House of Commons Procedure and Practice
Edited by Robert Marleau and Camille Montpetit
2000 EditionMore information …

4. The House of Commons and Its Members

We use the words “House of Commons” very often without pausing to reflect upon what those words mean… . The word “Commons” means the people. This is the house of the people. Sitting on both sides of this house and on both sides of the Speaker are representatives of every constituency of Canada. Collectively, those of us who meet in this chamber represent all Canadians. That is our responsibility; that is our duty.

The Hon. George Drew, Leader of the Opposition
(Debates, June 4, 1956, p. 4644)

T

he House of Commons is the elected assembly of the Parliament of Canada. Its 301 Members are elected by popular vote at least once every five years to sit in the House of Commons. For that purpose, the country is divided into electoral districts, also known as ridings or constituencies, and each is entitled to one seat in the House of Commons. The composition of the House has grown considerably since 1867 when 181 Members sat in the House for the very first time.

The Canadian electoral system is known as the single-member, simple-plurality voting system, or “first past the post” system. [1]  In this system, Canadian citizens 18 years of age or older are eligible to vote. Elections at the federal level are simultaneous and nation-wide. Voting is by secret ballot and a voter may cast only one vote and vote for only one person on the ballot. To be elected, the candidate who gains the most votes wins, even if he or she has received fewer than half of the votes. [2] 

The electoral process, rules regarding membership, and the number and distribution of seats are governed by various acts of Parliament. The main body of Canadian election law is found in the Canada Elections Act, which sets down the conditions in which parties and candidates engage in the election process and ensures the free expression of political choice by electors. Other statutes such as the Criminal Code and the Dominion Controverted Elections Act also contain provisions governing the electoral process. The Representation Act and the Electoral Boundaries Readjustment Act establish the processes for determining the number of Members each province is entitled to and the boundaries of each electoral district. The Constitution Act, 1867 and the Parliament of Canada Act include provisions governing membership in the House and the various responsibilities and obligations of Members. The Standing Orders of the House of Commons and the By-laws of the Board of Internal Economy also set down rules and regulations affecting the conduct and responsibilities of Members of the House of Commons. These matters are discussed in detail in this chapter.

Composition of the House

Canada is divided into 301 electoral districts, each of which sends one Member to the House of Commons. [3]  An electoral district can be defined as any place or territorial area in Canada entitled to return a person to serve in the House of Commons. The boundaries of an electoral district are determined by an electoral boundaries commission following each decennial census when the number of seats to be apportioned among the provinces is decided. These districts or constituencies are grouped by province and territory, and the population serves as the main basis for assigning the seat total to each.

The composition of the House has expanded greatly since 1867. At the time of Confederation, representation was based on Quebec having the same number of seats that it had in the Legislature of the Province of Canada, with the other provinces being granted representation in proportion to that number. At the opening of the First Parliament, 181 Members sat in the House of Commons, representing the following provinces: 82 for Ontario, 65 for Quebec, 19 for Nova Scotia, and 15 for New Brunswick. [4] 

Soon after, new provinces began to seek admittance to Confederation; representation in Parliament was considered negotiable and often did not reflect representation by population. [5]  When Manitoba joined Canada in 1870, four Members were added to the membership of the House. [6]  British Columbia and Prince Edward Island each got six Members upon joining Confederation in 1871 and in 1873 respectively. [7]  In 1886, the Northwest Territories received four seats and in 1902, the Yukon Territory was granted one seat. [8]  When Saskatchewan and Alberta were established out of the Northwest Territories in 1905, they were allotted 10 and seven Members respectively. [9]  The Northwest Territories no longer had a seat in the House. Newfoundland joined Confederation in 1949 and was granted seven seats. [10]  In 1952, the Mackenzie district of the Northwest Territories was granted one seat and, in 1962, the Representation Act was amended to give the entire Northwest Territories one seat. [11]  In 1975, the number of seats in the Northwest Territories grew to two. On April 1, 1999, the Nunavut Territory was established out of the eastern portion of the Northwest Territories and was given one of the two seats. [12] 

Today, there are 301 Members from 10 provinces and three territories: 34 for British Columbia, 26 for Alberta, 14 forSaskatchewan, 14 for Manitoba, 103 for Ontario, 75 for Quebec, 10 for New Brunswick, 11 for Nova Scotia, four for Prince Edward Island, seven for Newfoundland, and one each for the Yukon Territory, the Northwest Territories, and Nunavut. (See Figure 4.1 for changes in representation from 1867 to the present.)

Figure 4.1 – Representation Since 1867
Table image depicting the changes in the number of seats in the House of Commons from 1867 to 1999. Each row corresponds to a different year and follows across the page showing the number of seats in Canada, Ontario, Quebec, Nova Scotia, New Brunswick, Manitoba, British Columbia, Prince Edward Island, Saskatchewan, Alberta, Newfoundland, Northwest Territories, the Yukon Territory and Nunavut.

Representation

The Fathers of Confederation adopted the principle of representation by population. Each province was allotted a number of seats on the basis of its share of the total population in relation to that in the province of Quebec, which had been guaranteed 65 seats, the same number it had in the Province of Canada legislature. [13]  On the basis of this principle, a formula was derived to calculate the number of seats each province would be allocated in the House of Commons. The Constitution Act, 1867 stipulated that in order for the population of each province to be accurately represented in the House of Commons, the number of seats for each province was to be recalculated after each decennial census, starting with the census of 1871. [14]  The total number of seats was to be calculated by dividing the population of each province by a fixed number referred to as the “electoral quota” or “quotient”. This quotient was determined by dividing the population of the province of Quebec by 65. There was one exception to this formula, the one-twentieth rule as it was known, whereby no province could lose seats unless its share of the national population had decreased by at least 5% (one-twentieth) between the last two censuses.

Because of the growing population of the country, the one-twentieth clause caused no problems for the first 25 years of Confederation. In 1872, representation in the House increased after the decennial census of 1871: Ontario received six additional Members, Nova Scotia two, and New Brunswick one. With the readjustment of representation in 1882, Ontario received four extra seats and Manitoba one, bringing the total to 211 Members. However, in 1892, the three Maritime provinces lost four seats in total, causing some concern, particularly in Prince Edward Island. Although the population was growing in the Maritime provinces, it was becoming relatively smaller in proportion to the national total. In 1903, the readjustment of representation saw the number of seats in Prince Edward Island reduced. In arguments before the Supreme Court, Prince Edward Island claimed that it should be entitled to the six seats it was allocated when it joined Confederation. The Supreme Court subsequently upheld that representation must be based on the total population of Canada and that no exception could be made for Prince Edward Island. [15] 

Despite the Supreme Court ruling, there was dissension among some of the provinces whose population was declining. A constitutional amendment was proposed in 1914 and adopted the following year. Still in effect today, the “senatorial clause”, as it is referred to, guarantees that no province can have fewer seats in the House of Commons than it has in the Senate and was added to the Constitution to protect the smallest provinces from losing any more seats because of a declining population. [16] 

Following the census of 1941, a constitutional amendment was adopted to postpone the redistribution process until the first session of Parliament after the end of the war. [17]  This constitutional amendment came about because the Western provinces were concerned that the dislocation of population caused by the war would affect their representation. There was also widespread dissatisfaction among the provinces with the rules for redistribution, which would have seen four of the nine provinces being allocated representation in accordance with their population; the other five provinces would have been guaranteed extra seats either because of the senatorial clause or the one-twentieth formula. [18]  The demand for representation by population, in particular by Quebec, led to the repeal of the one-twentieth clause in 1946. [19]  The total number of seats was fixed at 255, one for the Yukon and the other 254 divided among the provinces on the basis of their share of the country’s total population, rather than on the average population per electoral district in Quebec. [20]

However, under this new formula, it was soon discovered that with provincial populations not increasing at the same rate, representation in some provinces declined. With Nova Scotia, Manitoba and Saskatchewan all scheduled to lose seats after the 1951 census, the Constitution Act, 1867 was amended again to prevent a rapid decline in the number of seats of some provinces. [21]  In this instance, the amendment stipulated that no province could lose more than 15% of the number of seats it was entitled to under the last readjustment, nor could a province have fewer seats than a province with a smaller population. Nonetheless, after the 1961 census, these same three provinces as well as Quebec lost seats, and following the 1971 census, Newfoundland was added to the list of provinces scheduled to lose seats.

In 1974, legislation was introduced to remedy this problem. A new formula, the amalgam formula, was proposed in the Representation Act, 1974 to ensure that no province lost any seats. [22]  As in the original representation formula, Quebec was allocated a set number of seats, 75, and its average constituency population was used to calculate the number of seats in the other provinces. In each subsequent readjustment, there would be an automatic increase of four seats for Quebec to compensate for population growth and decrease the average constituency population in Quebec, the basis on which the allocation of seats among the other provinces would be calculated. In addition, three categories of provinces were created: large provinces (population of 2.5 million or more); intermediate provinces (population between 1.5 and 2.5 million); and small provinces (population under 1.5 million). Only the large provinces would be allocated seats in strict proportion to Quebec; separate rules for calculating the number of seats were established for the small and intermediate provinces. [23]  The amalgam formula was applied only once, in 1976, establishing 282 seats in the House.

Following the 1981 census, calculations revealed that there would be substantial increases in the representation in the House both immediately and after subsequent censuses. Indeed, it was projected that, by the year 2001, there would be 396 Members in the House. The Standing Committee on Privileges and Elections was mandated to study the issue of representation in both the Thirty-Second (1980-84) and Thirty-Third (1984-88) Parliaments [24] , and new representation legislation was passed in 1986. The Representation Act, 1985 [25]  set down a new formula for calculating representation, starting with 282 seats, the number of Members resulting from the previous distribution (see Figure 4.2):

  1. One seat each is allocated to the Northwest Territories, Nunavut [26]  and the Yukon.
  2. The total population of the 10 provinces is divided by 279 to obtain the electoral quotient.
  3. The number of seats to be allocated to each province is calculated by dividing the total population of the province by the electoral quotient. If the result leaves a remainder higher than 0.50, the number of seats is rounded off to the next whole number.
  4. Once the number of seats per province is obtained, adjustments are made by applying the senatorial and grandfather clauses. The senatorial clause guarantees that no province has fewer Members than it has Senators, while the grandfather clause ensures that no province has fewer seats than it had in 1986 when this legislation came into force. [27] 
Figure 4.2 – Calculating Representation in the House of Commons
Image showing the formula used to calculate the number of House of Commons seats allotted to a province. Step One: the number of seats in the territories are deducted from the total number of seats. Step Two: the total population of the provinces is divided by the remaining number of seats to establish an “electoral quotient”. Step Three: the population of a province is then divided by the electoral quotient to determine how many seats will be allocated to the province.

As a result of this new formula, the House grew to 295 seats after the 1988 federal election and to 301 seats following the 1997 election.

Readjustment of Boundaries

While Section 51 of the Constitution Act, 1867, sets out the formula for the allocation of seats in the House of Commons among the provinces after each decennial census, the Electoral Boundaries Readjustment Act provides for the drawing of the constituency or electoral district boundaries within each province. The boundaries of electoral districts need to be adjusted whenever a province’s representation changes or when there have been significant population fluctuations within a province, such as movement from rural to urban areas. The readjustment of boundaries is a federal matter controlled by Parliament.

In the early years of Confederation, the government would introduce a bill describing the boundaries of each electoral district and then have the bill adopted like any other piece of legislation. This was subject to criticism as being a highly biased task focussed on maximizing the governing party’s electoral successes, often referred to as “gerrymandering”. [28]  In 1903, this legislative process was altered by Sir Wilfrid Laurier when the readjustment of constituency boundaries was placed in the hands of a special committee of the House of Commons on which Members from all parties were represented. [29]  Each time a redistribution was to occur, as provided for by the Constitution Act, 1867 and the latest census, the government brought in a bill which would not contain any details on individual ridings. After the bill was read a second time, it would be referred to a special committee instructed to “prepare schedules to contain and describe the several electoral divisions entitled to return Members to this House”. [30]  This process remained highly partisan and was lacking guidelines to instruct Members on how to base their decisions. [31]  This system remained in place until 1964 when non-partisan electoral boundaries commissions were established to draw and readjust the boundaries of electoral constituencies.

Even before Confederation, suggestions had been made to place the drawing of electoral boundaries into the hands of an impartial body, and not with Members. [32]  This continued to be a concern after Confederation and, on a number of occasions, it was recommended that the process be moved away from Members into the hands of judges. [33]  In 1963, the decision was taken to assign the drawing of electoral boundaries to non-partisan commissions operating under specified general principles and, in 1964, the Electoral Boundaries Readjustment Act as passed. [34]  Today, there is an electoral boundaries commission appointed for each province. No commission is appointed for the Yukon Territory, the Northwest Territories or Nunavut. Each commission consists of a chairman, normally a provincial court judge, who is appointed by the chief justice of the province, [35]  and two other individuals appointed by the Speaker of the House of Commons “from among such persons resident in that province as the Speaker deems suitable”. [36]  No sitting member of the Senate or of the House of Commons or of a provincial or territorial legislature can be appointed to a commission. [37] 

As soon as possible after the completion of each decennial census, the Chief Statistician provides the Chief Electoral Officer, an officer of Parliament who is responsible for the administration of federal elections, with the population figures. [38] The Chief Electoral Officer then calculates the total number of House of Commons seats and their distribution among the provinces and territories. [39]  This information is published in the Canada Gazette [40] and then the process begins to appoint the chairman and members of each commission. When the electoral boundaries commissions have been established, the Chief Electoral Officer provides the chairman of each electoral boundaries commission with the population figures. The commission has up to one year from that date to recommend constituency boundaries. [41] 

Each commission is required to draw constituency boundaries in such a way that the population of each constituency is as close as possible to the quotient obtained by dividing the provincial population by the number of seats allocated to the province. No constituency is permitted to have a population smaller than 75% of this figure or greater than 125%, although in extraordinary circumstances a commission may exceed this limit. Commissions may vary the size of constituencies within this range on the basis of special geographic considerations, such as density of population in various regions of the province, and the accessibility, size and shape of such regions. Because accessibility, transportation and communications are often seen as obstacles both to effective representation and to ease of campaigning, electoral boundaries commissions generally draw boundaries so that there are fewer voters in rural constituencies than in urban constituencies. Variations may also occur on the basis of a special community of interest or the historical background of a particular district. [42] 

Before writing its report, each commission publishes in the Canada Gazette, as well as in newspapers in the province, a map or drawing showing the proposed electoral boundaries for the province and invites electors and Members of Parliament to public meetings held in locations that will encourage the attendance of as many interested people as possible. The commission’s proposals must be published at least 60 days before the date of the first hearing. Interested persons wishing to make a representation must submit their notice in writing to the commission within 53 days after the date of publication of the commission’s advertisement. [43] 

Following the hearings, each commission reviews its proposals, prepares a report and forwards it to the Chief Electoral Officer before the end of its one-year mandate, unless the Chief Electoral Officer has granted an extension of not more than six months. [44]  The Chief Electoral Officer transmits a copy of each report to the Speaker of the House of Commons who tables them in the House and ensures that they are referred to a committee designated to deal with electoral matters. [45]  If reports are received between sessions, the Speaker of the House will have the reports published in the Canada Gazette, and a copy of that Canada Gazette will be sent to the Members representing the electoral districts inthat province. [46] 

Members of Parliament have 30 days following the tabling or publication to file objections in writing with the clerk of the committee designated to deal with electoral matters. Members must specify the provisions objected to in the reports and the reason for the objection. These representations are made in the form of a motion signed by at least 10 Members. [47]  Following the filing deadline, the committee has 30 sitting days to review the Members’ representations, [48]  unless the committee asks the House for an extension. [49]  At the conclusion of its consideration of the reports and the objections thereto, the committee returns the reports to the House along with a copy of the objections and its minutes of proceedings. The reports and attached documents are then sent by the Speaker to the Chief Electoral Officer for distribution to the various electoral boundaries commissions. [50]  No discussion of the reports or the objections thereto takes place in the House. [51] 

The commissions must consider the objections but they are not compelled to make any changes as a result of the objections. Each commission then submits a final report, with or without amendment, to the Chief Electoral Officer who forwards it to the Speaker of the House. [52]  Tabled in the House by the Speaker, [53]  the commission’s decision is final and without appeal.

After each commission has submitted its final report, the Chief Electoral Officer prepares a draft representation order. The draft representation order specifies the number of Members to be elected in each province and territory, divides each province and territory into electoral districts, describes the boundaries of each district and specifies the population of and the name to be given to each district. [54]  Within five days after its receipt by the Minister designated by the Governor in Council as being responsible for implementing the Electoral Boundaries Readjustment Act, the draft representation order must be proclaimed by the Governor in Council. [55]  The new boundaries cannot be used at the time of an election unless one year has passed between the date the representation order was proclaimed and the date that Parliament is dissolved for a general election. [56] 

The Electoral Boundaries Readjustment Act also requires the Chief Electoral Officer to publish maps showing the new electoral district boundaries resulting from the readjustment process. [57] 

Suspension of the Readjustment Process

In each decade since the 1960s, Parliament has adopted legislation either to suspend or to amend the redistribution process for one reason or another. After both the 1971 and 1981 censuses, the readjustment process was suspended to permit amendments to Section 51 of the Constitution Act, 1867,setting out the formula for representation in the House and to make some changes to the readjustment process itself. [58]  The redistribution process has been suspended twice since the 1991 census.

In 1992, Parliament agreed that in light of the proposed changes to the Canada Elections Act made by the Royal Commission on Electoral Reform and Party Financing, as well as the probability that the readjustment process could not be completed before the next federal election, the Act should be suspended. [59]  In 1994, the government believed that it was time for a full review of the Act, given the dissatisfaction being expressed by Members about certain aspects of the process and the continual increase in the number of seats in the House after each census. [60]  The readjustment process was subsequently suspended by the Electoral Boundaries Readjustment Suspension Act, 1994, which provided for the suspension of the readjustment process until the earlier of the enactment of new electoral boundaries readjustment legislation or June 22, 1995. It also temporarily discharged the existing electoral boundaries commissions of their duties once their reports to the House of Commons on electoral districts had been completed. [61]  In the interim, the Standing Committee on Procedure and House Affairs was instructed to draft a bill respecting the system of readjustin electoral boundaries. [62]  The Committee was also asked to consider a formula to cap or reduce the number of seats in the House and to review the method of appointing members for electoral boundaries commissions, the rules surrounding their powers and methods of proceeding, and the involvement of the public and the House of Commons in the work of the commissions.

On November 25, 1994, the Standing Committee on Procedure and House Affairs presented its report which included draft legislation to repeal the existing statute and to abolish the electoral boundaries commissions. [63]  While the Committee did not recommend a change in the manner of assigning seats among the provinces after each decennial census nor a formula for capping the number of seats in the House, it did propose a new method of drawing electoral boundaries. As a result, Bill C-69, Electoral Boundaries Readjustment Act, 1995, was introduced by the government on February 16, 1995. [64]  The objective of the bill was to stop the redistribution plans and to start the process all over again, allowing the next election to be held on the basis of the 1981 boundaries. The bill would have also brought about a redistribution every five years in provinces where the shift in population warranted it, a new triggering mechanism for holding a decennial redistribution which would have eliminated an unnecessary redistribution in provinces without a significant change in population, and parliamentary oversight of appointments to electoral boundaries commissions. However, amendments subsequently proposed to the bill by the Senate and rejected by the House prevented the bill from being passed. [65]  Since new electoral boundaries readjustment legislation had not been passed by the stipulated June 22, 1995 deadline, the Speaker tabled the reports of all the electoral boundaries commissions in the House as required and the electoral boundaries were adjusted accordingly. [66]  The general election of 1997 was held on the basis of the post-1991 redistribution and revision of boundaries.

Naming of Constituencies

At the time of Confederation, the electoral districts for each province were established in the Constitution Act, 1867[67]  The electoral districts existing at that time were named after counties, cities, parts of cities, and towns in each province. From 1872 to 1964, the names of the ridings were provided in legislation to enact seat redistributions and to fix electoral boundaries.

