At Confederation, the constitutional
responsibility of the Speaker to “preside at all meetings” of the House[277]
was fulfilled by the Speaker alone, as there were no provisions allowing
another Member to take the Chair.[278]
After just a few months, the First Parliament passed an Act which allowed the
Speaker to choose any Member to occupy the Chair in the Speaker’s absence
during the course of a sitting.[279]
When the House formed itself into a Committee of the Whole, the Speaker had the
authority to select a Member to act as Chairman.[280]
Many Members were called upon to fulfil this task.[281] There could be no
guarantee that Members selected ad hoc to preside over the House or a
Committee of the Whole would be conversant with the rules or able to arrive at
a satisfactory resolution of questions of order. There were no set adjournment
times for the daily sittings, and the House typically sat late into the
evening. All this tended to add to the burden of responsibility carried by the
Speaker.
In 1885, having cited the British practice
as an example to follow, the Prime Minister put forward the proposition that
the House would be better served if the positions of Speaker and Chairman of
Committees of the Whole were divided into two offices so that a permanent
Chairmanship of Committees of the Whole would be established. The salaried incumbent
could also act as Speaker both at the beginning of and during a sitting when
the Speaker was absent.[282]
The Speaker would retain the right to call any Member to take the Chair
temporarily during a sitting and would still be obliged, in the absence of the
Chairman, to select another Member to chair any Committee of the Whole. The
House was not entirely convinced of the need;[283]
nevertheless, the Prime Minister pursued the matter. After debate, rules were
adopted providing for a Chairman of Committees of the Whole to hold office for
the duration of a Parliament[284]
and, later that year, a bill was passed enabling this Chairman to act as
Speaker in the Speaker’s absence.[285]
The provisions of that Act are now found in the Parliament of Canada Act
and were the basis for subsequent changes in the Standing Orders, which vested
in the Deputy Speaker and Chair of Committees of the Whole all the legal powers
of the Speaker when he or she is absent from the House.
In the years that followed, it became
accepted practice for the Deputy Speaker, on occasion, to delegate the powers
of Chairman to other Members.[286]
In 1938, when it was foreseen that the Deputy Speaker and Chairman of
Committees of the Whole would be absent from the House for a period of time,
the House adopted an amendment to the rules to provide for the selection of a
Deputy Chairman of Committees of the Whole who would have all the powers of the
Chairman.[287]
The rule codified the power of the Chairman to open a sitting of the House in
the Speaker’s absence, a power that up to then had not been shared.[288]
It was suggested that the new position not be permanent but be filled only as
required;[289]
the rule provided for the office of Deputy Chairman to be filled on a sessional
basis or as the need arose. After the initial appointment for a single session
in 1938, the post was left vacant for nine years and not filled until 1947.[290]
From 1947 to 1953, subsequent appointments were made as the need arose.[291]
When nominating a Deputy Chairman of Committees of the Whole in 1953, the Prime
Minister referred to the appointment as “completing the organization of the
personnel of the House”[292]
and, thereafter, the practice of selecting a Deputy Chairman for the duration
of each session was established.
As the work of the House and the length of
its sessions continued to increase, the House identified a need for the
services of an additional Presiding Officer. The position of Assistant Deputy
Chairman of Committees of the Whole was created in 1967, through an amendment
to the rules pursuant to the recommendation of a special committee on
procedure.[293]
Again, the rule enabled the incumbent to exercise all the powers of the
Chairman of Committees of the Whole, including those of Deputy Speaker, during
the Speaker’s absence. There was no suggestion that the position should be
temporary, and since 1971, it has routinely been filled.[294]
The written rules on other Presiding
Officers have evolved slowly over the years. In 1906, the rule obliging the
Speaker to appoint a Member to preside at any Committee of the Whole (“shall
appoint”) was relaxed so as to remove the element of obligation (“may
appoint”).[295]
In 1927, the term “Deputy Speaker”, which had for some time been in common use
among Members in referring to the Chairman of Committees of the Whole, began to
be used in the written rules.[296]
The original rules governing the selection of the Deputy Speaker and Chairman
of Committees of the Whole explicitly required the selection to take place at
the start of each Parliament, after the Address in Reply from the Speech from
the Throne had been agreed to. However, this rule was not always adhered to[297]
and, in 1955, it was amended so that the selection could be made early in a new
Parliament, regardless of whether or not the Address had yet been agreed to.[298]
In 1968, a reference to its British antecedents was dropped from the rule
providing for the appointment of the Deputy Speaker.[299] Finally, in 2004,
the rules governing the appointment of the Deputy Speaker and Chair of
Committees of the Whole, and of the Deputy Chair and Assistant Deputy Chair of
Committees of the Whole were extensively amended. Since that time, the Prime
Minister no longer proposes the candidates; this is done by the Speaker, after
consultations with the leaders of all recognized parties. In addition, the
motions for appointment are no longer subject to debate or amendment.[300]
Every action of the Deputy Speaker, when
