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Chapter XIII — Committees

Notes on Standing Order 104 to 122:

[1]
See for example, the motions establishing the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons (Journals, March 21, 2001, pp. 208-9) and the Special Committee on the Non-Medical Use of Drugs (Journals, May 17, 2001, pp. 427-8).
[2]
See point of order raised and Speaker’s ruling on this issue on November 5, 2002 (Debates, pp. 1311, 1327).
[3]
See point of order raised and the Speaker’s ruling on this issue on March 15, 1999 (Debates, pp. 12866-8).
[4]
For an example of a substantive committee report from the Liaison Committee, see the First Report of the Committee (Committee Effectiveness), presented on April 2, 1993 (Journals, p. 2784).
[5]
In certain cases, a committee has refused to allow the addition of an appendix. See point of order raised on this matter and ruled on by the Chair in Debates, June 5, 2003, pp. 6904-5. In some cases, a committee will specify the parameters of such appendices. See for example, the Minutes of Proceedings of the Standing Committee on Human Resources, Skills Development, Social Development and the Status of Persons with Disabilities, February 8, 2005, Meeting No. 16; Minutes of Proceedings of the Standing Committee on Fisheries and Oceans, March 10, 2005, Meeting No. 27. The Chair also cautioned Members about the necessity to ensure that parliamentary practice be followed with respect to the language and form of such dissenting opinions (Debates, April 16, 2002, p. 10463).
[6]
See point of order raised on November 16, 1994 (Debates, pp. 7859-62) and ruled on by the Speaker on November 24, 1994 (Debates, pp. 8252-3).
[7]
The power of committees to “send for persons” does not include Members of the House and Senators (Bourinot, 4th ed., pp. 480-1). In the case of Members, only the House can order the attendance of a Member, or confer this authority on a committee. For examples of committees exercising their right to send for persons, see Minutes of Proceedings of the Standing Joint Committee on Official Languages November 19, 2001, Meeting No. 23; Minutes of Proceedings of the Standing Committee on Government Operations and Estimates, June 12, 2003, Meeting No. 52; Minutes of Proceedings of the Standing Committee on Agriculture and Agri-Food, February 25, 2004, Meeting No. 5; Minutes of Proceedings of the Standing Committee on Public Accounts, April 11, 2005, Meeting No. 28.
[8]
The power of committees to “send for papers and records” is qualified in that the papers must be relevant to their order of reference and should only be requested if, according to the rules and practices, the House would itself order such papers (Beauchesne, 6th ed., p. 236). For examples of committees exercising their right to send for papers and records, see Minutes of Proceedings of the Standing Committee on Procedure and House Affairs, February 20, 2002, Meeting No. 46; Minutes of Proceedings of the Standing Committee on Government Operations and Estimates, April 8, 2003, Meeting No. 29; Minutes of Proceedings of the Standing Committee on Public Accounts, February 19, 2004, Meeting No. 4.
[9]
For examples of standing committees sitting jointly with other standing committees, see Minutes of Proceedings of the Standing Committee on Foreign Affairs and International Trade, January 17, 2002, Meeting No. 51; Minutes of Proceedings of the Standing Committee on Canadian Heritage, February 13, 2003, Meeting No. 21. It has happened that a standing committee of the House has met jointly with a standing committee of the Senate (see Minutes of Proceeding of the Standing Committee on Foreign Affairs and International Trade, April 22, 2004, Meeting No. 11); a House standing committee has met jointly with one of its subcommittees (see Minutes of Proceedings of the Standing Committee on Foreign Affairs and International Trade, April 1, 2003, Meeting No. 27); and two subcommittees have met jointly (see Minutes of Proceedings of the Subcommittee on Children and Youth at Risk, May 30, 2001, Meeting No. 6).
[10]
This is to distinguish from the review of and report on the annual report of the Ethics Commissioner with reference to his or her responsibilities under the Parliament of Canada Act respecting public office holders, which stands referred to the Standing Committee on Access to Information, Privacy and Ethics (see Standing Order 108(3)(h)(iv)).
[11]
See remarks by Speaker Bosley in Debates, March 7, 1986, p. 11301. See also point of order raised by Lloyd Axworthy on this issue on March 29, 1993 (Debates, p. 17722) and ruled on by the Speaker (in conjunction with another question of privilege) on April 19, 1993 (Debates, pp. 18104-6; Journals, pp. 2796-7). See the One Hundred and First Report of the Standing Committee on House Management, filed with the Clerk on September 8, 1993 (Journals, p. 3338).
[12]
See remarks by Speaker Bosley in Debates, May 13, 1986, p. 13232.
[13]
See Speaker’s ruling in Debates, June 27, 1986, p. 14969.
[14]
See Speaker’s rulings in Debates, April 21, 1986, p. 12480; September 24, 1987, pp. 9266-8.
[15]
See Speaker’s ruling in Debates, June 29, 1987, pp. 7749-50.
[16]
Standing Orders 110 and 111 were adopted on a provisional basis in February 1986, based in part on certain recommendations found in Chapter V (pp. 29-34) of the Third Report of the Special Committee on the Reform of the House of Commons, presented on June 18, 1985. It is clear that judicial appointments are not included in this procedure (see comments by D. Mazankowski in Debates, October 30, 1986, p. 889). These Standing Orders were made permanent in June 1987.
