Standing committees are permanent
committees established by Standing
Order. [53]
They are
mandated by the House to oversee a government department or departments, to
review particular areas of federal policy or to exercise procedural and
administrative responsibilities related to Parliament. Some committees may have
both departmental and policy-area responsibilities. As well as the permanent
mandates provided to standing committees by the Standing Orders, other matters
are routinely referred to them by the House for examination:
bills, [54]
Estimates, [55]
Order-in-Council
appointments, [56]
documents tabled in the House pursuant to
statute, [57]
and
specific matters which the House wishes to have
studied. [58]
The House
refers specific studies to committees by adopting a motion to that effect. The
motion, once adopted, becomes an order of the House to a committee, known as an
order of reference. In addition to the subject matter of the study, the order of
reference may also contain conditions that the committee must comply with in
carrying out the study or additional powers which it may require for that
purpose.
The majority of standing committees are
established to oversee a government department or
departments. [59]
These
committees are charged with the review of the relevant statute law, departmental
operations and expenditures, and the effectiveness of the policies and programs
of the department. [60]
The House adjusts the number and responsibilities of departmental standing
committees to reflect changes in the structure of government administration.
The Standing Orders provide for a number of
committees to have either particular policy responsibilities which have
application throughout the federal
administration [61]
or
responsibility for matters pertaining to the procedures and the administration
of the House and its
committees. [62]
These
committees may be responsible for overseeing a specific government department as
well. The mandates currently are as follows:
- The mandate of the Standing
Committee on Canadian Heritage includes the monitoring of federal multicultural
policy throughout the Government of Canada to aid in preserving and enhancing
Canada’s multicultural heritage and to encourage government departments
and agencies to reflect that
heritage. [63]
- The mandate of the Standing
Committee on Finance includes the consideration of and report on proposals
regarding the budgetary policy of the
government. [64]
- The mandate of the Standing
Committee on Human Resources Development and the Status of Persons with
Disabilities includes the proposing, promoting, monitoring and assessing of
initiatives directed at the social integration of persons with
disabilities. [65]
- The mandate of the Standing
Committee on Justice and Human Rights includes the review of the reports of the
Canadian Human Rights
Commission. [66]
- The mandate of the Standing
Committee on Procedure and House
Affairs [67]
includes
the review of House administration and the services and facilities provided to
Members, as well as those services under the joint administration of the two
Houses. It also deals with the review of the Standing Orders, the procedures and
practices of the House, all matters relating to the election of Members of the
House of Commons, the broadcasting of proceedings and the selection of votable
items of Private Members’
Business. [68]
It is to
this Committee that the House ordinarily refers matters relating to
parliamentary privilege. The Committee is responsible for nominating the members
of House committees and the House membership of standing joint committees, as
well as preparing lists of associate
members. [69]
The
Committee is also specifically charged with establishing priority of use of
committee meeting rooms. [70]
- The mandate of the Standing
Committee on Public Accounts includes the review of and report on the Public
Accounts of Canada and all reports of the Auditor General of
Canada. [71]
Powers
The Standing Orders formerly contained no
provisions with respect to the powers of standing committees. Powers were
provided in the motion establishing a given
committee [72]
or,
following the inclusion of a list of standing committees in the Standing Orders,
by separate motion. The powers given usually included the power to examine and
enquire into all such things as the House might refer, the power to report from
time to time and the power to send for persons, papers and
records. [73]
In 1965,
the Standing Orders were amended to give powers to standing committees on a
permanent basis. In addition to those listed above, the power to print from day
to day such papers and evidence as the committee might order was included at
that time. [74]
Subsequently, this list was extended to include the power to sit when the House
is sitting or when it stands adjourned, to delegate powers to sub-committees
(except the power to report directly to the
House), [75]
to sit
jointly with other committees of the House, and to append supplementary or
dissenting opinions to
reports. [76]
In
addition, standing committees are empowered to broadcast their proceedings in
accordance with guidelines prepared by the Procedure and House Affairs
Committee. [77]
They
may retain the services of expert, professional, technical and clerical
staff. [78]
They are
accorded an interim spending authority by the Board of Internal
Economy. [79]
Finally,
standing committees are empowered to meet without a quorum for the purpose of
hearing evidence and to publish that evidence. At such meetings, no vote,
resolution or other decision may be
taken. [80]
Should a standing committee require
additional powers to carry out a particular study, the additional powers may be
conferred by the House either by concurring in a report of the committee which
contains a request for
powers [81]
or by
simply adopting a motion to confer the desired
power. [82]
It is left
to each standing committee to decide the extent to which it will exercise the
powers granted to it by the House.
Liaison Committee
The Liaison Committee is a permanent
committee, established pursuant to the Standing Orders, but is not a standing
committee. It is made up ex officio of the Chairs of all the standing
committees and the House Chairs of the standing joint committees. The Liaison
Committee is responsible for apportioning funds to standing committees from the
money allocated for that purpose by the Board of Internal
Economy. [83]
It meets
in camera to deliberate on administrative matters relating to the
standing committee system and has a quorum of seven
members. [84]
It is
empowered to report to the House from time to time and has also carried out
studies on the effectiveness of the committees of the
House. [85]
The Liaison Committee Chair is empowered to
request that a list of associate members for the Liaison Committee be prepared
and reported to the House by the Procedure and House Affairs
Committee. [86]
These
associate members are deemed to be Liaison Committee members for the purpose of
forming
sub-committees. [87]
Associate members of the Liaison Committee are not committee chairs and may
include members from all
parties. [88]
The
Liaison Committee usually establishes a Budget Sub-committee charged with
apportioning the funds provided by the Board of Internal Economy to the various
standing committees.
Legislative Committees
Legislative committees are a distinct type
of committee intended expressly to undertake the consideration of legislation.
They were created by amendment to the Standing Orders in 1985 in response to
recommendations of the Lefebvre and McGrath
Committees. [89]
It was
felt at the time that standing committees, with an expanded mandate to initiate
studies without a specific reference from the House, would not also be able to
readily deal with legislation. The solution proposed to this difficulty was the
creation of legislative committees appointed solely to deal with
bills. [90]
They are
appointed by the House on an ad hoc
basis [91]
to deal with particular bills and cease to exist
upon the presentation of their report to the House.
A legislative committee is required to be
struck once second reading debate has begun on a bill which is to be referred to
such a committee, or once debate has begun on a motion to appoint a legislative
committee. The Procedure and House Affairs Committee must present a report
containing a list of members within five sitting days of the beginning of the
debate. [92]
The report
is deemed adopted the moment it is presented in the House. The Speaker then
appoints a Chair for the committee from the Panel of
Chairmen. [93]
The
legislative committee meets for the purpose of organization once the bill has
been referred to it by the House. The organization meeting must take place
within two days of the naming of the Chair and the adoption of the motion
referring the bill to committee or appointing the
committee. [94]
Powers
A legislative committee is empowered to
examine and enquire into the
bill [95]
referred to
it and to report the same with or without amendments. It is not empowered to
present a report containing substantive recommendations concerning the
bill. [96]
A
legislative committee may also be created to prepare and to bring in a
bill. [97]
In its
examination, the committee may send for officials of government departments,
agencies and Crown corporations and competent technical
witnesses. [98]
It may
send for papers and records, sit while the House is
sitting, [99]
sit while
the House stands
adjourned, [100]
and
print papers and
evidence. [101]
A
legislative committee may also delegate to a sub-committee on agenda and
procedure the power to schedule meetings, send for witnesses, papers and records
subject to approval by the full
committee. [102]
The
Board of Internal Economy may accord spending
authority [103]
to
legislative committees and a legislative committee may retain such expert,
professional, technical and clerical staff as it deems
necessary. [104]
Should a legislative committee require
additional powers, they can only be obtained by having the House adopt a motion
to that effect. [105]
Special Committees
Special committees are appointed by the
House to carry out specific inquiries, studies or other tasks which the House
judges of special
importance. [106]
Each
special committee is created by means of a motion agreed to by the House (in the
case of special joint committees, by both
Houses [107] ).
This
motion defines the committee’s mandate and usually enumerates other
provisions: its powers, its membership and the deadline for submitting its final
report. The actual terms of the motion vary from case to case, to suit the
specific task for which the committee is being established by the
House.
Special committees cease to exist with the
presentation of their final
report. [108]
Where a
special committee has not completed its work by the end of a session, it ceases
on prorogation, but it may be revived in a subsequent
session. [109]
Powers
Special committees possess only those
powers that are provided to them by the House in the order of reference which
establishes them [110]
or by subsequent motion. Depending on whether its mandate concerns a particular
subject matter or consideration of a bill, a special committee may be given the
powers of a
standing [111]
or
legislative [112]
committee. The House may provide special committees with additional powers such
as the power to
travel, [113]
special
broadcasting
powers [114]
or any
other exceptional powers it deems
necessary. [115]
The
Board of Internal Economy may accord special committees spending
authority. [116]
When
a special committee requires additional powers to complete a study, it may,
where it has been given the power to report from time to time, make a request
for those powers in a report to the House. The House confers the requested
powers by concurring in the committee’s
report. [117]
Alternatively, the House may simply adopt a motion to confer the powers which
the committee
requires. [118]
Joint Committees
Joint committees are composed of members of
both the House of Commons and the Senate, and may be standing or special.
Standing joint committees are permanent committees established pursuant to the
Standing Orders of the House of Commons and the Rules of the
Senate. [119]
They
deal either with administrative matters related to both Houses or with matters
having application throughout the federal sphere.
Special joint committees are established by
motion of both Houses to deal with matters of great public importance. The House
which wishes to initiate a special joint committee first adopts a motion to
establish it and includes a provision inviting the other Chamber to participate
in the proposed committee’s
work. [120]
In
addition to the subject of the study, the motion also includes any directions
which the originating House may choose to give to the committee and the list of
powers which are being delegated to it. The motion may also appoint the members
of the committee or indicate how the membership will be established. Decisions
of one House concerning the membership, mandate and powers of a proposed joint
committee are communicated to the other House by message. While each House
retains control of its own members on the committee, both Houses must be in
agreement about the mandate and powers of the committee in order for it to be
able to undertake its work. Once a request to participate in a joint committee
is received, the other House, if it so desires, adopts a motion to establish
such a committee and includes a provision to be returned, stating that it agrees
to the request. Once the originating House has been informed of the agreement of
the other Chamber, the committee can be organized. A special joint committee
ceases to exist when it has presented its final report to both Houses, or at
prorogation.
Mandate
Standing Joint Committees
The Standing Orders provide for three
standing joint committees: Library of Parliament, Official Languages and
Scrutiny of
Regulations. [121]
The
Standing Joint Committee on the Library of Parliament is charged with the review
of the effectiveness, management and operation of the Library of Parliament,
which serves both the House of Commons and the
Senate. [122]
The
mandate of this committee arises from a statutory provision giving direction and
control of the Library to the Speakers of the House and Senate, with the
provision that they are to be assisted by a joint
committee. [123]
The Standing Joint Committee on Official
Languages is responsible for reviewing and reporting on official languages
policies and programs including the reports of the Commissioner of Official
Languages, which are deemed permanently referred to the Committee once they are
tabled in the
House. [124]
The
mandate of this Committee arises from a statutory provision requiring that the
administration of the Official Languages Act and reports made under the
Act be permanently reviewed by a committee of one or both
Houses. [125]
The Standing Joint Committee for the
Scrutiny of
Regulations [126]
is mandated to review and scrutinize statutory
instruments. [127]
The
Committee’s mandate is set out in part in the Standing
Orders [128]
and in
part in the Statute Revision Act and the Statutory Instruments
Act. [129]
At the
beginning of each session, the Committee presents a report relating to its
review of the regulatory process, proposing a more detailed mandate. When the
report is concurred in, this proposed mandate then becomes an order of reference
to the Committee for the remainder of the
session. [130]
Special Joint Committees
The mandate of a special joint committee is
contained in the order of reference which establishes the committee. In recent
years, special joint committees have been appointed to deal with such subjects
as child
custody, [131]
defence [132]
and
foreign policy, [133]
a code of conduct for Members and
Senators [134]
and
Senate reform. [135]
Constitutional matters have often been dealt with by special joint
committees. [136]
Special joint committees have also been appointed to deal with legislation,
either by being empowered to prepare a
bill, [137]
or to
study a bill following second
reading. [138]
Powers
Because a joint committee exists only by
order of both Houses, the powers provided to a joint committee by the House of
Commons can be exercised by the committee only if a similar empowerment is
provided by the
Senate. [139]
Each
House provides certain powers to its committees through the rules which it has
adopted; additional powers, where required, must be provided for by special
order. The motions conferring powers on a joint committee may vary in their
terms as a result of differences in the rules of the two Houses, but in order
for a power to be exercised by a joint committee, it must receive the power
through orders from both Houses. Notably, Senate Rules prohibit committees from
meeting during sittings of the
Senate. [140]
In order
for a joint committee to sit at any time (as it is permitted to do by the
House), a special order must be adopted by the
Senate. [141]
Standing Joint Committees
The powers accorded to standing joint
committees by the House are the same as those accorded to other standing
committees of the House:
- to examine and enquire into all such matters as the House may refer to them;
- to report from time to time;
- to send for persons, papers and records;
- to sit when the House is sitting and to sit when the House stands adjourned;
- to sit jointly with other committees of the House;
- to print papers and evidence;
- to delegate to sub-committees all
of the other powers except the power to report directly to the
House. [142]
In addition, the Standing Orders provide
standing joint committees with limited spending
authority, [143]
and
the power to
broadcast, [144]
to
hire expert, professional, technical and clerical
staff, [145]
to
establish a reduced
quorum [146]
for the
purpose of hearing
testimony [147]
and to
request a comprehensive response from the government to any report presented to
the House. [148]
Special Joint Committees
Special joint committees have only those
powers which are set out in the order of reference which establishes each
committee. The powers granted to special joint committees vary, depending on the
mandate given to them. They may be granted powers similar to those granted to
standing joint committees by the Standing
Orders. [149]
They are
often granted additional powers with respect to
travel [150]
and the
broadcasting of their
proceedings. [151]
Sub-committees
Sub-committees are to committees what
committees are to the House; the parent body is relieved of a portion of its
workload by delegating some part of its mandate or a particular task to a
smaller group. Committees may establish sub-committees only if they have been
empowered to do so. The House has, on occasion, established a sub-committee
directly or ordered that a particular study be carried out by a
sub-committee. [152]
Proceedings in sub-committees are of an informal, collegial nature. Their
membership is often not proportional to the party representation on the main
committee and members other than government members have been selected to chair
sub-committees.
