The Speaker of the House

    7.1

    The Speaker of the House of Commons holds a position of historical significance and of great responsibility. They are the spokesperson of the House and the main presiding officer of its proceedings.

    In Canada, the relationship between the Crown, the Senate and the House of Commons was clearly established by the time of Confederation. The Speaker has not, therefore, been involved in constitutional disputes relating to the role, as took place in Britain over a period of several centuries. The appointment and role of the Speaker were clearly defined in the Constitution Act, 1867 and, subsequently, in the Parliament of Canada Act and the Standing Orders of the House of Commons.

    Generally, most Speakerships have lasted one or two Parliaments. Of the 40 Speakers to hold office since Confederation, seven have served in two Parliaments and only three have served in more than two. Speaker Milliken was the only Speaker to preside over four Parliaments and is the longest-serving Speaker to date.

    The Speaker has almost always been elected from among the members of the governing party. Although the Speaker eschews partisan political activity, they do not make a complete break. When running for re-election, while they still canvass constituents and engage in fundraising activities, incumbent Speakers are usually careful to avoid partisan statements and actions that might prejudice their perceived impartiality in the future.

    Developments over the years have served to strengthen and enhance the office of Speaker. In 1968, the official table of precedence for Canada was amended to move the Speaker of the House of Commons from eighth position to fifth, immediately after the Governor General (or the Administrator of the Government of Canada), the Prime Minister, the Chief Justice of Canada and the Speaker of the Senate. Since the mid-1970s, the salary and allowances attached to the office of Speaker have been comparable to those of a cabinet minister. Moreover, a long-standing rule that allowed members to appeal decisions of the Speaker was removed from the Standing Orders in 1965. In addition, rules adopted in 1985 provide for the election of the Speaker by secret ballot. In 2015, this was changed from a majority runoff system to a single preferential ballot system. Changes to the Standing Orders adopted in 2004 conferred upon the Speaker the responsibility of proposing the three other presiding officers, after consultations with the leaders of all recognized parties.

    Governing Provisions

    7.2

    The Constitution Act, 1867 establishes the office of Speaker, the requirement for the election of the Speaker, certain of the Speaker’s duties and the right of the Speaker to vote only in the case of a tie, referred to as a “casting vote”.

    The Parliament of Canada Act fixes the Speaker’s salary and enumerates certain administrative responsibilities, such as chairing the Board of Internal Economy, which is, by statute, responsible for all matters of financial and administrative policy affecting the House of Commons. The act also provides for the Deputy Speaker, or any other member called upon by the Speaker, to preside over the House during the Speaker’s absence. The Parliament of Canada Act further provides that, following a dissolution of Parliament, the Speaker and the other members of the Board of Internal Economy shall remain in office, for administrative purposes, until the opening of the new Parliament.

    Several other statutes further define the role and responsibilities of the Speaker. For example, the Electoral Boundaries Readjustment Act establishes the Speaker’s role in appointing two members to each provincial electoral boundaries commission, in tabling the reports of these commissions and in the filing of possible objections.

    Certain statutes require the Speaker to receive reports and other documents and to table them in the House. Other statutes, such as the Emergencies Act, the Energy Administration Act, the Energy Supplies Emergency Act, the Old Age Security Act, the International Development (Financial Institutions) Assistance Act and the Special Economic Measures Act, which provide for Parliament to confirm, revoke or amend instruments of delegated legislation, also require the Speaker to perform a specific role in this process.

    The Standing Orders provide for the Speaker’s duties as presiding officer in the House and outline further administrative duties, most of which are carried out by the Clerk, as head of the House Administration, under the direction of the Speaker.

    Procedural Role of the Speaker

    7.3

    The House devises its own rules, develops its own practices and is master of its own proceedings. The office of the Speaker derives its authority from the House and the holder of the office may accurately be described as its representative and authoritative counsellor in all matters of form and procedure. The office of the Speaker must be distinguished from its incumbent, who requires the support and goodwill of the House in order to carry out the duties of the office. The Speaker’s authority and responsibilities as presiding officer in the House of Commons flow in large part from the Constitution and from the written rules of the House.

    The duties of the Speaker of the House of Commons require the balancing of the rights and interests of the majority and the minority in the House to ensure that public business is transacted efficiently and that the interests of all parts of the House are advocated and protected against the arbitrary use of authority. It is in this spirit, not as the master of the House but as its chief servant, that the Speaker applies the rules.

    Despite the considerable authority of the office, the Speaker may exercise only those powers conferred upon them by the House within the limits established by the House itself. In ruling on matters of procedure, the Speaker is expected to adhere strictly to this principle, which delineates the extent of the Speaker’s authority and, in some cases, offers suggestions as to matters which the House may see fit to pursue.

    Guardian of Rights and Privileges

    7.4

    It is the responsibility of the Speaker to act as the guardian of the rights and privileges of members and of the House as an institution. At the opening of each Parliament, the House is summoned to the Senate chamber, where the newly elected Speaker addresses the Crown or its representative and claims for the Commons all of its accustomed rights and privileges. The claim holds for the life of the Parliament and is not repeated in the event of the election of a new Speaker during the course of a Parliament.

    Freedom of speech may be the most important of the privileges that members of Parliament possess. The right to freedom of speech is not, however, absolute; there are restrictions imposed by the House on its members, derived from practice, convention and the rules agreed to by the House. For example, the Standing Orders provide for time limits on speeches, and according to the sub judice convention, members refrain from the discussion of many matters which are currently under consideration by a court. The duty of the Speaker is to ensure that the right of members to free speech is protected and exercised to the fullest possible extent; this is accomplished in part by ensuring that the rules and practices of the House are applied and that order and decorum are maintained.

    Whenever a member brings to the attention of the House a possible breach of a right or privilege, the responsibility of the Speaker is to determine whether or not a prima facie breach of privilege has occurred.

    In practice, the Speaker, in hearing an alleged question of privilege, may intervene to remind members of the Speaker’s role and to request that the member’s remarks be directed to providing facts to establish the existence of a prima facie case. At the Speaker’s discretion, other members may be permitted to participate. When the Speaker rules a matter to be a prima facie question of privilege, a motion can be brought before the House for its consideration.

    Order and Decorum

    7.5

    As the arbiter of House proceedings, the Speaker’s duty is to preserve order and decorum and to decide any matters of procedure that may arise. This duty carries with it a wide-ranging authority extending to matters as diverse as the behaviour and attire of members, the conduct of proceedings, the rules of debate and any disruptions during the sitting. When a decision on a matter of procedure or a question of order is reached, the Standing Orders require the Speaker to identify which standing order or other authority is being applied to the case.

    However, this is not always applied in practice. Sometimes, a ruling is delivered quickly and with a minimum of explanation. At other times, circumstances do not permit an immediate ruling. The Speaker may allow discussion of the point of order before they come to a decision. The Speaker might also reserve their decision on a matter, returning to the House at a later time to deliver the ruling. Once the Speaker has ruled, the matter is no longer open to debate or discussion. On rare occasions, the Speaker has, however, chosen to amend or clarify a previous ruling.

    In addition to ruling on procedural issues, Speakers may make statements with a view to providing information, clarification or direction to the House.

    There are a number of ways in which the Speaker may act to ensure that order and decorum are preserved. The rules governing the conduct of debate empower the Speaker to call a member to order if the member persists in repeating an argument already made in the course of debate or addressing a subject which is not relevant to the question before the House. The Speaker may intervene directly to address an individual member or the House in general, or the Speaker may respond to a point of order raised by another member. The Speaker can call to order any member whose conduct is disruptive to the order of the House. For example, if it is a question of unparliamentary language, the Speaker may ask the member to rephrase or withdraw the word or expression, or to apologize to the House.

    If the Speaker has found it necessary to intervene to call a member to order, they may then choose to recognize another member, thus declining to give the floor back to the offending member. On occasion, when a member has not complied with the Speaker’s instructions, the Speaker has given the member time to reflect on their position, declining in the meantime to recognize the member should they rise to be recognized. A warning at the time the member is called to order that the Chair may elect to do this has sometimes been sufficient to secure compliance. Ultimately, it is at the discretion of the Speaker to decide, based on precedents and the nature of the offence, which sanction is appropriate. Sanctions may also be imposed by the Speaker for other breaches of decorum.

    One of the more serious sanctions available to the Speaker for maintaining order in the House is “naming”, a disciplinary measure reserved for members who persistently disregard the authority of the Chair. If a member refuses to heed the Speaker’s requests to bring their behaviour into line with the rules and practices of the House, the Speaker has the authority to name that member (i.e., to address the member by name rather than by constituency or title, as is the usual practice) and, without putting the question to the House, to order the removal of the member from the chamber for the remainder of the sitting day. During debate in a committee of the whole House, if a member persists in disorderly conduct and refuses to obey the injunction of the Chair to desist, the Chair of the committee rises and reports the conduct of the member to the Speaker. The Chair may do this on their own initiative, without a motion from the committee. The Speaker will then ordinarily follow the procedure for naming the member. The power to name a member extends as well to the Deputy Speaker and Assistant Deputy Speakers.

    Another means of preserving order in the chamber is the Speaker’s discretionary power to order the withdrawal of strangers, that is, anyone who is not a member or an official of the House of Commons (e.g., senators, diplomats, government officials, journalists or members of the general public). This measure has also been used to clear the galleries of individuals whose presence has caused disruption. From time to time, the Speaker has also seen fit to remind spectators in the galleries of the standard of behaviour expected of them. In addition, the rules provide that, should a member take note of the presence of strangers or should the House wish to proceed in camera, the Speaker may put the question on the motion “That strangers be ordered to withdraw.” This motion is neither debatable nor amendable; if it is decided in the affirmative, the Speaker, relying on security staff, then ensures that the galleries are vacated.

    No Appeals

    7.6

    The Standing Orders prohibit any debate on decisions of the Speaker and prohibit any appeal of a Speaker’s decision to the House.

    Members have occasionally attempted to circumvent the prohibition against appeals by rising on points of order to “seek clarification” of a Speaker’s ruling or statement. In these circumstances, the Chair typically advises the member to review the written transcript of their ruling or to consult the procedural authorities cited therein.

    Impartiality of the Chair

    7.7

    When in the chair, the Speaker embodies the power and authority of the office, strengthened by rules and precedents. They must at all times show, and be seen to show, the impartiality required to sustain the trust and goodwill of the House. Speakers will, on occasion, make statements to the House to clarify their role, should any suggestion be made doubting their impartiality. The actions of the Speaker and the other chair occupants may not be criticized in debate or by any means except by way of a substantive motion. Such motions have been moved against the Speaker or other presiding officers on very rare occasions, and none of these motions were adopted.

    7.8

    Reflections on the character or actions of the Speaker (an allegation of bias, for example) could be taken by the House as breaches of privilege and punished accordingly. Questions of privilege have been raised regarding allegations made outside the House that imply a lack of impartiality on the part of chair occupants. Remarks made by members in the chamber and committee of the whole have also prompted questions of privilege.

    7.9

    In order to protect the impartiality of the office, the Speaker generally abstains from most partisan political activity (for example, by not attending caucus meetings), does not participate in debate and votes only in the event of an equality of voices, referred to as the “casting vote” of the Chair. Since 1979, the Speaker, unlike all other members, has not been assigned a desk in the chamber; this is a further indication that it has become an established practice that the Speaker has no role whatsoever in debate, whether in the House or in a committee of the whole. The impartiality required from Speakers, however, does not prevent them from representing their constituents, though it should not be done in a partisan fashion.

    In the past, Speakers have appeared before and have sometimes chaired House committees, usually when matters of procedure and proposed reform of the rules have been considered. More recently, Speakers have limited themselves to appearing as witnesses only on matters within their jurisdiction and usually before the Standing Committee on Procedure and House Affairs.

    Casting Vote

    7.10

    In the event of an equality of voices, the Speaker is responsible for breaking the tie by exercising the casting vote. This is the only time when the Speaker will vote.

    In theory, the Speaker has the same freedom as any other member to vote in accordance with their conscience; however, the exercise of this responsibility could involve the Speaker in partisan debate, which would adversely affect the confidence of the House in their impartiality. Therefore, certain conventions have developed as a guide to Speakers (and Chairs in a committee of the whole) in the infrequent exercise of the casting vote. Concisely put, the Speaker normally votes to maintain the status quo. This entails voting in the following fashion:

    • whenever possible, leaving the matter open for future consideration and allowing for further discussion by the House;
    • whenever no further discussion is possible, preserving the possibility that the matter might somehow be brought back in the future and be decided by a majority of the House; and
    • leaving a bill in its existing form rather than causing it to be amended.

    The application of this convention has not always been entirely consistent. For instance, on one occasion, the Speaker voted in favour of a hoist amendment to the motion for third reading of a bill in order “to keep the Bill before the House”; on another, the Speaker voted against a hoist amendment for the same reason (“to give the House a further opportunity for consideration”).

    The manner in which the Speaker casts a deciding vote is as follows: after an equality of voices is announced as the result of a recorded vote, the Speaker then votes and may state reasons. Any reasons given are recorded in the Journals. On three occasions, an equality of voices was announced, the Speaker cast a vote and it later came to light that no tie had occurred. In all three instances, the Speaker subsequently made a brief statement to the House in which he corrected the record. On another occasion, prior to the abolition of appeals from Speakers’ rulings, the voices were equal on a motion to sustain the ruling of the Chair. The Speaker declined to vote, stating, “Since the decision has not been negatived, I declare my ruling sustained” and no objection was raised.

