I believe [the parliamentary calendar] has been responsible for bringing order to our proceedings and has
encouraged and fostered negotiation and compromise between the Parties in the days leading up to the
automatic adjournments. Without that co-operation and constant negotiation and compromise, our system of
government ceases to operate smoothly.
Speaker John A. Fraser
(Debates, June 13, 1988, p. 16379)
T
he life cycle of a Parliament is regulated by constitutional provisions
as well as Standing Orders. The most fundamental of these are the Constitution Acts, 1867 to 1982,
which provide first, that only the Crown may “summon and call together the House of Commons”; [1]
second, that subject to a dissolution, five years is the maximum lifespan of the House between general
elections; [2]
and third, that “there be a sitting of Parliament at least once every twelve months”. [3]
At the same time, the financial requirements of the government render a meeting of Parliament every year a
practical necessity for the annual granting of Supply by Parliament for a fiscal year (April 1 of one year
to March 31 of the following year). [4]
As such, the date selected for the opening of each new Parliament following a general election and of each
new session within a Parliament, can and does vary — within constitutional limitations —
according to the political and financial priorities of the government.
Against this backdrop, the Standing Orders of the House provide for a pre-determined annual calendar of
sittings, known as the parliamentary calendar, which applies only when the House is in session. [5]
In this way, within each session, the days on which the House is likely to meet are known long in advance,
thus allowing for a more orderly planning of House business.
The complex procedures and practices surrounding financial matters are addressed in
Chapter 18, “Financial Procedures”.
The present chapter focusses on the life of a Parliament and its sessions; namely, the
opening and closing of a Parliament and a session, and the sitting and non-sitting periods within a
session, as determined by the parliamentary calendar.
Terminology
Several recurring terms and phrases associated with the parliamentary cycle require explanation for the purpose
of clarity.
- Parliament
- A Parliament is a period of time, during which the institution of Parliament (comprising
the Sovereign, the Senate and the House of Commons) exercises its powers. The process of starting a
Parliament begins with the proclamation of the Governor General calling for the formation of a new
Parliament and setting the date for a general election. A Parliament ends with its dissolution. A House of
Commons has a constitutionally determined maximum lifespan of five years. [6]
- Session
- A session is one of the fundamental time periods into which a Parliament is divided, and usually
consists of a number of separate sittings. A session begins with a Speech from the Throne when Parliament is
summoned by proclamation of the Governor General; it ends with a prorogation or dissolution of Parliament.
There may be any number of sessions in a Parliament; the numbers have ranged from one to seven. [7]
There is no set length for a session.
- Sitting
- A sitting is a meeting of the House within a session. The Standing Orders provide times and days for the
sittings of the House. [8]
A sitting is not necessarily synonymous with a “day”. Some sittings are very brief; some have
extended over more than one calendar day. [9]
- Adjournment
- An adjournment is the termination of a sitting (pursuant to Standing or Special Order, or by motion).
An adjournment covers the period between the end of one sitting and the beginning of the next. It can be of
varying duration — a few hours, overnight, over a weekend, a week or longer. [10]
While prorogation and dissolution are prerogative acts of the Crown, the power to adjourn rests solely with
the House.
- Parliamentary Calendar
- The parliamentary calendar, as laid out in the Standing Orders, provides a fixed timetable of sittings
and adjournments for a full calendar year. [11]
In effect, once a session begins, the calendar alternates sitting periods with adjournments
at set points throughout the year. Each year consists of seven sitting periods of approximately three to
five weeks in length, and seven adjournments of varying lengths.
- Prorogation
- Prorogation of Parliament is the ending of a session, with a special ceremony held in the Senate Chamber
or with the issuance of a Governor General’s proclamation to that effect. Prorogation also refers to
the period of time a Parliament stands prorogued.
- Recess
- The time between the ending of one session and the opening of the next can be called a recess. In
practice, the term “recess” is also used in reference to a lengthy adjournment.
- Dissolution
- Dissolution is the formal ending of a Parliament by proclamation of the Governor General. This has
always occurred prior to the five-year time limit set by the Constitution for the expiration of the House
of Commons by effluxion of time. Dissolution is followed by a general election.
Opening of a Parliament and a Session
Summoning Parliament
Section 38 of the Constitution Act, 1867 provides for the summoning of Parliament: “The
Governor General shall from Time to Time, in the Queen’s Name, by Instrument under the Great Seal of
Canada, summon and call together the House of Commons.”
