Parliament of Canada

House of Commons Procedure and Practice

Second Edition, 2009

House of Commons Procedure and Practice - 20. Committees - Committee Membership, Leadership and Staff

 

To ensure the success of their work, committees count on the participation of their key players, in other words, their members. Guidance of the work is mainly in the hands of its leadership, that is the Chair, and the Vice-Chairs, if any. To assist committees in organizing and completing studies and projects, staff from the House of Commons and the Library of Parliament is made available to committees by the administrations of the two institutions.

*   Membership

The number of members varies depending on the type of committee. There are two basic types of members: regular members and, in the case of standing and standing joint committees only, associate members.

Members and Associate Members

*   Status of Members, Associate Members and Non-members

The status of member of a committee is accorded to Members of the House of Commons who belong officially to that committee. This status allows them to participate fully in their committee’s proceedings: members may move motions,[372] vote and be counted for purposes of a quorum.[373] They may also submit notices of motion if their committee requires such notice.

Standing and standing joint committees also have associate members. Associate members may be named to subcommittees and may act as substitutes for regular committee members who are unable to attend a committee meeting. While associate members are serving on subcommittees or as substitutes for regular members, they enjoy all the rights of regular members:[374] they are counted for purposes of a quorum, they may participate in debate, and they may move motions and vote. The use of associate members on subcommittees helps to reduce the workload of regular members.

The Standing Orders provide that any Member—whether affiliated with a political party or sitting as an independent—may participate in the public proceedings[375] of any committee, of which he or she is not a member, unless the House or the committee in question orders otherwise. The Standing Orders specifically exclude a non-member from voting, moving motions or being counted for purposes of a quorum.[376]

Committees often adopt sessional orders that govern the granting of the right to speak in cases where witnesses are to be questioned. Consequently, it is rare that a non-member is able to participate in such proceedings. Non-members are occasionally given the right to speak, however, following a decision by a majority of the members present or by unanimous consent.[377]

With the exception of joint committees, the Standing Orders do not provide for the participation of Senators in meetings of committees of the House of Commons.[378]

*   Establishing Committee Membership

Committees cannot take up the responsibilities assigned to them until their members have been named.[379] It is the House, and the House alone, that appoints the members and associate members of its committees, as well as the Members who will represent it on joint committees. The Speaker has ruled that this is a fundamental right of the House.[380] The committees themselves have no powers at all in this regard.[381]

In the vast majority of cases, the House sets the number, or the maximum number, of members for each committee. The number of members to be selected from each of the recognized parties is the subject of negotiation among the parties at the beginning of each Parliament. The resulting informal agreement is not set down in the Standing Orders or anywhere else, but is reflected in the composition of each committee, which generally reflects the proportions of the various recognized parties in the House.

The House has adopted committee membership mechanisms that enable it to rely largely on the recognized political parties to prepare the lists of members and associate members. As a result, an independent Member rarely sits on a committee unless a recognized political party allots him or her one of its seats.[382]

Members may belong to more than one committee, as either regular or associate members. While no rule prevents any Member from being named to a committee, current practice normally excludes those who have other parliamentary functions: the Speaker[383] and the other Chair Occupants,[384] Ministers[385] (including the Prime Minister[386]) and the leaders of recognized parties. Parliamentary Secretaries are normally appointed to the standing committees that have a mandate in their area of responsibility.[387]

For assistance in determining the membership of many of its committees, the House uses its Standing Committee on Procedure and House Affairs as a striking committee, that is, to prepare lists of members for standing, legislative and sometimes special committees. The lists are then reported to the House for approval. As a result of the Committee’s key role, there is a special procedure for appointing its members. At the start of the first session of a Parliament,[388] the Government House Leader normally moves a motion[389] to appoint the members of the Standing Committee on Procedure and House Affairs.[390] The 12 members of the Committee continue in this capacity from session to session throughout the life of a Parliament. At its first meeting, the Committee usually decides to delegate to the Whips of the recognized parties the authority to prepare lists of committee members and associate members for proposal to the House.[391]

Standing and Standing Joint Committees

The Standing Orders provide that all but four standing committees shall have 12 members. The exceptions are the Standing Committee on Access to Information, Privacy and Ethics, the Standing Committee on Government Operations and Estimates, the Standing Committee on Public Accounts and the Standing Committee on the Status of Women, which all have 11 members.[392] The Standing Orders do not fix the number of representatives of the Commons on standing joint committees, but they do require the House to appoint enough Members to reflect the proportional relationship between the two Houses of Parliament.[393] This relationship is roughly one-third (Senate) to two-thirds (House of Commons). The number of members on each standing joint committee varies from session to session depending on the number of Senators and Members that the two Houses of Parliament appoint to them.

Within 10 sitting days of its appointment at the beginning of a Parliament, the Standing Committee on Procedure and House Affairs must report to the House a list of members for standing committees and of the Members who will sit on standing joint committees. The list must be revised annually within the first 10 sitting days after the summer adjournment, as provided in the House of Commons’ calendar, and again at the beginning of each new session, as long as the Committee presents only one such report between the third Monday in September and December 31.[394]

The list of members of standing committees and standing joint committees takes effect when the House concurs in the report of the Standing Committee on Procedure and House Affairs.[395] Until the report has been concurred in, any previous memberships approved by the House during the session remain in effect.[396]

The Standing Orders also give the Standing Committee on Procedure and House Affairs responsibility for drawing up a list of associate members.[397] They set no limit on the number of associate members per committee. Nor do they set a deadline for presenting the House with a list of associate members. For practical reasons, the Committee usually reports this list to the House at the same time as its list of regular members. Here again, the list of associate members takes effect only when it has been concurred in by the House.[398]

The reports containing the lists of members and/or associate members for standing joint committees always include provision for sending a message to the Senate informing it which Members have been chosen by the House to represent it on those committees.[399]

Legislative Committees

Within five sitting days of the start of debate in the House on a motion to establish a legislative committee or to refer a bill to one, the Standing Committee on Procedure and House Affairs must meet to draw up a list of no more than 15 members for the legislative committee.[400] The list must be reported to the House no later than the Thursday following the five days, and the report is deemed concurred in upon presentation.[401] The membership list, which is then in effect, does not include the Chair of the committee, who is named separately by the Speaker.[402]

Special Committees and Special Joint Committees

The Standing Orders provide that special committees shall have no more than 15 members.[403] The membership of special committees may be established in several ways: the order of reference establishing a special committee may include the names of its members;[404] the members may be appointed separately by order of the House;[405] or the order of reference establishing the special committee may contain an instruction to a striking committee or the Whips of the recognized parties to prepare and bring in a list of names of Members.[406] The report from a striking committee must be concurred in by the House for it to come into effect.

In the case of special joint committees, the list of Members who will represent the Commons may be included in the order of reference that establishes the committee.[407] The members may also be appointed later, either by the adoption of a motion of the House[408] or by concurrence in a report from the Standing Committee on Procedure and House Affairs.[409] However this is done, the House must inform the Senate which Members will represent it, either by way of a message or by communicating the original order of reference (if it contains the membership list).[410] Unlike special Commons committees, the number of members on special joint committees is not limited; it can be whatever the two Houses prefer. By practice, the number of Members appointed to a special joint committee reflects the relative proportions of the Senate and the House of Commons.

Subcommittees

The membership of a subcommittee is usually determined by the main committee. Members of subcommittees may be named directly as part of the order of reference agreed to by the main committee,[411] but more often the main committee simply states in the order of reference the number of Members per recognized political party who will make up the subcommittee. It lets the Whips designate the Members belonging to their parties who will be regular members of the subcommittee.[412] Once all the Whips have finished their selection, the membership of the subcommittee is complete. In some cases, the main committee will use a combination of these two methods. The House itself may also name the members of a subcommittee.[413]

The members of a subcommittee may be selected from the regular members of the main committee, or from the list of associate members in the case of a subcommittee of a standing or standing joint committee.[414] The House or the main committee ultimately decide the number of members for a given subcommittee; the Standing Orders impose no limit in this regard.[415]

The membership of a subcommittee need not necessarily reflect the proportions of party membership either on the main committee or in the House itself. For example, when committees have agreed to establish subcommittees on agenda and procedure (steering committees), their memberships have varied considerably to suit individual committees’ needs. Typically, the steering committee of a standing committee consists of the main committee’s Chair, its two Vice-Chairs, and a representative of the third opposition party.[416] The steering committee of a legislative committee usually consists of the Chair and a representative of each of the parties.

