Chapter XVI — House Administration

Introduction

Since Confederation enormous bureaucratic and administrative changes to the House of Commons have been carried out largely by means other than those provided for in the Standing Orders; namely, by statutes and regulations affecting the House and by the development of the Commons’ own internal administrative structures. Given the procedural character of the Annotated Standing Orders, no attempt has been made in this chapter to provide an exhaustive history of these changing administrative structures and practices. Instead, only actual Standing Order changes are noted, together with brief references to the House’s current administrative system. In this sense, many of the Standing Order narratives in this chapter, as well as the text of the Standing Orders themselves, are an incomplete reflection of the present operations of the House.

Commentary — Standing Order 148

The Board of Internal Economy is a statutory body responsible for all matters of financial and administrative policy affecting the House of Commons. Its membership consists of the Speaker, who presides at its meetings, two Ministers of the Crown (appointed 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 parties are given representation on the Board. [1]

As one of its many functions, the Board reaches decisions on budget proposals submitted by standing, special or legislative committees. Standing Order 148(2) obliges the Speaker to table records of such decisions as soon as they are reached. The Speaker is further required, by Standing Order 148(1), to table within 10 calendar days after the beginning of each session, a report of the proceedings of the Board of Internal Economy for the previous session. In practice, such reports are regularly tabled throughout the course of a session, rather than being tabled at the opening of the subsequent session as the Standing Order prescribes.

Historical Summary — Standing Order 148

In the First Session of the First Parliament, Prime Minister Macdonald sponsored a bill, which the House approved unanimously, establishing the Board of Internal Economy. The Board was initially composed of the Speaker, who chaired the meetings, and four Members of the Privy Council who were also Members of the House (i.e., four members of the Cabinet). Its powers were essentially the same as they are today: it had definite jurisdiction over the expenditures of the House. [2]

In 1906, the sessional reporting requirement now contained in Standing Order 148(1) was adopted without discussion. At the same time, another rule was amended to reflect the already existing role played by the Board of Internal Economy in approving salaries for vacant positions filled by the Speaker. [3] Thereafter, House rules governing the Board remained unchanged for nearly 80 years.

In 1979, an audit of the House of Commons by the Auditor General prompted a reform of the House administrative practices. The reform program in turn led to calls for changes in the composition of the Board of Internal Economy, which had initially authorized the hiring of an administrator to implement the Auditor General’s recommendations. [4] Eventually, in 1985, the membership of the Board was changed to satisfy Members’ demands for opposition and backbench representation on that body. [5] The composition of the Board was again modified in 1997 to accommodate a larger number of recognized parties in the House. [6]

In 1994, in the name of greater transparency, the Board decided that the Speaker should table its minutes once approved. [7] As such, the reporting of the Board’s proceedings is now much more frequent than the sessional requirement contained in the Standing Order.

Section (2) of the Standing Order, the requirement to table Board decisions on committee budget proposals, was added in 1985, at the same time as financial powers of committees were expanded and the budgetary reporting requirements to the Board were put in place (see current Standing Orders 120 and 121). [8] As all Board minutes are now tabled regularly, decisions about committee budgets are no longer tabled separately. [9]

Commentary — Standing Orders 149 and 150

At the moment of its deletion, Standing Order 149 read, “Before filling any vacancy in the service of the House by the Speaker, inquiry shall be made touching the necessity for the continuance of such office; and the amount of salary to be attached to the same shall be fixed by the Speaker, subject to the approval of the Board of Internal Economy and of the House.”

Standing Order 150(1) stated, “The hours of attendance of the respective officers of this House, and the extra clerks employed during the session, shall be fixed from time to time by the Speaker.” Paragraph (2) of this rule provided, “No allowance shall be made to any person in the employ of this House who may not reside at the seat of government, for travelling expenses in coming to attend his or her duties.”

Both Standing Orders were left over from a time when sessional employees comprised most of the House staff. As such, these obsolete Standing Orders were deleted in 1994. [1] Today, employment practices and personnel management questions are regulated by a series of statutory provisions, administrative regulations and collective agreements.