The “Instrument” consists of two forms of proclamation issued by the Governor General on the
advice of the Prime Minister [12]
and published in the Canada Gazette. The first form sets the date for which Parliament is summoned
(the date can later be advanced or put back). It is issued at the end of the preceding session, in keeping
with the principle of the continuity of Parliament, whereby a session ends with provision made for its
next meeting. The second form confirms the date and sets the time at which Parliament is summoned to meet
for the transaction of business. For example, prior to the opening of the First Session of the Thirty-Sixth
Parliament, a series of proclamations was initially issued summoning Parliament to meet on June 23, 1997,
then to meet on August 1 and later to meet on August 29, 1997. On August 27, a final proclamation summoned
Parliament to meet “for the Despatch of Business” at 11:00 a.m. on September 22, 1997. [13]
Proceedings on Opening Day
The opening of a Parliament is also the opening of the first session of that Parliament. Two procedures
distinguish it from the opening of subsequent sessions. These are the taking and subscribing of the Oath of
Allegiance by Members, and the election of a Speaker.
Members Sworn In
Following a general election, the Clerk of the House receives from the Chief Electoral Officer the names of
Members elected to serve in the House of Commons. [14]
In order for the elected Members to take their seats in the House, it is required by the Constitution
Act, 1867, that they first subscribe to an Oath of Allegiance. [15]
As an alternative to swearing the oath, the Member may make a solemn affirmation. [16]
The oath or affirmation is administered by the Clerk of the House or another designated Commissioner. [17]
At this time, the newly sworn-in Member signs the Test Roll, a book whose pages are headed by the text of
the oath or affirmation. The general practice now is for Members to be sworn in prior to opening day, after
the Clerk receives the certificates of election returns from the Chief Electoral Officer. [18]
Matters relating to the oath, the affirmation and the signing of the Test Roll are covered in greater detail
in Chapter 4, “The House of Commons and Its Members”.
Election of the Speaker
Section 44 of the Constitution Act, 1867 provides for the election of a Speaker as the first item
of business when Members assemble following a general election. The Standing Orders provide for the manner
in which the Speaker is elected. [19]
On the day appointed by proclamation for the meeting of a new Parliament, the Members are summoned by the
division bell to assemble in the Chamber, where they receive the Usher of the Black Rod, [20]
who reads a message requesting the immediate attendance of the House in the Senate Chamber.
In a procession led by the Clerk of the House, the Members go to the Senate. There, a Deputy of the Governor
General [21]
is seated at the foot of the Throne, and the Speaker of the Senate addresses the Members on the Deputy’s
behalf, informing them that “… the Deputy … does not see fit to declare the causes
of his (her) summoning of the present Parliament of Canada until the Speaker of the House shall have been
chosen according to Law …”. [22]
This means that the Speech from the Throne will not be read until a Speaker has been elected. The Members
then return to the House and proceed to elect a presiding officer. (For further details on the election of
the Speaker, refer to Chapter 7, “The Speaker and Other Presiding Officers of the House”.)
Presentation of Speaker to Governor General
Following the election of the Speaker, at the time fixed for the purpose of appearing for the formal opening
of Parliament with a Speech from the Throne, the House again receives the Usher of the Black Rod, who
conveys the message of the Governor General requesting the presence of the House in the Senate. [23]
The procession is led by the Usher of the Black Rod, followed by the Sergeant-at-Arms (bearing the Mace),
the Speaker, the Clerk and the Members. At the Bar of the Senate, the newly elected Speaker stands on a
small platform, removes his or her hat and receives an acknowledgement from the Governor General, who is
seated on the Throne. [24]
The Speaker addresses the Governor General by an established formula, as follows:
May it please Your Excellency,
The House of Commons has elected me their Speaker, though I am but little able to fulfil the important
duties thus assigned to me. If, in the performance of those duties, I should at any time fall into error,
I pray that the fault may be imputed to me, and not to the Commons, whose servant I am, and who, through
me, the better to enable them to discharge their duty to their Queen and Country, humbly claim all their
undoubted rights and privileges, especially that they may have freedom of speech in their debates, access
to Your Excellency’s person at all seasonable times, and that their proceedings may receive from Your
Excellency the most favourable construction. [25]
The Speaker of the Senate, on behalf of the Governor General, makes the traditional reply: [26]
Mr. Speaker, I am commanded by His/Her Excellency the Governor General to declare to you that he/she
freely confides in the duty and attachment of the House of Commons to Her Majesty’s Person and
Government, and not doubting that their proceedings will be conducted with wisdom, temper and prudence,
he/she grants, and upon all occasions will recognize and allow, their constitutional privileges. I am
commanded also to assure you that the Commons shall have ready access to His/Her Excellency upon all
seasonable occasions and that their proceedings, as well as your words and actions, will constantly receive
from him/her the most favourable construction. [27]
The claiming of privileges by the Speaker on behalf of the House occurs only at the opening of a Parliament,
and is not repeated in the event a Speaker is elected during the course of a Parliament. [28]
After the claiming of privilege, the session is formally opened by the reading of the Speech from the
Throne.
