The House of Commons delegates most of the detailed study of proposed legislation and the scrutiny of government policy and programs to its committees. In delegating these responsibilities, the House of Commons establishes specific terms of reference for their work through Standing Orders or, from time to time, by Special Orders of the House.
14.(a) Types of Committees
There are various types of committees.
Committees of the Whole (House) -- As the name suggests, such committees are composed of the entire membership of the House of Commons. They are established by the Standing Orders and examine appropriation bills. From time to time, the House sends other bills to Committee of the Whole to expedite their passage.
Standing committees -- These are committees appointed for the life of a Parliament to deal with subjects of continuing concern to the House. There are currently 19 standing committees as established by the Standing Orders adopted in January 1994. (See Appendices for a list of the Standing and Standing Joint Committees of the House of Commons.) For the most part, they parallel the government departments whose policy development, program administration and budgetary estimates they examine. Occasionally, the House may decide to send special inquiries to standing committees.
Legislative committees -- Legislative Committees are created on an ad hoc basis to examine bills in detail, and may report only the bill, with or without amendments, to the House.
Special committees -- Sometimes referred to as "task forces", special committees are appointed on an ad hoc basis by the House to study specific matters. Each special committee is established by a motion specifying its purpose and powers.
Joint committees -- These committees are composed of members of both the House of Commons and the Senate. They may be appointed under the Standing Orders of each House (Standing Joint) or they may be created by special resolutions of the two Houses (Special Joint).
Sub-committees -- Standing committees are free to delegate their responsibilities to any sub-committees they wish to create. These sub-committees may have all of the powers of the standing committee except the power to report directly to the House. Special committees may be given the power to create sub-committees if the House so decides, but legislative committees may only create a sub-committee on their agenda, commonly called a steering committee.
14.(b) Powers of Committees
Committees are given different kinds of powers by the House of Commons in relation to their specific tasks.
Standing committees
The powers of a standing committee are set out in the Standing Orders as follows:
to examine matters referred to it by the House;
to report to the House from time to time;
to send for persons, papers and records;
to sit while the House is sitting or stands adjourned;
to sit jointly with other standing committees;
to print necessary papers and evidence; and
to delegate to a sub-committee any of its powers except the
power to report to the House.
Standing committees are also empowered by the Standing Orders to study and report on all matters relating to the mandate, management and operation of government departments assigned to them; to review all Order in Council appointments referred to them; and to examine all permanently referred reports. In addition, certain standing committees are given special mandates as outlined in Standing Orders 83.1, 108(3) and 108(4).
Legislative committees
The powers of a legislative committee are set out in Standing Orders 113(5) and 120 as follows:
to examine and inquire into the bill referred to it by the House;
to report the bill with or without amendments;
and except when the House otherwise orders:
to send for persons whom the committee deems to be
competent to appear as witnesses on technical matters;
to send for papers and records;
to sit when the House is sitting or stands adjourned;
to print necessary papers and evidence; and
to retain the services of expert and technical staff.
Legislative committees may create only one kind of sub-committee, namely one on agenda and procedure.
Special committees
The powers of a special committee are those set out in its Order of Reference and do not include those listed in the Standing Orders unless specified in the Order of Reference. Like standing committees, special committees may also request additional powers by means of a report to the House if they have the permission to report from "time to time".
General
All committees are empowered to retain the services of such expert, professional, technical or clerical staff as may be necessary. Additional powers, such as the power to travel or to broadcast their proceedings through other than House facilities may also be granted by means of an Order of Reference from the House.
14.(c) Procedure and Rules of Order
Committees are regarded as creatures of the House and their proceedings are governed for the most part by the same rules which govern House proceedings, namely the Standing Orders, precedent and practice. The Standing Orders enumerate a few notable House rules which need not apply (e.g., the election of a Speaker, seconding of motions, limiting the number of times of speaking and the length of speeches). It must be stressed that these rules should not be interpreted as prohibiting committees from seconding motions or limiting the number of times a Member can speak. They are actually permissive in nature, freeing committees from adhering to the rules but leaving each committee to formulate its own rules and restrictions as long as it does not exceed the basic powers delegated to it by the House.
There are some significant differences between the rules of the House and those of committees. For example, while a Speaker's decision cannot be commented upon, the decision of a chairman may be appealed to the committee through a non-debatable motion and can be overturned by a majority of committee members. Furthermore, committees have no authority to decide a question of privilege. A question of privilege is a matter for the House to decide; a committee can decide only whether an alleged breach of privilege should be reported to the House. In general, the same rules and practices of the House apply to committees when considering motions and amendments. However, in committee, motions can be moved without notice and without a seconder; the previous question is not in order; a quorum must be present for a motion to be received and voted upon; and only an official member of a committee is entitled to move a motion.
