Committee Studies
The role of committees is to examine
selected matters in greater depth than is possible in the House and to report
any conclusions of those examinations, including recommendations, to the House.
Committees undertake studies in four general areas: the Estimates, legislation,
Order-in-Council appointments and subject-matter studies (including the review
of departmental annual reports). While it may be common for standing committees
to conduct studies in all four areas, special committees are normally
established to conduct subject-matter inquiries, and legislative committees are
charged solely with the examination of legislation.
Certain items of study, such as the Main
Estimates and departmental annual reports, are required to be tabled in the
House each year at a specific time and referred to committees. Other items,
including Supplementary Estimates, Order-in-Council appointments and
legislation, are referred to committees only if and when tabled or introduced in
the House. The number of such items varies from year to year, depending on a
wide variety of factors including the government’s legislative schedule
and events outside Parliament.
When a committee receives an order of
reference or decides to take up a particular study, the steering committee is
usually charged with the responsibility both for establishing a work plan for
each study and for co-ordinating the committee’s consideration of the
variety of topics before it. Standing committees routinely deal with several
matters
concurrently. [476]
While in some cases committees are able to deal with important matters
consecutively, time limits imposed by the Standing Orders for consideration of
the Main Estimates and Order-in-Council appointments require careful planning to
ensure committee
effectiveness. [477]
One avenue which is often selected by committees having a heavy workload is the
delegation of one or several items of study to
sub-committees. [478]
This allows the committee to share its work by drawing upon the asciate
members of the committee for the membership of sub-committees.
Estimates
The Main Estimates are the projected
government spending for the coming fiscal year broken down by department and
program. [479]
The Estimates are displayed as a series of budgetary items or “Votes”,
each of which indicates the amount of money required by the government for a
program or function. Normally, a single Vote in the Main Estimates covers a
total spending category, such as departmental operations or capital costs, and
summarizes all the planned activity or program expenditures for the department
or agency in that category. Where additional funds or the reallocation of
already appropriated funds is necessary during a fiscal year, the government may
table Supplementary Estimates.
The Standing Orders provide for detailed
consideration of the Estimates, both Main and Supplementary, by standing
committees. [480]
Each
committee has referred to it those departmental and agency Votes which relate to
its mandate. Programs whose funding and funding levels are already prescribed by
statute are included with the Estimates, marked “S” or
“Statutory”. As these expenditures have already been approved by the
passage of the appropriate legislation, they are not referred to committee for
examination, but are provided for information purposes only.
The Estimates for each coming fiscal year
are required to be tabled in the House and referred to standing committees no
later than March 1 of each
year. [481]
The
Standing Orders do not impose an obligation on committees to consider the
Estimates. Where a committee has chosen to study and report on the Estimates,
however, it must report them back not later than May 31 of the fiscal year to
which they apply. If a committee has not reported the Estimates back by that
date, it is deemed to have done so, whether it has actually considered them or
not. [482]
The Leader
of the Opposition may, not later than the third sitting day prior to May 31, ask
to extend the reporting deadline respecting committee consideration of the Main
Estimates of a named department or
agency. [483]
A
committee studying the Main Estimates of that department or agency must report
back, or will be deemed to have reported, no later than the earlier of either 10
sitting days after May 31 or the sitting day prior to the final allotted day in
that Supply
period. [484]
While
considering the Main Estimates, committees are also empowered to consider
expenditure plans and priorities in future years for the departments and
agencies. [485]
The
deadline for reporting on those plans and priorities is the final sitting day in
June. [486]
Supplementary Estimates are referred, upon
tabling in the House, to the appropriate standing
committees. [487]
The
deadline for a report on Supplementary Estimates is not later than the third
sitting day before the earlier of the final sitting day or the final allotted
day in the current Supply period. As with the Main Estimates, if a committee has
not reported within the prescribed time, it is deemed to have done
so. [488]
Committees consider each Vote separately as
a distinct motion, beginning with Vote 1 which covers general departmental
administration or operations. Committees usually begin their examination of the
Estimates by hearing from the appropriate Minister or the Parliamentary
Secretary, accompanied by senior departmental
officials. [489]
The
questioning and discussion at this meeting is generally wide-ranging, although
the rule of relevance does apply. Subsequent meetings, if any, are normally held
with the senior departmental officials responsible for the areas and programs
specifically dealt with in each
Vote. [490]
When the committee has completed its
consideration of the Estimates, each item is put to a vote separately.
Restrictions exist on the power of a committee to amend the Estimates.