Standing committees (including, so far as
the House is concerned, standing joint committees) are empowered to establish
sub-committees. [153]
In forming sub-committees, standing committees may draw not only on the members
of the main committee but also on its associate
members. [154]
Special
committees may establish sub-committees only if empowered to do so by the orders
of reference which established them. The Liaison Committee, despite its limited
mandate, is empowered to create sub-committees, drawing their membership both
from the main committee and from the list of associate
members. [155]
A legislative committee is only permitted
to establish a sub-committee on agenda and procedure, to which it may delegate
the power to schedule meetings, to call for government officials and technical
witnesses and to send for papers and records, subject to the approval of the
main committee. [156]
As legislative committees have a very specific mandate (i.e., consideration of a
bill), they do not require sub-committees for other than planning purposes.
Depending on their workload, legislative committees have not always found it
necessary to establish a sub-committee.
Most standing and special committees also
find it convenient to establish a sub-committee on agenda and procedure, also
called the steering committee, for planning
purposes. [157]
Decisions reached by the sub-committee on agenda and procedure are subject to
ratification by the full committee. This is done by means of concurrence in a
report from the sub-committee, containing its recommendations on the
organization of the committee’s
work. [158]
Mandate
Sub-committees receive their mandate in the
order of reference adopted by the main committee. By practice, certain
sub-committees are struck in every session and continue in operation until the
end of the session: for example, the sub-committee on agenda and
procedure [159]
and
sub-committees charged with the responsibility for a specific aspect of the
committee’s overall
mandate. [160]
Sub-committees may also be formed to carry out a specific
study; [161]
such
sub-committees cease to exist once they have made their final report to the main
committee. If their work is interrupted by prorogation, the main committee may
decide to revive the sub-committee in the subsequent
session. [162]
Powers
Sub-committees possess only those powers
which are conferred on them by the main committee. Sub-committees to which part
of a committee’s permanent mandate is delegated, or those undertaking
special studies, are usually given the full powers of the main
committee. [163]
Where
the House accords additional powers to a standing committee by special order,
these powers may be accorded to sub-committees by the main committee. Special
committees may delegate to a sub-committee any of the powers granted to them in
the order of reference, including the power to travel or special broadcasting
powers. [164]
However,
sub-committees are restricted from reporting directly to the
House. [165]
Depending on the purpose for which it is
established, a sub-committee may be given a more restricted list of powers than
that possessed by the main committee. [166]
Sub-committees on agenda and procedure, as their function is only to plan the
work of the main committee, are not ordinarily given powers with respect to the
summoning of witnesses or sending for documents.
Where a sub-committee requires additional
powers, it may put its request in the form of a report to the main committee. If
the powers sought are beyond those that the main committee can delegate, the
main committee may request them in a report to the House, or the House may adopt
a motion granting them
directly. [167]
Membership
General Provisions
Committees cannot take up the
responsibilities assigned to them until their membership has been named. At the
commencement of the first session of a
Parliament, [168]
a
motion is typically moved by the Government House
Leader [169]
to
appoint the Standing Committee on Procedure and House Affairs to act as a
striking
committee, [170]
that
is, to prepare a list of the members to serve on the standing committees of the
House (or, in the case of standing joint committees, the House members on those
committees). The Committee is also responsible for naming members to legislative
committees and for dealing with changes to the membership of standing
committees. It may also be called upon to report a proposed membership for a
special committee. The membership of the Standing Committee on Procedural and
House Affairs continues from session to session throughout the life of a
Parliament. The Committee has chosen to delegate to the whips of the recognized
parties the authority to strike the membership of
committees. [171]
Committee membership generally reflects the
proportions of the various recognized parties in the House. Where the governing
party has a majority in the House, it will also have a majority on every House
committee. Independent members have not ordinarily been appointed to
committees. [172]
The membership of committees must be
composed of Members of the House of Commons. They may serve on more than one
committee. While no rule prevents any Member from being named to a committee,
current practice normally excludes certain Members who have other parliamentary
functions: the
Speaker [173]
and
other Chair
occupants, [174]
Ministers [175]
(including the Prime
Minister [176] )
and
the leaders of recognized parties. Parliamentary Secretaries are usually named
to the standing committees having a mandate in their area of
responsibility. [177]
Lists of the members of standing, legislative and special committees, of
sub-committees and of the Liaison Committee are appended weekly to the
Debates and are available on the Parliamentary
Website. [178]
Only members of a committee (or officially
designated substitutes) may move motions, vote and be counted as part of the
quorum. Other members of the House may attend committee meetings, question
witnesses and participate in the committee’s public proceedings, unless
the House or the committee orders otherwise. They may not, however, move
motions, vote or be part of a
quorum. [179]
The
attendance of other Members at in camera meetings is a matter for the
committee to decide; however, they usually withdraw when the committee
deliberates on a report to the House.
Standing Committees
The Standing Orders provide for standing
committees to be composed of 16 to 18
members. [180]
Within
10 sitting days of its appointment at the beginning of a Parliament, the
Standing Committee on Procedure and House Affairs is required to report to the
House the list of standing committee
members. [181]
The
list of committee members must be revised annually within the first 10 sitting
days following the summer adjournment as provided for in the parliamentary
calendar, and again at the beginning of each new session, provided that only one
such report is presented by the Committee between the third Monday in September
and December 31. [182]
The membership of standing committees comes
into effect when the Procedure and House Affairs Committee’s report is
concurred in by the
House. [183]
Until
such a report is concurred in, the committee membership previously approved by
the House, if any, remains in
force. [184]
Legislative Committees
The Procedure and House Affairs Committee
is also responsible for naming members to legislative committees, which are
struck on an ad hoc basis. Within five sitting days of the commencement
of debate on a motion to establish a legislative committee or to refer a bill to
one, the Procedure and House Affairs Committee must meet to establish a
membership list of not more than 15 members to serve as the legislative
committee. [185]
The
membership list does not include the Chair of the committee, who is named
separately by the Speaker from the Panel of
Chairmen. [186]
The
report, which must be presented in the House no later than the following
Thursday, [187]
is
deemed adopted upon presentation.
Special Committees
The Standing Orders provide that special
committees shall have no more than 15
members. [188]
The
membership of special committees may be established in several ways: the order
of reference establishing such a committee may include its
members; [189]
the
membership may be named separately by order of the
House; [190]
or the
order of reference establishing the special committee may contain an instruction
to a striking committee to prepare and bring in a list of names of
members. [191]
The
report by a striking committee must be concurred in by the
House.
Joint Committees
Joint committees, both standing and
special, have memberships proportional to the relative size of both
Houses. [192]
House
membership on joint committees is established following the procedure for the
corresponding type of House committee (i.e., standing or special). House
membership on standing joint committees is determined by the concurrence in a
report from the Procedure and House Affairs
Committee. [193]
House
membership on special joint committees may be included in the order of reference
which establishes the committee; [194]
or it may be
named later either by motion of the
House [195]
or by
concurrence in a report from the Procedure and House Affairs
Committee. [196]
In
every case, the House must inform the Senate of the members who will represent
it by way of a message. This may be accomplished either by communicating the
original order of reference (if it contains the membership
list) [197]
or by a
separate message. [198]
Sub-committees
The membership of a sub-committee is
usually determined by the main committee. Members of sub-committees may be named
directly as part of the order of reference passed by the main
committee [199]
or by
the Chair of the main committee following consultations with the party
whips. [200]
They can
be selected either from the regular members of the committee or from the list of
associate members established by the Procedure and House Affairs
Committee. [201]
The
House has, on occasion, named the members of a sub-committee
directly. [202]
The
main committee may alter the composition of a sub-committee it has named, but
not that of one whose membership was named by the
House. [203]
Where committees have agreed to establish
sub-committees on agenda and procedure (steering committees), their memberships
have varied considerably to suit the needs of individual committees. This
sub-committee typically consists of the Chair of the committee, the Vice-Chairs,
representatives of each of the other recognized parties and, on committees
having a departmental responsibility, the Parliamentary
Secretary. [204]
The membership of a sub-committee need not
necessarily reflect the proportions of party membership either on the main
committee or in the House itself. For ex-ample, the membership of the
Sub-committee on Private Member’s Business has consisted of a Chair from
the government party and a single representative from each recognized
party. [205]
Substitutions
In 1985, the McGrath Committee recommended
that members be responsible for finding their own replacements when they were
unable to attend committee
meetings. [206]
When
members of a standing or standing joint committee are unable to attend committee
meetings, the Standing Orders provide for their replacement by designated
substitutes. [207]
A
substitute enjoys the same rights and privileges as the regular member of a
committee being replaced. Substitutes are counted for purposes of establishing a
quorum; they may participate in debate, move motions and
vote. [208]
A
substitution cannot be in effect while the committee member is present at the
meeting. Thus, a member, such as the Parliamentary Secretary, who is called upon
to appear as a witness before a committee of which he or she is a member, cannot
be substituted at that meeting, but retains his or her right to participate and
vote in any decisions the committee may take during the
meeting. [209]
Standing committee members may file with
the clerk of the committee a list of the names of not more than 14 members of
their party who may act as substitutes when required. The list is to be filed
within five sitting days of the committee’s organization meeting, and
amendments to it may be filed at later times as
required. [210]
Notification of a proposed substitution from a list must be sent by the member
to the party whip the day before it is to take effect. After signing the
notification, the whip forwards it to the clerk of the
committee. [211]
If no
substitute list is filed with the clerk or no notice has been received by the
clerk, the whip may initiate a substitution by filing a notice with the clerk of
the committee. [212]
For the purpose of substitution, the whip may select any member of his or her
party or the independent members listeas associate members of the
committee. [213]
The Standing Orders do not provide for
substitutions in legislative committees. However, Members who are unable to
carry out their duties on a legislative committee may be replaced by filing a
change in membership, signed by the party whip, with the clerk of the
committee. [214]
As
there is no limit on the number and frequency of such changes, they serve both
to make permanent changes to a committee’s membership and as a de
facto substitution system.
Substitutions are permitted on special
committees only where such a power is granted in their order of reference and
only in the manner stipulated. The House has permitted substitutions on special
committees in a manner similar to that used for standing
committees [215]
and
has also permitted special committee membership to be changed on signed
notification of the Chief Whip of a party, as is done for legislative
committees. [216]
As
the order of reference of a special committee usually sets no limit on the
number or frequency of such changes, they serve both to make permanent changes
to the committee’s membership and as a de facto substitution
system.
Committees do not normally make explicit
provision for substitutions when establishing sub-committees. The membership of
a sub-committee is often designated by indicating the number of members from
each party who will form the sub-committee, rather than designating members by
name. This permits any of the regular or associate members of a party on the
main committee to attend a given meeting of the sub-committee, up to the maximum
stipulated in its order of
reference. [217]
Associate Members
In addition to regular committee members,
the Standing Orders also provide for associate members. Associate members are
eligible to be named to sub-committees and to act as substitutes for regular
members who are unable to attend committee meetings. While associate members are
serving on sub-committees or as substitutes for regular members, they enjoy all
of the rights of regular committee members: they are counted for purposes of
establishing a quorum, they may participate in debate, they may move motions and
vote. [218]
The use of
associate members on sub-committees helps to reduce the workload of regular
committee
members. [219]
It also
permits members with particular interest or expertise in the specific area being
examined by the sub-committee to participate in its work, without being obliged
to become a regular member of the main committee.
The Procedure and House Affairs Committee,
in its capacity as striking committee, is responsible for preparing and bringing
in a list of associate members for standing and standing joint
committees. [220]
Ex Officio Members
Some committees have appointed “ex
officio members” who were not Members of the House to participate in
various committee studies. These individuals, who represented groups
specifically targeted by the studies, were permitted to pose questions to
witnesses, participate in the committees’ deliberations and in the
drafting of reports. They were not permitted to move motions or to vote, nor
could they be counted for the purposes of
quorum. [221]
Changes in Membership
It is generally accepted that a Member is
bound to serve on a committee to which he or she has been duly
appointed. [222]
Members were formerly excused from service on a committee only if they could
show some reason why they were unable to
attend. [223]
As
Members are named to committees by the House, they cannot simply resign. They
may only be removed following a membership change or by a decision of the House.
Committees themselves have no power to alter their own membership. In order to
maintain the relative number of members of each party on a committee, the
removal of a member is coupled with the naming of a
replacement.
Where a Member wishes to resign from a
standing committee, he or she may give notice of that intention in writing to
the Procedure and House Affairs Committee. The Committee reports to the House
indicating the names of the Member wishing to be removed from the standing
committee and the new Member being named to it. The change takes effect when the
House has concurred in the Committee’s
report. [224]
Changes in the membership of legislative
committees are effected by having a notice thereof, signed by the Chief Whip of
that member’s party, filed with the clerk of the committee. The notice
indicates both the member being removed from the committee and the
replacement. [225]
Where the House makes provisions for
changes to the membership of a special committee in the order of reference
creating the committee, such provisions usually parallel those used for
legislative
committees. [226]
Changes in the House membership of joint
committees are made following the procedures used in the corresponding type of
House committees (i.e., standing or
special). [227]
As the membership of sub-committees is
normally established by designating a certain number of members from each party,
rather than by naming specific individuals, no special provision is required for
membership changes.