*   Changes in Membership

Once the House has named the initial membership of its committees, there are no vacancies in positions for members or associate members.[417] Members of the House who are appointed to committees as regular or associate members retain this status until the House, or a mechanism authorized by the House, designates replacements for them (in the case of regular members) or removes them from the list (in the case of associate members). This applies even when Members can no longer carry out their functions on a committee (for example, in the event of a Member’s death or resignation from the House), or no longer wish to do so (for example, because of a change in the portfolio they have been given by their party).[418]

Standing and Standing Joint Committees

When a Member wishes to resign from a standing committee or a standing joint committee, he or she must give notice of this intention to the Chair of the Standing Committee on Procedure and House Affairs in writing.[419] If the Member belongs to a party, he or she may also inform the party Whip. In the case of Members who die or resign their seats, their party Whip will ensure that the necessary replacements are arranged.

Members who would like to be added to, or removed from, the list of associate members of a given committee inform their Whip, who takes the necessary steps.[420]

Any change to the lists of members and associate members is done via a report to the House by the Standing Committee on Procedure and House Affairs. In the case of changes to the list of regular members, the report indicates the name(s) of the Member(s) being replaced and the new Member(s) being appointed. If changes are being suggested to the list of associate members, the Committee will report additions to or removals from that list. In all cases, changes take effect when the House concurs in the Committee’s report.[421]

Legislative Committees

Changes in the membership of legislative committees are effected by having a notification of the change signed by the Chief Whip of the appropriate party and filed with the clerk of the committee. The notification indicates the names both of the Member being removed from the committee and of the replacement. Pursuant to the Standing Orders, changes take effect as soon as the committee clerk receives the notification.[422]

Special and Special Joint Committees

Changes in the membership of special committees and in the list of Members sitting on special joint committees are normally done by a special order of the House or using the mechanisms set out in the initial order of reference creating the committee.[423]

Subcommittees

A main committee may modify the membership of one of its subcommittees if it appointed the subcommittee’s members, but not if the House has done so.[424] If the members of the subcommittee were named in the order of reference creating the subcommittee, the main committee must adopt another order providing for the replacement of some members by others. If the initial order of reference left it up to the Whips of the recognized parties to designate members, changes to the membership list may be made by the Whips, who then inform the clerk of the subcommittee.[425] Orders of reference creating a subcommittee often put members of the main committee’s leadership (Chair, Vice-Chairs) on the subcommittee. If other Members assume these leadership functions in the course of the session, they automatically become members of the subcommittee without further formal action.

Substitutions

*   Status of Substitutes

It is generally accepted that Members who have been appointed to a committee are required to attend its meetings.[426] However, this may not be possible on occasion. When members of some types of committee are unable to attend its meetings, they can be replaced by designated substitutes. While a substitution is in effect, the substitute enjoys the same rights and privileges as the regular committee member whom he or she is replacing.[427] Substitutes are counted for purposes of establishing a quorum, and they may move motions (including those of which the member they are replacing has given notice[428]), participate in debate, and vote. Outside of meetings, substitutes may give notice, if the committee requires this, of motions that the member they are replacing, or another substitute for that member, may move at a later meeting.[429]

Substitutes for members who are officers of the committee (for example, its Chair or Vice-Chair) do not, however, assume the prerogatives or responsibilities related to these positions.

At meetings, the very principle of substitution means that it may only occur when the substituted member is absent from the meeting. Thus, a member, such as a Parliamentary Secretary, who is called upon to appear as a witness before a committee of which he or she is a member, cannot be substituted at that meeting, but retains his or her right to participate and vote during the meeting.[430]

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*   Methods of Designating Substitutes
Standing and Standing Joint Committees

The Standing Orders provide for the temporary replacement, by designated substitutes, of members of standing or standing joint committees who are unable to participate in committee business.[431]

Standing committee members, or Members who belong to a standing joint committee, may file with the clerk of their committee a list of the names of not more than 14 Members from their party who can act as substitutes when required. The list is to be filed within five sitting days of the committee’s organization meeting (the meeting of a committee where the members elect a Chair at the beginning of a parliamentary session). Changes to the list may be filed later as required.[432] Notification of replacement by a substitute on the list must be sent by the Member to his or her party’s Chief Whip the day before the meeting when the substitution is to occur. After signing the notice, the Whip forwards it to the clerk of the committee.

If no list of substitutes has been filed with the committee clerk, or if a list has been filed with the clerk but no notice has been received by him or her of a substitution being made from it, the Standing Orders authorize the Chief Whip of any recognized party to initiate a substitution by filing a notice with the committee clerk. For the purpose of substitution, Whips may select any Member belonging to their party.[433] They may also select one of the independent Members, if any, listed as associate members of the committee.[434]

Independent Members who are regular members of a committee can only be substituted on the initiative of the Chief Whip of a recognized party. As an independent Member occupies a spot traditionally reserved for a Member belonging to one of the recognized parties, it is the Chief Whip of the party in question who may submit a notice of substitution for the independent Member.

Ordinarily, substitutions are limited to one day at a time (the day the committee plans to meet). In most cases, a substitution takes effect from the time the committee clerk receives the notice until the end of the meeting or meetings held on the date indicated in the notice, or until the regular member arrives.[435] More than one notice of substitution for the same regular member may be filed successively with the committee clerk on a day when the committee is meeting, in which case the notice received last automatically replaces the one before.

Legislative Committees

The Standing Orders do not provide a mechanism for substitutions on legislative committees. Instead, a member of a legislative committee who is temporarily unable to carry out his or her duties can use the procedure established for changing the membership of a legislative committee: the Member files with the clerk of the committee a notification signed by the Member’s party Whip, indicating the name of the Member who will replace him or her as a regular member of the committee.[436] Should the first Member wish to continue sitting on the committee after the replacement, another notification of the same kind must be filed to reinstate him or her as a member of this committee.

Special and Special Joint Committees

Substitutions are permitted on special committees and special joint committees only where authorized in their order of reference and only in the manner stipulated in that order. The House has permitted substitutions on special committees in a manner similar to that used by standing committees.[437] It has also permitted special committee membership to be changed on signed notification by a Chief Whip, as is done for legislative committees.[438]

Subcommittees

The substitution mechanisms for subcommittees depend on the type of main committee to which they are attached. For example, the members of subcommittees of standing committees and the Members who sit on subcommittees of a standing joint committee may be substituted following the same procedure applicable to their main committee.

Participation by Non-Parliamentarians

In the past, some committees have allowed people who were neither Members of the House nor Senators to participate in certain committee studies. These individuals, who represented groups specifically targeted by the studies, were permitted to put questions to witnesses and participate in deliberations and the drafting of reports. They were not permitted to move motions or vote, nor could they be counted for purposes of a quorum.[439]

*   Chairs, Vice-Chairs and Acting Chairs

Roles of Chairs, Vice-Chairs and Acting Chairs

*   Role of Chairs

The Chair is a key figure on any committee.[440] Chairs are so important that when a committee does not have one, it is not considered properly constituted. It can undertake no work or other activities, and cannot exercise any of its powers.

Committee Chairs have procedural, administrative and representative responsibilities.

Procedural Responsibilities

Chairs preside over committee meetings and oversee committee work. They recognize the Members, witnesses and other people who wish to speak at these meetings; as in the House, all remarks are addressed to the Chair. They ensure that any rules established by the committee, including those on the apportioning of speaking time, are respected. They are responsible for maintaining order and decorum in committee proceedings, and rule on any procedural matter that arises, subject to an appeal to the committee.[441]

As the presiding officer of the committee, the Chair does not move motions. Furthermore, the Chair does not vote, except in two situations: when a committee is considering a private bill, the Chair may vote together with other members of the committee; and, when there is an equality of voices (a tie), the Chair has the casting vote.[442]

Administrative Responsibilities

Committee Chairs have considerable administrative responsibilities, starting with those involving the committee’s program of activities. In compliance with instructions from the committee or an order from the House, the Chair:

*      calls committee meetings;

*      decides on the agendas for the meeting;

*      cancels scheduled meetings or modifies agendas if an unexpected development makes this necessary and there is no committee meeting before the meeting that needed to be cancelled or have its agenda modified;[443]

*      usually presides over the Subcommittee on Agenda and Procedure, if there is one; and

*      works closely with committee staff to ensure that the committee’s work goals are achieved.

