CIMM Committee Report

Position that the Motion as presented to the committee by Mr. Siksay was Out of Order is supported by the text found within House of Commons Procedure and Practice — Marleau and Monpetit, ed. 2000.

At Chapter 20, page 878 dealing with subject matter studies, the text provides that, “Committees sometimes hold hearings not for the purpose of preparing recommendations for the House but simply in order to stay informed with respect to an important topic within their mandate. In most cases, however, the committee will present a report to the House, outlining the evidence which it received, summarizing its deliberations and presenting its recommendations.”

“Typically, a committee will begin with a background briefing provided by the committee research staff or departmental officials. The committee will then invite testimony and briefs from interested parties. During the evidence-gathering phase, the committee may travel to broaden the range of witnesses heard and to visit sites and facilities relevant to the study. Following the gathering of evidence, the committee will provide drafting instructions to the staff assigned to prepare the report. Once the draft report has been circulated to the members, the committee will meet to consider it and propose any alterations necessary to accurately reflect the committee’s views. Committees often consider draft reports at in camera meetings, but reports are also considered in public session. Once the committee has agreed to the final version of the report, it is presented to the House.” (pg. 878)

“Committees make their views and recommendations known to the House by way of reports. There are several types of reports that committees may present, including: reports dealing with routine matters affecting a committee’s operation, and reports following the completion of an inquiry into some matter referred by the House, or related to the mandate, management or operation of a committee’s designated ministry or area of responsibility.” (page 879)

The text at page 886 goes on to provide the type and context of a Motion with respect to a Report. The text reads as follows, “Recommendations in committee reports are drafted in the form of motions so that, if the reports are concurred in, the recommendations become clear orders or resolutions of the House. In framing their recommendations, committees cannot exceed the authority of the House. Most importantly, with respect to the expenditure of funds or the introduction of legislation, committees may recommend only that the government ‘consider the advisability’ of such measures.”

Other forms of motions that accompany the formulation of a report are procedural and are set out as follows, “Once committee members have agreed on the contents of the report, it is formally, adopted by motion. The committee then specifies clearly and explicitly, by way of a motion, the format of the report. In addition, the committee adopts another motion instructing the Chair to report it to the House. As final changes to the report may have been made at the meeting prior to its adoption, it is also usual to adopt a motion giving editorial power to the Chair, to ensure that the final text of the report in both official languages is in conformity with the decisions taken by the committee, provided that no change be made to the substance of the report. The committee may also adopt a motion, requesting that the government provide a response to the committee’s report. Finally, the committee may decide to hold a press conference, following the presentation of the report, to publicize the results of their study.” (pg. 880)

The matter raised by Mr. Siskay in his motion is not routine in nature as contemplated by the above text, but was clearly substantive in nature. Moreover, there is a format to such substantive reports.

On page 882 with respect to substantive reports the text provides that, “Substantive reports, especially lengthy ones, are often prepared as printed documents with special covers. While committees have considerable latitude in the format of such reports, there are a number of elements which are normally included. The text of the report follows the citation of the authority under which the study was carried out. It outlines the issue or issues dealt with and often includes reference to appropriate portions of the submissions the committee received, both oral and written. For large studies, the text is usually divided into separate chapters, dealing with the various aspects of the subject. Following the text, the committee’s recommendations on the subject are listed. Appendices are usually included, listing the witnesses heard and the briefs submitted in the course of the study. If the committee has chosen to request a government response to the report, the request is inserted before the Chair’s signature at the end of the report. Any dissenting or supplementary opinions which the committee has agreed to attach appear after the Chair’s signature. The relevant minutes of proceedings, relating to the committee’s adoption of the report, conclude the document.” (pg. 882)