Chairs and Vice-Chairs
Role of Chairs
The Chair of a committee is responsible for
recognizing members and witnesses who seek the floor and ensuring that any rules
established by the committee concerning the apportioning of speaking time are
respected. Furthermore, the Chair is also responsible for maintaining order in
committee proceedings. However, the Chair does not have the power to censure
disorder or decide questions of privilege; this can only be done by the House
upon receiving a report from the
committee. [228]
As the presiding officer of the committee,
the Chair does not move motions. Furthermore, the Chair does not vote, except in
two situations: when a committee is considering a private bill, the Chair may
vote like all other members of the committee; and, in all cases where there is
an equality of votes, the Chair has a casting vote.
Reports to the House from the committee are
signed by the Chair, who must ensure that the text presented in the House is the
one agreed to by the committee. Committee reports to the House are usually
presented by the
Chair. [229]
During
the Oral Question Period in the House, a committee Chair may respond to
questions, provided they deal with the proceedings or schedule of the committee
and not the substance of its
work. [230]
Any Member of the House may be asked to
chair a committee, provided that, for all committees except legislative
committees, he or she is a member of that committee. The Speaker and the Deputy
Speaker have chaired a variety of committees on matters related to the
House. [231]
The
Deputy Speaker has also been called upon, as an ex officio member of the
Panel of Chairmen, to chair legislative
committees. [232]
Ministers, [233]
party
leaders and independent
Members [234]
do not
normally serve on committees and, hence, do not act as Chairs.
Chairs of standing and special committees
also often assume a leadership role in planning and co-ordinating the
committee’s work and in conducting its investigations.
The Chairs of standing committees (and
House Joint Chairs of standing joint committees) are ex officio members
of the Liaison Committee, responsible for the allocation of funds to standing
committees. [235]
Chairs of legislative committees have a
role analogous to the Chair of Committees of the Whole House. Selected from the
all-party Panel of Chairmen by the Speaker, they preside without participating
in the debate on substantive issues. This need for impartiality was cited by
both the Lefebvre and the McGrath Committees as the justification for
establishing the Panel of Chairmen for legislative
committees. [236]
Some
legislative committee Chairs have cited this principle of impartiality as
grounds for abstaining from votes in the House on the bill they were to preside
over in
committee. [237]
Unlike the Chairs of other committees, the Chair of a legislative committee is
not considered a member of the committee and is not counted as part of a
quorum. [238]
The Chair of a sub-committee has the same
role as the Chair of the main committee. By practice, the Chair of the main
committee serves as Chair of the sub-committee on agenda and procedure (the
steering committee).
Role of Vice-Chairs
The Vice-Chairs of committees serve as
replacements, presiding over meetings when the Chair is unable to attend. All of
the Chair’s powers can be delegated to the Vice-Chair, but the Vice-Chair
cannot preside over a committee meeting while the office of Chair is
vacant. [239]
Normally, Vice-Chairs also serve as members of the sub-committee on agenda and
procedure.
Acting Chairs
In the absence of the Chair and the
Vice-Chairs of a committee, an Acting Chair must be chosen to preside over a
committee meeting. With the committee’s consent, the Chair of a standing
or special committee will often designate a member to act as Chair. Where no
Acting Chair has been designated, the clerk of the committee presides over the
election of an Acting Chair at the beginning of the meeting. The Chair of a
legislative committee is empowered by Standing Order to designate a member of
the committee as an Acting
Chair. [240]
An Acting
Chair has all of the powers and duties of the Chair while presiding but has no
power to convene meetings of the committee or to preside when the office of
Chair is vacant.
Election of the Chair and the Vice-Chair
The election of a committee Chair is the
first order of a committee’s business. Chairs and Vice-Chairs are elected
at the beginning of a session and, as necessary, during the course of a session.
The election of the Chair, presided over by the clerk of the committee, proceeds
by way of a motion, rather than the balloting procedure employed to elect the
Speaker of the
House. [241]
Where
several different motions are proposed, the clerk may take those proposed after
the initial motion as notices of
motion. [242]
The
motions are put to the committee seriatim until one of the motions is
adopted. Only a regular member of the committee may be proposed for the position
of Chair, but the member nominated need not be present at the meeting. When a
committee Chair is elected in absentia, the clerk immediately proceeds to
the election of an Acting Chair, who presides over the remainder of the
meeting. [243]
When a motion for the election of a Chair
is made, the clerk will first ask if the committee agrees to the nominating
motion and will, if necessary, call for the “yeas” and
“nays”. Members are free to request that the vote be a recorded
vote, that is, that the names of those voting for or against the nominating
motion be recorded in the
minutes. [244]
On
occasion, committees have had recourse to a secret
ballot. [245]
This is
done only when the committee members express a unanimous desire to proceed in
this manner. [246]
As
the meeting is called pursuant to Standing Order for the sole purpose of
electing a Chair, and since the committee is not properly constituted until the
Chair has been selected, the clerk who presides over the election has no
authority to hear points of order or to entertain any motion except that for the
election of a Chair, not even a motion to establish the manner in which the
committee wishes to proceed with that election. As well, in the event of a tie
vote, the clerk does not have a casting vote.
If no motion proposing a member for the
position of Chair is adopted, no other business can be transacted. When an
impasse is evident, the members disperse and must be reconvened by the clerk at
a later time, with the election of a Chair remaining their first order of
business. [247]
In the event of resignation or removal of
the Chair from the committee, a new Chair must be elected before the committee
can take up other
business. [248]
This
parallels proceedings in the House, where a vacancy in the office of Speaker
necessitates the immediate election of a new Speaker before any other matter can
be considered. [249]
Where the Chair announces his or her resignation as Chair at a committee
meeting, the committee proceeds immediately to the election of a new
Chair. [250]
A standing committee must meet to elect a
Chair within 10 days of concurrence in the Procedure and House Affairs
Committee’s report establishing the committee
membership. [251]
This
normally occurs at the beginning of each session and following the presentation
of the new membership report in September. Elections are held after the
September report, whether or not there has been any change in committee
membership. [252]
Each standing committee elects a Chair and
two Vice-Chairs of whom two must be government members and the third a member of
the opposition. [253]
While the Standing Orders do not require it, the practice has been that the
opposition member is from the Official
Opposition. [254]
As
well, the Chairs of standing committees have traditionally been government
members, with the exception of the Chair of the Standing Committee on Public
Accounts [255]
and the
House Joint Chair of the Standing Joint Committee for the Scrutiny of
Regulations, [256]
both of which elect Chairs from the Official
Opposition. [257]
The Chair of the committee (or, in the
Chair’s absence, the Acting Chair) presides over the election of the
Vice-Chairs. Where a committee is electing two Vice-Chairs, one from the
government party and one from the opposition, there is no set order in which the
elections must be held, and each committee is free to arrange its own
proceedings. When a secret ballot is requested for the election of a Vice-Chair,
the decision is made by adopting or rejecting a motion to that effect. As the
committee is, with the election of the Chair, properly constituted, any
decisions made with respect to the manner of proceeding are decided by a
majority vote of the
committee. [258]
If a
Vice-Chair is elected in absentia, it is not necessary to proceed to the
election of an Acting
Vice-Chair. [259]
The Panel of Chairmen for legislative
committees is established at the beginning of each session and is composed of 12
members named by the Speaker in proportion to the party standings in the House,
along with the Deputy Speaker and Chair of Committees of the Whole House, the
Deputy Chair of Committees of the Whole House and the Assistant Deputy Chair of
Committees of the Whole
House. [260]
Unlike
the practice with respect to standing and special committees, the Chair of a
legislative committee may be a member of any of the parties in the
House. [261]
The
designation of the Chair by the Speaker, rather than his or her election by the
committee, assists the Chair of a legislative committee in acting as a neutral
arbitrator of the
proceedings. [262]
The
Speaker selects the Chair of a legislative committee once the membership of the
committee has been
established. [263]
Legislative committees do not elect Vice-Chairs. When a replacement for the
Chair is necessary at a given meeting, the Chair will designate a committee
member to act in that capacity for the
meeting. [264]
Chairs of special committees are elected
following the procedure used in standing committees.&bnsp;[265]
This election
takes place as the first order of business at the initial meeting of the
committee, convened by the clerk for that
purpose. [266]
In standing joint committees, two Joint
Chairs are elected, one from each House. The Senate Joint Chair is elected
first, followed by the Joint Chair of the House of Commons. The election of each
Chair is presided over by the Joint Clerk from the respective House. All
committee members are entitled to vote on the motions for the Joint Chairs from
each House. [267]
The
Joint Chairs of special joint committees are elected following the procedure
used in standing joint
committees. [268]
The practice with respect to the election
of Vice-Chairs is variable in joint committees: they may choose not to have any
Vice-Chairs, to elect one only, or to elect two, who may either be from one or
both Houses. [269]
In
standing joint committees, when the House Joint Chair is a member of the
government party, the committee usually chooses a member from the Official
Opposition in the House as Vice-Chair. The opposite also holds true. For
example, in the Standing Joint Committee for the Scrutiny of Regulations, where
the House Joint Chair is traditionally from the Official Opposition, a
government member from the House is usually elected as
Vice-Chair. [270]
Special joint committees rarely elect
Vice-Chairs. [271]
In establishing sub-committees, the main
committee may either designate a Chair in the initial order of
reference [272]
or
allow the members of the sub-committee to elect the Chair
themselves. [273]
While most sub-committees are chaired by government members, Chairs have been
selected among members of the
opposition, [274]
including parties other than the Official
Opposition. [275]
Given the small size of their membership and their limited mandates,
sub-committees do not usually find it necessary to elect
Vice-Chairs. [276]
Resignations
In the event that the elected Chair of a
committee resigns or is for any reason unable to carry out his or her duties,
the committee must proceed to elect a new Chair as its first order of business.
As the committee ceases to be properly constituted until a new Chair has been
selected, the election is presided over by the clerk of the committee. The
Vice-Chair has no role to play in the election of a new Chair. When a Vice-Chair
is elected Chair of a committee, he or she resigns from the office of
Vice-Chair. [277]
In the case of the resignation of a Chair
who has been designated either by the Speaker (in the case of a legislative
committee) or by the House (in the case of some special committees), a new Chair
must be designated before the committee can continue with its
work. [278]
The Chair of a committee presides over any
election necessitated by the resignation of a
Vice-Chair. [279]
Committee Staff
In the execution of its functions, each
committee is assisted normally by a clerk and a researcher; the clerk, in turn,
receives assistance from the support services of the House.
Committee Clerk
The clerk of a committee is the procedural
advisor to the Chair and all members of the committee and also acts as its
administrative officer. The role of the committee clerk is analogous to that
which the Clerk of the House has with respect to the Speaker and Members of the
House. As a non-partisan and independent officer, the clerk serves equally all
members of the committee as well as representatives of all parties; clerks
discharge their duties and responsibilities with respect to the committee in
consultation with the Chair. The clerk also acts as the committee’s
liaison with other branches and services of the House of
Commons.
Research Staff
The Library of Parliament provides research
staff to all committees on request. The researchers provide briefing material
and other background material to committee members. They may identify potential
witnesses for the committee as well as possible lines of questioning during
committee hearings and provide assistance to the committee in the drafting of
reports to the House. Committees are free to seek additional or more specialized
research help from outside the Library of Parliament if they require it. This is
done on an ad hoc basis and the committee is required to pay for the
assistance of outside researchers from its own budget.
Other Staff
On occasion, committees may engage outside
consultants on contract to assist them in a study requiring a particular
expertise. They may also hire additional support staff as the need
arises. [280]
Engaging
staff on a contract basis requires the adoption of a motion by the committee,
which must specify the mandate and duration of the contract and a maximum rate
or amount of
remuneration. [281]
Outside staff engaged by a committee are paid from the committee’s budget,
in conformity with the guidelines set out by the Board of Internal
Economy. [282]
Meetings
Committees conduct their deliberations and
make decisions within the framework of meetings. In order to accommodate the
wide variety of subjects that a committee may be called upon to consider,
considerable latitude is permitted in the format that committee meetings may
take. At the same time, there are a number of rules and practices by which
committees are bound in transacting their business.
Meetings of committees usually take place
in specially equipped rooms in the Parliament Buildings, but committees may hold
meetings elsewhere in Canada. The meeting rooms are usually arranged in an
open-rectangle configuration. The Chair sits at one end, flanked by the clerk
and the research staff. Government members are at the Chair’s right, while
opposition members sit on the left. Witnesses, if any, sit at the end of the
rectangle opposite the Chair. Members’ staff sit behind the members on
either side of the room and there is seating for the public and the press at the
rear of the room, behind the witnesses. (See Figure 20.1, Committee Room
Configuration.)
