Chapter 7The Speaker and Other Presiding Officers of the House

Other Presiding Officers

Historical Perspective

At Confederation, the constitutional responsibility of the Speaker to “preside at all meetings” of the House²⁸¹ was fulfilled by the Speaker alone, as there were no provisions allowing another Member to take the Chair.²⁸² After just a few months, the First Parliament passed an Act which allowed the Speaker to choose any Member to occupy the Chair in the Speaker’s absence during the course of a sitting.²⁸³ When the House formed itself into a Committee of the Whole, the Speaker had the authority to select a Member to act as Chairman.²⁸⁴ Many Members were called upon to fulfill this task.²⁸⁵ There could be no guarantee that Members selected ad hoc to preside over the House or a Committee of the Whole would be conversant with the rules or able to arrive at a satisfactory resolution of questions of order. There were no set adjournment times for the daily sittings and the House typically sat late into the evening. All this tended to add to the burden of responsibility carried by the Speaker.

In 1885, having cited the British practice as an example to follow, the Prime Minister put forward the proposition that the House would be better served if the positions of Speaker and Chairman of Committees of the Whole were divided into two offices so that a permanent Chairmanship of Committees of the Whole would be established. The salaried incumbent could also act as Speaker both at the beginning of and during a sitting when the Speaker was absent.²⁸⁶ The Speaker would retain the right to call any Member to take the Chair temporarily during a sitting and would still be obliged, in the absence of the Chairman, to select another Member to chair any Committee of the Whole. The House was not entirely convinced of the need;²⁸⁷ nevertheless, the Prime Minister pursued the matter. After debate, rules were adopted providing for a Chairman of Committees of the Whole to hold office for the duration of a Parliament²⁸⁸ and later that year, a bill was passed enabling the Chairman to act as Speaker in the Speaker’s absence.²⁸⁹ The provisions of that Act are now found in the Parliament of Canada Act and were the basis for subsequent changes in the Standing Orders, which vested in the Deputy Speaker and Chair of Committees of the Whole all the legal powers of the Speaker when the Speaker is absent from the House.

In the years that followed, it became accepted practice for the Deputy Speaker, on occasion, to delegate the powers of Chairman to other Members.²⁹⁰ In 1938, when it was foreseen that the Deputy Speaker and Chairman of Committees of the Whole would be absent from the House for a period of time, the House adopted an amendment to the rules to provide for the selection of a Deputy Chairman of Committees of the Whole who would have all the powers of the Chairman.²⁹¹ The rule codified the power of the Chairman to open a sitting of the House in the Speaker’s absence, a power that until then had not been shared.²⁹² It was suggested that the new position not be permanent but be filled only as required;²⁹³ the rule provided for the office of Deputy Chairman to be filled on a sessional basis or as the need arose. After the initial appointment for a single session in 1938, the post was left vacant for nine years and not filled until 1947.²⁹⁴ From 1947 to 1953, subsequent appointments were made as the need arose.²⁹⁵ When nominating a Deputy Chairman of Committees of the Whole in 1953, the Prime Minister referred to the appointment as “completing the organization of the personnel of the House”²⁹⁶ and thereafter the practice of selecting a Deputy Chairman for the duration of each session was established.

As the work of the House and the length of its sessions continued to increase, the House identified a need for the services of an additional Presiding Officer. The position of Assistant Deputy Chairman of Committees of the Whole was created in 1967, through an amendment to the rules pursuant to the recommendation of a special committee on procedure.²⁹⁷ Again, the rule enabled the incumbent to exercise all the powers of the Chairman of Committees of the Whole, including those of Deputy Speaker, during the Speaker’s absence. There was no suggestion that the position should be temporary and, since 1971, it has routinely been filled.²⁹⁸

The written rules on other Presiding Officers have evolved slowly over the years. In 1906, the rule obliging the Speaker to appoint a Member to preside at any Committee of the Whole (“shall appoint”) was relaxed so as to remove the element of obligation (“may appoint”).²⁹⁹ In 1927, the term “Deputy Speaker”, which had for some time been in common use among Members in referring to the Chairman of Committees of the Whole, began to be used in the written rules.³⁰⁰ The original rules governing the selection of the Deputy Speaker and Chairman of Committees of the Whole explicitly required the selection to take place at the start of each Parliament, after the Address in Reply to the Speech from the Throne had been agreed to. However, this rule was not always adhered to³⁰¹ and in 1955, it was amended so that the selection could be made early in a new Parliament, regardless of whether or not the Address had yet been agreed to.³⁰² In 1968, a reference to its British antecedents was dropped from the rule providing for the appointment of the Deputy Speaker.³⁰³ In 2004, the rules governing the appointment of the Deputy Speaker and Chair of Committees of the Whole and of the Deputy Chair and Assistant Deputy Chair of Committees of the Whole were extensively amended. Since that time, the Prime Minister no longer proposes the candidates; this is done by the Speaker, after consultations with the leaders of all recognized parties. In addition, the motions for appointment are no longer subject to debate or amendment.³⁰⁴ In 2015, the title “Assistant Deputy Speaker” was added to those of Deputy Chair, as well as Assistant Deputy Chair of Committees of the Whole.³⁰⁵ This change took effect at the beginning of the Forty-Second Parliament.