Opening a Session
The swearing-in of Members and the election of a Speaker are the distinguishing features of the summoning of
a new Parliament for the opening of its first session; in sessions subsequent to the first, there are no
preliminary proceedings in the House. The opening of a session — whether it is the first or a
subsequent session — is marked by the reading of the Speech from the Throne. On each opening of a
session, the House assembles with the Speaker in the Chair, receives the Usher of the Black Rod and
proceeds in due course to the Senate for the reading of the Speech from the Throne.
The Speech imparts the causes of summoning Parliament, prior to which neither House can embark on any
public business. [29]
It marks the first occasion Parliament meets in an assembly of its three constituent parts: the House of
Commons, the Senate and the Sovereign, or Sovereign’s representative.
Opened by the Sovereign
When a session is opened by the Sovereign, as occurred in 1957 and 1977, the message communicated to the
House by the Usher of the Black Rod is “Mr. (Madam) Speaker, The Queen (King) commands this Honourable
House to attend Her (His) Majesty immediately in the chamber of the Honourable the Senate”. [30]
Opened by the Governor General
When, as in most cases, the Speech from the Throne is read by the Governor General, [31]
the Usher of the Black Rod delivers a message to the effect that His (or Her) Excellency the Governor
General of Canada “desires” the immediate attendance of the House in the Senate chamber. [32]
Opened by the Administrator
In the event of the death, incapacity, removal or absence from the country of the Governor General, the
powers of the office devolve upon the Chief Justice of Canada. When acting in this capacity, the Chief
Justice is known as the Administrator of the Government of Canada. [33]
The Speech from the Throne has been read on occasion by the Administrator. [34]
The message conveyed to the House by the Usher of the Black Rod in these cases is “His (Her)
Excellency the Administrator desires the immediate attendance of this Honourable House in the chamber of
the Honourable the Senate”. [35]
Speech from the Throne and Subsequent Proceedings in the House
The Speech from the Throne usually sets forth in some detail the government’s view of the condition
of the country and provides an indication of what legislation it intends to bring forward. After hearing
the Speech, the Speaker and Members return to the House. If the session is the first of a new Parliament,
the newly elected Speaker will have made the traditional statement claiming for the House all its
“undoubted rights and privileges”. This is reported by the Speaker to the House on returning
from the Senate. [36]
The business for the day’s sitting then proceeds.
There are certain items which normally are dealt with by the House on the first day of a session. These
are described below, in the order in which they are normally brought before the House. As will be noted,
variations can and do occur.
Formal Business
- Pro forma bill:
- Before proceeding to the consideration of the Speech from the Throne, the House gives first reading
to the pro forma Bill C-1, An Act respecting the Administration of Oaths of Office. [37]
Typically, the bill is introduced by the Prime Minister; it receives first reading but is not proceeded
with any further during the session. Its purpose is to assert the independence of the House of Commons and
its right to choose its own business and to deliberate without reference to the causes of summons as
expressed in the Speech from the Throne. [38]
- Report of Speech from the Throne:
- The Speaker reports to the House on the Speech from the Throne, informing the House that “to
prevent mistakes” a copy of the Speech has been obtained; its text is printed in the Debates. [39]
A motion is then moved, usually by the Prime Minister, and adopted for the Speech from the Throne to be
considered either “later this day” or on a future day, [40]
at which time debate takes place on a motion for an Address in Reply to the Speech from the Throne (for
further information on the Address in Reply,
see Chapter 15, “Special Debates”).
Routine Opening Day Motions and Announcements
Traditionally, certain other items of business have been attended to following the Speech from the Throne.
These are described below, in the order in which they are customarily taken up.
