6. The Physical and Administrative Setting

The House of Commons is one of three constituent elements of the Parliament of Canada. ^[95]  The other two elements are the Senate and the Sovereign, represented in Canada by the Governor General. The House of Commons is not a department of the Government of Canada, although its administrative structure may be described as generally comparable to that of a government department. One of the privileges of the House is its right to independent regulation of its own internal affairs. ^[96]  The House may voluntarily follow administrative policies of the government, but it cannot be compelled to do so, and it is also free to develop new policies and practices. ^[97] 

The House administration exists to support the activities of Members individually and collectively in their various roles as legislators in the House and in committees, as representatives of their constituents, and as members of their respective party caucuses. As well as serving Members elected for the duration of a Parliament, the administration also serves the House as an institution. ^[98] 

In 1964, the administrative structure of the House of Commons was the subject of an important review which noted significant changes in the nature, volume and complexity of House services and recommended an administrative reorganization. ^[99]  The origins of the modern administrative structure of the House may be traced to a major comprehensive audit carried out by the Auditor General in 1979 and 1980. In 1978, wishing to support a program of expenditure restraint undertaken by the government, the Speaker asked the Standing Committee on Management and Members’ Services to suggest possible economy measures for the House. ^[100]  Out of this came a recommendation from the Committee for a complete and independent review of the House administration. ^[101] 

At the Speaker’s request, the Auditor General reviewed the administration of the House of Commons, submitting an interim report in October 1979 and a final report early in 1981. ^[102]  The Auditor General noted that services to Members were of high quality; however, fundamental weaknesses and a number of significant deficiencies were identified. ^[103]  These findings led to a major realignment of the administrative structure of the House, which has continued to evolve to meet changing circumstances and demands. Another comprehensive audit undertaken by the Auditor General in 1990-91 found a greatly improved quality of general and financial administration. ^[104] 

The administrative structure of the House is not set out in any single text or piece of legislation. The organization required to support the activities of the House has evolved and expanded over the years in response to the needs of an increasingly complex system of government. Provisions for various aspects of the administration are found in legislation, ^[105]  the Standing Orders, ^[106]  by-laws made by the Board of Internal Economy, internal policy manuals and in the unwritten practices developed over time.

Elected by the Members of the House, the Speaker holds a position of authority and represents the Commons in all its powers, proceedings and dignity. ^[107]  The Speaker is guardian of the rights and privileges of the House, and spokesperson for the House in its relations with the Senate, the Sovereign and other authorities outside Parliament; when in the Chair, he or she is responsible for regulating debate and preserving order in accordance with the rules of the House. ^[108]

In addition to the more visible roles as representative of the House and presiding officer in the Chamber, the Speaker is at the head of the administration of the House of Commons and holds extensive responsibilities in that regard. The Speaker is responsible for the overall direction and management of the House of Commons administration, ^[109]  much as a Cabinet Minister is responsible for a department.

The House has a number of unique characteristics that have a direct impact on how it functions and is managed. As part of its corporate rights and privileges, the House of Commons, through the Speaker, holds exclusive jurisdiction over its premises and the people within. The administrative activities of the House are numerous and diverse. All matters of finance and administration are overseen by the Board of Internal Economy, a statutory body of Members of Parliament. The House is accommodated for the most part in heritage buildings, which are recognized national symbols. These and other characteristics inevitably produce a necessarily complex administrative decision-making process.

The Board of Internal Economy is the governing body of the House of Commons. It has a long statutory history, originating in 1868 with the passage of An Act respecting the internal Economy of the House of Commons, and for other purposes. ^[110] 

Membership

The membership of the Board consists of the Speaker, who acts as its Chair, two Ministers of the Crown (appointed to the Board by the Governor in Council), the Leader of the Opposition or his or her representative, and additional Members appointed in numbers resulting in an overall equality of government and opposition representatives (apart from the Speaker). All recognized opposition parties (i.e., those holding at least 12 seats in the House) are given representation on the Board. When there is only one recognized opposition party in the House of Commons, the caucus of that party appoints two members of the Board and the government caucus appoints one. When there is more than one recognized opposition party, each opposition caucus appoints one member of the Board; the government caucus appoints a number of members of the Board that is one less than the total number appointed by the opposition caucuses. ^[111]  The Speaker informs the House of appointments within 15 sitting days after they are made. ^[112]  Each Member of the Board is required to take an oath or affirmation “of fidelity and secrecy”, administered by the Clerk of the House. ^[113] 

The Clerk of the House is the Secretary to the Board of Internal Economy. ^[114]  When Parliament is dissolved, members of the Board retain their functions until they are replaced. ^[115]  This ensures continuity in the administrative leadership of the House; the practice has been that decisions taken by the Board while Parliament is dissolved are confined to those of a housekeeping nature.

Chairperson

Meetings of the Board of Internal Economy are chaired by the Speaker of the House. Five members, including the Speaker, constitute a quorum. ^[116]  In the event of the death, disability or absence of the Speaker, five members of the Board constitute a quorum; one must be a Minister. The members present then designate one of themselves to chair the meeting. ^[117] 

Mandate and Authority

The powers and authority of the Board flow from provisions of the Parliament of Canada Act, the Standing Orders of the House of Commons, and the Parliamentary Employees and Staff Relations Act. Under the Parliament of Canada Act, the Board has legal authority to “act on all financial and administrative matters respecting the House of Commons, its premises, its services and its staff; and the Members of the House of Commons”. ^[118]  The Board examines and approves the annual budget estimates of the House before the Speaker transmits them to the President of the Treasury Board, who will then lay them before the House with the estimates of the government. ^[119]  All sums of money voted for the House by Parliament are released by order of the Board. In other words, the Board of Internal Economy manages all operating and administrative expenses of the House, including employee salaries and amounts payable to Members (i.e., their sessional indemnities, expense allowances, travel and communications costs). In administrative matters, the Board is responsible for managing the premises, services and staff of the House as well as those goods, services and premises made available to Members to carry out their parliamentary duties.