Commentary — Standing Order 151

The responsibilities of the Clerk of the House specified in this Standing Order form only a part of the Clerk’s overall administrative duties, the balance of which are carried out by virtue of other Standing Orders, various statutes and regulations relating to Parliament, and tradition.

Standing Order 151 assigns to the Clerk the responsibility for the safekeeping of all House records and “direction and control” of employees reporting to the Clerk. Both are largely administrative duties, although implicit in the first is the notion that House records remain in the Clerk’s custody, and “it is ‘at his peril’ if he suffers any of them to be taken from the table, or out of his custody, without the leave of the House; but Members have the right to peruse all papers in the possession of the Clerk and to obtain copies of them through him”. [1]

The Clerk’s responsibility for the “direction and control” of the employees and Officers of the House is subject to orders from the Speaker or the House, and is further restricted by various statutes. [2] The Board of Internal Economy establishes the administrative policies and budget of the House of Commons.

Historical Summary — Standing Order 151

This Standing Order has remained unchanged since its adoption in 1867 and, in accordance with its wording, the Clerk of the House has in fact traditionally retained “direction and control” over all House employees, as well as responsibility for the records and papers of the House, subject of course to orders from the Speaker or the House. [3]

Over time, however, the services provided to Members have grown both in range and sophistication, and the House’s administrative apparatus has become increasingly complex. Overall responsibility for the day-to-day management of the staff of the House rests with the Clerk, who is assisted by the Deputy Clerk and other senior officials.

Historically, the Clerk’s archival responsibilities have varied only to the extent that a lack of storage space has led to a reciprocal agreement with the National Archives of Canada whereby documents are periodically transferred to the Archives for storage. [4]

Commentary — Standing Order 152

Standing Order 152 directs the Clerk to provide the Speaker, every day before the House meets, with the official agenda of proceedings for the day. [1] The traditional interpretation of this Standing Order has always been that the Speaker must be in possession of a copy of the Order Paper and Notice Paper before the business of the House may proceed.

Historical Summary — Standing Order 152

Even in 1867, when this Standing Order was adopted by the newly constituted federal House of Commons, it is probable that existing printing facilities permitted distribution of the Order Paper to all Members, including the Speaker, each morning before the House met.

An earlier version of the Standing Order, taken from the 1854 edition of the Rules and Standing Orders of the Legislative Assembly of Canada, gives credence to the assumption that, at one time, it was not possible to produce on a daily basis a printed version of the Order Paper for general distribution to all Members. That Standing Order was as follows:

That the Clerk of this House be directed to lay on the Speaker’s table, every morning, previous to the meeting of the House, the order of the proceedings for the day; and that a copy of the same be hung up in the lobby, for the information of Members. [2]

Presumably, the Clerk was therefore obliged to prepare the document primarily for the Speaker’s use, hence the requirement for its matutinal production, previous to the meeting of the House.

The present overnight production and widespread distribution of the Order Paper and Notice Paper and other parliamentary documents make it unlikely that the requirements of this Standing Order would not be met.

Commentary — Standing Order 153

Pursuant to certain statutes or orders of the House, certain public officers and private corporations must report to the House at various times. Standing Order 153 obliges the Clerk to complete such a “list of reports or returns” and to deliver this list to each Member at the beginning of every session of Parliament. [1] In recent years, the list has also been posted on the parliamentary Internet site.

Historical Summary — Standing Order 153

Although this Standing Order has existed since 1867, [2] the “list of reports or returns” it refers to has not been prepared each session, in accordance with the requirements of the rule. In fact, in 1892 the Clerk of the House, John G. Bourinot, noted that the practice of preparing such a list had “fallen into disuse”. [3]

The practice has since been resumed, but it is not known when the resumption took place, nor when the Law Clerk and Parliamentary Counsel, who now actually prepares the list, assumed the task in place of the Clerk of the House, to whom it remains ascribed by the Standing Order.