[17]
Order-in-Council appointments have been withdrawn from certain committees and referred to other committees (see motions adopted by the House in Debates, October 30, 1986, p. 889; February 22, 2005, p. 3845). The 30-day period allowed for the committee’s study is deemed to have begun upon the adoption of that order.
[18]
See question of privilege raised on March 8, 2004 (Debates, pp. 1216-8), and ruled on by the Speaker on March 9, 2004 (Debates, pp. 1259-60), respecting the late tabling of a list of Order-in-Council nominees and appointees, and the resultant effect on the 30 sitting-day review by the applicable standing committees. In 1986, the Speaker was called upon to rule whether or not during the period that a particular nomination or appointment was being studied by a committee, questions could be addressed to the Ministry on this matter during Question Period. The Chair ruled that they could (see Debates, November 6, 1986, pp. 1151-3; December 11, 1986, pp. 1997-9).
[19]
Of the more than 2400 appointments and nominations referred to various committees in the period from February 1986 to September 1988, fewer than 100 of the individuals concerned were invited to appear before committees. Although statistics are no longer available with respect to the exact number of appointments and nominations referred to committees, in the period April 1989 to April 2004, 122 individual appointments were scrutinized. In the same period, 11 reports were presented to the House (eight reports covering 20 individuals pronounced on nominees’ qualifications; one report reflected on the workload of the position; two reports related to the process of scrutinizing the appointments). It should also be noted that during the Third Session of the Thirty-Fourth Parliament, three subcommittees (those on Legislation on Financial Institutions (Meeting Nos. 17 and 20), on Bank of Canada (Meeting Nos. 7 and 9), and on National Security (Meeting Nos. 2, 5, 6, 8, 10 and 14)) studied order-in-council appointments. See Speaker’s ruling on alleged question of privilege raised concerning the calling of witnesses before a committee pursuant to Standing Orders 110 and 111 (Debates, November 18, 1986, pp. 1283-7; December 16, 1986, pp. 2137-8). See the Minutes of Proceedings of the Standing Committee on Energy, Mines and Resources, February 23, 1993, Meeting No. 52, for an example of a committee deciding not to examine appointees.
[20]
See remarks by Speaker Fraser in Debates, December 11, 1986, p. 1998. See also, Chair’s statement in Minutes of Proceedings and Evidence of the Standing Committee on Government Operations, November 27, 1986, Issue No. 4, pp. 4:5-7; Minutes of Proceedings and Evidence of the Standing Committee on Transport, March 25, 1993, pp. 35:4-5; and Chair’s opening statement in Evidence of the Standing Committee on Foreign Affairs and International Trade, March 19, 2002, Meeting No. 65. See also the discussion on the question of privilege raised on March 19, 2002 (Debates, pp. 9833-8), and ruled on by the Speaker on April 18, 2002 (Debates, pp. 10539-40). Some committees have suggested ways to improve the process for considering order-in-council appointments. See for example, the Second Report of the Standing Committee on Health (Journals, October 3, 1994, p. 760); the Fourth Report of the Standing Committee on Citizenship and Immigration (Journals, February 17, 2005, p. 447); the Minutes of Proceedings of the Standing Committee on Environment and Sustainable Development, March 22, 2005, Meeting No. 25.
[21]
Section (4) was adopted by the House on June 3, 1987 (Journals, p. 1026).
[22]
For example, the members of the Standing Committee on Government Operations and Estimates did not actually meet with the appointee to the position of President of the Public Service Commission, referred to them pursuant to Standing Order 111.1, before recommending that her appointment be confirmed. See the Minutes of Proceedings of this Committee, April 1, 2004, Meeting No. 7.
[23]
See for example, the Fourth Report of the Standing Committee on Environment and Sustainable Development reporting unfavourably on an appointment to the National Roundtable on the Environment, presented on March 24, 2005 (Journals, p. 564), debated on April 5, 2005 (Journals, p. 579), and concurred in on April 6, 2005 (Journals, pp. 583-4). The appointment, however, stood. See also the Fifth Report of the Standing Committee on Access to Information, Privacy and Ethics, presented on May 11, 2005 (Journals, p. 738), and concurred in on June 15, 2005 (Journals, pp. 905-7). In this case, the Committee recommended an extension of the term of the Information Commissioner for a period of one year. The government chose to extend the appointment for a period of three months only.
[24]
For an example of the Speaker naming Members to comprise the Panel of Chairs, pursuant to Standing Order 112, see Journals, May 19, 1989, p. 248. As legislative committees have been used infrequently, since the Thirty-Fifth Parliament (1994) the Speaker has not named Members to a Panel. The individuals designated by the Speaker to chair the legislative committees established in the intervening years have all been Members occupying the position of Chair Occupants in the House, who are automatically on the Panel pursuant to Standing Order 112.
[25]
See point of order raised by Dick Harris on June 17, 1994 (Debates, pp. 5522-4), and ruled on by the Speaker on June 20, 1994 (Debates, pp. 5582-4) with respect to the interpretation of Standing Order 114(2) and, more specifically, with respect to substitutions on committees.
