House of Commons Procedure and Practice
Edited by Robert Marleau and Camille Montpetit
2000 EditionMore information …
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[551] 
See, for example, Standing Committee on Foreign Affairs and International Trade, Minutes, December 9, 1997, Meeting No. 20.
[552] 
See, for example, Journals, December 11, 1997, p. 393.
[553] 
See Standing Orders 81(4), (5) and 97.1.
[554] 
Standing Order 141(5).
[555] 
See, for example, An Act to amend the Criminal Code (mental disorder) and to amend the National Defence Act and the Young Offenders Act in consequence thereof, S.C. 1991, c. 43, s. 36. The order of reference designating the committee to carry out the statutory review does not usually make explicit reference to the deadline. See, for example, Journals, February 4, 1997, p. 1044.
[556] 
See, for example, Debates, February 26, 1992, pp. 7620-4.
[557] 
See Speaker Parent’s ruling, Debates, November 24, 1994, pp. 8252-3.
[558] 
See, for example, Standing Committee on Foreign Affairs and International Trade, Minutes, November 24, 1998, Meeting No. 81. The motion instructing the Chair to report to the House may be combined with the motion adopting the report. See, for example, Standing Committee on Aboriginal Affairs and Northern Development, Minutes, May 4, 1999, Meeting No. 62.
[559] 
See, for example, Standing Committee on Aboriginal Affairs and Northern Development, Minutes, May 4, 1999, Meeting No. 62. In 1968, the failure to report exactly what a committee had adopted was found to be a prima facie case of privilege by Speaker Lamoureux. See Journals, December 10, 1968, p. 513; February 13, 1969, pp. 695-6.
[560] 
Standing Order 109. For further information, see section below, “Government Response”.
[561] 
See, for example, Standing Committee on Environment and Sustainable Development, Minutes, May 13, 1998, Meeting No. 52.
[562] 
See, for example, Journals, June 16, 1993, p. 3318. Committees have also translated reports into languages other than English and French for distribution to particular audiences. See, for example, Standing Committee on Aboriginal Affairs and Northern Development, Minutes, May 4, 1999, Meeting No. 62.
[563] 
Committees have reported concerning the revelation of in camera proceedings, and the failure of witnesses to appear or to produce papers required by the committee. See, for example, Journals, April 28-9, 1987, p. 791; May 13, 1987, p. 909.
[564] 
Copies of the Minutes of all meetings relating to the report are tabled in the House along with the report itself. See, for example, Journals, May 31, 1999, p. 1968.
[565] 
Speaker Parent pointed out in a 1994 ruling: “Regardless of how the media or members themselves may label such dissent, the House has never recognized or permitted the tabling of minority reports. Speaker Lamoureux twice condemned the idea of minority reports, explaining to the House that what is presented to the House from a committee is a report from the committee, not a report from the majority.” See Debates, November 24, 1994, p. 8252.
[566] 
Standing Order 108(1)(a). Prior to the addition of this provision to the Standing Orders in 1991, only the committee report could be presented in the House, and there was no provision for appending the opinions of those members who differed from the majority. See Journals, April 11, 1991, pp. 2905-32, in particular p. 2924. On occasion, the House did give consent for dissenting opinions to be presented. See, for example, Journals, June 16, 1993, p. 3318; Debates, June 16, 1993, p. 20921. Although the current wording of the Standing Order restricts its application to standing committees, Speaker Parent has ruled that, unless the House explicitly directs otherwise, the practice of allowing it to apply to special committees as well will be permitted to continue. See Debates, November 24, 1994, p. 8252.
[567] 
On November 16, 1994, Michel Gauthier (Roberval) raised a point of order respecting the receivability of the report of the Special Joint Committee Reviewing Canada’s Foreign Policy. The dissenting opinions to the report had been printed in a separate volume from the report itself, and therefore did not immediately follow the Chair’s signature. The Member argued that, in the absence of a decision by the Committee, there was no authority to print the report in that format. Speaker Parent ruled that the report’s format did not contravene the spirit of the Standing Order, but expressed the view that committees should, in future, “ensure by means of explicit and carefully worded motions in keeping with the terms of Standing Order 108(1)(a) that their members are perfectly clear as to the format in which these reports will be presented to the House”. See Debates, November 16, 1994, pp. 7859-62; November 24, 1994, pp. 28252-3.
[568] 
Dissenting opinions have been presented by committee Chairs and Parliamentary Secretaries. See, for example, the Seventh Report of the Standing Committee on Public Accounts, March 31, 1998, and the First Report of the Standing Committee on Fisheries and Oceans, March 23, 1998.
[569] 
Committees have negatived motions to append dissenting opinions. See, for example, Standing Committee on Procedure and House Affairs, Minutes, November 25, 1997, Meeting No. 7.
[570] 
See, for example, Standing Committee on Environment and Sustainable Development, Minutes, May 13, 1998, Meeting No. 52.