Authority

Every action of the Deputy Speaker when acting in the Speaker’s place has the same effect and validity as if the Speaker had acted, or in the terms of the Parliament of Canada Act:

Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker … that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker.³⁰⁶

The Parliament of Canada Act provides that when the Speaker’s unavoidable absence is announced to the House by the Clerk at the start of a sitting,³⁰⁷ the Deputy Speaker takes the Chair. If the Speaker is still absent at the start of the next sitting, the Deputy Speaker again assumes the Speaker’s role and may continue to do so from day to day until the Speaker’s return. If the House should adjourn for longer than 24 hours, the Deputy Speaker can continue to act as Speaker only for 24 hours from the time of adjournment.³⁰⁸

From time to time the Speaker has been absent at the beginning of a sitting; more rarely, the Speaker has been absent over several consecutive sittings.³⁰⁹ In the absence of both the Speaker and the Deputy Speaker, the Assistant Deputy Speaker and Deputy Chair of Committees of the Whole or the Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole open the sitting of the House.³¹⁰ In such cases, they are entitled to exercise all the powers vested in the Deputy Speaker during the Speaker’s absence.³¹¹

Role

The primary roles of the Deputy Speaker and the other Presiding Officers are to occupy the Chair in the Chamber in lieu of the Speaker when the latter is unavailable or occupied with other duties, to take the Chair when the House sits as a Committee of the Whole and on occasion to preside over legislative or special committees. In addition, the Deputy Speaker has certain administrative responsibilities.

In the House, the Speaker is generally in the Chair at specific times: at the opening of the sitting and during Members’ Statements, Oral Questions, Routine Proceedings and recorded divisions. The remaining time in the Chair is shared by the Deputy Speaker and the other Presiding Officers.³¹² On occasion, the Speaker or one of the other Presiding Officers may choose another Member to replace them for a short period.³¹³

When the House forms itself into a Committee of the Whole, it is the duty of the Chair of Committees of the Whole to take the Chair if present in his or her place in the House.³¹⁴ The fact that the rules now provide for the selection of a Deputy and Assistant Deputy Chair of Committees of the Whole does not, in theory, affect the Speaker’s ability to appoint another Member to preside in the absence of the Deputy Speaker.³¹⁵ However, in keeping with the practice established at the turn of the 20th century, the task of filling the acting chairmanship typically falls upon the Member acting as Speaker at the time.³¹⁶ It has rarely been necessary for the Speaker to call upon another Member.

The Deputy Speaker, along with the Assistant Deputy Speaker and Deputy Chair of Committees of the Whole and Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole, is a member of the Panel of Chairs for legislative committees and may thus be appointed by the Speaker to chair a legislative committee or to act in place of the Speaker to appoint Members to chair legislative committees.³¹⁷ On three occasions, the House adopted a special order establishing a special committee to be chaired by the Deputy Speaker.³¹⁸

As regards administrative responsibilities, the Deputy Speaker may be asked to serve on the Board of Internal Economy.³¹⁹ He or she is deemed to remain in office during an electoral period.³²⁰

While the Standing Orders provide for the Speaker’s impartiality and independence by prohibiting participation in any debate before the House,³²¹ there is no such clear statement as to whether the Deputy Speaker and other Presiding Officers should take part in debate. Until the 1930s, it was not unusual for Deputy Speakers to participate actively in debate³²² and there has been controversy from time to time over the extent to which the Chair Occupants, other than the Speaker, should remain aloof from partisan politics.³²³

In 1931, when a question arose as to the propriety of the Deputy Speaker speaking in debate, it was generally felt that the actions of the Deputy Speaker must be governed by “good taste and judgement”.³²⁴ Since then, and in the absence of any rule or guideline governing the political activities of Presiding Officers of the House or limiting their participation in debate or voting, the degree of participation has been an individual decision. In 1993, Deputy Speaker Champagne agreed to act as co-chair of her party’s leadership convention. A question of privilege was raised in the House by a Member who argued that this decision affected the appearance of impartiality attached to the office of Deputy Speaker and that she was therefore guilty of a contempt of the House. Speaker Fraser ruled that, given the existing practice and the absence of clear direction from the House, Deputy Speakers have used varying degrees of discretion in terms of their party involvement. He clarified that they remain members of their political parties, and unlike the Speaker, may attend caucus meetings, participate in debate and vote. The Speaker ruled that the Deputy Speaker is not “cloaked with the same exigencies that are expected of the Speaker” and that the matter did not constitute a prima facie case of privilege.³²⁵

The Deputy Speaker and other Presiding Officers generally avoid taking part in debate, but do for the most part maintain their right to vote when not presiding over the House.³²⁶ In 1985, when the Assistant Deputy Chairman participated in debate on a bill before the House, an objection was raised.³²⁷ In 1999 and 2007, however, the Deputy Chair participated in the debate on the Address in Reply to the Speech from the Throne without objection.³²⁸ Presiding Officers have presented petitions³²⁹ and made Members’ Statements³³⁰ and no objection has been made. On occasion, a Presiding Officer has taken the opportunity to offer a comment from the Chair, and again no objection was made.³³¹ In general, occupants of the Chair have not sponsored or pursued private Members’ bills or motions,³³² or placed written questions on the Order Paper.³³³