Chairs are also key figures in a committee’s financial administration. They:

*      submit budget requests approved by their committee to the Liaison Committee or the Board of Internal Economy;[444]

*      manage the budgets allocated to their committee, in conjunction with the committee clerk;

*      are ex officio members of the Liaison Committee;[445]

*      sign service contracts with personnel hired from outside the Parliamentary Precinct, as approved by their committee; and

*      sign the committee’s financial documents, including those incurring expenses and paying bills. Chairs may partially delegate this authority to the committee clerk.

Representative Responsibilities

Finally, committee Chairs have certain representative responsibilities for their committee. Committee reports are signed by the Chair, to certify that their content reflects the committee’s decisions.[446] Chairs normally present the reports to the House as well.[447]

Important correspondence from the committee is signed by its Chair, whose name also appears in the committee’s press releases. Chairs participate in official press conferences held by their committee. They are the committee’s main spokesperson to other parliamentarians,[448] the media and civil society. During Oral Questions in the House, a committee Chair may answer questions, provided they deal with the committee’s proceedings or schedule and not with the substance of its work.[449]

Within the Parliamentary Precinct, committee Chairs may have to represent their committee in making budget submissions, obtaining special leave from the House or welcoming delegations from other parliaments. Outside the Precinct, when a committee travels, its Chair acts as head of the delegation.

*   Role of Vice-Chairs

Vice-Chairs usually preside over meetings, or parts of meetings, when the Chair is absent. When they preside, they have the same authority as the Chairs for maintaining order and decorum.[450] The practice is that a committee’s first Vice-Chair is called upon first to replace its Chair, and that the second Vice-Chair, if one exists, is called upon to replace the Chair if the first Vice-Chair is not present when the absence of the Chair is noted.

Vice-Chairs are usually members of the Subcommittee on Agenda and Procedure, if their committee has one. Occasionally they may play a role outside committee meetings, at the request of the Chair. They may present a committee report in the House, for example, or appear before the Liaison Committee to defend a budget submission. In the Chair’s absence they may also answer oral questions in the House about the committee’s schedule or proceedings.[451]

Vice-Chairs cannot fulfil any responsibilities or perform any other function while the office of Chair is vacant.

*   Role of Acting Chairs

In the absence of the Chair and Vice-Chairs of a committee, an Acting Chair must be chosen to preside over a committee meeting.[452] With the committee’s consent, the Chair of a standing or special committee may designate a member to act as Chair at a given meeting if it is known in advance that the Chair and the Vice-Chairs will not be attending.[453] Where no Acting Chair has been designated, the committee clerk must preside over the election of an Acting Chair before the committee can begin its work.[454]

When he or she is unable to act in that capacity at or during a meeting, the Chair of a legislative committee is empowered by the Standing Orders to designate a member of the committee as an acting Chair.[455] The Chair’s designation of a replacement is notified to the clerk of the committee in writing, who in turn informs the committee at the meeting concerned.

An Acting Chair has the same authority as the Chair for maintaining order and decorum. No Acting Chair may be designated when the office of Chair is vacant.

Methods of Designation

As shown in figure 20.3, the methods of designating Chairs and Vice-Chairs vary depending on the type of committee. In most cases, they are elected by the members of the committee, but others are, or may be, chosen by third parties (the House, the Speaker, the main committee in the case of a subcommittee). Some committees have Vice-Chair positions, some do not, depending on the Standing Orders or an order from the House. In some cases, the decision whether or not to have a Vice-Chair is up to the committee.

 

Methods of Designating Chairs and Vice-Chairs by Type of Committee

Any Member of the House may be asked to be the Chair or the Vice-Chair of a committee, provided that, for all committees except legislative committees, he or she is a member of that committee. The Speaker and the Deputy Speaker have chaired a variety of committees studying matters related to the House.[456] As ex officio members of the Panel of Chairs, Chair Occupants have been called on to chair legislative committees.[457] Ministers,[458] party leaders and independent Members[459] do not normally sit on committees and therefore do not usually act as Chairs or Vice-Chairs.

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*   Standing and Standing Joint Committees

The Standing Orders provide for the Chairs and Vice-Chairs of standing and standing joint committees to be elected by their members.

At the beginning of each session of Parliament, within 10 sitting days of concurrence by the House in the report of the Standing Committee on Procedure and House Affairs establishing the membership of the standing committees and the list of Members representing the House on standing joint committees, the Clerk of the House convenes meetings of each committee to elect a Chair.[460] The only item on the announced agenda for these organization meetings is the election of the Chair. Committee members must be given 48 hours’ notice of the meeting.[461]

The Standing Orders require that each standing and standing joint committee elect a Chair and two Vice-Chairs at the beginning of each session.[462] While the committees usually take advantage of the organization meeting to elect their Vice-Chairs,[463] they may decide to postpone those elections to a later meeting.

The Standing Orders also require standing and standing joint committees to elect their Chairs and Vice-Chairs “if necessary” during a session. In fact, this requirement refers to two very specific events and times: (1) within 10 sitting days of concurrence by the House in the report of the Standing Committee on Procedure and House Affairs renewing the membership of the standing and standing joint committees following each summer adjournment of the House, whether or not the members and associate members of a particular committee have changed;[464] and (2) when a vacancy arises in the offices of Chair or Vice-Chairs. In the former case, the committee proceeds with the election of a Chair and Vice-Chairs, while in the latter, it holds only the election necessary to fill the vacancy.

To be eligible for the office of Chair or Vice-Chair, a Member must meet two conditions. First, the Member must be a regular member of the committee;[465] second, the Member must be from the political party prescribed in the Standing Orders for the office in question. For the vast majority of standing committees, the Chair must be a Member of the government party, the first Vice-Chair a Member of the Official Opposition, and the second Vice-Chair a Member of an opposition party other than the Official Opposition party.[466] However, there are special provisions for four standing committees and one standing joint committee. In the case of the Standing Committee on Public Accounts,[467] the Standing Committee on the Status of Women, the Standing Committee on Access to Information, Privacy and Ethics, the Standing Committee on Government Operations and Estimates, and the Standing Joint Committee on Scrutiny of Regulations,[468] the Standing Orders require that the Chair (or Joint-Chair) be a Member of the Official Opposition, the first Vice-Chair a Member of the government party, and the second Vice-Chair a Member of an opposition party other than the Official Opposition party.

The committee clerk presides over the election in all cases but may not take part in debate with committee members or hear points of order or questions of privilege.[469] In fact, the clerk may not entertain any motions except those concerning the election of a Member to an office.

Before proceeding with the election, the clerk must determine that there is a quorum. If all offices are to be filled at the meeting, the clerk begins with the election of a Chair. The clerk then moves on, if the committee consents, to the election of the first and second Vice-Chairs, in that order. In standing joint committees, two Joint-Chairs are elected, one from each House. The Senate Joint-Chair is elected first, followed by the Commons Joint-Chair. The election of each Joint-Chair is presided over by the Joint-Clerk from the respective House. All committee members, whether they are Senators or Members of the House of Commons, are entitled to vote for the Joint-Chairs from each House.[470]

For each office to be filled, the clerk invites members to make motions proposing the election of a particular member to the office in question.[471] When members have no further nominations to propose, the clerk calls for a vote. If there is only one candidate for the office, the motion is agreed to or negatived (if there is a tie or a majority of “nays”) by the committee members.[472] If there is more than one candidate, the Standing Orders require that the election be conducted by secret ballot[473] as follows:[474]

*      the committee clerk first announces the candidates to the committee members and then provides a ballot paper to each member who is eligible to vote;

*      the members print the first and last name of the candidate whom they support on the ballot paper, which they then deposit in the box provided; and

*      the committee clerk counts the ballots and announces the name of the candidate who received the majority of the votes. If no candidate received a majority of the votes, a second ballot is taken, the name of the candidate who received the fewest votes having been dropped from the ballot.

Balloting continues in this manner until a candidate receives a majority of the votes. The Standing Orders require the clerk to destroy the ballots and to refrain from divulging the number of votes cast for any candidate.