Committee meetings are ordinarily open to
the public and the media. Simultaneous interpretation services are offered to
committee members, witnesses and members of the public at all committee
meetings. Public meetings are broadcast on the House of Commons’ internal
audio system to all Members of the House and the Parliamentary Press Gallery and
may also be publicly televised over the CPAC
network. [283]
Types of Meetings
Most committee meetings can be described as
evidence-gathering meetings. They have traditionally commenced with
presentations made by witnesses, followed by a question and answer period during
which committee members have the opportunity to explore selected aspects of an
issue in greater detail. In recent years, there has been a growing trend towards
gathering evidence in other manners to meet the changing needs of members and to
take the best possible advantage of technological developments. Committees may
hold meetings to exchange ideas with panels of witnesses representing different
points of views in “round-table”
discussions. [284]
As
well, “town hall” meetings may be organized where members of the
public have an opportunity to express their views without making a formal
presentation to the
committee. [285]
Committees have also taken advantage of developing videoconference technology to
hear testimony from across the country and
internationally. [286]
Where a subject is of interest to two or more standing committees, they may
decide to hold a joint
meeting. [287]
While
the use of these formats has, for the most part, taken place within the existing
procedural framework, some modification of the Standing Orders has been
necessary. [288]
On occasion, a committee may decide to hold
an in camera meeting to deal with administrative matters, to consider a
draft report or to receive a routine background briefing. Committees also meet
in camera to deal with subject matters requiring confidentiality, such as
national
security. [289]
Often
a committee which has several items on its agenda will hold part of a meeting in
public and part in camera. At in camera meetings, neither the
public nor the media is permitted, and there is no broadcasting of any kind. The
committee decides, either on a case by case basis or as a matter of general
policy, whether a transcript of in camera proceedings is to be
kept. [290]
Minutes of
in camera meetings are publicly available, but certain information
usually found in the minutes of committee meetings is not
included. [291]
Members of the House who are not members of the committee are expected to
withdraw when a committee is meeting in
camera. [292]
However, at the discretion of the committee, non-members may remain during in
camera sessions. [293]
Divulging any part of the proceedings of an in camera committee meeting
has been ruled by the Speaker to constitute a prima facie matter of
privilege. [294]
Committees also meet informally with
parliamentarians and government officials from other
countries. [295]
As an
informal meeting is not, strictly speaking, a committee meeting, it may take
place in a much more relaxed atmosphere. Members are not bound by the ordinary
rules and practices that govern committee meetings. The proceedings are not
recorded or transcribed, nor is the committee entitled to any of the privileges
associated with parliamentary proceedings or to exercise any of the powers which
the House has conferred on it.
Meetings Outside the Precinct of Parliament
Committees ordinarily meet on Parliament
Hill in the facilities provided for them by the House of Commons. From time to
time, committees also travel for the purpose of gathering evidence, consulting
or visiting sites related to their study. In order to hold such meetings beyond
the parliamentary precinct, a committee must first obtain approval from the
Liaison Committee for the necessary travel funds and then the permission of the
House to travel. [296]
The House may grant permission to travel by adopting a motion to that effect or
by concurring in a report recommending that such permission be
given. [297]
Committees empowered to hold hearings
elsewhere in Canada do so in the same manner as on Parliament Hill. The
testimony and deliberations of the committee are recorded and made public, the
committee retains all of the powers accorded to it by standing or special
orders, and committee members and witnesses are protected by parliamentary
privilege.
When travelling outside of Canada,
committees have the opportunity to consult with groups and individuals and to
visit facilities. When conducting hearings outside the country, committees do
not hold formal
hearings. [298]
The
powers which the House delegates to committees are of no force when a committee
is outside of Canada, nor are committee proceedings protected by parliamentary
privilege.
Videoconferences
As an alternative to committee or witness
travel, committees from time to time also make use of videoconferencing
technology to hear witnesses from outside Ottawa, either elsewhere in Canada or
internationally. [299]
Videoconferencing provides for direct audio and video transmission between a
committee room on Parliament Hill and a witness in another location. On
occasion, several witnesses in different locations are linked with a committee
simultaneously. Special permission of the House is not required for committees
to hold videoconference
meetings. [300]
Times of Sitting and Room Allocation
Standing and legislative committees are
empowered to sit either when the House is sitting or when it stands adjourned,
and similar powers are usually accorded to special committees in their orders of
reference. [301]
However, committees may not sit when Parliament is
prorogued. [302]
During periods when the House is sitting, most committee meetings take place on
Tuesdays, Wednesdays and Thursdays. While the average length of a committee
meeting is two hours, a committee may choose to meet for a shorter or longer
period as it sees
fit. [303]
While
committees usually adjourn or suspend their proceedings when the division bells
summon Members to the Chamber for a vote, committees may continue to sit while a
vote is being
held. [304]
Standing committees are prohibited from
sitting at the same time as a legislative committee studying a bill which
emanates from, or principally affects, the department for which they are
responsible. [305]
No
such prohibition exists with respect to a standing committee sitting while the
House itself is considering such a
bill. [306]
When the
House is actually sitting, committees studying legislation or Estimates have
priority over all other
committees. [307]
When
the House is not sitting, priority is given to meetings of standing, special and
joint committees in accordance with a schedule established by the Chief
Government Whip in consultation with the other
parties. [308]
Committee meeting rooms provided by the
House of Commons are allocated according to a priority system established by a
report of the Standing Committee on Procedure and House
Affairs. [309]
The
Committee’s report typically gives each committee priority of access to
multi-purpose meeting rooms at set
times. [310]
The
Committee may adjust the room allocation system from time to time, either to
reflect changes in committee structure or to take into account requests made by
individual
committees. [311]
Special committees are given priority during periods other than those allotted
to standing committees. Committees may meet during any period, even if they do
not have priority access to meeting rooms, provided that there is space
available. For committees which do not have priority in a given time period,
access to meeting rooms is on a first-come-first-served basis, after those
entitled to meet at that time.
Committees meeting in locations other than
the meeting rooms on Parliament Hill are not bound by the room priorities
established by the Standing Committee on Procedure and House Affairs. However,
they must still respect the stipulation in the Standing Orders concerning
conflicts between standing and legislative
committees. [312]
Furthermore, any meeting not held in the facilities provided by Parliament
entails the expenditure of funds from the committee’s budget and requires
the permission of the
House. [313]
Convening a Meeting
Committee members are convened, that is,
called together for the purpose of meeting, by the Chair, acting either on a
decision made by the
committee [314]
or on
his or her own
authority. [315]
On
rare occasions, the House itself may instruct a committee to meet at a specific
time. [316]
The clerk
of the committee, on instructions from the Chair, sends a notice of each
upcoming meeting to all committee members. Where a committee has not made a
formal decision concerning the convening of its members, either by adopting a
work plan or by concurring in a steering committee report, the Chair usually
consults with members informally concerning possible future
meetings.
Where a committee decides to sit jointly
with another committee or committees, each committee is convened separately by
its Chair. [317]
Meetings of joint committees are usually convened by one or other of the Joint
Chairs. [318]
A
sub-committee is convened by agreement of its members or by its Chair in the
same manner as the main committee. Meetings may be convened on the Chair’s
instructions when he or she is unavailable to preside, but a Vice-Chair has no
power to convene the committee when the office of Chair is vacant.
Notice of Meeting
A committee meeting is convened by a notice
sent to the members by the clerk, in accordance with the Chair’s
instructions. The notice is sent electronically to the Parliament Hill offices
of committee members over the House of Commons local area
network. [319]
The
notice indicates the subject matter of the meeting and the authority under which
the committee will
meet, [320]
as well as
the time and place of the meeting. The notice also provides other relevant
information: the meeting
number, [321]
whether
the meeting is public or in camera, whether it will be broadcast on the
CPAC television network, and the names of any scheduled witnesses. The notice
also indicates whether the witnesses will appear in person or by videoconference
and provides the radio frequencies on which public meetings will be broadcast
over the House of Commons’ internal
network. [322]
As well
as informing the committee members of an upcoming meeting, the notice also
serves to alert the various administrative components of the House which provide
logistical support for meetings — maintenance, transcription,
interpretation, security and the messenger service. It is sent as well to the
Parliamentary Press Gallery.
Meeting Convened at the Request of Four Members
An individual member of a committee, other
than the Chair, cannot convene a committee
meeting. [323]
The
Standing Orders provide, however, that four members of a standing committee may
make a request in writing that the committee meet. The request must specify the
reasons for which the meeting is to be convened, and the Chair must then convene
the meeting within 10 sitting days of the receipt of the request. Forty-eight
hours’ notice of such a meeting must be given to the
members. [324]
The matter under consideration at such a
meeting is whether or not the committee wishes to take up the requested subject,
rather than deliberations on the subject itself. There is no obligation on the
committee either to conclude debate on the proposal to study a particular topic
or to reach a decision on it. The Chair may agree to consider the matter at a
meeting that has already been scheduled, rather than calling a meeting for that
purpose alone. [325]
Cancelling a Meeting
Circumstances sometimes arise which make it
necessary to cancel a committee meeting, after a notice convening the committee
has been sent. Where a committee has agreed to adjourn to the call of the Chair,
the Chair instructs the clerk to send an amendment to the notice convening the
members, informing them of the cancellation. Where the meeting has been convened
by order of the committee, the Chair consults with representatives of the
various parties before sending the cancellation notice. In joint committees, the
committee may decide whether a single Joint Chair may convene or cancel meetings
or whether both Joint Chairs must act
together. [326]
Adjournment
Committees most often adjourn to the call
of the Chair, that is, the decision as to the exact time of the next meeting is
left to the discretion of the
Chair. [327]
This is
done even when the committee has adopted a workplan that lays out in detail its
schedule of meetings. In this way, the Chair is given the flexibility to respond
effectively to changing events and to the unforeseen availability or
unavailability of potential witnesses. Committees may also adjourn to a specific
time. [328]
This is
usually done when the next meeting is scheduled for the immediate future, for
example, the next day or later the same day. Committees may, on occasion,
adjourn without making any provision for a future meeting, that is, to adjourn
sine die. [329]
Quorum
In order to exercise the powers granted to
it by the House, a committee is required by the Standing Orders to have a quorum
at its meetings. A quorum is the minimum number of committee members who must be
present in order for a committee to make decisions. In the case of standing,
legislative or special committees, a quorum is a majority of the
members. [330]
The
Chair of a legislative committee, who is named by the Speaker from the Panel of
Chairmen, is not counted for the purpose of establishing a quorum. Members of
the House who are present at committees are not counted as part of the quorum
unless they are either members of the committee or properly designated
substitutes. As a courtesy, most committees do not begin their meetings until at
least one member of the opposition is in attendance, even if a quorum is
present. However, committees may meet and adopt motions in the absence of one or
all opposition
parties. [331]
The quorum for joint committees is not
provided for in the Standing Orders but is established separately. Standing
joint committees usually present reports to both Houses recommending the number
of their members which should constitute a quorum. The quorum is set when the
two Houses concur in the
report. [332]
The
quorum for a special joint committee is usually set out in the order of
reference which establishes
it. [333]
For all
joint committees, it is common to stipulate that the quorum requires the
presence of members from both
Houses. [334]
Meeting Without a Quorum
The Standing Orders permit standing and
legislative committees to authorize the Chair of the committee to hold meetings
when a quorum is not present, for the purpose of taking
evidence. [335]
A
similar provision is often included in the order by which a special committee is
established. [336]
In
granting permission for such meetings, committees usually stipulate the number
of members it wishes to be present for the meeting to take place. The motion
granting permission to meet with what is called a “reduced quorum”
will usually also indicate any other conditions the committee wishes to have
met. [337]
No motions
may be moved at such meetings nor may any votes be held. Committees do, however,
retain the power to publish the evidence received at meetings held with a
reduced quorum. [338]
Organization Meeting
Before a committee can begin to consider
its work, it must be properly constituted, that is, its members must have been
appointed and a Chair
selected. [339]
Where
the Chair has not been appointed by the House or named by the Speaker, the
election of the Chair takes place at a committee’s first
meeting, [340]
called
the “organization” meeting.
A notice of an organization meeting of a
standing committee is sent by the clerk in conformity with provisions of the
Standing Orders, which require that the committee meet within 10 sitting days of
the adoption of the report establishing the membership of the standing
committees. [341]
Members must be given at least 48 hours’ notice of this
meeting. [342]
The
authority of the clerk in convening a meeting for the purposes of organization
of a standing committee is restricted to the election of the
Chair. [343]
While a
committee may limit its organization meeting to the election of a Chair, in
practice it is common to proceed immediately to the election of the
Vice-Chairs. [344]
The committee may then consider a series of administrative motions, called
“routine” motions, to facilitate its work over the course of the
session.
As the Chairs of legislative committees are
named by the Speaker from the Panel of Chairs, these committees are not required
to meet for the purpose of organization. However, they must meet to begin their
work within two sitting days of the naming of the Chair and the appointment by
the House of their membership or the referral of a bill to the
committee. [345]
The
notice for the first meeting of a legislative committee is thus sent on the
Chair’s authority.
The Standing Orders contain no provision
with respect to when the first meeting of a special committee must take place,
nor is it usual to include such a provision in the order of reference which
establishes such a committee. When the Chair of a special committee is not named
in the order of reference, the organization meeting is convened by the Clerk of
the House, following informal consultations among the parties, and the notice is
sent by the clerk of the Committee. When the Chair is named in the order of
reference, then the meeting is convened by the Chair in the usual
fashion.
Routine Motions
As they begin their work, committees find
it convenient to adopt a series of motions to deal with items of routine
business. Since each committee is free to organize its work as it sees fit,
there is no standard list of “routine” motions which every committee
must adopt. The following is a list of the principal routine motions which
committees have found useful. In many instances, a committee will adapt these
motions in order to suit its own particular circumstances.
Examples of each type of routine motion are
given in the boxes which follow the description. Note that the examples given
below are for purposes of illustration only.
Sub-committee on Agenda and Procedure
Most committees establish from among their
members a sub-committee on agenda and procedure, usually referred to as the
“steering committee”. The steering committee recommends how the
committee should proceed to consider its orders of reference and advises on such
topics as the selection of witnesses and the schedule of meetings. The
composition of the steering committee may vary from one committee to another and
from one Parliament to another. It usually consists of the Chair, the
Vice-Chairs, representatives from each of the other parties and, on committees
having a departmental responsibility, the Parliamentary Secretary. As a steering
committee usually meets in camera for the purpose of discussing the
future business of the committee, no specific delegation of powers is made in
establishing it. Since the recommendations of the steering committee are
reported to the main committee and so appear in the Minutes, steering
committees do not require the power to print and do not publish their own
minutes.
That the Sub-Committee on Agenda and
Procedure be composed of the Chair, the Government Vice-Chair, the Parliamentary
Secretary, two Liberal members, one member from the Reform Party, one member
from the Bloc Québécois Party, one member from the New Democratic
Party, and one member from the Progressive Conservative Party.
