20. Committees
Committees of the Assemblies of the Two Canadas and of the United Province of Canada Development of the House of Commons Committee System
Figure 20.1 Committee System of the House of Commons Figure 20.2 List of Standing and Standing Joint Committees of the House of Commons
Effect of Prorogation and Dissolution on Committees Resuming Proceedings in a New Session
Committee Powers by Committee Type To Examine and Enquire into All Such Matters as the House May Refer to Them To Send for Papers and Records To Sit While the House Is Sitting and When It Stands Adjourned To Sit Jointly with Other Standing Committees To Print from Day to Day Papers and Evidence as May Be Ordered by Them To Report to the House from Time to Time To Delegate to Subcommittees All or Any of Their Powers
Authority to Conduct Studies: Orders of Reference and Instructions Committee Prepares and Brings a Bill Bills Referred to Committee Before or After Second Reading Reports to the House and Deadlines for Reporting Referral of the Subject Matter of a Bill to a Committee Consideration and Review of Existing Laws Reference to Committee and Timeline for Reporting Failure of the Government to Respond to Petitions or Written Questions
Status of Members, Associate Members and Non-members Establishing Committee Membership Standing and Standing Joint Committees Special Committees and Special Joint Committees Standing and Standing Joint Committees Special and Special Joint Committees Methods of Designating Substitutes Standing and Standing Joint Committees Special and Special Joint Committees Participation by Non-Parliamentarians Chairs, Vice-Chairs and Acting Chairs Roles of Chairs, Vice-Chairs and Acting Chairs Administrative Responsibilities Representative Responsibilities Figure 20.3 Methods of Designating Chairs and Vice-Chairs by Type of Committee Standing and Standing Joint Committees Special and Special Joint Committees
Procedural Framework for Committee Activities Committee Procedure and Its Sources Constitution and Acts of Parliament Orders of Reference, Instructions and the Standing Orders of the House of Commons Rulings by the Speaker of the House and Committee Chairs Masters of Their Procedures and Proceedings: a Freedom with Boundaries Committees and Questions of Procedure and Privilege Decisions of the Chair and Appeals Questions of Privilege in Committee Rules of Debate and the Decision-making Process Figure 20.4 Types of Motions in Committee Motion for the Previous Question Organization and Conduct of Business Subcommittee on Agenda and Procedure Time for Opening Remarks and Questioning of Witnesses Travel, Accommodation and Living Expenses of Witnesses Transcripts of In Camera Meetings Determination of Studies and Preparation of Work Schedules and Lists of Witnesses Figure 20.5 Usual Order of Business for Committee Study Leading to a Substantive Report Gathering Evidence and Soliciting Opinions Figure 20.6 Swearing-in of Witnesses Deliberations for the Production of a Report Adoption of a Report by a Committee Concurrence in a Report by the House Types of Meetings and Activities Meetings or Activities Outside the Parliamentary Precinct Figure 20.7 Committee Room Configuration Scheduling, Convening and Conduct of Meetings Times of Meetings and Room Allocation At the Request of Four Committee Members Quorum and Call to Order / “Reduced Quorum” Key Authorities in the Financial Management of Committees Liaison Committee and Subcommittee on Committee Budgets Obtaining Funding for Committees Basic Operational Budget or Interim Funding Supplementary Budget for Project-related Activities or Travel Figure 20.9 Approval Process for Operational and Travel Budgets for Standing Committees Legislative and Special Committee Budgets Supplementary Funding and Unused Funds Reporting of Activities and Deliberations A Single Window for Information: the Committees Web Site
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) As with many other legislative bodies, the House of Commons has a committee system. A parliamentary committee is a small group of Members created and empowered by the House to perform one or more specific tasks.[1] There are a number of different types of committees and they are formed on a temporary or permanent basis. They usually consist of Members drawn from all recognized parties in the House. Committee work, in fact, represents a substantial portion of the parliamentary activity of a Member of Parliament in Ottawa.[2] To enable them to perform their work effectively, the House generally delegates to its committees its powers of inquiry and the authority to compel the appearance of witnesses and the production of documents. A deliberative assembly derives a number of advantages from the use of parliamentary committees. It is more efficient to perform in small groups work that would otherwise be difficult to accomplish in an assembly of more than 300 members. In essence, the responsibilities of parliamentary committees are to review in detail and improve bills and existing legislation, and to monitor the activities of the machinery of government and its executive branch: conducting reviews of and inquiries into government programs and policies, reviews of past and planned expenditures, and reviews of non-judicial appointments. Parliamentary committees also offer a more informal setting, in which Members have the opportunity to develop close working relations with their colleagues. Moreover, if they remain members of the same committees for a sufficient length of time, they are able to develop or strengthen their expertise in specific fields. Through the public consultations they conduct, parliamentary committees represent the main avenue for elected Members of Parliament to enter into a direct dialogue with those in civil society, such as: individual citizens, non‑governmental experts, and representatives from the private sector. Through their work, committees can draw attention and raise the awareness of the government and the general public to specific issues.[3] The process followed in the work of a parliamentary committee is essentially the same for all of them. It begins with the task entrusted to it by the House. The committee draws up a work plan and begins its study or inquiry. It may then hear witnesses and seek opinions. It concludes its study by recording its observations and making recommendations in the form of a report it presents to the House. In some cases, the committee may request that the government respond to its recommendations. This chapter describes the procedure and practice of committees of the House of Commons. After a brief historical survey of the development of the committee system, the types of committee, their mandates, lifespan, powers and the types of studies they conduct are examined. This is followed by a discussion of their membership, leadership and staff, and their deliberations: the procedure that regulates them, how they are organized, the physical framework in which they do their work, how they are funded, and how their work is reported. [1] Committees of the Whole are the exception; they are made up of all Members of the House of Commons. For further information, see Chapter 19, “Committees of the Whole House”. Senators may also sit as members of a parliamentary committee, as in the case of the joint committees of both Houses of Parliament. For further information, see the section in this chapter entitled “Types of Committees and Mandates”. [2] In fiscal year 2007-08, for example, parliamentary committees held nearly 1,200 meetings, which represented nearly 1,700 hours of work. By comparison, the House of Commons held 113 sittings during the same period. [3] For a critical examination of the committee system of the House of Commons, see Jackson, R.J. and Jackson, D., Politics in Canada: Culture, Institutions, Behaviour and Public Policy, 6th ed., Toronto: Pearson Prentice Hall, 2006, pp. 323-5. For further information on the various functions and advantages for deliberative assemblies of a committee system, see National Democratic Institute for International Affairs, “Committees in Legislatures: A Division of Labour”, Legislative Research Series, No. 2, Washington, 1996. |