Method of Selection

The rules of the House provide for the selection of the Deputy Speaker and Chair of Committees of the Whole.³³⁴ The Deputy Speaker is selected at the start of every Parliament and holds office for the duration of the Parliament. The selection generally occurs after the Speaker’s report to the House on the Speech from the Throne, at the opening of the first session.³³⁵ Until 2004, a Member, usually the Prime Minister,³³⁶ moved a motion proposing that a certain Member assume the office of Deputy Speaker and Chair of Committees of the Whole House. With a few exceptions, the proposed Member has been from the government side of the House³³⁷ and the motion has been seconded by a government Member.³³⁸ In 2004, the Standing Orders were amended such that the Speaker, after consultation with the leaders of the officially recognized parties, announces the name of the Member he or she has selected for the position. A motion for that Member’s election is deemed to have been moved and the question is put immediately without debate or amendment.³³⁹

The rules continue to require that the Deputy Speaker be fluent in the official language which is not that of the Speaker “for the time being”.³⁴⁰ The candidates proposed have rarely met with opposition.³⁴¹ Since 2004, the Deputy Speaker has been appointed from one of the recognized parties in the House other than that of the Speaker.³⁴²

The rules provide similarly for the selection of Assistant Deputy Speaker and Deputy Chair of Committees of the Whole and Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole for a session.³⁴³ Until the amendment of the Standing Orders in 2004, the appointments were made at the start of each session, or from time to time as necessary, by means of a motion moved and seconded by Members from the government side of the House.³⁴⁴ In some cases, adoption of the motion was preceded by debate and a recorded division.³⁴⁵ Since 2004, the procedures for this selection mirror those for the selection of a Deputy Speaker.

With just four exceptions, the Members selected to the offices of Deputy Chair and Assistant Deputy Chair of Committees of the Whole have come from the government benches.³⁴⁶

Tenure

The selection of a Deputy Speaker and Chair of Committees of the Whole is effective for the life of the Parliament; in the event of a vacancy in the office “by death, resignation, or otherwise”, the House is required to proceed “forthwith” to the selection of a successor.³⁴⁷

Vacancies in the office of Deputy Speaker have occurred between sessions as well as during a session. Vacancies have occurred four times between sessions (1889, 1914, 1959 and 1961), when Members who were occupying the Chair as Deputy Speaker were appointed to Cabinet positions. Charles Carroll Colby and Pierre-Édouard Blondin were appointed to Cabinet in 1889 and 1914, respectively. As was the law at the time, they resigned their seats as Members, thus vacating the office of Deputy Speaker and Chairman of Committees of the Whole.³⁴⁸ Each was re-elected in by-elections between sessions and in each case, on the first day of the new session, the Speaker informed the House of the vacancy in representation and then announced the certificate of election and return of the Member.³⁴⁹ On the fourth and third sitting day of the new session, respectively, a new Deputy Speaker was selected;³⁵⁰ in accordance with the rules in effect at the time, the selection could not take place until after the Address in Reply to the Speech from the Throne had been agreed to.³⁵¹ Pierre Sévigny and Jacques Flynn were appointed to Cabinet in 1959 and 1961, respectively. In each case, on the first day of the new session, following the Speech from the Throne, the Prime Minister informed the House of changes to the Cabinet and then moved a motion to appoint a Deputy Speaker and Chairman of Committees of the Whole.³⁵² In none of the foregoing cases do the official publications mention a resignation or letter of resignation communicated to the House by the Speaker.

There have also been vacancies during a session (in 1935, 1952, 1970, 1984, 1990 and 2012). The death of Armand LaVergne in 1935 is the only instance of the death of a Deputy Speaker while in office.³⁵³ A successor was chosen four sitting days after news of his death was brought to the House.³⁵⁴ J.A. Dion was appointed a judge in 1952 and resigned as a Member, thus creating a vacancy in the Deputy Speakership.³⁵⁵ Hugh Faulkner was appointed a Parliamentary Secretary in 1970, and his resignation was communicated to the House by the Speaker.³⁵⁶ Lloyd Francis, selected as Deputy Speaker at the opening of the Thirty-Second Parliament in 1980,³⁵⁷ vacated that office by virtue of his election to the Speakership following the resignation of Speaker Sauvé in the Second Session of that Parliament.³⁵⁸ Denise Savoie, selected as Deputy Speaker at the opening of the Forty-First Parliament, vacated the office by virtue of resigning her seat in the House of Commons. In the latter four cases, the new Deputy Speaker was selected on the day on which the House was informed of the change in status of the Members. A less typical case is that of Deputy Speaker Marcel Danis, who was appointed to the Cabinet on February 23, 1990. Following his Cabinet appointment, he did not preside over the House, but remained in office as Deputy Speaker and Chairman of Committees of the Whole until May 15, 1990, when his official resignation was communicated to the House and a new Deputy Speaker was elected.³⁵⁹

The offices of Assistant Deputy Speaker and Deputy Chair of Committees of the Whole and Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole may be filled “at the commencement of every session, or from time to time as necessity may arise”.³⁶⁰ Thus, a vacancy during a session would not necessarily be filled immediately, or at all. For example, after the initial appointment of a Deputy Chairman of Committees of the Whole for a single session in 1938, the post was left vacant until 1947.³⁶¹ In December 1967, the Deputy Chairman of Committees of the Whole, Maurice Rinfret, died and the position remained vacant for the balance of the session. However, since 1974 (First Session, Thirtieth Parliament), the House has operated with the full complement of Presiding Officers as the statutes and rules provide, and current practice has been that when such vacancies arise, they are filled without undue delay.³⁶²