In the case of an election for the office of Chair, if no motion is adopted, the committee cannot proceed with other business. When an impasse is evident, the members disperse, and the Clerk of the House must convene another meeting at a later time, when the election of a Chair will be the first order of business.[475]

*   Legislative Committees

The Chair of a legislative committee is not elected by the members but is selected by the Speaker from the Panel of Chairs once the committee’s membership has been established.[476] The Panel of Chairs is established at the beginning of each session and is composed of as many as 12 Members named by the Speaker in proportion to the party standings in the House, along with the Deputy Speaker and Chair of Committees of the Whole House, the Deputy Chair of Committees of the Whole House, and the Assistant Deputy Chair of Committees of the Whole House.[477]

Like the Speaker, the Chair of a legislative committee acts as a neutral arbitrator of proceedings. He or she may be a member of any of the parties in the House,[478] is not counted for the purposes of determining quorum,[479] and does not take part in the committee’s debates.[480]

*   Special and Special Joint Committees

The Standing Orders provide for special committees to elect a Chair and two Vice-Chairs. The Chair must be a Member of the government party, the first Vice-Chair a Member of the Official Opposition, and the second Vice-Chair a Member of an opposition party other than the Official Opposition party.[481] Like standing joint committees, special joint committees elect a Joint-Chair from the House of Commons and a Joint-Chair from the Senate, as well as two Vice-Chairs.[482]

The elections of a Chair and Vice-Chairs are the first orders of business on the proposed agenda of the committee’s first meeting in a session.[483] The meeting is convened for that purpose by the Clerk of House after the committee’s membership has been established and consultations have been held with recognized parties concerning the timing of the meeting[484] (in the case of special joint committees, the parties in the Senate are also consulted). Elections during a session must be conducted only if a vacancy arises.

*   Subcommittees

Like other types of committees, a subcommittee must have a Chair in order to conduct business.

When establishing a subcommittee, the main committee is responsible for determining whether or not to name a Vice-Chair.[485] If it sees fit, the committee may also specify the required political affiliation of the Chair or Vice-Chairs.

Main committees have two choices regarding the selection of their subcommittees’ officers: designate them directly in an order of reference,[486] or leave it up to the subcommittee members to elect them according to the procedure followed by standing and special committees.[487]

As in the case of other types of committees, elections may become necessary during a session when there is a vacancy in one of the officer positions. The practice has been not to require subcommittees of standing committees to re-elect their officers when the House concurs in the report of the Standing Committee on Procedure and House Affairs renewing the membership of the standing committees following each summer adjournment. Some nevertheless do so voluntarily.[488]

Vacancies

Occasionally, vacancies arise in the office of Chair or Vice-Chair during a session. In fact, they arise automatically when an officer:

*      is elected to another officer position within the same committee;[489]

*      resigns from his or her position;[490]

*      resigns as a Member of Parliament;

*      passes away;

*      ceases to be a member of the committee;[491]

*      ceases to be a member of the recognized party required by the House to hold the office; or

*      is removed from office by the committee.[492]

In the event of a vacancy in the office of Chair, the committee cannot conduct any other business until a new Chair is chosen.[493] This is similar to procedure in the House, where a vacancy in the office of Speaker must be filled before any other matter can be considered.[494]

In the case of committee Chairs who are elected, a vacancy that arises while the committee is sitting triggers an immediate election.[495] If the vacancy occurs when the committee is not sitting, but a meeting has already been convened by the former Chair, the first order of business at that meeting will be the election of a new Chair. If no meeting is scheduled, the next one will be convened by the Clerk of the House after the usual consultations with the recognized parties. If the Chair of a committee was designated by a third party (the House, the Speaker, the main committee in the case of a subcommittee), a new designation is required when there is a vacancy.[496]

Vacancies in the offices of Vice-Chair do not prevent committees from conducting business. If the Vice-Chairs are elected, the committee holds a new election at the earliest opportunity.[497] If the Vice-Chairs are designated, there must be a new designation as soon as possible.

*   Committee Staff

In the execution of its functions, each committee is normally assisted by a committee clerk and an analyst. Occasional assistance is also provided by legislative clerks, lawyers from the Office of the Law Clerk and Parliamentary Counsel, and staff hired from outside the Parliamentary Precinct.

Committee Clerk

The clerk of a committee is a professional from Procedural Services of the House of Commons who serves as the committee’s procedural and administrative officer.[498] The clerk is the committee’s principal adviser regarding parliamentary procedure, especially committee procedure. The clerk also prepares the minutes of meetings and swears in witnesses at the committee’s request.

Following the instructions of the Chair and the committee, the clerk organizes the committee’s work and meetings. In particular, the clerk publishes and distributes notices of meetings to interested parties, contacts witnesses whom the committee wishes to hear, distributes all meeting documentation to the committee members, and oversees the process of producing reports and presenting them to the House. If the committee travels outside the Parliamentary Precinct, the clerk prepares a detailed itinerary and oversees the travel arrangements (transportation, accommodation, per diems and so on).

The clerk also has a number of financial roles and responsibilities. Ordinarily, the clerk advises the committee members and the Chair on financial matters. The clerk prepares the committee’s budget requests and assists the Chair in providing justification to the Liaison Committee if necessary. The clerk regularly manages and monitors the committee’s finances. If authorized to do so by the Chair, the clerk approves the payment of invoices received by the committee for goods and services. In addition, the clerk prepares the contracts required to hire staff from outside the Parliamentary Precinct.

The clerk is also the main point of contact for enquiries from the general public, public officials and the media concerning the committee’s activities. The clerk receives most of the correspondence intended for the committee. The clerk also acts as the committee’s liaison with other branches and services of the House, the Senate and the Library of Parliament.

As a non-partisan and independent officer, the clerk also provides advice to all members of the committee; the clerk carries out his or her duties and responsibilities under the direction of the committee and the Chair. In performing those functions, the clerk receives assistance and support from the many services of the House, particularly from administrative and logistical staff of the Committees Directorate.

Analysts

The Library of Parliament provides analysts to all committees on request.[499] The analysts are highly skilled researchers and usually are specialists in the subject area of the committee to which they are assigned. They are the resource persons for any substantive questions that the Chair and committee members may have. They provide briefing material and other background material to committee members. They may identify potential witnesses for the committee and suggest possible lines of questioning during committee hearings. They play an important role in the drafting of substantive reports. Like the committee clerks, they perform their duties in a non-partisan, neutral manner. They are at the disposal of all committee members.

Legislative Clerks

Legislative clerks are not part of the regular staff assigned to committees. They assist committees from time to time in the clause-by-clause analysis of bills. Legislative clerks are professionals from Procedural Services of the House of Commons who advise committee Chairs and members on the procedural admissibility of amendments that Members propose to bills. Legislative clerks have an in-depth knowledge of the bills being considered and their constituent parts, and of the rules of procedure governing the nature and form of amendments that can be proposed by Members. During a session, legislative clerks are assigned responsibility for a number of bills and may work with more than one committee.

Other Staff

When questions of a legal nature arise, committees sometimes avail themselves of the services of the Law Clerk and Parliamentary Counsel and his or her staff. The Standing Orders also empower committees to hire expert, professional, technical, administrative, clerical and secretarial staff on contract from outside the Parliamentary Precinct, as required.[500] Before considering that option, committees should verify the availability of internal resources from the administration of the House of Commons or the Library of Parliament.[501]

If they wish to proceed with hiring from outside, they must first determine the nature and scope of the work to be performed. Next, they must adopt a motion specifying the terms of reference and duration of the contract, and the maximum rate or amount of remuneration of the additional staff.[502] They are then required to obtain the necessary approval and funding for the contracts from the appropriate authorities (Liaison Committee, Board of Internal Economy).[503]

Such contracts and budgets are subject at all times to the guidelines set out by the Board of Internal Economy. Special rules apply to contracts in the event of prorogation or dissolution of Parliament.[504]

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[372] This includes motions for which notice has been given by a member’s officially designated substitute, if the committee in question requires such notice. For further information, see “Substitutions” under the section in this chapter entitled “Committee Membership, Leadership and Staff”.

[373] A quorum is the minimum number of Members required at a meeting for a committee to exercise its powers. For further information, see “Quorum and Call to Order / "Reduced Quorum"” under the section in this chapter entitled “Committee Proceedings”.

[374] See Speaker Parent’s ruling, Debates, November 7, 1996, pp. 6225‑6.