14.(d) Committee Membership
Standing Committees
The initial list of members for each standing committee is drawn up by the Standing Committee on Procedure and House Affairs, as specified in the Standing Orders, roughly reflecting the party standings in the House of Commons. The Standing Orders specify that the membership of a standing committee shall consist of between seven and fifteen Members.
The Standing Orders also provide for "associate Members" of committees, who may be named to sub-committees of the main committees and who may serve as substitutes for one or a number of committee meetings. Substitutions may be made by any permanent member of a committee for any specific meeting by sending the name of a substitute from his or her list of not more than 14 names, previously filed with the clerk of the committee, to the Whip of his or her party, who shall forward the same to the clerk of the committee. (Substitutes must be Members of the same party.) Such a substitution is effective the day after notification has been forwarded to the Whip of the member's party (or, in the case of independent Members, the whip of the Official Opposition). When no notice of substitution has been filed by this method, the Whip of any recognized party may immediately effect a substitution by choosing a substitute Member from among the Members of his or her party on the list of associate members for that committee. This is in keeping with the spirit of parliamentary reform which pressed for stability of membership in standing committees. Permanent changes in committee membership recommended by the Standing Committee on Procedure and House Affairs can come into effect only when the House concurs in its report. This is also the case with legislative committees.
Among other rights, a member of a committee may participate in debate, question witnesses, move motions, vote and be counted in the quorum. A substitute member may act only in the absence of one of the regular members of the same party after having been officially so designated, and may only then be counted in the quorum. Any Member of the House who is not a member of the committee may, unless the House or the committee otherwise orders, take part in the public proceedings of the committee but may not vote, move motions or be part of a quorum.
Legislative Committees
At the beginning of each session, the Speaker appoints in proportionate numbers from government and opposition parties, as many as twelve Members to act as chairmen of legislative committees, who, together with the Deputy Speaker and Chairman of Committees of the Whole, the Deputy Chairman of Committees of the Whole and the Assistant Deputy Chairman of Committees of the Whole, constitute a Panel of Chairmen for the legislative committees.
Within five sitting days after the commencement of debate on a motion to appoint a legislative committee or to refer a bill thereto, the Standing Committee on Procedure and House Affairs will meet and prepare a list of members to be on this legislative committee. The committee will only be organized after the House adopts the motion for appointment or referral. The report by the Procedure and House Affairs Committee is deemed adopted upon presentation, and once the report is adopted, the Speaker will appoint a chairman for that committee from the Panel of Chairmen.
The Standing Orders specify that legislative committees shall not consist of more than 15 Members. Legislative committees follow the same rules regarding attendance at meetings of Members of the House who are not members of the legislative committee, but the substitution rules differ slightly. A change in the membership of legislative committee is effective immediately upon the receipt by the clerk of the committee of the notice of a substitution signed by the chief whip of a recognized party.
Special Committees
The members of a special committee may be appointed in the same motion which establishes the committee or later by the Standing Committee on Procedure and House Affairs. Its membership is limited to 15 pursuant to the Standing Orders. The motion establishing the committee may also name its chairman.
14.(e) Organization meeting
Standing Committees
The organization meeting of a standing committee (to be convened within ten sitting days following the adoption by the House of a report of the Standing Committee on Procedure and House Affairs) is called on instruction from the Clerk of the House (a) to elect its chairman and two vice-chairmen, of whom two are Members of the government party and the third a Member of the Opposition, and (b) to deal with items of routine business. The chairman is elected by the committee to serve as its presiding officer and the spokesman through whom all matters are channelled.
After the election of the chairman and vice-chairmen, the committee usually determines a number of routine procedural and administrative matters. The committee through a motion establishes its steering committee (formally called the Sub-committee on Agenda and Procedure) by specifying the number of party representatives who will sit with the chairman as members to recommend how the committee should proceed to consider its Orders of Reference, and to advise on such topics as selection of witnesses and the schedule of meetings. Further, the committee may, by motion, authorize the chairman to hold meetings without a quorum in order to receive and print evidence, usually setting a minimum number of members who must be present at the meetings, and sometimes stipulating other conditions, for example, that both government and opposition parties be represented. Under no circumstances can a committee consider a motion or vote without a quorum present.
Legislative Committees
Organization meetings in legislative committees differ slightly from those of standing committees. Since the chairman of a legislative committee is appointed by the Speaker from the Panel of Chairmen, no election is necessary. The chairman begins the meeting by announcing his or her appointment and then invites members to move the routine business motions (e.g., to establish a steering committee, etc.).