acting in the Speaker’s place, has the same effect and validity as if the
Speaker had acted; or, in the terms of the Parliament of Canada Act:
Every act done and warrant, order or other
document issued, signed or published by a Deputy Speaker … that relates to any
proceedings of the House of Commons or that, under any statute, would be done,
issued, signed or published by the Speaker, if then able to act, has the same
effect and validity as if it had been done, issued, signed or published by the
Speaker.[301]
The Parliament of Canada Act
provides that when the Speaker’s unavoidable absence is announced to the House
by the Clerk at the start of a sitting,[302]
the Deputy Speaker takes the Chair. If the Speaker is still absent at the start
of the next sitting, the Deputy Speaker again assumes the Speaker’s role and
may continue to do so from day to day until the Speaker’s return. If the House
should adjourn for longer than 24 hours, the Deputy Speaker can continue
to act as Speaker only for 24 hours from the time of adjournment.[303]
From time to time, the Speaker has been
absent at the beginning of a sitting; more rarely, the Speaker has been absent
over several consecutive sittings.[304]
It has happened that in the absence of both the Speaker and the Deputy Speaker,
the Deputy Chair and Assistant Deputy Chair, as alternates to the Deputy
Speaker and Chair of Committees of the Whole, have opened a sitting of the
House.[305]
In such cases, they are entitled to exercise all the powers vested in the
Deputy Speaker during the Speaker’s absence.[306]
The primary roles of the Deputy Speaker and
the other Presiding Officers are to occupy the Chair in the Chamber in lieu of
the Speaker when the latter is unavailable or occupied with other duties, to
take the Chair when the House sits as a Committee of the Whole and, on
occasion, to preside over legislative or special committees. In addition, the
Deputy Speaker has certain administrative responsibilities.
In the House, the Speaker is generally in
the Chair at specific times: at the opening of the sitting and during
Members’ Statements, Oral Questions, Routine Proceedings and recorded
divisions. The remaining time in the Chair is shared by the Deputy Speaker and
the other Presiding Officers.[307]
On occasion, the Speaker or one of the other Presiding Officers may choose
another Member to replace them for a short period.
When the House forms itself into a Committee
of the Whole, it is the duty of the Chair of Committees of the Whole to take
the Chair if present in his or her place in the House.[308] The fact that the
rules now provide for the selection of a Deputy and Assistant Deputy Chair of
Committees of the Whole does not, in theory, affect the Speaker’s ability to
appoint another Member to preside in the absence of the Deputy Speaker;[309]
however, in keeping with the practice established at the turn of the twentieth
century, the task of filling the acting chairmanship typically falls upon the
Member acting as Speaker at the time.[310]
It has rarely been necessary for the Speaker to call upon another Member.[311]
With the Deputy and Assistant Deputy Chair
of Committees of the Whole, the Deputy Speaker is a member of the Panel of
Chairs for legislative committees, and may thus be appointed by the Speaker to
chair a legislative committee, or to act in place of the Speaker to appoint
Members to chair legislative committees.[312]
On three occasions, the House adopted a special order establishing a special
committee to be chaired by the Deputy Speaker.[313]
As regards administrative responsibilities,
the Deputy Speaker may be asked to serve on the Board of Internal Economy.[314]
He or she is deemed to remain in office during an electoral period.[315]
While the Standing Orders provide for the
Speaker’s impartiality and independence by enjoining him or her not to
participate in any debate before the House,[316]
there is no such clear statement as to whether the Deputy Speaker and other
Presiding Officers should take part in debate. Until the 1930s, it was not
unusual for Deputy Speakers to participate actively in debate,[317] and there has been
controversy from time to time over the extent to which the Chair Occupants
(other than the Speaker) should remain aloof from partisan politics.[318]
In 1931, when a question arose as to the
propriety of the Deputy Speaker speaking in debate, it was generally felt that
the actions of the Deputy Speaker must be governed by “good taste and
judgement”.[319]
Since then, and in the absence of any rule or guideline governing the political
activities of Presiding Officers of the House or limiting their participation
in debate or voting, the degree of participation has been an individual
decision. In 1993, Deputy Speaker Champagne agreed to act as Co‑Chair of
her party’s leadership convention. A question of privilege was raised in the
House by a Member who argued that this decision affected the appearance of
impartiality attached to the office of Deputy Speaker and that she was therefore
guilty of a contempt of the House. Speaker Fraser ruled that, given the
existing practice and the absence of clear direction from the House, Deputy
Speakers have used varying degrees of discretion in terms of their party
involvement. He clarified that they remain members of their political parties
and, unlike the Speaker, may attend caucus meetings, participate in debate and
vote. The Speaker ruled that the Deputy Speaker is not “cloaked with the same
exigencies that are expected of the Speaker” and that the matter did not
constitute a prima facie case of privilege.[320] In 2004 and 2005,
Jean Augustine served the Thirty‑Eighth Parliament as Assistant Deputy
Chair of Committees of the Whole, while at the same time acting as Special
Adviser on Granada to the Minister of International Cooperation (Aileen Carroll).