Vacancies during a session in the offices of Assistant Deputy Speaker and Deputy Chair and Assistant Deputy Speaker and Assistant Deputy Chair have occurred for various reasons. In more than one case, a Member serving as Deputy Chair or Assistant Deputy Chair was appointed to fill a vacancy among the other Presiding Officers,³⁶³ or accepted an appointment of another kind.³⁶⁴ In 1961, the Prime Minister informed the House that the Deputy Chairman of Committees of the Whole wished to be replaced due to illness and immediately moved a motion naming a successor.³⁶⁵ In 1996, the Deputy Chairman was appointed to the Senate and resigned as a Member, thus vacating the Deputy Chairmanship.³⁶⁶ On other occasions, vacancies have occurred as the result of resignations.³⁶⁷ In some cases where the Deputy Chairman of Committees of the Whole stepped down, the fact of the resignation was announced to the House by the Speaker.³⁶⁸

The selection of a particular individual as Chair, Deputy Chair or Assistant Deputy Chair has been renewed from Parliament to Parliament or from session to session, as the case may be. It has also happened that individuals have moved from one position as Presiding Officer to another, either through filling vacancies during a session or through selection to other positions in a new session of Parliament; however, there is little evidence to suggest that this experience has created a path to the Speakership. Of the 36 Speakers who have occupied the Chair since Confederation, only 10 have had prior experience as Presiding Officers in the House of Commons.³⁶⁹

281.

Constitution Act, 1867, supra note 21, s 46.

282.

Section 47 of the Constitution Act, 1867, supra note 21, called for the election of an interim Speaker only if the Speaker was absent for more than 48 hours. This section had been included in the Constitution because, on one occasion, the Legislative Assembly of the Province of Canada was not able to meet over a period of days because the Speaker was ill and unable to attend (Journals, March 22, 1858, p. 161). In another case, after Confederation, the House began its sitting late because the Speaker missed his train and was not present at the hour of meeting (Debates, April 19, 1870, p. 1065).

283.

An Act respecting the Office of Speaker of the House of Commons of the Dominion of Canada, SC 1867, c 2. These provisions are now found in the Parliament of Canada Act, supra note 17, s 42. The Speaker used this new power for the first time on March 30, 1868 (Journals, p. 167). Although substitutions of this nature continued to take place, they were not recorded in the Journals after 1870.

284.

Rules, Orders, And Forms of Proceedings of the House of Commons of Canada, 1867, rule 76. The House adopted its first written rules on December 20, 1867 (Journals, pp. 115–25). Since March 2003, the term “Chair” has replaced “Chairman” in the Standing Orders.

285.

See, for example, Journals, May 14, 1868, pp. 353–64.

286.

Debates, February 10, 1885, pp. 67–8. In the British Parliament, the office of Deputy Speaker came into existence in 1855. See May, Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament, 24th ed., pp. 65–6.

287.

The Opposition objected, claiming there were no provisions for such a position in the Constitution and alleging it was intended to create a salaried office for political patronage; the question of language requirements was also raised (Debates, February 10, 1885, pp. 68–70).

288.

Journals, February 10, 1885, pp. 53–5, Debates, pp. 67–72. An amendment, later to become a Standing Order (the current Standing Order 7(2)), concerned the language requirement for the position.

289.

The Opposition had argued that the office of Speaker was governed by legislation (the Constitution) and that, while Parliament might alter its provisions, this had to be done by way of legislation rather than a resolution of the House. The Prime Minister accepted this argument (Debates, February 10, 1885, pp. 73–4) and the Bill, An Act to provide for the Appointment of a Deputy Speaker of the House of Commons, 3rd Sess, 5th Parl, 1885, received Royal Assent on May 1, 1885. Malachy Bowes Daly took the Chair as Deputy Speaker for the first time on May 2, 1885 (Journals, p. 357). See also Appendix 3, “Deputy Speakers and Chairs of Committees of the Whole Since 1885”, of this volume.

290.

The practice was at first controversial. See, for example, Debates, April 26, 1888, cols. 1005–6, and April 8, 1896, cols. 5732–7 (when objections were raised about a Member taking the Chair in the absence of the Deputy Speaker); Debates, June 6, 1899, cols. 4445–57, and June 7, 1899, cols. 4553–4 (when, in reporting from a Committee of the Whole, the Chairman replaced the absent Speaker and named another Member to present the report to the House); and Debates, July 15, 1903, cols. 6630–8 (when the Member acting as Chairman of the Committee took the Chair to receive its report and later went on to adjourn the House). However, no such objections appear to have been raised after 1903, and it seems the practice was accepted.

291.

Journals, February 11, 1938, p. 60.

292.

The Leader of the Opposition expressed doubts that the statute allowed for this particular delegated power, but did not object further when the Minister of Justice responded that it was a satisfactory way of providing for the case at hand (Debates, February 11, 1938, pp. 370–1).

293.

Debates, February 11, 1938, pp. 370–1.

294.

Debates, March 28, 1947, pp. 1826–7.

295.

For further information, see Appendix 4, “Assistant Deputy Speakers and Deputy Chairs of Committees of the Whole Since 1938”, of this volume.

296.

Debates, December 16, 1953, p. 963.

297.