Since 1964 and the adoption of the modern process for drawing electoral boundaries, the names of electoral districts are decided by the electoral boundaries commissions and included in their reports. The names are set down in the representation orders giving legal effect to those reports. The alteration to the name of an electoral district after the publication of the representation order can be effected by the passage of a private Member’s bill. A Member usually introduces legislation to change the name of the electoral district in response to concerns expressed by constituents that the name does not accurately describe the boundaries of the riding. [68]  Such a bill is typically entitled “An Act to change the name of the electoral district of (electoral district)”. Once the bill is before the House for second reading, it is dealt with quickly, typically being read a second time, considered in a Committee of the Whole, reported without amendment, concurred in at the report stage, read a third time and adopted in the same sitting by unanimous consent. [69] 

Rules of Membership for the House

With few exceptions, anyone who is qualified to vote can run for a seat in the House of Commons. The qualifications and disqualifications for candidacy in a federal election are set down in the Canada Elections Act[70]  the Parliament of Canada Act [71]  and the Constitution Act, 1982[72] 

As stated in the Charter of Rights and Freedoms, “every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”. [73]  Thus, any Canadian citizen at least 18 years of age on polling day, who is qualified as an elector, is eligible to be a candidate in an election. [74]  A candidate must have established residency somewhere in Canada but not necessarily in the constituency where he or she is seeking election. [75] A candidate may seek election in only one electoral district. [76] 

Historical Perspective

The qualifications for candidacy for persons seeking election to the House of Commons have been revised on numerous occasions and have always been closely linked with the right to vote. During periods when groups of citizens were disenfranchised, they were also disqualified from seeking election. [77]  In 1867, the Constitution Act stated that all laws in force in the provinces respecting qualifications and disqualifications of persons seeking election to provincial legislatures would apply to the election of Members to the House of Commons until the Parliament of Canada enacted its own legislation. [78]  Although the Constitution Act, 1867 did stipulate (as did the provincial laws) that candidates had to be male, British subjects, 21 years of age and property owners, [79]  the qualification provisions in each province were not necessarily the same and there was no uniformity of qualifications for the first Members returned to the House. Indeed, candidates did not have to reside in the country. For more than one session in the First Parliament, some Members sat not only in the House of Commons, but also in the legislative assemblies of Ontario and Quebec. [80]  In 1873, a private Member successfully sponsored a bill to make the practice of dual representation illegal. [81]  In 1874, Parliament passed its own legislation providing for the election of Members. The Dominion Election Act abolished the property qualification for candidates and declared that any British-born or naturalized male subject of Great Britain, Ireland, or Canada or one of its provinces was eligible for candidacy in an election. [82]  In 1919, women received the franchise and the right to be candidates in an election. [83]  In 1948, the election laws were amended to ensure that candidates were Canadian residents and qualified electors; amendments also eliminated disqualification from voting on the basis of race (status Indians excepted), which in turn opened up candidacy to people of Oriental origin, in particular to Japanese-Canadians. [84]  In 1955, revisions to the Act gave the franchise to various religious groups, in particular to Doukobours, who had previously been disenfranchised. [85]  Aboriginal persons received the right to vote and seek election in 1960. [86]  In 1970, the voting age was lowered to 18 and, as an extension, so was the age requirement for candidacy. [87] 

Disqualifications

The Canada Elections Act sets out a series of disqualifications that apply to electoral candidacy. Inmates of penal institutions serving sentences of two or more years are disqualified from seeking election. [88]  Until 1993, patients suffering from mental disease were ineligible to be candidates during the period of confinement or while under the protection and supervision of a guardian. [89]  Certain officials such as sheriffs, clerks of the peace, or county or judicial district crown attorneys may not seek election. [90]  Similarly, federally appointed judges (citizenship judges excepted) and election officials are disqualified from voting and seeking election. [91]  Members of provincial legislatures and territorial councils are also ineligible to run in federal elections. [92]  An appointment to the Senate disqualifies a person from being a Member; no violation of this has occurred, although Senators have resigned their seats on occasion to seek election to the House. [93] 

A person found guilty of any corrupt electoral practice under the Canada Elections Act within the previous five years, such as knowingly making a false declaration respecting election expenses, exerting undue influence upon a voter at an election, or inducing voters by promises of valuable consideration, food or drink, is disqualified from seeking election for seven years following the date of the conviction. [94]  A person guilty of any illegal electoral practice under the Canada Elections Act, such as wilfully exceeding the legal spending limit, failing to submit a return respecting election expenses, or consenting to be a candidate when ineligible, is disqualified from seeking election for five years from the date of conviction. [95] 

Independence of Parliament

As noted by Professor Norman Ward, “It is an ideal of democratic government that representation should be independent of undesirable forces that might bias their judgement on public matters. In particular, they should be free of the executive, at least insofar as direct pecuniary benefit is concerned.” [96]  In order to preserve its independence, the Parliament of Canada re-enacted 1857 legislation from the Province of Canada which disqualified from eligibility as a Member of the Assembly or from sitting or voting, any person who had accepted or held “any office, commission or employment in the service of the Government of Canada at the nomination of the Crown, to which an annual salary or any fee, allowance, or emolument in lieu of an annual salary from the Crown [was] attached.” [97]  This disqualified Members appointed to the Cabinet: Cabinet Ministers had to resign their seats and seek re-election in order to obtain the approval of the electors in their constituencies. Also disqualified from eligibility were government contractors and officers of the navy and militia. In 1878, the Act was amended to exempt from disqualification Members already holding a ministerial position and to further disqualify sheriffs, registrars of deeds, clerks of the peace, and county Crown attorneys. [98]  In 1931, an amendment to the Senate and House of Commons Act freed Ministers appointed after an election from the necessity of vacating their seats and seeking re-election. [99] 

In 1992, the Royal Commission on Electoral Reform and Party Financing, also known as the Lortie Commission, recommended the removal of the office of profit or emolument disqualification from the Canada Elections Act[100]  arguing that public officers and employees had the right to a leave of absence to seek a nomination and contest an election. [101]  Once elected to the House of Commons, the individual’s employment with the Crown would then be deemed terminated in order to avoid any conflict of interest issues. In regard to the eligibility of a candidate holding a government contract, the Lortie Commission recommended the removal of this disqualification, reasoning that, if elected, the Member would then have to bring the contractual relationship in line with the rules governing the conduct of Members. In 1993, these recommendations were included in legislation introduced, and subsequently passed, to amend the Canada Elections Act[102] 

However, pursuant to the Parliament of Canada Act, any person holding an office of emolument or profit and any person holding government contractsare still ineligible to be a Member of the House and to sit and to vote therein. [103] 

Chief Electoral Officer

The Chief Electoral Officer is an officer of Parliament, appointed by resolution of the House of Commons, responsible for the administration of federal elections and referendums, and the registration of political parties and electors. This officer also provides support to the independent electoral boundaries commissions which carry out the periodic readjustment of electoral boundaries. The Chief Electoral Officer heads Elections Canada, an independent, non-partisan agency responsible, among other things, for the conduct of federal elections and referendums.

The position of Chief Electoral Officer was created in 1920 with the adoption of the Dominion Elections Act[104]  The post was created largely to prevent political partisanship in the administration of elections. (Prior to 1920, election officials were appointed by the government of the day.) The first incumbent of the position was specifically named in the Act: Oliver Mowat Biggar held the position of Chief Electoral Officer until 1927. [105]  In 1927, when Mr. Biggar announced his intention to vacate the office, the law was amended to remove any reference to a specific office holder and to establish that the Chief Electoral Officer would be appointed by resolution of the House rather than by the government of the day. [106]  Since that time, the position has been independent of the government and political parties, with the incumbent reporting directly to the House of Commons. The Chief Electoral Officer communicates with the Governor in Council through a member of the Queen’s Privy Council designated by the Governor in Council for that purpose. [107] 

There have been five incumbents of this office. [108] With the exception of Mr. Biggar who was appointed by the government, all the incumbents have been chosen by way of a resolution of the House after consultations among the various parties in the House. [109]  A motion setting out the appointment was moved by the Prime Minister in 1927 and 1949, after written notice appeared on the Order Paper[110]  A motion was moved by unanimous consent on behalf of the Prime Minister in 1966 [111]  and by the Minister of Justice and Attorney General in 1990. [112]  In all four cases, the motion was debated only briefly and agreed to by all parties.

The Chief Electoral Officer’s appointment is without term. He or she serves until the age of 65, unless he or she retires or is removed for cause by the Governor General, following a joint address of the House of Commons and Senate. [113] 

Responsibilities

The Chief Electoral Officer has the rank and power of a deputy minister. [114]  While the original focus of the job was the general direction and supervision of federal elections, today the Chief Electoral Officer also administers federal referendums, provides support to commissions established to study the readjustment of electoral boundaries, monitors election spending by candidates and political parties, examines and discloses their financial reports and reimburses their expenses, and is responsible for the registration of political parties and the establishment and maintenance of an automated register of Canadians who are qualified electors. [115]  In addition, the Chief Electoral Officer oversees the work of the Commissioner of Canada Elections who ensures that all provisions of the Canada Elections Act and Referendum Act are complied with and enforced, [116]  as well as that of the Broadcasting Arbitrator who allocates paid and free broadcasting time for political parties during a general election and for referendum committees during a referendum. [117] 

The Chief Electoral Officer chairs an advisory committee composed of representatives of registered political parties and Elections Canada officials. The advisory committee is a forum for sharing information, fostering good working relationships and resolving administrative issues that do not require legislative change but that may have an impact on parties and candidates.

Responsibilities at Time of a General Election or a By-election

The Chief Electoral Officer supervises and directs the conduct of federal elections and by-elections when vacancies occur in the House. As soon as the election date is known, the Chief Electoral Officer issues a writ of election to each returning officer who is ultimately responsible for conducting the election within the electoral district. [118]  The Chief Electoral Officer directs each returning officer to hire staff and prepare for an election.

Following polling day, each time the Chief Electoral Officer receives a writ of election of a Member from a returning officer, he or she enters it in a book kept for that purpose and immediately gives notice of the name of the candidate elected in either an ordinary or special issue of the Canada Gazette[119] 

Within 60 days of the date set for the return of the writs, the Chief Electoral Officer prepares a narrative report to Parliament containing information on the conduct of the election and recommendations for improvements to the electoral system. [120]  The report is submitted to the Speaker of the House who tables it in the House. [121]  It is then referred permanently to the Standing Committee on Procedure and House Affairs. [122]  The Chief Electoral Officer prepares a similar report within 60 days of the date set for the return of the writ for any by-election. [123] 

After each general election, the Chief Electoral Officer also prepares and publishes a report of official voting results. This report contains, poll by poll, the number of votes cast for each candidate, the number of rejected ballots and the number of names on the final list of electors together with any other relevant information. [124]  A similar report is prepared for any by-elections held during the year. [125] 

When an automatic recount occurs, a candidate may apply to the Chief Electoral Officer for reimbursement of any costs incurred as a result of the recount. The Chief Electoral Officer determines the amount of the costs actually incurred by the candidate and submits a certificate showing the amount of the costs to the Receiver General who reimburses the candidate out of the Consolidated Revenue Fund. [126] 

Relationship with Members

The Chief Electoral Officer provides advice and assistance to the Standing Committee on Procedure and House Affairs which is responsible for reviewing and reporting on matters relating to the election of Members. [127]  The Chief Electoral Officer and his staff provide the Committee with research material and, at the Committee’s request, assist in the drafting of amendments to the Canada Elections Act [128]  and the Electoral Boundaries Readjustment Act[129]  The Chief Electoral Officer also appears before the Committee at its invitation to discuss the Main Estimates of Elections Canada [130]  and the reports on general elections. [131] 

The Writ of Election

A writ is a formal written order instructing the returning officer in each electoral district to hold an election to elect a Member of Parliament. The writ specifies the day by which the names of candidates must be entered into nomination, and sets a polling date and a date on which the writ, with the name of the successful candidate noted on the back, is to be returned to the Chief Electoral Officer. (See Figure 4.3.) The returning officer is responsible for the conduct of an election within an electoral district. One returning officer is appointed by the Governor in Council for each electoral district. The returning officer receives instructions from the Chief Electoral Officer and holds office as long as he or she meets the requirements of residency within the electoral district, competency and non-partisanship, or until the electoral boundaries for the riding are changed.

The election process has evolved considerably since 1867. In 1867 and in 1872, polling days were held on different days in different locations over several weeks, so that the government could control the timing of elections in each region. [132]  For example, in 1867, elections were held on different dates in different ridings over a period of six weeks; during the next election in 1872 the process lasted three months. [133]  In 1874, Parliament passed a law stipulating that votes had to be cast on the same day in all electoral districts. [134]  Since 1929, polling day is always on Monday, unless that day is a statutory holiday, in which case the election is held the next day. [135]  In 1996, amendments to the Canada Elections Act rectified the long-standing grievance of western voters who heard election results from eastern and central Canada while the polls in the west were still open. The hours for voting are now staggered across Canada’s six time zones with polling stations open 12 hours in each region. [136] 

Figure 4.3 – The Writ of Election
Image of the text of a Writ of Election
Source: Canada Elections Act, c. E-2.

Issue of Writ for General Election

The Prime Minister begins the process of calling a general election by presenting the Governor General with an Instrument of Advice recommending that the House of Commons be dissolved. The Governor General then issues a proclamation dissolving Parliament. [137]  Subsequently, the Prime Minister presents an Order in Council addressed to the Chief Electoral Officer requesting the issuance of writs of election, and the Governor General issues a Proclamation for the issuance of writs of election. [138] 

After having been notified by the Prime Minister that an election has been called, the Chief Electoral Officer sends a writ of election to each returning officer. [139]  The writs cannot be issued or dated later than the 36th day before polling day, making the minimum length of a federal election campaign 36 days. [140]  After the returning officer receives the writ, he or she prepares a public proclamation notifying the electors of the important dates and other details related to the election, such as the date by which nomination papers must be filed and the time and date for the official addition of the votes. [141]  (See Figure 4.4.)

Figure 4.4 – Public Proclamation Issued by Returning Officer
Image of the text of a Public Proclamation Issued by Returning Officer before an election polling day.
Source: Canada Elections Act, c. E-2.

No later than 2:00 p.m. on nomination day, which is Monday, the 21st day before polling day, [142]  each candidate must file with the returning officer several documents, including the nomination paper, a declaration signed by the candidate stating that he or she accepts the nomination, a declaration of acceptance signed by the candidate’s official agent and a statement of acceptance signed by the candidate’s auditor. A $1,000 deposit is also required to ensure the candidate’s intention to stand as an official candidate. [143]  Candidates who change their mind have until 5:00 p.m. on nomination day to withdraw. [144] 

Where only one candidate has been officially nominated for an electoral district, the returning officer immediately returns the writ of election to the Chief Electoral Officer stating that the candidate is duly elected for that electoral district. [145] 

Before polling day, each returning officer issues a proclamation stating, among other things, the time and date for the official addition of the votes. [146]  That date must not be later than seven days following the polling date. [147]  Normally, no later than six days following the date set for the official addition, the returning officer is required to complete the form on the back of the writ, declaring a candidate elected. [148]  The returning officer returns the writ of election, along with a post-election report and other documentation, to the Chief Electoral Officer. [149] 

A judicial recount of the ballots is automatically requested by the returning officer if there is an equality of votes between two or more candidates with the highest number of votes, or if the winning candidate is separated from any other candidate by less than one one-thousandth of the total votes cast. [150]  A recount may also take place when, within four days of the official addition, someone who witnessed that addition applies to a judge claiming that there were irregularities in the addition of the ballots. [151]  The judicial recount is conducted by a judge and must take place no later than four days after the application has been received by the judge. [152] 

As soon as the recount is done, [153]  the returning officer completes the back of the writ, indicating the name of the successful candidate, and returns the writ to the Chief Electoral Officer. [154] 

The Chief Electoral Officer publicizes the results of the election in the Canada Gazette[155]  provides Parliament with a report on the conduct of the election, [156]  and retains all electoral documents in the event an election is contested. [157]  The Chief Electoral Officer also provides the Clerk of the House with a certified list of Members returned to serve in the House of Commons. The list is tabled in the House by the Clerk at the beginning of the first session of the new Parliament and is included in the Journals[158] 

Issue of Writ for a By-Election

Whenever a vacancy in the representation of the House occurs, for whatever reason, the Speaker addresses a warrant (a written authorization) to the Chief Electoral Officer for the issue of a writ of election to fill the vacancy. [159]  The writ for a by-election must be issued between the 11th day and the 180th day after the receipt of the warrant by the Chief Electoral Officer. [160]  While the Parliament of Canada Act requires by-elections to be called within six months of a seat becoming vacant, there is no limit on how far in the future the actual date of the by-election may be set. The date of the by-election is fixed by the Governor in Council. [161] 

A writ for a by-election would be superseded and withdrawn when a by-election has been ordered for a day subsequent to the dissolution of Parliament and the calling of a general election. [162] 

Election Expenses

Legislation on election expenses was first incorporated into the Canada Elections Act in 1974. [163]  Election expenses are defined as those costs incurred “for the purpose of promoting or opposing, directly and during an election, a particular registered party, or the election of a particular candidate”. [164]  Sections of the Canada Elections Act require all registered federal political parties and candidates to disclose the details of their election campaign financing. [165]  The Act sets down guidelines to control election spending by both parties and candidates according to a formula based on the number of names on the preliminary voters list for each constituency. [166]  The amount of election expenses a candidate or political party may incur is limited, thereby ensuring that no one candidate dominates due to wealth and that any eligible Canadian may consider becoming a candidate. Under the Act, only the candidate and the candidate’s official agent may pay the candidate’s personal expenses, whereas only the official agent may pay all other campaign-related expenses.

Within four months after polling day, all candidates, whether successful or not, must submit both a return and a declaration respecting election expenses. [167]  If the elected Member fails to submit his or her report and declaration of election expenses within the prescribed time, the Member will not be permitted to sit or vote in the House until the declaration is filed. [168]  Candidates who get at least 15% of the valid votes cast in their electoral district are reimbursed 50% of their maximum allowed election expenses out of the Consolidated Revenue Fund. [169] 

In 1974, the position of Commissioner of Election Expenses was created to ensure that the election expenses provisions of the Election Expenses Act were complied with andenforced. [170]  In December 1977, the statute was amended to extend the Commissioner’s responsibilities to cover all provisions of the Canada Elections Act[171]  The Commissioner ensures that candidates and their official agents fulfil their obligations under the legislation, such as submitting their election expenses returns and official receipts within the legal time frame and ensuring that corrective action is taken promptly when minor transgressions occur. When requested to do so by the Chief Electoral Officer, the Commissioner also investigates complaints of alleged infractions by election officers. [172] 

Bribery and Corruption in Elections

Over the years, Parliament has passed several statutes touching on bribery and corruption in elections, delegating to the courts the authority to decide breaches of this kind when they occur. [173]  These laws ensure that fair elections are held, free from corruption, intimidation and other actions which may deter an elector, a candidate or an official involved in the election process. As such, where a candidate has engaged in bribery or some other form of corruption in being elected, severe penalties are provided for, including: several years’ disqualification from candidacy and voting in subsequent elections; fines, imprisonment, or both; a voided election; the loss of the right to sit or vote in the House. [174]  Still, the House has never relinquished its power to act in matters affecting its membership in instances other than those related to controverted elections. In addition, the House can always “receive petitions setting forth grievances and praying for a remedy, provided they do not question the return of a Member …” [175] 

Since 1926, the House has not been asked to investigate claims of corruption or bribery in elections, although suggestions have been made from time to time to do so. [176]  On at least one occasion, leave was granted for an emergency debate to discuss corruption in a specific election. [177] 

Dominion Controverted Elections Act

An election may be contested or controverted (i.e., challenged) if the announced results of the election in an electoral district are very close, if there are allegations of irregularities in voting or in the counting of ballots, or if there are allegations of corrupt or illegal practices. An election petition [178]  may be filed by a candidate or by any qualified elector who alleges irregularities or corruption in the election that would disqualify an elected Member of the House of Commons. Such petitions are investigated and tried under the Dominion Controverted Elections Act[179]  Trials are conducted without jury by two superior court justices for the province in which the disputed election took place. The judges’ report is transmitted to the Speaker of the House of Commons and may result in the election being awarded to a candidate other than the one who was declared elected by the returning officer; or the election could be declared null and void; or the petition could be dismissed by the court.

Prior to Confederation, Nova Scotia, New Brunswick and the Province of Canada followed the example of the British Parliament in dealing with electoral matters in their own legislatures. After Confederation, between 1867 and 1873, the Speaker of the House of Commons regularly appointed six Members to serve on the General Committee of Elections to adjudicate controverted elections. [180]  This committee routinely passed judgement on cases of bribery and corruption in electoral contests, usually on partisan grounds and regardless of any findings of corrupt practices. Indeed, only one election was ever voided. [181]  In 1873, the House transferred to the provincial courts exclusive jurisdiction over matters relating to the election of its Members. [182]  The following year a new law was passed establishing the provincial supreme courts as election courts. [183]  With the introduction of the secret ballot, simultaneous elections across the country, and the enactment of new election laws, the number of contested elections gradually dropped. [184]  Since 1949, only five elections have been declared void, all on the grounds that a number of ballots were unlawfully cast. [185] 

The Election Petition

A candidate or any qualified elector who wishes to contest the result of an election must file an election petition with the office of the clerk of the provincial or territorial court designated in the Dominion Controverted Elections Act to hear such cases. [186]  The election petition includes the particulars of the complaint whether it be of an undue (i.e., illegal or improper) return or election of a Member, [187]  of no return, [188] of a double return, [189] of a special return, [190]  or of a corrupt or illegal practice pursuant to the Canada Elections Act[191]  The petition must be signed by the petitioner or petitioners and a security deposit of $1000 must be left with the court when the petition is filed. [192] 

The Parliament of Canada Act provides that a Member, who has been declared elected, may not resign his or her seat while his or her election is being contested. [193]  However, if the Member gives notice to the court or trial judges that he or she does not intend to oppose the election petition, the Member cannot sit or vote in the House of Commons until the trial judges have reported to the Speaker. [194] 

Trial of the Election Petition

The election petition is heard by two superior court judges in the province and the electoral district where the election has been challenged. [195]  The trial of the election petition is to determine whether a Member was duly elected or not, whether another candidate should have been duly elected instead, or whether the election should be declared void. The judges conduct an inquiry, scrutinizing the ballots for irregularities and investigating any claims of illegal or corrupt electoral practices. The judges may also call and examine witnesses.

