House of Commons Procedure and Practice
Edited by Robert Marleau and Camille Montpetit
2000 Edition — More information …

20. Committees

[401] 
See Standing Orders 81(4) and (5), 83.1, 97.1 and 111(3).
[402] 
Reporting deadlines are frequently included in the orders which establish special committees. See, for example, Journals, November 18, 1997, pp. 224-5. The House can impose a limit on the consideration of a bill by a committee through the use of time allocation provisions in Standing Order 78. See, for example, Journals, March 22, 1995, pp. 1259-60. The House may, however, simply adopt a motion instructing a committee to report by a certain date. See, for example, Journals, May 3, 1994, pp. 419-20.
[403]
In committee, members do not have fixed or assigned seats. Although government members usually sit to the Chair’s right and opposition members to the left, members may be recognized by the Chair from any seat.
[404]
The motion may include the amount of time allotted to each questioner. See section above, “Routine Motions”.
[405] 
See, for example, Standing Committee on Natural Resources and Public Works, Minutes of Proceedings and Evidence, November 27, 1979, Issue No. 6, p. 3.
[406] 
Standing Order 117. This differs from the procedure in a Committee of the Whole, where the Chair’s rulings may be appealed not to the Committee but to the Speaker. See Chapter 19, “Committees of the Whole House”.
[407] 
See, for example, Standing Committee on Justice and Legal Affairs, Minutes of Proceedings and Evidence, October 17, 1985, Issue No. 47, pp. 3-4; Standing Committee on Finance, Minutes of Proceedings and Evidence, March 19, 1990, Issue No. 103, pp. 5, 9.
[408] 
See, for example, Standing Committee on Citizenship and Immigration, Minutes of Proceedings and Evidence, May 18, 1995, Issue No. 47, p. 7.
[409] 
Such motions, while directed at the item being considered rather than at members speaking, have the effect of imposing time limits on speeches. See, for example, Standing Committee on Industry, Minutes, March 23, 1999, Meeting No. 104.
[410] 
Standing Order 119.
[411] 
See, for example, Standing Committee on Regional Industrial Expansion, Minutes of Proceedings and Evidence, May 5, 1987, Issue No. 13, p. 3.
[412] 
Standing Order 117.
[413] 
In the absence of a report from the committee, Speakers have consistently refrained from interfering in a committee’s work. See, for example, Journals, July 1, 1919, p. 498; March 31, 1969, pp. 873-4.
[414]
See section above, “Routine Motions — Notice of Motion”.
[415] 
Standing Order 118(2).
[416]
Given the less formal atmosphere which is common in committee meetings, proposals, especially those relating to the internal affairs of the committee, are sometimes adopted without the formal reading of the motion by the Chair or the taking of a vote.
[417]
There is no set procedure in committee, as there is in the House, for deferring votes, although a committee may decide to hold a matter over for further consideration, rather than put it to a vote at a particular time.
[418] 
See Speaker Fraser’s ruling on a question of privilege concerning the disclosure of a vote held at an in camera meeting, Debates, May 14, 1987, pp. 6108-11.
[419] 
Standing Order 141(3). See also Chapter 23, “Private Bills Practice”.
[420]
For further information on the casting vote, see Chapter 7, “The Speaker and Other Presiding Officers of the House”.
[421] 
See, for example, Standing Committee on Citizenship and Immigration, Minutes of Proceedings and Evidence, May 18, 1995, Issue No. 47, p. 7.
[422] 
In the case of standing and legislative committees, this power is accorded by Standing Orders 108(1) and 113(5). Standing committees may delegate the power to send for persons to sub-committees. Legislative committees are restricted to calling government officials and technical witnesses. A provision empowering special committees to send for persons is ordinarily included in the order which establishes the committee. See, for example, Journals, October 1, 1997, pp. 59-61. Committees dealing exclusively with internal, administrative matters may not receive the power to send for persons. No such power is given to the Liaison Committee, nor is it given to steering committees. See Standing Order 107. The power to send for persons goes back at least to the first half of the seventeenth century. See Redlich, Vol. II, p. 207.
[423] 
See, for example, Special Committee on the Review of the Canadian Security Intelligence Service Act and the Security Offences Act, Minutes of Proceedings and Evidence, September 28, 1989, Issue No. 1, p. 7, and Special Committee on the Proposed Companion Resolution to the Meech Lake Accord, Minutes of Proceedings and Evidence, April 9, 1990, Issue No. 1, pp. 8-9.
[424] 
See, for example, Standing Committee on Human Resources and the Status of Persons with Disabilities, Minutes, October 21, 1997, Meeting No. 2.
[425] 
Committees are authorized to reimburse witnesses, with the exception of those residing in the National Capital Region. The actual level of reimbursement, established from time to time by the Board of Internal Economy, is set out in the Financial Policy Manual for Committees. Committees usually limit the number of individuals from a given organization whom they are willing to reimburse. See, for example, Standing Committee on Health, Minutes, October 30, 1997, Meeting No. 2. Committees may reimburse witnesses who appear before them in Ottawa or while the committee is travelling. See, for example, Standing Committee on Fisheries and Oceans, Minutes, November 27, 1997, Meeting No. 11.
[426] 