[375] Standing Order 119. It is up to each committee to decide whether or not to allow Members who do not sit on the committee to attend in camera meetings; however, the practice is that such Members usually withdraw when the committee moves in camera.

[376] Standing Order 119. The participation of non-members can sometimes be helpful. For example, when a committee considers a private Member’s bill, it may wish to have input from the sponsoring Member without having to call that Member as an official witness.

[377] See, for example, Standing Committee on Government Operations and Estimates, Minutes of Proceedings, April 24, 2007, Meeting No. 47, Evidence, p. 8. See also Standing Committee on Human Resources, Skills Development, Social Development and the Status of Persons with Disabilities, Minutes of Proceedings, November 25, 2004, Meeting No. 9, Evidence, p. 15.

[378] Committees have allowed Senators to participate in special meetings without any objections being raised. See, for example, Standing Committee on Aboriginal Affairs and Northern Development, Minutes of Proceedings, June 14, 2005, Meeting No. 41.

[379] This does not prevent the House from referring certain matters to existing committees whose members have not yet been appointed (see, for example, Journals, November 24, 2008, pp. 30‑2). See also the Speaker’s rulings regarding the referral of a bill, and the subject matter of a bill, to committees that did not yet have any members (Journals, November 5, 1957, p. 82; February 5, 1959, pp. 82‑3).

[380] Debates, June 20, 1994, pp. 5582‑4.

[381] There is one exception to this: when committees create subcommittees, they may decide on the membership of those subcommittees, subject to certain restrictions. See Standing Order 108(1)(b).

[382] During the Thirty‑Third Parliament, independent Member Anthony Roman (York North) was a member of two committees (see Standing Committee on Public Accounts, Minutes of Proceedings and Evidence, March 18, 1986, Issue No. 32, p. 10; Standing Joint Committee on Regulations and Other Statutory Instruments, Minutes of Proceedings and Evidence, February 5, 1987, Issue No. 4, p. 4). During the Thirty‑Ninth Parliament, André Arthur (Portneuf–Jacques‑Cartier) was a member of the Standing Committee on Industry, Science and Technology (Journals, April 26, 2006, pp. 64, 77, 93; October 30, 2007, pp. 83, 96; October 31, 2007, p. 122).

[383] The Speaker was formerly ex officio Joint‑Chair of the Standing Joint Committees on the Library of Parliament and the Parliamentary Restaurant. The Speaker may also, on occasion, chair a special committee. Speaker Jerome served as Chair of the Special Committee on the Rights and Immunities of Members as well as of the Special Committee on TV and Radio Broadcasting of Proceedings of the House of Commons and its Committees (Journals, December 13, 1976, p. 230; January 25, 1977, pp. 287‑8).

[384] Chair Occupants other than the Speaker may be called upon to act as Chairs of legislative committees pursuant to Standing Order 112. For example, when Peter Milliken (Kingston and the Islands) was Deputy Speaker and Chair of Committees of the Whole, he chaired the legislative committee responsible for considering Bill C-20, An Act to give effect to the requirement for clarity as set out in the opinion of the Supreme Court of Canada in the Quebec Secession Reference (Journals, February 9, 2000, p. 864). Chair Occupants have also chaired special committees. Deputy Speaker Marcel Danis served as Chairman of the Special Committee on the Review of the Parliament of Canada Act (Journals, December 14, 1989, p. 1011). During the First Session of the Thirty‑Eighth Parliament, Jean Augustine, who was then Deputy Vice‑Chair of Committees of the Whole, was appointed associate member of three standing committees and one standing joint committee (Journals, October 20, 2004, pp. 117‑21, 124, in particular pp. 118, 120-1).

[385] There have been exceptions: for example, Allan MacEachen was named to replace Mitchell Sharp on the Striking Committee during the Second Session of the Thirtieth Parliament (1976‑77) (Journals, November 1, 1976, p. 92). In 1990, Marcel Danis, who, as Deputy Speaker of the House, had been appointed Chair of the Special Committee on the Review of the Parliament of Canada Act, continued as Chair of the Committee even after his appointment to Cabinet (Journals, March 6, 1990, p. 1290). During the First Session of the Thirty‑Ninth Parliament (2006‑07), Jason Kenney continued to be a member of the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Trade, even after becoming Secretary of State (Multiculturalism and Canadian Identity) in the course of the session. He also continued to chair the Subcommittee until the end of the session. See, for example, Minutes of Proceedings, May 29, 2007, Meeting No. 20. During the Second Session of the Thirty‑Ninth Parliament, Mr. Kenny was again a member of this Subcommittee. See, for example, Minutes of Proceedings, June 17, 2008, Meeting No. 22.

[386] In the early years of Confederation, Prime Ministers served on a variety of standing committees. See, for example, Journals, November 15, 1867, pp. 16, 21‑2. The last Prime Minister to be named to a standing committee was William Lyon Mackenzie King, who served on the Standing Joint Committee on the Library of Parliament until 1926 (Journals, March 16, 1926, p. 152).

[387] Further to a recommendation of the Special Committee on Reform of the House of Commons (the McGrath Committee), Parliamentary Secretaries were prohibited from belonging to standing committees whose mandate was within their area of responsibility (Third Report of the Committee, p. 18, presented to the House on June 18, 1985 (Journals, p. 839); Journals, February 6, 1986, pp. 1644‑66, in particular p. 1657). The absence of Parliamentary Secretaries deprived the government of an official representative on committees and was considered by some to impede the committees’ work (Debates, April 9, 1991, pp. 19194‑7). The prohibition on the membership of Parliamentary Secretaries was lifted in 1991 (Journals, April 11, 1991, pp. 2905‑32, in particular p. 2923). During the First Session of the Thirty‑Eighth Parliament, Parliamentary Secretaries were sworn in as members of the Privy Council. A Member rose on a point of order to ask the Speaker to rule whether three Parliamentary Secretaries who belonged to a standing committee that had launched an investigation of a government program could continue to sit on that committee. In his ruling, the Speaker held that nothing prevented members of the Privy Council who were not members of Cabinet from sitting on committees. In the same ruling, the Speaker found that there was no reason to intervene, especially as the House had itself approved the appointment of those three Parliamentary Secretaries to the committee (Debates, February 16, 2004, pp. 615‑7).

[388] Standing Order 104(1). On at least one occasion, the House did not have committees struck during the first session of a Parliament: the striking committee was established at the beginning of the second session (Journals, April 6, 1989, p. 50).

[389] See, for example, Journals, April 4, 2006, p. 14.

[390] The House used to establish a committee solely to act as a striking committee. This was last done in 1989 (Journals, April 6, 1989, p. 50). In 1991, the role of striking committee was added to the mandate of the Standing Committee on House Management (Journals, April 11, 1991, pp. 2905‑32, in particular p. 2922); it is now part of the mandate of the Standing Committee on Procedure and House Affairs (Journals, January 25, 1994, pp. 58‑61).

[391] By practice, the House usually names the Whips of all recognized parties to the Standing Committee on Procedure and House Affairs. At its organization meeting the Committee adopts a motion similar to the following: “That the four Whips be delegated the authority to act as the Striking Committee pursuant to Standing Orders 104, 113 and 114, provided that the recommendations are unanimous and a copy of the report is signed by all four Whips or their representatives, and that they present their recommendations directly to the Chair of the Committee for presentation to the House on behalf of the Committee” (Standing Committee on Procedure and House Affairs, Minutes of Proceedings, October 25, 2007, Meeting No. 1). The number of Whips set out in the motion varies from Parliament to Parliament with the number of recognized parties in the House.

[392] Standing Order 104(2). The four standing committees of the House that have 11 members are those that, pursuant to Standing Order 106(2), must be chaired by an Official Opposition Member.

[393] Standing Order 104(3). Given the party representation in the two Houses at any given time, the proportional representation on a particular joint committee may be only approximate. See, for example, Journals, June 19, 1991, pp. 226‑7.

[394] Standing Order 104(1). See, for example, Journals, April 26, 2006, pp. 64‑92. The list need not include the members of the Standing Committee on Procedure and House Affairs itself, who are appointed by Order of the House at the start of a Parliament. The House has in the past appointed the members of certain standing committees directly, by special order, so that they can start work more quickly. See, for example, Journals, October 10, 2002, pp. 57‑8. These appointments occurred before the Standing Committee on Procedure and House Affairs had submitted its lists.