At the conclusion of the trial of an election petition, the trial judges render a decision which is transmitted to the Speaker of the House of Commons by means of a certificate within 12 days of the decision being rendered. [196]  If any party to the case is dissatisfied with the court’s decision, he or she may appeal to the Supreme Court of Canada within eight days of the date on which the trial judges’ decision was given. [197] 

If the trial judges determine that corrupt or illegal practices have occurred, the judges also provide the Speaker with a report indicating the corrupt practice committed and naming the individuals involved; at the same time, they may submit a special report outlining any matters which ought to be referred to the House of Commons. [198]  It is up to the House of Commons to deal with the matter as it sees fit. No new writ for an election can be issued unless the House orders it. [199] 

Role of the Speaker

As soon as the Speaker receives the certificates and reports of the trial judges (or the Supreme Court if an appeal had been made), he or she communicates the decision to the House. [200]  The Speaker then takes the necessary steps to confirm or alter the return or to issue a writ for a new election. [201] 

If the trial judges find that an election was a valid election and that the Member was duly elected, the Speaker informsthe House accordingly and the certificate of judgement appears in that day’s Journals[202]  If the court has awarded the election to another candidate, the Speaker must take the necessary action to alter the return [203]  and the other candidate takes the necessary steps to claim his or her seat. If the trial judges find that the successful candidate or his or her agent has committed any corrupt or illegal practice, the election is void. [204]  The seat becomes vacant when the Speaker receives the certificate of the trial judges or the Supreme Court. Until that time, the person elected is entitled to all the benefits, services and allowances that come with being a Member of Parliament. The Speaker addresses a warrant to the Chief Electoral Officer for the issue of a new writ of election in the electoral district in question. [205]  A by-election must be held to fill the vacancy, and the Prime Minister has six months from the date on which the Chief Electoral Officer receives the Speaker’s warrant to announce the date of the by-election. [206] 

The Oath or Solemn Affirmation of Allegiance

Before a duly elected Member may take his or her seat and vote in the House of Commons, the Member must take an oath or make a solemn affirmation of allegiance or loyalty to the Sovereign and sign the Test Roll (a book whose pages are headed by the text of the oath). When a Member swears or solemnly affirms allegiance to the Queen as Sovereign of Canada, he or she is also swearing or solemnly affirming allegiance to the institutions the Queen represents, including the concept of democracy. Thus, a Member is making a pledge to conduct him-or herself in the best interests of the country. The oath or solemn affirmation reminds a Member of the serious obligations and responsibilities he or she is assuming.

The obligation requiring all Members of Parliament to take the oath is found in the Constitution Act, 1867, with the text of the oath itself outlined in the Fifth Schedule. [207]  The Act states: “Every Member of the … House of Commons of Canada shall before taking his Seat therein take and subscribe before the Governor General or some Person authorized by him … the Oath of Allegiance contained in the Fifth Schedule to this Act …” The wording of the oath is as follows: “I, (Member’s name), do swear, that I will be faithful and bear true Allegiance to Her Majesty Queen Elizabeth the Second.” [208]  As an alternative to swearing the oath, Members may make a solemn affirmation, by simply stating: [209]  “I, (Member’s name), do solemnly, sincerely, and truly declare and affirm that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second.”

Historical Perspective

Great Britain

During the Middle Ages, there was no legal requirement for the taking of oaths of allegiance in the British Parliament. [210]  The taking of an oath by a Member of Parliament as a legal prerequisite first arose as a result of the political and religious conflicts in Great Britain in the sixteenth century, in particular the breach with Rome and the struggle between Protestants and Catholics for power. The first oath was imposed upon Members in 1563 following the adoption of the Act of Supremacy during the reign of Queen Elizabeth I. The Act of Supremacy appointed the Sovereign the head of the Church: before taking their seat in the House of Commons, Members of Parliament were required to testify to their belief that the Sovereign was the only supreme governor of the realm, both in ecclesiastical and in temporal matters. [211]  Indeed, the oath of supremacy was primarily directed at preventing Roman Catholics from holding public office. To this was added, in 1678, a declaration against transubstantiation which, with the oath of supremacy, effectively barred Roman Catholics from Parliament. [212] 

In 1701, in an attempt to strengthenProtestantism in response to the attempt by Jacobites, supporters of James II, to restore Catholicism in England, English authorities devised three oaths of state designed to exclude Catholics and Jacobites from public office. The first was one of allegiance to the King of England; the second, known as the oath of supremacy, denounced Catholicism and papal authority; and the last, the oath of abjuration, repudiated all rights of James II and his descendants to the English throne. [213] 

More than one hundred years later, the British Parliament passed the Roman Catholic Relief Act of 1829, which replaced the declaration against transubstantiation with a simple declaration of allegiance to the Crown and provided a special form of oath acceptable to members of the Roman Catholic Church. In 1858, the oaths of supremacy, allegiance and repudiation were replaced by a single oath for Protestants, and later the same year the British Parliament passed another law allowing Jews to be admitted as Members of Parliament. [214]  By 1866, the British Parliament had established a single oath for Members of all religious beliefs and, by 1888, it permitted those objecting to the taking of the oath on religious grounds to make a solemn affirmation. [215] 

Canada

The requirement that Members of the Canadian House of Commons take an oath of allegiance before assuming their seats in the Chamber stems from British practice; however, the oath taken in the Canadian colonies was a very different one from the anti-papal oath taken by Members in the British House of Commons.

In 1758, the first election for a popular Assembly was held in Nova Scotia; Catholics and Jews were not allowed to vote or seek election. [216]  The legislative assembly abolished religious discrimination in voter eligibility criteria in 1789, enabling Catholics and Jews to vote. [217]  In 1823, the Nova Scotia Assembly adopted a resolution which granted the right to Catholics to take a seat in the Assembly without taking the Declaration against Transubstantiation. [218]  The Quebec Act, 1774, which was passed by the British Parliament provided, among other matters, that Roman Catholics no longer had to take the Oath of Supremacy, substituting an oath of allegiance, should they wish to assume public office. [219]  The Constitutional Act, 1791 divided the original province of Quebec into two provinces — Lower Canada and Upper Canada. Each was provided with a Legislative Council and an elected Assembly; Members had to swear an oath of allegiance to the King before sitting in either the Legislative Council or Assembly. [220]  When the United Province of Canada was established, the provisions of the Constitutional Act, 1791 regarding the oath of allegiance were carried over into the Union Act, 1840[221]  At Confederation, the requirement for Members of the House of Commons, Senate and provincial legislative assemblies to swear an oath of allegiance was included in the Constitution Act, 1867.

While provisions for a solemn affirmation existed in the Province of United Canada pursuant to the Union Act, 1840 [222]  and were later duplicated in section 5 of the Oaths of Allegiance Act [223]  passed in 1867, these provisions did not apply to Members of the House of Commons and the Senate. Members of Parliament were not permitted to make a solemn affirmation until 1905 when the Governor General was “authorized to administer the oath of allegiance or affirmation to persons who shall hold places of trust in Canada in the form provided by an Act passed in the thirty-first and thirty-second years of the Reign of Queen Victoria intituled An Act to amend the law in relation to Promissory Notes”. [224] 

Swearing-in Process

Following a general election, the Chief Electoral Officer files a certificate with the Clerk of the House of Commons which lists Members duly elected to serve in the new Parliament. Once this certificate is received by the Clerk of the House, the process of administering the oath of allegiance commences. [225] 

According to Section 128 of the Constitution Act, 1867, the Governor General “or some person authorized by him” may administer the oath of allegiance. Commissioners for this purpose are appointed through Orders in Council. Up until August 1949, this was accomplished by naming specific persons to hold this commission but since that time, the appointment has been made by virtue of office, thus avoiding the need to repeat the Order in Council. The offices of Clerk of the House of Commons, Deputy Clerk, Clerk Assistant, and Sergeant-at-Arms have been given this authority, although this function is normally carried out by the Clerk. [226] 

The present swearing-in procedure followed by the House is not governed by rules but has always been defined by practice and precedent. Traditionally, Members have been sworn in on an individual, rather than collective, basis. [227]  The Clerk of the House invites each Member to make an appointment to be sworn in and sign the Test Roll, a book whose pages are headed by the text of the oath or affirmation, prior to the opening day of the new Parliament. The Test Roll is signed by the Member in witness to his or her having taken the oath of allegiance as required by the Constitution Act, 1867 or made the solemn affirmation. The Test Roll is signed immediately after the oath or affirmation has been taken. [228] 

Most Members take the oath either in the office of the Clerk or in another room in the parliamentary precinct designated for the ceremony. Members may invite guests to attend the short private ceremony and arrange for pictures to be taken. Members who have not been sworn in prior to the opening day of a new Parliament may do so on the opening day itself. This ceremony is performed in the Commons Chamber at the Clerk’s Table prior to the time designated for all the Members to assemble for the opening of Parliament. On this occasion, guests are not invited nor are pictures taken. After the first day of a new Parliament, the swearing-in ceremony takes place in the Clerk’s Office. Following by-elections, new Members take the oath and sign the Test Roll in the office of the Clerk.

If a Member fails or refuses to swear the oath of allegiance or make a solemn affirmation, the Member may not be allowed to take his or her seat in the Chamber and may be deprived of any entitlements. [229]  Thus, it is the taking of the oath or affirmation which enables a Member to take his or her seat in the House and to vote. [230] 

Breach of the Oath of Allegiance

Breaking the oath of allegiance is a serious offence and any Member whose conduct has been determined by the House to have violated the oath could be liable to punishment by the House. [231]  Although there have been no cases of a Member having been found guilty of breaching the oath of allegiance, the Speaker was asked in 1990 to rule on the sincerity of a Member’s solemn affirmation. [232]  Speaker Fraser ruled that the Chair was “not empowered to make a judgement on the circumstances or the sincerity with which a duly elected Member takes the oath of allegiance. The significance of the oath to each Member is a matter of conscience and so it must remain.” Since the Member stated very clearly in the House that he had “never mocked the Canadian Parliament nor the Queen”, the Speaker concluded that, in keeping with convention that the House accepts as true the word of the Member, there was no breach of privilege. He did note, however, that “only the House can examine the conduct of its Members and only the House can take action if it decides action is required”. [233]  No further action was taken.

Entrance in the House

After a Member’s election certificate has been received by the Clerk of the House and he or she has sworn the oath of allegiance or made an affirmation and signed the Test Roll, the Member is ready to take his or her seat in the Chamber. Members, whether they be newly elected or not, are not formally introduced to the House at the opening of a new Parliament. Customarily, only when Members have been elected to the House in by-elections do they receive formal introduction to the House. [234]  The introduction of a Member is ceremonial [235]  and a convention not mandated by any statute of Canada or rule of the House of Commons. [236]  The right of a Member to sit and vote in the House is in no way affected if an introduction does not take place. [237] 

Introductions typically are done at the beginning of a sitting or before Question Period. When a Member is to be introduced, the Speaker begins by advising the House that: “I have the honour to inform the House that the Clerk of the House has received from the Chief Electoral Officer a certificate of the election and return of (Member’s name), Member for the electoral riding of (Member’s riding).” The Member, escorted by two Members of the House (generally the leader of the Member’s party and the senior party representative from his or her province), is then ushered from the Bar of the House up the centre aisle of the Chamber to the Table. [238] At this point, the party leader will state: “Mr. (Madam) Speaker, I have the honour to present to you (Member’s name), Member for the Electoral District of (Member’s riding), who has taken the oath (or made an affirmation), signed the Roll and now claims the right to take his (her) seat.” The Speaker directs: “Let the Member take his (her) seat.” The Member then approaches the Chair and exchanges greetings with the Speaker. The Member is directed, by the party whip, to his or her seat. [239]  If other Members are to be introduced during the same sitting, the process is repeated. [240]  Customarily, if the Member being introduced is a party leader, he or she is escorted by two leading Members of the party and the House allows the other party leaders to offer some brief words of welcome. [241] 

Assignment of Seats in the House

Members are allocated their seats and desks in the House under the authority of the Speaker but on the advice of the whips of the recognized parties (usually those parties with 12 or more Members [242]) following negotiations. In order to be recognized by the Speaker to participate in the business of the House and to vote in any recorded division, a Member must be in his or her designated seat. [243]

Members representing the governing party traditionally occupy those seats to the right of the Chair, with the Prime Minister and the other Ministers seated in the front rows. Private Members, otherwise known as backbenchers, representing the governing party are customarily seated according to their seniority or length of service in the House within their caucus. If the number of Members representing the governing party exceeds the number of desks on the right side, the overflow, or “rump”, of government Members occupies those seats across the aisle. This section may, at the discretion of the Speaker, be near the Chair or at the far end of the Chamber. [244] 

Members who represent parties in opposition to the government are seated to the left of the Chair. [245]  The Leader of the Official Opposition is seated immediately opposite the Prime Minister and is flanked by Members of his or her party. Other opposition Members sit, according to party, in the remaining seats: the second-rank opposition party gets the first choice of seats after the Official Opposition, the third-rank party the next choice and so on. [246]  The leading Members of the opposition parties, including House Leaders, whips and critics, sit in the front rows of their designated area. [247]

Those Members who do not have a party designation or who represent a party not recognized by the House are seated subject to the discretion of the Speaker in whatever seats are remaining. These Members typically occupy the desks to the left of the Speaker along the back rows, often but not necessarily near the end of the Chamber. The Speaker allocates the seats for these Members pursuant to their seniority as elected Members, while at the same time retaining a degree of latitude in determining these arrangements. [248] 

Three desks immediately to the left of the Chair are reserved for the Deputy Speaker and the other Chair occupants when they are not presiding over the House. There is no seat reserved for the Speaker. [249] 

The seating plan is modified frequently during a Parliament, sometimes following changes within a party, sometimes as a result of negotiations among the parties. Any changes in the seating of a Member or Members within a party are made by the whip who then notifies the Speaker. If a Member is expelled from his or her party, or chooses to leave to sit as an independent, then the Speaker reassigns a new seat to the Member. [250] 

Crossing the Floor

Although most Members are elected with a party affiliation (a very small percentage of Members are elected as independents), Members are not obliged to retain that party label during the whole of their mandate. “Crossing the floor” is the expression used to describe a Member’s decision to break all ties binding him or her to a particular political party. [251]  A Member who changes party allegiance is under no obligation to resign his or her seat and stand for re-election; entitlement to sit as a Member is not contingent upon political affiliation. If a Member decides to cross the floor and sit with another party, the Member’s new party whip determines the seating arrangement for the Member.

Responsibilities and Conduct of Members

Members sit in the House of Commons to serve as representatives of the people who have elected them to that office. They have wide-ranging responsibilities which include work in the Chamber, committees, their constituencies and political parties. As Professor C.E.S. Franks has noted:

The member of parliament represents his constituency through service in the House of Commons. This does not mean, however, that he spends most of this time sitting in the House, or even that attendance there is the most important part of his work. An MP spends far more of his working life outside the House than in it … . The job is people-oriented, involving talking about and listening to ideas, proposals, and complaints, reconciling opposing viewpoints, explaining party or government policy to citizens and citizens’ views to party and government, getting action out of the government on problems of constituents, and examining how the government uses or abuses the power it exercises on behalf of the people of Canada. [252] 

Besides participating in debates in the Chamber and in committees, and conveying their constituents’ views to the government and advocating on their behalf, Members also have responsibilities in many other areas:

  • They act as ombudsmen by providing information to constituents and resolving problems.
  • They act as legislators by either initiating bills of their own or proposing amendments to government and other Members’ bills.
  • They develop specialized knowledge in one or more of the policy areas dealt with by Parliament, and propose recommendations to the government.
  • They represent the Parliament of Canada at home and abroad by participating in international conferences and official visits.

Members, once elected and sworn in, are bound to observe certain rules of conduct in carrying out their parliamentary functions. Although there is no statute which dictates a code of conduct for parliamentarians at the federal level, some provisions regarding conduct for Members and conflict of interest matters exist in the Standing Orders of the House, [253]  the Parliament of Canada Act [254]  and the Criminal Code[255]  Also in place is the Conflict of Interest and Post-Employment Code for Public Office-Holders, in particular for Cabinet Ministers and Parliamentary Secretaries, issued by the Prime Minister’s Office. A number of these provisions are discussed later in this chapter.

Attendance

One of the Member’s primary duties is to attend the sittings of the House when it is in session, unless the Member has other parliamentary or official commitments, such as committee meetings, constituency work or parliamentary exchanges. [256]  Indeed, the Speaker has traditionally discouraged Members from signalling the absence of another Member from the House because “there are many places that Members have to be in order to carry out all of the obligations that go with their office”. [257] 

The Parliament of Canada Act provides for deductions for non-attendance from the Member’s sessional allowance. [258]  At the end of each month and at the end of each session, each Member is required to provide the Clerk of the House with a statement of the number of days of attendance during the month or session, as the case may be, for which they are entitled to receive their sessional and expense allowances. [259]  For the purposes of this declaration, those days on which a Member was absent due to illness, a military commitment, the adjournment of the House or because the Member was on “public or official business”, are considered days of attendance. [260]  Since there is no regulatory mechanism to monitor Members’ attendance, calculations of Members’ allowances are made on the basis of their statements and deductions are made only when absences exceed 21 sitting days. [261] 

While the Parliament of Canada Act gives the House the power to impose more stringent regulations respecting Members’ attendance or deductions from sessional allowances, [262]  the presence of Members in the Chamber is largely a function of politics, not procedure or law. Consequently, it has fallen to the whips to ensure an adequate representation of Members in the Chamber for debates and votes. Thus, through the use of a roster system and other controls, the party whips are able to regulate the attendance of Members in the Chamber, in committees and in other parliamentary functions.

Conflict of Interest Matters

On being elected, Members of the House of Commons become trustees of public confidence. Members must be seen to be impartial and to derive no personal benefit or gain from their decisions. Various attempts have been made over the past 25 years to define what constitutes a conflict of interest and to devise rules regarding Members improperly using their influence, using insider information, and furthering their private interests.

Historical Perspective

In 1973, the Federal Government issued a Green Paper on Members of Parliament and Conflict of Interest. [263]  During the next Parliament, the Green Paper was referred to the Standing Committee on Privileges and Elections. [264]  The Committee reported it back to the House with numerous recommendations. [265]  In 1978, the government introduced Bill C-6, An Act respecting the independence of Parliament and conflicts of interests of Senators and Members of the House of Commons and to amend certain other Acts in relation thereof or in consequence,which would have extended the provisions in the Green Paper and incorporated some of the recommendations made by the Committee. [266]  The bill was referred to the Standing Committee on Elections and Privileges after second reading, [267]  but Parliament was dissolved before the Committee could report back to the House.

In 1983, the government established a Task Force on Conflict of Interest to devise a regime dealing with conflict of interest whereby public confidence would be ensured and the integrity of the political process protected. In May 1984, the Task Force identified nine activities as involving conflicts of interest and recommended that these forms of conduct be dealt with, depending on the severity of the conflict, by using a code of conduct. [268] 

In 1985, the Standing Committee on Management and Members’ Services was asked to consider matters related to the establishment of a Register of Members’ Interests. [269]  The Committee concluded that such a Register was not warranted and that the current laws regarding conflict of interest were adequate. [270] 

At the end of 1987 came the Report of the Parker Commission on Conflict of Interests regarding the allegations of conflict of interest involving the Hon. Sinclair Stevens. Mr. Justice Parker made a number of recommendations, and in particular the requirement that conflict of interest guidelines include public disclosure of a Minister’s assets, interests and activities. In 1988, the government introduced Bill C-114, Members of the Senate and House of Commons Conflict of Interest Act, which was referred to a legislative committee after the second reading, [271]  but Parliament was dissolved before the committee could report back.

Another conflict of interest bill (Bill C-46, Members of the Senate and House of Commons Conflict of Interest Act) was introduced during the Second Session (April 1989-May 1991) of the Thirty-Fourth Parliament [272]  but was not proceeded with. Two similar bills were introduced during the Third Session (May 1991-September 1993): Bill C-43, Members of the Senate and House of Commons Conflict of Interest Act[273]  and Bill C-116, Conflict of Interests of Public Office Holders Act[274]  The House of Commons gave second reading to Bill C-116 and referred it to the Special Joint Committee of the Senate and the House of Commons on Conflict of Interests on March 30, 1993. [275]  On June 3, 1993, the Special Joint Committee recommended to the House that the bill not be proceeded with. [276]  The Thirty-Fourth Parliament was dissolved shortly thereafter.

Each conflict of interest bill provided for an annual declaration of the private interests of Senators, Members of the House of Commons, their spouses and dependent children to an independent three-member conflict of interests commission. The bills also contained rules against using confidential information to further one’s own private interests and against trying to influence others’ decisions from one’s own private interests; rules on gifts and on post-employment conduct; and special rules for Ministers regarding outside activities. Proposed penalties for non-compliance ranged from fines to loss of the Member’s or Senator’s seat, but their imposition remained in the hands of the Member’s Chamber.

During the First Session (January 1994-February 1996) of the Thirty-Fifth Parliament, a special joint committee of the Senate and of the House of Commons was established to develop a code of conduct to guide parliamentarians in reconciling their official responsibilities with their personal interests, including their dealings with lobbyists. [277]  The Committee was re-established during the Second Session (February 1996-April 1997) [278]  and reported to the House on March 20, 1997 [279]  with the recommendation that the Senate and the House of Commons adopt a “Code of Official Conduct”. [280]  The Thirty-Fifth Parliament was dissolved a month later without the report being concurred in.