    Specific Duties

    7.11

    Specific duties of the Speaker in the chamber are described below; many of the procedural topics referred to are explored in greater detail in other chapters.

    Opening the sitting: It is the Speaker’s responsibility to open the sittings of the House once it has been determined that a quorum is present. When opening a sitting, the Speaker takes the chair, calls the House to order, reads the prayer and calls for a moment of private reflection; on Wednesdays, the Speaker recognizes a member to lead the House in the singing of the national anthem. The Speaker then directs that the doors to the public galleries be opened and calls the first item of business. If, as sometimes happens, the Speaker is absent at the opening of a sitting, the House is so informed by the Clerk and the Deputy Speaker (or one of the other chair occupants) takes the chair.

    7.12

    Reading motions, putting questions, announcing results of votes: Before debate begins on a matter, the Speaker proposes the question by reading the motion on which the House is to decide. When no member rises to be recognized in debate, the Speaker asks if the House is “ready for the question”, thus ascertaining whether or not the debate has concluded. When debate on a question is closed, it is the Speaker’s responsibility to put the question, that is, to put the matter to the House for a decision, and afterwards to announce the result to the House.

    7.13

    Recognizing members to speak in the House: No member may speak in the House until called upon or recognized by the Speaker; any member so recognized may speak during debate, questions and comments periods, Oral Questions and other proceedings of the House. Various conventions and informal arrangements exist to encourage the participation of all parties in debate; nevertheless, the decision as to who may speak is ultimately the Speaker’s.

    7.14

    Deciding on points of order, questions of privilege and debate on motions: In presiding over the proceedings of the House, the Speaker is responsible for deciding questions of order and questions of privilege, and for ensuring that the rules and practices of the House are respected. The Speaker rules on these matters as they occur and not in anticipation. A question of order may be brought to the Speaker’s attention by a member, or the Speaker may intervene when they observe an irregularity. In ruling on questions of order and questions of privilege, the Speaker cites the Standing Orders or other applicable authority. At times, the Speaker may be called upon to deal with situations not provided for in the Standing Orders; in such cases, the rules give authority to the Speaker to consider parliamentary tradition in jurisdictions outside the House of Commons of Canada “so far as they may be applicable”.

    Other rules of the House give the Speaker the power to select which report stage amendments will be considered by the House and to group these for purposes of debate and division. In some cases, the Speaker may also rule on the admissibility of any amendment made by a committee to a bill. If the Speaker determines that amendments contained in the committee’s report are inadmissible, they may strike them from the bill and order that the bill be reprinted. In addition, in the event that notice of more than one opposition motion is given when a supply day has been designated, the Speaker could be responsible for selecting the one which would have precedence for consideration by the House.

    The Standing Orders also state that, unless the committee or the House has adopted a time limit, the Chair of a committee cannot end debate during a committee meeting while there are still members present who wish to participate. In the event that this occurs and is brought to the attention of the Speaker by any member, the Speaker is empowered to rule on the matter and may, if they deem it necessary, nullify all subsequent proceedings related to the violation. Finally, for certain omnibus bills, the Speaker is empowered to divide the questions at the second and third reading stages. When a government bill lacks a common element connecting the various provisions or when unrelated matters are linked, the Speaker can combine clauses of the bill thematically and put several questions at second and third reading.

    7.15

    Conduct of Private Members’ Business: It is the overall responsibility of the Speaker to make all the necessary arrangements to ensure the orderly conduct of Private Members’ Business, which includes ensuring that the House has 24-hours’ notice of the item to be considered in each sitting. It also includes seeing to the arrangement of exchanges when a sponsoring member is unable to be present when their item is scheduled for consideration, and refusing a notice of an item of Private Members’ Business which is deemed to be substantially the same as another.

    7.16

    Tabling of documents: Statutory provisions, as well as rules of the House, require the Speaker to receive and table certain reports and documents in the House. When the Speaker tables a document, they may do so during the sitting; alternatively, the document may be deposited electronically with the Clerk of the House. In either case, the tabling is noted in the Journals. The Speaker is responsible for tabling numerous documents. For example:

    • As Chair of the Board of Internal Economy (the body responsible for all financial and administrative matters affecting the House of Commons), the Speaker is responsible for tabling reports of the board’s proceedings. The reports consist of the Minutes of the board’s meetings. The Speaker is also responsible for tabling the annual reports of the board’s decisions respecting the budgets of parliamentary committees. In addition, the Parliament of Canada Act requires the Speaker to table any bylaws made by the board within 30 days of their making; typically, these are deposited electronically with the Clerk.
    • The Speaker is required, after consultation with the House leaders, to table annually, before September 30, a calendar of sitting and non-sitting weeks for the following year.
    • Statutory requirements exist whereby designated officers of Parliament and other designated entities transmit their annual reports and any special or investigatory reports to the Speaker, who then tables them in the House or deposits them electronically with the Clerk.
    • The Speaker is also responsible for presenting reports of the activities of Speaker-led parliamentary delegations that travel outside of Canada.
    • In the decennial process to readjust electoral boundaries, reports of the provincial and territorial electoral boundaries commissions are transmitted by the Chief Electoral Officer to the Speaker, who tables them when the House is sitting.
    • When election results are contested or appealed under the Canada Elections Act, reports of court decisions are made to the Speaker, who then informs the House.

    7.17

    Emergency debates: When a member requests to move the adjournment of the House in order to debate a matter requiring urgent consideration (an emergency debate), the Speaker is responsible for deciding whether or not to grant the request. When the Speaker has granted an application for an emergency debate, the rules provide for it to take place the same day, but the Speaker may also exercise a discretionary power to defer the debate to the next sitting day. An emergency debate ends at the times specified in the Standing Orders, but again, the Speaker has discretion to declare the motion carried and to adjourn the House to the next sitting day if, in the Speaker’s opinion, debate has concluded before those times. Once it is under way, an emergency debate takes precedence over all other business; in the event of conflict or incompatibility with regard to other rules or other business of the House, the Speaker has complete discretion in reconciling the difficulty.

    7.18

    Recall of the House: When the House stands adjourned during a session, the Speaker has the power to recall the House to meet prior to the date on which it is scheduled to reconvene. The request to recall the House is always initiated by a written request from a minister (usually the government House leader), and the Speaker has no authority to consider such a request from any other member. The Standing Orders describe the process to submit a request for the recall of the House, but are silent on ways to withdraw or cancel them.

    7.19

    Parliamentary publications: The official publications of the House of Commons are published under the authority of the Speaker. These include, among others, the Journals, the Debates, the Order Paper and Notice Paper, the Standing Orders of the House of Commons, bills, and the minutes and reports of House of Commons committees. Either before a session begins or when the House stands adjourned, upon receipt of a written request from the government, the Speaker will cause to be published a special Order Paper which informs the House of any measure the government wishes the House to consider immediately.

    7.20

    Chairs of legislative committees: The Speaker also has responsibilities with regard to Chairs of legislative committees. It is the Speaker’s duty at the start of each session, and thereafter as necessary, to select members to form a panel of Chairs. The Speaker exercises a certain amount of discretion in the choice of members; the rules specify only that a proportionate number of members be appointed from the government and opposition parties and that the other presiding officers of the House be on the panel. Whenever the House decides to proceed with the appointment of a legislative committee, it is the Speaker’s responsibility to select a member from the panel of Chairs to chair that committee.

    7.21

    Committees of the whole: Like other chair occupants, the Speaker may preside over any debate conducted in a committee of the whole.

    7.22

    Private bills: When private bills are to be brought before Parliament, persons wishing to act as parliamentary agents (i.e., employed in promoting or opposing a private bill) must be granted authority to do so by the Speaker. The Speaker also has the power to issue a temporary or absolute prohibition on an individual acting as a parliamentary agent in cases where the agent has failed to act in accordance with parliamentary rules and practice.

    Administrative Role of the Speaker

    7.23

    The Speaker plays an important leadership role in the administration of the House of Commons, particularly as chair of the Board of Internal Economy. The House Administration supports members of Parliament, individually and collectively, in their parliamentary roles and the House itself as an institution.

    One of the fundamental privileges of the House is the right to regulate its own internal affairs, exercising exclusive jurisdiction over its premises and the people within. By virtue of the Parliament of Canada Act, all matters of administrative and financial policy affecting the House of Commons are overseen by the Board of Internal Economy, which is composed of members from the government and opposition parties. The Speaker presides over the Board of Internal Economy.

    The day-to-day management of the staff of the House of Commons rests with the Clerk and the senior officials reporting to the Clerk, subject to orders of the House or of the Speaker.

    Spending estimates for the House of Commons are prepared at the request of the Board of Internal Economy and, once they have been approved by the board, it is the Speaker’s responsibility to transmit them to the President of the Treasury Board for tabling with the government’s departmental estimates for the fiscal year.

    The right of each House of Parliament to regulate its own internal affairs also extends to access to its precinct. As guardian of the rights and privileges of the House, the Speaker ensures that this is respected within and outside the chamber. Within the precinct, the Speakers of the two Houses jointly oversee matters of security, which are the operational responsibility of the Parliamentary Protective Service. There are occasions when the Parliamentary Protective Service or the Sergeant-at-Arms requests and receives assistance from outside police forces. It is well established that outside police forces wishing to enter the Parliament Buildings must first obtain permission from the Speaker to do so, and that the authority to grant or withhold such permission rests with the Speaker, who exercises sole discretion in this regard.

    The Speaker, acting in accordance with an order of the House, may also request the civil authorities to hand over any individual in their custody whose presence is required in the exercise of the constitutional rights and powers of the House. In 2007, Speaker Milliken did so, issuing a rare “Speaker’s warrant” requiring the attendance of an incarcerated individual before a standing committee of the House.

    As chair of the Board of Internal Economy, the Speaker is the chief representative for all of the House’s dealings with government departments in matters of administration. Officials of the House of Commons, under the Board of Internal Economy’s authority, work in close co-operation with Public Services and Procurement Canada for the delivery of professional and technical services such as translation and interpretation, as well as the management of the Parliament Buildings and leased properties. The National Capital Commission is a Crown corporation whose objective is to plan and assist in “the development, conservation and improvement of the National Capital Region in order that the nature and character of the seat of the Government of Canada may be in accordance with its national significance”. The National Capital Commission is responsible for maintaining the grounds on Parliament Hill, an important historic site that is the focal point of much other public activity. The Speaker is naturally interested in ensuring that all such activity takes place with due regard to the dignity and authority of the institution and the privileges of members, such as the right to unimpeded access to the House of Commons and the parliamentary precinct at all times. Speakers have, in some cases, ruled that prima facie breaches of privilege occurred when the free movement of members of the House of Commons within the parliamentary precinct was allegedly impeded.

    Ceremonial and Diplomatic Roles of the Speaker

    7.24

    Certain responsibilities of the Speaker are of a traditional, ceremonial or diplomatic nature, highlighting the role of the Speaker as a representative of the Commons. The Speaker is the representative and spokesperson of the House of Commons in its relations with the Senate, the Crown and other bodies. Messages, correspondence and documents addressed to the House of Commons are communicated to it by the Speaker.

    When entering or leaving the House at the beginning or end of a sitting, the Speaker is always preceded by the Sergeant-at-Arms bearing the mace. The opening of a sitting of the House is preceded by a ceremonial event known as the Speaker’s parade, in which the Speaker walks in procession through the halls to the chamber of the House of Commons.

    Whenever the House is summoned to the Senate chamber to attend the Sovereign, the Governor General or the representative of the Governor General, the Speaker leads the procession. This happens at the opening of a Parliament and of a session, or whenever there is to be a traditional ceremony to grant royal assent to bills. When a new Parliament or new session opens and a Speech from the Throne is read in the Senate chamber, it is then officially communicated to the House by the Speaker. Once the House has adopted the Address in Reply to the Speech from the Throne, the text of the address is engrossed, signed by the Speaker and personally presented to the Governor General.

    7.25

    The Parliament of Canada maintains relations with the provincial and territorial legislatures, as well as with most foreign parliaments. Many of these relationships are carried on by, or in the name of, the Speaker of the House of Commons and the Speaker of the Senate. Contacts between the Parliament of Canada and other parliaments and legislative assemblies may range from exchanges of correspondence to formal visits conducted on a reciprocal basis, participation in conferences and training and development sessions for parliamentary officers.

    The Parliament of Canada is an active participant in the international exchange of ideas, information and experiences among world parliaments and holds membership in several interparliamentary associations and groups. The Speaker of the House is an honorary president of each of them. Budgetary and administrative matters relating to parliamentary associations are determined by the Joint Interparliamentary Council, which operates under the authority of the House of Commons’ Board of Internal Economy (of which the Speaker is Chair) and the Senate Standing Committee on Internal Economy, Budgets and Administration. Parliamentarians (as delegates, members or participants) attend national, bilateral and international meetings, conferences and seminars arranged through the parliamentary associations and interparliamentary groups.

    Outside the framework of the interparliamentary associations, the Parliament of Canada also participates in exchanges and programs of parliamentary co-operation with other parliaments throughout the world, authorized and overseen by both Speakers. Parliamentary exchanges offer parliamentarians opportunities to broaden their knowledge and discuss the issues of the day. The Speaker’s involvement may include accepting invitations from other parliaments, hosting visiting delegations of parliamentarians or participating in meetings of Speakers from Canada and abroad.