The special committee’s mandate included reporting to the House on possible rule changes which it might “deem suitable to promote the more expeditious dispatch of the business of the House”. The committee’s First Report, presented to the House on March 20, 1967 (Journals, p. 1549), and concurred in without debate on April 26, 1967 (Journals, p. 1769, Debates, p. 15489), stated that the appointment of an Assistant Deputy Chairman of Committees of the Whole would be “desirable”, and went on to recommend the necessary amendment to the Standing Orders.

298.

For further information, see Appendix 5, “Assistant Deputy Speakers and Assistant Deputy Chairs of Committees of the Whole Since 1967”, of this volume.

299.

Rules of the House of Commons of Canada, 1906, rule 13(4).

300.

Journals, March 22, 1927, pp. 324–5.

301.

In 1887, for example, the Deputy Speaker was not selected until almost a month after the Address had been agreed to (Journals, May 11, 1887, pp. 370–1); in 1891, the Address was agreed to on May 4 (Journals, p. 17), and the Deputy Speaker was chosen on May 22 (Journals, p. 159). In 1949 and 1953, the House agreed to waive the rule and the Deputy Speaker was selected before the Address was agreed to (Journals, September 15, 1949, p. 17; November 12, 1953, p. 16).

302.

Journals, July 12, 1955, pp. 920–1.

303.

Journals, December 20, 1968, p. 572. Until then, the duties of the office holder had been described in the Standing Order as “in accordance with the usages which regulate the duties of a similar officer, generally designated the Chairman of the Committee of Ways and Means, in the House of Commons of the United Kingdom of Great Britain and Northern Ireland”.

304.

Standing Orders 7 and 8; Eighth Report of the Standing Committee on Procedure and House Affairs, presented to the House and concurred in on October 22, 2004 (Journals, p. 136).

305.

Twenty-Eighth Report of the Standing Committee on Procedure and House Affairs, presented to the House on December 8, 2014 (Journals, p. 1915), and concurred in on February 4, 2015 (Journals, p. 2092).

306.

Supra note 17, s 44(2). See also Debates, June 4, 1985, p. 5387.

307.

Supra note 17, s 43. Typically, the House is informed of the unavoidable absence of the Speaker by the Clerk of the House before the prayer is read. However, exceptions have occurred. For example, on one occasion after the sitting was under way, the announcement was made by the Assistant Deputy Chairman (Journals, March 3, 1995, p. 1199, Debates, p. 10313).

308.

Parliament of Canada Act, supra note 17, s 43.

309.

For example, in 1885, the Speaker was replaced over three sittings due to illness in the family (Journals, May 2, 4 and 5, pp. 357–9); in 1899, Speaker Edgar fell ill and was replaced at the start of 16 sittings (Journals Index for 1899 under “Deputy Speaker”). In two more recent cases (Speaker Sauvé in 1983 and Speaker Fraser in 1993), the Speaker was absent from the House for a period of time due to illness and was replaced over several consecutive sittings (Journals Index, 1983–84, 1991–93, under “Speaker—Unavoidable Absence”).

310.

In the Second Session of the Forty-First Parliament, the Assistant Deputy Speaker and Deputy Chair and Assistant Deputy Speaker and Assistant Deputy Chair opened sittings of the House from time to time as Chair Occupants typically assumed the responsibilities of the Chair on Fridays on a rotational basis. See, for example, Journals, May 8, 2015, p. 2505 (Assistant Deputy Chair); June 5, 2015, p. 2641 (Deputy Speaker); June 19, 2015, p. 2847 (Deputy Chair).

311.

Standing Order 8.

312.

Parliament of Canada Act, supra note 17, s 42.

313.

On one occasion, a Member who was not a Presiding Officer, Mauril Bélanger (Ottawa—Vanier), who had been diagnosed with amyotrophic lateral sclerosis, opened the sitting and was in the Chair during Statements by Members and for the beginning of Oral Questions, speaking using text-to-speech software. He had been designated as honorary Chair Occupant for one day by a Special Order of the House to recognize his service to Parliament and to Canada (Journals, December 9, 2015, p. 33; March 9, 2016, p. 241).

314.

Standing Order 7(1). For further information, see Chapter 19, “Committees of the Whole House”.

315.

Standing Order 7(4).

316.

See, for example, Debates, June 10, 2015, p. 14915, when the Deputy Speaker appointed another Member, Steven Fletcher (Charleswood—St. James—Assiniboia), to act as Chair of a Committee of the Whole. From time to time, the House has adopted special orders providing for the House to sit as a Committee of the Whole and for the Speaker to act as Chair. See, for example, Journals, September 20, 2001, p. 619; May 29, 2014, p. 1092; December 9, 2014, p. 1932.

317.

Standing Order 112. See, for example, Journals, November 23, 1989, p. 78; November 22, 2002, p. 220; December 3, 2009, p. 1139; November 5, 2010, p. 882 (appointments of the Deputy Speaker to chair legislative committees); February 24, 2005, p. 481 (appointment of the Deputy Chair to chair a legislative committee); February 23, 1990, p. 1278 (appointment of the Assistant Deputy Chair to chair a legislative committee); May 25, 1993, p. 2999 (Deputy Speaker appointing Members to act as chairmen of legislative committees).

318.

Journals, December 14, 1989, p. 1011; March 21, 2001, pp. 208–9; November 28, 2002, p. 236. In the first instance when the Deputy Speaker (Marcel Danis) was later appointed to the Cabinet, the House agreed that he should continue to chair the special committee (Journals, March 6, 1990, p. 1290).