[346]
Research Assistance
In order to carry out their work,
committees seek the assistance of expert researchers from the staff of the
Library of Parliament. The usual motion leaves the control and coordination of
the research staff to the Chair of the committee.
That the Committee retain the
services of one or more research officers from the Library of Parliament, as
needed, to assist the Committee in its work, at the discre tion of the
Chair.
[347]
Meeting Without a Quorum
Committees may authorize the Chair to hold
meetings for the sole purpose of hearing evidence when a quorum is not
present. [348]
Although the Standing Orders would permit the Chair to hear evidence when no
other member is present, it is more usual for the committee to stipulate some
minimum number of members who must be present in order for the committee to hear
witnesses. [349]
This
number is referred to as a “reduced quorum”. Another element which
committees take into consideration in establishing a reduced quorum is whether
any or all of the opposition parties need to be in
attendance. [350]
That the Chair be authorized to hold
meetings and to receive evidence when a quo rum is not present, provided that at
least five members are present, including two members of the opposition.
[351]
Time for Opening Remarks and Questioning of Witnesses
When hearing witnesses, committees normally
set limits on the time each group or individual is given to make their opening
presentation. They also set out the length of time that will be devoted to
questioning by committee members and how that time will be divided among the
members of the various parties represented on the committee. The division of
time for questioning may change from Parliament to Parliament to reflect changes
in the number of parties represented on committees. Each committee seeks to
balance, as best it can, the desire to ensure that representatives of all
parties have the opportunity to put questions. As well, some committees adopt
special rules for the questioning of
Ministers. [352]
That witnesses be given five minutes to make their opening statement.
That five minutes be allocated to
each questioner in the following order: On the first round of questioning — five
minutes each to the Reform and Bloc Québécois parties, five
minutes to the Liberal Party and five minutes each to the NDP and Conservative
parties. On the following rounds of questioning — five minutes per party alternating between the government and opposition parties.
That the five-minute allocation for
questioning be applied for all witnesses, including Ministers.
[353]
Witness Expenses
Whether attending meetings held on
Parliament Hill or those held while a committee is travelling across Canada,
many witnesses incur significant expenses in travelling to appear before
committees. As no expenditure can be made from committee funds without committee
approval, it is necessary that a motion be adopted setting out the conditions
under which witness expenses are to be paid. The Board of Internal Economy has
set out guidelines for acceptable levels of reimbursement, but it is up to each
committee to decide under what circumstances they will agree to reimburse
witnesses. [354]
That, as established by the Board of
Internal Economy and if requested, reasona ble travelling, accommodation and
living expenses be reimbursed to witnesses who are invited to appear before the
Committee up to a maximum of two representatives for any one organization, and
that payment for more than two representatives in exceptional circumstances be
at the discretion of the Chair.
[355]
Document Distribution
Members of the House of Commons are
entitled to receive documents in the official language of their choice. At the
same time, members of the public have the right to communicate with a
parliamentary committee in either official
language. [356]
This
frequently leads to the situation where a document is presented in a single
official language to a committee, while the committee members are entitled to
receive it in whichever official language they prefer. Committees must balance
the right of members to be treated equally with the benefits they derive from
receiving documents in a timely manner. Each committee must decide whether
documents submitted to it in only one official language will be distributed to
members immediately or once a translation is available.
That the Clerk of the Committee be
authorized to circulate the documents received only when they exist in both
official languages.
[357]
or
That the Clerk of the Committee be
authorized to distribute documents to the Members of the Committee in the
language received, and to ensure that such docu ments are translated and
distributed as promptly as
possible.
[358]
Transcripts of In Camera Meetings
While no public record is produced of what
is said during in camera proceedings, committees often find it useful to
have a transcript produced for the private consultation of the members and staff
of the committee. In addition to deciding whether or not to keep a transcript of
an in camera meeting, the committee must also decide how such transcripts
will be disposed of at the end of the session (i.e., whether they will be made
part of the committee’s permanent record for historical purposes, or
destroyed). Committees sometimes prefer to deal with the question of the
disposal of in camera transcripts on a case-by-case
basis. [359]
That
in camera meetings be
transcribed; that the transcription be kept with the Clerk of the Committee for
consultation by members of the Committee; and that these transcripts be
destroyed at the end of the
session.
[360]
Staff at In Camera Meetings
Committees normally exclude everyone from
in camera meetings except members, committee staff and invited
witnesses. [361]
Members often find it useful, however, to modify this policy by permitting
members of their personal office staff to attend. At the same time, it is
recognized that the committee may from time to time wish to adopt a more strict
interpretation of the in camera
rule. [362]
That each Committee member be
allowed to have one staff person present at
in camera meetings, unless
there is a decision for a particular meeting to exclude all staff.
[363]
Order-in-Council Appointments
The referral of Order-in-Council
appointments to committees and their review of such appointments are governed by
the Standing Orders. As some committees receive notice of a large number of
appointees during the course of a year, it is necessary for each committee to
decide how it will deal with its responsibility for the consideration of the
nominations and the documentation associated with each one. [364]
That, pursuant to Standing Order
111(4), whenever an Order in Council for appoint ment or a certificate of
nomination for appointment is referred to the Committee, the Clerk shall obtain
and circulate to each member of the Committee a copy of the résumé
of each appointee.
[365]
Notice of Motion
Neither the Standing Orders nor usual
practice in committees require the giving of notice prior to presenting a motion
in committee. However, in order to better balance their workload and make
efficient use of their time, committees sometimes find it appropriate to adopt
notice requirements. Thus, when a member wishes to raise a new topic for
consideration, committee members have an opportunity to reflect on it
beforehand, rather than having the motion placed before the committee without
warning. This also prevents undue interruption of a meeting or a series of
meetings already
planned. [366]
Committees may also decide to have such notices considered by the steering
committee in proposing a work plan for the committee. Such consideration does
not prevent the member who gave notice from moving the motion when the notice
period has expired.
In imposing a notice requirement,
committees must consider what types of motions will require notice, how notice
is to be given (whether orally or in writing) and to whom (the Chair or the
clerk). They must also determine how the other members of the committee are to
be informed of the proposed motion, as committees do not have a Notice
Paper.
That forty-eight (48) hours’
notice be given to the members of the Committee before any substantive motion is
considered, but this rule does not apply to a motion in amendment to a Bill
considered by the Committee… .
That the motion be filed with the
Clerk of the Committee and circulated to all members in both official
languages. Upon receipt of the notice, the Clerk will put the motion on the
agenda of the Steering Committee’s next
meeting.
[367]
In addition to the routine motions listed
above, there are a wide range of motions related to procedure and administration
that committees may adopt from time to time. Some are related to particular
kinds of committees only, while others deal with specific aspects of a
committee’s work, such as the preparation of a report to the House.
Certain committees routinely adopt motions which relate specifically to their
mandate or work methodology, which are not pertinent to other
committees. [368]
Budgets
Many of the routine operational expenses of
committees are borne directly by the House of Commons’
administration. [369]
Standing committee budgets are drawn up on a project-by-project
basis [370]
and each
budget must be adopted by a committee before it is submitted to the Liaison
Committee for
approval. [371]
Although committees are provided with limited interim spending
authority, [372]
they
require approval of the Liaison Committee for any expenditures which exceed the
amount initially
allocated. [373]
In
addition to project funds, all requests for travel funds must be part of a
separate budget request, just as the power to travel must be specially sought
from the House. [374]
Special and legislative committees make
their budget requests directly to the Board of Internal
Economy. [375]
The
budgets of joint committees are provided by the two Houses in proportion to the
size of each House. In order to obtain budgetary approval, it is necessary for
standing joint committees to present their budgets to both the Liaison Committee
and the Senate Committee on Internal
Economy. [376]
Special
joint committees require budgetary approval from the Board of Internal Economy
and the Senate Committee on Internal
Economy. [377]
Orders of Reference and Instructions
An order of reference is an order of the
House to a committee instructing it to consider a matter or defining the scope
of its deliberations. Committees are provided with orders of reference when they
are established and may receive additional orders from time to
time.
The Standing Orders provide standing
committees with permanent orders of reference by giving them departmental and
policy-area
responsibilities. [378]
In addition, the Standing Orders provide that a number of other matters shall be
routinely referred to standing committees for consideration: reports and other
documents tabled in the House pursuant to
statute, [379]
the
Estimates, [380]
Order-in-Council
appointments [381]
and
legislation. [382]
While the Standing Orders provide that these matters shall be referred to
committee, the House must specify the committee to which each referral is made
by separate
motion. [383]
With
respect to documents, including Order-in-Council appointments, the committee to
which they are referred is specified when the documents are tabled. In addition
to the orders of reference contained in the Standing Orders, the House reserves
the right to refer additional matters to its committees as it sees fit.
Committees may also receive orders of reference which derive from statutes
previously passed by
Parliament. [384]
When a bill is referred to a committee, the
bill itself constitutes the order of reference. When a special committee is
established, the order of reference is contained in the motion establishing
it. [385]
Joint
committees receive their orders of reference from both Houses. While the
Standing Orders set out mandates for the three standing joint
committees, [386]
no
similar provisions exist in the Rules of the
Senate. [387]
Committees are bound by their orders of
reference and may not undertake studies or make recommendations to the House
which go beyond the limits established by
them. [388]
In
particular, a committee studying a bill may report it with or without
amendments, but may not include any comments or recommendations in its
report. [389]
With the
broad powers which standing committees have had since
1986, [390]
they may
make recommendations to the House related to a bill which has been referred to
them. Such recommendations must, however, be presented to the House in a report
separate from the report on the
bill. [391]
In addition to a committee’s initial
order of reference, the House may issue further directions to the committee once
it has begun a particular study. Directions of this sort are called
“instructions” and are sometimes mandatory, but usually permissive.
A mandatory instruction is one which directs a committee to deal with a
particular issue or to conduct its study in a certain
way. [392]
A
permissive instruction gives a committee the power to do something it would not
otherwise be able to do, but does not compel the committee to use that power.
For example, the House may adopt a motion which provides the committee with the
power to travel or to report at a later time than envisaged in the initial order
of reference. [393]
The Standing Orders contain provisions to permit either a Minister or a private
Member to move a motion instructing a standing, special or legislative committee
to prepare and bring in a
bill. [394]
Conduct of Meetings
In general, the rules governing the process
of debate in committees are the same as those in the House of
Commons. [395]
However, the Standing Orders exempt committees from certain rules which apply in
the House: those governing the election of the Speaker, the seconding of motions
and limiting the number of times a member may speak on an issue and the length
of speeches. [396]
This exemption is permissive in nature; each committee may formulate its own
rules with respect to these subjects, provided it does not exceed the powers
which the House has delegated to
it. [397]
Deliberations in committee are often
conducted in an informal atmosphere. The much smaller size of committees, in
comparison with the House, and the specific mandates they are given have led to
certain adaptations of House procedures in order to enhance the effectiveness of
deliberations in committee.
Generally, the length of time to be devoted
to a particular topic is a matter for the committee to decide. This may be done
formally, by adopting a work plan, or by simply allowing committee members to
discuss an issue until they are ready to make a
decision. [398]
Committees routinely limit the amount of time available for presentations by
witnesses and allocate time for rounds of questioning by committee
members. [399]
As there is no limit in committee to the number of times of speaking or the length
of speeches, committees may, if they choose, place limits on their own
deliberations. [400]
However, certain matters which are routinely referred to standing committees
pursuant to Standing Order contain limits to the length of the committee’s
consideration. The Standing Orders place limits on committee consideration of a
number of matters: the Estimates, the pre-budget consultations of the Finance
Committee, private Members’ public bills and Order-in-Council
appointments. In the case of the Estimates and private Members’ bills, the
committee must either report by a certain time or it is deemed to have done so,
in which case the matter no longer stands referred to the committee.
Consideration of Order-in-Council appointments is limited to 10 consecutive
sitting days of the House, although the committee is not obliged to report to
the House. With respect to pre-budget consultations, reports must be presented
by a specific deadline, but there is no obligation on the part of the Committee
to report. [401]
The
House may also, from time to time, impose limits on a committee’s
consideration of matters referred to
it. [402]
Authority of the Chair
The Chair presides over the deliberations
in committee, recognizing
speakers [403]
and
ensuring that the deliberations adhere to established practices and rules, as
well as to any particular requirements which the committee may have imposed upon
itself and its members. The order of speakers may be left to the Chair’s
discretion; however, committees normally adopt a motion to govern the rotation
of questioners, by party, when witnesses appear before
them. [404]
The Chair
also puts the question on all motions before the committee and announces the
results of any vote.
The Chair may, at his or her discretion,
interrupt a member whose remarks or questions are repetitious, or not relevant
to the matter before the committee. If a member’s comments continue to be
repetitious or irrelevant, the Chair may recognize another member. If the
offending member refuses to yield the floor and continues speaking, the Chair
may suspend or adjourn the meeting. A point of order calling attention to a
departure from the Standing Orders or from the customary manner in which a
committee has conducted its proceedings may be raised at any time, by any member
of the committee. In doubtful or unprovided cases, the Chair may reserve his or
her decision. [405]
While the Chair’s rulings are not
subject to debate, they may be appealed to the
committee. [406]
A member appeals a ruling by requesting that the committee vote on the motion,
“That the Chair’s ruling be
sustained.” [407]
In the event of a tie vote on an appeal, the decision of the Chair is
sustained. [408]
The overturning of a ruling is not necessarily considered a matter of confidence in
the Chair. While the decisions made by a Chair are binding on the committee,
they do not, however, constitute precedents which bind other committees, nor do
they bind subsequent Chairs of the committee in which they are made.
