Introductory Pages

House of Commons Procedure and Practice

edited by Robert Marleau and Camille Montpetit

© 2000 House of Commons

Coordination: Gertrude Gillich D’Urso
Proofreading: Licia Canton
Typesetting: Claude Bergeron
Cover and design: Norman Lavoie

Canadian Cataloguing in Publication Data

Canada. Parliament. House of Commons

House of Commons Procedure and Practice
Issued also in French under title: La procédure et les usages de la Chambre des communes.

ISBN 2-89461-378-4
Cat. no. X9-2/5-1999E

1. Parliamentary practice – Canada – Handbooks, manuals, etc.
2. Legislation – Canada – Handbooks, manuals, etc.
3. Canada. Parliament. House of Commons – Rules and practices – Handbooks, manuals, etc.
   I. Marleau, Robert. II. Montpetit, Camille. III. Title.

JL164.C32 1999328.71’05C99-980478-2

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ISBN 2-89461-378-4

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Preface

Those who have a comprehensive enough genius to be able to give laws to their own nation or to another should pay certain attentions to the way they are formed.

Montesquieu
(The Spirit of the Laws, Book XXIX, Chapter XVI)

In 1980, the Clerk of the House, Dr. C.B. Koester (1979-1987), supported by Speaker Jeanne Sauvé (1980-1984), established the Table Research Branch at the House of Commons. The Table Research Branch was mandated to provide information and advice on parliamentary procedure to the Chair, the Table, Members of Parliament, public servants, academics and the general public. In addition, Dr. Koester envisaged the Table Research Branch producing an original, comprehensive manual of procedure and practice in the House of Commons — not that there had never been a book on Canadian parliamentary procedure.

Sir John George Bourinot, Clerk of the Canadian House of Commons from 1880 to 1902, was the first person to write a book on parliamentary procedure from the Canadian perspective. Parliamentary Procedure and Practice in the Dominion of Canada, first published in 1884, with a fourth edition in 1916, is still recognized as a fundamental, if somewhat outdated, authority on Canadian practice. Following in Bourinot’s footsteps, Arthur Beauchesne, Clerk of the House of Commons from 1925 to 1949, published four editions of Rules and Forms of the House of Commons of Canada, a collection of notes with annotations, comments and precedents to provide Members with a quick reference whenever questions of procedure arose. In particular, the fourth edition, published in 1949, is still highly regarded by proceduralists. Two more editions were published, the fifth in 1978 and the sixth in 1989, under the direction of Alistair Fraser, a former Clerk of the House (1967-1979). However, because the copyrights for these earlier publications are held privately, it proved difficult for the House of Commons to provide Parliamentarians with timely and accurate updated editions.

Before setting out to publish a procedural reference book, the Table Research Branch first developed a database to consolidate procedural information at the House of Commons and to serve as a reference tool for future publications. Once this undertaking was completed, procedural research officers began drafting The Annotated Standing Orders of the House of Commons of Canada which focussed on the written rules and included a concise commentary and brief history of each Standing Order. Upon its publication in 1989, this work became a solid foundation of reliable information on Canadian procedure and practice.

With the success of The Annotated Standing Orders, John A. Fraser, Speaker of the House of Commons from 1986 to 1993, and Gilbert Parent, the Speaker since 1994, embraced the idea that the time had come for a distinctly Canadian reference work on the procedure and practice of the House of Commons. They committed the resources and encouraged the efforts of the team of researchers, writers and editors brought together for this purpose.

House of Commons Procedure and Practice represents a milestone in the evolution of Canadian parliamentary jurisprudence. Parliamentarians, proceduralists, academics and interested Canadians should find this book an essential guide to understanding the House of Commons and its Members.

Although it touches on constitutional, political and historical matters, this reference book is primarily a procedural work which examines the many forms, customs and practices which have been developed and established since Confederation in 1867. While shedding light on the Westminster model of parliamentary government, it provides a distinctive Canadian perspective in describing procedure in the House of Commons up to the end of the First Session of the Thirty-Sixth Parliament in September 1999.