In accordance with recent practice, the
Deputy Speaker and other Presiding Officers generally avoid taking part in
debate, but do for the most part maintain their right to vote when not
presiding over the House.[321]
In 1985, when the Assistant Deputy Chairman participated in debate on a bill
before the House, an objection was raised.[322]
In 1999 and 2007, however, the Deputy Chair participated in the debate on the
Address in Reply to the Speech from the Throne without objection.[323] Presiding Officers (with the exception of the Speaker) have
presented petitions[324]
and made Members’ Statements,[325]
and no objection has been made. On occasion, a Presiding Officer has taken the
opportunity to offer a comment from the Chair, and again no objection was made.[326]
In general, occupants of the Chair have not sponsored or pursued private
Members’ bills or motions,[327]
or placed written questions on the Order Paper.[328]
The rules of the House provide for the selection
of the Deputy Speaker and Chair of Committees of the Whole.[329] The Deputy Speaker
is selected at the start of every Parliament and holds office for the duration
of the Parliament. The selection generally occurs after the Speaker’s report to
the House on the Speech from the Throne, at the opening of the first session.[330]
Until 2004, a Member, usually the Prime Minister,[331] moved a motion
proposing that a certain Member assume the office of Deputy Speaker and Chair
of Committees of the Whole House. With a few exceptions, the proposed Member
has been from the government side of the House[332]
and the motion has been seconded by a government Member.[333] In 2004, the
Standing Orders were amended such that the Speaker, after consultation with the
leaders of the officially-recognized parties, now announces the name of the
Member he or she has selected for the position. A motion for that Member’s
election is deemed to have been moved and the question is put immediately
without debate or amendment.[334]
The rules continue to require that the
Deputy Speaker be fluent in the official language which is not that of the
Speaker “for the time being”.[335]
The candidates proposed have rarely met with opposition.[336]
The rules provide similarly for the
selection of a Deputy Chair and Assistant Deputy Chair of Committees of the
Whole for a session.[337]
Until the amendment of the Standing Orders in 2004, the appointments were made
at the start of each session, or from time to time as necessary, by means of a
motion moved and seconded by Members from the government side of the House.[338]
In some cases, adoption of the motion was preceded by debate and a recorded
division.[339]
Since 2004, the procedures for this selection mirror those for the selection of
a Deputy Speaker.
With just three exceptions, the Members
selected to the offices of Deputy Chair and Assistant Deputy Chair of
Committees of the Whole have come from the government benches.[340]
The selection of a Deputy Speaker and Chair
of Committees of the Whole is effective for the life of the Parliament; in the
event of a vacancy in the office “by death, resignation, or otherwise”, the
House is required to proceed “forthwith” to the selection of a successor.[341]
Vacancies in the office of Deputy Speaker
have occurred between sessions as well as during a session. Vacancies have
occurred four times between sessions (1889, 1914, 1959 and 1961), when Members
who were occupying the Chair as Deputy Speaker were appointed to Cabinet
positions. Charles Carroll Colby and Pierre‑Édouard Blondin were
appointed to Cabinet in 1889 and 1914 respectively. As was the law at the time,
they resigned their seats as Members, thus vacating the office of Deputy
Speaker and Chairman of Committees of the Whole.[342] Each was re‑elected
in by‑elections between sessions and in each case, on the first day of
the new session, the Speaker informed the House of the vacancy in
representation and then announced the certificate of election and return of the
Member.[343]
On the fourth and third sitting day of the new session respectively, a new
Deputy Speaker was selected;[344]
in accordance with the rules in effect at the time, the selection could not
take place until after the Address in Reply to the Speech from the Throne had
been agreed to.[345]
Pierre Sévigny and Jacques Flynn were appointed to Cabinet in 1959 and
1961 respectively. In each case, on the first day of the new session, following
the Speech from the Throne, the Prime Minister informed the House of changes to
the Cabinet and then moved a motion to appoint a Deputy Speaker and Chairman of
Committees of the Whole.[346]
In none of the foregoing cases do the official publications mention a
resignation or letter of resignation communicated to the House by the Speaker.
There have also been vacancies during a
session (in 1935, 1952, 1970, 1984 and 1990). The death of Armand LaVergne in
1935 is the only instance of the death of a Deputy Speaker while in office.[347]
A successor was chosen four sitting days after news of his death was brought to
the House.[348]
J.A. Dion was appointed a judge in 1952 and resigned as a Member, thus creating
a vacancy in the Deputy Speakership.[349]
Hugh Faulkner was appointed a Parliamentary Secretary in 1970, and his
resignation was communicated to the House by the Speaker.[350]
Lloyd Francis, selected as Deputy Speaker at the opening of the Thirty‑Second
Parliament in 1980,[351]
vacated that office by virtue of his election to the Speakership following the
resignation of Speaker Sauvé in the Second Session of the Parliament.[352]
In the latter three cases, the new Deputy Speaker was selected on the day on
which the House was informed of the change in status of the Members. A less
typical case is that of Deputy Speaker Marcel Danis, who was appointed to the
Cabinet on February 23, 1990. Following his Cabinet appointment, he did
not preside over the House, but remained in office as Deputy Speaker and
Chairman of Committees of the Whole until May 15, 1990, when his official
resignation was communicated to the House and a new Deputy Speaker was elected.[353]
The offices of Deputy Chair and Assistant
Deputy Chair of Committees of the Whole may be filled “at the commencement of
every session, or from time to time as necessity may arise”.[354] Thus, a vacancy
during a session would not necessarily be filled immediately, or at all. For
example, after the initial appointment of a Deputy Chairman of Committees of
the Whole for a single session in 1938, the post was left vacant until 1947.[355]
In December 1967, the Deputy Chairman of Committees of the Whole, Maurice
Rinfret, died, and the position remained vacant for the balance of the session.