While the committee is not obliged to extend an invitation to appear prior to issuing a summons, this is the normal manner of proceeding. See, for example, Standing Committee on Consumer and Corporate Affairs and Government Operations, Minutes of Proceedings and Evidence, May 29, 1990, Issue No. 67, p. 4. Prior to an amendment to the Standing Orders in 1994, it was necessary to file a certificate with the Chair of the committee indicating that the evidence of a witness was material and important before a summons could be issued. Since the rule change, a certificate is no longer required prior to the issuing of a summons. See Journals, June 8, 1994, p. 545; June 10, 1994, p. 563; and Standing Committee on Procedure and House Affairs, Minutes of Proceedings and Evidence, June 9, 1994, Issue No. 16, pp. 3-8, in particular p. 8.
[427] 
See, for example, Journals, August 27, 1891, p. 454.
[428] 
See, for example, Journals, May 9, 1996, pp. 341-2. When formally requested to appear by the House, Senators may do so only with the permission of the Senate. See Senate Rule 124.
[429] 
See Parliament of Canada Act, R.S.C. 1985, c. P-1, ss. 10(3), 11. The form of the oath or solemn affirmation is defined by s. 13(2) of the Act, and is set out in the Schedule attached to it.
[430] 
At various times, committees have sworn in the Prime Minister, the Auditor General (an officer of Parliament) and senior public servants. See, for example, Special Committee on Certain Charges and Allegations made by George N. Gordon, Minutes of Proceedings, March 3, 1932; Standing Committee on Public Accounts, Minutes of Proceedings and Evidence, May 16, 1996, Issue No. 15, p. 1; Standing Committee on Labour, Employment and Immigration, Minutes of Proceedings and Evidence, January 28, 1987, Issue No. 20, pp. 3-4, 9-14; and Speaker Fraser’s ruling, Debates, March 17, 1987, pp. 4265-6.
[431] 
See Speaker Fraser’s ruling, Debates, March 17, 1987, pp. 4265-6.
[432]
As in other matters involving privilege, a committee is not empowered to deal with a perceived contempt itself, but must report the matter to the House.
[433] 
Parliament of Canada Act, R.S.C. 1985, c. P-1, s. 12.
[434]
The length of the question period and the order in which questions are asked are matters which must be decided by the committee. See section above, “Routine Motions”. Given the less formal atmosphere which prevails in committee, considerable latitude is often shown with respect to these matters.
[435] 
Committees have, on occasion, authorized committee staff to question witnesses. Such cases tend to arise when a technical subject matter is under consideration. See, for example, Standing Committee on Communications and Culture, Minutes of Proceedings and Evidence, December 3, 1986, Issue No. 8, p. 3.
[436] 
Standing Order 119 authorizes Members of the House who are not members of the committee to participate in its public proceedings.
[437] 
As with Members, freedom of speech is extended to the testimony given by witnesses before committees and has been held to include protection from any possible prosecution. The House may waive this protection if it sees fit. See, for example, Journals, April 12, 1892, pp. 234-5. It is the responsibility of each committee to see that witnesses do not take advantage of this protection to utter defamatory remarks which might give rise to legal proceedings were they made elsewhere. See Speaker Fraser’s ruling, Debates, March 16, 1993, pp. 17071-2. See also Chapter 3, “Privileges and Immunities”.
[438] 
See, for example, Special Committee on Child Care, Minutes of Proceedings and Evidence, June 13, 1986, Issue No. 46, p. 6.
[439] 
See, for example, Standing Committee on Justice and Legal Affairs, Minutes of Proceedings and Evidence, June 3, 1996, Issue No. 24, p. 1; June 6, 1996, Issue No. 27, p. 1.
[440] 
See, for example, Journals, December 4, 1992, p. 2284; February 18, 1993, p. 2528; February 25, 1993, p. 2568; and Standing Committee on House Management, Minutes of Proceedings and Evidence, February 18, 1993, Issue No. 46, pp. 7-11.
[441] 
See, for example, Standing Committee on Elections, Privileges and Procedure, Minutes of Proceedings and Evidence, February 23, 1988, Issue No. 24, p. 4.
[442] 
See Speaker Fraser’s ruling, Debates, March 16, 1993, pp. 17071-2.
[443] 
See, for example, Standing Committee on Elections, Privileges and Procedure, Minutes of Proceedings and Evidence, February 3, 1988, Issue No. 20, pp. 3, 25-8.
[444] 
See, for example, Standing Committee on Elections, Privileges and Procedure, Minutes of Proceedings and Evidence, February 3, 1988, Issue No. 20, pp. 25-8.
[445] 
Debates, December 11, 1986, p. 1999.
[446] 
See Journals, February 17, 1913, p. 254.
[447] 
For a discussion, see Report on Witnesses Before Legislative Committees, Ontario Law Reform Commission, 1981, pp. 25-45.
[448] 
See, for example, Standing Committee on National Resources and Public Works, Minutes of Proceedings and Evidence, November 27, 1979, Issue No. 6, p. 4; Standing Committee on Communications and Culture, Minutes of Proceedings and Evidence, February 4, 1988, Issue No. 73, pp. 7, 45; Standing Committee on Canadian Heritage, Minutes of Proceedings and Evidence, June 18, 1996, Issue No. 2, p. 7. There has been agreement that Order-in-Council nominees should not be asked questions about their personal lives. See, for example, Standing Committee on Citizenship and Immigration, Minutes of Proceedings and Evidence, November 3, 1994, Issue No. 26, p. 4.
[449]
For a description of the sub judice convention, see Chapter 13, “Rules of Order and Decorum”.
[450] 
See, for example, Standing Committee on Miscellaneous Estimates, Minutes of Proceedings and Evidence, May 10, 1982, Issue No. 84, pp. 30, 34. The House is not prevented from referring a matter to committee because it is sub judice. See Speaker Sauvé’s ruling, Debates, March 22, 1983, pp. 24027-9.

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

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