Special Committees
The organization meeting for a special committee is convened at the earliest opportunity. If the House has not named the chairman in the motion establishing the committee, the committee will proceed to the election of a chairman and two vice-chairmen as its first order of business. Afterwards, it will proceed to adopt the other routine motions common to all committees.
14.(f) Meetings
The Sub-committee on Agenda and Procedure (commonly called the steering committee) meets at the call of the Chair to consider what future business it should recommend to the committee. When the committee has decided upon a schedule of meetings, the clerk sends a notice of the meeting(s) to all members of the committee and to other affected persons. The Standing Orders empower standing committees to sit while the House is sitting and when the House stands adjourned. However, certain restrictions do apply. During periods when the House is sitting, priority is given to meetings of committees considering legislation or estimates over meetings of committees considering other matters. During periods when the House stands adjourned, priority is given to meetings of standing, special and joint committees, according to a schedule established from time to time by the Chief Government Whip, in consultation with representatives of the other parties.
Technically, a committee may start its proceedings only once a quorum is present. However, by adopting a motion to that effect, the committee may authorize the chairman to hold meetings and print evidence when a quorum is not present. Quorum is defined in Standing Order 118(1) as the majority of the members of a standing, special or legislative committee, including the chairman. In the case of joint committees, the number of members constituting a quorum will be determined by the House acting in consultation with the Senate but until the committee is instructed, it is a majority of the Members from each House.
In Camera Meetings
Committee meetings are usually open to the public and the media. If a committee wishes to deliberate in private, it may decide to hold in camera meetings. Such meetings are usually ordered when the committee is considering some administrative matter such as a proposed budget or the hiring of staff or when it is drafting a report. As Beauchesne explains, "The purpose of in camera sittings is to allow Members to feel free to negotiate, discuss, deliberate and, sometimes, compromise without the glare of publicity, which might add to the difficulties of agreeing ...".
Normally, Members of Parliament who are not members of a committee are permitted to attend in camera meetings unless the committee otherwise orders.
Meeting Outside the Precincts of Parliament
For a committee to meet outside the precincts of Parliament, it must have the authority of the House to do so and it must have sufficient funds to cover its expenses. The authority of the House is obtained in various ways: through the Order of Reference originally given to the committee; through a Special Order negotiated with the House Leaders and passed by the House; or through a committee making a report to the House and having this report concurred in.
Committees which hold formal meetings in Canada usually make records of their proceedings available. When travelling outside Canada, committees do not usually hold formal meetings nor are their proceedings published.
Broadcasting
From time to time, special motions have been adopted by the House to authorize committees to broadcast their proceedings. The changes adopted in April 1991 brought the matter of broadcasting into the Standing Orders for the first time. Committees wishing to have their proceedings televised, other than by means of the House of Commons facilities provided for that purpose, must first obtain the consent of the House. Those obtaining consent may permit the presence of the electronic media at their meetings, subject to the guidelines adopted by the House in April 1993.
14.(g) Witnesses
To seek information about the matters it is considering, a committee may invite interested parties to testify before it and/or to submit written briefs. In this regard, a distinction can be made between different types of committees. A legislative committee studying a bill is somewhat more circumscribed than a standing or special committee conducting an inquiry into a subject matter since the Standing Orders empower a legislative committee only to invite as witnesses those persons it deems competent to appear on technical matters.
Since time constraints may make it impossible for committees to hear testimony from every individual and group requesting to be heard, steering committees usually consider lists of potential witnesses and make recommendations to the full committee. The committee decides to whom invitations will be issued. Individuals and groups not invited to appear are usually asked to submit briefs.
Witnesses enjoy the protection of the House for the testimony they give before the committee. The committee may require a witness to be examined under oath or affirmation which may be administered by the chairman or the clerk of the committee. At the committee's discretion, witnesses may also be permitted to have counsel assist them. Every witness has the right to address a committee in either official language.
Public servants who appear before committees do so as representatives of, and are subject to the instructions of, their Ministers. Public servants may be prevented from answering certain questions relating, for example, to confidential advice given to Ministers; to the private affairs of individuals, companies or institutions on which information has been supplied in confidence; to matters which are the subject of sensitive negotiations between governments; and to specific cases which are sub judice.
In those instances where the committee requires the testimony of a witness who has refused an invitation to appear, the committee has the power, under the Standing Orders, to issue a formal summons. Should a witness refuse to appear after a formal summons has been issued, or should a witness refuse to answer questions, the committee's only recourse is to report the matter to the House.
14.(h) Documents
The Standing Orders also empower committees to send for papers. When a committee begins an examination into a particular subject-matter, it may decide to advertise for interested persons to submit briefs or it may request that particular documents be produced.