Governing Prohibitions

Statutory provisions and guidelines governing aspects of conflict of interest presently exist. The Parliament of Canada Act contains several conflict of interest prohibitions. A number of them govern the eligibility of Members to sit in the House of Commons and accept any other office, commission or employment in the service of the Government of Canada, with exceptions such as the offices of Cabinet Minister, Parliamentary Secretary or active service in the Armed Forces in wartime. [281]  Anyone who contracts with the government or who works for such a contractor is not eligible to be a Member of the House of Commons and may not sit or vote in the House, although a Member may be a shareholder with a company having a government contract that does not involve building any public work. [282]  If a Member contravenes these provisions, his or her seat is vacated, his or her election is declared void, and the Member forfeits the sum of $200 for each day he or she sat or voted. [283] 

All public office holders are subject to the Criminal Code’s general provisions on corruption, including bribery, influence-peddling and breach of trust. [284]  For example, breach of trust occurs when a Member pays a person for work not performed, accepts payment from a person in return for hiring that person as an employee or contractor, and uses public funds for private travel. Should a person be convicted of one of these offences and sentenced to more than two years of imprisonment, that person is incapable of being elected or sitting or voting as a Member of Parliament. [285]  Nonetheless, in terms of its membership, the House of Commons retains the right to regulate its own internal affairs and procedures, free from any interference from the courts. This includes the right to enforce discipline on its Members by suspension or expulsion. Even where a Member has been convicted of bribery, or sentenced to imprisonment for an indictable offence for a period longer than the life of the Parliament, the Member cannot be deprived of his or her seat unless the House decides so. [286] 

In addition to statutory prohibitions, Prime Ministers have issued conflict of interest guidelines for Ministers and other public office holders (Conflict of Interest and Post-Employment Code for Public Office Holders). [287]  The code is voluntary and applies to Cabinet Ministers, Secretaries of State, Parliamentary Secretaries and other senior public office holders (full-time Governor in Council appointees). It requires that, on appointment to one of these offices, the office holders are to arrange their private affairs so as to prevent real, potential or apparent conflicts from arising. [288]  They are not to solicit or accept money or gifts; not to assist individuals in their dealings with government in such a way as to compromise their own professional status; not to take advantage of information obtained because of their positions as insiders; and, after they leave public office, not to act so as to take improper advantage of having held that office. After leaving office, Ministers are prohibited for two years, and other public office holders for one year, from certain activities in order to ensure impartiality while in office and to avoid preferential treatment upon leaving office. These guidelines are administered by an ethics councillor who is a public servant reporting directly to the Prime Minister. [289] 

Bribery

Bribery, the most extreme form of conflict of interest, is a criminal offence. One of the parliamentary privileges or rights Members enjoy is the freedom to carry out their parliamentary duties without fear of intimidation or interference. An attempt to tamper with this privilege through bribery undermines the independence of Members and, by extension, the independence of the House itself. The Standing Orders define any attempt to offer a Member any advantage for promoting any matter before Parliament as a “high crime and misdemeanour”, which “tends to the subversion of the Constitution”. [290] 

There are few recorded instances of attempted bribery. In 1873, a Member rose in the House to say that someone had attempted to buy his vote. The House immediately ordered the accused party taken into custody, but Parliament prorogued before the individual could be questioned at the Bar and the matter was never again taken up. [291]  In 1964, it was alleged that a bribe had been offered to a Member on condition that he change his party allegiance by crossing the floor of the House. The Standing Committee on Privileges and Elections was ordered to study and report on the charge, but on investigation concluded that the allegation was unfounded and the matter went no further. [292] 

Instances where a Member accepts the offer of a bribe or even arranges for one in consideration of his or her work in Parliament are not foreseen by the rules of the House. However, there have been many cases in which allegations of accepting bribes in exchange for favours or influence formed the substance of motions against Members by their colleagues. [293]  The Parliament of Canada Act prohibits a Member from receiving outside compensation for services rendered on any matter before the House, the Senate or their committees. [294]  Pursuant to that Act, a Member found guilty of such an offence is liable to a fine of $500 to $2000 and is disqualified from being a Member of the House of Commons and from holding any office in the public service of Canada for five years after conviction of that offence. [295]  In addition, the Criminal Code provides for 14 years’ imprisonment for a parliamentarian who accepts or attempts to obtain any form of valuable consideration for doing or omitting to do anything in his or her official capacity. [296] 

Pecuniary Interests

While no legislation exists to enforce the disclosure of a Member’s financial interests, the Standing Orders of the House provide that Members may not vote on questions in which they have direct pecuniary interests; any such vote will be disallowed. [297]  The pecuniary interest must be immediate and personal, and belong specifically to the person whose vote is contested. Measures with a wide application, such as matters of public policy, are not generally considered in this light. Even voting a pay increase to Members themselves does not constitute direct monetary interest because it applies to all Members. [298] 

A Member with a pecuniary interest in a matter simply refrains from voting. In the event the Member votes, the vote may be questioned and eventually disallowed. When a Member’s vote is questioned, his or her word usually prevails, [299]  although the Member’s vote may be challenged by way of a motion to disallow it. [300]  While no Member’s vote has ever been disallowed by the House on grounds of direct pecuniary interests, several Members have either voluntarily refrained from voting [301]  or have had their votes questioned. [302] 

Registry of Foreign Travel

Members are sometimes called upon to travel outside Canada in their capacity as Members of the House of Commons. When visits are made outside of Canada and are not paid for out of the Consolidated Revenue Fund (i.e., paid by individuals or organizations other than the Member personally, any registered Canadian political party, or an inter-parliamentary association or friendship group recognized by the House of Commons), the Member must register the trip and the name of the sponsoring individual or organization with the Clerk of the House who keeps a public record of this information. [303]  The Member may register the trip before or after it takes place by sending the Clerk of the House a personally signed letter [304]  and the Clerk enters the information into the registry. Staff members or other representatives may not provide the information to the Clerk for the registry in the Member’s place.

Remuneration, Pensions and Entitlements

The compensation package for Members of the House of Commons consists of three main components: a sessional indemnity (also known as a sessional allowance or salary), an incidental expense allowance, and a pension plan. In addition, Members are provided with other benefits and allowances related to travel between Ottawa and their constituency and within the constituency, a budget to staff the Parliament Hill and the constituency offices, and goods and services provided for the Members’ use.

The Sessional Indemnity and Incidental Expense Allowance

The sessional indemnity, the equivalent of a salary, is stated as an annual amount and is paid monthly. [305]  Additional salaries are payable to Members of the House of Commons occupying certain offices and positions. These include the Prime Minister, Cabinet Ministers, the Speaker and other Chair occupants, the Leaders of recognized opposition parties, House Leaders, Whips, and Parliamentary Secretaries. [306]  Members also receive an incidental expense allowance which is non-accountable (i.e., Members do not have to document their use of the allowance with receipts) and is not subject to income tax. Members representing remote or difficult-to-access constituencies (as listed in the Canada Elections Act) receive a slightly larger expense allowance. [307] 

In 1990, an accountable travel expense allowance (often referred to as the housing allowance) was introduced to compensate Members for the cost of meals, incidentals and accommodation expenses incurred while on official business more than 100 kilometres from their principal residence. The accountable expense allowance helps Members to offset some of the costs involved in maintaining two households, one in their constituency and one in Ottawa. Expenses claimed under the travel status expenses provision cannot exceed the amount set by the Board of Internal Economy. [308] 

Pension

The pension plan for Members was first established in 1952. At that time, Prime Minister Louis St. Laurent expressed concern about the reluctance of some people to run for a seat in the House of Commons because of their belief that long years spent in public service would not allow them to provide adequately for their later years. The Prime Minister believed that the establishment of a pension plan would strengthen the parliamentary institution and attract the right kind of person to public service. [309]  Under the Members of Parliament Retiring Allowances Act, a retiring allowance (pension) is payable to former Members who have contributed to the pension plan for a minimum of six years and who have attained age 55. [310]  Should a Member retire with less than six years of service, the Member receives a withdrawal allowance in a single payment. [311] 

A former Member who is not entitled to a pension and who was a Member on the day of dissolution, but is not re-elected or did not seek re-election, is entitled to a severance allowance equal to 50% of the total of the basic annual sessional indemnity and any annual salary payable to Members occupying certain offices (such as that of a Minister, House Leader, Whip, or Parliamentary Secretary). [312]  The severance allowance is also payable to a Member who is not eligible for a pension and who resigned during an election period, following the dissolution of Parliament, or who resigned during a Parliament because of permanent illness or disability which in the opinion of the Speaker prevented the Member from performing his or her duties. [313] 

The provisions of the Members of Parliament Retiring Allowance Act continue to apply between the day of dissolution and election day. Contributions cease as of the day of the election for Members who are not re-elected.

Commission on Members’ Salaries and Indemnities

Since 1975, the law has required that a commission be appointed by the Governor in Council after each general election, within two months after the date fixed for the return of the writs, to determine the adequacy of indemnities and various allowances payable to Members of the Senate and the House of Commons and to report back with recommendations, if deemed necessary, within six months. [314] 

Commissions to review Members’ allowances are generally known by the name of their chairs or members. Since 1979, reports have been received from the Hales Commission (1979), [315]  the McIsaac-Balcer Commission (1980), [316]  the Clarke-Campbell Commission (1985), [317]  the St. Germain-Fox Commission (1989), [318]  the Lapointe Commission (1994) [319]  and the Blais Commission (1998). [320]  The Report of the Commission to Review Allowances of Members of Parliament is tabled in the House by a Minister, typically the Government House Leader, [321]  and permanently referred to the Standing Committee on Procedure and House Affairs. [322] 

Every commission has recommended that the sessional indemnity be increased, but they have differed in how the increase should be made and how much the increase should be. The incidental expense was treated differently by each commission with no consensus on the amount, its status or how it should be changed. Similarly, each commission has recommended changes to the amount of other allowances and services, but recommendations were not consistent from one commission to another. [323]  Since 1980, following the tabling of each commission’s report, the government has subsequently introduced legislation respecting the indemnities and allowances of Members of Parliament. [324] 

Budgetary Entitlements

The Parliament of Canada Act authorizes the Board of Internal Economy to make by-laws with regard to the use of funds, goods, services and premises provided to Members. [325]  The Members’ Manual of Allowances and Services, produced in accordance with the By-laws of the Board of Internal Economy, contains administrative guidelines on the availability and use of all the funds, goods, services and premises to which Members are entitled.

The Thirty-Fifth Parliament (1993-97) was the first Parliament to operate with a complete set of by-laws. The By-laws were first enacted by the Board of Internal Economy in 1993 and are a series of guidelines concerning the handling by Members of public funds put at their disposal to help them carry out their parliamentary functions. Parliamentary functions are defined as duties and activities related to the position of Member of the House of Commons and includes public and official business and partisan matters but does not include the private business interests of a Member or of a Member’s immediate family. [326]  Each year, the Board of Internal Economy publishes a Finance By-law (By-law 501) which establishes the financial provisions for the fiscal year (April 1 to March 31). These include the Members’ Budget (including the Member’s Office Budget, the Constituency Furniture and Equipment Allowance and Members’ Travel Expenses), House Officers’ Budgets [327] and Committees’ Budgets. [328]  The other By-laws set out the terms governing Members’ use of their budgets and other benefits provided by the House including travel points, printing privileges, staff, and the purchase of goods.

The Board determines the terms and conditions of managing and accounting for the funds by the Members and has exclusive authority to determine whether their use is or was proper. [329]  In the event the By-laws are contravened, the Board of Internal Economy may pursue a number of options, including withholding money from one of the Member’s budgets or allowances, or freezing any budget or allowance or payment that may be available to the Member. [330] 

Each Member is entitled to an office in the precinct of Parliament, office furniture and furnishings and equipment for this office. [331]  Every Member is also entitled to establish one or more offices in his or her respective constituency and is provided with furniture and equipment for these offices. Furniture and equipment provided to Members are the property of the House of Commons. Each Member is provided with several budgets, including an Office Budget and a Constituency Furniture and Equipment Allowance. [332]  Members may spend their budgets as they choose so long as they conform to the regulations prescribed by the Board of Internal Economy. The Members’ Office Budget is used to pay expenses for the Member’s parliamentary precinct office, including staff remuneration. This budget also pays expenses incurred in establishing and operating a constituency office, including staff remuneration, office rent and utilities, and office furnishings, supplies and equipment. [333] 

Each Member is the employer of all his or her employees and each Member has the prerogative to recruit, hire, promote and release employees. [334] A Member is allowed full discretion in the direction and control of the work performed on his or her behalf by employees and is subject only to the authority of the Board of Internal Economy and the House of Commons in the exercise of that discretion. Members determine the duties to be performed, hours of work, job classifications and salaries, and are responsible for employee relations. Subject to specific terms and conditions, Members may enter into contracts for services with individuals, agencies or organizations and use a portion of the Member’s Office Budget for the payment of these contractors. Members may not hire or enter into a contract for consulting and professional services with members of their immediate family (spouses and children and their spouses and children).

The House covers the cost of printing newsletters, commonly known as “householders”, sent by the Member to all constituents. Members have free mailing privileges to send out householders and other materials. [335]  These mailing privileges are often referred to as “franking” privileges. “Franking” is the process by which Members of the House of Commons, by affixing their signatures to an addressed piece of mail, may have that mail delivered postage-free anywhere in the country. It is available only for mail that is addressed to places in Canada and may not be used for parcels, special delivery or other special services offered by Canada Post. Mail addressed to Members of the House is also delivered free of charge if sent to a Parliamentary Hill address. These mailing privileges begin on the day the notice of the Member’s election is published by the Chief Electoral Officer in the Canada Gazette and end 10 calendar days after a dissolution of Parliament or 10 days after that person ceases to be a Member. [336] 

The House of Commons provides Members with modern office equipment and services such as extensive long-distance calling, electronic mail and internet facilities, internal mail and messenger services, printing, security and language training. The Library of Parliament, through its research and reference services, provides Members, upon request, with research papers, background information and press clippings.

Members are allowed regular return trips to travel between Ottawa and the constituency and on occasion elsewhere in Canada. [337]  Members or persons representing the Member can be reimbursed for travel costs while travelling within the constituency or within the province or territory in which the constituency is situated to a maximum amount established by the Board of Internal Economy. [338]  Receipts must be submitted and the amount reimbursed is deducted from the Member’s office budget.

When Parliament is dissolved, Members of the House of Commons are discharged from their responsibility to attend the sittings of the House and cease to be Members of Parliament. However, the Parliament of Canada Act provides for the continuation of a number of provisions upon dissolution. For purposes of the allowances payable, a Member is deemed to continue to be a Member of the House until the date of the following election. [339]  Between the date Parliament is dissolved and the day of the election, budgetary funds, goods, services and premises made available by the House to its Members are to be used to carry out Members’ parliamentary functions.

Members who are defeated or who did not seek re-election are provided with travel benefits to come to Ottawa to close their office. If a Member resigns before Parliament is dissolved, his or her travel benefits cease as of the day of resignation. Household moving expenses from the constituency to Ottawa and back are covered once per Parliament.

On behalf of the Board of Internal Economy, the Speaker tables in the House an annual report of Members’ expenses. Members receive a copy of their annual expenditures prior to disclosure. [340] 

Vacancies in Representation

Once elected, Members are expected to serve for the duration of a parliament. Nonetheless, vacancies in representation may, and often do, occur. A person ceases to be a Member of the House of Commons when:

  • that person dies;
  • that person resigns his or her seat;
  • that person has accepted an office of profit or emolument under the Crown;
  • that person has been elected to sit in a provincial legislative assembly;
  • the Member’s election has been overturned in accordance with the Dominion Controverted Elections Act;
  • the House has, by order, declared that the Member’s seat is vacant and has ordered the Speaker to address a warrant to the Chief Electoral Officer for the issue of a writ of election for a new Member. [341] 

Death of a Member

Should a Member die while in office, the Speaker is informed of the vacancy in one of two ways. A Member may rise in his or her place and advise the House of the death; [342]  alternatively, two Members may notify the Speaker in writing. [343]  Typically at the beginning of the sitting, the Speaker informs the House that a communication has been received giving notice of a vacancy in representation and that a warrant has been addressed to the Chief Electoral Officer for the issue of a writ for the election. [344] 

In the absence of the Speaker, or if there is no Speaker, or if the seat vacated is that of the Speaker, two Members may alert the Chief Electoral Officer in writing of the death of the Member. The Chief Electoral Officer is then authorized to issue a new writ for the election of a Member to fill the vacancy. [345] 

Death of a Member Following a General Election

If, following a general election but before the first session of the new Parliament and before the election of a Speaker, a vacancy occurs in the representation of the House because of the death of a Member, any Member may alert the Chief Electoral Officer in writing of this vacancy. [346] The Chief Electoral Officer is then authorized to issue a new writ for the election of a Member to fill the vacancy. On the opening day of the first session, after the election of a Speaker and after the House has returned from hearing the Speech from the Throne in the Senate, the House is advised of the vacancy at some point during the day’s proceedings. [347] 

Resignation of a Member

A Member may give notice of his or her intention to resign by making a statement on the floor of the House. [348]  Immediately upon the recording of this notice in the Journals of the House, the Speaker addresses a warrant to the Chief Electoral Officer for the issue of a writ for the election of a Member to fill the vacancy. [349]  A Member may also resign his or her seat by delivering to the Speaker a written declaration of intention to resign signed before two witnesses. On receiving the declaration, the Speaker addresses a warrant to the Chief Electoral Officer for the issue of a writ for the election of a Member to fill the vacancy. [350] 

A Member who wishes to resign when there is no Speaker or when the Speaker is absent from Canada may deliver to any two Members his or her signed declaration of intention to resign. The same applies when a Speaker wishes to resign as a Member. [351]  On receiving the declaration, these two Members address a warrant to the Chief Electoral Officer for the issue of a writ for the election of a Member to fill the vacancy. [352] 

Once a Member has tendered his or her resignation, the seat is deemed to be vacated and the individual ceases to be a Member of Parliament. [353]  No Member, however, may tender his or her resignation while his or her election is being contested or until after the expiration of the time during which the election may be contested on grounds other than corruption or bribery. [354] 

Acceptance of an Office of Profit or Emolument Under the Crown

No person may hold an office of profit or of emolument under the Crown and become or remain a Member of Parliament. Thus, the seat of a Member who has accepted an appointment to the Senate, the office of the Governor General, a judgeship or any other such public office is automatically vacated. [355]  This provision does not apply to Members who occupy positions as Ministers or who are appointed to the Ministry in the course of a session. [356]  A Member must also resign if he or she becomes a member of a provincial legislature. [357]  In the event a Member accepts an office after a general election but before Parliament first meets, any other Member may notify the Chief Electoral Officer of the vacancy. The Chief Electoral Officer will then issue a writ for an election of a Member to fill the vacancy. [358] 

Controverted Election Result

A vacancy in the representation of the House may occur as a result of a controverted election. As discussed earlier in this chapter, a judicial decision concerning a controverted election may void the election result, depriving the person first declared elected of his or her seat. In this case, the Speaker informs the House of the decision and then addresses a warrant to the Chief Electoral Officer to issue a writ for the election of a Member to fill the vacancy. [359] 

Expulsion

Once a person is elected to the House of Commons, there are no constitutional provisions and few statutory provisions for removal of that Member from office. The statutory provisions rendering a Member ineligible to sit or vote do not automatically cause the seat of that Member to become vacant. [360]  Indeed, the laying of a criminal charge against a Member has no effect on his or her eligibility to remain in office. By virtue of parliamentary privilege, the House has the inherent right to decide matters affecting its own membership: the House decides for itself if a Member should be permitted to sit on committees, receive a salary or even be allowed to keep his or her seat. [361]  The power of the House to expel one of its Members derives from its traditional authority to determine whether Members are qualified to sit. A criminal conviction is not necessary for the House to expel a Member; the House may judge a Member unworthy to sit in the Chamber for any conduct unbecoming the character of a Member. Even if convicted of an indictable offence, a formal resolution of the House is still required to unseat a Member. [362]  Expulsion terminates the Member’s mandate: the House of Commons declares a seat vacant and orders the Speaker to address a warrant to the Chief Electoral Officer for the issue of a writ of election. [363] 

The determination of whether a Member is ineligible to sit and vote is a matter initiated without notice and would be given precedence by its very nature. [364]  When there has been a criminal conviction, the House of Commons has acted only when sufficient evidence against a Member has been tabled (i.e., judgements sentencing the Member and appeals confirming the sentence). [365]  Any Member may move to examine the conduct of another Member, and the Member whose conduct is in question is permitted to make a statement and then withdraw from the Chamber while the motion to expel him or her is being debated. [366] 

Since Confederation, there have been four cases where Members of the House of Commons were expelled for having committed serious offences. [367] Three cases involved criminal convictions: Louis Riel (Provencher) was expelled twice, in 1874 [368]  and in 1875, [369]  for being a fugitive from justice; and Fred Rose (Cartier) was expelled in 1947 after having been found guilty of conspiracy under the Official Secrets Act[370]  In 1891, Thomas McGreevy (Quebec West) was expelled after having been found guilty of contempt of the authority of the House. [371] 

Expulsion does not disqualify a Member from standing for re-election, unless the cause of the expulsion constitutes in itself a disqualification to sit and vote in the House (for example, such as being convicted of an illegal or corrupt election practice). [372]  Indeed, on two occasions a Member who had been expelled from the House sought re-election: following his first expulsion from the House in April 1874, Louis Riel was re-elected in a by-election in September 1874; Thomas McGreevy was re-elected to the House in a by-election on April 17, 1895. [373]