The material is presented with full commentary on the historical circumstances which have shaped the current approach to parliamentary business. Key Speakers’ rulings and statements are also documented and the considerable body of practice, interpretation and precedents unique to the House of Commons of Canada is amply illustrated. A wealth of references in the footnotes support the text and offer additional insights into the development of the current rules and practices. The book is complemented further by the figures found throughout the text and by many appendices.

In many ways, House of Commons Procedure and Practice is a continuation of Bourinot’s work, documenting Canadian parliamentary procedure from the early years of the House to the start of a new millenium. It is our hope that in offering a clear exposition of our procedures and practices, this book will serve as a reference guide for Parliamentarians in their daily work and for all those who study and are intrigued by the House of Commons and how it functions.

Robert Marleau
Clerk of the House of Commons
September 1999

Acknowledgements

As the Senior Editors of House of Commons Procedure and Practice, Robert Marleau and I take great pride in this comprehensive study of Canadian parliamentary jurisprudence. As hard as some have laboured on this project, it must be pointed out that this book is the culmination of several years of work by many talented, experienced and dedicated people. I wish to acknowledge their efforts in bringing this milestone project to fruition.

I particularly wish to salute Debra Manojlovic Ford, Joann Garbig and Johan Fong who assiduously worked on this project from the laborious beginnings in 1993 to the rewarding end in 1999. I also want to give special thanks to an esteemed colleague, Deputy Principal Clerk Michael Lukyniuk, who, for the last two years, was responsible for the management of all the resources assigned to this project. His contribution to the final stages of the drafting and editing of the English and French texts was crucial in meeting the production deadlines.

It all began in earnest in late 1993. The planning of this project commenced in the Table Research Branch of the House of Commons under the direction of Principal Clerk Audrey O’Brien and Deputy Principal Clerks Marc Bosc and Marie-Andrée Lajoie, with the support of Deputy Clerk Mary Anne Griffith. The planning exercise involved several aspects, among them: the creation of chapter outlines, the identification of research methodology, and the collection of research material. Joann Garbig, Suzanne Kinsman and Debra Manojlovic Ford were the key procedural researchers involved in this early phase of the project.

By early 1996, several rough drafts of chapters had been written by the team of Joann Garbig, Debra Manojlovic Ford, John Phillips and Pat Steenberg under the direction of Deputy Principal Clerk David Gussow. As the project advanced, I became more directly involved, as one of the Senior Editors, in reviewing the texts and providing procedural feedback and criticism on substance and form. Terry Moore was asked to assist in the review exercise. With the impending retirement of David Gussow, Deputy Principal Clerk Michael Lukyniuk took over direction of the team in late 1997 and saw the project to completion.

By this time, the work had advanced to the point where chapters were being sent to the Clerk of the House for review and publication objectives were being set. In order to meet the approaching deadline of February 2000, additional researcher-writers were added to the team: Wayne Cole, Diane Deschamps, Jean-Jacques Gariépy, Patrice Martin and Terry Moore; in addition to their other duties, some procedural clerks in other services were asked to assist in the drafting of specific chapters: Deputy Principal Clerk Marc Bosc, Monique Hamilton and Beverley Isles; still others were asked for assistance in research support: Paulette Nadeau and Suzanne Verville, as well as administrative assistant Fiona Bladon. The unstinting work on the inputting, revising and formatting of the text by Johan Fong, assisted later by Dany Lamarque, has been a tremendous boost throughout the life of this project.

Besides researching and writing, this project involved other resources. The indexing in both languages was undertaken by the dedicated team in the Index Service of the House under the direction of Michel Boileau. The Translation Bureau assigned a team of seasoned translators to handle the heavy demands of the project under the supervision of Dominique Chauvaux: Ghislain Dion, Jacques Dubé, Laurent Fillion, Patricia Galbraith, Frèdelin Leroux Jr. and Denis Samson. In keeping with its reputation, the Library of Parliament provided a prompt and efficient service in responding to our numerous requests for reference material. English and French texts were reviewed in the Table Research Branch by Pierre Couture and Diane Deschamps before being sent to the publisher. Aspects relating to the production of the book — finance, relations with the publisher, arrangements for indexing, and distribution — were handled by Diane Diotte and Lucile McGregor under the supervision of Deputy Principal Clerk Eric Janse.