[26]
See point of order raised by Chuck Strahl on October 28, 1996 (Debates, pp. 5714-6) and ruled on by the Speaker on November 7, 1996 (Debates, pp. 6225-6) with respect to the rights of substitute members in committees.
[27]
For an example of such a report, see the Twenty-Eighth Report of the Standing Committee on Procedure and House Affairs presented on June 10, 1994 (Journals, p. 563), and concurred in on September 19, 1994 (Journals, p. 682).
[28]
Prior to the amendments to Standing Order 106(2) adopted in November 2002, some committees had chosen to carry out the election of their Chairs in a manner similar to the proceedings on the election of the Speaker of the House (Minutes of Proceedings and Evidence of the Standing Committee on Government Operations, October 22, 1986, Issue No. 1, p. 1:4; Minutes of Proceedings and Evidence of the Standing Committee on Labour, Employment and Immigration, October 7, 1987, Issue No. 42, p. 42:4). The current rules with respect to the election of a committee Chair still differ in many respects to those spelled out for the election of the Speaker in the House. See Commentary of Standing Orders 2 to 6 in Chapter I.
[29]
See for example, Debates, October 10, 1997, p. 797; October 19, 1999, p. 360; November 24, 1999, p. 1686. In addition to being given permission to broadcast by the House, a committee may need to obtain additional budgetary authorization from the Liaison Committee, as funds for broadcasting purposes are not included in the ordinary budgets of committees.
[30]
See for example, the Forty-Eighth Report of the Standing Committee on Procedure and House Affairs, presented on December 8, 1998 (Journals, p. 1424). This report was then deemed presented on December 2, 1999 and concurred in (Journals, p. 268). See also the Nineteenth Report (presented and concurred in on May, 16, 2001, Journals, pp. 419, 421), which listed certain guidelines, and the Fifth Report of that same Committee (presented and concurred in on October 20, 2004, Journals, pp. 121, 124), which extended such guidelines until the end of the First Session of the Thirty-Eighth Parliament.
[31]
See for example, Journals, June 6, 2003, p. 873; October 14, 2004, p. 94. For an example of the Board issuing guidelines with respect to committee expenditures, see Minutes of the Board of Internal Economy, dated December 6, 2004.
[32]
In 1867, 1883 and 1891, the Speech from the Throne occurred on the second day of sitting, the first day being taken up by the election of the Speaker (Journals, November 7, 1867, p. 5; February 9, 1883, p. 15; April 30, 1891, p. 5). In all other instances, committees were established on the first day of the new session.
[33]
In the First Session of the First Parliament, the House agreed to the appointment of a Standing Committee on Contingencies. This committee made a substantive report on the staff of the House, which recommendations were agreed to. Later in that session, a bill was adopted creating a Commission of Internal Economy whose responsibilities basically rendered the Standing Committee redundant and it was never re-established in following years (Journals, November 7, 1867, p. 5; April 15, 1869, p. 8). The list of standing committees remained unchanged from 1869 to 1906 with the exception that the Standing Committee on Immigration and Colonization was renamed Agriculture and Colonization (Journals, April 14, 1887, p. 5).
[34]
Joint Committees on the Library of Parliament and on the Printing of Parliament were established in each session of Parliament from 1867 to 1906, with the exception of the Second Session of the Second Parliament in 1873, a session which lasted only nine sitting days (Journals, November 19, 1867, p. 22; December 4, 1867, p. 48; March 14, 1906, p. 46). It is interesting to note that the motion concerning the Library appointed the group of Members to act as members of a select committee to assist the Speaker in the direction of the Library so far as the interests of the House were concerned and the same individuals were also to act as members of a Joint Committee on the Library. The motion for the Joint Committee on the Printing of Parliament followed a similar pattern.
[35]
The number of select (special) committees established consecutively in the first nine Parliaments were 24, 7, 48, 15, 12, 16, 9, 13 and 7. During the same period, seven joint committees, other than on the Library and Printing of Parliament, were established.
[36]
See for example, Journals, April 6, 1868, p. 184; February 24, 1870, p. 23; January 21, 1884, p. 22.
[37]
Journals, May 9, 1890, p. 452.
[38]
In 1877, the Standing Committee on Railways, Canals and Telegraph Lines had a membership of 147 and thus a quorum, by rule, of 74; while the Standing Committee on Banking and Commerce had a membership of 104 and thus a quorum, by rule, of 53. The membership of the House in 1877 was 215.
[39]
See for example, Journals, May 17, 1873, p. 384; March 29, 1876, p. 216; March 27, 1893, p. 205.
[40]
Journals, July 10, 1906, pp. 579-80. The new rule was adopted with little discussion, since it was made simply “to conform with the present practice”. See Debates, July 9, 1906, col. 7465.
[41]
This change, although reflected in the text of the 1906 Rules, was not debated in the House. See 1906 Rule 81.
[42]
Journals, February 19, 1909, pp. 97-8.
[43]
Journals, March 27, 1924, p. 98.
[44]
See for example, remarks by W.M. Martin in Debates, December 15, 1909, cols. 1543-4.
[45]
Debates, April 18, 1921, pp. 2193-211.
[46]
Debates, February 25, 1925, pp. 521-39.
[47]
Debates, March 11, 1925, pp. 1034-41.
[48]
Debates, May 29, 1925, pp. 348-51.