[1] 
For a description of various electoral systems, see Jackson and Jackson, pp. 426-34.
[2] 
Indeed, the number of Members a party elects does not necessarily reflect the proportion of votes it received at the national level, as has been clearly demonstrated in numerous general elections. As an example, in the election of 1968, the Liberal Party polled 45% of the votes cast and won 59% of the seats in the House; in 1984, the Progressive Conservative Party polled 50% of the votes cast and won 75% of the seats in House. See Dawson’s The Government of Canada, 5th ed., pp. 314-5; 6th ed., p. 85.
[3] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 40. Until the 1968 general election, some electoral districts were entitled to return two Members to the House of Commons. In each two-Member constituency, voters were entitled to cast two votes; the two candidates with the most votes won. See Norman Ward, “Voting in Canadian Two-Member Constituencies”, in Voting in Canada (ed. John C. Courtney), Scarborough: Prentice-Hall of Canada Ltd., 1967, pp. 125-9, for a historical perspective of two-Member constituencies.
[4] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 37.
[5] 
See Norman Ward, “A Century of Constituencies”, Canadian Public Administration 10 (1967) as reprinted in Representation and Electoral Systems Canadian Perspectives, J. Paul Johnson and Harvey E. Pasis (editors), Scarborough: Prentice-Hall Canada Inc., 1990, p. 207.
[6] 
An Act to amend and continue the Act 32 and 33 Victoria, chapter 3, and to establish and provide for the Government of the Province of Manitoba, S.C. 1870, c. 3.
[7] 
See Journals, March 31, 1871, p. 198; May 20, 1873, p. 402.
[8] 
Northwest Territories Representation Act, 1886, S.C. 1886, c. 24; The Yukon Territory Representation Act, 1902, S.C. 1902, c. 37.
[9] 
See An Act to readjust the representation of the provinces of Saskatchewan and Alberta in the House of Commons and to amend the Representation Act, S.C. 1907, c. 41.
[10] 
An Act to approve the terms of the union of Newfoundland with Canada, S.C. 1949, c. 1.
[11] 
An Act to amend the British North America Acts, 1867 to 1951, with respect to the Readjustment of Representation in the House of Commons, S.C. 1952, c. 15; An Act to amend the Representation Act, S.C. 1962, c. 17.
[12] 
Nunavut Act, S.C. 1993, c. 28; An Act to amend the Nunavut Act and the Constitution Act, 1867, S.C. 1998, c. 15, ss. 25, 45.3.
[13] 
In 1865, at the time of the Confederation debates, then Attorney General John A. MacDonald (later Canada’s first Prime Minister) explained that Quebec was chosen as the pivotal province because it was “the best suited for the purpose, on account of the comparatively permanent character of its population and from its having neither the largest nor the least number of inhabitants …” (Confederation Debates, February 6, 1865, p. 38).
[14] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 51. A less detailed census takes place every five years.
[15] 
See Norman Ward, The Canadian House of Commons: Representation, Toronto: University of Toronto Press, 1950, pp. 39-41.
[16] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 51A. This clause was enacted as the Constitution Act, 1915, R.S.C. 1985, Appendix II, No. 23. Prince Edward Island was guaranteed four seats and Nova Scotia and New Brunswick 10 each. At the time of Confederation, the Senate had 72 appointed members, 24 members each from Quebec, Ontario and the Maritimes (12 for Nova Scotia and 12 for New Brunswick). When Manitoba joined Confederation in 1870, it was given two Senators; in 1871 British Columbia received three and Prince Edward Island four (two from each of the other Maritime Provinces; see s. 147 of the Constitution Act, 1867); Alberta and Saskatchewan were granted four Senators each in 1905. The Senate was reconstituted at 96 by the Constitution Act, 1915. Six more Senators were added when Newfoundland joined Canada in 1949 and one Senator each was added for the Yukon Territory and the Northwest Territory in 1975. In 1999, one Senator was added for the new territory of Nunavut. The Senate ordinarily has 105 members.
[17] 
Journals, July 5, 1943, pp. 582-4.
[18] 
Only the provinces of Quebec, Manitoba, Saskatchewan and British Columbia would have had seats in proportion to their population. See Ward, The Canadian House of Commons: Representation, p. 53.
[19] 
See the Constitution Act, 1946, R.S.C. 1985, Appendix II, No. 30. For additional information, see Ward, The Canadian House of Commons: Representation, pp. 54-5.
[20]
The entry of Newfoundland in 1949 increased this total to 262.
[21] 
See the Constitution Act, 1952, S.C. 1952, c. 15, s. 1. This was the first constitutional amendment passed by the Parliament of Canada after the amending procedure for the Constitution was modified in 1949.
[22] 
S.C. 1974-75-76, c. 13. The President of the Privy Council, Mitchell Sharp, noted during second reading of this bill: “The amalgam method was devised as a means of ensuring that the population size of constituencies in Canada would not grow to a point where a Member’s ability to represent his constituents would be impaired, nor the access of constituents to their Member unduly restricted.” See Debates, December 2, 1974, p. 1846. For additional information, see Dawson’s The Government of Canada, 6th ed., p. 91.
[23] 
See Debates, December 2, 1974, pp. 1845-7, where Mitchell Sharp, President of the Privy Council, outlines the amalgam formula.
[24] 
See Journals, January 13, 1981, pp. 1138-9; Standing Committee on Privileges and Elections, Minutes of Proceedings and Evidence, July 6, 1982, Issue No. 21, pp. 5-7 (Fifth Report presented on July 8, 1982 (Journals, pp. 5132-3)). See also Journals, October 1, 1985, p. 1051; November 21, 1985, p. 1251.
[25] 
S.C. 1986, c.8, s. 2.
[26] 
As enacted by An Act to amend the Nunavut Act and the Constitution Act, 1867, S.C. 1998, c. 15, s. 25.
[27] 
In April 1994, the Standing Committee on Procedure and House Affairs was instructed to prepare and bring in a bill respecting the system of readjusting electoral boundaries and to consider a formula to cap or reduce the number of seats in the House of Commons (Journals, April 19, 1994, pp. 368-70). In its Fifty-First Report (presented on November 25, 1994 (Journals, p. 939)), the Committee concluded that a cap or reduction in the size of the House would not be feasible because of certain constraints set out in the Constitution, notably the senatorial clause, which can only be changed with the unanimous agreement of all provinces. Capping or reducing the size of the House, while maintaining the senatorial floor, would lead to certain provinces losing a significant number of seats while others would be protected. In addition, capping the size of the House would require repealing the grandfather clause which guarantees that provinces with declining populations maintain the same number of seats they had in 1986. See the Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, November 25, 1994, Issue No. 33, pp. 5-11.
[28] 
Gerrymandering is the manipulation of riding boundaries by the government party to ensure that the opposition’s vote is concentrated in as few constituencies as possible. John McMenemy explains in The Language of Canadian Politics, Waterloo: Wilfrid Laurier University Press, 1995, p. 122, that the term “gerrymander” comes from such a manipulation in Massachusetts in 1812 by the party of Governor Elbridge Gerry, which resulted in constituencies whose configurations resembled those of a salamander. In his book, The Canadian House of Commons: Representation, Professor Norman Ward briefly describes the 1872, 1882 and 1892 redistributions as being affected by gerrymandering (see pp. 26-9).
[29] 
Journals, April 14, 1903, p. 116.
[30] 
See Journals, February 19, 1914, p. 153; March 25, 1924, p. 81; November 25, 1932, p. 148; February 24, 1947, pp. 122-3; June 28, 1952, p. 618.
[31] 
For a more detailed look at the history of readjustment up to the 1960s, see Ward, “A Century of Constituencies”, pp. 207-20.
[32] 
See Ward, “A Century of Constituencies”, p. 211.
[33] 
See, for example, Debates, May 25, 1933, pp. 5468-9; February 21, 1947, pp. 698-9. Between 1958 and 1962, a private Member, Frank Howard (Skeena), annually introduced a bill to assign this task to an independent body.
[34] 
S.C. 1964-65, c. 31. The bill took over a year to get through Parliament because of disagreements over some of the major clauses. See Ward, “A Century of Constituencies”, pp. 212-6.
[35] 
If the chief justice of the province does not or cannot appoint someone for whatever reason, the Chief Justice of the Supreme Court may make the appointment (Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 5). This occurred in 1993 when the Chief Justice of the Supreme Court appointed the chairman of the British Columbia electoral boundaries commission. Originally, there was a fourth person appointed to each commission, a representation commissioner. The Office of Representation Commissioner was abolished in 1979, when the incumbent retired and most of his duties were transferred to the Chief Electoral Officer.
[36] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, ss. 4-6. After the Electoral Boundaries Readjustment Act was passed in 1964, many Members expected the Speaker to consult with party leaders prior to making appointments to the electoral boundaries commissions. Instead, the Speaker consulted with the chief justice in each province and the chairman of each commission, and generally appointed an university professor in political science and a citizen whose professional employment indicated some semblance of impartiality, such as the clerk of a legislature. See Ward, “A Century of Constituencies”, p. 216.
[37] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 10.
[38]
The Office of the Chief Electoral Officer is discussed in detail later in this chapter.
[39] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, ss. 13-4.
[40]
The Canada Gazette is a periodical publication of the Government of Canada containing orders in council and proclamations, regulations and other statutory instruments, and Acts of Parliament.
[41] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 20(1) as amended by c. 6 (2nd supp.), s. 4.
[42] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 15 as amended by c. 6 (2nd supp.), s. 2.
[43] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 19 as amended by c. 6 (2nd supp.), s. 3.
[44] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 20(2). The Chief Electoral Officer noted in an appearance before the Procedure and House Affairs Committee on February 3, 1994, that no extension had been given in the previous redistribution nor did he anticipate that it would in the 1993-94 redistribution process (Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, February 3, 1994, Issue No. 1, p. 15).
[45] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3. s. 21(1) as amended by c. 6 (2nd supp.), s. 5. See, for example, Journals, June 22, 1995, p. 1867. If the House is not sitting, the reports are tabled on any of the first five sitting days when the House returns. On June 10, 1994, the Standing Orders were amended to designate the Standing Committee on Procedure and House Affairs as the parliamentary committee responsible for electoral matters (see Journals, June 10, 1994, p. 563; Twenty-Seventh Report, Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, June 9, 1994, Issue No. 16, pp. 7-8. See also Standing Order 108(3)(a)(vi)).
[46] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 21(2).
[47] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 22 as amended by c. 6 (2nd supp.), s. 6.
[48] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 22 as amended by c. 6 (2nd supp.), s. 6. In 1995, because of the large number of objections filed, the Standing Committee on Procedure and House Affairs established four regional sub-committees to hear from Members and to make recommendations to the Committee (see Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence,October 17, 1995, Issue No. 52, pp. 25-6).
[49] 
See, for example, Journals, October 4, 1995, p. 1990; Debates, October 4, 1995, p. 15222. See also Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, October 17, 1995, Issue No. 52, p. 17.
[50] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-2, s. 22 as amended by c. 6 (2nd supp.), s. 6. See, for example, Journals, November 29, 1995, p. 2188. For the Committee’s final report on this matter in regard to the 1995 readjustment of electoral boundaries, see Standing Committee on Procedure and House Affairs, Minutes of Proceedings, November 28, 1995, Issue No. 53, pp. 16-118, in particular pp. 18-26.
[51] 
Until 1986, the Electoral Boundaries Readjustment Act contained provisions which allowed Members to discuss their objections to a report of an Electoral Boundaries Commission on the floor of the House. Four debates—in 1966, 1973, 1976 and 1983—were held under the Act’s provisions (S.C. 1964-65, c. 31, s. 20). Within 30 days of the tabling in the House of such a report, a motion for consideration of an objection to the report signed by not less than 10 Members could be filed with the Speaker. The motion would detail the provisions of the report objected to and the reasons for the objection. Within 15 days of the filing of the motion, time would be set aside under Government Orders for Members to voice their concerns about the report. Upon the conclusion of consideration of the objections, the Speaker was required to refer the objections and the relevant Debates pages back to the Commission. In 1986, the Act was amended to provide for the current procedure (Representation Act, 1985, S.C. 1986, c. 8, ss. 9-10).
[52] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 23(1).
[53] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 23(2). See, for example, Journals, March 4, 1996, p. 36.
[54] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 24 as amended by c. 6 (2nd supp.), s. 7.
[55] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 25(1).
[56] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 25(1).
[57] 
Electoral Boundaries Readjustment Act, R.S.C. 1985, c. E-3, s. 28.
[58] 
Representation Act, 1974, S.C. 1974-75-76, c. 13; Representation Act, 1985, S.C. 1986, c. 8.
[59] 
See Debates, May 1, 1992, pp. 9995-8. Bill C-67, the Electoral Boundaries Suspension Act was subsequently granted Royal Assent on June 18, 1992.
[60] 
See Debates, March 21, 1994, pp. 2518-20.
[61] 
Initially, when the House passed Bill C-18, the Electoral Boundaries Readjustment Suspension Act, 1994, at the third reading stage, the legislation stipulated that the electoral boundaries commissions would cease to exist and the operation of the Electoral Boundaries Readjustment Act would be suspended for 24 months on the day the Actwas assented to. However, the Senate amended the legislation to allow the commissions to hold public hearings on their proposals and fixed February 6, 1995, as the date on which the suspension would end (Journals, May 25, 1994, p. 478). The House concurred in the amendments proposed by the Senate with the exception of the February 6, 1995 date. The date was pushed back to June 22, 1995 and the legislation was eventually adopted by both Houses and assented to on June 15, 1994. See Journals, June 3, 1994, p. 528; June 9, 1994, p. 557; June 14, 1994, p. 585. See also Debates, June 3, 1994, pp. 4811-2.
[62] 
Journals, April 19, 1994, pp. 368-70.
[63] 
Journals, November 25, 1994, p. 939; Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, November 25, 1994, Issue No. 33, pp. 5-40.
[64] 
Journals, February 16, 1995, p. 1141.
[65] 
Journals, June 8, 1995, pp. 1600-1; June 14, 1995, pp. 1748-9; June 19, 1995, pp. 1786-8; June 20, 1995, pp. 1817-21. See also Debates, June 14, 1995, pp. 13854-5. The Senate objected to the provision whereby a commission would not be established in a province where there had not been a significant change in population, the reduction of the maximum deviation from the electoral quotient to 15% from 25%, parliamentary oversight of appointments to electoral boundaries commissions and the proposed definition for “community of interests”. The Senate also opposed the next election being held on the basis of electoral boundaries drawn after the 1981 census and not on the basis of electoral boundaries required to be redrawn after the 1991 census. See also Minutes of the Proceedings of the Senate, June 8, 1995, pp. 998-1001; Senate Debates, June 8, 1995, pp. 1725-7, 1730-5.
[66] 
Journals, June 22, 1995, p. 1867.
[67] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 40. See also Schedules 1 through 4.
[68] 
See, for example, Debates, June 27, 1989, pp. 3730-3.
[69] 
See, for example, Journals, June 27, 1989, pp. 468-70; September 16, 1992, pp. 2000-1. See also Journals,November 8, 1996, p. 856, and December 12, 1996, pp. 1007, 1010, where one bill altered the names of 22 electoral districts (An Act to change the names of certain electoral districts, S.C. 1996, c. 36). In 1998, a private Member introduced a similar bill to alter the names of a number of electoral districts. By unanimous consent, the bill was deemed introduced, read a first time and printed, deemed read the second time and referred to a Committee of the Whole, deemed reported without amendment, deemed concurred in at report stage and deemed read the third time and passed without debate or amendment. See Journals, May 28, 1998, p. 902; Debates, May 28, 1998, pp. 7317-8.
[70] 
R.S.C. 1985, c. E-2, ss. 76.1-78 as amended by S.C. 1989, c. 28, s. 1; and S.C. 1993, c. 19, ss. 34-5.
[71] 
R.S.C. 1985, c. P-1, ss. 21-4.
[72] 
R.S.C. 1985, Appendix II, No. 44, s. 3.
[73] 
Constitution Act, 1982, R.S.C. 1985, Appendix II, No. 44, s. 3.
[74] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 76.1 as amended by S.C. 1989, c. 28, s. 1(1). See also s. 50.
[75]
This usually occurs when a seat must be found for a party leader who is not a Member of Parliament. In these instances, the incumbent Member resigns his or her seat and a by-election takes place. For example, in 1983, Brian Mulroney was named leader of the Progressive Conservative Party of Canada. Later that year, Elmer McKay resigned his Central Nova seat and Mr. Mulroney won a by-election in the riding. In 1990, Jean Chrétien was elected to the leadership of the Liberal Party of Canada. Fernand Robichaud resigned his Beauséjour seat shortly thereafter and Mr. Chrétien won the seat in a by-election.
[76] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 21. Until 1919, candidates were permitted to contest more than one seat in a general election (An Act to amend the House of Commons Act, S.C. 1920, c. 18. s. 1). If a Member was returned for two constituencies, he had to formally resign one of the seats. It was the practice of party leaders routinely to seek two seats in an election. In the general election of 1878, at a time when the polls were not confined to one day exclusively due to geographic and other factors, Sir John A. Macdonald contested three seats. He was defeated in Kingston, Ontario, on September 17, yet was elected two days later in Marquette, Manitoba. Pursuant to the law at that time, upon his acceptance of the office of Prime Minister, he vacated that seat and was subsequently elected to represent Victoria, British Columbia, on October 21. In 1896, Sir Wilfrid Laurier won his own safe seat in Quebec East and also captured Saskatchewan (NWT) from the Opposition. He resigned the latter seat. In 1908, Sir Robert Borden won a safe seat in Carleton and a doubtful one in Halifax. He relinquished Carleton. In only 6 of the 14 instances where party leaders were candidates in more than one riding did the Member resign one of the seats immediately. See Ward, The Canadian House of Commons: Representation, pp. 81-2. However, if one of the elections was contested, the Member could not resign from either. This happened to Sir John A. Macdonald in 1882 and to Sir Wilfrid Laurier who held two seats from 1911 to 1917. In the case of a double return, when returning officers were unable to determine which of two or more candidates had been elected, each of the Members-elect was entitled to be sworn in, but neither could sit in the House nor vote until the matter had been resolved. See Bourinot, 4th ed., pp. 135-40, where special and double returns are described. See also Journals, March 27, 1871, p. 152; April 19, 1872, p. 27; April 25, 1872, pp. 44-6; May 13, 1872, p. 104; May 18, 1872, pp. 124-5.
[77] 
Between 1867 and 1885, five federal general elections were held with the electorate varying from province to province under the provincial election laws then in force. In all provinces, there were nonetheless three basic conditions: electors had to be male, 21 years of age and a British subject either by birth or naturalization (see A History of the Vote in Canada, Ottawa: Minister of Public Works and Government Services for the Chief Electoral Officer of Canada, 1997, p. 45). In 1885, control of the federal franchise was shifted to the federal level (Electoral Franchise Act, S.C. 1885, c. 40) and then back to the provinces in 1898 (The Franchise Act, 1898, S.C. 1898, c. 14). It was only in 1920 that Parliament regained control (see p. 40).
[78] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 41. See Confederation Debates, February 6, 1865, p. 39, where Sir John A. Macdonald said: “Insuperable difficulties would have presented themselves if we had attempted to settle now the qualification for the elective franchise.”
[79] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 41. Property qualifications in terms of real estate ranged at Confederation from $100 in New Brunswick to $150 in Nova Scotia to $300 in Ontario and Quebec. Citizens were allowed to vote in each area in which they owned property. See Ward, The Canadian House of Commons: Representation, pp. 63-5.
[80] 
See Bourinot, 1st ed., pp. 124-8. Twenty-five Members from Ontario and Quebec also sat in their provincial legislatures and, in both provinces, a majority of the Cabinet held federal seats.
[81] 
An Act to render Members of the Legislative Councils and Legislative Assemblies of the Provinces now included, or which may hereafter be included within the Dominion of Canada, ineligible for sitting or voting in the House of Commons of Canada, S.C. 1873, c. 2. Two Members of Prince Edward Island’s legislative assembly were elected to the House after dual representation was abolished: S.F. Perry in 1874 and J. E. Robertson in 1883. Mr. Perry was allowed to maintain his seat in the House while the House rejected Mr. Robertson’s election. For a historical perspective, refer to Ward, The Canadian House of Commons: Representation, pp. 65-9.
[82] 
Dominion Elections Act, S.C. 1873-74, c. 9, s. 20. These provisions were so widely accepted that they were only included in the statute when the Senate insisted on an amendment to the legislation stipulating that candidates be British subjects by birth or naturalization.
[83] 
Dominion By-Election Act, S.C. 1919, c. 48, s. D. See also Dominion Elections Act, S.C. 1920, c. 46, s. 38, which provided universal access to the vote without reference to property ownership. In 1917, when Parliament passed the Military Voters Act (S.C. 1917, c. 34), some 2000 military nurses received the right to vote. The War-time Elections Act (S.C. 1917, c. 39) conferred the right to vote on spouses, widows, mothers, sisters, and daughters of any persons who had served or were serving in the Canadian forces provided they met the age, nationality and residence requirements for electors in their respective provinces or the Yukon. Women received the franchise to vote in provincial elections in the following sequence: Manitoba (January 28, 1916); Saskatchewan (March 14, 1916); Alberta (April 19, 1916); British Columbia (April 5, 1917); Nova Scotia (April 26, 1918); Ontario (April 24, 1919); Prince Edward Island (May 3, 1922); Newfoundland (May 13, 1925); New Brunswick (March 9, 1934); Quebec (April 24, 1940). The general election of 1921 was the first one open to all Canadians, men and women, over the age of 21. Four women ran but only one was elected. Agnes Campbell MacPhail became the first woman elected to the House of Commons when she won a seat as an Independent for the rding of Grey South East in Ontario. She was re-elected four times. Between 1920 and 1945, only five women sat in the House (see Fraser, p. 67). Ellen Louks Fairclough became the first female Cabinet Minister on June 21, 1957, when she was appointed Secretary of State. For additional information on women and the franchise, see A History of the Vote in Canada, pp. 58-9, 61-8.
[84] 
Dominion Elections Act, S.C. 1948, c. 46, ss. 6, 12. For additional information on racial exclusions, see A History of the Vote in Canada, pp. 80-3. The residency requirement had long been a matter of concern in the House. See, for example, Debates, April 11, 1890, cols. 3197-8, where a Member explained to the House that although he had moved his residence to England, he did not intend to resign his seat in the House.