- Board of Internal Economy:
- The Speaker may make an announcement to the House with regard to Members appointed to sit for the
duration of the Parliament on the Board of Internal Economy, the body responsible for all matters of
administrative and financial policy affecting the House of Commons. [41]
- Membership of Standing Committees:
- At the start of the first session of each Parliament, the membership of the Standing Committee on
Procedure and House Affairs is appointed and charged with the selection of Members for all standing
committees and standing joint committees. [42]
This is effected by motion moved without notice by a Minister, usually the Government House Leader. [43]
- Election of Other Chair Occupants:
- At the beginning of a Parliament, a Chairman of Committees of the Whole (who is also Deputy Speaker) is
selected for the duration of that Parliament. [44]
This is done by a government Member (usually the Prime Minister) moving without notice that a particular
Member, usually also from the government side, [45]
be Chairman of Committees of the Whole. The Deputy Chairman and the Assistant Deputy Chairman of Committees
of the Whole are selected in the same manner; [46]
their terms extend for the duration of the session in which they are chosen (for further information on the
roles and functions of these Presiding Officers,
see Chapter 7, “The Speaker and Other Presiding Officers of the House” [47]).
The motions have generally been adopted without dissent. [48]
- Order for Supply:
- The Standing Orders require the House at the start of each session to designate, by means of a motion,
a continuing Order of the Day for the consideration of the business of Supply. [49]
The designation of a continuing order for Supply follows on the statement usually found in the Speech from
the Throne informing Members that they “will be asked to appropriate the funds required to carry out
the services and expenditures authorised by Parliament”. [50]
The wording of the motion is generally as follows: “That this House at its next sitting consider the
business of Supply”. Once the motion is adopted, a continuing order to deal with Supply is placed on
the Order Paper under Government Orders and any Supply item to be considered by the House during
the session will appear on the Order Paper under this Order of the Day.
Other Items
Other items of business have been included from time to time on opening day. For example, in 1996, Speaker
Parent responded to a point of order raised in the previous session on the first day of the new session
after all the usual business items had been dealt with. [51]
- Vacancies:
- From time to time, the Speaker is notified that a sitting Member has vacated his or her seat in the
House. When this occurs prior to the opening of the session (whether the first or a subsequent session of a
Parliament), the Speaker so informs the House at some point during the day’s proceedings. [52]
- New Members:
- Members elected in by-elections prior to the opening of a session have been introduced to the House on
the first day of the new session. [53]
- Tributes:
- When a Member, former Member or distinguished individual has died during a period when the House is not
in session, tributes have been offered on the first day of the new session, often at the point in the
proceedings following the adoption of the motion to consider the Speech from the Throne. [54]
Such tributes have also been offered early in the session but not as part of the proceedings on the opening
day. [55]
- Appointment of House Officials:
- In the event that senior officials of the House are appointed between sessions, it has been customary
for the Speaker to inform the House of the appointment or appointments on the first day of the new session. [56]
“Special” Sessions
A small number of sessions (see Figure 8.1) have been termed “special sessions” in the
Debates or Journals of the House of Commons. From a procedural standpoint, there is
nothing special about a “special” session. The elements required for the opening and closing
of a session are present. If the special session is the first of a Parliament (as occurred in 1930), a
Speaker of the House must first be elected.
It will readily be noted that the “special” sessions were short-lived. They also shared
certain characteristics. However, other sessions of short duration, though not officially termed
“special” in the Debates or Journals of the House of Commons, have shared
the same characteristics:
- Parliament was called to meet for a specific purpose, which was the principal focus of what was in
each case a comparatively short Speech from the Throne; [57]
- The five sessions specifically designated as “special” took place during a period when
sessions were generally shorter, with a fairly predictable annual rhythm of sitting and non-sitting
periods; the special sessions were called in late summer or autumn, times of the year when the House did
not usually sit; [58]
- The House in each of the “special” sessions approved a temporary suspension of certain
Standing Orders, with the aim of expediting the business before it. [59]
The Parliamentary Calendar
The parliamentary calendar, as laid out in the Standing Orders and reproduced as Figure 8.2, sets out a
schedule of adjournments of a week or more and thereby provides for sittings, or sitting periods,
throughout a year. [60]
It comes into effect once a session starts; in other words, the government is not bound by the Standing
Orders in considering plans for the timing and length of sessions. [61]
The calendar works in conjunction with other Standing Orders providing for daily meeting and adjournment
times, [62]
and providing for the House not to sit on certain days, most of the days in question being statutory
holidays or days deemed to be non-sitting days. [63]
Historical Perspective
In late 1982, the House agreed for the first time to operate under a fixed parliamentary calendar
specifying exactly when longer adjournments would take place and thereby when the House would sit during a
session. [64]
For much of its history, however, the House operated differently. There were no written rules specifying
when the House would not sit. If the House wished to adjourn for a period of time during a session, it was
necessary to adopt a special adjournment motion, even for a statutory holiday. [65]
Until 1940, sessions tended to be short, beginning in January or February and ending in May or June of the
same calendar year. During the years of the Second World War, the burden of government business grew and
session length increased; a pattern of long and irregularly timed sessions established itself. [66]
In 1964, the House adopted a Standing Order specifying certain days (mainly statutory holidays) during a
session when the House would not sit. [67]
Despite this, sessions continued to be long and adjournments and prorogations unpredictably timed.