Amendments may be presented to reduce the amount of an
item, [491]
but it is
not in order to propose an amendment to reduce the amount of a Vote to zero, as
the proper course is to vote against the motion “Shall the Vote
carry?” It is also out of order to propose an increase in an item, as such
a proposal infringes the spending authority of the
Crown. [492]
Similarly, it is not permitted to attempt to change the way in which funds are
allocated, by transferring money from one item to
another. [493]
Statutory items included in the Estimates for information purposes may not be
amended by the
committee. [494]
Finally, a committee cannot include substantive recommendations in its report on
Estimates. [495]
Legislation
Committees play a major role in the
legislative process. The Standing Orders provide for all legislation to be
considered in committee. Referral to committee may take place either after
second reading or before second
reading [496]
and
bills may be referred to legislative, standing or special
committees [497]
or to
a Committee of the
Whole. [498]
On rare
occasions, the House has referred bills to joint
committees. [499]
When
a bill is referred to a committee, it is the bill itself which constitutes the
committee’s order of reference. A motion instructing a committee to
prepare and bring in a bill may also be proposed by a Minister or by a private
Member. [500]
Adoption of a motion for second reading of
a bill expresses the House’s approval of the principle of the bill. The
committee is charged with examining the wording and effect of each clause of the
bill in light of the principle; it may propose any modifications deemed
necessary or useful in order for the bill to better realize its
purpose. [501]
When a
bill has been referred to a committee following second reading, it is not in
order to propose amendments which seek to extend the scope of the bill or alter
its principle. It is also not in order to propose amendments to Acts or sections
of Acts not affected by the bill
itself. [502]
When a
bill has been referred to a committee prior to second reading, the committee is
not bound by the same limitations since the House has not yet approved the
bill’s principle. While amendments may be proposed which would alter the
principle, they must still be relevant to the
bill. [503]
Order of Consideration
When a committee studies a bill,
consideration of the preamble, if any, is postponed as is consideration of the
first clause if it contains only a short
title. [504]
After
Clause 1 has been called by the Chair (or Clause 2, if Clause 1 contains only
the short title of the bill), a committee may proceed to hear witnesses, usually
beginning with the sponsor of the bill. A legislative committee is restricted to
hearing only witnesses on technical matters related to the
bill. [505]
In
addition to hearing witnesses, a committee may receive written briefs related to
the bill. At the conclusion of testimony, a committee may invite the sponsor to
appear again in order to answer any concerns which have been raised by other
witnesses.
A committee then proceeds to
clause-by-clause consideration of the bill. Clause-by-clause study involves the
consideration of each clause individually and, if necessary, of each line of the
bill. At this stage, each clause is proposed to the committee as a separate
question on which it must decide. It is also at this stage that members of the
committee have the opportunity to propose amendments to the bill. They may
propose that words be added, that certain words be struck out and replaced by
others, or that words simply be struck
out. [506]
During
clause-by-clause consideration, it is normal for departmental officials to
remain before a committee as witnesses in order to provide technical
explanations of the effect of individual clauses of the bill and the technical
implications of proposed
amendments. [507]
Motions to amend a clause of a bill do not
require notice. As a practical matter, proposed amendments are usually forwarded
to the clerk of the committee before clause-by-clause consideration begins. The
clerk then has the opportunity to place the amendments in the proper sequence
for consideration as the committee proceeds through the bill. The proposed
amendments received by the clerk are usually circulated to members prior to the
beginning of clause-by-clause consideration, for information purposes. At this
stage, the amendments are not formally before the committee and the member may
move them or not when the committee reaches the appropriate place in the
bill.
Time Limits for the Consideration of Bills
The Standing Orders do not set any time
limit for the consideration of government bills in committee. Nonetheless, the
House may set a reporting deadline by special
order [508]
or it may
invoke the time allocation provisions of the Standing
Orders. [509]
Committees are required to report on
private Members’ public bills within 60 sitting
days. [510]
The
committee must either report the bill to the House with or without amendment, or
seek a single 30-day extension to the time provided for consideration of the
bill, or present a report containing a recommendation to not proceed further
with the bill. If the committee has not reported by the conclusion of the 60-day
period (or the 30-day extension, where applicable), the bill is deemed reported
back without amendment.
Private bills are to be referred to
legislative committees following second
reading. [511]
However, private bills are often dealt with, by unanimous consent, in a
Committee of the Whole. The particular procedures related to consideration of
private bills are found in Chapter 23, “Private Bills
Practice”.