[85] 
An Act to amend the Canada Elections Act, S.C. 1955, c. 44, s. 4(1). For additional information on religious exclusions, see A History of the Vote in Canada, pp. 83-5.
[86] 
An Act to amend the Canada Elections Act, S.C. 1960, c. 7, s. 1. The first Aboriginal person to be elected to the House of Commons was Leonard S. Marchand (Kamloops–Caribou) on June 25, 1968. Peter Ittinuar (Nunatsiaq) was the first Inuit elected to the House in the general election of May 22, 1979. For additional information on aboriginals and the vote, see A History of the Vote in Canada, pp. 85-9.
[87] 
Canada Elections Act, S.C. 1969-70, c. 49, s. 14.
[88] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 77 as amended by S.C. 1993, c. 19, s. 34(5)(j).
[89] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 51(f), 77(h) as amended by S.C. 1993, c. 19, s. 23(3).
[90] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 77(e).
[91] 
Canada Elections Act, R.S.C. 1985, ss. 51(d), 77(h) as amended by S.C 1993, c. 19, ss. 23(1), 34(5).
[92] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 77(d), (g). This prohibition can also be found in the Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 22.
[93] 
Constitution Act, 1867, s. 39. As an example, Robert de Cotret was appointed to the Senate on June 5, 1979. He resigned from the Senate on January 14, 1980, to run, unsuccessfully, as a candidate in the February 18, 1980 general election.
[94] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 269. See also s. 77 as amended by S.C. 1993, c. 19, s. 34. A person found guilty of any corrupt practice is also disqualified from voting or holding office in the nomination of the Crown or of the Governor in Council.
[95] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 269. See also s. 77 as amended by S.C. 1993, c. 19, s. 34. If found guilty, the person cannot sit in the House of Commons, hold office in the nomination of the Crown or of the Governor in Council or vote in a federal election for five years.
[96] 
Ward, The Canadian House of Commons: Representation, p. 83.
[97] 
An Act further securing the independence of Parliament, S.C. 1867, c. 25. In 1871, the words “permanent or temporary” were added after the phrase “office, commission or employment” (Independence of Parliament Act, S.C. 1871, c. 19).
[98] 
An Act further securing the Independence of Parliament, S.C. 1878, c. 5. For a historical perspective, see Bourinot, 1st ed., pp. 128-37.
[99] 
Senate and House of Commons Act, S.C. 1931, c. 52.
[100] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 77(c), (f).
[101] 
In November 1989, the federal government appointed a five-person Royal Commission on Electoral Reform and Party Financing to inquire into and report on the process for electing Members to the House of Commons and the financing of political parties and candidates’ campaigns. Its report was tabled in the House on February 13, 1992, and contained 267 recommendations, including draft legislation. See Journals, February 13, 1992, p. 1016.
[102] 
In 1992, the Special Committee on Electoral Reform, which had been established to conduct a comprehensive review of the Lortie Commission’s report and to report its recommendations for changes in the Canada Elections Act, presented its report. The report comprised a draft bill which included these changes (see Special Committee on Electoral Reform, Minutes of Proceedings and Evidence, December 11, 1992, Issue No. 7, pp. 3-5, 29). Bill C-114, An Act to amend the Canada Elections Act, received Royal Assent on May 6, 1993 (Journals, p. 2935).
[103] 
See Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 32-4 as amended by c. 1 (4th supp.), s. 29.
[104] 
Dominion Elections Act, S.C. 1920, c. 46, ss. 18-9. Prior to 1920, the Dominion Elections Act, 1874 (S.C. 1874, c. 9, ss. 64-7) assigned to the Clerk of the Crown in Chancery some of the duties now carried out by the Chief Electoral Officer. The Clerk of the Crown in Chancery was always present at the Table of the House of Commons at the commencement of a new Parliament to hand to the Clerk of the House the roll or return book containing the list of Members elected. He issued writs for elections, made certificates to the House of the return of Members and performed other functions relating to elections. For additional information on the role of the Clerk of the Crown in Chancery, see Bourinot, 4th ed., pp. 188-9.
[105] 
Dominion Elections Act, S.C. 1920, c. 46, s. 19.
[106] 
An Act to amend the Dominion Elections Act, S.C. 1927, c. 53, s. 1. See also Canada Elections Act, R.S.C. 1985, c. E-2, s. 6(2). The Senate plays no role in the appointment.
[107] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 4(3).
[108]
Oliver Mowat Biggar (1920-27), Jules Castonguay (1927-49), Nelson J. Castonguay (1949-66), Jean-Marc Hamel (1966-90) and Jean-Pierre Kingsley (1990 to present).
[109] 
See, for example, Debates, April 12, 1927, pp. 2313-5; April 14, 1927, p. 2499; October 4, 1949, pp. 489-91; June 6, 1966, pp. 6049-51; February 16, 1990, pp. 8453-6.
[110] 
Journals, April 14, 1927, p. 560; October 4, 1949, p. 61.
[111] 
Journals, June 6, 1966, p. 615.
[112] 
Journals, February 16, 1990, p. 1234.
[113] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 6(1).
[114] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 4(2). His or her salary is equivalent to that of a judge of the Federal Court and cannot be raised or reduced without legislation (Canada Elections Act, R.S.C. 1985, c. E-2, s. 5(1)).
[115] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 8, 71 as amended by S.C. 1996, c. 35, s. 22.
[116] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 255. The Commissioner is appointed by the Chief Electoral Officer.
[117] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 304.
[118] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(3).
[119] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 192(1) as amended by S.C. 1993, c. 19, s. 100.
[120] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 195(1) as amended by S.C. 1993, c. 19, s. 101(1) and (2).
[121] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 195(3). See, for example, Journals, January 19, 1994, p. 28; September 24, 1997, p. 19.
[122] 
Standing Orders 32(5) and 108(3)(a)(vi).
[123] 
See, for example, Journals, April 24, 1995, p. 1350; September 16, 1996, p. 619; November 20, 1998, p. 1281; May 31, 1999, p. 1968.
[124] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 193(a) as amended by S.C. 1996, c. 35, s. 49.
[125] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 193(b).
[126] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 171(3)-(5) as amended by S.C. 1993, c. 19, ss. 96(2), 98.
[127] 
Standing Order 108(3)(a)(vi). See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, December 14, 1995, Issue No. 54, p. 18.
[128] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, October 3, 1995, Issue No. 52, pp. 30-1.
[129] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, March 24, 1994, Issue No. 6, pp. 7-8; June 7, 1994, Issue No. 15, pp. 5-6.
[130] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, May 9, 1995, Issue No. 50, pp. 4-5; Minutes, April 28, 1998, Meeting No. 22.
[131] 
See, for example, Standing Committee on Procedure and House Affairs, Minutes, November 20, 1997, Meeting No. 6; February 26, 1998, Meeting No. 14.
[132] 
See Jackson and Jackson, p. 435. This system even allowed a candidate who lost in one riding to run again in another riding. See A History of the Vote in Canada, p. 43.
[133] 
See A History of the Vote in Canada, p. 43. See also Appendix 11, “General Election Results Since 1867”.
[134] 
An Act respecting the Elections of Members of the House of Commons, S.C. 1874, c. 9.
[135] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 79(3). See also An Act to amend the Dominion Elections Act, S.C. 1929, c. 40, s. 15.
[136] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 105(5) as amended by S.C. 1996, c. 35, s. 44.1. However, a problem arose in Saskatchewan during the 36th general election when the polls were required to stay open later than elsewhere because the province remains on standard time in the summer. See A History of the Vote in Canada, p. 98.
[137] 
See, for example, Journals, Second Session, Thirty-Fifth Parliament (February 1996-April 1997), p. 1561. For information on the discretionary powers of the Governor General, see Chapter 1, “Parliamentary Institutions”.
[138] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(2) as amended by S.C. 1993, c. 19, s. 3. See, for example, Journals, First Session, Thirty-Fifth Parliament (January 1994-February 1996), p. v.
[139] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(3) as amended by S.C. 1993, c. 19, s. 3.
[140] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(4) as amended by S.C. 1996, c. 35, s. 2. Until 1982, the Canada Elections Act did not provide for a minimum campaign period, although campaigns averaged about 60 days. Since 1982, the minimum length of election campaigns has gone from 50 days (Canada Elections Act, S.C. 1980-81-82, c. 96, s. 2) to 47 days (Canada Elections Act, R.S.C. 1985, c. E-2, s. 12(4) as amended by S.C. 1993, c. 19, s. 3) to 36 days. See also Final Report of the Royal Commission of Electoral Reform and Party Financing, Vol. 2, 1991, p. 79. Prior to the passage of the 1996 amendments, the enumeration or collection of names of voters was done after an election was called. Since mid-campaign enumeration is no longer required because of the establishment of a permanent register of electors, it was feasible to shorten the election campaign period to 36 days.
[141] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 12(5), 73(1)(c).
[142] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 79(5), 85 as amended by S.C. 1996, c. 35, s. 41.
[143] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 81(1)(j) as amended by S.C. 1993, c. 19, s. 38(4). Fifty percent of the deposit will be returned if the candidate’s election expenses and unused official receipts are submitted within the required time. The other 50% is returned if the candidate receives at least 15% of the valid votes cast in his or her electoral district (Canada Elections Act, R.S.C. 1985, c. E-2, s. 84(2)-(3) as amended by S.C. 1993, c. 19, s. 41).
[144] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 88 as amended by S.C. 1993, c. 19, s. 42.
[145] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 92.
[146] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 73(1)(b) as amended by S.C. 1996, c. 35, s. 40.
[147] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 73(1)(c) as amended by S.C. 1993, c. 19, s. 32(1) and S.C. 1996, c. 35, s. 40.
[148] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 189. If the date set for the official addition of the votes is the day immediately following the polling day, then the earliest the writs could be returned would be seven days following the general election. When the returning officer is, for some reason, not in receipt of all the necessary information, the count may be postponed for a period not exceeding two weeks (s. 172).
[149] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 189-90.
[150] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 171(1) as amended by S.C. 1993, c. 19, s. 96(1).
[151] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 177.
[152] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 177-85.
[153] 
In the event of a tie after a judicial recount, the returning officer casts the deciding vote (Canada Elections Act, R.S.C. 1985, c. E-2, s. 184(2)).
[154] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 189.
[155] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 192(1)(b) as amended by S.C. 1993, c. 19, s. 100.
[156] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 195.
[157] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 196(1).
[158] 
See, for example, Journals, January 17, 1994, pp. 2-9; September 22, 1997, pp. 1-7.
[159] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 28(1). See, for example, Journals, December 12, 1988, pp. 7-8; February 6, 1995, p. 1075; June 1, 1999, p. 2033. In the absence of the Speaker, any two Members may address the warrant to the Chief Electoral Officer (see s. 28(2)). See also section entitled “Vacancies in Representation”.
[160] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 31(1) as amended by S.C. 1996, c. 35, s. 87.1.
[161] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 79(1).
[162] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 329. See also Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 31(3).
[163] 
Election Expenses Act, S.C. 1973-74, c. 51.
[164] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 2.
[165] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 208-47 as amended by S.C. 1993, c. 19, ss. 106-8, and S.C. 1996, c. 35, ss. 53-4. See also sections 14 and 15 of the Thirty-Fifth Report of the Standing Committee on Procedure and House Affairs, presented in the House on June 18, 1998 (Journals, September 21, 1998, p. 1039), where election expenses and spending limits are discussed.
[166] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 210.
[167] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 228, 230(1).
[168] 
Canada Election Act, R.S.C. 1985, c. E-2, s. 236(1). In 1966, a question of privilege was raised in regard to the validity of votes cast by a Member who had failed to file his return of election expenses on time. A few days later the court issued a ruling excusing the Member for having failed to file his election expenses return. Speaker Lamoureux subsequently ruled that the House is the judge of its own proceedings regardless of any court order. The Speaker added that it was the House, not the Speaker, which had the authority to make decisions regarding the exercise of Members’ rights (Debates, February 21, 1966, pp. 1509-11; February 28, 1966, pp. 1843-4; March 1, 1966, pp. 1939-40).
[169] 
Canada Elections Act, R.S.C. 1985, c. E-2, ss. 241-3. Fifty percent of the candidate’s deposit is also returned if he or she obtains 15% of the valid vote cast in his or her electoral district.
[170] 
Election Expenses Act, S.C. 1973-74, c. 51, s. 11.
[171] 
An Act to amend the Canada Elections Act, S.C. 1977-78, c. 3, s. 45.
[172] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 257.
[173] 
The principal statute is the Dominion Controverted Elections Act, R.S.C. 1985, c. C-39. Others include the Corrupt Practices Inquiries Act, R.S.C. 1985, c. C-45; Disfranchising Act, R.S.C. 1985, c. D-3; Canada Elections Act, R.S.C. 1985, c. E-2. The Corrupt Practices Inquiries Act was adopted in 1876 and provides for the establishment of a commission of inquiry to investigate the existence of corrupt or illegal practices at the election of Members of the House of Commons (see S.C. 1876, c. 9 and c. 10). The Disfranchising Act was enacted in 1894 and provides for the presentation to the courts of a petition alleging bribery in an election and provides for the disenfranchisement of electors who have taken bribes (see S.C. 1894, c. 14).
[174] 
Canada Elections Act, R.S.C. 1985, c. E-2, s. 269; Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, ss. 50, 51, 54, 57; Criminal Code, R.S.C. 1985, c. C-46, s. 750 as amended by S.C. 1995, c. 22, s. 6.
[175] 
Bourinot, 4th ed., p. 134. See also Corrupt Practices Inquiries Act, R.S.C. 1985, c. C-45. Any 25 or more electors of a district may sign a petition stating that no petition charging the existence of corruption or illegal practices has been presented under the Dominion Controverted Elections Act and that corrupt or illegal practices have, or there is reason to believe that corrupt or illegal practices have, prevailed at the election of a Member (s. 3(b)). The petition must be presented to the House of Commons either within 60 days after publication in the Canada Gazette of the notice of the return of the writ of election by the Chief Electoral Officer, if Parliament is sitting at the expiration of the 60 days, or if Parliament is not sitting, within the first 14 days of the meeting of Parliament (s. 4). The petition would be presented to the House by a Member. If the House agrees that corrupt practices did take place or may have taken place, or that the matter should be further investigated, the Actprovides that the House may by Address represent to the Governor General that a petition in the proper form has been presented to the House and that the House prays the Governor General to cause an inquiry to be made by one of the persons listed in the Act (s. 3).
[176] 
See, for example, Debates, February 2, 1938, p. 105.
[177] 
Debates, July 20, 1943, pp. 5092-103.
[178] 
An election petition is “a petition complaining of an undue return or undue election of a member, of no return or a double return, of matters contained in a special return made or of any unlawful act by any candidate not returned by which he is alleged to have become disqualified to sit in the House of Commons” (Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 2(1)). See section below, “The Election Petition”.
[179] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39. See also the Thirty-Fifth Report of the Standing Committee on Procedure and House Affairs, presented in the House on June 18, 1998 (Journals, September 21, 1998, p. 1039). The Committee recommended that this Act be repealed and its provisions incorporated into the Canada Elections Act (see section 10 of the report).
[180] 
See Journals, November 21, 1867, pp. 26-7; May 4, 1869, p. 57; March 1, 1871, p. 39; October 27, 1873, pp. 120-1.
[181] 
For a historical perspective on controverted elections, see Bourinot, 1st ed., pp. 117-23, and Norman Ward, “Electoral Corruption and Controverted Elections”, Canadian Journal of Economics and Political Science, Vol. 15, No. 1, February 1949, pp. 74-86.
[182] 
Controverted Elections Act, S.C. 1873, c. 28.
[183] 
Dominion Controverted Elections Act, 1874, S.C. 1874, c. 10.
[184] 
Patrick Boyer notes in Election Law in Canada, Vol. 2, Toronto: Butterworths, 1987, p. 1067: “The offences which have traditionally given rise to election petitions—bribery, treating, conveying voters to the poll and the like—have been on the statute books for quite some time, and those in the election process have generally become aware of the tolerable levels for campaign activities and the limits of the law in this regard.”
[185] 
In 1949: Annapolis–Kings, Nova Scotia (Journals, March 6, 1950, pp. 68-84); in 1957: Yukon (Journals, October 23, 1957, pp. 37-44); in 1962: St. John’s West, Newfoundland (Journals, November 8, 1962, pp. 231-46); in 1968: Comox–Alberni, British Columbia (Journals, February 14, 1969, pp. 701-6); in 1988: York North, Ontario (Journals, June 7, 1990, pp. 1850-1). In the latter case, the Progressive Conservative candidate, Michael O’Brien, had initially been declared the winner in the riding of York North in the 1988 federal election. Three days later, as a result of a recount, the Liberal candidate, Maurizio Bevilacqua, was declared the winner. Mr. O’Brien sought a judicial recount, was declared the winner by 99 votes, was sworn in, and participated in the Canada-U.S. free-trade agreement debate in the short-lived First Session of the Thirty-Fourth Parliament. Mr. Bevilacqua appealed the recount and was subsequently declared the sitting Member by 77 votes (see Journals, April 3, 1989, pp. 2-3). Mr. O’Brien then filed an election petition. Two Ontario supreme court judges found that the number of irregularly cast ballots in the 1988 election had exceeded Mr. Bevilacqua’s 77-vote plurality over Mr. O’Brien. The election was subsequently voided. In a by-election held December 10, 1990, Mr. Bevilacqua was declared the winner.
[186] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, ss. 5(1), 11. See also s. 2(1) for a list of the designated courts. An election petition once filed can be withdrawn only with the leave of the court or the trial judges (see s. 78).
[187] 
Any type of wrongdoing or lack of legal capacity which can be said to have resulted in an election that is not valid (Boyer, Election Law in Canada, p. 1062).
[188]
When the returning officer fails to return the writ of election. This would be unlikely to happen today because the returning officer is specifically required by the Canada Elections Act to return the writ of election.
[189]
Where the votes given to two candidates in a constituency are equal and the returning officer returns the writ with both names endorsed on the back. This happened in the early years of Confederation when the returning officer did not have a casting vote to break a tie. Today, returning officers have the right to cast a deciding ballot between two candidates.
[190] 
Patrick Boyer notes in Election Law in Canada (p. 1065) that the statutes are silent as to what constitutes a special return. He writes: “A special return would presumably involve a writ returned under anything but the normal circumstances of the returning officer certifying the name of the member elected on the writ after the official addition of votes and dispatching it to the Chief Electoral Officer. There are basically three cases where a return might be made other than in the normal course: (1) on the death of a nominated candidate; (2) where there has been a delay in the official addition due to the loss of ballot boxes or inability to obtain poll statements; or (3) following an official recount where the result in the original writ as returned has been changed.”
[191] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 9(2).
[192] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 12. The deposit is security for the payment of all costs, charges, and expenses that the petitioner may have to pay.
[193] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 27(2). In 1981, Speaker Sauvé informed the House that she had received a certificate of judgement from the trial judges appointed for the trial of a petition in the matter of the election in the Electoral District of Spadina. The judges found that the petition had abated by reason of the seat being vacated and by the Speaker directing the Chief Electoral Officer to issue a writ for a by-election. In this instance, the Member (Peter Stollery) had resigned his seat upon being appointed to the Senate. See Journals, October 14, 1981, pp. 2875-6.
[194] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 82.
[195] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 37(1) and (2). Notice of the time and place at which an election petition will be tried must be given not less than 14 days before the trial date (s. 37(3)).
[196] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 58(1).
[197] 
See Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, ss. 64-9.
[198] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, ss. 60-1.
[199] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 72.
[200] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 71.
[201] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 70.
[202] 
See, for example, Journals, December 12, 1968, pp. 517-27; February 23, 1976, pp. 1043-4.
[203] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, s. 70.
[204] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39, ss. 50, 57. Note also ss. 52-4.
[205] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39,s. 70. See, for example, Journals, June 7, 1990, pp. 1850-1. In 1877, in response to questions concerning the power of the House to order the issue of writs when seats become vacant by a decision of the courts, Speaker Anglin confirmed in a ruling that it was the express duty of the Speaker to order the issue of a writ (Journals, March 1, 1877, pp. 84-6; Debates, March 5, 1877, p. 436).
[206] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 31(1) as amended by S.C. 1996, c. 35, s. 87.1.
[207] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, s. 128.
[208] 
Constitution Act, 1867, R.S.C. 1985, Appendix II, No. 5, Fifth Schedule. Found below the Fifth Schedule is a note which reads as follows: “The Name of the King or Queen of the United Kingdom of Great Britain and Ireland for the Time being is to be substituted from Time to Time, with proper Terms of Reference thereto.”
[209] 
Affirmation is not mentioned in the Constitution. See Beauchesne, 4th ed., pp. 13-4.
[210] 
See R.W. Perceval and P.D.G. Hayter, “The Oath of Allegiance”, The Table, Vol. XXXIII, 1964, pp. 85-90. The authors state that the oath of allegiance taken by barons during the Middle Ages is not historically connected to the oath of allegiance now required before a Member may take his seat in the Commons.
[211] 
Redlich, Vol.II, p. 62.
[212] 
Redlich, Vol. II, p. 63. Transubstantiation, according to the Roman Catholic church, is the conversion in the Eucharist of the whole substance of the bread into the body and of the wine into the blood of Christ, with only the appearance of bread and wine remaining. See An Act for the More Effectual Preserving the King’s Person and Government by Disabling Papists from Sitting in Either House of Parliament found in English Historical Documents 1660-1714, Andrew Browning (ed.), London: Eyre and Spottiswoode, 1953, pp. 391-4.