However, since 1974 (First Session, Thirtieth Parliament), the House has
operated with the full complement of Presiding Officers as the statutes and
rules provide, and current practice has been that when such vacancies arise
they are filled without undue delay.[356]
Vacancies during a session in the offices
of Deputy Chair and Assistant Deputy Chair have occurred for various reasons.
In more than one case, a Member serving as Deputy Chair or Assistant Deputy
Chair was appointed to fill a vacancy among the other Presiding Officers,[357]
or accepted an appointment of another kind.[358]
In 1961, the Prime Minister informed the House that the Deputy Chairman of
Committees of the Whole wished to be replaced, due to illness, and immediately
moved a motion naming a successor.[359]
In 1996, the Deputy Chairman was appointed to the Senate and resigned as a
Member, thus vacating the Deputy Chairmanship.[360]
On other occasions, vacancies have occurred as the result of resignations.[361]
In some cases where the Deputy Chairman of Committees of the Whole stepped
down, the fact of the resignation was announced to the House by the Speaker.[362]
The selection of a particular individual as
Chair, Deputy Chair or Assistant Deputy Chair has been renewed from Parliament
to Parliament or from session to session as the case may be. It has also
happened that individuals have moved from one position as Presiding Officer to
another, either through filling vacancies during a session or through selection
to other positions in a new session of Parliament; however, there is little
evidence to suggest that this experience has created a path to the Speakership.
Of the 34 Speakers who have occupied the Chair since Confederation, only 9 had
prior experience as Presiding Officers in the House of Commons.[363]
[277]Constitution Act, 1867, R.S. 1985, Appendix II,
No. 5, s. 46.
[278] Section 47 of the Constitution Act, 1867 called for the
election of an interim Speaker only if the Speaker was absent for more than 48 hours.
This section had been included in the Constitution because, on one occasion,
the Legislative Assembly of the Province of Canada was not able to meet over a
period of days because the Speaker was ill and unable to attend (Journals,
March 22, 1858, p. 161). In another case, after Confederation,
the House began its sitting late because the Speaker missed his train and was
not present at the hour of meeting (Debates, April 19, 1870,
p. 1065).
[279]An Act respecting the Office of Speaker of the House of Commons
of the Dominion of Canada, S.C. 1867, c. 2. These provisions are
now found in the Parliament of Canada Act, R.S. 1985, c. P‑1,
s. 42. The Speaker used this new power for the first time on
March 30, 1868 (Journals, p. 167). Although substitutions of
this nature continued to take place, they were not recorded in the Journals
after 1870.
[281] See, for example, Journals, May 14, 1868, pp. 353‑64.
[282]Debates, February 10, 1885, pp. 67‑8. In the
British Parliament, the office of Deputy Speaker came into existence in 1855 (May,
23rd ed., pp. 224‑5).
[283] The Opposition objected, claiming there were no provisions for such
a position in the Constitution and alleging it was intended to create a
salaried office for political patronage; the question of language requirements
was also raised (Debates, February 10, 1885, pp. 68‑70).
[284]Journals,
February 10, 1885, pp. 53‑5, Debates, pp. 67‑72.
An amendment, later to become a Standing Order (the current Standing Order
7(2)), concerned the language requirement for the position.
[285] The Opposition had argued that the office of Speaker was governed
by legislation (the Constitution) and that, while Parliament might alter its
provisions, this had to be done by way of legislation rather than a resolution
of the House. The Prime Minister accepted this argument (Debates,
February 10, 1885, pp. 73‑4) and the Bill, An Act to provide
for the Appointment of a Deputy Speaker of the House of Commons,
S.C. 1885, c. 1, received Royal Assent on May 1, 1885.
Malachy B. Daly took the Chair as Deputy Speaker for the first time on
May 2, 1885 (Journals, p. 357). See also Appendix 3,
“Deputy Speakers and Chairs of Committees of the Whole House Since 1885”.
[286] The practice was at first controversial. See, for example, Debates,
April 26, 1888, cols. 1005‑6, and April 8, 1896,
cols. 5732‑7, when objections were raised about a Member taking the
Chair in the absence of the Deputy Speaker; Debates, June 6, 1899,
cols. 4445‑57, and June 7, 1899, cols. 4553‑4, when,
in reporting from a Committee of the Whole, the Chairman replaced the absent
Speaker and named another Member to present the report to the House; and Debates,
July 15, 1903, cols. 6630‑8, when the Member acting as Chairman
of the Committee took the Chair to receive its report and later went on to
adjourn the House. However, no such objections appear to have been raised after
1903, and it seems the practice was accepted.
