Other Presiding Officers
Historical Perspective
At Confederation, the constitutional responsibility of the Speaker to “preside at all meetings”
of the House [267]
was fulfilled by the Speaker alone, as there were no provisions allowing another Member to take the Chair. [268]
After just a few months, the First Parliament passed an Act which allowed the Speaker to choose any Member
to occupy the Chair in the Speaker’s absence during the course of a sitting. [269]
When the House formed itself into a Committee of the Whole, the Speaker had the authority to select a
Member to act as Chairman. [270]
Many Members were called upon to fulfil this task. [271]
There could be no guarantee that Members selected ad hoc to preside over the House or a Committee
of the Whole would be conversant with the rules or able to arrive at a satisfactory resolution of questions
of order. There were no set adjournment times for the daily sittings, and the House typically sat late into
the evening. All this tended to add to the burden of responsibility carried by the Speaker.
In 1885, having cited the British practice as an example to follow, the Prime Minister put forward the
proposition that the House would be better served if the positions of Speaker and Chairman of Committees of
the Whole were divided into two offices so that a permanent Chairmanship of Committees of the Whole would
be established. The salaried incumbent could also act as Speaker both at the beginning of and during a
sitting when the Speaker was absent. [272]
The Speaker would retain the right to call any Member to take the Chair temporarily during a sitting and
would still be obliged, in the absence of the Chairman, to select another Member to chair any Committee of
the Whole. The House was not entirely convinced of the need; [273]
nevertheless, the Prime Minister pursued the matter. After debate, rules were adopted providing for a
Chairman of Committees of the Whole to hold office for the duration of a Parliament [274]
and, later that year, a bill was passed enabling this Chairman to act as Speaker in the Speaker’s
absence. [275]
The provisions of that Act are now found in the Parliament of Canada Act and were the basis for
subsequent changes in the Standing Orders, which vested in the Deputy Speaker and Chairman of Committees
of the Whole all the legal powers of the Speaker when he or she is absent from the House.
In the years that followed, it became accepted practice for the Deputy Speaker, on occasion, to delegate the
powers of Chairman to other Members. [276]
In 1938, when it was foreseen that the Deputy Speaker and Chairman of Committees of the Whole would be
absent from the House for a period of time, the House adopted an amendment to the rules to provide for the
selection of a Deputy Chairman of Committees of the Whole who would have all the powers of the Chairman. [277]
The rule codified the power of the Chairman to open a sitting of the House in the Speaker’s absence,
a power that up to then had not been shared. [278]
It was suggested that the new position would not be permanent but would be filled only as required; [279]
the rule provided for the office of Deputy Chairman to be filled on a sessional basis or as the need arose.
After the initial appointment for a single session in 1938, the post was left vacant for nine years and not
filled until 1947. [280]
From 1947 to 1953, subsequent appointments were made as the need arose. [281]
When nominating a Deputy Chairman of Committees of the Whole in 1953, the Prime Minister referred to the
appointment as “completing the organization of the personnel of the House” [282]
and, thereafter, the practice of selecting a Deputy Chairman for the duration of each session was
established.