[395] See, for example, Journals, October 31, 2007, p. 122. The House occasionally approves special orders providing for automatic concurrence in a report at a given time. See, for example, Journals, September 23, 2003, p. 1027.

[396] The Committee’s Forty‑Ninth Report, presented to the House on October 5, 1990 (Journals, pp. 2074‑8), proposed new memberships for all standing and standing joint committees. No motion to concur in the Forty‑Ninth Report was moved prior to prorogation on May 12, 1991, and the committees continued to function up to prorogation with their memberships as they existed prior to the Report’s presentation.

[397] Standing Order 104(4). The list includes the associate members, if any, of the Standing Committee on Procedure and House Affairs.

[398] Journals, October 30, 2007, pp. 83‑111; October 31, 2007, p. 122.

[399] See, for example, Journals, October 30, 2007, p. 111.

[400] Standing Order 113(1). It is not uncommon for legislative committees to have fewer than 15 members. See, for example, Journals, February 22, 2007, p. 1059.

[401] The House may appoint the members of a legislative committee directly, by special order. See, for example, Journals, October 26, 2007, p. 69.

[402] Standing Order 113(2). As a rule, all committee Chairs are members of the committee over which they are chosen to preside, except in the case of legislative committees. For further information on the choice of Chairs for legislative committees, see “Methods of Designation” under the section in this chapter entitled “Committee Membership, Leadership and Staff”. Furthermore, on occasion, the House has appointed the Chair of a legislative committee directly. See, for example, Journals, October 26, 2007, p. 69.

[403] Standing Order 105. These committees often have fewer than 15 members. See, for example, the Special Committee on the Canadian Mission in Afghanistan (13 members) (Journals, April 8, 2008, pp. 665‑7).

[404] See, for example, the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons (Journals, March 21, 2001, pp. 208‑9).

[405] See, for example, the Special Committee on Pension Reform (Journals, March 1, 1983, p. 5654; March 9, 1983, p. 5684).

[406] See, for example, Journals, April 8, 2008, pp. 665‑7. An attempt was made to depart from an order to bring in a list of names, by presenting a report that provided for a mechanism by which the Whips would designate members from time to time, but it was ruled out of order (Journals, June 19, 1991, pp. 226‑7; September 25, 1991, p. 393, Debates, pp. 2712‑8; September 27, 1991, pp. 2823‑5). In at least one instance in the past, the instruction has provided that the striking committee’s report be deemed concurred in when presented to the House (Journals, March 30, 1993, p. 2742).

[407] The order of reference may name the membership directly (Journals, December 13, 1983, p. 37) or it may be done by reference. For example, the membership of the Standing Committee on Procedure and House Affairs was designated to represent the House on the Special Joint Committee on a Code of Conduct (Journals, March 12, 1996, p. 83).

[408] See, for example, Journals, December 5, 1997, pp. 353‑4.

[409] See, for example, Journals, March 30, 1993, p. 2742; April 2, 1993, pp. 2784‑5.

[410] See, for example, Journals, December 13, 1983, pp. 37‑8.

[411] See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, April 25, 2006, Meeting No. 2.

[412] The motion to appoint the members usually reads: “following the usual consultations with the Whips”. See, for example, Standing Committee on Foreign Affairs and International Trade, Minutes of Proceedings, November 13, 2007, Meeting No. 1. This procedure permits subsequent changes to the membership of a subcommittee at the Whip’s discretion without the adoption of an order by the committee.

[413] See, for example, Journals, June 27, 1985, p. 907.

[414] Standing Order 108(1)(b). A committee was given leave to name Members to a subcommittee who were neither members nor associate members of the committee (Journals, March 9, 1983, p. 5684).

[415] Occasionally, subcommittees have as many members as their main committee. See, for example, the Subcommittee on Oil and Gas and Other Energy Prices, from the Second Session of the Thirty‑Ninth Parliament (2007‑08).

[416] See, for example, Standing Committee on Public Accounts, Minutes of Proceedings, November 13, 2007, Meeting No. 1.

[417] Subcommittees can be an exception: for example, a member of a standing committee’s subcommittee who ceases to be a member or associate member of the standing committee automatically ceases to be a member of the subcommittee as well.

[418] For example, Shaughnessy Cohen (Windsor–St. Clair) died in office on December 9, 1998 (Journals, December 10, 1998, p. 1431). Officially, she remained a member of the Standing Committee on Justice and Human Rights until replaced by Aileen Carroll (Barry–Simcoe–Bradford) on February 1, 1999 (Fifty-Second Report of the Standing Committee on Procedure and House Affairs, presented to the House and concurred in on February 1, 1999 (Journals, pp. 1444‑5)). During the Second Session of the Thirty‑Ninth Parliament, Maka Kotto (St‑Lambert) resigned his seat in the House on March 13, 2008 (Journals, p. 597), but remained officially an associate member of the Standing Joint Committee on the Library of Parliament and the Standing Committee on Official Languages until Parliament was dissolved on September 7, 2008.

[419] Standing Order 114(2)(d).

[420] By practice, independent Members inform the Whip of the party that agreed to place them on the associate members’ list for a given committee.

[421] Standing Order 114(2)(d) and (4). See, for example, Journals, April 4, 2008, pp. 644‑7. By practice, changes to the membership of the Standing Committee on Procedure and House Affairs are done by adoption of a special order of the House (see, for example, Journals, September 28, 1998, p. 1086; November 21, 2008, p. 27).

[422] Standing Order 114(3).

[423] See, for example, Journals, November 18, 1997, p. 225. These mechanisms may reflect the provisions governing legislative committees, in other words, changes to membership are done by filing with the committee clerk a written notice signed by a Whip.

[424] See, for example, Journals, October 1, 1985, p. 1052.

[425] In the case of a subcommittee of a legislative committee, changes must be made as they are for the main committee, that is, by filing with the clerk of the subcommittee a written notice signed by a Chief Whip.

[426] Bourinot, 4th ed., p. 462. Formerly, Members were excused from service on a committee only if they could show some reason why they were unable to attend. They could be excused by order of the House for such reasons as ill health or advanced age. See, for example, Journals, March 24, 1873, p. 60.

[427] On this matter, see Speaker Parent’s ruling, Debates, November 7, 1996, pp. 6225‑6.

[428] See, for example, Standing Committee on Transport and Government Operations, Minutes of Proceedings and Evidence, March 12, 2002, Meeting No. 54.

[429] See, for example, Standing Committee on Agriculture and Agri-Food, Minutes of Proceedings, August 19, 2008, Meeting No. 44.

[430] See, for example, Standing Committee on Consumer and Corporate Affairs, Minutes of Proceedings and Evidence, November 27, 1991, Issue No. 28, pp. 3, 39‑40.

[431] In 1985, the McGrath Committee recommended that Members be responsible for finding their own replacements when they were unable to attend committee meetings (Third Report of the Special Committee on Reform of the House of Commons, presented to the House on June 18, 1985 (Journals, p. 839), pp. 18‑9). Following the presentation of the Report, a provision was added to the Standing Orders that required members of standing committees to file a list of substitutes. Members failing to file such a list were removed from the committee (Journals, February 6, 1986, pp. 1644‑66, in particular pp. 1659‑60; February 3, 1986, p. 1710). See, for example, Journals, May 29, 1986, pp. 2234‑5. In 1994, the filing of a list of substitutes was made voluntary, and the provision removing members who failed to do so was deleted (Journals, January 25, 1994, pp. 58‑61, in particular p. 61).

[432] Standing Order 114(2)(a).

[433] Standing Order 114(2)(c). See, for example, Standing Committee on Finance, Minutes of Proceedings, May 28, 2007, Meeting No. 86, where Gerry Ritz, at that time Secretary of State (Small Business and Tourism), substituted for a regular member.

[434] In 1994, Audrey McLaughlin (Yukon), who was then sitting as an independent Member and was not on the associate members’ list, substituted for a regular member of the Aboriginal Affairs and Northern Development Committee and voted. When called upon to rule on the matter, Speaker Parent declared that the vote should be disallowed (Debates, June 20, 1994, pp. 5582, 5584).

[435] A committee meeting may extend beyond the date indicated in the notice. The substitution continues to be valid as long as the meeting began on the date indicated. If in the end the committee does not meet on the date indicated in the notice, the substitution expires at the end of that day.