319.

Formerly, the Parliament of Canada Act, supra note 17, s 50(2), explicitly included the Deputy Speaker in the membership of the Board of Internal Economy. When the Act was amended in 1997 (An Act to amend the Parliament of Canada Act, SC 1997, c 32) to give additional representation on the Board to opposition parties, the Deputy Speaker was removed, but the government then appointed the Deputy Speaker as one of its representatives on the Board (Journals, December 11, 1997, p. 391; January 31, 2001, p. 17). The Deputy Speaker has not been a member of the Board since 2004.

320.

Parliament of Canada Act, supra note 17, s 53.

321.

Standing Order 9.

322.

When reproached for indulging in politics, Deputy Speaker LaVergne declared: “A Deputy Speaker is not supposed to be impartial when he is not in the Chair. Truth holds a greater place in the house than the opinion of the hon. Friend” (Debates, June 19, 1931, p. 2840).

323.

In 1914, for example, the involvement of Pierre-Édouard Blondin (Deputy Speaker) in a by-election campaign gave rise to a motion moved in the House by Sir Wilfrid Laurier (Leader of the Opposition) “That in the opinion of this House, in the discharge of the duties and responsibilities of the Deputy Speaker toward this House, he is bound by and subject to the same rules as apply to Mr. Speaker, and that, therefore, he is debarred from taking part in electoral contests” (Debates, March 5, 1914, p. 1362). Prime Minister Borden opposed the motion, arguing that the status of both the Speaker and Deputy Speaker was based on custom and should the House find it necessary to set rules for the Deputy Speaker, it would surely be necessary to do likewise for the Speaker. No decision was taken and the motion was withdrawn (Debates, March 5, 1914, pp. 1362–70).

324.

Debates, March 20, 1931, pp. 173–80.

325.

Debates, March 8, 1993, pp. 16577–81; March 9, 1993, p. 16685. In the Thirty-Eighth Parliament, the Assistant Deputy Chair of Committees of the Whole also acted as the government’s Special Adviser for Grenada to the Minister of International Cooperation (Aileen Carroll) (Journals, October 7, 2004, p. 31; Debates, May 10, 2005, p. 5874).

326.

See, for example, Debates, October 12, 1979, p. 134. Some occupants of the Chair have taken the decision to abstain entirely from voting (David Kilgour, Deputy Speaker and Chairman of Committees of the Whole in the Thirty-Fifth Parliament; Ian McClelland, Deputy Chairman of Committees of the Whole in the First Session of the Thirty-Sixth Parliament).

327.

Debates, November 25, 1985, pp. 8777–81. Assistant Deputy Chairman Jean Charest took part in debate and a question of privilege was raised the next day. The Speaker ruled that there is no rule that would prevent a Presiding Officer (other than the Speaker) from speaking; “whether one should or should not do so,” he said, “is a question of judgment that various deputy Speakers have exercised in various ways” (Debates, November 26, 1985, pp. 8821–4).

328.

Debates, October 18, 1999, pp. 259–61; October 23, 2007, pp. 301–3.

329.

See, for example, Journals, June 21, 2012, p. 1900 (Deputy Speaker); November 17, 2005, p. 1284 (Assistant Deputy Chair). Petitions have also been filed with the Clerk of the House by Presiding Officers. See, for example, Journals, February 5, 2015, p. 2111 (Speaker); June 18, 2015, pp. 2845–6 (Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole).

330.

See, for example, Debates, November 5, 2013, p. 766 (Deputy Speaker); May 6, 2015, p. 13529 (Assistant Deputy Speaker and Deputy Chair of Committees of the Whole); June 9, 2015, p. 14805 (Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole).

331.

On one occasion, following the passage of a bill, the Deputy Speaker spoke briefly to it from the Chair (Debates, June 11, 1992, pp. 11870–1).

332.

There have been exceptions. For example, in 2011, the Deputy Speaker, Denise Savoie, gave notice of six private Members’ motions, though the motions were ultimately withdrawn (Status of House Business at prorogation, September 13, 2013, pp. 129–30). In 2014, the Assistant Deputy Chair of Committees of the Whole, Bruce Stanton, took part in debate on his private Member’s motion which was adopted by the House (Journals, October 6, 2014, p. 1587, Debates, p. 8254).

In 1996, after Peter Milliken became Deputy Chairman of Committees of the Whole, a private Member’s bill sponsored by him prior to his appointment as a Presiding Officer was concurred in at report stage, read a third time and passed (Journals, November 28, 1996, p. 935, Debates, pp. 6889–90). Prior to becoming Deputy Speaker in 2012, Joe Comartin introduced a private Member’s bill, which was adopted by the House, and sent to the Senate. The bill was reinstated and sent back to the Senate in the next session. The bill was still at the consideration in committee stage before the Senate when Parliament was dissolved (Status of House Business at dissolution, August 2, 2015, p. 80).

In some instances, after the appointment of a Presiding Officer, the sponsorship of their bill has been transferred to another Member (see, for example, Journals, February 19, 1997, p. 1151) or withdrawn (see, for example, Journals, May 7, 2013, p. 3096).

333.