[571] 
Standing Orders 30(3) and 35. See Chapter 10, “The Daily Program”. If the report relates to the Main Estimates of a department or agency for which consideration has been extended at the request of the Leader of the Opposition, the House may, on the last day provided for the presentation of the report, interrupt its proceedings and revert to “Presenting Reports from Committees” for that purpose (Standing Order 81(4)(c)). The Centennial Flame Research Award Act, adopted in 1991, requires the annual tabling of the research paper prepared by the winner of the award for the previous year. While the report is tabled by the Chair of the committee responsible for administering the Act (currently, the Standing Committee on Human Resources Development and the Status of Persons with Disabilities), it is not considered as a report of the Committee. As the Standing Orders do not make provision for the tabling of documents by Members other than Ministers and the Speaker, the presentation of the annual report has varied. It has been presented both under “Tabling of Documents” and “Presenting Reports from Committees”, and it has also been filed with the Clerk pursuant to Standing Order 32(1). See S.C. 1991, c. 17, s. 7(1); Journals, June 14, 1993, p. 3204; December 13, 1994, p. 1043; April 23, 1997, pp. 1515-6; May 12, 1998, p. 775; June 10, 1999, p. 2090.
[572] 
See, for example, Standing Committee on Environment and Sustainable Development, Minutes, December 2, 1997, Meeting No. 23, and Journals, December 4, 1997, p. 332. Joint committees present their reports to both Houses. See, for example, Journals, June 7, 1999, p. 2060, and Journals of the Senate, June 3, 1999, p. 1669.
[573] 
Standing Order 35(1). See, for example, Debates, May 7, 1999, p. 14885. This rule resulted from a recommendation of the McGrath Committee that “there should be a better method of bringing (reports) to the attention of the House”. See Special Committee on the Reform of the House of Commons, Third Report, June 1985, p. 22.
[574] 
Standing Order 35(2). See, for example, Debates, May 14, 1992, pp. 10691-2.
[575] 
See, for example, Debates, December 1, 1997, pp. 2503-4; October 31, 1994, p. 7430.
[576] 
See, for example, Journals, June 30, 1987, p. 1298; June 18, 1991, p. 219; June 11, 1999, p. 2102. By permitting presentation in this manner, the House enables committees to make their reports public at completion without breaching the privileges of the House or its Members. The House has, on occasion, made specific provision for making public a report prior to its presentation in the House. See, for example, Journals, December 22, 1982, pp. 5495-6.
[577] 
See, for example, Speaker Parent’s rulings, Debates, November 26, 1998, pp. 10467-8, and December 3, 1998, p. 10866. In response to concerns arising from the leaking of committee reports, the Standing Committee on Procedure and House Affairs studied the issue of confidentiality with respect to in camera proceedings and confidential committee documents.In its Seventy-Third Report, the Committee recommended that committees exercise discretion in deciding to meet in camera. It also recommended that the reasons for such meetings should be made public, either on the notice of meeting or by the Chair in public session and that the Standing Orders be amended to reiterate that committee reports adopted at in camera meetings are confidential until presented in the House. See Journals, April 29, 1999, p. 1785.
[578] 
See, for example, Debates, September 29, 1994, p. 6314; April 19, 1996, p. 1711.
[579] 
See Speakers’ rulings, Journals, July 1, 1919, p. 498; March 31, 1969, pp. 873-4.
[580] 
See, for example, Journals, April 26, 1999, p. 1766.
[581] 
Standing Order 67(1)(b).
[582] 
Standing Order 81(9).
[583]
See Chapter 17, “Delegated Legislation”.
[584]
See Chapter 16, “The Legislative Process”, and Chapter 21, “Private Members’ Business”.
[585] 
See, for example, Journals, June 1, 1999, p. 2032.
[586] 
Standing Orders 92(2) and 113(1).
[587] 
Recommendations not clearly in the form of motions may require further action in order to be implemented. See Speaker Parent’s ruling, Debates, November 5, 1998, p. 9923.
[588] 
See Speaker Lamoureux’s rulings, Journals, March 31, 1969, pp. 873-4; April 10, 1973, pp. 257-8.
[589] 
See Speaker Bosley’s ruling, Debates, December 13, 1985, p. 9476.
[590] 
See, for example, Journals, March 18, 1987, p. 610. Following Confederation, amendments to the text of committee reports were occasionally permitted in the House. See, for example, Journals, June 21, 1869, p. 304; March 26, 1884, p. 285. In 1919, Speaker Rhodes ruled that it was not in order for the House to amend the report itself. See Journals, May 22, 1919, pp. 293-4. Further details on the recommital of bills are given in Chapter 16, “The Legislative Process”.
[591] 
Standing Order 109. This provision was added to the Standing Orders following a recommendation in the Third Report of the Lefebvre Committee. See Special Committee on Standing Orders and Procedure, Minutes of Proceedings and Evidence, November 4, 1982, Issue No. 7, pp. 21, 29; Journals, November 29, 1982, p. 5400.
[592] 
See Debates, May 13, 1986, p. 13232.
[593] 
See, for example, Debates, April 21, 1986, p. 12480; June 29, 1987, pp. 7749-50; September 24, 1987, pp. 9266-8.
[594] 
Standing Order 32(1). See, for example, Journals, March 26, 1998, p. 636; October 5, 1998, p. 118.
[595] 
See, for example, Journals, September 24, 1990, p. 1976; September 21, 1998, p. 1054. For further information on the tabling of documents, see Chapter 10, “The Daily Program”.
[596] 
See Debates, June 27, 1986, p. 14969. See also Standing Order 49. However, the request lapses on dissolution of a Parliament. Committees have renewed a request for a government response by presenting a report to that effect in the subsequent Parliament. See, for example, Journals, November 27, 1997, p. 275.
[597] 
See, for example, Debates, September 10, 1992, p. 12977.


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