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Governance and Administration By-Law

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BOARD OF
INTERNAL ECONOMY

Governance and
Administration By-Law

Current as of June 16, 2022


HOUSE OF COMMONS OF CANADA

Governance and
Administration By-Law

Definitions

Definitions

1The definitions in this section apply in this By-law.

appropriation means any authority of Parliament to pay money out of the Consolidated Revenue Fund. (crédit)

House Administration means the Clerk of the House of Commons and the employees under the Clerk’s authority. (Administration de la Chambre)

parliamentary functions has the same meaning as in the Members By-law. (fonctions parlementaires)

premises means any place provided for the use of the House of Commons, its committees, and members or the House Administration, and any place where the House or any of its committees sits and includes a Member’s constituency office. (locaux)

House Administration

Activities

2(1)The House Administration, acting under the authority of the Board, shall be responsible for the following administrative support activities:

  • (a)support of the House and its committees in the conduct of their proceedings;

  • (b)support of Members in carrying out their parliamentary functions in accordance with the Parliament of Canada Act and any by-laws and policies of the Board; and

  • (c)support of the Board in carrying out its functions under the Parliament of Canada Act and any by-laws made under that Act.

Internal administration

(2)The House Administration, acting under the authority of the Board, shall be responsible for the management of its administrative affairs.

Board of Internal Economy

Policy decisions

3The Board may make policy decisions to govern

  • (a)the use of funds, goods, services and premises provided for the House, its committees and Members;

  • (b)the House Administration; and

  • (c)the application of any by-law.

Contracting party

4The Board is the contracting party for all contracts, memoranda of understanding or other arrangements whether signed in the name of the Board or in the name of the House.

Employer

5The Board is the employer of the employees of the House Administration.

Clerk

Management responsibilities

6(1)The Clerk of the House of Commons, acting under the authority of the Board, shall be responsible for the management of the House Administration.

Financial responsibilities

(2)The Clerk, acting under the authority of the Board, shall be responsible for financial matters relating to the House Administration, including the establishment of a system of internal financial controls for the House.

Contracts

(3)The Clerk may, on behalf of the Board for the purpose of section 4, enter into and terminate any contracts, memoranda of understanding or other arrangements on behalf of the Board or of the House respecting employment or for the provision of goods, services and premises for the use of the House, its Members or the House Administration.

Employer responsibility

(4)The Clerk, acting under the authority of the Board, shall carry out the functions of the Board as employer.

Advise Board

(5)The Clerk may from time to time, or as requested by the Board, advise the Board or the Speaker on behalf of the Board, on the activities of the House Administration.

Matters for attention of Speaker or Board

(6)The Clerk shall bring to the attention of the Speaker any matter that, in the Clerk’s opinion,

  • (a)warrants the attention of the Speaker or the Board; or

  • (b)is a matter in respect of which direction should be sought from the Speaker or the Board.

Clerk’s Management Group

Mandate

7(1)The management committee called the Clerk’s Management Group shall assist the Clerk in fulfilling the functions of the Clerk, including setting directions and priorities for the House Administration and harmonizing and coordinating the policies and procedures established within the various administrative sectors of the House Administration.

Membership

(2)The Clerk’s Management Group shall be chaired by the Clerk and also be composed of the following senior officials:

  • (a)the Deputy Clerk;

  • (b)the Sergeant-at-Arms;

  • (c)the Law Clerk and Parliamentary Counsel;

  • (d)the Chief Information Officer;

  • (e)the Chief Financial Officer; and

  • (f)the Chief Human Resources Officer.

Responsibilities

8Each official referred to in paragraphs 7(2)‍(a) to (f), with respect to administrative decisions within their administrative sector,

  • (a)is subject to the direction of the Clerk;

  • (b)is responsible to the Clerk for all decisions taken by the official;

  • (c)shall establish policies within their administrative sector that respect the applicable decisions of the Board and are aligned with the policies in other administrative sectors;

  • (d)shall ensure compliance with the By-laws made by the Board;

  • (e)shall advise the Clerk of any matters relating to the use of funds, goods, services or premises that, in the opinion of the official, should be brought to the attention of the Clerk or in respect of which direction is sought;

  • (f)shall provide, as required, information to the Clerk respecting the House Administration; and

  • (g)shall prepare, as necessary, submissions and briefing notes to the Board or any standing committee of the House.

Senior Officials’ Responsibilities

Deputy Clerk

9The Deputy Clerk shall ensure that procedural services are provided to the House and its committees and shall perform such other functions as the Clerk may assign.