[288] The Opposition Leader expressed doubts that the statute allowed for
this particular delegated power, but did not object further when the Minister
of Justice responded that it was a satisfactory way of providing for the case
at hand (Debates, February 11, 1938, pp. 370‑1).
[293] The special committee’s mandate included reporting to the House on
possible rule changes which it might “deem suitable to promote the more
expeditious dispatch of the business of the House”. The committee’s First Report,
presented to the House on March 20, 1967 (Journals, p. 1549),
and adopted without debate on April 26, 1967 (Journals,
p. 1769, Debates, p. 15489), stated that the appointment of an
Assistant Deputy Chairman of Committees of the Whole would be “desirable”, and
went on to recommend the necessary amendment to the Standing Orders.
[294] See Appendix 5, “Assistant Deputy Chairs of Committees of the
Whole House Since 1967”.
[297] In 1887, for example, the Deputy Speaker was not selected until
almost a month after the Address had been agreed to (Journals,
May 11, 1887, pp. 370‑1); in 1891, the Address was agreed to on
May 4 (Journals, p. 17), and the Deputy Speaker was chosen on
May 22 (Journals, p. 159). In 1949 and 1953, the House agreed
to waive the rule and the Deputy Speaker was selected before the Address was
agreed to (Journals, September 15, 1949, p. 17;
November 12, 1953, p. 16).
[299]Journals, December 20, 1968, p. 572. Until then,
the duties of the office holder had been described in the Standing Order as “in
accordance with the usages which regulate the duties of a similar officer,
generally designated the Chairman of the Committee of Ways and Means, in the
House of Commons of the United Kingdom of Great Britain and Northern Ireland”.
[300]Standing
Orders 7 and 8. See the Eighth Report of the Standing Committee on Procedure
and House Affairs, presented to the House and concurred in on October 22, 2004
(Journals, p. 136).
[301] R.S. 1985, c. P‑1, s. 44(2). See also Debates,
June 4, 1985, p. 5387.
[302] Typically, the House is informed of the unavoidable absence of the
Speaker by the Clerk of the House before prayers are read; however, exceptions
have occurred. For example, on one occasion after the sitting was underway, the
announcement was made by the Assistant Deputy Chairman (Journals,
March 3, 1995, p. 1999, Debates, p. 10313).
[303]Parliament of Canada Act, R.S. 1985, c. P‑1,
s. 43.
[304] For example, in 1885, the Speaker was replaced over three sittings
due to illness in the family (Journals, May 2, 4 and 5,
pp. 357‑9); in 1899, Speaker Edgar fell ill and was replaced at the
start of 16 sittings (JournalsIndex for 1899 under “Deputy
Speaker”). In two more recent cases (Speaker Sauvé in 1983 and Speaker Fraser
in 1993), the Speaker was absent from the House for a period of time due to
illness and was replaced over several consecutive sittings (Journals Index,
1983‑4, 1991‑1993, under “Speaker—Unavoidable Absence”).
[305] In 1983, for example, the Deputy Chairman and the Assistant Deputy
Chairman of Committees of the Whole, acting as Speaker, each opened sittings of
the House (Journals, June 28, 1983, p. 6098 (Assistant Deputy
Chairman); December 20, 1983, p. 60 (Deputy Chairman)). When the
Speaker became ill that year, the Deputy Speaker and Assistant Deputy Chairman
alternated days on which they took responsibility for opening the sitting. For
more recent examples, see Journals, February 7, 2003,
p. 385 (Assistant Deputy Chairman); November 19, 2004,
p. 235 (Deputy Chair); April 23, 2007, p. 1245 (Deputy Chair).
[310] See, for example, Debates, March 11, 1971,
pp. 4177‑8, when the Deputy Speaker appointed another Member (Mr.
Richard) to act as Chairman of a Committee of the Whole.
[311] Formerly, the Parliament of Canada Act explicitly included
the Deputy Speaker in the membership of the Board of Internal Economy
(R.S. 1985, c. P‑1, s. 50(2)). When the Act was amended in
1997 (S.C. 1997, c. 32) to give additional representation on the
Board to opposition parties, the Deputy Speaker was removed; but the government
then appointed the Deputy Speaker as one of its representatives on the Board (Journals,
December 11, 1997, p. 391).
[312]Standing Order 112. See, for example,
Journals, November 23, 1989, p. 78;
November 22, 2002, p. 220 (appointments of the Deputy Speaker to
chair legislative committees); February 24, 2005, p. 481
(appointment of the Deputy Chair to chair a legislative committee);
February 23, 1990, p. 1278 (appointment of the Assistant Deputy
Chairman to chair a legislative committee); May 25, 1993, p. 2999
(Deputy Speaker appointing Members to act as chairmen of legislative
committees).
[313]Journals, December 14, 1989, p. 1011;
March 21, 2001, pp. 208‑9; November 28, 2002,
p. 236. In the first instance when the Deputy Speaker (Marcel Danis) was
later appointed to the Cabinet, the House agreed that he should continue to
chair the special committee (Journals, March 6, 1990,
p. 1290).