[49]
Journals, March 22, 1927, pp. 320-3.
[50]
See for example, Debates, February 21, 1928, pp. 677-8; March 6, 1928, pp. 1042-3; March 20, 1928, p. 1512; June 9, 1928, pp. 4047-9. See extracts from the Journals, February 15, 1929, p. 48; February 21, 1929, p. 78; February 26, 1929, p. 100; March 13, 1930, p. 90; February 15, 1933, p. 227. See also Debates, June 23, 1936, pp. 4123-6; July 24, 1943, pp. 5382-6; Journals, March 3, 1944, pp. 147-8; April 10, 1946, pp. 125-6; December 5, 1947, pp. 13-7; December 13, 1951, pp. 311-3.
[51]
The House, however, continued to establish select (special) committees to study and report upon specific subjects. The records of the House indicate, for example, that a Committee on railways and shipping owned and controlled by the government was set up with few exceptions during each year from 1924 to 1963, while a Joint Committee on the Parliamentary Restaurant was formed in 1909 and continued to be appointed in each succeeding session.
[52]
Journals, September 18, 1945, p. 52.
[53]
In the Eighteenth Parliament (1936-40), at least 19 special committees were set up; in the Nineteenth Parliament (1940-45) at least 30 were established; and in the Twentieth Parliament (1945-49), at least 28 special committees were agreed to. Just prior to the 1955 rule changes, the Twenty-First Parliament (1949-53) established 37 special committees. These committees were in addition to the usual 14 standing and joint committees established under the Standing Orders.
[54]
Journals, July 12, 1955, pp. 926-7. For a number of years previous to 1955, the House had routinely agreed to send certain of its estimates to a Special Committee on Railways and Shipping and to the Standing Committee on Externals Affairs. Estimates had occasionally been sent as well to the Banking and Commerce Committee and to the Special Committees on Radio Broadcasting and on Veterans Affairs.
[55]
Journals, July 12, 1955, pp. 930-1.
[56]
Journals, May 30, 1958, p. 71.
[57]
See remarks by Prime Minister J. G. Diefenbaker when moving the motion, Debates, May 30, 1958, pp. 679-81.
[58]
Journals, October 19, 1964, pp. 801-2.
[59]
Journals, December 14, 1964, pp. 985-96.
[60]
Journals, March 19, 1965, p. 1143.
[61]
See text of the Eighteenth Report of the Special Committee on Procedure and Organization (Journals, March 26, 1965, pp. 1173-6).
[62]
Journals, May 12, 1965, pp. 101-3.
[63]
The resolution was adopted on June 11, 1965. The changes agreed to in Committee of the Whole to the original text presented on May 12, 1965 were an increase of members on the standing committees from 22 to 24; a change in the title of one of the standing committees to include Indian Affairs; a requirement for the Striking Committee to report within ten sitting days after its appointment as opposed to “with all convenient speed”; and a further Standing Order which specified that questions of order were to be decided by Chairs in the standing and special committees subject only to an appeal to the committee (Journals, June 11, 1965, pp. 227-8).
[64]
Journals, January 21, 1966, p. 34; April 26, 1967, p. 1769.
[65]
Journals, September 24, 1968, pp. 67-8.
[66]
Journals, September 20, 1968, pp. 59-60.
[67]
Journals, December 20, 1968, pp. 554-79.
[68]
Journals, October 14, 1971, p. 870.
[69]
Journals, July 21, 1975, p. 729.
[70]
Journals, June 28, 1977, p. 1255; October 24, 1977, p. 28.
[71]
Journals, April 10, 1978, p. 597.
[72]
Journals, November 27, 1979, p. 270.
[73]
Minutes of Proceedings and Evidence of the Standing Committee on Procedure and Organization, September 30, 1976, Issue No. 20, pp. 20:66-7.
[74]
All five editions of Beauchesne, all four editions of Bourinot, and May referred to practices in committees of the House. As well, individual rulings from Chairs of committees were taken into consideration, although they were not binding on other committees.
[75]
See for example, Journals, August 6, 1958, pp. 371-2; November 28, 1963, p. 595; May 26, 1975, pp. 569-70; April 6, 1976, pp. 1183-4; Debates, December 10, 1982, p. 21482.
[76]
See for example, Debates, April 22, 1902, cols. 3224-5; October 23, 1903, cols. 14847-9; April 26, 1906, col. 2106; June 5, 1914, pp. 4880-6; April 14, 1943, p. 2179; July 8, 1943, p. 4543; Journals, April 14, 1908, p. 389; July 24, 1956, pp. 919-21.
[77]
See for example, Journals, May 20, 1874, p. 282; July 18, 1924, pp. 619-20; June 9, 1928, p. 571; February 10, 1944, p. 72.
[78]
See for example, Speakers’ rulings in Journals, May 19, 1943, pp. 365-6; August 22, 1946, pp. 758-9; January 20, 1970, pp. 327-9; December 6, 1973, pp. 725-6; December 20, 1973, pp. 773-5.
[79]
See for example, Journals, April 6, 1910, pp. 418-20; March 11, 1957, pp. 251-5.
[80]
See for example, Journals, March 31, 1969, pp. 873-4; December 20, 1973, pp. 773-5.