[436] Standing Order 114(3). Since Chairs of legislative committees are not members of these committees, having been appointed directly by the Speaker, they cannot have themselves “substituted” in this way.

[437] See, for example, Journals, April 8, 2008, pp. 665‑7.

[438] See, for example, Journals, November 18, 1997, pp. 224‑5.

[439] See Subcommittee on Indian Self‑Government, Minutes of Proceedings and Evidence, October 6, 1982, Issue No. 1, pp. 8‑9, 11; November 18, 1982, Issue No. 6, p. 3; Subcommittee on Indian Women and the Indian Act, Minutes of Proceedings and Evidence, September 8, 1982, Issue No. 1, p. 8; Special Committee on Indian Self-Government, Minutes of Proceedings and Evidence, December 22, 1982, Issue No. 1, p. 5. These Committees invited representatives of various national organizations representing Aboriginal peoples to participate in its proceedings, giving them the title of “ex officio members” or “liaison members”. In a report, the members of the Special Committee on Indian Self‑Government explained that they had asked these individuals to participate because there were no Aboriginal Members of Parliament and they wanted to make sure that they were fully aware of the concerns and perspectives of Aboriginal people (Minutes of Proceedings and Evidence, October 12, 1983, October 20, 1983, Issue No. 40, pp. 4, 199). In 1990, the Standing Committee on the Environment proposed to involve representatives of nongovernmental organizations in the drafting of a report on the environment in Canada. The Committee did not however act on this idea (Minutes of Proceedings and Evidence, December 13, 1990, Issue No. 63, p. 3). In 2004, the Standing Committee on Aboriginal Affairs, Northern Development and Natural Resources adopted a motion providing for participation by at least one representative of the group(s) affected by any First Nations legislation that might be sent to the Committee. The Committee did not have an opportunity to follow through on this decision before Parliament was dissolved (Minutes of Proceedings, March 23, 2004, Meeting No. 5).

[440] Joint committees usually have two Joint‑Chairs: a Member representing the House of Commons and a Senator representing the Upper House.

[441] For further information on appeals from Committee Chair decisions, see “Committees and Questions of Procedure and Privilege” under the section in this chapter entitled “Committee Proceedings”.

[442] For further information on casting votes by committee Chairs, see “Rules of Debate and Decision-making Process” under the section in this chapter entitled “Committee Proceedings”.

[443] For further information, see “Cancelling a Meeting” under the section in this chapter entitled “Committee Proceedings”.

[444] These bodies allocate funding among the parliamentary committees. For further information, see “Funding of Activities” under the section in this chapter entitled “Committee Proceedings”.

[445] Standing Order 107.

[446] See Speaker Milliken’s ruling (Debates, May 8, 2003, pp. 5990-1).

[447] For further information, see “Presentation to the House” under the section in this chapter entitled “Committee Proceedings”.

[448] See, for example, Journals, June 12, 2008, p. 978.

[449] See, for example, Debates, March 12, 2008, p. 4049. For further information, see Chapter 11, “Questions”. See also Speaker Milliken’s ruling in this regard (Debates, April 3, 2008, pp. 4405‑6).

[450] See, for example, Standing Committee on Justice and Human Rights, Minutes of Proceedings, April 15, 2008, Meeting No. 24.

[451] See, for example, Debates, March 7, 2008, p. 3803. Speaker Milliken observed that this was a well-established practice (Debates, April 3, 2008, pp. 4405‑6).

[452] As a general rule, the role of an Acting Chair is limited to filling a temporary need, that of presiding over one meeting. In 2005, however, the Standing Committee on Access to Information, Privacy and Ethics designated one of its members as Acting Chair for a period of several months. This was done in response to the prolonged absence of the Committee’s Chair, who had given his consent to the designation. Renewed several times subsequently, the designation was to end as soon as the Chair was able to resume his functions (Minutes of Proceedings, March 22, 2005, Meeting No. 15; May 31, 2005, Meeting No. 26; June 21, 2005, Meeting No. 32; October 18, 2005, Meeting No. 36). The designated Acting Chair assumed the regular Chair’s administrative, procedural and representative roles.

[453] See, for example, Standing Committee on Public Accounts, Evidence, October 16, 2001, Meeting No. 26. In the case of joint committees, the designation of an Acting Chair is done in conjunction with the Senate Joint‑Chair.

[454] See, for example, Standing Committee on Fisheries and Oceans, Minutes of Proceedings, September 27, 2001, Meeting No. 21. In theory, such an election could be required at an organization meeting when the Chair and Vice‑Chairs have been elected in absentia, or when no Vice‑Chairs have been elected and the elected Chair is absent.

[455] Standing Order 113(4).

[456] The Speaker has served as the Chair of the Special Committee on the Rights and Immunities of Members (Journals, March 9, 1978, p. 467) and of the Special Committee on TV and Radio Broadcasting of Proceedings of the House and its Committees (Journals, October 18, 1977, p. 11). The Deputy Speaker has chaired the Special Committee on the Review of the Parliament of Canada Act (Journals, December 14, 1989, p. 1011). Following his appointment as Minister of State (Youth and Fitness and Amateur Sport) and his resignation as Deputy Speaker, Marcel Danis continued as Chair of this Committee (Journals, March 6, 1990, p. 1290). The Deputy Speaker also chaired the Special Committee on the Modernization and Improvement of the Procedures of the House of Commons in the early 2000s (Journals, March 21, 2001, pp. 208‑9; November 28, 2002, p. 236).

[457] See, for example, Journals, February 24, 2005, p. 481. For further information on the Panel of Chairs, see “Legislative Committees” in this section.

[458] The last Minister to be elected Chair of a committee was Mitchell Sharp (Standing Committee on Procedure and Organization, Minutes of Proceedings and Evidence, October 17, 1974, Issue No. 1, p. 5). During the First Session of the Thirty-Ninth Parliament (2006-07), Jason Kenney continued to chair the Subcommittee on International Human Rights of the Standing Committee on Foreign Affairs and International Development even after becoming Secretary of State (Multiculturalism and Canadian Identity) during the course of the session (see, for example, Minutes of Proceedings, May 29, 2007, Meeting No. 20).

[459] Anthony Roman (York North), an independent Member, served as Chair of a legislative committee in 1987 (Journals, November 4, 1987, pp. 1835‑6).

[460] Standing Order 106(1).

[461] The House may, by special order, allow this requirement to be waived. See, for example, Debates, October 31, 2001, p. 6788.

[462] Standing Order 106(2).

[463] Any decision to deal with matters other than the election of a Chair at an organization meeting is made by the committee under the direction of the Chair (or Acting Chair).

[464] Standing Order 104(1). In September 1991, the House, by Special Order, suspended the election of the Chairs required under the Standing Orders and confirmed the incumbent Chairs in office (Journals, September 27, 1991, p. 408). As with the organization meeting, that meeting is preceded by 48 hours’ notice to members. It is convened by the Clerk of the House for the sole purpose of electing a Chair. Although the Standing Orders provide only for an election for the office of Chair following concurrence in the report of the Standing Committee on Procedure and House Affairs after the House’s summer adjournment, the practice has been for the standing and standing joint committees to elect their Vice-Chairs as well at that time. See, for example, Standing Committee on Public Accounts, Minutes of Proceedings, September 26, 2006, Meeting No. 15.

[465] The Member is not required to be at the meeting and may be elected in absentia. See, for example, Standing Committee on Government Operations and Estimates, Minutes of Proceedings, October 17, 2005, Meeting No. 53. A substitute cannot be elected to the office of Chair or Vice-Chair.

[466] Standing Order 106(2).

[467] In the case of the Standing Committee on Public Accounts, the practice of choosing a Chair from the Official Opposition was part of the government’s initial intention in establishing the Committee. A commitment to having a member of the Opposition chair the committee was made in the 1958 Throne Speech (Debates, May 12, 1958, p. 6).

[468] The Standing Joint Committee on Scrutiny of Regulations, originally the Standing Joint Committee on Regulations and Other Statutory Instruments, was proposed as one which should operate in a primarily non-partisan manner, aided by a proposal that the committee not be chaired by government members (Debates, October 14, 1971, pp. 8679-81).

[469] However, points of order or questions of privilege may be heard by the Chair once elected. Since the committee is properly constituted following the election of a Chair, its members may begin making decisions, provided a quorum is present.