    7.26

    In accordance with the role of representative of the House, the Speaker is the only member who may draw the attention of the House to the presence of distinguished visitors seated in the galleries of the House. Generally, this takes place immediately following question period, although the Speaker has also recognized visitors immediately prior. In most cases, the visitors recognized are seated in the Speaker’s gallery. Although no Standing Orders exist to define what types of visitors will be recognized, the current practice is that the Speaker will recognize individuals in the following categories, once per Parliament, upon request:

    • Heads of state or government;
    • Speakers of foreign national parliaments;
    • Ministers of foreign national governments;
    • Speakers of Canadian legislative assemblies;
    • Premiers and ministers of Canadian provincial and territorial governments;
    • Commissioners of Canadian territories;
    • Parliamentary delegations visiting on the official invitation of the Speaker of the Senate, the Speaker of the House of Commons or a recognized parliamentary association of the Parliament of Canada;
    • Presidents or secretaries general of major international organizations;
    • Leaders of national Indigenous organizations; and
    • Distinguished Canadians whose exceptional achievements have been recognized.

    From time to time, a distinguished visitor (usually a head of state or of government) has given a joint address to members of the House of Commons and senators in the House of Commons chamber. The Speaker, as host, takes a pre-eminent role in such events, which are organized in accordance with an established protocol.

    Election of the Speaker as Presiding Officer

    7.27

    The election of the Speaker of the House of Commons is a constitutional requirement. An election must take place at the opening of the first session of a Parliament, when the House is without a Speaker. Should the Speaker resign or state their intention to resign in mid-Parliament, election proceedings would again take place; a vacancy occurring for any other reason would also lead to the election of a new Speaker. This constitutional requirement is the basis of the Standing Orders which specify when and under what circumstances the election of a Speaker takes place. Although the Speaker has in most cases been elected at the opening of the first session of a Parliament, several Speakers have been elected in mid-session or at the opening of the second or later session of a Parliament. In any case, the election takes precedence over all other business and is not to be considered as a question of confidence in the government. No other business can come before the House until the election has taken place and the new Speaker has taken the chair.

    7.28

    When the House meets at the beginning of a new Parliament, members are summoned to the Senate chamber by means of a message delivered to the House by the Usher of the Black Rod. Preceded by the Clerk of the House, the members make their way to the Senate chamber, where they are informed by a deputy of the Governor General that the causes of summoning will not be divulged (meaning that the Speech from the Throne will not be read) until a Speaker is elected. The members then return to the House and proceed immediately to the election of a Speaker.

    All members of the House, except ministers and party leaders, are automatically candidates for the Speakership. The Standing Orders designate who shall preside over the election of a Speaker but are silent as to whether the member presiding may also be a candidate. In all elections to date, the member presiding took the prescribed action of removing themselves from the list of candidates. Any eligible member who does not wish to be considered must so inform the Clerk in writing by 6:00 p.m., at the latest, on the day before the election is to take place. After the deadline has passed, the Clerk draws up an alphabetical list of the names of members who do not wish to be considered or who are ineligible by virtue of being ministers or party leaders. A member who has withdrawn may, before the deadline, recall the letter of withdrawal and allow their name to go forward.

    The rules providing for the Speaker’s election by secret ballot are silent on many aspects of the election process. They do not, for example, indicate whether the Clerk may be assisted in the counting and destruction of ballots or whether the sitting should be suspended while this process is under way. In 1986, when preparations began for the first secret ballot election, matters not covered by the written rules were settled by the Clerk in consultation with the House leaders; these have since become part of the practice associated with an election of the Speaker.

    The chamber is set up somewhat differently when a Speaker is to be elected. The table is cleared of its usual objects, and while the Clerk’s chair remains at its head, the chairs of the other table officers are removed. A ballot box is placed on a stand at the foot of the table and portable voting booths are placed on either side of the table. While the election proceeds, the mace rests under the table as no Speaker is in the chair.

    7.29

    When the election of a Speaker takes place at the beginning of a Parliament, it is presided over by the so-called “dean of the House”, the member with the longest unbroken record of service who is neither a minister nor the holder of any office within the House. After the return of the House from the Senate chamber, the Clerk invites the dean of the House to take the chair as the member presiding. The member presiding is vested with all the powers of the Chair and votes in the election; however, they do not cast an additional ballot in the event of a tie. During the election of a Speaker, debate is not permitted, motions are not accepted and the member presiding may not entertain any question of privilege.

    Before the balloting begins, the member presiding explains that the list of members who do not wish to be considered for election to the office of Speaker or who are ineligible, as well as the list of the members appearing on the ballot, was distributed to all members the day before the election. They also inform the House that these lists are available at the table. The member presiding reads out, in alphabetical order, the names of the members appearing on the ballot and then invites any members who wish to withdraw their names to inform the House accordingly. Members appearing on the ballot are permitted to make brief introductory speeches of no more than five minutes to the House. Following the speeches, the House suspends its proceedings for 30 minutes before the election is held. Members cannot vote electronically in the election of the Speaker.

    The voting begins with an invitation from the member presiding to those who wish to cast their ballots to leave their desks, proceed along the corridors behind the curtains in the direction of the chair and come to the table through the doorways at the left and right of the chair, according to whether the members sit on the Speaker’s left or right. At these doorways, members have their names recorded and are issued ballot papers by table officers assisting the Clerk. Listed on the ballot paper in alphabetical order are the names of all the members wishing to be considered for the Speakership. Once provided with a ballot paper, members then proceed to the voting booth on the appropriate side of the table. Each member votes by ranking the candidates in order of preference, marking the number “1” in the space adjacent to the name of the candidate who is their first preference, the number “2” in the space adjacent to the name of the candidate who is their second preference and so on. Members are not required to rank all the candidates and may vote for only one candidate, if they so choose. The member then deposits the ballot paper in the ballot box and leaves the area around the table in order to ensure the confidentiality of the vote for other members.

    7.30

    When the member presiding is satisfied that all members wishing to vote have done so, the Clerk withdraws from the chamber to count the ballots, with the assistance of other table officers, in a nearby room. The Sergeant-at-Arms carries the ballot box and pauses by the chair while the member presiding deposits their ballot. The member presiding then signifies that the proceedings are suspended while the counting of the ballots takes place.

    The ballots are counted in secret. The Clerk counts the number of first preferences recorded on the ballots. If a candidate receives a majority of first preferences, this concludes the counting of the ballots and the Clerk provides the member presiding with the name of that candidate. If no candidate receives an absolute majority of first preferences, the candidate (or candidates) with the least number of first preferences is (are) eliminated, and the ballots are then reallocated. In all subsequent counts, ballots belonging to the candidate with the lowest number of first preferences are reallocated to other candidates based on their subsequent preference; that is, the Clerk treats the second or lower preference on the ballot as if it were the first preference for the next highest candidate in the order of preference who is not eliminated. This process continues until a candidate receives an absolute majority of votes. The Standing Orders provide that each ballot is considered in every count, unless it is exhausted. A ballot is exhausted when all the candidates indicated as a preference on that ballot are eliminated.

    In the case of a tie between two or more candidates, the Clerk prepares new ballot papers listing those candidates’ names in alphabetical order, and the members vote in the same way as for the first ballot. If necessary, the House may continue to sit beyond its usual adjournment time until a Speaker is declared elected.

    Once there is a successful candidate, the bells are rung for a few minutes to call the House to order and the Clerk re-enters the chamber. The Clerk passes the name of the successful candidate to the member presiding, who then announces it from the chair. Pursuant to the Standing Orders, the Clerk shall not divulge in any way the number of preferences marked for any candidate, and once the Speaker is declared elected, the ballots and all related records of the vote are destroyed.

    7.31

    After announcing the name of the successful candidate from the chair, the member presiding invites the Speaker-elect to take the chair. The member presiding steps down and the Speaker-elect is escorted to the dais by the Prime Minister and the Leader of the Opposition. It is customary for the Speaker-elect to make a pretence of reluctance while being escorted to the chair.

    Standing at the top of the steps, the first official act of every Speaker elected since Confederation has been to thank the House for the honour it has bestowed. The opening words follow a pattern established over time: “Honourable members, I beg to return my humble acknowledgements to the House for the great honour you have been pleased to confer upon me in choosing me to be your Speaker.”

    Speakers have typically included in their remarks a pledge to carry out their duties with firmness and impartiality, an acknowledgement of the great responsibilities of the office, a request to the House for its continued support and goodwill, and acknowledgements and commendations directed to predecessors, other candidates, constituents, family and fellow members. The Speaker then takes the chair. The voting booths and ballot box having been removed, the Sergeant-at-Arms takes the mace (a symbol of the authority of the House) from under the table, where it sits during the election, and places it on the table, signifying that, with the Speaker in the chair, the House is now properly constituted.

    Since the advent of secret ballot elections, a practice has developed whereby the party leaders rise to offer congratulations and good wishes, and to pledge their support once the newly elected Speaker has taken the chair and the mace has been laid on the table.

    7.32

    By the time the new Speaker has taken the chair and heard from any members wishing to offer congratulations, the House may have gone beyond its usual time of adjournment as set out in the Standing Orders; under these circumstances, the Speaker adjourns the House until the next sitting day. This occurred in 1986, when the House adjourned at 2:30 a.m. to reconvene later the same day for the opening of the session. However, the Speaker has usually been elected before the adjournment time. On some occasions, following the election, the sitting was suspended until the opening of Parliament later the same day. However, on other occasions, the House has adjourned to the following day at the time fixed for the opening of Parliament.

    At the time fixed for the formal opening of Parliament with a Speech from the Throne, the House receives the Usher of the Black Rod and goes in procession to the Senate chamber. At the bar of the Senate, the newly elected Speaker stands on a small platform, removes their three-cornered hat and receives an acknowledgement from the Governor General, who is seated on the throne. The Speaker addresses the Governor General with the traditional statement to claim the rights and privileges of the House. The Governor General then makes a traditional reply. A new Speaker always presents themselves to the Governor General; however, the claiming of privileges by the Speaker on behalf of the House takes place only at the opening of a Parliament and is not repeated in the event a new Speaker is elected before the end of a Parliament.

    Election of the Speaker During a Session

    7.33

    When a Speaker is to be elected during a session, the members assemble in the House at the usual time for the start of the sitting. The chair is taken either by the Speaker who has already indicated their intention to resign the office or, in the absence of the Speaker, by the Deputy Speaker and Chair of Committees of the Whole. Because the office of Speaker is now vacant, the mace is not on the table. The Prime Minister informs the members that the Governor General has given the House leave to elect a Speaker. The process for the election of a Speaker by secret ballot then begins. Once a successful candidate has been announced, the Speaker-elect is escorted to the dais and makes some brief remarks from the upper steps before taking the chair for the first time. The mace is then placed on the table and the sitting is suspended for a few minutes pending the arrival of the Usher of the Black Rod. Once summoned, the House proceeds to the Senate chamber, where the Speaker presents themselves and receives the Governor General’s acknowledgement in the traditional wording. Upon its return from the Senate, the House proceeds to the business of the sitting.

    Only four of the 40 Speakers to hold office since Confederation were elected during a session. The first two cases predate the rules providing for the election of the Speaker by secret ballot. The last two cases followed the resignation of Speaker Rota in 2023.

    Election of the Speaker at the Opening of a Second or Later Session Within a Parliament

    7.34

    When the House is to proceed to the election of a Speaker immediately at the opening of the second or subsequent session within a Parliament, the House meets on the date fixed by proclamation for the opening of the session. For the election of the Speaker, the chair is taken either by the Speaker who has already indicated their intention to resign the office or by the Deputy Speaker and Chair of Committees of the Whole, and the mace is not on the table. The Prime Minister is recognized and signifies the consent of the Governor General to proceed to the election of a new Speaker. The House then goes through the usual proceedings for the election of a Speaker. The Speaker-elect is escorted to the dais, where they make the usual remarks and acknowledgements and take the chair for the first time. The mace is then placed on the table. The sitting is normally adjourned at this point or shortly thereafter, and the presentation of the Speaker to the Governor General and the reading of the Speech from the Throne take place the following day. However, the House has, in the past, conducted some business after the Speaker was elected and before the sitting was adjourned.

    The election of a Speaker on the opening day of the second or subsequent session of a Parliament has occurred six times since 1867. Each time the vacancy in the Speakership arose through resignation.

    Campaigning for the Speakership

    7.35

    The Standing Orders governing the election of the Speaker contain no provision for a nomination process and are silent on the matter of campaigning for the office. The special committee which recommended the secret ballot process sought to give control of the choice of Speaker to the House and its members (away from what it called the “exclusive control” of the Prime Minister), noting that the Speaker belongs neither to the government nor to the opposition, but to the House. Speaker Bosley, appearing before the committee in 1985, expressed reservations about the success of a secret ballot system should political-style campaigning be resorted to.

    However, members have noted the difficulty faced by those newly elected to the House who are called upon to choose a Speaker with little time or opportunity to become informed about all the candidates. While the rules do not permit debate during the election process, an amendment to the Standing Orders in 2001 provided for candidates to make brief statements to the House.