Sergeant-at-Arms

10The Sergeant-at-Arms shall ensure that security serv­ices are provided to the House and its committees and shall perform such other functions as the Clerk may assign.

Law Clerk and Parliamentary Counsel

11(1)The Law Clerk and Parliamentary Counsel shall ensure that legal services are provided to the Speaker, the Board, committees of the House, its Members, the Clerk and the officials of the House Administration, shall ensure that legislative services are provided to Members and committees of the House and shall perform such other functions as the Clerk may assign.

Printing

(2)The Law Clerk and Parliamentary Counsel shall be responsible for the printing of government bills and private Members’ bills, ensuring that the bills are correctly printed or reprinted as may be required by the House, a standing committee or the Speaker.

Chief Information Officer

12The Chief Information Officer shall ensure that information management and information technology serv­ices are provided to the House and its committees and shall perform such other functions as the Clerk may assign.

Chief Financial Officer

13The Chief Financial Officer shall ensure that financial management services are provided to the House and its committees, shall assist the Clerk in the implementation and maintenance of the system of internal financial controls referred to in subsection 6(2) and shall perform such other functions as the Clerk may assign.

Financial statements

14The Chief Financial Officer shall submit to the Board, in respect of each fiscal year, each quarter of each fiscal year, or any other period directed by the Board, a financial statement for the House, or any part of its organization.

Chief Human Resources Officer

15The Chief Human Resources Officer shall ensure that human resources services are provided to the House and shall perform such other functions as the Clerk may assign.

Finance

Budget, amount, allowance, etc.

16(1)Subject to subsections (4) to (5), in respect of eve­ry fiscal year, the Board shall set the budgets, amounts, allowances, rates and limits for the funds, goods, services and premises provided for in the by-laws and under any Act of Parliament, within the amount appropriated for that purpose by Parliament.

Effective date

(2)A Board decision related to the budgets, amounts, allowances, rates and limits referred to in subsection (1) may be made effective on the commencement of the fiscal year to which it relates, provided that any expenditure resulting from such a decision is covered by funds available under an appropriation by Parliament.

Amendments

(3)At any time during a fiscal year, the Board may amend or put conditions on the application of a budget, amount, allowance, rate or limit set in accordance with subsection (1), provided that any expenditure resulting from the amendment or conditions is covered by funds available under an appropriation by Parliament.

Rates and limits

(4)The Chief Financial Officer, acting under the authority of the Board and subject to any conditions set by the Board, shall

  • (a)set the rates and limits for the funds, goods and services described in the following provisions of the Members By-law:

    • (i)section 31, with respect to the purchase of any satellite phones that fall within the scope of paragraph 31(b), and sections 47 and 50,

    • (ii)subparagraphs 57(1)‍(a)‍(viii), (x) and, subject to subsection (4.‍1), (xiv),

    • (ii.‍1)subsection 57(2.‍1), with respect to the limit for each event or activity,

    • (iii)subsection 58(2), with respect to the reimbursement limit for entry fees charged to participate in an event or activity, and

    • (iv)section 60;

  • (b)specify the circumstances in which the rates and limits referred to in paragraph (a) apply; and

  • (c)report those rates, limits and circumstances to the Board members at least annually and at any other interval set by the Board.

Limits for computing devices

(4.‍1)The Chief Information Officer, acting under the authority of the Board and subject to any conditions set by the Board, shall set the limits for any computing devices that fall within the scope of subparagraph 57(1)‍(a)‍(xiv) of the Members By-law.

Remuneration limit

(5)The Chief Human Resources Officer, acting under the authority of the Board and subject to any conditions set by the Board, shall set the limit for the remuneration described in subparagraph 57(1)‍(a)‍(i) of the Members By-law, as well as the circumstances in which the limit applies, and shall report the limit and circumstances to the Board members at least annually and at any other interval set by the Board.

Decision of the Board

(6)The rates and limits set in accordance with subsection (4) and the limits set in accordance with subsection (4.‍1) or (5) are considered to be decisions of the Board.

Expenditures

Restriction

17(1)No expenditure pertaining to the House Administration may be made unless the funds are available under an appropriation by Parliament.

Policies

(2)Expenditures or claims pertaining to the House Administration are to be made in accordance with the policies established by the Clerk in consultation with the Chief Financial Officer.

Audit

Audit

18The Board shall appoint an external auditor or external auditors to audit the financial records of the House of Commons or any part of its organization that the Board considers should be audited.


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