Pursuant to the Standing Orders of the House, the Board approves and controls the budget expenditures of the committees of the House of Commons, and must table an annual financial report outlining the expenses incurred by each committee. ^[120]  The rules further require that when the Board has reached a decision concerning any budget presented to it, the Speaker shall lay upon the Table the record of the Board’s decision. ^[121] 

In accordance with the Parliamentary Employee and Staff Relations Act, the Board is deemed to be the employer of the staff of the House of Commons, as defined in the Act (the chief exception being Members’ staff, who are deemed to be employed by the Members). ^[122]  As employer, the Board approves salary scales for non-unionized employees and authorizes officials of the House to negotiate the renewal of the collective agreements of unionized employees and ratifies such agreements.

Pursuant to the Standing Orders, a member of the Board is designated to be responsible for answering any questions pertaining to the administration of the House which may be put during Question Period. ^[123] 

By-laws and Decisions of the Board

The Board is authorized by the Parliament of Canada Act to make by-laws governing Members’ use of the funds, goods, services and premises made available to them. When the Board makes a by-law, it must be tabled in the House within 30 days of its making, or deposited with the Clerk if the House is not sitting. ^[124] 

The Standing Orders require the Speaker to table at the beginning of each new session of Parliament a report of decisions of the Board of Internal Economy for the previous session. ^[125]  Early in the Thirty-Fifth Parliament (1994-97), a new practice was instituted whereby records of the Board’s decisions (typically, in the form of minutes) are tabled in the House as soon as they have been approved by the Board. ^[126] 

The Executive Committee is responsible for management policy and major decision-making involving general administrative practices, security, and financial and personnel administration of the House. It is chaired by the Speaker and composed of the Deputy Speaker, the Clerk, the Sergeant-at-Arms and a senior official responsible for financial services and human resources.

Some of the duties of the Standing Committee on Procedure and House Affairs also deal with the administration of the House. The Committee’s mandate includes, among other things, reviewing and reporting to the House and to the Board of Internal Economy on:

• issues concerning the management of the House and the provision of services and facilities to Members;
• the effectiveness and management of operations under the joint control of the House of Commons and the Senate;
• radio and television broadcasting of proceedings of the House and its committees; and
• matters relating to the election of

In addition, the Committee considers the budgetary estimates of the House of Commons, including the Report on Plans and Priorities and the Performance Report, just as other committees consider departmental estimates. ^[127] 

Members are supported in their parliamentary functions by services administered by the Clerk of the House ^[128]  who, as the chief executive of the House administration, reports to the Speaker. The Clerk is appointed by Order-in-Council ^[129]  and is the senior permanent official of the House. The Clerk advises and supports the Speaker, the House and its committees in all procedural and administrative matters, and acts as Secretary to the Board of Internal Economy. The staff and administration of the House come under the control of the Clerk. ^[130]  The Standing Orders establishing the procedural and administrative functions of the Clerk have changed little since Confederation; however, the responsibilities of the office have evolved considerably as the administrative apparatus of the House has become more complex.

The Clerk is responsible for maintaining records of the proceedings of the House and for keeping custody of these records and other documents in the possession of the House. ^[131]  The Standing Orders also require the Clerk to provide the Speaker, prior to each sitting of the House, with the official agenda for the day’s proceedings, published under the title Order Paper and Notice Paper. ^[132]  This rule has traditionally been interpreted to mean that the Speaker must be in possession of the current Order Paper and Notice Paper in order for the day’s proceedings to begin.

All decisions of the House are authenticated by signature of the Clerk. At the beginning of a Parliament, the Clerk administers the oath of allegiance to all duly elected Members. The Clerk also administers an oath to Members joining the Board of Internal Economy. ^[133]  In addition, the Clerk is responsible for administering the oath of allegiance to all employees of the House administration. ^[134] 

Reporting to the Clerk are senior officials who are responsible for the various organizational units of the House administration (i.e., parliamentary precinct services, procedural services in the House and committees, and corporate resources). The Sergeant-at-Arms, the Deputy Clerk and the Clerks Assistant have duties in the Chamber when the House is sitting as well as administrative responsibilities.

The Sergeant-at-Arms ^[135]  assists the Clerk as head of parliamentary precinct services, performing certain ceremonial functions and being responsible for security and building services. The ceremonial role of the Sergeant-at-Arms entails accompanying the Speaker, as Mace-bearer, on all parliamentary functions. ^[136] When engaged in ceremonial functions and when attending sittings of the House, the Sergeant-at-Arms is attired formally in black tailcoat and cocked hat, with a sword signifying the authority of the office. ^[137] 

As regards security, the Sergeant-at-Arms is responsible for the protection and security of Members, employees, visitors and property within the parliamentary precinct. ^[138]  This includes personal security for the Prime Minister in the precinct of Parliament, and maintaining order in the Chamber and all the parliamentary buildings. The Sergeant-at-Arms is also responsible for parking control on Parliament Hill by agreement with the Royal Canadian Mounted Police, and for maintaining accommodation for Members and staff of the House of Commons.

From time to time since Confederation, the Clerk of the House has also been assisted by a Deputy Clerk and one or more Clerks Assistant, ^[139]  who act as Table Officers and assume various responsibilities in the administration of the House of Commons. ^[140]  Appointments to the position of Clerk Assistant have been made at various times either by the Speaker; ^[141]  by Order-in-Council; ^[142]  or, more recently, some have been made under the administrative authority of the Executive Committee on the recommendation of the Clerk of the House.