    In each of the elections of the Speaker held under the secret ballot system since its inauguration in 1986, campaign activity has occurred but has taken place informally outside the chamber. For example, prior to the election of the Speaker in 1994, some of the parties in the House organized caucus meetings to which individual candidates were invited. Prior to the 1997 election of the Speaker, it was suggested that candidates should declare themselves and attend an all-party question and answer session organized by one of the opposition parties. Similarly, in 2001, all candidates’ meetings were held prior to the election of the Speaker. Prior to the election of the Speaker in 2008 and in 2011, some candidates hosted election-day receptions, where members were invited to gather between rounds of voting.

    Tenure

    7.36

    A Speaker is elected as the first item of business at the start of each Parliament and presides over the House for the life of the Parliament. When Parliament is dissolved, the Speaker is deemed to remain in office for administrative purposes until a new election takes place. Should a vacancy in the Speakership occur during a Parliament, another Speaker must be elected forthwith; no other business can come before the House until a new Speaker has been chosen.

    7.37

    Vacancies in the Speakership have arisen in various ways. For example, Speaker Edgar is the only Speaker to have died while in office. In some cases, Speakers have declared their intention to resign the office in order to accept another position that required them to vacate their seats in the House, and thus the Speakership. For example, Speaker Brodeur and Speaker Sévigny were appointed to cabinet, and Speaker Sproule was appointed to the Senate. Speaker Sauvé resigned after she was designated to become Governor General of Canada.

    Some Speakers have resigned for personal reasons, such as Speaker Black and Speaker Bosley, while others have resigned after their actions as Speaker were questioned, such as Speaker Anglin and Speaker Rota.

    7.38

    A vacancy in the Speakership may also occur if the House were to take action to remove a Speaker from office. There are however few examples in Canada of the resignation of a Speaker as a result of a censure motion. In 1875, the House of Assembly of the Province of Nova Scotia adopted a motion to request that the Speaker resign and that a new Speaker be elected. The House then adjourned to the following day when, as the first item of business, the Speaker rose, tendered his resignation and left the chair.

    Although none have ever been adopted, censure motions have been moved in the House of Commons on a few occasions. On June 4, 1956, following the political controversy and procedural disputes during the consideration of the pipeline bill, the Leader of the Opposition moved a motion of censure against Speaker Beaudoin. The motion was defeated on June 8, but on June 29, after the bill had been passed by the House, the Leader of the Opposition rose on a question of privilege calling into question the Speaker’s impartiality. On July 2, at the opening of the sitting, the Speaker made a statement and placed his resignation before the House to take effect at the pleasure of the House. However, no resolution of the House was forthcoming and no objection was registered when the Speaker continued to fulfill his official duties. Speaker Beaudoin served for the balance of the 22nd Parliament.

    In March 2000, notice was given of a motion of censure imputing bias to the Speaker in respect of a ruling on a question of privilege. The ruling had been in response to allegations that privileged communications between members and the office of the legislative counsel had been inappropriately disclosed. Debate on the motion was twice circumvented by means of government motions to proceed immediately to the orders of the day. Consultations among the House leaders led ultimately to the withdrawal of the motion of censure and to the adoption, after debate, of a motion referring the issue of confidentiality to the Standing Committee on Procedure and House Affairs.

    On December 15, 2023, the House leader of the official opposition moved a motion that the House proceed to the election of a new Speaker, stating a lack of confidence in the incumbent, Speaker Fergus. A few days earlier, Speaker Fergus had apologized to the House for his participation in a video message shown during a convention of the Ontario Liberal Party. When the debate on the motion was interrupted, the order for resumption of the debate was transferred to the Order Paper under Government Business, where it remained until the end of the session.

    On May 27, 2024, in response to a question of privilege concerning promotional material used to advertise an event in Speaker Fergus’ constituency, the Deputy Speaker ruled the matter to be a prima facie breach of privilege. A motion requesting the office of the Speaker to be vacated was subsequently proposed and rejected the next day.

    Footnotes

    1. 1

      For the evolution of the role of the Speaker in the United Kingdom, see Marc Bosc and André Gagnon, “The Speaker and Other Presiding Officers of the House,” House of Commons Procedure and Practice, 3rd ed. (Ottawa: House of Commons; Montreal: Éditions Yvon Blais, 2017), pp. 312-3.

    2. 2

      For further information, see Appendix 2, “Speakers of the House of Commons Since 1867”.

    3. 3

      Speaker Jerome, a Liberal, elected to a second term to serve as Speaker during the Progressive Conservative minority government of Prime Minister Clark in 1979, was the first of only two Speakers to be elected from opposition parties. The second was Speaker Milliken, also a Liberal, who was elected to a third term in 2006, during the first Conservative minority government of Prime Minister Harper, and to a fourth term in 2008, during the second Harper minority government.

    4. 4

      Only one Speaker has chosen to sever all party affiliations and present himself as an independent candidate in general elections. Speaker Lamoureux resigned from the Liberal Party and, as an independent candidate, ran and won in the general elections of 1968 and 1972. In 1968, the Liberal Party and the Progressive Conservative Party refrained from nominating candidates to oppose him; the New Democratic Party had already nominated a candidate prior to his decision to run as an independent. In 1972, both the New Democratic Party and the Progressive Conservative Party ran candidates against him.

    5. 5

      Precedence (the right to precede others) in ceremonies and matters of protocol is governed by the table of precedence for Canada, which is maintained by the Department of Canadian Heritage and posted on the department’s website (Canadian Heritage, “Table of Precedence for Canada,” last modified January 9, 2025, https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special-event/table-precedence-canada.html). The Speaker of the House of Commons is conferred the title of “Honourable” while in office (Canadian Heritage, “Table of titles to be used in Canada,” last modified January 9, 2025, https://www.canada.ca/en/canadian-heritage/services/protocol-guidelines-special-event/table-titles-canada.html). After a Speaker has ceased to hold office, they usually become a member of the Privy Council, if not already one, and are eligible to retain the title of “Honourable”. For example, Speaker Rota received his commission from the Governor General, summoning him to the Privy Council, on December 18, 2024 (Privy Council Office, “King’s Privy Council for Canada,” last modified May 22, 2025, https://www.canada.ca/en/privy-council/services/king-privy-council-canada.html). The Deputy Speaker and Assistant Deputy Speakers are not styled “Honourable”.

    6. 6

      Instrument of advice approved on December 19, 1968 (Debates, December 20, 1968, pp. 4210-1).

    7. 7

      For further information about the salaries of cabinet ministers, see Salaries Act, RSC 1985, c S-3, s 4.1 as it appeared on September 13, 2024. For more information about the Speaker’s salary, see Parliament of Canada Act, RSC 1985, c P-1, s 62.1 as it appeared on September 13, 2024 [Parliament of Canada Act].

    8. 8

      Journals, June 11, 1965, p. 224.

    9. 9

      Standing Order 4 was amended when the House concurred in the 21st Report of the Standing Committee on Procedure and House Affairs (Journals, June 17, 2015, pp. 2810-1).

    10. 10

      Standing Orders 7 and 8. Corresponding motions for appointment are not subject to debate or amendment.

    11. 11

      (UK), 30 & 31 Vict, c 3, ss 44-7 and 49, reprinted in RSC 1985, Appendix II, No 5 as it appeared on September 13, 2024 [Constitution Act, 1867].

    12. 12

      Supra note 7, ss 13(1), 23(2), 25(1), 28, 50-3, 60, 70(2) and (3) and 74.

    13. 13

      Ibid., ss 42-4.

    14. 14

      Ibid., s 53.

    15. 15

      RSC 1985, c E-3, ss 6, 21 and 22 as it appeared on September 13, 2024 [Electoral Boundaries Readjustment Act]. For further information on readjustment of electoral boundaries, see section 4.4.

    16. 16

      For further information, see section 10.19.

    17. 17

      For further information, see section 15.32.

    18. 18

      See, for example, Standing Orders 9 to 14 and 19. For examples of administrative responsibilities set out in the Standing Orders, see Standing Orders 17(c), 107, 121, 148 and 151 to 159.

    19. 19

      Josef Redlich, The Procedure of the House of Commons: A Study of its History and Present Form, vol. II, transl. Alfred Ernest Steinthal (1908; repr., New York: AMS, 1969), pp. 143-4.

    20. 20

      Ibid., pp. 149-50. See also Speaker Fraser’s ruling (Debates, April 14, 1987, pp. 5119-24).

    21. 21

      See, for example, Debates, October 25, 1995, pp. 15812-3; February 25, 2003, pp. 3986-7; April 27, 2010, pp. 2039-45; June 12, 2014, pp. 6717-9; November 6, 2018; pp. 23304-6. For example, a note included with Standing Order 16 gives the Speaker some discretion in how to interpret the Standing Orders to allow for the remote participation of members while maintaining order and decorum.

    22. 22

      For the definition of parliamentary privilege, see section 3.4.

    23. 23

      See, for example, Debates of the Senate, November 23, 2021, p. 11.

    24. 24

      Sir John George Bourinot, Parliamentary Procedure and Practice in the Dominion of Canada, 4th ed., ed. Thomas Barnard Flint (Toronto: Canada Law Book, 1916), pp. 49-50. For example, at the beginning of the 44th Parliament, Speaker Rota claimed the rights and privileges on behalf of the House (Journals, November 23, 2021, p. 13). However, Speaker Fergus, who was elected midway through that Parliament, did not claim the rights and privileges when he presented himself to the Governor General in the Senate chamber (Journals, October 3, 2023, p. 2646).

    25. 25

      The First Report of the Special Committee on the Rights and Immunities of Members, para 3, presented to the House on April 29, 1977, described the freedom of speech accorded to members of Parliament as, “… a fundamental right without which they would be hampered in the performance of their duties. It permits them to speak in the House without inhibition, to refer to any matter or express any opinion as they see fit, and to say what they feel needs to be said in the furtherance of the national interest and the aspirations of their constituents.” (Journals, pp. 720-9).

    26. 26

      For further information, see sections 13.46 to 13.50.

    27. 27

      Speaker Fraser observed that there can be no freedom of speech without order in the House (Debates, March 24, 1993, pp. 17486-8).

    28. 28

      Prima facie means “at first sight” or “on the face of it”. Maingot offers the following definition: “A prima facie case of privilege in the parliamentary sense is one where the evidence on its face as outlined by the Member is sufficiently strong for the House to be asked to debate the matter and to send it to a committee to investigate whether the privileges of the House have been breached or a contempt has occurred and report to the House” (John Patrick Joseph Maingot, Parliamentary Privilege in Canada, 2nd ed. (Montreal: House of Commons and McGill-Queen’s University Press, 1997), p. 221).

    29. 29

      Ibid., p. 220.

    30. 30

      Standing Order 48(1). For further information on the role of the Speaker in deciding on a question of privilege, see section 3.92.

    31. 31

      Standing Order 10.

    32. 32

      See, for example, Debates, April 26, 2023, p. 13479; June 12, 2023, p. 15801; June 12, 2024, pp. 24821-2. In some instances, the Chair will make a ruling and return later in the sitting to provide more detailed information. See, for example, Debates, December 3, 2024, pp. 28476, 28480-1.

    33. 33

      Standing Order 19. See, for example, Debates, March 26, 2013, p. 15191; March 31, 2015, p. 12576; April 29, 2024, pp. 22649-51.

    34. 34

      See, for example, Debates, June 4, 2021, pp. 7955-7; June 7, 2021, pp. 7999-8001; May 2, 2023, p. 13824; May 8, 2023, pp. 14103-5.

    35. 35

      See, for example, Journals, March 28, 1916, pp. 201-2; June 1, 1956, pp. 678-9; Debates, May 13, 1999, pp. 15108-9; February 14, 2001, p. 700; November 14, 2011, p. 2997; December 12, 2012, pp. 13223-5. In one instance, the Deputy Speaker made a ruling and the Speaker returned a few days later to provide further information (Debates, March 22, 2023, pp. 12476-7; March 28, 2023, p. 12756).

    36. 36

      See, for example, statements on the selection process for report stage motions (Debates, March 21, 2001, pp. 1991-3), proceedings during question period (Debates, September 24, 2014, p. 7771), remote participation (Debates, November 26, 2021, p. 233), the use of headsets for members participating remotely (Debates, March 7, 2023, pp. 12050-1) and decorum in the House (Debates, October 18, 2023, pp. 17583-5).

    37. 37

      Standing Order 11(2).

    38. 38

      See, for example, Debates, September 26, 1996, p. 4715; June 22, 2006, p. 2817; June 8, 2015, p. 14744; October 28, 2022, p. 9020.

    39. 39

      See, for example, Debates, December 10, 2012, p. 13077; June 8, 2015, p. 14733; February 21, 2019, p. 25621; March 30, 2023, p. 12837.

    40. 40

      See, for example, Debates, October 19, 2012, p. 11231; February 17, 2015, p. 11313; May 3, 2022, p. 4705; June 13, 2023, p. 15887; December 11, 2023, p. 19845; November 28, 2024, p. 28254.

    41. 41

      See, for example, Debates, October 31, 2014, pp. 9060-2; September 25, 2024, pp. 25828-9.

    42. 42

      On several occasions, members who refused to withdraw remarks deemed unparliamentary or apologize were denied the right to speak for several weeks. For instance, Jim Fulton (Skeena) was not recognized for three weeks before apologizing (Debates, October 29, 1987, pp. 10542-3; October 30, 1987, pp. 10583-4; November 18, 1987, pp. 10927-8), Mark Strahl (Chilliwack—Hope) did not apologize for seven weeks and was not recognized (Debates, May 4, 2023, p. 14022; June 21, 2023, p. 16407) and Yvan Baker (Etobicoke Centre) was not recognized for several months (Debates, March 20, 2024, pp. 21799-800; October 8, 2024, p. 26390). See also ruling by Speaker Rota (Debates, May 8, 2023, p. 14088). For more information, see section 13.65.