When an individual or organization has refused to provide a document requested by a committee, the committee may pass a motion ordering the production of that document. The committee, however, can only insist upon those papers which the House itself, according to its rules and practices, can demand. If the order to provide the document is not complied with, the committee may choose to report the matter to the House.
14.(i) Committee Inquiries
Since the procedural reforms of the mid-1980s, there are now many types of inquiries that may be conducted by standing committees. Following is a brief explanation of the characteristics of each type of study.
Permanent mandates under Standing Order 108(2)
The operation of standing committees has dramatically changed since they have been given the power to initiate their own studies. Standing Order 108(2) gives standing committees the wide-ranging authority to "study and report on all matters relating to the mandate, management and operation of the department or departments of government which are assigned to them...". This power permits standing committees to examine the related statutes, programs, policy objectives, expenditure plans, and management of the department.
Specific mandates are given for certain standing committees such as Procedure and House Affairs, Canadian Heritage, Human Rights and the Status of Persons with Disabilities, Finance and Public Accounts, and to the standing joint committees on the Library of Parliament, Official Languages and Scrutiny of Regulations.
The Standing Orders elaborate special powers for two of these committees: the Standing Joint Committee for the Scrutiny of Regulations with regard to delegated legislation and the Standing Committee on Procedure and House Affairs with regard to the conduct of Private Members' Business and the membership of committees.
Special Orders of Reference
The House has always had the power to order a committee to undertake a study into a particular subject-matter. The order may specify how long the committee has to conduct its inquiry, may include the authority to travel, and may even instruct the committee to establish a sub-committee to deliberate on certain aspects of the subject. When a standing committee receives a special Order of Reference from the House, it acts much like a special committee and the report which it makes to the House must be limited to its specific terms of reference.
Annual Reports Deemed Referred
Standing Order 32(5) now reads: "Reports, returns or other papers laid before the House in accordance with an Act of Parliament shall thereupon be deemed to have been permanently referred to the appropriate standing committee."
This rule effectively covers most reports issued by government departments and agencies. Internal departmental studies and the reports of royal commissions or commissions of inquiry are not covered under this rule.
Order in Council Appointments
Amendments to the Standing Orders in February 1986 authorize standing committees to review Order in Council appointments and nominees for all but judicial posts. This is a review procedure only and does not include authority to revoke or disallow any Order in Council appointment or nomination.
Where an individual has been appointed by Order in Council to a certain non-judicial post, a Minister of the Crown must table a certified copy of the Order within five sitting days after it has been published in the Canada Gazette. Where an individual has been nominated to a certain non-judicial post, a Minister of the Crown, although under no obligation, may table a certificate indicating such a nomination.
In either case, the name of the appointee or nominee is referred to a standing committee, specified at the time of tabling, for committee consideration during a period not exceeding 30 sitting days. The general terms of reference allow the committee to examine the individual's qualifications and competence to perform the duties of the position; the committee may also call the individual to appear before it and has ten sitting days to complete its examination of the appointee or nominee. Finally, upon written application from the clerk of the committee, the office of the Minister who recommended the appointment will provide the committee with the curriculum vitae of the
appointee or nominee.
Should the committee choose to report to the House, the Standing Orders do not oblige either the House or the Governor in Council to take any further action upon a favourable or unfavourable report.
14.(j) Reports to the House
Committees make their views and wishes known by tabling reports in the House, reflecting the opinion of the majority of the committee. Separate minority reports may not be presented to the House, although a brief appendix containing dissenting or supplementary opinions or recommendations may be printed with any report after the chairman's signature.
Reports may deal with routine matters affecting the operations of a committee; for example, requesting the power to travel or recommending that the deadline set by the House for submitting the final report of the committee be extended. When a legislative committee has completed its study of a bill, it must report the bill with or without amendment. A standing committee studying estimates may present a report, usually limited to a brief statement indicating that it has examined the estimates and is returning them to the House as agreed to, reduced, or negatived. Finally, a committee, following the completion of an inquiry, usually tables a detailed report containing its findings and recommendations.
The Standing Orders allow a committee to request that the Government table a comprehensive response to its report within 150 calendar days of the presentation of the report.
14.(k) Concurrence
On occasion, the committee instructs its chairman to seek the concurrence of the House in its report (usually for reports dealing with the operation of a committee). However, any Member of the House may move a motion for concurrence in a committee report. A notice of such a motion must be submitted in writing 48 hours before it may be considered by the House during Routine Proceedings. (Motions to concur in the reports of committees charged to prepare and bring in bills are discussed in Chapter 11.)