[470] See, for example, Standing Joint Committee on the Library of Parliament, Minutes of Proceedings, November 29, 2007, Meeting No. 1.

[471] The Standing Orders do not specifically require that the person nominated consent to being a candidate. If the Member is not interested in the office, the clerk will ask whether the committee unanimously consents to the withdrawal of the motion. If consent is not given, the motion remains before the committee. This reflects the practice followed in the House, where unanimous consent is required for withdrawal of a matter before it. In theory, if the committee does not consent to the withdrawal of the nominating motion, the motion may result in the election of a member against his or her will (see, for example, Standing Committee on Procedure and House Affairs, Evidence, March 6, 2008, Meeting No. 19, pp. 8-9). This course of action may lead to a stalemate, as the member in question may resign immediately after being elected.

[472] A recorded vote may be requested. See, for example, Standing Committee on Aboriginal Affairs and Northern Development, Minutes of Proceedings, May 1, 2006, Meeting No. 1.

[473] See, for example, Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness, Evidence, October 13, 2004, Meeting No. 1, p. 1.

[474] Standing Order 106(3).

[475] Standing Order 106(1). See, for example, Standing Committee on Official Languages, Evidence, May 15, 2007, p. 12. If the meeting that resulted in the impasse was convened by the Clerk of the House following concurrence by the House in a report of the Standing Committee on Procedure and House Affairs, the next meeting, like the first, will require 48 hours’ notice to the members. See Speaker Milliken’s ruling (Debates, November 5, 2002, pp. 1311, 1327).

[476] Standing Order 113(1) and (2). See, for example, Journals, February 27, 2008, pp. 475‑6 (establishment of a committee’s membership), 479 (appointment of a Chair).

[477] Standing Order 112. See, for example, Journals, April 28, 2006, p. 108. During a session, the Speaker may modify the membership of the Panel of Chairs as required, by replacing or removing Members. See, for example, Journals, December 12, 2006, p. 906.

[478] For example, in the First Session of the Thirty-Ninth Parliament, under a minority government of the Conservative Party of Canada, the Speaker selected a Member from the Liberal Party of Canada as Chair of the Legislative Committee on Bill C-27 (Journals, November 10, 2006, p. 704).

[479] Standing Order 118(1).

[480] The view of the legislative committee Chair as a non-partisan presiding officer stems from a recommendation in the Sixth Report of the Lefebvre Committee, repeated in the First Report of the McGrath Committee, concerning the establishment of a system of legislative committees: “Your Committee believes that Legislative Committees ought to be regarded as smaller versions of the Committee of the Whole House … (T)he Deputy Speaker, as the Chairman of Committees, is an impartial presiding officer. We believe that the establishment of a Panel of Chairmen would impart these qualities to the committee stage of all legislation. As neutral Chairmen, panel members would be able to develop expertise in House procedures and to meet from time to time to ensure consistent chairing practices” (Special Committee on Standing Orders and Procedure, Minutes of Proceedings and Evidence, April 28, 1983, Issue No. 19, p. 5; Special Committee on the Reform of the House of Commons, Minutes of Proceedings and Evidence, December 20, 1984, Issue No. 2, p. 8). Some legislative committee Chairs have cited this principle of impartiality as grounds for abstaining from votes in the House on the bill over which they were to preside in committee. See, for example, Debates, June 26, 1989, p. 3645.

[481] Standing Order 106(2). Occasionally, the Chair may be named in the order of reference establishing the special committee. See, for example, Journals, November 28, 2002, p. 236. In addition, there have been occasions where the order of reference has stipulated, notwithstanding the Standing Order, that a special committee will have three Vice-Chairs, each representing an opposition party. See, for example, Journals, April 8, 2008, pp. 665-7.

[482] Before Standing Order 106(2) was adopted in its current form, special joint committees seldom elected Vice-Chairs. For an example of a committee that did so, see Special Joint Committee on a Code of Conduct, Minutes of Proceedings and Evidence, March 20, 1997, Issue No. 1, p. 71.

[483] See, for example, Special Committee on the Canadian Mission in Afghanistan, Minutes of Proceedings, April 15, 2008, Meeting No. 1.

[484] The organization meetings of special committees, unlike those of standing committees, do not have to be held within a certain period of time following the appointment of their membership.

[485] Since subcommittees often have a smaller membership than other types of committees, the main committees do not always consider it necessary to appoint Vice-Chairs, though subcommittees often have them. Subcommittees established by committees that do not have Vice-Chairs, such as legislative committees, generally do not have Vice-Chairs.

[486] See, for example, Standing Committee on Foreign Affairs and International Trade, Minutes of Proceedings, October 5, 2000, Meeting No. 58. It is common practice for standing committees to automatically appoint their Chair and Vice-Chairs to the same positions on their Subcommittee on Agenda and Procedure, thereby avoiding the need for elections.

[487] See, for example, Subcommittee on Public Safety and National Security, Minutes of Proceedings, December 7, 2004, Meeting No. 1.

[488] See, for example, Subcommittee on the Review of the Anti-terrorism Act, Minutes of Proceedings, September 26, 2006, Meeting No. 7.

[489] See, for example, Standing Committee on Finance, Trade and Economic Affairs, Minutes of Proceedings and Evidence, November 17, 1983, Issue No. 156, p. 3.

[490] Resignations are generally submitted in the form of a written notice to the committee clerk (see, for example, Standing Committee on Aboriginal Affairs and Northern Development, Evidence, May 10, 2006, p. 1; effective on receipt of the notice in the case of immediate resignation or on the date specified in the notice) or through oral notice to the committee members (see, for example, Standing Committee on Procedure and House Affairs, Evidence, November 7, 2002, p. 1; effective at the time of the announcement).

[491] This does not apply to Chairs of legislative committees since they are not members of the committees they chair.

[492] See, for example, Standing Committee on Official Languages, Minutes of Proceedings, May 15, 2007, Meeting No. 54. If a committee decides that a sufficiently serious situation requires the removal of the Chair or a Vice-Chair, it must adopt an explicit order relieving the person of his or her duties. See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, March 6, 2008, Meeting No. 19. Such orders often provide for an election to be held immediately to fill the vacancy. A motion stating simply that the committee has lost confidence in its Chair or a Vice-Chair could have unpredictable consequences.

[493] In the spring of 2008, the Standing Committee on Procedure and House Affairs did not meet for several months, notably due to the resignation of its Chair.

[494] See Standing Order 2(2), and Chapter 7, “The Speaker and Other Presiding Officers of the House”.

[495] Standing Order 106(2). See, for example, Standing Committee on Environment and Sustainable Development, Minutes of Proceedings, June 14, 2007, Meeting No. 65, Evidence, pp. 18-9.

[496] See, for example, Journals, June 12, 1989, p. 358; June 15, 1989, p. 379.

[497] Standing Order 106(2). See, for example, Standing Committee on Procedure and House Affairs, Minutes of Proceedings, November 7, 2002, Meeting No. 6. At that meeting, the Chair and the two Vice-Chairs resigned in succession. The committee clerk conducted elections for Vice-Chairs as soon as they had announced their resignations.

[498] Committees may be supported by more than one clerk. Joint committees have a Joint Clerk for the House of Commons and a Joint Clerk for the Senate.

[499] The request usually takes the form of a routine motion adopted by the committee at the beginning of the session. For further information, see “Organization Meeting” under the section in this chapter entitled “Committee Proceedings”.

[500] Standing Order 120.

[501] See, for example, the request that the Standing Committee on Public Accounts made to the Library of Parliament for additional resources (a forensic auditor and an investigator) (Minutes of Proceedings, February 24, 2004, Meeting No. 5).

[502] See, for example, Special Joint Committee on Child Custody and Access, Minutes of Proceedings, February 23, 1998, Meeting No. 5. However, committees sometimes hire staff in the locations that they visit when they travel. Such contracts are travel expenses and are paid out of the travel budget allotted by the Liaison Committee or the Board of Internal Economy.

[503] For further information, see the Financial Management and Policy Guide for Committees, prepared by the House of Commons Finance Services. For further information about the authorities responsible for allocating funds among the committees, see “Funding of Activities” under the section in this chapter entitled “Committee Proceedings”.

[504] For further information, see the section in this chapter entitled “Committee Lifespans”.
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