    43. 43

      For example, in some instances, chair occupants have removed questions from a party during question period (Debates, March 31, 2023, pp. 12930-1; September 26, 2024, pp. 25909-10, 25915).

    44. 44

      On one occasion, the Deputy Speaker responded to disruptive behaviour during a recorded division by warning that he was quite prepared to strike from the record the votes of any offending member (Debates, March 30, 2000, p. 5443). On another occasion, the Deputy Speaker reminded members not to speak until they had been recognized, or “they will wait for a very long time to be recognized” (Debates, March 29, 2012, p. 6661). A member was denied the right to speak for repeatedly breaking the rule of relevance (Debates, October 31, 2014, pp. 9060-2). A question was taken away from a party when its leader repeatedly referred to the absence of a member in the House (Debates, March 31, 2023, pp. 12930-1). Another member was asked to apologize for interrupting the Speaker (Debates, May 11, 2023, p. 14365).

    45. 45

      Standing Order 11(1).

    46. 46

      Standing Order 11(1)(a). See, for example, Journals, December 6, 2002, p. 272; November 30, 2017, p. 2472; April 30, 2024, p. 3845. The member would also not be permitted to participate remotely in the sitting or vote electronically. However, this sanction would not extend to participation in committee meetings. For further information on naming, see section 13.66.

    47. 47

      Standing Order 11(2). See, for example, Debates, March 16, 1962, pp. 1888-90; Journals, June 17, 2020, p. 481, Debates, pp. 2489-91.

    48. 48

      Parliament of Canada Act, supra note 7, s 44. For an example of a member being named by the Deputy Speaker, see Debates, December 6, 2023, p. 19536. On one occasion, after ruling on repeated points of order during a committee of the whole, the Deputy Chair asked a member to leave the chamber, and the member complied (Debates, December 1, 2021, pp. 491-3).

    49. 49

      Standing Order 14. See, for example, Debates, September 28, 2016, p. 5236.

    50. 50

      See, for example, Debates, May 11, 1970, p. 6796. On this occasion, the Speaker ordered the galleries cleared and then obtained the agreement of the House to suspend the sitting, which resumed 34 minutes later. On another occasion, by order of the Speaker, the galleries were entirely cleared and reopened to the public within 10 minutes (Debates, November 28, 1989, pp. 6339, 6342-3). In other cases when a disturbance arises, the security staff proceed to remove the individual responsible and there is little or no disruption of the sitting. See, for example, Debates, March 23, 2015, p. 12138; May 17, 2023, p. 14707. Following some of these incidents, points of order or questions of privilege were raised alleging that certain members had prior knowledge of planned disturbances in the galleries and did not act to prevent them; in each case, the member denied involvement and the Speaker declared the matter closed (Debates, April 27, 1990, p. 10760; November 5, 2009, pp. 6690-1; December 6, 2011, p. 4089). For further information, see section 3.71.

    51. 51

      See, for example, Debates, November 17, 1992, p. 13501; June 14, 2010, p. 3822; November 28, 2011, p. 3631.

    52. 52

      For further information, see section 9.24.

    53. 53

      Standing Order 14. In 1990, a member attempted to move the motion but was ruled out of order on the grounds that the motion cannot be moved by a member who has been given the floor on a point of order (Debates, April 4, 1990, pp. 10186-7).

    54. 54

      The Parliamentary Protective Service is responsible for preserving order and decorum in the galleries and other parts of the House and for removing strangers who misconduct themselves. For further information, see section 6.21.

    55. 55

      Standing Order 10. From Confederation until 1965, it was possible for any member who disagreed with a Speaker’s decision on a question of order to appeal it immediately to the House. For more historical information on this subject, see Bosc and Gagnon, “The Speaker and Other Presiding Officers of the House,” 3rd ed., pp. 321-2.

    56. 56

      See, for example, Debates, February 2, 1999, p. 11292; March 27, 2001, pp. 2311-2; May 5, 2015, pp. 13469-70. In some instances, Speakers will remind members that decisions by chair occupants are not subject to appeal (see Debates, June 21, 2023, pp. 16412-3). On one occasion, a question of privilege was raised seeking to reverse a change made by the editors of the Debates of the House. Speaker Fergus ruled that no question of privilege existed and that the change would not be made to the Debates (Debates, June 6, 2024, pp. 24527-8; June 17, 2024, pp. 25033-4). The member who initially raised the matter subsequently gave notice of a Routine Proceedings motion to modify the text of the Debates (Order Paper and Notice Paper, June 19, 2024, p. III). The motion was ruled out of order on the grounds that it constituted a challenge to the Speaker’s ruling (Debates, October 7, 2024, p. 26319).

    57. 57

      On a few occasions, Speaker Fergus recused himself from ruling on a question of privilege in order to ensure the impartiality of the Chair (Debates, October 16, 2023, p. 17401; December 4, 2023, p. 19351; April 9, 2024, p. 22116). In one instance, the Standing Committee on Procedure and House Affairs studied the role of impartiality in the actions of the Speaker. Its conclusions were contained in its 55th Report, which was presented to the House on December 14, 2023 (Journals, p. 3281), and concurred in on January 30, 2024 (Journals, pp. 3358-62).

    58. 58

      See, for example, Debates, April 28, 2003, p. 5483; September 23, 2014, p. 7719; September 24, 2014, p. 7771; May 28, 2019, pp. 28193-4; June 7, 2021, pp. 7999-8002; June 21, 2023, pp. 16412-3.

    59. 59

      In a June 11, 2024, ruling on the actions of another chair occupant, Speaker Fergus cautioned members against bringing the different chair occupants into debate, stating it would have a corrosive effect on their ability to effectively preside over the proceedings of the House. He went on to beseech all members “to think twice before using the chair occupants as a sort of political football to settle scores or to criticize their political opponents” (Debates, pp. 24717-8).

    60. 60

      Such a motion must be put on notice and is debatable. Once the notice period has elapsed, it is placed on the Order Paper under the rubric Motions during Routine Proceedings (Debates, May 28, 1956, pp. 4365-6). In a ruling on June 11, 2024, Speaker Fergus stated, “Placing a substantive motion on notice, as was described by Speaker Beaudoin, therefore remains the usual course of action. As imperfect as this mechanism may seem to some, members unsatisfied with the conduct of one of the Chair occupants should take this very serious step. They should not be raising a question of privilege or commenting on their conduct in debate” (Debates, pp. 24717-8). Prior to this ruling, there were two notable exceptions when issues with the Speaker’s conduct were ruled prima facie breaches of privilege (Debates, December 5, 2023, pp. 19490-1; May 27, 2024, pp. 23813-4). In the first instance, the matter was referred to the Standing Committee on Procedure and House Affairs (Journals, December 6, 2023, pp. 3017-9, 3028) and culminated in its 55th Report, which was presented to the House on December 14, 2023 (Journals, p. 3281), and concurred in on January 30, 2024 (Journals, pp. 3358-62). In the second instance, a motion requesting the office of the Speaker to be vacated was moved and rejected the next day (Journals, May 27, 2024, p. 3998; May 28, 2024, pp. 4027-9).

    61. 61

      On June 4, 1956, the Leader of the Opposition moved a motion of censure against the Speaker for his actions and rulings of June 1. The motion was defeated on June 8, 1956 (Debates, June 1, 1956, pp. 4537-40; Journals, June 4, 1956, pp. 692-3; June 8, 1956, pp. 725-6). On March 13, 2000, the leader of the Bloc Québécois gave notice of a motion of non-confidence in Speaker Parent for a ruling on a question of privilege raised by another member and for rejecting a point of order raised by a third member, both in connection with alleged breaches of the confidentiality of the work of the office of the legislative counsel. The motion was subsequently withdrawn pursuant to an agreement to refer the matter to the Standing Committee on Procedure and House Affairs (Debates, March 13, 2000, p. 4397). On December 15, 2023, the House leader of the official opposition moved a motion of non-confidence in Speaker Fergus (Journals, pp. 3290-1). When the debate on the motion was interrupted, it was transferred to Government Business on the Order Paper (Debates, December 15, 2023, pp. 20169-70) and not taken up again.

    62. 62

      On March 18, 1964, a member introduced a motion of non-confidence in Deputy Speaker Lamoureux, alleging that he had violated the Standing Orders and deprived certain members of their rights and privileges by allowing the Prime Minister to move a motion without notice. The motion was put to a vote on March 19, 1964, and was negatived (Debates, March 13, 1964, pp. 910-26; Journals, March 18, 1964, pp. 103-4; March 19, 1964, pp. 106-7). On May 4, 1992, a member gave notice of a motion of non-confidence (under the heading Motions and printed in the Order Paper and Notice Paper of May 4, 1992) in the Deputy Chairman of Committees of the Whole and Acting Speaker (Steve Paproski) for not allowing, on April 30, 1992, full time for debate on a bill. The debate gave rise to a question of privilege on May 1, 1992. The Speaker found that there was “no prima facie case of privilege in this matter” (Debates, April 30, 1992, p.  9945; May 1, 1992, pp. 9963-72, 9990-1). On February 12, 1993, at the request of the member who had sponsored it, the motion of non-confidence was withdrawn (Debates, p. 15851).

    63. 63

      These allegations were found in newspaper editorials or articles. In 1894, a newspaper editorial was found to contain libellous reflections on the Speaker and was declared by the House to be a contempt of its privileges (Journals, April 25, 1894, pp. 108-9). On another occasion in 1976, an editorial was declared a gross breach of the House’s privileges (Journals, December 22, 1976, p. 270). In 1998, a member rose on a question of privilege, alleging that statements attributed to other members in a newspaper article concerning an upcoming ruling of the Chair constituted an attempt to intimidate the Speaker and the House itself. The Speaker found a prima facie case and the matter was subsequently referred to a committee. The committee investigated and concluded that the statements attributed to the members “were not intended to be contemptuous of the House of Commons or the Speaker” and that “they did not bring into question the integrity of the House of Commons and its servant, the Speaker” (Debates, March 9, 1998, pp. 4560-75; March 10, 1998, pp. 4592-8, 4666-8). See also 29th Report of the Standing Committee on Procedure and House Affairs, presented to the House on April 27, 1998 (Journals, p. 706), and concurred in on May 5, 1998 (Journals, pp. 744-5).

    64. 64

      In 1981, a minister complained that remarks directed to Speaker Sauvé by the Leader of the Opposition constituted an attack on the former’s authority and impartiality. The following day, the minister rose on a question of privilege calling for the matter to be referred to the Standing Committee on Privileges and Elections. However, the Leader of the Opposition withdrew his remarks and the matter was taken no further (Debates, January 21, 1981, p. 6410; January 22, 1981, pp. 6455-7). In another incident in 1993, a question of privilege was raised concerning remarks made by a member about the impartiality of the Assistant Deputy Chairman of Committees of the Whole. When the member refused to withdraw the comments, the Speaker declared that they “affect[ed] the dignity of [the] House” and were “an attack against the integrity” of an officer of the House. He ruled the matter to be a prima facie case of privilege and it was referred to committee. Two days later, the member rose in the House and withdrew the remarks (Debates, March 16, 1993, p. 17027; March 23, 1993, pp. 17403-5; March 25, 1993, p. 17537).

    65. 65

      Generally speaking, the Speaker can participate in certain political activities, but should refrain from those that impair or appear to impair their ability to perform their duties in a politically impartial and non-partisan fashion. A definitive list of permitted and prohibited activities does not exist. Ultimately, only the House can judge the appropriateness of the Speaker’s conduct.

    66. 66

      Constitution Act, 1867, supra note 11, s 49; Standing Order 9.

    67. 67

      Speakers have occasionally brought constituency-related business before the House by arranging to have other members act as their agents. See, for example, Debates, February 16, 2005, p. 3573. At other times, Speakers have presented petitions by filing them with the Clerk of the House. See, for example, Journals, November 16, 2009, p. 1035; February 5, 2015, p. 2111.

    68. 68

      For example, Speaker Jerome chaired the Special Committee on the Rights and Immunities of Members (1976-77) and the Special Committee on TV and Radio Broadcasting of Proceedings of the House and its Committees (1977-78). Speaker Bosley appeared before the Special Committee on the Reform of the House of Commons on January 22, 1985; Speaker Fraser appeared before the Standing Committee on Elections, Privileges, Procedure and Private Members’ Business on November 29, 1989, and before the Special Committee on the Review of the Parliament of Canada Act on September 25, 1990; Speaker Rota chaired the Special Committee on the COVID-19 Pandemic (2020).