Such a project also required a corporate commitment and contribution from various services of the House of Commons. Of great use to the project were written documents and reference material from the following branches: Legal Services, Curator’s Services, Committees and Legislative Services, Financial Services and the Table Research Branch. In addition, logistical support was regularly provided by the House Proceedings and Parliamentary Exchanges Directorate. Throughout this project, valuable information and advice were received from procedural clerks not directly involved in researching or writing; workloads may also have been increased for others because colleagues were given special assignments on this project. The indirect contribution of these individuals is much appreciated.

A number of “strangers” ^[1] also made important contributions to this project and I wish to take this opportunity to thank Judith A. LaRocque and Anthony P. Smyth from the Office of the Secretary to the Governor General, Antonine Campbell from the Office of the Auditor General, and Judy Charles from the Office of the Chief Electoral Officer for reviewing portions of the text.

Though “strangers” in the parliamentary sense of the term but certainly no strangers to the world of parliamentary procedure, two other truly professional individuals were key contributors to the editing phase of the manual. Both Lynda Chapin, a former public servant with practical knowledge and experience in parliamentary affairs, and Queen’s University Professor C.E.S. Franks, a recognized authority in Canada’s parliamentary system, gave us invaluable feedback and provided an essential service in pointing out minor and not-so-minor errors and omissions. I wish to thank them for having read the entire manuscript with such close attention and for providing concrete suggestions on how it could be improved.

Finally, I wish to acknowledge the special contribution of the Clerk of the House who, after setting the daring publication date of February 2000, gave his full support to the resourcing requirements and, despite the many claims on his time, managed to fully respect the deadlines which the team imposed for the final review of the draft chapters.

A work of this kind requires vision and a long-term commitment since it attempts to encapsulate the wisdom of generations of parliamentarians. The participants in this project were well aware of the dimensions of this daunting task and they are to be congratulated on having produced such a fine record. As is the usual practice with publications of this nature, any errors or omissions in the text remain the responsibility of the Senior Editors.

Camille Montpetit
Deputy Clerk of the House of Commons
September 1999

[1]

The procedural term “strangers” refers to those not normally found on the floor of the House. In keeping with the style of the book, might I add: For further information on “strangers”, see Chapter 6, “The Physical and Administrative Setting”.

Photo Credits

List of Figures

List of Abbreviations

References to certain procedural authorities and other frequently cited sources are abbreviated in the notes as follow:

Beauchesne

Beauchesne, A., Rules and Forms of the House of Commons of Canada, 1^st ed., Toronto: Canada Law Book Company, 1922; 2^nd ed., 1927; 3^rd ed., 1943; 4^th ed., Toronto: Carswell, 1958.

Beauchesne, A., Beauchesne’s Rules and Forms of the House of Commons of Canada, 5^th ed., edited by A. Fraser, G.A. Birch and W.F. Dawson, Toronto: Carswell, 1978; 6^th ed., edited by A. Fraser, W.F. Dawson, and J.A. Holtby, 1989.

Bourinot

Bourinot, J.G., Parliamentary Procedure and Practice in the Dominion of Canada, South Hackensack: Rothman Reprints Inc., 1971 (reprint of 1^st ed., 1884); 2^nd ed., Montreal: Dawson Brothers, 1892; 3^rd ed., edited by T.B. Flint, Toronto: Canada Law Book Company, 1903; 4^th ed., edited by T.B. Flint, 1916.

Dawson

Dawson, W.F., Procedure in the Canadian House of Commons, Toronto: University of Toronto Press, 1962.

Dawson’s The Government
of Canada

Dawson, R.M., Dawson’s The Government of Canada, 6^th ed., edited by N. Ward, Toronto: University of Toronto Press, 1987.

Debates

Canada, Parliament, House of Commons, House of Commons Debates: Official Report.

Franks

Franks, C.E.S., The Parliament of Canada, Toronto: University of Toronto Press, 1987.

Fraser

Fraser, J.A., The House of Commons at Work, Montreal: Les Éditions de la Chenelière inc., 1993.