[213] 
A History of the Vote in Canada, p. 7. The oath of abjuration also included the words “on the true faith of a Christian”, which prevented Jews from taking the oath. See Wilding and Laundy, p. 503. See May, 1st ed., pp. 461-3, for the wording of the three oaths.
[214] 
Redlich, Vol. II, p. 63. Twenty-seven years earlier, in 1831, the Legislative Assembly of Lower Canada had passed a bill allowing Jews who were natural-born British subjects the right to seek public office and the following year, the legislation was approved by the British Parliament. See O’Brien, pp. 139-42.
[215] 
Redlich, Vol. II, pp. 63-4. According to Wilding and Laundy, the right to make an affirmation was given by the Promissory Oaths Act, 1868. However, there were some objections when a new Member, Charles Bradlaugh, who had no religious beliefs, attempted to affirm instead of taking an oath on the Bible. The Member was excluded from the House. On three separate occasions, he was re-elected to the House and subsequently excluded when he attempted to affirm. On the fifth occasion in 1886, the Speaker would not listen to any objections when the Member took the oath in the ordinary form. In 1888, the Member succeeded in having the Oaths Act adopted. See Wilding and Laundy, pp. 10-11, 53-4.
[216] 
See John Garner, The Franchise and Politics in British North America 1755-1867, Toronto: University of Toronto Press, 1969, pp. 131-2.
[217] 
See A History of the Vote in Canada, pp. 10-2.
[218] 
See Garner, pp. 141-3. See also J. Murray Beck, The Government of Nova Scotia, Toronto: University of Toronto Press, 1957, pp. 51-2. See also Journal and Proceedings of the House of Assembly, Nova Scotia, April 3, 1823, pp. 292-3.
[219] 
R.S.C. 1985, Appendix II, No. 2, s. 7. The Act made no provision for an elected assembly; government was entrusted to a governor and a legislative council, both appointed by the Crown.
[220] 
R.S.C. 1985, Appendix II, No. 3, s. 29.
[221] 
R.S.C. 1985, Appendix II, No. 4, s. 35.
[222] 
R.S.C. 1985, Appendix II, No. 4, s. 36.
[223] 
S.C. 1867-68, c. 36. Section 3 of the Actspecified that the form of the oath described in the Act did not supersede the oath described in the Constitution Act, 1867 for Members of Parliament. Section 5 further clarified that the affirmation could be made in lieu of the oath in civil cases. No mention is made of the solemn affirmation for Members of Parliament. See also Oaths of Allegiance Act, R.S.C. 1985, c. O-1.
[224] 
Beauchesne, 4th ed., p. 13.
[225] 
When the House meets for the first time for the despatch of business, the Clerk lays upon the Table the list of duly elected Members certified by the Chief Electoral Officer. The certificate and list are printed in the Journals (see, for example, Journals, September 22, 1997, pp. 1-7). Prior to 1888, Members were permitted to take the oath and their seats on production of the certificate of the Returning Officer in advance of the certificate of the Clerk of the Crown in Chancery, but this practice was discontinued owing to the risk of numerous legal difficulties (see Bourinot, 4th ed., p. 149).
[226] 
For a recent example of appointments for the purpose of administering the oath, see Journals, September 22, 1997, p. 1.
[227] 
Following the 36th general election and prior to the opening of Parliament, three of the opposition parties (i.e., the Reform Party, the New Democratic Party and the Progressive Conservative Party) opted to have a collective swearing-in ceremony for their Members. Each ceremony took place in a committee room in the Centre Block. The leader of the party was sworn in first and then the Members recited the oath of allegiance or solemn declaration. Each Member was then invited by the Clerk to sign the Test Roll. The ceremonies were broadcast on the parliamentary channel. In June 1985, the Special Committee on the Reform of the House of Commons had recommended that public awareness of the swearing-in ceremony be increased by broadcasting the ceremony on national television in a similar fashion as is done for the swearing-in of a new cabinet. Members would also be required to take the oath individually. (See pp. 57-8 of the Third Report of the Special Committee on the Reform of the House of Commons, presented on June 18, 1985 (Journals, p. 839)). In its response to the Committee’s report, the government suggested that the House refer this matter to the Board of Internal Economy for consideration and decision (see p. 10 of the Response of the Government of Canada to the Second and Third Reports of the Special Committee on the Reform of the House of Commons (Journals, October 9, 1985, p. 1082)). No subsequent action was taken at that time.
[228] 
There is an interesting anecdote about the swearing-in of Louis Riel. Louis Riel was duly elected in the riding of Provencher, first in a by-election in 1873 and then in the general election of 1874. While avoiding arrest, he travelled to Ottawa and succeeded in taking the oath of allegiance and signing the Test Roll before the Clerk noticed the signature on the Roll. See Marc Bosc (ed.), The Broadview Book of Canadian Parliamentary Anecdotes, Peterborough: Broadview Press Ltd., 1988, pp. 22-3.
[229] 
Beauchesne, 4th ed., p. 14. There do not appear to be any cases of Members refusing to take the oath of allegiance. In 1988, following the 34th general election, one Member-elect, John Dahmer (Beaver River) was hospitalized. Arrangements were made to have the Deputy Clerk fly to his bedside to swear him in. Unfortunately, the Member-elect died before the swearing-in ceremony could take place.
In the British House of Commons, on May 14, 1997, in regard to the election of Sein Fein members, Speaker Betty Boothroyd remarked:  "The services that are available to all other Members from the six Departments of the House and beyond will not be open for use by Members who have not taken their seats by swearing or by affirmation".  See British House of Commons Debates, May 14, 1997, cols. 35-6.  See also May, 22nd ed., pp. 242-3, which states that a Members who has not taken the oath may not sit and vote in the House, is fined and the seat is vacated in the same manner as if the Member were deceased.  In Addition, the Member would not receive a salary.
[230] 
In 1875, the Speaker brought to the attention of the House that a Member who had been duly elected in a by-election had sat and voted in the Chamber without having first taken and subscribed the oath of allegiance (Debates, February 22, 1875, p. 260). George Turner Orton (Centre Wellington) had first been elected in the general election and had been sworn in. Subsequently, his election was overturned. The Member explained that, because he had already sworn the oath, he did not realize he had to be sworn in again upon his re-election (Bourinot, 4th ed., pp. 150-1). The matter was referred to the Select Standing Committee on Privileges and Elections (Journals, February 25, 1875, p. 129). See Debates, February 24, 1875, pp. 322-3; February 25, 1875, pp. 324-5. In its report presented on March 8, 1875, the Committee noted that since neither the British North America Act nor any other statute provided a penalty in the event a Member omitted to take and subscribe the oath, the Member’s seat was not affected by the oversight. However, the Committee recommended that the votes taken by the Member before he took the oath be struck from the records (Journals, March 8, 1875, p. 176). The report was never considered by the House.
[231] 
Beauchesne, 4th ed., p. 14.Beauchesne expounds further that, for example, if a Member, during a state of war, were to make a statement, either outside of the House or on the floor of the Chamber, that was damaging to Canada, but favourable to the enemy, the House as a whole could decide to suspend or even expel the Member. Indeed, the House did expel a Member in 1947 when he was found guilty of treason (Journals, January 30, 1947, pp. 4-8). Expulsions from the House of Commons are discussed later in the chapter and in Chapter 3, “Privileges and Immunities”.
[232] 
That year, a new political party, the Bloc québécois, was founded and its first Member was elected in a by-election. As required, Gilles Duceppe (Laurier–Sainte-Marie) made a solemn affirmation and signed the Test Roll before taking his seat in the House; he also made another statement, similar to the oath required to be sworn by Members of the Quebec National Assembly, outside the Chamber expressing his loyalty to the people of Quebec. Jesse Flis (Parkdale–High Park) rose on a question of privilege concerning the meaning of the oath of allegiance and the duties and obligations of Members relating thereto. See Debates, October 3, 1990, pp. 13736-42.
[233] 
Debates, November 1, 1990, pp. 14969-70. Since 1990, private Members have introduced bills to require newly elected Members to swear an oath of allegiance to Canada and the Constitution as well as swearing allegiance to the Queen (see, for example, Debates, October 16, 1990, p. 14189; September 18, 1991, p. 2320; February 12, 1993, p. 15850; January 20, 1994, p. 72; June 18, 1996, p. 3989; September 25, 1997, p. 57).
[234] 
See Bourinot, 4th ed., pp. 149-53. For examples of introductions, see Debates, February 22, 1995, p. 9941; April 21, 1998, p. 5901. In a departure from this tradition, a newly elected Member from the Northwest Territories was formally introduced to the House on the fourth sitting day of the First Session of the Thirty-Fourth Parliament. Because the House had come back early from a general election, the Member’s election return had not arrived at the Office of the Chief Electoral Officer in time for the opening (see Debates, December 15, 1988, pp. 92-3). In 1980, when the election return of another Member from the Northwest Territories was received late, the Member was not introduced in the House, although the notice of the election return is indicated in the Journals (April 18, 1980, p. 47). In 1989, on the opening day of the Second Session of the Thirty-Fourth Parliament, the Speaker informed the House that the Clerk had received a substitute return of election. The successful candidate was subsequently introduced in the House (Journals, April 3, 1989, pp. 2-3; Debates, p. 1).
[235] 
This is a very old practice dating back to the seventeenth century in England (see Hatsell, Vol. II, p. 85).
[236] 
See Beauchesne, 4th ed., p. 17.
[237] 
In 1878, Speaker Anglin resigned his seat between sessions. He was re-elected in a by-election held before the new session began. When the new session opened, Mr. Anglin, along with several other Members, took the oath, signed the Roll and was in his seat for the election of the Speaker. When the Prime Minister, Alexander Mackenzie, moved that Mr. Anglin be elected Speaker, the Leader of the Opposition, Sir John A. Macdonald, protested the validity of the proceeding, claiming that Mr. Anglin had not been introduced to the House and could not be introduced until a Speaker had been elected and, thus, Mr. Anglin was not a Member and could not be elected Speaker. Mr. Mackenzie contended that, contrary to British practice, the practice in Canada had been that once a Member had been sworn in and signed the Roll, he was entitled to enter the House and take his seat. This view prevailed and the motion to elect Mr. Anglin was adopted shortly thereafter (see Debates, February 7, 1878, pp. 2-12).
[238]
In the case of an independent Member, Members of one of the opposition parties assume the ceremonial duties.
[239] 
See, for example, Debates, September 16, 1996, p. 4222; April 21, 1998, p. 5901.
[240] 
See, for example, Debates, April 15, 1996, p. 1461. The Members are usually introduced in alphabetical order.
[241] 
See, for example, Debates, February 20, 1969, pp. 5741-3; January 15, 1991, pp. 16981-3.
[242]
For more information on recognized parties, see Chapter 1, “Parliamentary Institutions”.
[243]
This rule does not apply when the House is conducting its proceedings as a Committee of the Whole where Members may sit and speak from any seat in the House. For additional information, see Chapter 13, “Rules of Order and Decorum”, and Chapter 19, “Committees of the Whole House”.
[244] 
For example, during the Thirty-Fifth Parliament (1994-97), the overflow of government Members sat to the immediate left of the Speaker. During the Twenty-Fourth Parliament (1958-62), the overflow of government Members sat to the left of the Speaker at the far end of the Chamber. During the Thirty-Third Parliament (1984-88) when there were 211 government Members, the overflow of government Members was situated both immediately to the left of the Chair and in the desks at the far end of the left-hand side of the Chamber, effectively splitting the overflow of government Members to book-end those Members of the opposition parties.
[245] 
During the Twenty-Fifth Parliament (1962-63), 19 Members of the New Democratic Party sat on the government side of the House at the far end of the Chamber. During the Second Session of the Twenty-Seventh Parliament (1967-68), two independent Members sat on the government side of the House at the far end of the Chamber. During the Thirty-First Parliament (1979), the five Members of the Social Credit Party sat on the government side of the House at the far end of the Chamber.
[246] 
In response to a point of order, Speaker Parent explained the process followed in assigning seats to parties (Debates, September 30, 1998, pp. 8584-5).
[247]
In 1994, at the beginning of the Thirty-Fifth Parliament (1994-97), the leader of the Reform Party (Preston Manning) chose to sit in the second row of seats; he eventually moved to the front benches.
[248] 
See Speaker Fraser’s ruling, Debates, September 24, 1990, pp. 13216-7. In 1963, a number of Social Credit Party Members from Quebec formed a new party, the Ralliement des Créditistes. As a result, Speaker Macnaughton was asked to decide a number of issues, including the recognition of parties and a new seating arrangement for the Chamber. In a statement given September 30, 1963, the Speaker informed the House that he believed the Chair should not be placed in a position to decide matters affecting the character or existence of a party because those decisions could be mistaken as political decisions. He concluded that the House itself had to resolve the various issues which had arisen as a result of the emergence of a new party. The House subsequently adopted a motion to refer these matters to the Standing Committee on Privileges and Elections (Journals, September 30, 1963, pp. 385-8). In its Second Report to the House, the Committee recommended that the NDP (which had become the third largest party in the House) be seated next to the Official Opposition; that the Social Credit Party be seated to the left of the New Democratic Party; and that the new party occupy the seats to the left of the Social Credit Party (Journals, October 9, 1963, p. 423). The report was concurred in on October 21, 1963 (Journals, pp. 465-6). At the beginning of the Thirty-Fifth Parliament (1994-97), “independent Members” included representatives of the New Democratic Party (nine Members), the Progressive Conservative Party (two Members), and independent Members (originally just one Member, but the numbers grew to four over the life of the Parliament). The Speaker assigned each independent Member a seat according to his or her precedence in the House. Later as the result of a point of order regarding the party status of the NDP, the Speaker modified the seating plan to allow the NDP and Progressive Conservative caucuses each to be seated together and identified as such. The other independent Members were assigned the remaining seats according to their seniority. See Debates, June 16, 1994, pp. 5437-40, in particular p. 5439.
[249] 
It appears from seating plans for the Chamber that the Speaker, normally a government Member, used to be assigned a desk on the government side near the Chair. No desk has been assigned to a Speaker since the Thirty-First Parliament (1979) when, following a change of government, Speaker Jerome was elected to a second term, becoming the first opposition Member to be nominated by the governing party to preside over the House. See Beauchesne, 6th ed., p. 37.
[250] 
See, for example, Debates, February 18, 1965, p. 11457; August 29, 1966, pp. 7731-2; December 3, 1969, p. 1532; May 4, 1971, p. 5470; June 27, 1978, pp. 6777-8; November 21, 1990, pp. 15526-9. In many instances, no record of the change in the party affiliation or status appears in the Debates or the Journals. The Speaker is advised of the change through correspondence or by means of a press release issued by the Member. During the Thirty-Third Parliament (1984-88), one government Member became an independent Member, and then a member of the New Democratic Party before finally sitting again as an independent Member (see Debates, May 14, 1986, p. 13268; December 16, 1986, p. 2152; October 26, 1987, p. 10384). During the Thirty-Fourth Parliament (1988-93), a government backbencher, Gilbert Chartrand (Verdun–St. Paul), chose to sit as an independent with other Members who had formed a new party, the Bloc Québécois; a year later, the same Member received permission to return to the Progressive Conservative Party caucus and sit with its Members (see Debates, May 22, 1990, p. 11631; April 9, 1991, pp. 19231-2).
[251] 
For examples of Members changing parties, see Debates, March 13, 1972, p. 745; March 7, 1979, p. 3910. On April 20, 1977, an Opposition Member, Jack Horner (Crowfoot), crossed the floor to the governing party and was appointed Minister without Portfolio the following day. The decision of Members to leave the party under which they were elected to form a new group has occurred on at least three occasions since Confederation. In February 1943, three Members from Quebec left the Liberal Party to form the Bloc populaire canadien in response to the introduction of conscription (see Debates, February 10, 1943, pp. 309-13; February 18, 1943, pp. 532-7, 542-5). In 1963, members of the Quebec wing of the Social Credit Party broke away to form a new group called the Ralliement des Créditistes (see Journals, September 30, 1963, pp. 385-8). In 1990, in response to the failure of the Meech Lake Accord, eight Members of different political affiliations formed a new party, the Bloc québécois (see Debates, May 18, 1990, pp. 11615-7; May 22, 1990, pp. 11631, 11662-4; June 26, 1990, pp. 13087-8, 13121-3).
[252] 
Franks, p. 87. For additional information on the role of the Member, see Fraser, pp. 58-63, and Supporting Democracy, Commission to Review Allowances of Members of Parliament, Ottawa: Minister of Public Works and Government Services, Vol. 2, 1998, pp. 59-83.
[253] 
See Standing Orders 15 to 23. The Standing Orders contain provisions requiring Members to attend the business of the House, register foreign travel in certain instances, and disclose any pecuniary interest in a question before a vote. A number of other obligations, including dress code and decorum, are discussed in Chapter 13, “Rules of Order and Decorum”.
[254] 
R.S.C. 1985, c. P-1 as amended by c. 31, 42 (1st supp.), c. 38 (2nd supp.), c. 1 (4th supp.), S.C. 1991, c. 20 and c. 30, S.C.1993, c. 13 and c. 28, S.C. 1994, c. 18, S.C. 1996, c. 16 and c. 35, and S.C. 1997, c. 32. For example, the Parliament of Canada Act prohibits Members from entering into a contract directly with the Government of Canada or from receiving any benefit under contract with the Government of Canada.
[255] 
R.S.C. 1985, c. C-46 as amended by S.C. 1995, c. 22, s. 6. The most serious breaches of ethical behaviour are dealt with in the Criminal Code by making offences of bribery, influence peddling and breach of trust.
[256] 
Standing Order 15: “Every Member, being cognizant of the provisions of the Parliament of Canada Act, is bound to attend the sittings of the House, unless otherwise occupied with parliamentary activities and functions or on public or official business”. Prior to 1994, Standing Order 15 read as follows: “Except as otherwise provided in these Standing Orders, every Member is bound to attend the service of the House, unless leave of absence has been given him or her by the House.” This Standing Order had remained unchanged since 1867. During the early years of Confederation, a Member who wanted permission to be absent from the House sought the necessary leave through another Member, who moved a motion to that effect. The usual reason for seeking leave was illness, but other family and personal reasons were commonly given (see, for example, Journals, May 8, 1868, p. 301; February 15, 1871, p. 10; April 13, 1877, p. 257). The last time a Member was granted a formal leave of absence was in 1878 when it was done by means of a resolution (Journals, April 26, 1878, p. 220). After 1878, the rule was no longer applied; the House chose to rely instead on statutory provisions which provided for monetary penalties for non-attendance (see An Act respecting the Senate and the House of Commons, R.S.C 1884, c. 10, s. 26). In 1994, this Standing Order was considered by the Standing Committee on Procedure and House Affairs. Members of the Committee expressed concern that the Standing Order was obsolete and did not reflect that Members are often prevented from attending a sitting of the House because of committee meetings or other parliamentary or constituency commitments. See Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, March 24, 1994, Issue No. 5, pp. 32-4; May 24, 1994, Issue No. 12, p. 6. See also the transcript of the meeting of May 3, 1994, pp. 1-10. On June 10, 1994, the House concurred in the Twenty-Seventh Report of the Standing Committee on Procedure and House Affairs which included the amended wording for Standing Order 15 (Journals, June 8, 1994, p. 545; June 10, 1994, p. 563). See also Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, June 9, 1994, Issue No. 16, p. 3.
[257] 
Debates, April 3, 1987, p. 4875. See also Debates, February 18, 1994, pp. 1553-4; June 21, 1994, p. 5674; December 5, 1995, pp. 17207-8.
[258] 
R.S.C. 1985, c. P-1, s. 57(1).
[259] 
Parliament of Canada Act, R.S.C.1985, c. P-1, s. 65(1).
[260] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 57(3), 58 as amended by c. 31 (1st supp.), s. 61.
[261] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 57(1).
[262] 
R.S.C. 1985, c. P-1, s. 59.
[263] 
Journals, July 17, 1973, p. 485.
[264] 
Journals, November 27, 1974, p. 149; December 10, 1974, pp. 183-4.
[265] 
Journals, June 10, 1975, pp. 615-8.
[266] 
Journals, October 16, 1978, p. 22.
[267] 
Journals, March 8, 1979, pp. 454-5.
[268] 
See Report of the Task Force on Conflict of Interest entitled Ethical Conduct in the Public Sector (the Starr-Sharp Report) tabled on May 28, 1984 (Journals, p. 484).
[269] 
Journals, November 25, 1985, pp. 1266-7.
[270] 
Journals, March 26, 1986, p. 1926. See also Standing Committee on Management and Members’ Services, Minutes of Proceedings and Evidence, March 19, 1986, Issue No. 4, pp. 5-7.
[271] 
Journals, September 1, 1988, p. 3508.
[272] 
Journals, November 9, 1989, p. 842.
[273] 
Journals, November 22, 1991, pp. 715-6, 717-8; June 10, 1992, p. 1677. See also the Special Joint Committee of the Senate and House of Commons on Conflict of Interests, Minutes of Proceedings and Evidence, June 9, 1992, Issue No. 17.
[274] 
Journals, March 11, 1993, pp. 2618-9.
[275] 
Journals, March 30, 1993, pp. 2742-3.
[276] 
Journals, June 3, 1993, p. 3107.
[277] 
Journals, June 19, 1995, pp. 1801-3.
[278] 
Journals, March 12, 1996, pp. 83-4.
[279] 
Journals, March 20, 1997, p. 1325.
[280] 
See the Second Report of the Special Joint Committee on a Code of Conduct (Proceedings, March 20, 1997, Issue No. 6, pp. 7-21).
[281] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 32-3 as amended by R.S.C. 1985, c. 1 (4th supp.), s. 29.
[282] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 34-5, 38, 40. The contracting provisions in the Parliament of Canada Act date back to the days when a major activity of the government was the construction of public buildings.
[283] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 34-36(1).
[284] 
R.S.C. 1985, c. C-46, ss. 121, 122, 124, 125.
[285] 
Criminal Code, R.S.C. 1985, c. C-46, s. 748 as amended by S.C 1995, c. 22, s. 6.
[286] 
See Maingot, 2nd ed., pp. 187-90. See also Chapter 3, “Privileges and Immunities”. Since 1960, a number of Members have been charged under the Criminal Code with either fraud, bribery, influence-peddling or breach of trust in their official capacity as a Member. In many instances, the charges were either dropped, the Member was acquitted, or the Member was found not guilty. In the few cases where a Member was found guilty of one of these charges (in some instances only after the Parliament in which they were charged had been dissolved), only one Member resigned his seat (see Debates, May 30, 1989, p. 2321); the others chose either not to seek re-election or were defeated in the following general election. See also Debates, May 24, 1989, pp. 2095-7.