    69. 69

      Speaker Milliken appeared before the Standing Committee on Procedure and House Affairs to discuss changes to the Standing Orders and regarding new technologies and their impact on House and committee proceedings (Minutes of Proceedings, May 14, 2009, Meeting No. 14; April 20, 2010, Meeting No. 8). Speaker Regan provided an in camera briefing about the Parliamentary Protective Service and discussed a question of privilege (Minutes of Proceedings, November 29, 2016, Meeting No. 43; May 9, 2017, Meeting No. 57). Speaker Rota appeared before the committee four times in 2020 as part of its study of parliamentary duties and the COVID-19 pandemic (Minutes of Proceedings, April 21, 2020, Meeting No. 10; May 4, 2020, Meeting No. 14; June 2, 2020, Meeting No. 19; July 6, 2020, Meeting No. 27). He also appeared before it in 2022 to discuss hybrid proceedings (Minutes of Proceedings, October 4, 2022, Meeting No. 31). Speaker Fergus appeared as part of the committee’s review of the Members of the House of Commons Workplace Harassment and Violence Prevention Policy (Minutes of Proceedings, May 28, 2024, Meeting No. 115). Speakers also routinely appear before the committee in order to defend estimates. See, for example, Minutes of Proceedings, November 24, 2020, Meeting No. 12; May 16, 2023, Meeting No. 73. On one occasion, the Deputy Speaker appeared in place of the Speaker, who was absent due to illness (Minutes of Proceedings, April 28, 2022, Meeting No. 18).

    70. 70

      Constitution Act, 1867, supra note 11, s 49; Standing Order 9.

    71. 71

      An equality of voices is a rarity, having occurred on just 12 occasions in the House. See Appendix 16, “Casting Vote of the Speaker Since 1867”. An equality of voices has also happened on four occasions in a committee of the whole (Debates, June 20, 1904, col. 5164; April 15, 1920, p. 1265; June 23, 1922, p. 3473; March 26, 1928, p. 1681).

    72. 72

      For example, see the statements by Speaker Milliken on May 19, 2005 (Journals, pp. 783-4, Debates, pp. 6259-60) and October 8, 2009 (Journals, pp. 892-4, Debates, pp. 5725-6).

    73. 73

      No example exists of a tie vote on a motion to amend a bill. However, on September 16, 2003, Speaker Milliken used his casting vote to defeat an amendment to an opposition motion proposed during a supply day (Journals, pp. 972-3, Debates, pp. 7436-7).

    74. 74

      If adopted, the hoist amendment results in the rejection of the bill. For further information, see section 16.47.

    75. 75

      Debates, May 6, 1870, pp. 1405-6. In this case, no reasons were entered in the Journals.

    76. 76

      Debates, February 28, 1889, p. 368.

    77. 77

      See, for example, Journals, October 8, 2009, pp. 892-4; June 6, 2012, pp. 1450-2; May 16, 2016, pp. 453-5. On one occasion, the Speaker did not state any reason for his decision (Journals, May 26, 2020, pp. 455-6).

    78. 78

      Debates, March 11, 1930, pp. 502-3; March 12, 1930, p. 527; June 22, 2005, pp. 7645-6; June 23, 2005, pp. 7694-6; December 10, 2009, pp. 7936-7; March 4, 2010, p. 21. In 1930, the casting vote was not noted in the Journals (March 11, 1930, pp. 83-4). The disposition of the motion was not changed as it had in fact been defeated by one vote before the Speaker cast his vote with the “nays”. In 2005 and 2009, the disposition of the motion was reversed and the correction duly noted in the Journals (June 23, 2005, p. 976; December 10, 2009, pp. 1200-2).

    79. 79

      Journals, December 4, 1963, pp. 621-2.

    80. 80

      On two occasions, Speakers have decided, after consultations with party leaders, that the scheduled sitting would not take place. The first instance was on October 22, 2014, after an armed gunman opened fire in the Centre Block. The second instance was on February 18, 2022, while a police operation was ongoing on Wellington Street and other locations in downtown Ottawa.

    81. 81

      A quorum of 20 members, participating in person or remotely, including the Speaker, is required for the House to conduct business (Constitution Act, 1867, supra note 11, s 48; Standing Orders 15.1 and 29(1)). For further information, see section 9.3.

    82. 82

      Parliament of Canada Act, supra note 7, s 43(1); Standing Order 8. See, for example, Journals, June 2, 2023, p. 2237; June 16, 2023, p. 2461.

    83. 83

      Bourinot, Parliamentary Procedure and Practice, 4th ed., p. 334. See also Debates, May 20, 1986, p. 13443; May 5, 1994, p. 3925; April 23, 2013, pp. 15798-801. For further information, see section 13.3. Standing Order 17 states that, during most debates, members participating in person must be in their place in order to be recognized by the Speaker. However, that standing order also gives the Speaker the power to waive this requirement in order to ensure the health and safety of members.

    84. 84

      Standing Order 10. For further information, see section 7.5. On some occasions, the Speaker has recused themselves because the question of privilege was related to their own actions. In these instances, the Deputy Speaker was called upon to prepare and deliver a ruling. For more information, see section 7.7, note 57.

    85. 85

      Bourinot, Parliamentary Procedure and Practice, 4th ed., p. 178.

    86. 86

      Standing Order 10.

    87. 87

      Standing Order 1. For further information on the rule and practice pertaining to unprovided cases, see section 5.18. After Confederation, a rule was adopted conferring on the Speaker certain responsibilities in connection with motions coming before the House for consideration. This rule is now Standing Order 13. The Speaker has a responsibility to act in the event that they judge a motion to be “contrary to the rules and privileges of Parliament”. Although there have been attempts to persuade the Chair, it has never been invoked by the Speaker. See, for example, Debates, December 9, 1968, pp. 3639-43; Journals, December 10, 1968, pp. 511-3; July 24, 1969, pp. 1398-9; Debates, May 21, 2013, pp. 16689-94; May 22, 2013, pp. 16804-5.

    88. 88

      Standing Orders 76(5) and 76.1(5). The text of these rules includes guidelines for the Speaker on the selection of amendments. For further information, see section 16.104.

    89. 89

      For further information, see section 16.96.

    90. 90

      Standing Order 81(14)(b). For further information, see section 18.21.

    91. 91

      Standing Order 116(2). See also rulings by Speaker Rota (Debates, April 1, 2019, pp. 26495-6) and Speaker Fergus (Debates, February 5, 2024, pp. 20629-30; October 8, 2024, pp. 26409-10).

    92. 92

      Standing Order 69.1. For more information about omnibus bills, see section 16.11.

    93. 93

      Standing Order 94(1)(a).

    94. 94

      Standing Order 94(2)(a).

    95. 95

      Standing Order 86(4).

    96. 96

      Typically, this is done during Routine Proceedings under the rubric Tabling of Documents. See, for example, Journals, June 13, 2023, p. 2393. The Speaker has also tabled documents immediately prior to or following Statements by Members. See, for example, Journals, October 18, 2011, p. 344; December 9, 2021, pp. 182-3.

    97. 97

      See, for example, Journals, February 2, 2023, p. 1706.

    98. 98

      Standing Order 32(5).

    99. 99

      Standing Order 148(1). See, for example, Journals, December 5, 2022, p. 1562.

    100. 100

      Standing Order 148(1). The Standing Orders require the Speaker to table, within 10 days of the opening of a session, a report of the board’s proceedings for the previous session. In practice, the Minutes are tabled once approved. As such, the reporting of the board’s proceedings is much more frequent than the sessional requirement contained in the standing order. During the 41st Parliament, the board instituted a practice of publishing its Minutes on the House of Commons website shortly after they were tabled in the House (Canada, House of Commons, “Board of Internal Economy Meetings,” accessed August 26, 2023, https://www.ourcommons.ca/boie/en/meetings).

    101. 101

      Standing Order 148(1). See, for example, Journals, June 19, 2023, p. 2486.

    102. 102

      Supra note 7, s 52.5(2) and (3). See, for example, Journals, November 14, 2022, p. 1452.

    103. 103

      Standing Order 28(2)(b). See, for example, Journals, June 13, 2024, p. 4179.

    104. 104

      They are the Auditor General, the Chief Electoral Officer, the Commissioner of Lobbying, the Commissioner of Official Languages, the Conflict of Interest and Ethics Commissioner, the Information Commissioner, the Parliamentary Budget Officer, the Privacy Commissioner and the Public Sector Integrity Commissioner.

    105. 105

      See, for example, Auditor General Act, RSC 1985, c A-17, ss 7(3), 7(5), 8(2) and 19(2) as it appeared on September 13, 2024; Canada Elections Act, SC 2000, c 9, s 534 as it appeared on September 13, 2024 [Canada Elections Act]; Official Languages Act, RSC 1985, c 31 (4th Supp), ss 65(3), 66, 67(1) and 69(1) as it appeared on September 13, 2024; Access to Information Act, RSC 1985, c A-1, ss 38, 39(1) and 40 as it appeared on September 13, 2024; Privacy Act, RSC 1985, c P-21, ss 38, 39(1) and 40(1) as it appeared on September 13, 2024; Canadian Human Rights Act, RSC 1985, c H-6, s 61 as it appeared on September 13, 2024.

    106. 106

      Standing Order 34(1). See, for example, Journals, March 28, 2023, p. 1907; September 23, 2024, pp. 4399-4400.

    107. 107

      Electoral Boundaries Readjustment Act, supra note 15, ss 20.1(1)(a) and 21. See, for example, Journals, February 8, 2023, pp. 1736-7. The legislation provides an alternative course for the Speaker, should a report arrive during an intersession. For further information on the role of the House of Commons in the readjustment of electoral boundaries process, see section 4.7.

    108. 108

      Canada Elections Act, supra note 105, ss 531(3) and (4), 532(3) and (4). See, for example, Journals, October 25, 2012, p. 2201. For further information on contested elections, see sections 4.27 to 4.29.

    109. 109

      Standing Order 52(4). For further information on emergency debates, see sections 15.14 to 15.17.

    110. 110

      Standing Order 52(9). For example, an application was made on September 25, 2017. The Speaker granted it and ruled that the debate would take place on September 26 at the ordinary hour of daily adjournment (Journals, September 25, 2017, p. 2152). Sometimes the Speaker will receive two applications on the same day and direct that one take place that day and the second one on the following day (see, for example, Journals, May 5, 2021, p. 900).

    111. 111

      Standing Order 52(12).

    112. 112

      Standing Order 52(15).

    113. 113

      Standing Order 28(3). See, for example, Journals, September 15, 2022, p. 1125. For further information on the recall of the House, see sections 8.20 and 8.21.

    114. 114

      On one occasion, the government withdrew its request unilaterally. In July 1987, the government House leader wrote to the Speaker requesting a recall of the House in order to expedite the passage of bills through the Senate. The Speaker recommended that the government pursue discussions with the Senate before recalling the House (“MPs’ recall put on hold until talks with Senate,” Toronto Star (July 5, 1987): p. A-1). The government House leader agreed and withdrew the request. On another occasion, after receiving a request from all the recognized parties in the House, the Speaker issued a formal statement cancelling an earlier notice for recall. The original notice for recall was given on June 26, 1992, for the House to meet on July 15, 1992; the notice of cancellation was issued on July 11 and tabled when the House met on September 8, at which time the Speaker made a statement to the House (Journals, September 8, 1992, p. 1924, Debates, p. 12709).

    115. 115

      Standing Order 55(1). See, for example, Journals, July 20, 2020, p. 497. For further information on the publication of a special Order Paper, see section 24.19.

    116. 116

      Standing Orders 112 and 113. For further information on legislative committees, see section 20.7.

    117. 117

      Standing Order 112.

    118. 118

      Standing Order 113(2). See, for example, Journals, October 27, 2011, p. 392. On one occasion, the Speaker was relieved of this duty when the Chair of a legislative committee was designated in the motion to appoint the committee (Journals, October 26, 2007, p. 69).

    119. 119

      Standing Order 100(2). The Standing Orders also allow the committee of the whole to be presided over from the Speaker’s chair.

    120. 120

      Standing Order 146(1). For further information, see section 23.16.

    121. 121

      Standing Order 146(4).

    122. 122

      For further information, see sections 6.34 and 6.36.

    123. 123

      Maingot, Parliamentary Privilege, 2nd ed., pp. 183-5. For further information, see section 3.25.

    124. 124

      Supra note 7, s 52.3. For further information on the Board of Internal Economy, see sections 6.35 to 6.38.

    125. 125

      The Clerk of the House serves as secretary to the Board of Internal Economy, as provided for in the Parliament of Canada Act, supra note 7, s 51. For further information on the role of the Clerk, see sections 6.42 and 6.43.

    126. 126

      Standing Order 151.

    127. 127

      An incident in 1998 illustrates the authority of the Speaker over access to the precinct. On February 26, 1998, a member’s employee, carrying a large flag, accosted a member in the House of Commons foyer, and security staff intervened. The Speaker investigated the incident and the employee in question was required, for a minimum period of one year, to confine their activity in the Centre Block to the public entrance and the party offices on one floor of the building.

    128. 128

      The Parliamentary Protective Service is a unified security service under the joint responsibility of the Speakers of the House of Commons and the Senate and the operational command of its director, who is a member of the Royal Canadian Mounted Police. The Parliamentary Protective Service leads physical security throughout the parliamentary precinct and Parliament Hill, while respecting the privileges, immunities and powers of the House of Commons and the Senate (Parliament of Canada Act, supra note 7, ss 79.51-79.58).

    129. 129

      See, for example, Second Report of the Standing Committee on Privileges and Elections, presented to the House on September 21, 1973 (Journals, p. 567). For further information, see section 3.32.

    130. 130

      Journals, November 27, 2007, p. 219, Debates, p. 1420.