Griffith and Ryle

Griffith, J.A.G., and M. Ryle, Parliament: Functions, Practice and Procedure, London: Sweet & Maxwell, 1989.

Hatsell

Hatsell, J., Precedents of Proceedings in the House of Commons, 4 vols., South Hackensack: Rothman Reprints Inc., 1971 (reprint of 4^th ed., 1818).

Hogg

Hogg, P. W., Constitutional Law of Canada, 4^th ed., Toronto: Carswell, 1997.

House of Representatives
Practice

House of Representatives Practice, 1^st ed., edited by J.A. Pettifer, Canberra: Australian Government Publishing Service, 1981; 2^nd ed., edited by A.R. Browning, 1989; 3^rd ed., edited by L.M. Barlin, 1997.

Jackson and Jackson

Jackson, R. J., and D. Jackson, Politics in Canada: Culture, Institutions, Behaviour and Public Policy, 4^th ed., Scarborough: Prentice-Hall Allyn and Bacon Canada, 1998.

Jerome

Jerome, J., Mr. Speaker, Toronto: McClelland and Stewart, 1985.

Journals

Canada, Parliament, House of Commons, Journals of the House of Commons.

Kaul and Shakdher

Kaul, M.N., and S.L. Shakdher, Practice and Procedure of Parliament (with particular reference to Lok Sabha), 4^th ed., edited by S.C. Kashyap, New Delhi: Metropolitan, 1991, reprinted 1995.

Laundy

Laundy, P., The Office of Speaker in Parliaments of the Commonwealth, London: Quiller, 1984.

Maingot

Maingot, J.P. Joseph, Parliamentary Privilege in Canada, 1^st ed., Toronto: Butterworths, 1982; 2^nd ed., House of Commons and McGill-Queen’s University Press, 1997.

May

May, T.E., Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament, South Hackensack: Rothman Reprints Inc., 1971 (reprint of 1^st ed., 1844); 2^nd ed., 1851; 3^rd ed., 1855; 4^th ed., 1859; 5^th ed., London: Butterworths, 1863; 6^th ed., 1868; 7^th ed., 1873; 8^th ed., 1879; 9^th ed., 1883. Beginning with the 10^th edition, it has been edited by officers of the United Kingdom House of Commons: 10^th ed., 1893; 11^th ed., 1906; 12^th ed., 1917; 13^th ed., 1924; 14^th ed., 1946; 15^th ed., 1950; 16^th ed., 1957; 17^th ed., 1964; 18^th ed., 1971; 19^th ed., 1976; 20^th ed., 1983; 21^st ed., 1989; 22^nd ed., 1997.

McGee

McGee, D., Parliamentary Practice in New Zealand, 1st ed., Wellington: Government Printer, 1985; 2^nd ed., GP Publications, 1994.

McMenemy

McMenemy, J., The Language of Canadian Politics: A Guide to Important Terms and Concepts, rev. ed., Waterloo: Wilfrid Laurier University Press, 1995.

O’Brien

O’Brien, G., “Pre-Confederation Parliamentary Procedure: The Evolution of Legislative Practice in the Lower Houses of Central Canada 1792-1866”, Ph.D. dissertation, Carleton University, 1988.

Odgers

Odgers, J.R., Australian Senate Practice, 1^st ed., Canberra: 1953; 2^nd ed., 1959; 3^rd ed., 1967; 4^th ed., 1972; 5^th ed., 1976; 6^th ed., 1991. Beginning with the 7^th edition, it has been edited by H. Evans: 7^th ed., 1995; 8^th ed., Australian Government Publishing Service, 1997.

Redlich

Redlich, J., The Procedure of the House of Commons, 3 vols., translated by A. Steinhal, New York: AMS Press, 1969 (reprint of 1908 edition).

R.S.C.

Canada, Revised Statutes of Canada, Ottawa, 1985.

S.C.

Canada, Statutes of Canada, Ottawa.

Stewart

Stewart, J.B., The Canadian House of Commons: Procedure and Reform, Montreal: McGill-Queen’s University Press, 1977.

Wilding and Laundy

Wilding, N., and P. Laundy, Encyclopaedia of Parliament, 4^th ed., London: Cassell, 1972.