[287] 
The first conflict of interest code was issued by Prime Minister Pierre Trudeau in the early 1970s, while another version was introduced by Prime Minister Joe Clark in 1979. Prime Minister Brian Mulroney issued The Conflict of Interest and Post-Employment Code for Public Office Holders in September 1985 (see Debates, September 9, 1985, pp. 6399-402), and it was modified by Prime Minister Jean Chrétien in 1994.
[288] 
In 1994, a Reform Party Member, Ed Harper (Simcoe Centre), raised concerns in the House that a Parliamentary Secretary, Herb Dhaliwal (Vancouver South), had not complied with the conflict of interest guidelines for public office holders because a company in which he was part owner had government contracts. Mr. Dhaliwal denied the allegations and claimed that he had resigned as an officer and director of the company when he was named Parliamentary Secretary to the Minister of Fisheries and Oceans. Speaker Parent ruled that this was a disagreement as to facts which did not fulfil the conditions of parliamentary privilege. See Debates, June 13, 1994, pp. 5217-8; June 16, 1994, p. 5437.
[289] 
See Press Release issued by the Prime Minister’s Office on June 16, 1994. Prior to June 1994, the Assistant Deputy Registrar of Canada performed the functions of the Ethics Counsellor.
[290] 
Standing Order 23(1).
[291] 
Journals, November 3, 1873, pp. 134-5; November 7, 1873, p. 142.
[292] 
Debates, April 27, 1964, pp. 2582-3; April 28, 1964, pp. 2645-7; Journals, June 15, 1964, pp. 425-6. A related example can be found in Debates, February 20, 1984, pp. 1559-61, where the Speaker ruled on a question of privilege in which a Member alleged that a Canada Post employee had attempted to influence the Member’s actions in the House by way of threats and insults. The Minister of Labour had investigated the matter and determined that there was no foundation for the allegation. Because there was a conflict of opinion as to what had happened, the Speaker found that there was a prima facie question of privilege. The motion to have the matter referred to the Standing Committee on Privileges and Elections was subsequently defeated.
[293] 
See, for example, Journals, April 5, 1886, pp. 112-5; May 28, 1886, p. 322; May 11, 1891, pp. 55-60; August 20, 1891, pp. 422-4. In each of these instances, the allegations were referred to a committee. In the first case, the committee reported back but its report was not printed (see Journals, May 18, 1886, p. 283); in the second case, Parliament was dissolved before the committee reported back; the August 20, 1891 allegation was not substantiated (see Journals, September 15, 1891, pp. 507-11). In the May 11, 1891 case, Thomas McGreevy (Quebec West) was expelled from the House (see Journals, September 29, 1891, p. 561). This matter is discussed in greater detail later in the chapter. In 1976, a former Member was quoted as saying before a court that a substantial number of Members of Parliament received bribes. A Member raised the matter as a question of privilege. The Speaker ruled that it was a prima facie matter of privilege and the House adopted a motion to refer the matter to the Standing Committee on Privileges and Elections (see Debates, May 7, 1976, pp. 13269-71 and 13280-1). The Committee invited the former Member to appear before it. In its report to the House, the Committee concluded that the former Member’s comments were “intemperate and irresponsible”. The Committee recommended that “the dignity of the House of Commons would be best served by giving the matter no further consideration”. See Journals, May 21, 1976, pp. 1305-7.
[294] 
R.S.C. 1985, c. P-1, s. 41(1).
[295] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 41(2).
[296] 
R.S.C. 1985, c. C-46, s. 119.
[297] 
Standing Order 21. This topic is also discussed in Chapter 12, “The Process of Debate”.
[298] 
Bourinot, 4th ed., pp. 387-8.
[299] 
See, for example, Debates, June 4, 1900, cols. 6607-8.
[300] 
The only time this was ever attempted, the question was not proposed to the House (Debates, May 22, 1956, pp. 4244-5).
[301] 
See, for example, Debates, September 10, 1985, p. 6473; November 25, 1985, p. 8794; May 27, 1996, p. 3041. In December 1997, the Minister of Finance (Paul Martin) rose on a point of order to indicate that in the process of the House agreeing to apply the results of one vote to another vote, he had been registered as voting for a bill at third reading (Bill C-9, Canada Marine Act). He asked for the unanimous consent of the House to have his vote deleted from the record. Consent was granted. See Debates, December 9, 1997, pp. 3007-9, 3011.
[302] 
See, for example, Debates, May 3, 1886, p. 1011; June 21, 1982, pp. 18708-9.
[303] 
Standing Order 22. This Standing Order was adopted on February 3, 1986, after the Government House Leader addressed the House on the desirability of keeping a registry of the foreign travel of Members. See Debates, November 4, 1985, pp. 8323-7; Journals, February 6, 1986, p. 1664; February 13, 1986, p. 1710.
[304] 
In March 1986, five Members travelled to South Korea at that country’s expense. Certain Members raised objections when it was discovered that some of the travellers had not registered the trip before departing. It became clear in the ensuing discussion that the Standing Order did not specify when the registration should be done and the matter was left to the House Leaders to decide. See Debates, March 18, 1986, pp. 11618, 11624-7.
[305] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 55, 56 as amended by R.S.C. 1985, c. 38 (2nd supp.), s. 1; S.C. 1991, c. 30, s. 23; S.C. 1993, c. 13, s. 11; S.C. 1994, c. 18, s. 10; and S.C. 1998, c. 23, s. 1. In 1999, Members of the House of Commons received a basic annual salary of $66,900 and an annual tax free expense allowance of between $22,100 and $29,200 (depending on the size of the constituency they represented). In 1867, Members received a sessional indemnity of six dollars a day if a session did not extend beyond 30 days; if the session continued longer, Members received a sessional allowance of $600 (see Bourinot, 4th ed., pp. 153-6). For an overview of the evolution of the sessional indemnity, see Supporting Democracy, Vol. 2, pp. 32-3.
[306] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 60-2 as amended by S.C. 1998, c. 23, ss. 2-4. The amount of the indemnity varies with the position.
[307] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 63(3).
[308] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 50-4 as amended by S.C. 1991, c. 20, s. 2 (s. 52.5(1)). In 1998, the Board of Internal Economy increased the limit for Members’ Travel Status Expenses from $6,000 to $12,000 for the 1998-99 fiscal year. See By-law 501 of the By-laws of the Board of Internal Economy.
[309] 
See Debates, June 25, 1952, pp. 3678-80.
[310] 
R.S.C. 1985, c. M-5 as amended by S.C. 1992, c. 46, s. 81, and S.C. 1995, c. 30, s. 11. Contributions under the Actare ordinarily mandatory, but were made optional for Members of the Thirty-Fifth Parliament (1994-97) (see S.C. 1995, c. 30, s. 2). In 1998, amendments to the Members of Parliament Retiring Allowance Act permitted Members who opted out of the pension plan during the Thirty-Fifth Parliament to opt back in (see S.C. 1998, c. 23, s. 10). For Members who chose not to opt back in, a supplementary severance allowance is provided. For additional information, see Manual of Allowances and Services, Chapter F-2, “Retirement Benefits”.
[311] 
Members of Parliament Retiring Allowance Act, R.S.C. 1985, c. M-5, s. 15 as amended by S.C. 1992, c. 46, s. 81.
[312] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 70(1), 70(4), 71, as amended by S.C. 1998, c. 23, s. 6.
[313] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 70(2).
[314] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 68(1). This provision was added to the Parliament of Canada Act following the 1970 recommendations of an advisory committee appointed to review parliamentary salaries and expenses. For a history and overview of the recommendations of these commissions since 1979, see Supporting Democracy, Vol. 2, pp. 7-17. Budgetary entitlements and other allowances are reviewed annually by the Board of Internal Economy.
[315] 
Report of the Commission to Review Salaries and Allowances of Members of Parliament and Senators, Ottawa, 1979. Alfred D. Hales was the sole commissioner appointed to look into this matter.
[316] 
Report of the Commission to Review Salaries of Members of Parliament and Senators, Ottawa, 1980. Cliff McIsaac and Léon Balcer were the two commissioners.
[317] 
Report of the Commission to Review Salaries of Members of Parliament and Senators, Ottawa, 1985. William H. Clarke and Coline Campbell, former Members of the House of Commons, were appointed to this Commission.
[318] 
Commission to Review Allowances of Members of Parliament, Ottawa, 1989. Gerry St. Germain and Francis Fox, both former Cabinet Ministers, sat on this commission.
[319] 
Democratic Ideals and Financial Realities, Commission to Review Allowances of Members of Parliament, Ottawa: Minister of Supply and Services, 1994. This Commission was composed of Charles Lapointe (chair), Jean Pigott (a former Member of the House of Commons) and C.E.S. Franks (a professor of political studies at Queen’s University).
[320] 
Supporting Democracy, Jean-Jacques Blais (chair and former Cabinet Minister), Monique Jérôme-Forget (a public policy expert) and Ray Speaker (a former Member of the House of Commons) were the members.
[321] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 68(2). See, for example, Journals, May 14, 1985, p. 614; October 13, 1989, p. 623; September 19, 1994, p. 690; February 4, 1998, p. 413.
[322] 
Standing Order 32(5). Pursuant to Standing Order 108(3)(a)(i) which mandates the Standing Committee on Procedure and House Affairs to review and report on the administration and provision of services and facilities to Members, the Committee considered the Blais report in 1998 and submitted a response to the House. See the Thirty-Fourth Report of the Standing Committee on Procedure and House Affairs, presented to the House on June 3, 1998, and concurred in later that day (Journals, p. 929).
[323] 
See Supporting Democracy, Vol. 2, pp. 13-5.
[324] 
See An Act to amend the Senate and House of Commons Act, the Parliamentary Secretaries Act and the Members of Parliament Retiring Allowances Act, S.C. 1980-81-82-83, c. 77; An Act to amend the Senate and House of Commons Act, S.C. 1986, c. 50; An Act to amend the Parliament of Canada Act, S.C. 1991, c. 20; An Act to amend the Members of Parliament Retiring Allowances Act and to provide for the continuation of a certain provision, S.C. 1995, c. 30; An Act to amend the Parliament of Canada Act, the Members of Parliament Retiring Allowances Act and the Salaries Act, S.C. 1998, c. 23. See also Debates, July 9, 1981, pp. 11370-6; November 19, 1986, pp. 1337-9; May 4, 1995, pp. 12151-6; June 11, 1998, pp. 8060-2.
[325] 
R.S.C. 1985, c. P-1 as amended by S.C. 1991, c. 20, s. 2 (ss. 52.3 and 52.5(1)(b)). For more information on the Board of Internal Economy, see Chapter 6, “The Physical and Administrative Setting”.
[326] 
By-law 101 of the By-laws of the Board of Internal Economy of the House of Commons.
[327]
House Officers include leaders of parties, House leaders, whips, the Speaker and other presiding officers.
[328] 
See By-law 501 of the By-laws of the Board of Internal Economy of the House of Commons.
[329] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, as amended by S.C. 1991, c. 20, s. 2 (s. 52.6(1)). In its Fourth Report presented and adopted on June 1, 1990, the Special Committee on the Review of the Parliament of Canada Act proposed amendments to the Parliament of Canada Act to clarify the jurisdiction and the authority of the Board of Internal Economy (Journals, June 1, 1990, pp. 1797-1804). In particular, the Special Committee wanted to ensure that Members would not be exposed to charges or proceedings based on a misunderstanding of the nature of their work or the structure and rules of the House of Commons.
[330] 
See s. 7 of By-law 102 of the By-laws of the Board of Internal Economy of the House of Commons.
[331] 
In 1991, Louis Plamondon (Richelieu) rose on a question of privilege after his parliamentary precinct offices had been entered and all his documents, files and personal effects, and those of his staff, had been removed to another building without his consent. The Speaker ruled that it was an administrative matter to be settled outside the Chamber (Debates, April 8, 1991, pp. 19126-7). See also Debates, April 9, 1991, pp. 19232-3; April 11, 1991, p. 19340.
[332] 
Electoral and geographic supplements, where applicable, are made available to Members and are integrated into the Member’s Office Budget. The electoral supplement is a graduated supplement available to eligible constituencies where the number of electors exceeds 70,000. The geographic supplement is also a graduated supplement for constituencies where the geographic area to be served is 8,000 sq. km. or more. See Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 63(3)(b). See also By-law 501 of the By-laws of the Board of Internal Economy of the House of Commons.
[333] 
See By-law 301 of the By-laws of the Board of Internal Economy of the House of Commons.
[334]
In 1913, secretarial assistance was first made available to Members for a few days at a time. Beginning in 1916, Members shared a pool of secretaries who were laid off during periods of recess and dissolution. In 1958, secretaries became dedicated to individual Members. In 1968, each Member was authorized to hire one full-time secretary. In 1974, a second full-time secretary was authorized for each Member. The same year, constituency offices were established. In 1978, each Member received a staff budget of $58,000, including at least $12,000 for constituency staff, to be used at the Member’s discretion for staffing requirements. For the 1999-2000 fiscal year, the base Office Budget was set at $190,000.
[335] 
Canada Post Corporation Act, R.S.C. 1985, c. C-10, s. 35.
[336] 
For additional information, see the Members’ Manual of Allowances and Services. On occasion, questions of privilege have been raised alleging the misuse of these privileges. See, for example, Debates, March 9, 1987, pp. 3958-66; April 13, 1989, p. 458. The Speaker has ruled that the breach of mailing and householder guidelines does not obstruct in any way a Member from carrying out the activities for which he or she was elected (Debates, March 18, 1987, pp. 4301-2; April 13, 1989, p. 458). The Chair has indicated, however, that a question of privilege could exist if the content of the communication sent out under the frank “worked against the right of Members to free expression and the carrying out of their obligations as Members” (Debates, October 16, 1986, pp. 405-6). See also Debates, April 23, 1990, pp. 10522-8, and May 17, 1990, pp. 11561-3, where a question of privilege was raised alleging the misuse of parliamentary stationery by a former Member. The Speaker ruled that the matter was arguably one of contempt rather than privilege.
[337] 
Travel provisions have changed dramatically since Confederation. In 1867, travel expenses were authorized at $0.10 per mile for a return trip, once per session, between Ottawa and the constituency and in 1903, free rail transportation, without limitation, was made available to Members, their spouses and dependent children. Access to free rail transportation ended as of July 1, 1996, with the repeal of the Canadian National Railway Act. Nonetheless, Members, their spouses and dependants are entitled to free VIA train transportation in Canada in accordance with VIA Rail Canada’s policy. For information on air transportation provisions, which were first authorized in 1948, see Commission to Review Allowances of Members of Parliament, Democratic Ideals and Financial Realities, 1994, pp. 57-9.
[338] 
See By-law 303 of the By-laws of the Board of Internal Economy of the House of Commons.
[339] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 69. See also By-law 305, of the By-laws of the Board of Internal Economy of the House of Commons.
[340] 
See, for example, Journals, October 10, 1997, p. 105.
[341] 
Maingot, 2nd ed., pp. 22-3.
[342] 
See, for example, Debates, September 19, 1994, pp. 5811-4; September 20, 1994, p. 5900; February 3, 1997, pp. 7581-3; February 4, 1997, p. 7615.
[343] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 28(1).
[344] 
See, for example, Debates, November 23, 1989, p. 6067; February 26, 1993, p. 16511. On December 9, 1998, Shaughnessy Cohen (Windsor–St. Clair) collapsed on the floor of the House of Commons and later died in hospital. The following day, tributes were paid to the Member (Debates, December 10, 1998, pp. 11123-6) and an entry announcing the vacancy was published in the Journals (December 10, 1998, p. 1431). Four Members have died on the parliamentary precinct: Bowman Law (in 1916 during the fire which destroyed the Centre Block; see Debates, February 7, 1916, pp. 590-1), John L. MacDougall (Debates, June 6, 1956, p. 4786), Owen Trainor (Debates, November 28, 1956, pp. 114-5), and Joseph Gour (Debates, March 24, 1959, p. 2209; March 25, 1959, pp. 2213-5).
[345] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 28(2).
[346]
There have been 10 instances since Confederation where a Member has been elected to the House but has died before the opening of Parliament: Adelbert Edward Hanna (1918); Peter McGibbon (1921); Joseph Marcile (1925); Benoit Michaud (1949); John Ernest McMillan (1949); Gordon Graydon (1953); Azra Clair Casselman (1958); Colin Cameron (1968); Rt. Hon. John Diefenbaker (1979); and John Dahmer (1988).
[347] 
See, for example, Debates, October 9, 1979, p. 7; December 12, 1988, p. 11.
[348] 
See, for example, Debates, September 24, 1990, p. 13215.
[349] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 25(1)(a). See, for example, Journals, September 24, 1990, pp. 1975-6.
[350] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 25(1)(b). See, for example, Journals, February 3, 1997, p. 1025; October 1, 1997, p. 55.
[351] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 26(1).
[352] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 26(2). See, for example, Debates, October 1, 1986, p. 15; Journals, p. 25.
[353] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 27(1).
[354] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 27(2).
[355] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 28(1), 32(1). See, for example, Debates, October 1, 1986, p. 15 (appointment to the office of Lieutenant Governor of Newfoundland); June 1, 1988, p. 16010 (acceptance of public office); November 23, 1994, p. 8165 (appointment to the Senate). In 1984, Speaker Sauvé resigned her seat upon her appointment as Governor General. She addressed her resignation letter to the Clerk of the House (Journals, January 16, 1984, p. 72). Following the election of Lloyd Francis as Speaker, the vacancy in the representation was announced to the House (Journals, January 16, 1984, p. 74).
[356] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 33(2).
[357] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 23(1). See, for example, Debates, February 1, 1993, p. 15167.
[358] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 29. See, for example, Journals, October 9, 1979, pp. 17-8.
[359] 
Dominion Controverted Elections Act, R.S.C. 1985, c. C-39,ss. 70-1. See, for example, Debates, June 7, 1990, p. 12459.
[360] 
See Maingot, 2nd ed., pp. 22-3.
[361] 
Maingot, 2nd ed., pp. 188, 247. See also Speaker Lamoureux’s ruling, Debates, March 1, 1966, pp. 1939-40.
[362] 
Maingot, 2nd ed., p. 188. See also Criminal Code, R.S.C. 1985, c. 46, s. 750 as amended by S.C. 1995, c. 22, s. 6.
[363] 
See, for example, Journals, April 16, 1874, p. 71; February 24, 1875, pp. 124-5; September 29, 1891, p. 561; January 30, 1947, p. 8.
[364] 
Maingot, 2nd ed., p. 247.
[365] 
See Maingot, 2nd ed., pp. 188-9, 212. See, for example, Journals, February 22, 1875, p. 111; January 30, 1947, pp. 4-8. In 1874, only an indictment for Riel’s arrest was tabled (Journals, March 31, 1874, pp. 11-2).
[366] 
Standing Order 20.
[367]
For additional information, see Chapter 3, “Privileges and Immunities”. The last time a Member was expelled from a Canadian legislature was in 1986 in Nova Scotia by reason of the Member’s conviction on four counts of using forged documents in respect of money received by him in his capacity as a Member. In that case, the Court held that the Legislature had the power to expel a Member by resolution and that this was not normally reviewable by the Courts. It was also held that the establishment and enforcement of proper standards for Members of the House was not a breach of section 3 of the Charter of Rights and Freedoms (MacLean v. A.G. Nova Scotia (1987) 35 D.L.R. (4th ) 306 (N.S.S.C.)).
[368] 
In April 1874, the House ordered that Louis Riel, “having been charged with murder, and a Bill of Indictment for said offence having been found against him, and warrants issued for his apprehension, and the said Louis Riel having fled from justice, and having failed to obey an Order of this House that he should attend in his place on Thursday, the 9th day of April, 1874, be expelled [from] this House”. A second motion was subsequently adopted ordering the Speaker to issue a warrant for an election to fill the vacancy. See Journals, April 15, 1874, pp. 64-5; April 16, 1874, pp. 67-71. See also Journals, March 31, 1874, pp. 10-3; April 1, 1874, pp. 17-8; April 8, 1874, pp. 25-6; April 9, 1874, pp. 32-9.
[369] 
In the by-election held to fill the vacancy resulting from the expulsion of Louis Riel, he was once again elected. On February 22, 1875, the Prime Minister tabled a court ruling finding Mr. Riel guilty of murder (Journals, p. 111). Two days later, motions were adopted to effect the expulsion of Mr. Riel. First, the Prime Minister moved that the court ruling tabled two days earlier be read. After the motion was adopted, the Clerk read the judgement into the record (Journals, February 24, 1875, pp. 118-22). The Prime Minister then moved that “it appears from the said Record that Louis Riel, a Member of this House has been adjudged an outlaw for felony”. The House adopted the motion. This motion was followed by another motion ordering the Speaker to issue a warrant for a new writ of election (Journals, February 24, 1875, pp. 122-5).
[370] 
On January 30, 1947, the Speaker tabled court judgements, including copies of court of appeal judgements, in connection with the imprisonment of Fred Rose (Cartier). The Prime Minister then moved that the Member had become incapable of fulfilling his parliamentary duties and that the Speaker be ordered to issue a warrant to the Chief Electoral Officer to make out a writ of election to fill the vacancy. The motion was adopted. See Journals, January 30, 1947, pp. 4-8.
[371] 
In this instance, there was no conviction before a criminal court. In 1891, a private Member moved a motion to establish a select committee to enquire into allegations of corruption against the Member for Quebec West, Thomas McGreevy (Journals, May 11, 1891, pp. 55-60). The Member refused to answer questions in the committee and the committee subsequently found the Member guilty of the charges made against him (Journals, September 16, 1891, p. 512). After adopting the committee’s report (Journals, September 21, 1891, pp. 522-3; September 22, 1891, p. 523; September 24, 1891, pp. 527-31), the House resolved, on September 29, 1891, that Thomas McGreevy be expelled from the House. This resolution was followed by the adoption of a motion ordering the Speaker to issue a new writ of election (Journals, September 29, 1891, p. 561).
[372] 
Any disqualification imposed by the Criminal Code ceases when the sentence has been served or a pardon has been granted. See Maingot, 2nd ed., p. 212.
[373]
Unlike Louis Riel, Thomas McGreevy did not suffer a further expulsion, but was defeated in the general election of 1896.

Please note —

As the rules and practices of the House of Commons are subject to change, users should remember that this edition of Procedure and Practice was published in January 2000. Standing Order changes adopted since then, as well as other changes in practice, are not reflected in the text. The Appendices to the book, however, have been updated and now include information up to the end of the 38th Parliament in November 2005.

To confirm current rules and practice, please consult the latest version of the Standing Orders on the Parliament of Canada Web site.

For further information about the procedures of the House of Commons, please contact the Table Research Branch at (613) 996-3611 or by e-mail at trbdrb@parl.gc.ca.