Commentary — Standing Order 154

The Senate and the House of Commons are in frequent communication with regard to bills, joint resolutions for which the assent of both Houses is desired and matters relating to joint committees. Such communication takes place through written messages from one House to the other. Although Standing Order 154 describes a formal procedure by which a Clerk receives Senate messages at the bar of the House “as soon as announced by the Sergeant-at-Arms,” in fact the transmission of messages in both directions is done informally via the Journals offices of each House.

All Senate messages received by the House are entered in the Journals but are not generally read in the House by the Speaker, with the exception of messages regarding the passage of Senate bills or a bill for which Royal Assent is expected later the same day. [1] If a message is to be read by the Speaker, he or she chooses an opportune time so as not to interrupt the orderly flow of business.

Historical Summary — Standing Order 154

In pre-Confederation proceedings, it was initially the practice to communicate all messages to the Upper Chamber through a Member of the House. By the late 1850s and early 1860s, the practice had been modified for convenience by having a Clerk-at-the-Table carry messages regarding bills. Eventually, beginning in 1870, all messages to and from both Houses were sent through their respective Clerks. [2]

In 1916, the procedure for messages was as follows:

… all bills, resolutions and addresses are sent and received — whether the mace is on or under the table — without disturbing the business of either house. The clerk at the table is informed of the presence of the messenger from the other house, and receives the message at the bar. If any business is proceeding at the time, the speaker will not interrupt its progress, but will announce the message (which is handed him by the clerk) as soon as a convenient opportunity presents itself. [3]

Further details about the procedure were given in 1922, when the role of the Sergeant-at-Arms was described:

When a Clerk from the Senate comes to the bar of the House with a message, the Sergeant-at-Arms enquires as to the character of such a message and then walks to the table where, after making an obeisance to the Speaker or Chairman, as the case may be, he says in a low voice to the clerks at the table: “A message from the Senate”; whereupon, the Clerk Assistant walks to the bar and receives the message. [4]

Although the wording of this Standing Order has not materially changed since 1867, at some time between 1922 and the present, the current, less formal procedure was adopted. Unfortunately, no record or evidence, even anecdotal, has been found about when the change took place.

Commentary — Standing Order 155

At the moment of its deletion, Standing Order 155 read, “The Clerk of the House shall employ at the outset of a session, with the approbation of the Speaker, such extra writers as may be necessary, engaging others as the public business may require.” A remnant of a time when sessions were relatively short, a longer parliamentary calendar and an increased full-time staff made this rule unnecessary. [1]

Commentary — Standing Order 156

When it was deleted, Standing Order 156 stated, “It is the duty of the Joint Law Clerks of the House to assist Members of the House and deputy heads in drafting legislation; to prepare bills for the Senate after they have been passed by the House; to supervise the printing and arrangement and extending of the Statutes year by year as they are issued at the close of each Parliamentary session; to revise, print and put marginal notes upon all bills; to revise before the third reading all amendments made by select committees, or in Committees of the Whole; and to report to the several Chairmen of the various select committees, when requested so to do, any provisions in private bills which are at variance with general Acts on the subjects to which such bills relate or with the usual provisions of private Acts on similar subjects, and any provisions deserving of special attention.” This outdated Standing Order long had been an incomplete reflection of the true duties of the Office of the Law Clerk and Parliamentary Counsel. [1]

Commentary — Standing Order 157

The functions traditionally associated with the Sergeant-at-Arms are security and ceremonial. Although these are in fact two of that Officer’s major responsibilities, he or she must also: safeguard the Mace; serve House orders; execute Speaker’s warrants; issue cards of admission to, and preserve order in, all parts of the House; and coordinate the allocation of offices throughout Parliament Hill. The Sergeant-at-Arms plays a larger role in the administrative structure of the House as head of Parliamentary Precinct Services.