The notion of scheduled adjournments again came to the fore in the early 1980s when the motion to adjourn
for the summer became the occasion for extended and rancorous debate. [68]
In November 1982, in accordance with recommendations of a special procedure committee (the Lefebvre
Committee), the House adopted a series of measures intended to better organize the time of the House and
of Members who, along with responsibilities in the House, were occupied with work in committees and in their
constituencies. Chief among the measures was the parliamentary calendar, providing for the first time a
fixed schedule of sittings and adjournments for the House and adding some degree of predictability to the
scheduling of sitting and non-sitting periods. [69]
The calendar as adopted in 1982 divided the session into three parts (assuming the House to be in session
through an entire calendar year), separated by adjournments at Christmas, Easter and the summer months.
Since its implementation, the calendar has undergone some modification. The Christmas and summer
adjournments were extended slightly in 1991 and, within the three main sitting periods, additional brief
adjournments were added in 1983 and 1991. [70]
These are for the most part clustered around existing statutory holidays observed by the House, with the
result that each trimester is further broken down into two to three sitting periods.
Sitting and Non-sitting Periods
The House calendar as it appears in the Standing Orders, reproduced in Figure 8.2, sets out the pattern of
adjournments and thereby sittings during a calendar year. [71]
Each adjournment begins at the end of the sitting on the days listed in column A. If such a sitting carries
over to another day, the adjournment would still begin at the end of the sitting. In each case the session
resumes on the corresponding day listed in column B. In order for the adjournment provisions to take effect,
the House must sit on the day listed in column A, unless special arrangements are previously agreed to by
the House. [72]
Figure 8.2 – The House Calendar (Standing Order 28(2))
|
When the House meets on a day, or sits after the normal meeting hour on a day, set out in column A,
and then adjourns, it shall stand adjourned to the day set out in column B.
|
| A |
B |
|
| The Friday preceding Thanksgiving Day |
The second Monday following that Friday |
| The Friday preceding Remembrance Day |
The second Monday following that Friday |
| The second Friday preceding Christmas Day |
The first Monday in February |
|
The Friday preceding the week marking the miday point between the first Monday in February and the
Friday preceding Good Friday
|
The second Monday following that Friday |
| The Friday preceding Good Friday |
The Monday following Easter Monday |
| The Friday preceding the week marking the midway point between the Monday following Easter Monday and June 23 |
The second Monday following that Friday or, if that Monday is the day fixed for the celebration of
the birthday of the Sovereign, on the Tuesday following that Monday
|
| June 23 or the Friday preceding if June 23 falls on a Saturday, a Sunday or a Monday |
The second Monday following Labour Day |
The House may be recalled, or Parliament may be summoned for the opening of a new session, during what
would normally be an adjournment period. The House would then transact its business in the usual way and,
unless a special adjournment motion is adopted, would continue to sit during the remaining days of that
adjournment period and into the following sitting period as set out in the parliamentary calendar. The next
adjournment period would then begin at the end of that sitting period as specified in column A.
The House meets five days a week, from Monday to Friday. [73]
Assuming that the House is in continuous session for the full calendar year, the parliamentary calendar
provides for about 135 sitting days and seven adjournment periods at set times throughout the year. This
may be described as creating three distinct sitting periods: September to December, February to Easter, and
Easter to June. Three major adjournments are scheduled at Christmas (approximately 7 weeks), Easter
(2 weeks) and the summer season (approximately 12 weeks). Four additional adjournments, each about a week
in duration, occur in mid-October, mid-November and at the midpoints of the second and third trimesters.