In some instances, Presiding Officers have had questions placed on the Order Paper and had questions answered or made orders for return. See, for example, Debates, April 15, 1997 p. 9702 (Deputy Chairman of Committees of the Whole); June 16, 2006, p. 2504 (Assistant Deputy Chair of Committees of the Whole); June 4, 2012, p. 8752 (Deputy Speaker).

334.

Standing Order 7.

335.

For further information on the opening of a Parliament, see Chapter 8, “The Parliamentary Cycle”.

336.

In 1891, 1896, 1901 and 1935, the motion was moved by another leading Minister instead of the Prime Minister (Journals, May 22, 1891, p. 159; August 27, 1896, p. 15; February 11, 1901, p. 20; March 11, 1935, p. 209).

337.

Three of these Deputy Speakers were opposition Members: George Henry Boivin (Debates, March 21, 1918, pp. 73–4), Robert McCleave (Debates, January 4, 1973, pp. 11–2), and Gérald Laniel (who served in two Parliaments, over a change of government—1974–79, and 1979 (Debates, October 9, 1979, p. 15)).

338.

The nominations of Robert McCleave (an opposition Member) and Gérald Laniel (an opposition Member going into his second term as Deputy Speaker) were seconded by the Leader of the Opposition (Journals, January 4, 1973, p. 13; October 9, 1979, p. 20). The nomination of Andrée Champagne (a government Member) was seconded by the Opposition House Leader (Journals, May 15, 1990, p. 1705).

339.

Standing Orders 7(1) and (1.1). See also Journals, September 17, 2012, p. 1917; December 4, 2015, p. 14.

340.

Standing Order 7(2). The language requirement has been met (or deemed met) in each Parliament since 1885. Beginning in the late 1950s, a similar linguistic balance was maintained with respect to the Deputy Chairman and Assistant Deputy Chairman of Committees of the Whole, although no such requirement existed. In recent Parliaments, the approach has been to seek bilingual candidates for these offices wherever possible. In the Thirty-Eighth Parliament, the first time a candidate was proposed by the Speaker, consultations between the Speaker and the leaders of the parties ensured that all parties deemed the language requirement to have been met.

341.

The motion to select Malachy Daly in 1885 was adopted on division (Debates, February 10, 1885, pp. 72–3). In 1911, the motion nominating Pierre Blondin was debated and then adopted without division (Debates, November 29, 1911, cols. 519–25). In 1918, a Member objected to the nomination of George Henry Boivin, but again, the motion was adopted without division (Debates, March 21, 1918, pp. 73–5). Only once has a recorded division been taken on the motion to select a Deputy Speaker and Chairman of Committees of the Whole; this was in 1962, on the motion to select Paul Martineau (Journals, January 18, 1962, pp. 6–7, Debates, pp. 5–6).

342.

During the Thirty-Ninth Parliament, both the Speaker (Peter Milliken) and the Deputy Speaker (Bill Blaikie) came from opposition parties.

343.

Standing Order 8.

344.

With few exceptions, the motion was usually moved by the Prime Minister; exceptions in this practice occurred in the selection of the Deputy Chairman William Henry Golding in 1947 (Journals, March 28, 1947, p. 258) and Deputy Chairman Peter Milliken in 1996 (Journals, October 28, 1996, p. 778); and in the selection of the Assistant Deputy Chairman Charles DeBlois in 1990 (Journals, October 2, 1990, p. 2050). In most cases, the motion is also seconded by a government Member; instances of seconding by opposition Members occurred in the nominations of Gérald Laniel as Deputy Chairman in 1973 (his fourth of five sessional appointments (Journals, January 4, 1973, p. 13)), Ian McClelland as Deputy Chairman in 1997 (Mr. McClelland was himself an opposition Member (Journals, September 23, 1997, p. 13)); the nomination of Charles DeBlois as the Assistant Deputy Chairman was jointly seconded by two opposition Members (Journals, October 2, 1990, p. 2050).

345.

The motion for the selection of the Assistant Deputy Chairman has twice been the object of a recorded division. In 1990, an objection was raised on the grounds that the opposition Bloc Québécois party had not been consulted (Journals, October 2, 1990, p. 2050, Debates, pp. 13657–8). In 1996, the opposition parties contended that the office should be held by an opposition Member; the motion nominating Pierrette Ringuette-Maltais was debated and adopted on a deferred recorded division (Journals, February 27, 1996, p. 4, Debates, pp. 9–16; Journals, February 28, 1996, pp. 9–10, Debates, pp. 70–1). Also in 1996, the motion nominating a Deputy Chairman was decided on a recorded division, after opposition Members argued that at least one Chair Occupant should be selected from the opposition; a government Member, Bob Kilger, was selected (Journals, February 27, 1996, p. 3, Debates, pp. 6–9). Later in the session, the nomination of Peter Milliken as Deputy Chairman was debated at length, closured and agreed to following a recorded division; in addition, the opposition moved an amendment, which was defeated, to have one of its members appointed to the position (Journals, October 28, 1996, pp. 778–9; October 29, 1996, pp. 785–9).

346.

In 1997, Ian McClelland became the first opposition Member to assume the office of Deputy Chairman of Committees of the Whole (Journals, September 23, 1997, p. 13). In 2008, Denise Savoie was appointed Deputy Chair of Committees of the Whole (Journals, November 21, 2008, p. 21). In 2015, Carol Hughes was appointed Assistant Deputy Speaker and Deputy Chair of Committees of the Whole (Journals, December 7, 2015, pp. 21–2). In 2004, at the beginning of the Third Session of the Thirty-Seventh Parliament, Betty Hinton became the first opposition Member to assume the office of Assistant Deputy Chair of Committees of the Whole (Journals, February 2, 2004, p. 4).