[81]
See Speaker’s ruling in Debates, November 6, 1980, pp. 4531-2.
[82]
Journals, November 29, 1982, p. 5400.
[83]
These recommendations were contained in the Fifth, Sixth and Seventh Reports of the Special Committee on Standing Orders and Procedure (see Journals, March 3, 1983, p. 5668; March 29, 1983, p. 5765; June 7, 1983, p. 5973). The concept of the Panel of Chairs was also raised in 1976 (see Minutes of Proceedings and Evidence of the Standing Committee on Procedure and Organization, September 30, 1976, Issue No. 20, p. 20:66).
[84]
Journals, March 22, 1984, p. 282.
[85]
Journals, December 5, 1984, pp. 153-4.
[86]
Journals, December 7, 1984, p. 164.
[87]
On February 28, 1985, the House agreed to change the name of the Standing Committee on Labour, Manpower and Immigration to Labour, Employment and Immigration (Journals, pp. 339-40).
[88]
Journals, June 27, 1985, p. 919.
[89]
Journals, June 28, 1985, p. 936.
[90]
For example, new Standing Committees were created on Consumer and Corporate Affairs; Energy, Mines and Resources; Human Rights; Research, Science and Technology; Secretary of State; and Government Operations.
[91]
For example, the Standing Committee on Fisheries and Forestry was divided into a Committee on Fisheries and Oceans and a Committee on Environment and Forestry; and the Standing Committee on External Affairs and National Defence was divided into a Committee on External Affairs and International Trade and a Committee on National Defence.
[92]
For example, the Justice and Legal Affairs Committee was renamed Justice and Solicitor General and the Indian Affairs and Northern Development Committee was renamed Aboriginal Affairs and Northern Development.
[93]
Journals, February 13, 1986, p. 1710.
[94]
Journals, November 7, 1986, p. 192.
[95]
Journals, December 12, 1986, p. 319; December 18, 1986, pp. 350-2.
[96]
Journals, April 14, 1987, p. 748; May 22, 1987, p. 946.
[97]
Journals, June 3, 1987, pp. 1016-28.
[98]
Journals, June 30, 1987, p. 1295; November 4, 1987, p. 1831.
[99]
See the Sixth Report of the Standing Committee on Elections, Privileges and Procedure concurred in, with amendments, on December 18, 1987 (Journals, p. 2017). The name of the Committee was changed to the Standing Joint Committee for the Scrutiny of Regulations in 1988 (see Journals, June 2, 1988, p. 2778).
[100]
See remarks by Speakers Sauvé (Debates, December 10, 1982, p. 21482), Francis (Debates, May 23, 1984, pp. 3962-3), and Fraser (Debates, December 9, 1987, pp. 11628-9).
[101]
See for example, rulings by Speaker Bosley in Debates, December 14, 1984, pp. 1242-3; February 28, 1985, p. 2603; April 16, 1986, p. 12315; and by Speaker Fraser in Debates, June 16, 1987, p. 7123.
[102]
See for example, rulings by Speaker Bosley in Debates, March 7, 1986, p. 11301; April 21, 1986, p. 12480; June 27, 1986, p. 14969. See also rulings by Deputy Speaker Danis in Debates, December 10, 1986, p. 1978; and by Speaker Fraser in Debates, March 19, 1987, p. 4327; June 29, 1987, pp. 7749-50.
[103]
See remarks by Speaker Bosley in Debates, December 14, 1984, p. 1243; and by Speaker Fraser in Debates, April 9, 1987, pp. 5015-6.
[104]
The motion to amend the Standing Orders was moved and adopted on April 5, 1989 (Journals, pp. 40-2; Debates, pp. 117-8).
[105]
See Standing Order 104(2) of the April 1989 version of the Standing Orders for the exact names of all the standing committees. See Standing Order 108(3) of the same version for the changes to the mandates of certain committees.
[106]
The Standing Committee on Communications and Culture was combined with the Standing Committee on Multiculturalism and the Standing Committee on Secretary of State to become one committee named the Standing Committee on Communications, Culture, Citizenship and Multiculturalism.
[107]
Consumer and Corporate Affairs, along with Government Operations, became Consumer and Corporate Affairs and Government Operations; Elections, Privileges and Procedures, along with Private Members’ Business, became Elections, Privileges, Procedure and Private Members’ Business; Human Rights, along with Status of Disabled Persons, became Human Rights and Status of Disabled Persons; Regional Industrial Expansion, along with Research, Science and Technology, became Industry, Science and Technology, Regional and Northern Development; National Defence, along with Veterans Affairs, became National Defence and Veterans Affairs.
[108]
Aboriginal Affairs and Northern Development became Aboriginal Affairs; Environment and Forestry became Environment; Fisheries and Oceans became Forestry and Fisheries; Finance and Economic Affairs became Finance; National Health and Welfare became Health and Welfare, Social Affairs, Seniors and Women.