    131. 131

      A question of privilege arose in 2006 with regard to control over the lowering of flags to half-mast within the parliamentary precinct. The Speaker noted in his ruling that the authority of the Speaker applies to the internal affairs of the House and is exercised only as necessary to enable members to perform their parliamentary work without obstruction or interference. He concluded that the position of the flag is an external matter under the jurisdiction of the owner of the building (Debates, May 10, 2006, pp. 1188-9).

    132. 132

      National Capital Act, RSC 1985, c N-4, s 10(1) as it appeared on September 13, 2024.

    133. 133

      Ibid., s 10(2)(d).

    134. 134

      See, for example, Debates, May 12, 2015, pp. 13759-60; April 6, 2017, pp. 10245-7.

    135. 135

      An example would be messages to the House from the Senate. See, for example, Debates, June 16, 2022, p. 6824. For examples of the Speaker conveying resolutions from other legislatures, see Debates, May 9, 1980, p. 884; December 17, 1986, p. 2205.

    136. 136

      In the absence of the Speaker, the presiding officer for the sitting takes the Speaker’s place in the parade. On one occasion, a member who was not a presiding officer, Mauril Bélanger (Ottawa—Vanier), took the place of the Speaker in the parade after he had been designated as honorary chair occupant for one day by a special order of the House (Journals, December 9, 2015, p. 33; March 9, 2016, p. 241). For further information on the Speaker’s parade, see section 9.1.

    137. 137

      For further information on the opening of a Parliament or a session, see section 8.2. For further information on the royal assent ceremony, see section 16.124.

    138. 138

      For further information, see section 15.11.

    139. 139

      For more information about interparliamentary associations and groups, see Parliament of Canada, “Home – Diplomacy – Parliament of Canada,” accessed August 16, 2023, https://www.parl.ca/diplomacy/en.

    140. 140

      The Joint Interparliamentary Council is presided over by co-chairs from the two Houses. For more information, see Parliament of Canada, “Joint Interparliamentary Council (ICCI),” accessed October 25, 2023, https://www.parl.ca/diplomacy/en/icci.

    141. 141

      Other members who have attempted to direct the attention of the House to the presence of visitors in the galleries have been ruled out of order. See, for example, Debates, March 21, 2001, p. 1985; March 3, 2022, pp. 3170-1; February 16, 2023, p. 11860. See also the Speaker’s remarks (Debates, October 30, 2002, p. 1081; September 30, 2011, p. 1704).

    142. 142

      For examples of recognitions following question period, see Debates, June 2, 2015, p. 14486; February 1, 2023, p. 11096; May 4, 2023, p. 14026; May 10, 2023, p. 14296. For an example of a recognition prior to question period, see Debates, November 6, 2017, p. 14997. For an example of a recognition prior to Statements by Members, see Debates, December 10, 2009, p. 7901. On one occasion, guests in the galleries were recognized during question period (Debates, June 3, 1992, p. 11294).

    143. 143

      On one occasion, however, a group of World War II veterans seated in the diplomatic gallery was recognized by the Speaker (Debates, June 6, 1994, p. 4858). On other occasions, the Speaker has recognized distinguished visitors seated in the south gallery, formerly known as the ladies’ gallery. See for example, Debates, February 7, 2017, p. 8582.

    144. 144

      From time to time, the House sits as a committee of the whole and distinguished visitors are brought onto the floor of the House for ceremonies to mark significant events. See, for example, recognitions of Canada’s Olympic and Paralympic athletes (Journals, April 22, 1998, p. 691; May 9, 2018, p. 3225; December 4, 2024, p. 4797); a statement by First Nations representatives after the apology to former students of Indian residential schools (Journals, June 11, 2008, p. 963); recognition of the 100th anniversary of the Grey Cup (Journals, October 24, 2012, p. 2197); recognition of the actions of House of Commons security personnel during the shooting of October 22, 2014 (Journals, December 11, 2014, p. 1962); and recognition of the 50th anniversary of the 1972 Summit Series (Journals, September 22, 2022, p. 1192).

    145. 145

      For further information on joint addresses to Parliament, see sections 9.25 and 9.26.

    146. 146

      Constitution Act, 1867, supra note 11, s 44.

    147. 147

      Ibid., s 45.

    148. 148

      Standing Order 2(1) and (2).

    149. 149

      Of the 40 Speakers who have served the House since Confederation, 31 were first elected at the opening of a Parliament; another two (Edgar Nelson Rhodes and John Fraser) were each re-elected at the opening of a subsequent Parliament, having first been elected in the course of the previous Parliament. For further information, see Appendix 2, “Speakers of the House of Commons Since 1867”.

    150. 150

      Standing Orders 2 and 6.

    151. 151

      Standing Order 2(3). In order to allow the work of the House to continue between the resignation of Speaker Rota and the election of a new Speaker, the House adopted a motion that Louis Plamondon (Bécancour—Nicolet—Saurel) be deemed elected interim Speaker until a new Speaker was elected (Journals, September 26, 2023, p. 2623).

    152. 152

      The Usher of the Black Rod is an officer of the Senate whose responsibilities include delivering messages to the House of Commons when its members’ attendance is required in the Senate chamber by the Governor General or a deputy of the Governor General.

    153. 153

      A deputy to the Governor General is a person, usually a justice of the Supreme Court, who exercises the powers of the Governor General on certain occasions.

    154. 154

      See, for example, Debates of the Senate, November 22, 2021, p. 5; Journals, November 22, 2021, pp. 10-1.

    155. 155

      Standing Order 5. The term “party leader” in Standing Order 5 has traditionally been interpreted to apply only to leaders of a recognized party. Elizabeth May, leader of a non-recognized party, was a candidate during the election of the Speaker in 2023 (Journals, October 3, 2023, pp. 2645-6).

    156. 156

      Standing Order 3.

    157. 157

      Standing Order 4(1).

    158. 158

      This occurred in 1986; the member who did so, John Fraser, was eventually elected Speaker.

    159. 159

      The Clerk is usually assisted by other table officers.

    160. 160

      Prior to 1986, the Speaker was appointed by a debatable and votable motion moved by the Prime Minister. For more historical information on this subject, see Bosc and Gagnon, “The Speaker and Other Presiding Officers of the House,” 3rd ed., pp. 339-41.

    161. 161

      See Philip Laundy, “Electing a Speaker — Canadian Style,” The Table 55 (1987): p. 42. The author was a clerk assistant at the House of Commons at the time of the first secret ballot election of a Speaker.

    162. 162

      Standing Order 3(1)(a). Length of service is determined by reference to the Canada Gazette, which publishes the names of members elected in the order in which the returns are received by the Chief Electoral Officer. While other members have presided over the election of the Speaker more than once, Louis Plamondon (Bécancour—Nicolet—Saurel—Alnôbak) has presided over the election of the Speaker more times than any other member. He presided over the election of the Speaker in 2008, 2011, 2015, 2019, 2021, 2023 and 2025.

    163. 163

      Standing Order 3(2).

    164. 164

      Standing Orders 2(3) and 4(13). On one occasion, a point of order was raised and settled by the Chair (Debates, September 30, 1986, p. 2).

    165. 165

      Standing Order 4(3). See, for example, Debates, November 22, 2021, p. 1.

    166. 166

      This practice began in 2004, when the member presiding invited all candidates “whose names are on the ballot and who do not wish to be considered for election to kindly rise and inform the Chair accordingly.” This resulted in the acclamation of Speaker Milliken (Debates, October 4, 2004, pp. 1-2). See also, Debates, June 2, 2011, p. 1; October 3, 2023, p. 17179. Prior to this, there were instances of members seeking to have their names removed before the start of voting and who were informed by the member presiding that, as the deadline had passed (6:00 p.m. of the previous day), the list for the first ballot could not be amended but that the House would take note of any such request. See, for example, Debates, December 12, 1988, pp. 1-2; January 17, 1994, p. 1.

    167. 167

      Standing Order 3.1. See, for example, Debates, November 22, 2021, pp. 1-9.

    168. 168

      Standing Order 45(12)(g). While members cannot vote electronically in the election of the Speaker, they may participate in the proceedings remotely. In one instance, a member ran for the position of Speaker and addressed the chamber remotely, but could not vote (Debates, October 3, 2023, pp. 17183-4).

    169. 169

      Standing Order 4(2).

    170. 170

      Standing Order 4(4).

    171. 171

      Standing Order 4(6).

    172. 172

      Standing Order 4(7).

    173. 173

      Standing Order 4(8).

    174. 174

      Standing Order 4(9).

    175. 175

      Standing Order 4(10).

    176. 176

      Standing Order 4(11).

    177. 177

      Standing Order 2(3).

    178. 178

      Standing Order 4(7).

    179. 179

      Standing Order 4(12). Those assisting the Clerk will have taken an oath of secrecy.

    180. 180

      This has its origin in the genuine reluctance with which early British Speakers assumed their duties. For the historical background to this practice, see Philip Laundy, The Office of Speaker in the Parliaments of the Commonwealth (London: Quiller, 1984), pp. 14, 64; Norman Wilding and Philip Laundy, An Encyclopedia of Parliament, 4th ed. (London: Cassell, 1972), pp. 706-7. In  an unusual occurrence, following his election by acclamation in 2004, Speaker Milliken was escorted to the chair by the dean of the House (Journals, October 4, 2004, pp. 8-9).

    181. 181

      See, for example, the remarks of Speaker Scheer (Debates, June 2, 2011, pp. 11, 13), Speaker Regan (Debates, December 3, 2015, p. 6), Speaker Rota (Debates, December 5, 2019, pp. 7-8; November 22, 2021, pp. 9-11) and Speaker Fergus (Debates, October 3, 2023, pp. 17186-7).

    182. 182

      See, for example, Debates, November 22, 2021, pp. 11-13. In some instances, congratulatory remarks were also made by independent members. See, for example, Debates, December 5, 2019, p. 10; October 3, 2023, p. 17189.

    183. 183

      Standing Order 2(3). For daily meeting and adjournment times, see Standing Order 24.

    184. 184

      Journals, September 30, 1986, pp. 8-9.

    185. 185

      Journals, December 12, 1988, p. 3; December 5, 2019, pp. 11-12. On one occasion, ahead of an election held during a session, the House adopted a special order to ensure that Statements by Members and Oral Questions would take place after the election of the new Speaker (Journals, September 28, 2023, p. 2638). The House then continued with the regular order of business as prescribed by the Standing Orders for that day (Journals, October 3, 2023, pp. 2646-8).

    186. 186

      See, for example, Journals, November 22, 2021, p. 11.

    187. 187

      See for example, Debates of the Senate, November 23, 2021, p. 11. On occasion, the Sovereign also opens a session. For more information, see section 8.7, in particular note 33.

    188. 188

      Bourinot, Parliamentary Procedure and Practice, 4th ed., pp. 49-50. See, for example, the presentation of Speaker Francis, elected during the Second Session of the 32nd Parliament (Journals, January 16, 1984, pp. 72-3); Speaker Fraser, elected at the opening of the Second Session of the 33rd Parliament (Journals, October 1, 1986, p. 12); and Speaker Fergus, elected during the First Session of the 44th Parliament (Journals, October 3, 2023, p. 2646; Journals of the Senate, October 3, 2023, pp. 1959-60).

    189. 189

      Standing Order 3(1)(b) and (c). On one occasion, members decided to proceed otherwise. After the resignation of Speaker Rota, the House ordered that the newly designated interim Speaker, who was also the dean of the House, would preside over the election of the new Speaker (Journals, September 26, 2023, p. 2623). The election was held on October 3, 2023.

    190. 190

      In 1984, the mace was on the table and was moved beneath it after the Speaker’s letter of resignation had been read by the Clerk. In 2023, the mace remained on the table during the entire election because the House had appointed an interim Speaker until a new Speaker was elected (Journals, September 26, 2023, p. 2623). Therefore, the House was duly constituted during the election of Speaker Fergus.

    191. 191

      See, for example, Journals of the Senate, October 3, 2023, pp. 1959-60.

    192. 192

      For the election of Speaker Bain, see Journals, August 1, 1899, pp. 488-9, Debates, cols. 9062-4. For the election of Speaker Francis, see Journals, January 16, 1984, pp. 72-3, Debates, pp. 421-4. For the election of interim Speaker Plamondon, see Journals, September 26, 2023, p. 2623. For the election of Speaker Fergus, see Journals, October 3, 2023, pp. 2645-6, Debates, pp. 17179-86.

    193. 193

      In 1899, Speaker Bain succeeded Speaker Edgar, the only Speaker to have died while in office, and presided over the House for the remainder of the Eighth Parliament, until 1901. Speaker Francis was elected during the Second Session of the 32nd Parliament (1984) to succeed Speaker Sauvé, who resigned to become Governor General. Speaker Bain and Speaker Francis presided over the House for the balance of the sessions and the Parliaments in which they were elected.

    194. 194

      Following the announcement by Speaker Rota of his intention to resign the Speakership, Louis Plamondon (Bécancour—Nicolet—Saurel—Alnôbak) was deemed elected Speaker by special order of the House. The motion stated that he would be Speaker from the time of adjournment on September 27, 2023, until a new Speaker was elected on October 3, 2023 (Journals, September 26, 2023, p. 2623). On October 3, 2023, Speaker Fergus was elected by secret ballot (Journals, pp. 2645-6).

    195. 195

      Standing Order 3(1)(b).

    196. 196

      Standing Order 3(1)(c). In one instance, the House adopted a motion that the newly designated interim Speaker, who was also the dean of the House, would preside over the election of the new Speaker (Journals, September 26, 2023, p. 2623).