Adoption and Report
Once a committee has concluded its
consideration of the clauses of a bill, a motion is proposed to carry the bill
(or the bill, as
amended). [512]
The
committee then adopts a motion, instructing the Chair to report the bill to the
House. [513]
If the
committee has amended the bill, it usually will also order that the bill be
reprinted for the use of the House at report
stage. [514]
Committee to Prepare and Bring in a Bill
A committee may be given an order of
reference to prepare and bring in a
bill. [515]
The motion
proposing such an order is considered under Government Orders, if proposed by a
Minister, or under Private Members’ Business, if proposed by a private
Member. [516]
The
committee’s report recommends the principles, scope and general provisions
of the bill and may include proposals for legislative
wording. [517]
Order-in-Council Appointments
The government is required to table in the
House certified copies of all Order-in-Council appointments to non-judicial
posts, not later than five sitting days after they have been published in the
Canada Gazette. [518]
Appointments are effective on the day they are announced by the government, not
on the date the certificates are published or tabled in the House. The Standing
Orders provide that the certified copies be automatically referred to the
standing committee specified at the time of tabling, normally the committee
charged with overseeing the organization to which the individual has been
appointed.
A Minister may also table a certificate of
nomintion to a non-judicial
post. [519]
Such
notices are also referred to the standing committees specified at the time of
tabling. Committees have 30 sitting days, following the day of tabling, in which
to consider the appointments or
nominations. [520]
During that period, the committee may call the appointee or nominee to appear
before it, for a period not to exceed 10 sitting
days, [521]
to answer
questions respecting his or her qualifications and competence to perform the
duties of the post to which he or she has been appointed or
nominated. [522]
Committees are under no obligation to consider any of the Order-in-Council
appointments or nominations which have been referred to
them. [523]
Upon written application from the clerk of
a committee, the Minister’s office must provide the curriculum
vitae of any Order-in-Council appointee or nominee to any post which falls
within the mandate of that standing
committee. [524]
The scope of a committee’s
examination of Order-in-Council appointees or nominees is strictly limited to
the qualifications and competence to perform the duties of the
post. [525]
Questioning by members of the committee may be interrupted by the Chair, if it
attempts to deal with matters considered irrelevant to the committee’s
inquiry. Among the areas usually considered to be outside the scope of the
committee’s study are the political affiliation of the appointee or
nominee, contributions to political parties and the nature of the nomination
process itself. [526]
Any question may be permitted if it can be shown that it relates directly to the
appointee’s or nominee’s ability to do the job.
A committee has no power to revoke an
appointment or nomination and may only report that they have examined the
appointee or nominee and give their judgement as to whether the candidate has
the qualifications and competence to perform the duties of the post to which he
or she has been appointed or
nominated. [527]
Subject-matter Studies
Most standing committees are empowered to
study and report on any matter relating to the operations and policies of
government departments assigned to them. These committee-initiated studies may
be directed towards: the relevant statute law; departmental or agency
objectives; immediate, medium-and long-term expenditure plans; evaluations of
activity against stated objectives; and any other matter relating to
departmental or agency mandates or
operations. [528]
Certain standing committees, including standing joint committees, are accorded
specific mandates to initiate studies in well-defined areas of responsibility
outlined in the Standing
Orders. [529]
A number of committees have permanent
orders of reference which give rise to subject-matter studies having particular
effect. The Standing Joint Committee for the Scrutiny of Regulations may present
reports which initiate a procedure leading to the revocation of government
regulations. [530]
The
Standing Committee on Procedure and House Affairs reports to the House on the
selected items of Private Members’ Business that have been designated as
votable. [531]
As well, the House may strike a special
committee [532]
or,
with the Senate, a special joint
committee [533]
to
inquire into a particular subject matter. In such cases, the order of reference
to the committee is usually included in the order which establishes the
committee, although the House may refer additional matters to it at a later
date.
The House may also refer specific matters
to standing committees for
consideration. [534]
In particular, the House may refer questions arising out of a complaint of
breach of privilege to the Standing Committee on Procedure and House
Affairs. [535]
The
Committee will then conduct an inquiry, calling for whatever witnesses and
papers it deems appropriate. As with matters related to privilege which occur in
any other committee, the Standing Committee on Procedure and House Affairs has
no power itself to deal with the matter directly by imposing sanctions of any
kind. At the conclusion of its study, the Committee reports to the House,
indicating whether, in its opinion, the complaint of breach of privilege was
well founded. The Committee also stipulates what, if any, action it feels to be
appropriate. [536]
A statute may also require subsequent
review by a parliamentary committee of its provisions or operation, requiring
the House to designate or establish a committee to carry out the
review. [537]
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. [538]
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.
The actual conduct of a subject-matter
study varies widely, depending on the topic and the approach selected by the
committee. Typically, a committee will begin with a background briefing provided
by the committee research staff or departmental
officials. [539]
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 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, [540]
but
reports are also considered in public
session. [541]
Once
the committee has agreed to the final version of the report, it is presented to
the House. [542]