Although the span of time in which the House has operated under the fixed parliamentary calendar is
relatively brief, it may be said that since its institution, the parliamentary calendar has enjoyed an
appreciable level of compliance. Departure from the calendar can and does occur, however. The royal
prerogatives of prorogation and dissolution, for example, are not in any way compromised by the existence
of the parliamentary calendar. On occasion the House has been recalled during an adjournment, pursuant to
Standing Order. [74]
The House has also agreed to vary the calendar, both by unanimous consent [75]
and by the adoption of a motion following notice and debate. [76]
Statutory Holidays and Other Non-sitting Days
For most of its history, the House had no written rule identifying days during a session when it would not
meet. This gave rise to a practice of irregular — if not haphazard — adjournments, mainly for
observance of statutory holidays. The question of whether or not the House would adjourn on a particular
day was dependent on such variables as:
The Length and Timing of Sessions
In the early post-Confederation years, sessions tended to begin in mid-to late winter and end in late
spring; consequently, the question of adjourning over Christmas, for example, did not arise. [77]
The Development of Provisions for Statutory Holidays
In the absence of any written rule, the House tended to make its own decisions with regard to statutory
or non-statutory holiday observances (for example, Dominion Day [78]
has been a statutory holiday since 1879, but this has not prevented the House from sitting on that day [79] ).
Prevailing Customs
In the early post-Confederation years, the House adjourned for the day when informed of the death of a
sitting Member during the session; by the late nineteenth century this practice had all but disappeared [80] ,
and in the 1970s and 1980s, it was accepted practice that an adjournment for the remainder of the day
would take place when news of the death of a sitting Member reached the House in the course of the sitting. [81]
Another example of a prevailing custom is the practice whereby the House agrees not to sit on certain days
to accommodate Members who wish to attend a policy or leadership convention of their political party. [82]
In 1964, the Standing Orders were amended to include a list of the days on which the House would not sit
during a session. [83]
There are nine: New Year’s Day, Good Friday, Victoria Day (celebration of the birthday of the
Sovereign), St. John the Baptist Day, Canada Day (Dominion Day), Labour Day, Thanksgiving Day, Remembrance
Day and Christmas Day. [84]
All, except St. John the Baptist Day, are statutory holidays as defined by the Interpretation Act. [85]
The Standing Order further provides that whenSt. John the Baptist Day (June 24) and Canada Day (July 1)
fall on Tuesday, the House does not sit on the preceding day; similarly, when they fall on Thursday, the
House does not sit on the following day. Since these non-sitting days typically fall within the periods
of long adjournments, this Standing Order rarely comes into play. [86]
It will, of course, come into play if the House meets outside the parliamentary calendar.
Exception to the Calendar
Recall of the House During an Adjournment
When the House stands adjourned during a session, the rules provide the means by which the House may be
recalled prior to the date originally specified, to transact business as if it had been duly adjourned to
the earlier date. [88]
The decision to recall is taken by the Speaker, after consultation with the government and once the Speaker
is satisfied that the public interest would be served by an earlier meeting of the House. [89]
The rule makes no reference to criteria other than the public interest. Should the Speaker be satisfied
of the need for the recall, the rule further provides for the Speaker to give notice of the day and hour
of the resumption of the session. Normally, the Speaker requests a period of time following the notice
(the practice is a minimum of 48 hours) in which to notify Members individually and allow for their travel
time. Depending on the circumstances, a Special Order Paper and Notice Paper (in addition to the
regular Order Paper and Notice Paper) may be published at the request of the government. [90]
For the first 70 years after Confederation, the practice was to end the session by prorogation rather than
have a lengthy adjournment. [91]
In 1940, however, given the uncertainty of the wartime situation, it was deemed advisable to adjourn rather
than to prorogue, in order to enable the House to reconvene quickly if necessary. The House adopted a
motion to adjourn which empowered the Speaker to recall the House if, after consultation with the
government, it was concluded that it was in the public interest to do so. [92]
Similar motions were adopted in subsequent sessions and became routine when the House adjourned for an
extended period of time.
The first recall under these circumstances occurred in 1944, when the government wished to apprise the House
of the situation arising from the resignation of the Minister of National Defence. [93]
Several other recall took place before 1982, [94]
at which time the practice was codified by the adoption of a Standing Order worded similarly to the
adjournment motions used before 1982. [95]
The rule further provides that should the Speaker be unable to act due to illness or other reason, deputy
presiding officers may act in the Speaker’s place for the purpose of this particular Standing Order.
Consultation between the Speaker and the government regarding a recall of the House usually begins with a
government request made in writing to the Speaker, setting out reasons why it is in the public interest to
recall the House. The request may be made at any time. [96]
When a decision is taken to recall the House, the Speaker advises the Clerk of the House and asks that
the necessary steps be taken to resume the session. The Clerk then ensures that all is made ready for the
resumption of the sittings.