As the work of the House and the length of its sessions continued to increase, the House identified a need
for the services of an additional Presiding Officer. The position of Assistant Deputy Chairman of Committees
of the Whole was created in 1967, through an amendment to the rules pursuant to the recommendation of a special
committee on procedure. [283]
Again, the rule enabled the incumbent to exercise all the powers of the Chairman of Committees of the
Whole, including those of Deputy Speaker, during the Speaker’s absence. There was no suggestion that
the position should be temporary, and since 1971 it has been routinely filled. [284]
The written rules on other Presiding Officers have undergone little change over the years. In 1906, the rule
obliging the Speaker to appoint a Member to preside at any Committee of the Whole (“shall appoint”)
was relaxed so as to remove the element of obligation (“may appoint”). [285]
In 1927, the term “Deputy Speaker”, which had for some time been in common use among Members in
referring to the Chairman of Committees of the Whole, began to be used in the written rules. [286]
The original rules governing the selection of the Deputy Speaker and Chairman of Committees of the Whole
explicitly required the selection to take place at the start of each Parliament, after the Address in Reply
from the Speech from the Throne had been agreed to. However, this rule was not always adhered to [287]
and, in 1955, it was amended so that the selection could be made early in a new Parliament, regardless of
whether or not the Address had yet been agreed to. [288]
In 1968, a reference to its British antecedents was dropped from the rule providing for the appointment of
the Deputy Speaker. [289]
Authority
Every action of the Deputy Speaker, when acting in the Speaker’s place, has the same effect and
validity as if the Speaker had acted; or, in the terms of the Parliament of Canada Act:
Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker
… that relates to any proceedings of the House of Commons or that, under any statute, would be
done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as
if it had been done, issued, signed or published by the Speaker. [290]
At the start of a sitting, the Parliament of Canada Act provides that when the Speaker’s
unavoidable absence is announced to the House by the Clerk, [291]
the Deputy Speaker takes the Chair. If the Speaker is still absent at the start of the next sitting, the
Deputy Speaker again assumes the Speaker’s role and may continue to do so from day to day until the
Speaker’s return. If the House should adjourn for longer than 24 hours, the Deputy Speaker can
continue to act as Speaker only for 24 hours from the time of adjournment. [292]
From time to time, the Speaker has been absent at the beginning of a sitting; more rarely, the Speaker has
been absent over several consecutive sittings. [293]
It has happened that in the absence of both the Speaker and the Deputy Speaker, the Deputy Chairman and
Assistant Deputy Chairman, as alternates to the Deputy Speaker and Chairman of Committees of the Whole,
have opened a sitting of the House. [294]
In such cases, they are entitled to exercise all the powers vested in the Deputy Speaker during the
Speaker’s absence. [295]
Role
The primary roles of the Deputy Speaker and the other Presiding Officers are to support the Speaker in the
Chamber as presiding officers, to take the Chair when the House sits as a Committee of the Whole and, on
occasion, to chair legislative committees. In addition, the Deputy Speaker has certain administrative
responsibilities.
In the House, the Speaker is generally in the Chair at specific times: at the opening of the sitting and
during Members’ Statements, Oral Questions and Routine Proceedings. The remaining time in the Chair
is shared by the Deputy Speaker and the other Presiding Officers. [296]
On occasion, the Speaker or one of the other Presiding Officers may choose another Member to replace them
for a short period.
When the House forms itself into a Committee of the Whole, it is the duty of the Chairman of Committees of
the Whole to take the Chair if present in his or her place in the House. [297]
The fact that the rules now provide for the selection of a Deputy and Assistant Deputy Chairman of Commitees
of the Whole does not, in theory, affect the Speaker’s power to appoint another Member to preside as
Chairman in the absence of the Deputy Speaker; [298]
however, in keeping with the practice established at the turn of the twentieth century, the task of filling
the acting chairmanship typically falls to the Member presiding as Speaker. [299]
It has rarely been necessary for the Speaker to call upon another Member.