[109]
For example, reference to forestry matters prior to April 5, 1989 was found in the Standing Committee on Environment and Forestry; after April 5, 1989, it was found in the Standing Committee on Forestry and Fisheries. Reference to Northern Development matters prior to April 5, 1989 was found in the Standing Committee on Aboriginal Affairs and Northern Development; after April 5, 1989, it was found in the Standing Committee on Industry, Science and Technology, Regional and Northern Development. With respect to the new version of Standing Order 108(3), after April 5, 1989, the mandates of certain of the newly-formed committees reflected the former individual mandates. In the case of the Standing Committee on Communications, Culture, Citizenship and Multiculturalism, the word “multiracial’ was deleted, and a new paragraph on citizenship programs was added.
[110]
On September 27, 1989, the House agreed to separate the Standing Committee on Communications, Culture, Citizenship and Multiculturalism, which had been created on April 5, 1989, into two committees: a committee on Communications and Culture, and one on Multiculturalism and Citizenship (Journals, p. 534; Debates, pp. 3980-1). This change triggered a consequential amendment to Standing Order 108(2) and (3). These changes came into effect on October 9, 1989.
[111]
The Standing Committee on Elections, Privileges, Procedure and Private Members’ Business was changed to Privileges and Elections on February 16, 1990 (Journals, p. 1234).
[112]
The motion to amend the Standing Orders was moved on March 26, and debated on March 27, April 8, 9, 10, and 11, 1991. With respect to the changes concerning committees, see for example, remarks of the Government House Leader on April 8, 1991 (Debates, pp. 19137-8) and by the Opposition House Leader (Debates, pp. 19150-2). The motion was adopted on April 11, 1991 (Journals, pp. 2922-9), to come into effect on the first sitting day of the following session (May 13, 1991).
[113]
Debates, April 8, 1991, p. 19138.
[114]
The House agreed to have a Standing Committee on Official Languages, rather than a Standing Joint Committee on Official Languages. It should be noted, however, that the Senate did not agree to revise the Rules of the Senate accordingly.
[115]
The Privileges and Elections Committee was combined with the Management and Members Services Committee to become the Standing Committee on House Management.
[116]
The new rule provided that two of the three positions would be held by government members with the other being held by an opposition member. See Standing Order 106(2) of the May 1991 version of the Standing Orders.
[117]
Standing Order 107(2) provided that the Chair and Vice-Chair of the Liaison Committee would be elected within five sittings days of the meeting of the last standing committee to organize (as previously done), but an additional proviso was added to the effect that the selection of this Chair and Vice-Chair would, in any event, occur no later than the twentieth sitting day after the adoption of the relevant report of the House Management Committee naming the membership of all committees.
[118]
An amendment to Standing Order 108(1)(a) gave standing committees the authority to print a brief appendix to any committee report, containing dissenting or supplementary opinions, after the signature of the committee Chair, if so agreed by the committee.
[119]
Standing Order 112 was amended to provide that for each of the envelopes (except Management), the Speaker was to appoint as many as six Members to the Panel of Chairs, making provision for a proportionate number of government and opposition members.
[120]
A new paragraph was added to Standing Order 113 to stipulate that each envelope (again with the exception of Management) should have two legislative committees, and to decrease the maximum number of Members of such legislative committees from 30 to 14. In addition, the Speaker was now to appoint the Chair of a legislative committee within five days of debate commencing (rather than awaiting concurrence in the report of the former Striking Committee). The membership of legislative committees would hence be permanent, pursuant to Standing Orders 104(3), 113(1) and 114(1). In consequence, the method of replacement was also changed for legislative committees, pursuant to Standing Order 114(2).
[121]
Instead of the power to send for persons, Standing Order 113 was amended to provide that legislative committees could send for “officials from government departments and agencies and crown corporations or other persons whom the committee deems to be competent to appear as witnesses on technical matters”. As well, the amendments to this Standing Order removed the provision that the committee ceased to exist upon reporting a bill.
[122]
Standing Order 115 was changed to indicate a type of “substantive priority” to legislative committees over standing committees. Whenever a legislative committee was meeting on a bill affecting a particular department or agency, no standing or standing joint committee was to meet at the same time. As well, a paragraph was added (Standing Order 115(4)) to designate priority use of committee rooms to each envelope.
[123]
A new Standing Order (119.1) was adopted with respect to the broadcasting of committee proceedings. It was now clear that, if a committee wished to broadcast, it had to first obtain the consent of the House. The Standing Committee on House Management was to establish experimental guidelines, through a report to the House.
[124]
See Standing Orders 104(1), 108(3), 113(1), 115(4), and 119.1 of the May 1991 version of the Standing Orders.
[125]
See the Twenty-Sixth Report of the Privileges and Elections Committee presented on March 20, 1991 (Journals, p. 2728), and concurred in on April 12, 1991 (Journals, p. 2943; Debates, p. 19456).
[126]
See the First Report of the Standing Committee on House Management presented and adopted on May 23, 1991 (Journals, pp. 61-2; Debates, p. 487). The Standing Orders affected were 104, 108, and 114.
[127]
See Recommendation No. 8 of the Twenty-Third Report of the Standing Committee on House Management presented on February 14, 1992 (Journals, p. 1024), and concurred in on March 27, 1992 (Journals, p. 1230).
[128]
See the Twenty-Eighth Report of the Standing Committee on House Management presented on March 18, 1992 (Journals, pp. 1175-8), and concurred in on April 29, 1992 (Journals, p. 1338). The Standing Orders affected were 104, 113, 114, and 115. It should also be noted that, through amendments to Standing Order 114, changes in membership were no longer required to be printed in the Journals.