Right to Speak
Members must be recognized by the Chair
before speaking. On occasion, committees place strict limits on the amount of
time during which a given item will be
considered. [409]
In
other cases, committee members are free to discuss a matter for as long as they
see fit. Members of the House attending committee meetings who are not committee
members or substitutes may, at the discretion of the committee, participate in
the deliberations. However, they do not have the right to present motions, to
vote or to be counted in the
quorum. [410]
Although
they ordinarily withdraw when the committee deliberates in camera, they
are sometimes permitted to remain at in camera
meetings. [411]
Disorder and Misconduct
Disorder and misconduct in a committee may
arise as a result of the failure to abide by the rules and practices of a
committee or to respect the authority of the Chair. Disorder and misconduct also
include the use of unparliamentary language, failure to yield the floor or
persistent interruption of the proceedings in any manner. In the event of
disorder, the Chair may suspend the meeting until order can be restored or, if
the situation is considered to be so serious as to prevent the committee from
continuing with its work, the meeting may be adjourned. Neither committees nor
their Chairs have the authority to censure an act of disorder or
misconduct. [412]
If a
committee desires that some action be taken against those disrupting the
proceedings, it must report the situation to the
House. [413]
The House
may make a decision on disorder upon receiving such a report.
Decision-making Process
Decisions in committee are made following
the adoption of motions by the majority of the members present. Unless the
committee decides otherwise, there is no notice requirement to move a
motion. [414]
No decision can be made by a committee unless a quorum is
present. [415]
At the
conclusion of debate on debatable motions or when a non-debatable motion has
been moved, the Chair first reads the motion and then asks if the committee
agrees to it. [416]
If there is evident disagreement among the members, the Chair will then call for
the yeas and nays. Members vote by raising their hand. When a vote is taken in
this way, the number of those voting on each side of the question is recorded in
the Minutes. If any member requests a recorded division, the clerk will
read out the names of the members in alphabetical order, each member replying in
turn “yea” or “nay”. The results of the vote are
announced by the clerk and the Chair declares the motion carried or defeated, as
the case may be. The names of the members for and against the motion are listed
in the Minutes. Unlike the procedure in the House where Members are
summoned by division bells, there is no provision for summoning absent committee
members to a recorded
vote. [417]
When a vote is held at an in camera
meeting, only the fact that a motion was adopted is recorded in the
Minutes since adopted motions become orders or resolutions of the
committee; the names or number of members voting for or against the motion are
not recorded. Motions which have been negatived at an in camera meeting
are not recorded in theMinutes nor are the names or number of members
voting for or against the motion; this is to ensure that the deliberations of
the committee remain
confidential. [418]
However, at in camera meetings, matters may be recorded in the
Minutes if the committee expressly decides so.
Casting Vote
Like the Speaker, the Chair of a committee
votes only to break a tie, except when a committee is considering a private
bill, in which case the Chair votes as a regular member of the committee and, in
the event of a tie, has a second, casting
vote. [419]
The Chair
is not bound to give reasons for voting. By convention, the Chair will normally
vote in such a way as to maintain the status quo or, when no further
discussion on the matter is possible, to keep the matter open for further
discussion in the committee or at a subsequent proceeding in the
House. [420]
Where
there is a tie vote on an appeal of a Chair’s ruling, the Chair
traditionally does not vote, but declares the ruling
sustained. [421]
Evidence
As part of the consideration of the matters
referred to them by the House or taken up as part of the general mandate
conferred on them, committees seek information and comment from a wide variety
of sources. Briefings and background documents are routinely provided by
committee research staff and government departments. Committees also devote
considerable effort to gathering the views of those knowledgeable about or
directly concerned by the issue before them. This may range from a relatively
small group of technical experts to the Canadian public at
large.
Information and comment are generally
gathered in two ways: by the direct testimony of witnesses and by the submission
of written briefs. The power to send for persons and papers, which is accorded
to committees, [422]
includes not only the power to invite the appearance of witnesses and the filing
of briefs, but also to order, by summons, that individuals appear or that
certain documents be filed with the committee.
At the beginning of a study, a committee
may take steps to inform the public of its activities and solicit their views.
For this purpose, the committee may make use of press releases, newspaper
advertisements, announcements placed on the CPAC television network or on the
Parliamentary Website. [423]
Witnesses
A committee may wish to hear testimony from
private individuals, representatives of groups, or public officials concerning
the matter which it is studying. Witness selection may be carried out in a
number of different ways. Normally, witnesses are proposed by individual
committee members. The committee may also invite potential witnesses to indicate
their interest in appearing. The selection is often delegated to the
Sub-committee on Procedure and Agenda, subject to ratification by the full
committee. [424]
In
addition, groups or individuals who are aware of an upcoming committee study may
indicate their interest in appearing without any solicitation on the part of the
committee. Finally, when holding meetings in the form of “town
halls”, committees often reserve a period of time when those in the
audience have the opportunity to ask questions or make brief comments without
having formally arranged for their appearance in advance.
It is the responsibility of the committee
as a whole to determine which witnesses it will hear. Practical considerations,
such as the length of time allocated for a study, limit the number of witnesses
the committee will be able to accommodate. While any member of a committee may
propose witnesses, the committee makes the final decision as to who will be
heard. Witnesses are ordinarily reimbursed for the reasonable expenses which
they have incurred in order to appear before the
committee. [425]
Summoning Witnesses
In the vast majority of cases, committees
are able to obtain the evidence they seek by inviting witnesses to appear before
them. However, some witnesses may not agree to appear willingly. When a witness
has declined an invitation to appear, a committee may issue a summons to that
witness by adopting a motion to that
effect. [426]
If a
proposed witness fails to appear when summoned, the committee may report the
fact to the House. The House then takes any action it deems
appropriate. [427]
Committees are not empowered to summon
Members of the House of Commons or Senators. Should a Member refuse to testify
when requested to do so by a committee, the committee can report this to the
House which will then decide what action, if any, is necessary. While Senators
may appear before House committees voluntarily, their attendance cannot be
compelled. If a committee wishes a formal request to be made for a Senator to
appear, it must seek the agreement of the House. The House, if it agrees with
the committee, sends a message to the Senate requesting that the Senator appear
before the committee. [428]
Swearing-in of Witnesses
Any witness appearing before a committee
may be required to take an oath or make a solemn
affirmation; [429]
however, under normal circumstances, witnesses are not sworn in. The decision as
to the swearing-in of witnesses is entirely at the discretion of the
committee. [430]
A
witness who refuses to be sworn in might face a charge of
contempt. [431]
Likewise, the refusal to answer questions or failure to reply truthfully may
give rise to a charge of contempt of the House, whether the witness has been
sworn in or not. [432]
In addition, witnesses who lie under oath may be charged with
perjury. [433]
Testimony
Witnesses appearing before committees are
usually asked to make a brief opening statement, summarizing their views or the
views of the organization they represent, on the subject of the
committee’s inquiry. Following this opening statement, there is a period
for questioning. [434]
Questions may be asked by any member of the committee; the Chair may, on
occasion, also participate in the questioning of
witnesses. [435]
Other
Members of the House in attendance at committee meetings may also be permitted
to pose
questions. [436]
This
depends, in part, on the amount of time the committee has accorded to dealing
with each witness and the number of committee members who wish to ask questions.
Committee members are usually given priority in the questioning of
witnesses.
Witnesses appearing before committees enjoy
the same freedom of speech and protection from arrest and molestation as do
Members of
Parliament. [437]
At
the committee’s discretion, witnesses may be allowed to testify in
camera when dealing with confidential matters of state or sensitive
commercial
information. [438]
Under special circumstances, witnesses have been permitted to appear
anonymously. [439]
Tampering with a witness or in any way attempting to deter a witness from giving
evidence at a committee meeting may constitute a breach of privilege. Similarly,
any interference with or threats against witnesses who have already testified
may be treated as a breach of privilege by the
House. [440]
Witnesses giving testimony may be assisted
by counsel, although permission is seldom
sought. [441]
Counsel,
when permitted, is restricted to an advisory role and may not ask questions or
reply on the witness’ behalf.
In light of the protection afforded
witnesses by Parliament, they are expected to exercise judgement and restraint
in presenting their views to committees. Where witnesses persist in making
comments which are deemed to be inappropriate by the committee, their testimony
may be expunged from the
record. [442]
There are no specific rules governing the
nature of questions which may be put to witnesses appearing before committees,
beyond the general requirement of relevance to the issue before the
committee. [443]
Witnesses must answer all questions which the committee puts to
them. [444]
A witness
may object to a question asked by an individual committee member. However, if
the committee agrees that the question be put to the witness, he or she is
obliged to
reply. [445]
Members
have been urged to display the “appropriate courtesy and fairness”
when questioning witnesses. Nevertheless, a witness who refuses to answer
questions may be reported to the
House. [446]
Particular attention has been paid to the
questioning of public
servants. [447]
The
obligation of a witness to answer all questions put by the committee must be
balanced against the role that public servants play in providing confidential
advice to their Ministers. The role of the public servant has traditionally been
viewed in relation to the implementation and administration of government
policy, rather than the determination of what that policy should be.
Consequently, public servants have been excused from commenting on the policy
decisions made by the government. In addition, committees will ordinarily accept
the reasons that a public servant gives for declining to answer a specific
question or series of questions which involve the giving of a legal opinion, or
which may be perceived as a conflict with the witness’ responsibility to
the Minister, or which is outside of their own area of responsibility or which
might affect business
transactions. [448]
As with the House, committees respect the
sub judice convention. [449]
The
convention is applied not only in the discussions held amongst members of the
committee but also in the questioning of
witnesses. [450]
Briefs and Other Papers
Most documents which committees seek are
provided voluntarily. They include government reports, statistics,
correspondance, memoranda and agreements of various sorts, as well as briefs.
For committee purposes, a brief is any document presenting the position of an
individual, group, organization or government department with respect to a
particular issue. Ordinarily, committees are able to obtain the documents they
require for their work by simply requesting
them. [451]
Where a
committee meets with a refusal to provide a document it deems essential to its
work, the committee may pass a motion ordering its
production. [452]
If
such an order is ignored, the committee has no power to compel its production,
but may report the matter to the House and request that appropriate action be
taken. [453]
Although the House has not placed any
restrictions on the power to send for papers and records, it may not be
appropriate to insist on the production of papers in all cases. In 1991, the
Standing Committee on Privileges and Elections pointed out
that:
The House of Commons recognizes that it
should not require the production of documents in all cases; considerations of
public policy, including national security, foreign relations, and so forth,
enter into the decision as to when it is appropriate to order the production of
such documents. [454]
Where concerns about confidentiality exist,
a committee may agree to have documents tabled at an in camera meeting. [455]
Transcripts of in camera meetings and other confidential documents of
committees are to be classed as Secret Records by the National Archives for a
period of 30 years from the end of the session in which they were created. These
documents remain available to Members of the House during that
time. [456]
A document submitted to a committee becomes
the property of the committee and forms part of the committee’s records.
Government departments are required to submit documents in both official
languages when presenting them to committees. Everyone else, including Members
of the House of Commons, may submit written material in either or both official
languages. Each committee must decide whether documents submitted to it in only
one official language will be distributed to members immediately or once a
translation is
available. [457]
The right to submit a document does not, however, imply the right to have the
document considered forthwith.
On occasion, a committee will consider a
document to be of sufficient importance that it will agree to treat it either as
an “Appendix” or an “Exhibit”. An Appendix is a document
which the committee has ordered to be published appended to the Evidence
taken at a particular
meeting. [458]
An
Exhibit is any document or item classified as such by the committee and is
therefore part of the committee’s permanent
records. [459]
Exhibits are not published or distributed to members but are retained by the
clerk and are available for consultation. When a decision is made to designate a
document as an Appendix or an Exhibit, the appropriate entry is made in the
committee’s Minutes of Proceedings. Appendices and Exhibits are
used, among other purposes, for preserving parts of a presentation to a
committee that would otherwise not be included in the Evidence. For
example, copies of slides or charts used during a presentation may be preserved
as Appendices or Exhibits.
Committee Publications
Like the House, committees publish a number
of documents for the use of their members, their staff and the general
public. [460]
These
committee publications parallel, in many respects, those used by the
House. [461]
They provide a permanent record of evidence received, decisions made and the results
of studies carried out. Every committee publishes Minutes of Proceedings,
Evidence and, from time to time, reports to the House. The Minutes of
Proceedings are the official record of what the committee has done and are
prepared by the clerk of the committee and signed by him or her. The
Minutes are the equivalent of the Journals of the House. The
Evidence is the transcribed, edited and corrected record of what is said
in committee, both by committee members and by witnesses appearing before
committees. Reports to the House may be brief documents of less than a page or
they may be much larger works, printed and bound separately. All committee
publications are prepared in both official languages.
All of the documents published by
committees were formerly available in printed format. In 1994, the House began
to distribute its publications electronically. Until that time, committees
produced a document called Minutes of Proceedings and Evidence,
containing the material which is now supplied separately in two documents:
Minutes and Evidence. Reports to the House which were deemed too
short to merit separate publication were also included in the Minutes of
Proceedings and Evidence. Since September 1998, the Minutes and
Evidence, as separate documents, have been available only in electronic
format. As the House has moved to the electronic distribution of its
publications, the printing of committee documents has, for the most part, been
discontinued. They are now available in electronic format at the Parliamentary
Website, Parliamentary Internet
Parlementaire. [462]
Committees may still publish major substantive reports in printed
format. [463]
Minutes of Proceedings
Minutes of Proceedings are prepared
for each meeting of a committee by the clerk, who signs the original copy to
attest to its accuracy and authenticity. The original copy of all Minutes
is kept by the clerk of the committee and is archived along with other committee
documents at the end of each session. The Minutes record the
deliberations and decisions of the committee in a manner similar to the
Journals of the House. In addition, the Minutes of Proceedings indicate the meeting
number; [464]
the time
and place of the meeting; whether the meeting was held in public or was in
camera; who presided; which members and substitutes were present, whether
for all or only part of the meeting. Thus, for a member who attended part of a
meeting and was replaced by a substitute for the remainder of it, the
Minutes will show the member as present and show another member as being
a substitute for him or
her. [465]
The
Minutes also include the names of other Members and Senators who were in
attendance; the names of staff in attendance; the names of witnesses, if any,
including their titles and affiliated organizations; the orders of reference
that were taken up; and the time of adjournment. The Minutes may also
contain the text of rulings given by the Chair with respect to the procedural
acceptability of motions proposed during the meeting.