As regards administrative responsibilities, the Deputy Speaker may be asked to serve on the Board of
Internal Economy [300]
and is usually a member of the Executive Committee. With the Deputy and Assistant Deputy Chairman of
Committees of the Whole, the Deputy Speaker is a member of the Panel of Chairmen for legislative committees,
and may thus be appointed by the Speaker to chair a legislative committee, or act in place of the Speaker
to appoint Members to chair legislative committees. [301]
On one occasion, the House adopted a special order establishing a special committee to be chaired by the
Deputy Speaker. [302]
While the Standing Orders provide for the Speaker’s impartiality and independence by enjoining him
or her not to participate in any debate before the House, [303]
there is no such clear statement as to whether the Deputy Speaker and other Presiding Officers should take
part in debate. Until the 1930s, it was not unusual for the Deputy Speaker to participate actively in
debate, [304]
and there has been controversy from time to time over the extent to which the Chair occupants (other than
the Speaker) should remain aloof from partisan politics. [305]
In 1931, when a question arose as to the propriety of the Deputy Speaker speaking in debate, it was
generally felt that the actions of the Deputy Speaker must be governed by “good taste and judgement”. [306]
Since then, and in the absence of any rule or guideline governing the political activities of Presiding
Officers of the House or limiting their participation in debate or voting, the degree of participation has
been an individual decision. In 1993, Deputy Speaker Champagne agreed to act as co-Chair of her party’s
leadership convention. A question of privilege was raised in the House by a Member who argued that this
decision affected the appearance of impartiality attached to the office of Deputy Speaker and that she was
therefore guilty of a contempt of the House. Speaker Fraser ruled that, given the existing practice and the
absence of clear direction from the House, Deputy Speakers have used varying degrees of discretion in terms
of their party involvement. He clarified that they remain members of their political parties and, unlike
the Speaker, may attend caucus meetings, participate in debate and vote. The Speaker ruled that the Deputy
Speaker is not “cloaked with the same exigencies that are expected of the Speaker” and that the
matter did not constitute a prima facie case of privilege. [307]
In accordance with recent practice, the Deputy Speaker and other Presiding Officers generally avoid taking
part in debate, but do for the most part maintain their right to vote when not presiding over the House. [308]
In 1985, when the Assistant Deputy Chairman participated in debate on a bill before the House, an objection
was raised. [309]
Presiding Officers (with the exception of the Speaker) have presented petitions [310]
and made Members’ Statements, [311]
and no objection has been made. On occasion, a Presiding Officer has taken the opportunity to offer a
comment from the Chair, and again no objection was made. [312]
In general, occupants of the Chair have not sponsored or pursued private Members’ bills or motions, [313]
or placed written questions on the Order Paper. [314]
Method of Selection
The rules of the House provide for the selection of the Deputy Speaker and Chairman of Committees of the
Whole. [315]
The Deputy Speaker is selected at the start of every Parliament and holds office for the duration of the
Parliament. The selection generally occurs after the Speaker’s report to the House on the Speech from
the Throne, at the opening of the first session. [316]
A Member, usually the Prime Minister, [317]
moves a motion proposing that a certain Member assume the office of Deputy Speaker and Chairman of
Committees of the Whole House. With a few exceptions, the proposed Member has been from the government side
of the House [318]
and the motion has been seconded by a government Member. [319]
The rules require the Deputy Speaker to be fluent in the official language which is not that of the Speaker
“for the time being”. [320]
The names put forward have rarely met with opposition. [321]
The rules provide similarly for the selection of a Deputy Chairman and Assistant Deputy Chairman of
Committees of the Whole for a session. [322]
The appointments are made at the start of each session, or from time to time as necessary, by means of a
motion moved and seconded by Members from the government side of the House. [323]
In some recent cases, adoption of the motion has been preceded by debate and a recorded division. [324]
With just one exception, the Members selected to the offices of Deputy Chairman and Assistant Deputy
Chairman of Committees of the Whole have come from the government benches. [325]
Tenure
The selection of a Deputy Speaker and Chairman of Committees of the Whole is effective for the life of the
Parliament; in the event of a vacancy in the office “by death, resignation, or otherwise”, the
House is required to proceed “forthwith” to the selection of a successor. [326]
Vacancies in the office of Deputy Speaker have occurred between sessions as well as during a session.
