Substitutions
In 1985, the McGrath Committee recommended
that members be responsible for finding their own replacements when they were
unable to attend committee
meetings. [206]
When
members of a standing or standing joint committee are unable to attend committee
meetings, the Standing Orders provide for their replacement by designated
substitutes. [207]
A
substitute enjoys the same rights and privileges as the regular member of a
committee being replaced. Substitutes are counted for purposes of establishing a
quorum; they may participate in debate, move motions and
vote. [208]
A
substitution cannot be in effect while the committee member is present at the
meeting. Thus, a member, such as the 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 in any decisions the committee may take during the
meeting. [209]
Standing committee members may file with
the clerk of the committee a list of the names of not more than 14 members of
their party who may act as substitutes when required. The list is to be filed
within five sitting days of the committee’s organization meeting, and
amendments to it may be filed at later times as
required. [210]
Notification of a proposed substitution from a list must be sent by the member
to the party whip the day before it is to take effect. After signing the
notification, the whip forwards it to the clerk of the
committee. [211]
If no
substitute list is filed with the clerk or no notice has been received by the
clerk, the whip may initiate a substitution by filing a notice with the clerk of
the committee. [212]
For the purpose of substitution, the whip may select any member of his or her
party or the independent members listeas associate members of the
committee. [213]
The Standing Orders do not provide for
substitutions in legislative committees. However, Members who are unable to
carry out their duties on a legislative committee may be replaced by filing a
change in membership, signed by the party whip, with the clerk of the
committee. [214]
As
there is no limit on the number and frequency of such changes, they serve both
to make permanent changes to a committee’s membership and as a de
facto substitution system.
Substitutions are permitted on special
committees only where such a power is granted in their order of reference and
only in the manner stipulated. The House has permitted substitutions on special
committees in a manner similar to that used for standing
committees [215]
and
has also permitted special committee membership to be changed on signed
notification of the Chief Whip of a party, as is done for legislative
committees. [216]
As
the order of reference of a special committee usually sets no limit on the
number or frequency of such changes, they serve both to make permanent changes
to the committee’s membership and as a de facto substitution
system.
Committees do not normally make explicit
provision for substitutions when establishing sub-committees. The membership of
a sub-committee is often designated by indicating the number of members from
each party who will form the sub-committee, rather than designating members by
name. This permits any of the regular or associate members of a party on the
main committee to attend a given meeting of the sub-committee, up to the maximum
stipulated in its order of
reference. [217]
Associate Members
In addition to regular committee members,
the Standing Orders also provide for associate members. Associate members are
eligible to be named to sub-committees and to act as substitutes for regular
members who are unable to attend committee meetings. While associate members are
serving on sub-committees or as substitutes for regular members, they enjoy all
of the rights of regular committee members: they are counted for purposes of
establishing a quorum, they may participate in debate, they may move motions and
vote. [218]
The use of
associate members on sub-committees helps to reduce the workload of regular
committee
members. [219]
It also
permits members with particular interest or expertise in the specific area being
examined by the sub-committee to participate in its work, without being obliged
to become a regular member of the main committee.
The Procedure and House Affairs Committee,
in its capacity as striking committee, is responsible for preparing and bringing
in a list of associate members for standing and standing joint
committees. [220]
Ex Officio Members
Some committees have appointed “ex
officio members” who were not Members of the House to participate in
various committee studies. These individuals, who represented groups
specifically targeted by the studies, were permitted to pose questions to
witnesses, participate in the committees’ deliberations and in the
drafting of reports. They were not permitted to move motions or to vote, nor
could they be counted for the purposes of
quorum. [221]
Changes in Membership
It is generally accepted that a Member is
bound to serve on a committee to which he or she has been duly
appointed. [222]
Members were formerly excused from service on a committee only if they could
show some reason why they were unable to
attend. [223]
As
Members are named to committees by the House, they cannot simply resign. They
may only be removed following a membership change or by a decision of the House.
Committees themselves have no power to alter their own membership. In order to
maintain the relative number of members of each party on a committee, the
removal of a member is coupled with the naming of a
replacement.
Where a Member wishes to resign from a
standing committee, he or she may give notice of that intention in writing to
the Procedure and House Affairs Committee. The Committee reports to the House
indicating the names of the Member wishing to be removed from the standing
committee and the new Member being named to it. The change takes effect when the
House has concurred in the Committee’s
report. [224]
Changes in the membership of legislative
committees are effected by having a notice thereof, signed by the Chief Whip of
that member’s party, filed with the clerk of the committee. The notice
indicates both the member being removed from the committee and the
replacement. [225]
Where the House makes provisions for
changes to the membership of a special committee in the order of reference
creating the committee, such provisions usually parallel those used for
legislative
committees. [226]
Changes in the House membership of joint
committees are made following the procedures used in the corresponding type of
House committees (i.e., standing or
special). [227]
As the membership of sub-committees is
normally established by designating a certain number of members from each party,
rather than by naming specific individuals, no special provision is required for
membership changes.