[314] Formerly, the Parliament of Canada Act explicitly included
the Deputy Speaker in the membership of the Board of Internal Economy
(R.S. 1985, c. P‑1, s. 50(2)). When the Act was amended in
1997 (S.C. 1997, c. 32) to give additional representation on the
Board to opposition parties, the Deputy Speaker was removed; but the government
then appointed the Deputy Speaker as one of its representatives on the Board (Journals,
December 11, 1997, p. 391; January 31, 2001, p. 17).
The Deputy Speaker has not been a member of the Board since 2004.
[315]Parliament
of Canada Act, R.S. 1985, c. P‑1, s. 53.
[317] When reproached for indulging in politics, Deputy Speaker LaVergne
declared: “A deputy speaker is not supposed to be impartial when he is not in
the chair. Truth holds a greater place in the house than the opinion of the
hon. friend” (Debates, June 19, 1931, p. 2840).
[318]In
1914, for example, the involvement of Pierre‑Édouard Blondin (Deputy
Speaker) in a by‑election campaign gave rise to a motion moved in the
House by Sir Wilfrid Laurier (Leader of the Opposition) “That in the opinion of
this House, in the discharge of the duties and responsibilities of the Deputy
Speaker toward this House, he is bound by and subject to the same rules as
apply to Mr. Speaker, and that, therefore, he is disbarred from taking part in
electoral contests” (Debates, March 5, 1914, p. 1362). Prime
Minister Borden opposed the motion, arguing that the status of both the Speaker
and Deputy Speaker was based on custom and should the House find it necessary
to set rules for the Deputy Speaker, it would surely be necessary to do
likewise for the Speaker. No decision was taken and the motion was withdrawn (Debates,
March 5, 1914, pp. 1362‑70).
[320]Debates, March 8, 1993, pp. 16577‑81;
March 9, 1993, p. 16685.
[321] See, for example, Debates, October 12, 1979,
p. 134. Some recent occupants of the Chair have taken the decision to abstain
entirely from voting (David Kilgour, Deputy Speaker and Chairman of Committees
of the Whole in the Thirty‑Fifth Parliament (1994‑97); Ian
McClelland, Deputy Chairman of Committees of the Whole in the First Session
(1997‑99) of the Thirty‑Sixth Parliament).
[322]Debates, November 25, 1985, pp. 8777‑81.
Assistant Deputy Chairman Jean Charest took part in debate and a question of
privilege was raised the next day. The Speaker ruled that there is no rule that
would prevent a Presiding Officer (other than the Speaker) from speaking;
“whether one should or should not do so,” he said, “is a question of judgment
that various deputy Speakers have exercised in various ways” (Debates,
November 26, 1985, pp. 8821‑4).
[323]Debates, October 18, 1999, pp. 259‑61;
October 23, 2007, pp. 301-3.
[324] See, for example, Journals, February 9, 2005,
p. 408 (petition presented by the Deputy Speaker);
November 16, 2005, p. 1280 (petition presented by the Deputy Chair);
November 17, 2005, p. 1284 (petition presented by the Assistant
Deputy Chair).
[325] See, for example, Debates, April 21, 1997, p. 9986
(Deputy Chairman); May 15, 2006, p. 1363 (Assistant Deputy Chair);
June 8, 2006, p. 2144 (Deputy Speaker).
[326] On one occasion, following the passage of a bill, the Deputy
Speaker spoke briefly on it from the Chair (Debates, June 11, 1992,
pp. 11870‑1).
[327] There have been exceptions. In the 1976‑77 session, a private
Member’s bill was sponsored by Gérald Laniel, then Deputy Speaker. The bill
dealt with readjustment of electoral boundaries and (with several other such
bills) passed through the legislative process in the House without debate,
which could be taken as an indication that its contents were of a non‑partisan
nature (Journals, June 29, 1977, p. 1267; June 30, 1977,
pp. 1279‑80, Debates, p. 7236). In 2003, a private Member’s motion sponsored by Assistant Deputy Chair of Committees of the Whole Eleni
Bakopanos was debated without objection (Journals, April 30, 2003,
pp. 717‑8, Debates, pp. 5661‑3) as, in 2007, was a
private Member’s bill sponsored by Assistant Deputy Chair of Committees of the
Whole Andrew Scheer (Journals, February 27, 2007,
p. 1081, Debates, pp. 7407‑10; Journals,
April 27, 2007, pp. 1274‑5).
Peter Milliken was selected during a session
to be Deputy Chairman of Committees of the Whole (Journals,
October 29, 1996, p. 785‑9); on November 28, a private
Members’ bill, sponsored by him prior to his becoming a Chair Occupant, came
before the House for consideration at report stage. The bill, an amendment to
the Financial Administration Act, was concurred in, read a third time
and passed without debate (Journals, November 28, 1996, p. 935,
Debates, pp. 6889‑90). The sponsorship of another of Mr.
Milliken’s bills was, by leave of the House, transferred to another Member
after his appointment as a Presiding Officer (Journals,
February 19, 1997, p. 1151).