[129]
See the Thirty-Second Report of the Standing Committee on House Management presented and concurred in on May 1, 1992, revising the French text with respect to the name of the Standing Committee on Consumer and Corporate Affairs and Government Operations (Journals, pp. 1351-2).
[130]
See the motion moved and agreed to, following one small amendment, on January 25, 1994 (Journals, pp. 58-61; Debates, pp. 259-61).
[131]
The Standing Committee on Agriculture became Agriculture and Agri-Food; Communications and Culture became Canadian Heritage; Environment became Environment and Sustainable Development; Forestry and Fisheries became Fisheries and Oceans; External Affairs and International Trade became Foreign Affairs and International Trade; Consumer and Corporate Affairs and Government Operations became Government Operations; Health and Welfare, Social Affairs, Seniors and Women became Health; Labour and Employment became Human Resources Development; Aboriginal Affairs became Indian Affairs and Northern Development; Industry, Science and Technology, Regional and Northern Development became Industry; Justice and Solicitor General became Justice and Legal Affairs; Energy, Mines and Resources became Natural Resources; House Management became Procedure and House Affairs. Immigration and Citizenship were combined into one committee Citizenship and Immigration.
[132]
Official Languages was re-established as a Standing Joint Committee, and a Standing Joint Committee on the Library of Parliament was established (and thus removed from the joint services which were under the mandate of the House Management Committee). The mandate of the former Multiculturalism and Citizenship committee became that of Canadian Heritage, and the reference to citizenship programs was dropped.
[133]
The three Standing Joint Committees were: the Library of Parliament, Official Languages, and Scrutiny of Regulations. Their mandates were listed as part of Standing Order 108(4).
[134]
The major changes were reflected in Standing Orders 104, 108, 112, and 115.
[135]
See Journals, January 25, 1994, p. 61.
[136]
The changes to Standing Orders 68, 73 and 76, adopted in February 1994, impacted the work of committees and, in particular, necessitated revisions to the text of Standing Order 113 (see Journals, February 7, 1994, pp. 112-6, 119-20). See also the Commentary and Historical Summary of Standing Orders 68, 73, and 76 in Chapter IX. In essence, the text of Standing Order 113 was amended to reflect the fact that, instead of striking the legislative committee within five sitting days of the commencement of debate on second reading of a bill being referred to a legislative committee, the Procedure and House Affairs Committee would strike the legislative committee within five sitting days of the commencement of debate on a motion to appoint a legislative committee or to refer a bill thereto. The maximum number of members on a legislative committee was also raised from 14 to 15.
[137]
Through adoption of the Ninth Report of the Standing Committee on Procedure and House Affairs on March 9, 1994, the name of the Indian Affairs and Northern Development Committee became the Standing Committee on Aboriginal Affairs and Northern Development (Journals, p. 229).
[138]
See the Twenty-Fourth Report of the Standing Committee on Procedure and House Affairs, presented on June 1, 1994 (Journals, p. 516), and adopted on June 3, 1994 (Journals, p. 529).
[139]
See the Twenty-Seventh Report of the Standing Committee on Procedure and House Affairs, presented on June 8, 1994 (Journals, p. 545), and adopted on June 10, 1994 (Journals, p. 563). The Standing Orders affected were 107(1) and (2), 108(3)(a), 118(1), 119.1, and 122.
[140]
See the One Hundredth Report of the Standing Committee on Procedure and House Affairs presented and concurred in on November 10, 1995 (Journals, p. 2125).
[141]
See the One Hundred and Ninth Report of the Standing Committee on Procedure and House Affairs presented and concurred in on December 13, 1995 (Journals, pp. 2249-51). The name of the committee was amended in the English version to Human Rights and Status of Persons with Disabilities.
[142]
See the Thirty-Sixth Report of the Standing Committee on Procedure and House Affairs presented and concurred in on October 9, 1996 (Journals, p. 730).
[143]
The motion to effect these changes was agreed to without debate on September 23, 1997 (Journals, pp. 12-3). Two committees (Government Operations and Human Rights and the Status of Persons with Disabilities) were combined into already-existing committees, thus forming committees named Natural Resources and Government Operations, Justice and Human Rights, and Human Resources Development and the Status of Persons with Disabilities. The mandates of the last two committees were agreed to as well (see Standing Order 108(3) of the February 1998 version of the Standing Orders).
[144]
Journals, October 1, 1997, p. 56. The two committees concerned were those on Foreign Affairs and International Trade and on Human Resources Development and Status of Persons with Disabilities.
[145]
Natural Resources was included in the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources, while Government Operations became part of the Standing Committee on Transport and Government Operations (See Journals, February 1, 2001, p. 27.)
[146]
Journals, February 1, 2001, p. 27.
[147]
Journals, February 15, 2001, p. 101.
[148]
See pages 17-9 of the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons, presented on June 1, 2001 (Journals, p. 465), and adopted on October 4, 2001 (Journals, pp. 691-3). This proposal became the new Standing Order 111.1.
[149]
See pages 19-20 of the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons, presented on June 1, 2001 (Journals, p. 465), and adopted on October 4, 2001 (Journals, pp. 691-3). These changes were reflected in sections (1) and (3) of Standing Order 108.