House officials are responsible for the logistics of the recall, including informing the Members and
publishing the Order Paper and Notice Paper (and a Special Order Paper and Notice Paper,
if the government so requests). [97]
Cancelling Recall Order
No mechanism exists to cancel an order to recall the House. However, on one occasion, after receiving such
a request from all the recognized parties in the House, the Speaker issued a formal statement in which he
cancelled an earlier notice for recall. The original notice was given on June 26, 1992, for the House to
meet on July 15, 1992; the notice of cancellation was given on July 11, 1992, and tabled on September 8,
1992, at which time the Speaker made a statement to the House. [98]
Tabling of Pertinent Correspondence by Speaker
It is usual practice, when the House reassembles following a recall, for the Speaker to inform the House
of the reason for the recall, the various steps taken to effect the recall and, if a Special Order
Paper and Notice Paper was requested, the steps taken for its publication and circulation. [99]
Since 1980, the Speaker has also tabled correspondence received from the government concerning the recall. [100]
Order of Business Upon Resumption of Sitting
A recall has no effect on the ordinary daily order of business of the House. When the House first meets
following a recall, Routine Proceedings, Question Period and other proceedings are all held in the usual
manner depending on the time of meeting of the House, which is set out in the notice of recall. [101]
Unless a motion to adjourn to a later date is adopted, or the session is ended by prorogation, the House
merely continues on subsequent days with its regular sittings as if it had been adjourned to the recall
date. In such cases, the House may well operate outside the parliamentary calendar for some time, as it
did in 1987 when the House was recalled in early August and did not again adjourn for an extended period
until the December break, which was in accordance with the calendar. [102]
“Recall” During a Prorogation
When Parliament is prorogued, the proclamation issued by the Governor General on the advice of the Prime
Minister and Cabinet includes a date for the opening of the new session. This date can be changed by means
of a further proclamation, resulting not in a recall as such but in an opening of the session at an earlier
date than that given in the initial proclamation. The new session commences and is conducted as an ordinary
session. [103]
It is also possible to prorogue Parliament and end a session by proclamation during an adjournment. [104]
Parliament would then meet for a new session in the normal manner on the date set in the proclamation.
Prorogation and Dissolution
Prorogation
Prorogation of a Parliament results in the termination of a session. Parliament then stands prorogued until
the opening of the next session. Like the summoning and dissolution of Parliament, prorogation is a
prerogative act of the Crown, taken on the advice of the Prime Minister. [105]
Parliament is actually prorogued either by the Governor General (or Deputy of the Governor General) in the
Senate Chamber, or by proclamation published in the Canada Gazette. When Parliament stands
prorogued to a certain day, a subsequent proclamation (or proclamations) may be issued to advance or defer
the date. [106]
Effects of Prorogation
The principal effect of ending a session by prorogation is to terminate business. Members are released
from their parliamentary duties until Parliament is next summoned. All unfinished business is dropped from
or “dies” on the Order Paper and all committees lose their power to transact business,
providing a fresh start for the next session. No committee can sit during a prorogation. [107]
Bills which have not received Royal Assent before prorogation are “entirely terminated” and,
in order to be proceeded with in the new session, must be reintroduced as if they had never existed. [108]
On occasion, however, bills have been reinstated by motion at the start of a new session at the same stage
they had reached at the end of the previous session; committee work has similarly been revived. This has
been accomplished in various ways:
- The House has given unanimous consent to a motion to reinstate a bill in a new session at the same stage
it had reached before prorogation. [109]
- The House has adopted amendments to its Standing Orders to carry over legislation to the next session,
following a prorogation. [110]
- In 1991, Parliament was prorogued for one day, ending the Second Session of the Thirty-Fourth Parliament.
The Third Session started a day later. Two standing committees were then revived by unanimous consent so
that they might terminate mandates from the previous session, provided that these committees would cease
to exist once their reports were presented in the House. A special joint committee was likewise revived and
two bills were reinstated. [111]
However, when unanimous consent was withheld to reinstate a further six bills, the government sought and
achieved reinstatement by adoption of a motion, following notice. [112]
- In the Second Session of the Thirty-Fifth Parliament (1996-97), the first item of government business
(laid out in a special Order Paper and Notice Paper) was a motion “to facilitate the conduct
of the business of the House”, which included a mechanism for reinstatement of bills — private
Members’ as well as government bills. [113]
For further information about the reinstatement of bills in a new session,
see Chapter 16, “The Legislative Process”.