347.

Standing Order 7(3).

348.

Until 1931, Members who accepted certain positions in Cabinet were required, pursuant to the Senate and House of Commons Act, to resign their seats and seek re-election (Senate and House of Commons Act, RSC 1927, c 147, ss 13 and 14). The Act (now called the Parliament of Canada Act, supra note 17) was amended in 1931 to remove this requirement (SC 1930-31, c 52, s 1).

349.

Journals, January 16, 1890, pp. 2–4; February 4, 1915, pp. 2, 4.

350.

Journals, January 21, 1890, p. 15; February 9, 1915, p. 20.

351.

This part of the rule was amended in July 1955 to remove the reference to the Address in Reply (Journals, July 12, 1955, pp. 920–1).

352.

Debates, January 14, 1960, pp. 3–5; January 18, 1962, pp. 4–6.

353.

The House was informed of the death on March 5, 1935 (Debates, pp. 1415–7).

354.

Journals, March 11, 1935, p. 209.

355.

Journals, April 9, 1952, pp. 197–8.

356.

Journals, October 5, 1970, p. 1192.

357.

Journals, April 14, 1980, p. 22.

358.

Journals, January 16, 1984, p. 72.

359.

Journals, May 15, 1990, pp. 1704–5. In his capacity as Deputy Speaker, Mr. Danis had been appointed Chairman of the Special Committee on the Review of the Parliament of Canada Act (Journals, December 14, 1989, p. 1011). After his appointment to Cabinet, he continued, by leave of the House, to chair the Committee which continued meeting until November 1990 (Journals, March 6, 1990, p. 1290).

360.

Standing Order 8.

361.

Debates, March 28, 1947, pp. 1826–7.

362.

For further information, see Appendix 4, “Assistant Deputy Speakers and Deputy Chairs of Committees of the Whole Since 1938” and Appendix 5, “Assistant Deputy Speakers and Assistant Deputy Chairs of Committees of the Whole Since 1967”, of this volume.

363.

In 1952, Louis-René Beaudoin, then Deputy Chairman, became Deputy Speaker and Chairman of Committees of the Whole. In 1982, Rod Blaker, then Assistant Deputy Chairman, became Deputy Chairman. In 1990, Andrée Champagne, then Assistant Deputy Chairman, was selected to be Deputy Speaker and Chairman of Committees of the Whole, as had Eymard Corbin in 1984. In 2011, Barry Devolin, then Assistant Deputy Chair of Committees of the Whole, became Deputy Chair.

364.

In 1970, Albert Béchard was appointed as a Parliamentary Secretary, and the Speaker announced to the House that Mr. Béchard had submitted his resignation as Deputy Chairman of Committees of the Whole; the Prime Minister then moved a motion appointing another Member to fill the position (Journals, October 5, 1970, p. 1192, Debates, p. 8705). On June 30, 1986, Jean Charest, the Assistant Deputy Chairman of Committees of the Whole, was appointed Minister of State (Youth); no formal resignation was communicated to the House and a replacement was selected in the next session. In 1996, the Deputy Chairman of Committees of the Whole, Bob Kilger, was appointed Chief Government Whip and was replaced on October 29; no formal resignation was communicated to the House.

365.

The Prime Minister indicated to the House that the Deputy Chairman (Charles Edward Rea) was seriously ill and that his wife, speaking on his behalf, had requested that he be replaced (Debates, June 8, 1961, p. 6015). The motion proposed the appointment of Gordon Campbell Chown, “in the place of Charles Edward Rea … who is unable to carry on this duty because of illness” (Journals, June 8, 1961, p. 640).

366.

Shirley Maheu was appointed to the Senate on February 1, 1996, during the intersession.

367.

In 1982, the Deputy Chairman, Denis Ethier, resigned in protest against procedural tactics employed by the Official Opposition (Debates, July 8, 1982, pp. 19164–5; July 14, 1982, pp. 19321–6; July 21, 1982, p. 19555) and in 1990, the Assistant Deputy Chairman, Denis Pronovost, resigned following controversial remarks he had made (Debates, May 31, 1990, pp. 12110, 12123–4; June 1, 1990, p. 12163).

368.

Keith Penner and Rod Blaker were appointed Parliamentary Secretaries on October 10, 1975, and January 13, 1984, respectively. The Speaker informed the House of their resignations on October 14, 1975 (Journals, p. 754, Debates, p. 8091) and January 16, 1984 (Journals, p. 74, Debates, p. 443).

369.

Speakers Brodeur, Marcil, Sévigny, Rhodes, Macdonald, Beaudoin, Lamoureux, Francis, Milliken and Scheer had all served as Deputy Speaker and Chairman of Committees of the Whole prior to becoming Speaker. Speakers Beaudoin and Milliken had, in addition, served as Deputy Chairman of Committees of the Whole. Speaker Scheer had also served as Assistant Deputy Chair of Committees of the Whole. In 1942, Thomas Vien was serving as Deputy Speaker when he was appointed to the Senate, and became Speaker of the Senate shortly thereafter.

For questions about parliamentary procedure, contact the Table Research Branch

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