[150]
See the Fifty-Ninth Report of the Standing Committee on Procedure and House Affairs, presented and concurred in on May 24, 2002 (Journals, p. 1426).
[151]
Journals, May 27, 2002, pp. 1431-2.
[152]
See the Second Report of the Standing Committee on Procedure and House Affairs, presented on October 29, 2002 (Journals, pp. 128-9).
[153]
Concurrence was moved on October 31, 2002, and debate took place under the rubric “Motions”. The debate was interrupted in order to proceed with “Statements by Members” (Debates, pp. 1110-35).
[154]
Following Question Period on October 31, 2002, and a Speaker’s ruling which found the Supply Day motion to be in order, debate took place and the vote was deferred (Debates, pp. 1147-71). The Supply Day motion amending Standing Order 106 was then adopted on November 5, 2002 (Journals, pp. 162-4).
[155]
Journals, November 7, 2002, pp. 181-2. Standing Orders 104 and 108 were thus amended.
[156]
Pursuant to provisional amendments to the Standing Orders on Private Members’ Business adopted on March 17, 2003 (Journals, p. 495), the mandate of the Procedure and House Affairs Committee to select votable items was suspended.
[157]
Journals, February 17, 2004, p. 86. The Justice and Human Rights Committee became Justice, Human Rights, Public Safety and Emergency Preparedness, while the Human Resources Development and the Status of Persons with Disabilities Committee became Human Resources, Skills Development, Social Development and the Status of Persons with Disabilities.
[158]
See the Twenty-Fifth Report of the Standing Committee on Procedure and House Affairs, presented on April 27, 2004 (Journals, p. 319) and concurred in on April 29, 2004 (Journals, pp. 348-9).
[159]
See motion adopted by unanimous consent on October 5, 2004 (Journals, pp. 12-4) and the Eighth Report of the Standing Committee on Procedure and House Affairs, presented and adopted on October 22, 2004 (Journals, p. 136). It should also be noted that it took considerable time for the House to agree on the mandate of the new Standing Committee on Access to Information, Privacy and Ethics, such mandate finally being adopted on December 14, 2004 (Journals, p. 353).
[160]
See the Twentieth Report of the Standing Committee on Procedure and House Affairs, presented and adopted on December 14, 2004 (Journals, p. 353). The changes were specifically to: add a six-part mandate for the new Access to Information, Privacy and Ethics Committee; remove consideration of the reports of the Information and Privacy Commissioners, as well as the Ethics Commissioners report on lobbyists, from the mandate of the Government Operations and Estimates Committee; and clarify that the Procedure and House Affairs Committee would still review the Ethics Commissioner’s report on Members.
[161]
Journals, February 18, 2005, pp. 451-5.
[162]
See the Thirtieth Report of the Standing Committee on Procedure and House Affairs, presented and adopted on March 23, 2005 (Journals, pp. 544, 546). A technical adjustment to the French text of a previous report was made, and the French version of the mandate of the Standing Committee on Access to Information, Privacy and Ethics was amended accordingly.
[163]
See for example, remarks by Speaker Fraser in Debates, March 26, 1990, pp. 9756-8; November 28, 1990, pp. 15854-5; March 21, 1991, pp. 18827-9; February 26, 1992, pp. 7620-4. See remarks by Speaker Parent in Debates, December 9, 1997, pp. 2945-6; February 18, 1998, pp. 4070-1; March 26, 1998, pp. 5422-4. See remarks by Speaker Milliken in Debates, March 19, 2001, pp. 1836-7; April 18, 2002, pp. 10539-40; November 27, 2002, pp. 1949-50.
[164]
See for example, rulings on Standing Order 114 regarding substitution of Members in Debates, June 20, 1994, pp. 5582-4, and ruling on consideration of Bill C-203 in Debates, February 26, 1992, pp. 7620-4.
[165]
See for example, rulings by the Speaker on the procedural acceptability of certain committee reports or portions thereof in Debates, September 27, 1991, pp. 2823-5; April 28, 1992, p. 9801; June 1, 1992, pp. 11162-3; November 19, 1992, pp. 13599-604, 13654-8, 13661; June 3, 2003, pp. 6771-3.
[166]
See for example, Speaker’s ruling in Debates, March 21, 1991, p. 18830; March 26, 1991, pp. 18991-3; March 16, 1993, pp. 17071-3; June 3, 2003, pp. 6810-4.
[167]
See for example, Speaker’s ruling in Debates, December 9, 1997, pp. 2945-6; November 26, 1998, pp. 10467-8; December 1, 1998, pp. 10731-3; December 3, 1998, pp. 10863-6; March 28, 2000, pp. 5368-9; April 16, 2002, pp. 10463-4; February 25, 2003, pp. 3988-9.
[168]
See Speaker’s ruling and finding of prima facie privilege in Debates, December 4, 1992, pp. 14629-31.
[169]
See for example, Speaker’s ruling in Debates, November 7, 1996, pp. 6225-6.
[170]
See for example, Speaker’s ruling in Debates, February 22, 2001, pp. 1049-51, and Speaker’s remarks (on a question of privilege on a separate matter) in Debates, February 25, 2003, pp. 3988-9.
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