[328] On February 6, 1997, Peter Milliken, Deputy Chairman of
Committees of the Whole, placed a question on the Order Paper and it was
answered on April 15, 1997 (Debates, p. 9702).
Andrew Scheer, Assistant Deputy Chair of Committees of the Whole, did the
same on May 16, 2006. His question was answered on June 16, 2006 (Debates,
p. 2504).
[330] For further information on the opening of a Parliament, see
Chapter 8, “The Parliamentary Cycle”.
[331] In 1891, 1896, 1901 and 1935, the motion was moved by another
leading Minister instead of the Prime Minister. See Journals,
May 22, 1891, p. 159; August 27, 1896, p. 15;
February 11, 1901, p. 20; March 11, 1935, p. 209.
[332] Four of these Deputy Speakers were opposition Members: George
Henry Boivin (Debates, March 21, 1918, pp. 73‑4), Robert
McCleave (Debates, January 4, 1973, pp. 11‑2), Gérald
Laniel (who served in two Parliaments, over a change of government―1974‑79,
and 1979; see Debates, October 9, 1979, p. 15), and William
Blaikie (Journals, April 5, 2006, p. 21).
[333] The nominations of Robert McCleave (an opposition Member) and
Gérald Laniel (an opposition Member going into his second term as Deputy
Speaker) were seconded by the Leader of the Opposition (Journals,
January 4, 1973, p. 13; October 9, 1979, p. 20). The nomination
of Andrée Champagne (a government Member) was seconded by the Opposition
House Leader (Journals, May 15, 1990, p. 1705).
[334]Standing
Order 7(1) and (1.1). See also Journals, October 5, 2004,
pp. 14‑5; April 5, 2006, pp. 21‑2.
[335] Standing Order 7(2). The language requirement has been met (or
deemed met) in each Parliament since 1885. Beginning in the late 1950s, a
similar linguistic balance was maintained with respect to the Deputy Chairman
and Assistant Deputy Chairman of Committees of the Whole, although no such
requirement existed. In recent Parliaments, the approach has been to seek
bilingual candidates for these offices wherever possible. In the Thirty‑Eighth
Parliament (2004‑05), the first time a candidate was proposed by the
Speaker, consultations between the Speaker and the leaders of the parties ensured
that all parties deemed the language requirement to have been met.
[336] The motion to select Malachy Daly in 1885 was adopted on division (Debates,
February 10, 1885, pp. 72‑3). In 1911, the motion
nominating Pierre Blondin was debated and then adopted without division (Debates,
November 29, 1911, cols. 519‑25). In 1918, a Member objected to the nomination of George Henry Boivin; but again, the motion was adopted
without division (Debates, March 21, 1918, pp. 73‑5).
Only once has a recorded division been taken on the motion to select a Deputy
Speaker and Chairman of Committees of the Whole; this was in 1962, on the
motion to select Paul Martineau (Journals, January 18, 1962,
pp. 6‑7, Debates, pp. 5‑6).
[338] With few exceptions, the motion has been moved by the Prime
Minister; exceptions in this practice occurred in the selection of the Deputy
Chairman William Henry Golding in 1947 (Journals, March 28, 1947,
p. 258) and Peter Milliken in 1996 (Journals, October 28,
1996, p. 778); and in the selection of the Assistant Deputy Chairman
Charles DeBlois in 1990 (Journals, October 2, 1990, p. 2050).
In most cases, the motion is also seconded by a government Member; instances of
seconding by opposition Members occurred in the nominations of Gérald Laniel as
Deputy Chairman in 1973 (his fourth of five sessional appointments―Journals,
January 4, 1973, p. 13), Ian McClelland as Deputy Chairman in 1997
(Mr. McClelland was himself an opposition Member―Journals,
September 23, 1997, p. 13); the nomination of Charles DeBlois as the
Assistant Deputy Chairman was jointly seconded by two opposition Members (Journals,
October 2, 1990, p. 2050).
[339] The motion for the selection of the Assistant Deputy Chairman has
twice been the object of a recorded division. In 1990, an objection was raised
on the grounds that the opposition Bloc Québécois party had not been consulted
(Journals, October 2, 1990, p. 2050, Debates,
pp. 13657‑8). In 1996, the opposition parties contended that the
office should be held by an opposition Member; the motion nominating Pierrette
Ringuette‑Maltais was debated and adopted on a recorded division (Journals,
February 27, 1996, p. 4, Debates, pp. 9‑16; Journals,
February 28, 1996, pp. 9‑10, Debates, pp. 70‑1).
Also in 1996, the motion nominating a Deputy Chairman was decided on a recorded
division, after opposition Members argued that at least one Chair Occupant
should be selected from the opposition; a government Member, Bob Kilger, was
selected (Journals, February 27, 1996, p. 3, Debates,
pp. 6‑9). Later in the session, the nomination of Peter Milliken as
Deputy Chairman was debated at length, closured and agreed to following a
recorded division; in addition, the opposition moved an amendment (which was
defeated) in order to have one of its members appointed to the position (Journals,
October 28, 1996, pp. 778‑9; October 29, 1996,
pp. 785‑9).