There is also a provision in the Standing Orders for any outstanding Orders or Addresses of the House for
returns or papers to be presented to the House. They are considered to have been readopted at the start
of the new session without a motion to that effect. [114]
The Speaker has ruled that outstanding government responses to committee reports and to petitions are also
given the status of returns ordered by the House and therefore would be tabled in the House in the new
session. [115]
Prorogation in Practice
Prorogation practices have varied over time. Two methods have been used. Parliament has in recent years
been prorogued by proclamation while the House is adjourned, with the date of the new session being fixed
by proclamation. [116]
The House has also in the past adjourned for a period of time, reconvened, and Parliament has been
prorogued shortly thereafter with the new session opening soon afterward. [117]
On several occasions, the session was ended by prorogation in the morning, with the new session starting
in the afternoon of the same day. [118]
Traditionally, the House was summoned to the Senate to hear the Governor General (or the Deputy of the
Governor General) deliver a speech reviewing the accomplishments of the session, and to hear the Speaker
of the Senate read a message containing the date for the opening of the new session. At the end of the
ceremony, the House of Commons delegation would leave the Senate Chamber, but the procession would not
return to the House of Commons Chamber. The Speaker would return to the Speaker’s chambers and other
Members would simply disperse. The prorogation ceremony is a convention and is not required by any Standing
Order or statute. [119]
It is the prerogative of the Crown, on the advice of the Prime Minister, to determine which method to use
for prorogation.
Dissolution
A dissolution terminates a Parliament and is followed by a general election. [120]
The date of the election is set in accordance with the provisions of the Canada Elections Act. [121]
Like the summoning and prorogation of a Parliament, dissolution is a prerogative act of the Crown, normally
taken on the advice of the Prime Minister and proclaimed under the Great Seal of Canada by the Governor
General. [122]
Usually three proclamations are issued at the time of dissolution. The first is for the dissolution itself,
stating that Parliament is dissolved and declaring that “the Senators and Members of Parliament are
discharged from their meeting and attendance”. A second proclamation usually appears simultaneously;
it calls the next Parliament and informs with regard to the issuance of writs of election, the date set for
polling and the date set for the return of the writs. The third proclamation fixes the date on which
Parliament is summoned to meet, sometime following the return of the writs. [123]
The date of this summons may be changed through the issuance of a further proclamation. [124]
A Parliament may be dissolved at any time. If the House is sitting and there is not to be a prorogation
ceremony in the Senate Chamber, the dissolution is usually announced to the House by the Prime Minister or
another Minister. [125]
The Speaker then leaves the Chair without further ado.
The demise of the Crown does not have the effect of dissolving Parliament. [126]
In ancient British practice and until 1843 in Canada, however, the demise of the Crown resulted in an
automatic dissolution of Parliament. Because the summoning of Parliament is a royal prerogative and
Parliament sits at the pleasure of the Crown, its demise meant a lapsing of the summons and thus
dissolution. [127]
In 1843, an act was passed in the Province of Canada providing that a parliament in existence at the time
of any future demise of the Crown should continue as it would have otherwise, unless dissolved by the
Crown. [128]
Similar legislation existed in other provinces prior to Confederation. [129]
The law was re-enacted in the First Session of the First Parliament of Canada. [130]
Effects of Dissolution
With dissolution, all business of the House is terminated. The Speaker, the Deputy Speaker and the Members
of the Board of Internal Economy continue in office for the acquittal of certain administrative duties
until they are replaced in a new Parliament. [131]
For the purposes of certain allowances payable to them, Members of the House of Commons at the time of
dissolution are deemed to remain so until the date of the general election. [132]
Expiration of the House of Commons
The Constitution states that no House “shall continue for longer than five years”. [133]
Mindful of this deadline, all governments since Confederation have resorted to dissolution. In some cases,
the dissolution took place within days of when the House would have expired through effluxion of time. [134]
Extension of Life of the House of Commons
Since 1949, the Constitution has provided that in time of war, invasion or insurrection, the five-year
limit of the lifetime of the House of Commons “may be continued by Parliament” if no more than
one third of the Members oppose the continuation. [135]
Prior to the existence of this provision, such an extension required a constitutional amendment, a means
resorted to only once. Due to circumstances relating to World War I, the life of the Twelfth Parliament
(1911-17) was extended in this way for one year — from 1916 to 1917. [136]