Vacancies have occurred four times between sessions (1889, 1914, 1959 and 1961), when Members who were
occupying the Chair as Deputy Speaker were appointed to Cabinet positions. Charles Carroll Colby and
Pierre-Édouard Blondin were appointed to Cabinet in 1889 and 1914 respectively. As was the law at the
time, they resigned their seats as Members, thus vacating the office of Deputy Speaker and Chairman of
Committees of the Whole. [327]
Each was re-elected in by-elections between sessions and in each case, on the first day of the new session,
the Speaker informed the House of the vacancy in representation and then announced the certificate of
election and return of the Member. [328]
On the fourth and third sitting day of the new session respectively, a new Deputy Speaker was selected; [329]
in accordance with the rules in effect at the time, the selection could not take place until after the
Address in Reply to the Speech from the Throne had been agreed to. [330]
Pierre Sévigny and Jacques Flynn were appointed to Cabinet in 1959 and 1961 respectively. In each
case, on the first day of the new session, following the Speech from the Throne, the Prime Minister
informed the House of changes to the Cabinet and then moved a motion to appoint a Deputy Speaker and
Chairman of Committees of the Whole. [331]
In none of the foregoing cases do the official publications mention a resignation or letter of resignation
communicated to the House by the Speaker.
There have also been vacancies during a session (in 1935, 1952, 1970, 1984 and 1990). The death of Armand
LaVergne in 1935 is the only instance of the death of a Deputy Speaker while in office. [332]
A successor was chosen four sitting days after news of his death was brought to the House. [333]
J.A. Dion was appointed a judge in 1952 and resigned as a Member, thus creating a vacancy in the Deputy
Speakership. [334]
Hugh Faulkner was appointed a Parliamentary Secretary in 1970, and his resignation was communicated to the
House by the Speaker. [335]
Lloyd Francis, selected as Deputy Speaker at the opening of the Thirty-Second Parliament in 1980, [336]
vacated that office by virtue of his election to the Speakership following the resignation of Speaker
Sauvé in the Second Session of the Parliament. [337]
In the latter three cases, the new Deputy Speaker was selected on the day on which the House was informed
of the change in status of the Members. A less typical case is that of Deputy Speaker Marcel Danis, who was
appointed to the Cabinet on February 23, 1990. Following his Cabinet appointment, he did not preside over
the House, but remained in office as Deputy Speaker and Chairman of Committees of the Whole until May 15,
1990, when his official resignation was communicated to the House and a new Deputy Speaker was elected. [338]
The offices of Deputy Chairman and Assistant Deputy Chairman of Committees of the Whole may be filled
“at the commencement of every session, or from time to time as necessity may arise”. [339]
Thus, a vacancy during a session would not necessarily be filled immediately, or at all. For example, after
the initial appointment of a Deputy Chairman of Committees of the Whole for a single session in 1938, the
post was left vacant until 1947. [340]
In December 1967, the Deputy Chairman of Committees of the Whole, Maurice Rinfret, died, and the position
remained vacant for the balance of the session. However, since 1974 (First Session, Thirtieth Parliament),
the House has operated with the full complement of Presiding Officers as the statutes and rules provide,
and current practice has been that when such vacancies arise they are filled without undue delay. [341]
Vacancies during a session in the offices of Deputy Chairman and Assistant Deputy Chairman have occurred
for various reasons. In more than one case, a Member serving as Deputy Chairman or Assistant Deputy
Chairman was appointed to fill a vacancy among the other Presiding Officers, [342]
or accepted an appointment of another kind. [343]
In 1961, the Prime Minister informed the House that the Deputy Chairman of Committees of the Whole wished
to be replaced, due to illness, and immediately moved a motion naming a successor. [344]
In 1996, the Deputy Chairman was appointed to the Senate and resigned as a Member, thus vacating the Deputy
Chairmanship. [345]
On other occasions, vacancies have occurred as the result of resignations. [346]
In some cases where the Deputy Chairman of Committees of the Whole stepped down, the fact of the
resignation was announced to the House by the Speaker. [347]
The selection of a particular individual as Chairman, Deputy Chairman or Assistant Deputy Chairman has been
renewed from Parliament to Parliament or from session to session as the case may be. [348]
It has also happened that individuals have moved from one presiding officer position to another, either
through filling vacancies during a session or through selection to other positions in a new session of
Parliament; however, there is little evidence to suggest that this experience has created a path to the
Speakership. Of the 33 Speakers who have occupied the Chair since Confederation, eight had prior experience
as a Presiding Officer in the House of Commons. [349]