Evidence
The Evidence is the record of what
was said at a committee meeting, corresponding to the Debates of the
House. It records not only the remarks made by members of the committee but also
what was said by witnesses. Evidence is published only for public
meetings, or for those parts of a meeting which are held in
public. [466]
It is
prepared in a bilingual format, in a process which parallels the production of
the House Debates from the “blues”. Since it has been ruled
that the power of a committee to print also includes the power to decide against
printing if a committee finds testimony offensive, it may have it expunged from
the Evidence. [467]
Documents presented at a meeting which a
committee considers to be of sufficient importance may be appended to the
Evidence of that meeting as an Appendix or recorded in the Minutes
as an Exhibit. [468]
Reports
The observations and recommendations of
committees are made known to the House through
reports. [469]
Reports
to the House are available in electronic format and, from time to time, large
substantive reports may also be available in printed format. Reports are
numbered sequentially by each committee within a session. In addition to
observations and recommendations, reports contain a citation to the authority
under which the study was conducted, a reference to the relevant Minutes
of meetings held on the topic, and the signature of the Chair. Attached to the
report after the signature of the Chair are any opinions or recommendations
dissenting from or supplementary to the
report. [470]
Broadcasting
Committees are permitted to televise their
hearings in accordance with the provisions of the Standing
Orders, [471]
using
the facilities provided by the
House. [472]
Formerly,
a committee required special permission of the House to broadcast its
proceedings. In 1991, the procedure for obtaining consent to use House
facilities for broadcasting was formalized in the Standing Orders. A further
change to the Standing Orders in 1994 allowed committees to televise their
proceedings using House facilities, without the need to seek permission on each
occasion. [473]
Where
a committee wishes to televise using other facilities, special permission is
required. [474]
The broadcasting of committee meetings
follows guidelines established by the Standing Committee on Procedure and House
Affairs which are very similar to those used in broadcasting the proceedings in
the House. [475]
Only
the person recognized by the Chair is shown, and reaction shots are
prohibited.
The House also provides facilities for the
in-house audio broadcasting of all public committee meetings. The audio
broadcast is available to all Members in their Parliament Hill offices as well
as to the Press Gallery.
Committee Studies
The role of committees is to examine
selected matters in greater depth than is possible in the House and to report
any conclusions of those examinations, including recommendations, to the House.
Committees undertake studies in four general areas: the Estimates, legislation,
Order-in-Council appointments and subject-matter studies (including the review
of departmental annual reports). While it may be common for standing committees
to conduct studies in all four areas, special committees are normally
established to conduct subject-matter inquiries, and legislative committees are
charged solely with the examination of legislation.
Certain items of study, such as the Main
Estimates and departmental annual reports, are required to be tabled in the
House each year at a specific time and referred to committees. Other items,
including Supplementary Estimates, Order-in-Council appointments and
legislation, are referred to committees only if and when tabled or introduced in
the House. The number of such items varies from year to year, depending on a
wide variety of factors including the government’s legislative schedule
and events outside Parliament.
When a committee receives an order of
reference or decides to take up a particular study, the steering committee is
usually charged with the responsibility both for establishing a work plan for
each study and for co-ordinating the committee’s consideration of the
variety of topics before it. Standing committees routinely deal with several
matters
concurrently. [476]
While in some cases committees are able to deal with important matters
consecutively, time limits imposed by the Standing Orders for consideration of
the Main Estimates and Order-in-Council appointments require careful planning to
ensure committee
effectiveness. [477]
One avenue which is often selected by committees having a heavy workload is the
delegation of one or several items of study to
sub-committees. [478]
This allows the committee to share its work by drawing upon the asciate
members of the committee for the membership of sub-committees.
Estimates
The Main Estimates are the projected
government spending for the coming fiscal year broken down by department and
program. [479]
The Estimates are displayed as a series of budgetary items or “Votes”,
each of which indicates the amount of money required by the government for a
program or function. Normally, a single Vote in the Main Estimates covers a
total spending category, such as departmental operations or capital costs, and
summarizes all the planned activity or program expenditures for the department
or agency in that category. Where additional funds or the reallocation of
already appropriated funds is necessary during a fiscal year, the government may
table Supplementary Estimates.
The Standing Orders provide for detailed
consideration of the Estimates, both Main and Supplementary, by standing
committees. [480]
Each
committee has referred to it those departmental and agency Votes which relate to
its mandate. Programs whose funding and funding levels are already prescribed by
statute are included with the Estimates, marked “S” or
“Statutory”. As these expenditures have already been approved by the
passage of the appropriate legislation, they are not referred to committee for
examination, but are provided for information purposes only.
The Estimates for each coming fiscal year
are required to be tabled in the House and referred to standing committees no
later than March 1 of each
year. [481]
The
Standing Orders do not impose an obligation on committees to consider the
Estimates. Where a committee has chosen to study and report on the Estimates,
however, it must report them back not later than May 31 of the fiscal year to
which they apply. If a committee has not reported the Estimates back by that
date, it is deemed to have done so, whether it has actually considered them or
not. [482]
The Leader
of the Opposition may, not later than the third sitting day prior to May 31, ask
to extend the reporting deadline respecting committee consideration of the Main
Estimates of a named department or
agency. [483]
A
committee studying the Main Estimates of that department or agency must report
back, or will be deemed to have reported, no later than the earlier of either 10
sitting days after May 31 or the sitting day prior to the final allotted day in
that Supply
period. [484]
While
considering the Main Estimates, committees are also empowered to consider
expenditure plans and priorities in future years for the departments and
agencies. [485]
The
deadline for reporting on those plans and priorities is the final sitting day in
June. [486]
Supplementary Estimates are referred, upon
tabling in the House, to the appropriate standing
committees. [487]
The
deadline for a report on Supplementary Estimates is not later than the third
sitting day before the earlier of the final sitting day or the final allotted
day in the current Supply period. As with the Main Estimates, if a committee has
not reported within the prescribed time, it is deemed to have done
so. [488]
Committees consider each Vote separately as
a distinct motion, beginning with Vote 1 which covers general departmental
administration or operations. Committees usually begin their examination of the
Estimates by hearing from the appropriate Minister or the Parliamentary
Secretary, accompanied by senior departmental
officials. [489]
The
questioning and discussion at this meeting is generally wide-ranging, although
the rule of relevance does apply. Subsequent meetings, if any, are normally held
with the senior departmental officials responsible for the areas and programs
specifically dealt with in each
Vote. [490]
When the committee has completed its
consideration of the Estimates, each item is put to a vote separately.
Restrictions exist on the power of a committee to amend the Estimates.
Amendments may be presented to reduce the amount of an
item, [491]
but it is
not in order to propose an amendment to reduce the amount of a Vote to zero, as
the proper course is to vote against the motion “Shall the Vote
carry?” It is also out of order to propose an increase in an item, as such
a proposal infringes the spending authority of the
Crown. [492]
Similarly, it is not permitted to attempt to change the way in which funds are
allocated, by transferring money from one item to
another. [493]
Statutory items included in the Estimates for information purposes may not be
amended by the
committee. [494]
Finally, a committee cannot include substantive recommendations in its report on
Estimates. [495]
Legislation
Committees play a major role in the
legislative process. The Standing Orders provide for all legislation to be
considered in committee. Referral to committee may take place either after
second reading or before second
reading [496]
and
bills may be referred to legislative, standing or special
committees [497]
or to
a Committee of the
Whole. [498]
On rare
occasions, the House has referred bills to joint
committees. [499]
When
a bill is referred to a committee, it is the bill itself which constitutes the
committee’s order of reference. A motion instructing a committee to
prepare and bring in a bill may also be proposed by a Minister or by a private
Member. [500]
Adoption of a motion for second reading of
a bill expresses the House’s approval of the principle of the bill. The
committee is charged with examining the wording and effect of each clause of the
bill in light of the principle; it may propose any modifications deemed
necessary or useful in order for the bill to better realize its
purpose. [501]
When a
bill has been referred to a committee following second reading, it is not in
order to propose amendments which seek to extend the scope of the bill or alter
its principle. It is also not in order to propose amendments to Acts or sections
of Acts not affected by the bill
itself. [502]
When a
bill has been referred to a committee prior to second reading, the committee is
not bound by the same limitations since the House has not yet approved the
bill’s principle. While amendments may be proposed which would alter the
principle, they must still be relevant to the
bill. [503]
Order of Consideration
When a committee studies a bill,
consideration of the preamble, if any, is postponed as is consideration of the
first clause if it contains only a short
title. [504]
After
Clause 1 has been called by the Chair (or Clause 2, if Clause 1 contains only
the short title of the bill), a committee may proceed to hear witnesses, usually
beginning with the sponsor of the bill. A legislative committee is restricted to
hearing only witnesses on technical matters related to the
bill. [505]
In
addition to hearing witnesses, a committee may receive written briefs related to
the bill. At the conclusion of testimony, a committee may invite the sponsor to
appear again in order to answer any concerns which have been raised by other
witnesses.
A committee then proceeds to
clause-by-clause consideration of the bill. Clause-by-clause study involves the
consideration of each clause individually and, if necessary, of each line of the
bill. At this stage, each clause is proposed to the committee as a separate
question on which it must decide. It is also at this stage that members of the
committee have the opportunity to propose amendments to the bill. They may
propose that words be added, that certain words be struck out and replaced by
others, or that words simply be struck
out. [506]
During
clause-by-clause consideration, it is normal for departmental officials to
remain before a committee as witnesses in order to provide technical
explanations of the effect of individual clauses of the bill and the technical
implications of proposed
amendments. [507]
Motions to amend a clause of a bill do not
require notice. As a practical matter, proposed amendments are usually forwarded
to the clerk of the committee before clause-by-clause consideration begins. The
clerk then has the opportunity to place the amendments in the proper sequence
for consideration as the committee proceeds through the bill. The proposed
amendments received by the clerk are usually circulated to members prior to the
beginning of clause-by-clause consideration, for information purposes. At this
stage, the amendments are not formally before the committee and the member may
move them or not when the committee reaches the appropriate place in the
bill.
Time Limits for the Consideration of Bills
The Standing Orders do not set any time
limit for the consideration of government bills in committee. Nonetheless, the
House may set a reporting deadline by special
order [508]
or it may
invoke the time allocation provisions of the Standing
Orders. [509]
Committees are required to report on
private Members’ public bills within 60 sitting
days. [510]
The
committee must either report the bill to the House with or without amendment, or
seek a single 30-day extension to the time provided for consideration of the
bill, or present a report containing a recommendation to not proceed further
with the bill. If the committee has not reported by the conclusion of the 60-day
period (or the 30-day extension, where applicable), the bill is deemed reported
back without amendment.
Private bills are to be referred to
legislative committees following second
reading. [511]
However, private bills are often dealt with, by unanimous consent, in a
Committee of the Whole. The particular procedures related to consideration of
private bills are found in Chapter 23, “Private Bills
Practice”.
Adoption and Report
Once a committee has concluded its
consideration of the clauses of a bill, a motion is proposed to carry the bill
(or the bill, as
amended). [512]
The
committee then adopts a motion, instructing the Chair to report the bill to the
House. [513]
If the
committee has amended the bill, it usually will also order that the bill be
reprinted for the use of the House at report
stage. [514]
Committee to Prepare and Bring in a Bill
A committee may be given an order of
reference to prepare and bring in a
bill. [515]
The motion
proposing such an order is considered under Government Orders, if proposed by a
Minister, or under Private Members’ Business, if proposed by a private
Member. [516]
The
committee’s report recommends the principles, scope and general provisions
of the bill and may include proposals for legislative
wording. [517]
Order-in-Council Appointments
The government is required to table in the
House certified copies of all Order-in-Council appointments to non-judicial
posts, not later than five sitting days after they have been published in the
Canada Gazette. [518]
Appointments are effective on the day they are announced by the government, not
on the date the certificates are published or tabled in the House. The Standing
Orders provide that the certified copies be automatically referred to the
standing committee specified at the time of tabling, normally the committee
charged with overseeing the organization to which the individual has been
appointed.
A Minister may also table a certificate of
nomintion to a non-judicial
post. [519]
Such
notices are also referred to the standing committees specified at the time of
tabling. Committees have 30 sitting days, following the day of tabling, in which
to consider the appointments or
nominations. [520]
During that period, the committee may call the appointee or nominee to appear
before it, for a period not to exceed 10 sitting
days, [521]
to answer
questions respecting his or her qualifications and competence to perform the
duties of the post to which he or she has been appointed or
nominated. [522]
Committees are under no obligation to consider any of the Order-in-Council
appointments or nominations which have been referred to
them. [523]
Upon written application from the clerk of
a committee, the Minister’s office must provide the curriculum
vitae of any Order-in-Council appointee or nominee to any post which falls
within the mandate of that standing
committee. [524]
The scope of a committee’s
examination of Order-in-Council appointees or nominees is strictly limited to
the qualifications and competence to perform the duties of the
post. [525]
Questioning by members of the committee may be interrupted by the Chair, if it
attempts to deal with matters considered irrelevant to the committee’s
inquiry. Among the areas usually considered to be outside the scope of the
committee’s study are the political affiliation of the appointee or
nominee, contributions to political parties and the nature of the nomination
process itself. [526]
Any question may be permitted if it can be shown that it relates directly to the
appointee’s or nominee’s ability to do the job.