    197. 197

      In 1986, when the Speaker was elected at the opening of the Second Session of the 33rd Parliament, the House met, the prayer was read and, after some remarks by the outgoing Speaker, who was to preside over the election of a successor, the Prime Minister was recognized (Debates, September 30, 1986, pp. 1-10).

    198. 198

      In 1904, the Leader of the Opposition asked a question of the Prime Minister, and the sitting was then adjourned (Debates, March 10, 1904, cols. 1-5). In 1916, a new member took their seat after the mace had been placed on the table (Debates, January 12, 1916, pp. 1-4); in other instances, this had occurred prior to the election of the Speaker (Debates, February 7, 1878, pp. 1-2; March 10, 1904, cols. 1-3). In 1917, the Speaker announced the appointment of a deputy sergeant-at-arms, there were tributes to deceased members, orders in council were tabled by the Prime Minister and a question was asked of the Prime Minister before the sitting adjourned (Debates, January 18, 1917, pp. 1-5). In 1935, when the Speech from the Throne was read later the same day, the mace was placed on the table and, immediately thereafter, the Speaker read the letter informing the House of the arrival of the Governor General in the Senate chamber (Debates, January 17, 1935, pp. 1-2).

    199. 199

      Speaker Anglin, who had earlier resigned his seat and the Speakership, was re-elected in a by-election and re-elected Speaker at the opening of the Fifth Session of the Third Parliament (Journals, February 7, 1878, pp. 9-10). For other Speakers elected at the start of a second or later session, see Speaker Belcourt (Journals, March 10, 1904, p. 10), Speaker Sévigny (Journals, January 12, 1916, p. 6), Speaker Rhodes (Journals, January 18, 1917, p. 6), Speaker Bowman (Journals, January 17, 1935, p. 2), and Speaker Fraser (Journals, September 30, 1986, pp. 2-8).

    200. 200

      All members, apart from party leaders and cabinet ministers, are considered candidates unless they take the prescribed action to remove themselves from consideration (Standing Orders 4(1) and 5).

    201. 201

      First Report of the Special Committee on the Reform of the House of Commons, paras 8 to 16, presented to the House on December 20, 1984 (Journals, p. 211).

    202. 202

      Special Committee on the Reform of the House of Commons, Minutes of Proceedings and Evidence, January 22, 1985, pp. 3, 14-7.

    203. 203

      Debates, April 21, 1998, pp. 5867-8, 5876. Following the general election of 1993, an unprecedented degree of turnover occurred, such that 205 of the 295 members sent to the House of Commons were first-time members called upon to elect a Speaker. A similar situation existed following the general election of 2015. Of the 338 members who were elected, 214 had not served during the previous Parliament. Of that number, 199 had never been elected to the House.

    204. 204

      Standing Order 4(13).

    205. 205

      Standing Order 3.1.

    206. 206

      Press reports indicate that some candidates attended these sessions and some did not. See, for example, Susan Winkelaar, “MPs in contention for Speaker put under Reform microscope,” Times Colonist, January 15, 1994.

    207. 207

      Debates, April 21, 1998, pp. 5867-8.

    208. 208

      Debates, January 29, 2001, p. 7.

    209. 209

      See the discussion in the Standing Committee on Procedure and House Affairs on June 3, 2014 (Evidence, Meeting No. 42, p. 13-4). For further information on campaigning, see Marcel Danis, “The Speakership and Independence: A Tradition in the Making,” Canadian Parliamentary Review 10, no. 2 (Summer 1987): p. 17, http://www.revparl.ca/english/issue.asp?param=121&art=724; John Holtby, “Secret ballot in the Canadian Commons elects new Speaker,” The Parliamentarian 68, no. 1 (January 1987): p. 36; Audrey Elizabeth O’Brien, “Election of a Speaker by Secret Ballot: A Milestone for the House of Commons,” Canadian Parliamentary Review 29, no. 3 (Autumn 2006): p. 27, http://www.revparl.ca/english/issue.asp?param=178&art=1204. It has also been noted that, because the 1986 election took place in the course of a Parliament, there was prior opportunity for the House membership to become acquainted with the individuals on the ballot.

    210. 210

      Constitution Act, 1867, supra note 11, ss 44 and 46.

    211. 211

      Parliament of Canada Act, supra note 7, s 53.

    212. 212

      Constitution Act, 1867, supra note 11, s 45.

    213. 213

      He had been away from the House for some time due to illness and, in his absence, the chair was taken by the Deputy Speaker (See, for example, Journals, July 13, 1899, p. 426). Speaker Edgar’s death was announced to the House on July 31, 1899, by the Prime Minister, who then moved a motion for the adjournment of the House. After a brief intervention by a member of the opposition, the motion was adopted and the sitting was adjourned (Debates, July 31, 1899, cols. 9060-1). The next day, the House met at its usual time and immediately proceeded to elect a new Speaker (Journals, August 1, 1899, pp. 488-9). See also the account in Bourinot, Parliamentary Procedure and Practice, 4th ed., pp. 171-2.

    214. 214

      Until 1931, members who accepted certain positions in cabinet were required, pursuant to sections of the Senate and House of Commons Act, to resign their seats and seek re-election (Senate and House of Commons Act, RSC 1927, c 147, ss 3 and 14 [Senate and House of Commons Act]). The act (now called the Parliament of Canada Act, supra note 7) was amended to remove this requirement (An Act to remove the necessity of the re-election of members of the House of Commons of Canada on acceptance of Office, SC 1930, c 52, s 1 [An Act to remove the necessity of a re-election]). Section 39 of the Constitution Act, 1867, supra note 11, provides that “A Senator shall not be capable of being elected or of sitting or voting as a Member of the House of Commons.”

    215. 215

      In each case, the appointment took effect during the interval between two sessions and, therefore, no formal indication of intent to resign was communicated to the House. On those occasions, when the House reconvened, it met without a Speaker. In each case, the letter informing the House of the deputy to the Governor General’s arrival for the opening of the new session, and the notifications of vacancy for the former Speakers’ electoral districts, were instead read by the Clerk (Journals, March 10, 1904, pp. 1-2, 5; January 12, 1916, pp. 1-2, 4; January 18, 1917, pp. 1-2, 6). Louis Philippe Brodeur and Joseph Pierre Albert Sévigny were both re-elected in by-elections and sat as cabinet ministers (Journals, March 10, 1904, p. 10; April 19, 1917, p. 90). The notification of vacancy of Thomas Simpson Sproule’s riding was dated December 3, 1915, the date of his appointment to the Senate (Journals of the Senate, January 12, 1916, pp. 1-2).

    216. 216

      She resigned as a member and as Speaker by letter to the Clerk of the House, dated January 6, 1984. The letter stated that her resignation would take effect as of midnight, January 15, 1984. The House, which had adjourned on December 21, 1983, reconvened on January 16, 1984, and the Clerk read the letter. The House then proceeded to the election of Speaker Francis (Journals, January 16, 1984, p. 72, Debates, p. 421).

    217. 217

      Speaker Black resigned as Speaker in a letter to the Prime Minister dated January 15, 1935, during a prorogation. This was announced to the House by the Prime Minister when the House reconvened on January 17, the date set for the opening of the session. The House then proceeded to elect a new Speaker (Journals, January 17, 1935, pp. 1-2, Debates, p. 1). It was reported that ill health had forced the Speaker’s resignation. See Gary Levy, Speakers of the House of Commons, 4th ed. (Ottawa: Library of Parliament, 1996), pp. 56-7. See also “Vacancy in the Office of Presiding Officer,” The Table 24 (1955): p. 31.

      Speaker Bosley resigned the Speakership in 1986. He was concerned about the “erosion of public respect for Parliament”, and it was his opinion that he could best contribute to the reform of the institution as a private member, giving the House an “unfettered” choice of Speaker by the new secret ballot process. After communicating this to the leaders of the three recognized parties on September 5, 1986, he wrote to the Clerk on the same day, while Parliament was prorogued, stating that his resignation would take effect upon the election of a successor on the date set by proclamation for the opening of the new session. When the House met on September 30, he presided over the election by secret ballot of Speaker Fraser (Journals, September 30, 1986, p. 2, Debates, p. 1). After his resignation, Speaker Bosley remained a member of Parliament and was re-elected in 1988. He put his name forward as candidate for the Speakership at the start of the 34th Parliament but was unsuccessful (Journals, December 12, 1988, p. 3).

    218. 218

      Speaker Anglin was known to have had business dealings with the government, and this became the subject of a study by the Select Standing Committee on Privileges and Elections. On April 28, 1877, the last day of the Fourth Session of the Third Parliament, the committee presented its First Report (Journals, p. 357) stating that, in its view, the Speaker was in violation of the Independence of Parliament Act and thus his election was void. The act provided that individuals could not be members of the House of Commons if they held offices of emolument under the Government of Canada or were contractors with the Government of Canada (An Act further securing the Independence of Parliament, SC 1867-68, c 25, as amended by An Act to amend the Act further securing the Independence of Parliament, SC 1871, c 19). For background, see Bourinot, Parliamentary Procedure and Practice, 4th ed., pp. 140-8. The report was not considered by the House.

      Prior to the opening of the next session, Speaker Anglin vacated his seat in the House. A by-election was held and he was re-elected prior to the opening of the new session on February 7, 1878. He was re-elected Speaker over the objections of the opposition (Journals, February 7, 1878, pp. 9-10). Prior to 1986, Speakers were appointed by a debatable and votable motion moved by the Prime Minister, and Speaker Anglin is the only Speaker whose election was the subject of a recorded vote.

    219. 219

      On September 25, 2023, Speaker Rota apologized to the House for having recognized, during an address by the President of Ukraine a few days earlier, an individual in the gallery who, it was later revealed, had been a member of a Ukrainian military unit commanded by the Nazis during World War II. The Speaker stated that he had been unaware of the person’s wartime activities at the time of recognition. Following questions about his ability to continue in his role (Debates, September 25, 2023, pp. 16851-5), Speaker Rota announced on September 26, 2023, his intention to resign, effective at the time of adjournment of the House on the following day (Journals, p. 2616, Debates, p. 16958).

    220. 220

      Journal and Proceedings of the House of Assembly of the Province of Nova Scotia, April 30, 1875, p. 109. See also the account in Bourinot, Parliamentary Procedure and Practice, 4th ed., p. 177.

    221. 221

      Journal and Proceedings of the House of Assembly of the Province of Nova Scotia, April 30, 1875, pp. 109-10; May 1, 1875, p. 110. The House of Assembly then adopted a motion, moved by a member of the cabinet, that the resignation of the Speaker be accepted and that a committee of ministers be struck to inform the Lieutenant Governor that the House of Assembly was without a Speaker (May 1, 1875, pp. 110-1). When the House of Assembly next met, the committee reported that it had communicated with the Lieutenant Governor, and a new Speaker was elected forthwith (May 3, 1875, pp. 111-2).

    222. 222

      In May and June of 1956, the government (having concluded an agreement to provide assistance on or before June 7 for the building of a pipeline) was seeking to obtain passage of Bill No. 298, An Act to establish the Northern Ontario Pipe Line Crown Corporation, 3rd Sess, 22nd Parl, 1956. The opposition did not favour the bill, and debate was acrimonious and punctuated by procedural argument (for background and details, see Joseph Gordon Dubroy, “Canada: House of Commons; Relations between Chair and Opposition in 1956,” The Table 25 (1956): p. 39). There were 25 appeals arising from rulings of the Chair (allowed under the rules in effect at that time): 11 from rulings of the Speaker, and 14 from rulings of the Chair in a committee of the whole. All rulings were sustained.

    223. 223

      On June 1, 1956, the Speaker ruled to revert the House to its position of the day before (with respect to its deliberations on the pipeline bill); the ruling was sustained on appeal (Journals, June 1, 1956, pp. 678-80; June 4, 1956, pp. 692-3). See also Debates, June 4, 1956, pp. 4643-60; June 6, 1956, pp. 4783-6; June 7, 1956, pp. 4794-4831; June 8, 1956, pp. 4845-70.

    224. 224

      Journals, June 8, 1956, pp. 725-6.

    225. 225

      Debates, June 29, 1956, pp. 5509-15.

    226. 226

      Journals, July 2, 1956, p. 838. For the full text of the Speaker’s remarks, see pp. 835-8.

    227. 227

      Debates, March 13, 2000, p. 4397.

    228. 228

      Journals, March 16, 2000, pp. 1402-3, Debates, pp. 4733-9.

    229. 229

      Journals, December 15, 2023, pp. 3290-1.

    230. 230

      A question of privilege was raised on the matter and ruled to be prima facie by the Deputy Speaker (Journals, December 5, 2023, p. 3005; Debates, pp. 19490-1; Journals, December 6, 2023, pp. 3017-9, 3028). The matter was referred to the Standing Committee on Procedure and House Affairs, and the committee presented its report to the House on December 14, 2023 (see 55th Report of the committee (Journals, p. 3281)). The report was concurred in on January 30, 2024 (Journals, pp. 3358-62).

    231. 231

      Order Paper and Notice Paper, January 29, 2024, p. 203.

    232. 232

      Debates, May 27, 2024, pp. 23813-4; Journals, May 28, 2024, pp. 4027-9.

    For questions about parliamentary procedure, contact the Table Research Branch

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