[340] In 1997, Ian McClelland became the first opposition Member to
assume the office of Deputy Chairman of Committees of the Whole (Journals,
September 23, 1997, p. 13). In 2008, Denise Savoie was appointed
Deputy Chair of Committees of the Whole (Journals,
November 21, 2008, p. 21). In 2004, at the beginning of the
Third Session of the Thirty‑Seventh Parliament, Betty Hinton became the
first opposition Member to assume the office of Assistant Deputy Chair of
Committees of the Whole (Journals, February 2, 2004,
p. 4).
[342] Until 1931, Members who accepted certain positions in Cabinet were
required, pursuant to the Senate and House of Commons Act, to resign
their seats and seek re‑election (Senate and House of Commons Act,
R.S. 1927, c. 147, ss. 13 and 14). The Act (now called the Parliament
of Canada Act) was amended in 1931 to remove this requirement (R.S. 1930,
c. 52, s. 1).
[343]Journals, January 16, 1890, pp. 2‑4;
February 4, 1915, pp. 2, 4.
[344]Journals, January 21, 1890, p. 15;
February 9, 1915, p. 20.
[345] This part of the rule was amended in July 1955 to remove the
reference to the Address in Reply (Journals, July 12, 1955,
pp. 920‑1).
[346]Debates, January 14, 1960, pp. 3‑5;
January 18, 1962, pp. 4‑6.
[347] The House was informed of the death on March 5, 1935 (Debates,
pp. 1415‑7).
[353]Journals, May 15, 1990, pp. 1704‑5. In his
capacity as Deputy Speaker, Mr. Danis had been appointed Chairman of the
Special Committee on the Review of the Parliament of Canada Act (Journals,
December 14, 1989, p. 1011). After his appointment to Cabinet, he
continued, by leave of the House, to chair the Committee which continued
meeting until November 1990 (Journals, March 6, 1990,
p. 1290).
[356] See Appendix 4, “Deputy Chairs of Committees of the Whole
House Since 1938” and Appendix 5, “Assistant Deputy Chairs of Committees
of the Whole House Since 1967”.
[357] In 1952, Louis‑René Beaudoin, then Deputy Chairman, became
Deputy Speaker and Chairman of Committees of the Whole. In 1980, Rod Blaker,
then Assistant Deputy Chairman, became Deputy Chairman. In 1990,
Andrée Champagne, then Assistant Deputy Chairman, was selected to be
Deputy Speaker and Chairman of Committees of the Whole, as had Eymard Corbin in
1984.
[358] In 1970, Albert Béchard was appointed a Parliamentary Secretary,
and the Speaker announced to the House that Mr. Béchard had submitted his
resignation as Deputy Chairman of Committees of the Whole; the Prime Minister
then moved a motion appointing another Member to fill the position (Journals,
October 5, 1970, p. 1192, Debates, p. 8705). On
June 30, 1986, Jean Charest, the Assistant Deputy Chairman of Committees
of the Whole, was appointed Minister of State (Youth); no formal resignation
was communicated to the House and a replacement was selected in the next
session. In 1996, the Deputy Chairman of Committees of the Whole, Bob Kilger,
was appointed Chief Government Whip and was replaced on October 29; no
formal resignation was communicated to the House.
[359] The Prime Minister indicated to the House that the Deputy Chairman
(Charles Edward Rea) was seriously ill and that his wife, speaking on his
behalf, had requested that he be replaced (Debates, June 8, 1961,
p. 6015). The motion proposed the appointment of Gordon Campbell Chown,
“in the place of Charles Edward Rea … who is unable to carry on this duty
because of illness” (Journals, June 8, 1961, p. 640).
[360] Shirley Maheu was appointed to the Senate on February 1, 1996,
during the intersession.
[361] In 1982, the Deputy Chairman, Denis Ethier, resigned in protest
against procedural tactics employed by the Official Opposition (Debates,
July 8, 1982, pp. 19164‑5; July 14, 1982, pp. 19321‑6;
July 21, 1982, p. 19555) and in 1990, the Assistant Deputy Chairman,
Denis Pronovost, resigned following controversial remarks he had made (Debates,
May 31, 1990, pp. 12110, 12123‑4; June 1, 1990,
p. 12163).
[362] Keith Penner and Rod Blaker were appointed Parliamentary
Secretaries on October 10, 1975, and January 13, 1984, respectively.
The Speaker informed the House of their resignations on October 14, 1975 (Journals,
p. 754, Debates, p. 8091) and January 16, 1984 (Journals,
p. 74, Debates, p. 443).
[363] Speakers Brodeur, Marcil, Sévigny, Rhodes, Macdonald, Beaudoin,
Lamoureux, Francis and Milliken had all served as Deputy Speaker and Chairman
of Committees of the Whole prior to becoming Speaker. Speakers Beaudoin and
Milliken had, in addition, served as Deputy Chairman of Committees of the
Whole. In 1942, Thomas Vien was serving as Deputy Speaker when he was appointed
to the Senate, and became Speaker of the Senate shortly thereafter.