A committee has no power to revoke an
appointment or nomination and may only report that they have examined the
appointee or nominee and give their judgement as to whether the candidate has
the qualifications and competence to perform the duties of the post to which he
or she has been appointed or
nominated. [527]
Subject-matter Studies
Most standing committees are empowered to
study and report on any matter relating to the operations and policies of
government departments assigned to them. These committee-initiated studies may
be directed towards: the relevant statute law; departmental or agency
objectives; immediate, medium-and long-term expenditure plans; evaluations of
activity against stated objectives; and any other matter relating to
departmental or agency mandates or
operations. [528]
Certain standing committees, including standing joint committees, are accorded
specific mandates to initiate studies in well-defined areas of responsibility
outlined in the Standing
Orders. [529]
A number of committees have permanent
orders of reference which give rise to subject-matter studies having particular
effect. The Standing Joint Committee for the Scrutiny of Regulations may present
reports which initiate a procedure leading to the revocation of government
regulations. [530]
The
Standing Committee on Procedure and House Affairs reports to the House on the
selected items of Private Members’ Business that have been designated as
votable. [531]
As well, the House may strike a special
committee [532]
or,
with the Senate, a special joint
committee [533]
to
inquire into a particular subject matter. In such cases, the order of reference
to the committee is usually included in the order which establishes the
committee, although the House may refer additional matters to it at a later
date.
The House may also refer specific matters
to standing committees for
consideration. [534]
In particular, the House may refer questions arising out of a complaint of
breach of privilege to the Standing Committee on Procedure and House
Affairs. [535]
The
Committee will then conduct an inquiry, calling for whatever witnesses and
papers it deems appropriate. As with matters related to privilege which occur in
any other committee, the Standing Committee on Procedure and House Affairs has
no power itself to deal with the matter directly by imposing sanctions of any
kind. At the conclusion of its study, the Committee reports to the House,
indicating whether, in its opinion, the complaint of breach of privilege was
well founded. The Committee also stipulates what, if any, action it feels to be
appropriate. [536]
A statute may also require subsequent
review by a parliamentary committee of its provisions or operation, requiring
the House to designate or establish a committee to carry out the
review. [537]
Committees sometimes hold hearings not for
the purpose of preparing recommendations for the House but simply in order to
stay informed with respect to an important topic within their
mandate. [538]
In most
cases, however, the committee will present a report to the House, outlining the
evidence which it received, summarizing its deliberations and presenting its
recommendations.
The actual conduct of a subject-matter
study varies widely, depending on the topic and the approach selected by the
committee. Typically, a committee will begin with a background briefing provided
by the committee research staff or departmental
officials. [539]
The
committee will then invite testimony and briefs from interested parties. During
the evidence-gathering phase, the committee may travel to broaden the range of
witnesses heard and to visit sites and facilities relevant to the study.
Following the gathering of evidence, the committee will provide drafting
instructions to the staff assigned to prepare the report. Once the draft report
has been circulated to members, the committee will meet to consider it and
propose any alterations necessary to accurately reflect the committee’s
views. Committees often consider draft reports at in camera
meetings, [540]
but
reports are also considered in public
session. [541]
Once
the committee has agreed to the final version of the report, it is presented to
the House. [542]
Reports to the House
Committees make their views and
recommendations known to the House by way of reports. There are several types of
reports that committees may present, including: reports dealing with routine
matters affecting a committee’s operation (such as requesting the
extension of a deadline or permission to travel, or drawing the House’s
attention to irregularities in their proceedings); reports on bills, Estimates
or Order-in-Council nominees or appointees; and reports following the completion
of an inquiry into some matter referred by the House, or related to the mandate,
management or operation of a committee’s designated ministry or area of
responsibility. This includes not only subject-matter studies but also such
topics as the Public Accounts of Canada, delegated legislation and specific
procedural issues, such as questions of privilege, referred by the
House.
Power to Report
The power to report their findings to the
House is essential to the role of committees. The Standing Orders provide
standing committees with the power to report from time to time, enabling them to
report to the House as often as they see
fit. [543]
A similar
provision is usually included in the order of reference which establishes a
special
committee. [544]
Legislative committees are only empowered to report the bill or bills referred
to them with or without
amendment. [545]
Committees are entitled to report to the
House only with respect to matters within their mandate. When reporting to the
House, committees must indicate the authority under which the study was done
(i.e., the Standing Order or the order of reference). If the committee’s
report has exceeded or has been outside its order of reference, the Speaker has
judged such a report, or the offending section, to be out of
order. [546]
Although committees have conducted hearings
for the sole purpose of receiving a briefing on a certain
topic, [547]
most
committee studies result in reports to the House. A committee may present one or
several reports related to a particular study. In addition to any administrative
reports dealing with matters such as requests for additional powers or an
extension of the final reporting
deadline, [548]
the
committee may present interim reports or a series of reports dealing with
various aspects of the subject matter before
it. [549]
Sub-committees present their reports to the
main committee. [550]
The main committee may simply adopt the sub-committee report as its own or amend
it before doing
so. [551]
The report
is then presented to the House as a report from the main
committee. [552]
A committee may receive an order of
reference which includes a reporting deadline. Both Main and Supplementary
Estimates, as well as private Member’s bills are deemed reported back to
the House if the committee does not present its report within the time period
set out in the Standing
Orders. [553]
While no
time period is set out with respect to private bills, the Standing Orders
require that they be reported to the House in every
case. [554]
In some
cases, statutory reviews also carry reporting
deadlines. [555]
While
a committee ordinarily reports on any matter referred to it by the House, unless
the House sets out a specific deadline, the committee may report when it sees
fit. [556]
Once committee members have agreed on the
contents of the report, it is formally adopted by motion. The committee then
specifies clearly and explicitly, by way of a motion, the format of the
report. [557]
In
addition, the committee adopts another motion instructing the Chair to report it
to the House. [558]
As
final changes to the report may have been made at the meeting prior to its
adoption, it is also usual to adopt a motion giving editorial power to the
Chair, to ensure that the final text of the report in both official languages is
in conformity with the decisions taken by the committee, provided that no change
be made to the substance of the
report. [559]
The
committee may also adopt a motion, requesting that the government provide a
response to the committee’s
report. [560]
Finally,
the committee may decide to hold a press conference, following the presentation
of the report, to publicize the results of their
study. [561]
Contents and Format
Reports to the House can take a variety of
formats depending on the subject matter under consideration and the conclusions
which the committee has reached. Besides preparing printed versions of their
reports, committees have presented reports in Braille, on audiocassette and
computer diskette, and in large-print
formats. [562]
All
substantive reports are posted in electronic format at each committee’s
website. All reports cite the authority under which the study was conducted
(either the order of reference from the House or the appropriate Standing
Order), and are signed by the Chair of the committee. The Minutes of
Proceedings relevant to the report are tabled when the report is presented
to the House.
Reports on certain subjects, such as the
Estimates and Order-in-Council appointments, are restricted in the types of
recommendations which can be proposed. In the case of the Estimates, the
committee reports the Estimates as adopted, reduced or negatived. Reports on
Order-in-Council appointments indicate that the committee has reviewed the
appointment and states the committee’s view of the qualifications and
competence of the appointee. In consequence of this limited scope, reports on
these subjects follow brief, established formats. In the case of legislation,
the bill itself is reported back to the House, with or without amendments. When
a bill is referred to committee, the actual House copy of the bill is delivered
to the clerk of the committee. If the committee carries the bill without
amendment, it is this copy which is returned to the House, suitably endorsed, as
the committee’s report. Where the committee has ordered a reprint of the
bill, incorporating amendments made by the committee, a copy of the reprint is
tabled together with the original House copy of the bill. The reprinted copy of
the bill clearly indicates the changes which the committee has made to the
bill.
Committees also present a variety of
procedural or administrative reports from time to time, seeking additional
powers not provided in their permanent or special orders of reference. Where a
possible breach of privilege related to a committee’s work has occurred,
the committee is not empowered to deal with the matter itself, but may report
the incident to the
House. [563]
Substantive Reports
Substantive reports, especially lengthy
ones, are often prepared as printed documents with special covers. While
committees have considerable latitude in the format of such reports, there are a
number of elements which are normally included. The text of the report follows
the citation of the authority under which the study was carried out. It outlines
the issue or issues dealt with and often includes reference to appropriate
portions of the submissions the committee received, both oral and written. For
large studies, the text is usually divided into separate chapters, dealing with
the various aspects of the subject. Following the text, the committee’s
recommendations on the subject are listed. Appendices are usually included,
listing the witnesses heard and the briefs submitted in the course of the study.
If the committee has chosen to request a government response to the report, the
request is inserted before the Chair’s signature at the end of the report.
Any dissenting or supplementary opinions which the committee has agreed to
attach appear after the Chair’s signature. The relevant minutes of
proceedings, relating to the committee’s adoption of the report, conclude
the document. [564]
Supplementary and Dissenting Opinions
A committee report reflects the opinion of
the committee and not that of the individual members. Members of the committee
who disagree with the decision of the majority may not present a separate
report. There is no provision in the Standing Orders or the practices of the
House for presenting minority
reports. [565]
Where
one or several members of a standing committee are in disagreement with the
committee’s report or wish to make supplementary comments, the committee
may decide to append such opinions to the
report, [566]
after
the signature of the
Chair. [567]
Dissenting or supplementary opinions may be presented by any member of a
committee. [568]
Although committees have the power to append these opinions to their reports,
they are not obliged to do
so. [569]
In agreeing
to append a dissenting or supplementary opinion, the committee will often
specify the maximum length of the text, the deadline for submission to the clerk
and whether it is to be submitted in one or both official
languages. [570]
Presentation in the House
Committee reports are presented during the
Daily Routine of Business, when the Speaker calls, “Presenting Reports
from
Committees”. [571]
Reports are ordinarily presented by the Chair, on instruction from the
committee. [572]
In
the Chair’s absence, a report may be presented by another member of the
committee. The Member presenting a report may offer a brief explanation of its
subject matter. [573]
Where a report has supplementary or dissenting opinions appended to it, a
committee member from the Official Opposition may offer a succinct
explanation. [574]
The
Standing Orders do not permit any other Member to comment on the report at this
time. Where no dissenting or supplementary opinion has been appended, no other
Member is permitted to comment on the report when it is presented. On occasion,
the House has granted consent to Members from other parties to make a brief
statement either concerning a dissenting opinion or on the report
itself. [575]
The House sometimes makes provision for the
presentation of committee reports during adjournment periods, by having them
filed with the Clerk of the House. This has been done both for individual
reports and as a general provision for any committee reports completed during
the adjournment period. [576]
Committee reports must be presented to the
House before they can be released to the public. The majority of committee
reports are discussed and adopted at in camera meetings. Even when a
report is adopted in public session, the report itself is considered
confidential until it has actually been presented in the House. In addition,
where a committee report has been considered and approved during in
camera committee meetings, any disclosure of the contents of a report prior
to presentation, either by Members or non-Members, may be judged a breach of
privilege. Speakers have ruled that questions of privilege concerning leaked
reports will not be considered unless a specific charge is made against an
individual, organization or group, and that the charge must be levelled not only
against those outside the House who have made in camera material public,
but must also identify the source of the leak within the House
itself. [577]
It is not in order for Members to allude to
committee proceedings or evidence in the House until the committee has presented
its report to the House. This restriction applies both to references made by
Members in debate and during Oral Question
Period. [578]
If there
is an irregularity in the committee’s proceedings, the House can only be
seized of it once it is reported to the
House. [579]
Concurrence
Concurrence in a committee report may be
moved by any Member of the House, after 48 hours’ notice, during Routine
Proceedings. The concurrence motion is moved under the heading
“Motions” [580]
and is debatable. [581]
A motion to concur in a report on the
Estimates can only be debated on an allotted day under the Business of
Supply. [582]
The
Standing Orders also provide a special procedure for concurrence in reports
concerning the revocation of a regulation, contained in a report from the
Standing Joint Committee for the Scrutiny of
Regulations. [583]
Where a bill has been reported back from committee, it is subject to the rules
and practices governing the legislative process, rather than those relating to
committee reports in
general. [584]
The House frequently gives its consent to
waive the 48 hours’ notice required by the Standing
Orders [585]
in order
to concur in a report concerning certain administrative matters, such as changes
to the membership of committees. Reports concerning the selection of votable
items of Private Members’ Business and the membership of legislative
committees are deemed adopted when presented in the
House. [586]
Recommendations in committee reports are
drafted in the form of motions so that, if the reports are concurred in, the
recommendations become clear orders or resolutions of the
House. [587]
In
framing their recommendations, committees cannot exceed the authority of the
House. Most importantly, with respect to the expenditure of funds or the
introduction of legislation, committees may recommend only that the government
“consider the advisability” of such
measures. [588]
When a motion to concur in a report is
before the House, it is the concurrence in the report as a whole which the House
is considering. No amendment may be presented to the text of the
report. [589]
A motion
may be presented to recommit the report to the committee so that the report may
be re-examined. [590]
Government Response
When a report is presented in the House, a
standing or special committee may request that the government table a
comprehensive response to it within 150
days. [591]
The
committee may request a response either to the whole report or to one or more
parts. [592]
The
request for a partial response does not prevent the government from responding
to the entire report. Speakers have consistently refused to define
“comprehensive” in this context, maintaining that the nature of the
response must be left to the discretion of the
government. [593]
When
the House is sitting, the response may be tabled by a Minister or a
Parliamentary Secretary during Routine Proceedings under “Tabling of
Documents” or filed with the
Clerk. [594]
When the
House is adjourned, the response may be filed with the Clerk, or the Minister
may wait until the House resumes sitting to table
it. [595]
The Speaker
has ruled that a request for a government response survives a prorogation in the
same manner as orders for the production of
papers. [596]
The
Standing Orders do not provide for any sanction should the government fail to
comply with the requirement to present a
response. [597]