Historical Summary — Standing Order 157

From Confederation to 1927, the only Standing Order outlining the responsibilities of the Sergeant-at-Arms was an earlier version of what is now Standing Order 157(1). In addition to being responsible for the Mace, the rule also specified that the Sergeant-at-Arms was responsible for the “furniture and fittings” of the House and for the conduct of messengers and other servants of the House. Yet even in those early years, the brief description contained in that rule belied a far more elaborate role for the Sergeant-at-Arms in the administrative apparatus of the House. [1]

In 1927, the Standing Orders were amended to provide for a more comprehensive definition of the Sergeant-at-Arms’ duties. [2] Among the sections added were what is now Standing Order 157(2), as well as sections giving the Sergeant-at-Arms the authority to employ and direct constables, messengers, pages and labourers as may be necessary.

Although the Standing Order remained unchanged for almost 70 years after that, countless administrative changes resulted in a continued evolution of the Sergeant-at-Arms’ duties. [3] While some of the basic responsibilities outlined in the Standing Order still applied, in general the Standing Order had little bearing on the day-to-day functioning of the Sergeant-at-Arms’ sector. As such, in 1994 the House deleted the portions of the Standing Order dealing with employees under the direction of the Sergeant-at-Arms, as they no longer reflected the employment practices of the House. At the same time, references to the Sergeant-at-Arms’ responsibility for the “furniture and fittings” and the “movable property” of the House were also removed. [4] The Standing Order has not changed since.

Commentary — Standing Order 158

Occasionally, strangers admitted to the House or its galleries are guilty of misconduct. When this happens, this Standing Order obliges the Sergeant-at-Arms to take them into custody. Similar action is required when strangers refuse to withdraw after the House or the Speaker has specifically ordered the withdrawal of strangers, and the same applies in Committee of the Whole. A stranger or strangers so taken into custody can be released by the Sergeant-at-Arms only after the House has agreed to a special order to that effect, and after the stranger or strangers have paid a fee of four dollars to the Sergeant-at-Arms. [1]

This procedure, however, is not always adhered to. Generally, strangers who do not behave are not, as the rule requires, taken into custody. Depending on the circumstances, most are merely removed from the House or gallery, as the case may be, identified through questioning by the House detectives, and escorted from the building. As a result, special discharge orders are rarely required for the release of strangers in custody. [2] It is not known whether anyone has ever paid a fee of four dollars to the Sergeant-at-Arms. [3]

Historical Summary — Standing Order 158

There have been several incidents of strangers misconducting themselves while in the House or its galleries since 1867, when this unchanged Standing Order first came into effect. Few have resulted in the strangers being taken into custody. Among the first cases is that which occurred in 1879, when a stranger who had been admitted to the floor of the House as an honoured guest behaved in a disorderly manner. While a Member was speaking, this visitor called out: “You are a cheat and swindler.” The Speaker promptly ordered the floor cleared of all strangers, and the gentleman, Mr. J.A. Macdonell, was expelled, although he re-entered the House by another door soon after. [4] Again ejected, he returned by yet another entrance and was once more ejected by the Sergeant-at-Arms. When he tried to force his way in a third time, the Sergeant-at-Arms barred the way, whereupon Mr. Macdonell sent in a note reiterating his offensive words to the Member concerned. For all of this he was eventually taken into custody by the Sergeant-at-Arms, although by motion, and not pursuant to this Standing Order, and called to the Bar of the House. After he had apologized, he was “discharged from further attendance.” [5]

This incident aside, most misconduct cases then and through to the 1960s involved over-exuberance or some other manifestation on the part of visitors in the gallery. Sometimes, the Speaker merely reminded spectators of the prohibition against demonstrations of any kind. [6] At other times, a stricter approach was taken, as in one case where a man applauding a speech by Clifford Sifton was actually removed from the gallery. [7]

In the 1960s, however, the number of serious cases of misconduct in the galleries and the House showed a marked increase. In 1962, a spectator singing “O Canada” from the gallery briefly disrupted proceedings [8] and, in 1964, a man threw a wax-paper carton of animal blood onto the floor of the House, near the Table. [9] The most serious incident occurred in 1966, when a man armed with dynamite apparently intended for the floor of the House was killed in a washroom adjacent to the Chamber when the explosive went off prematurely. [10]

A few months later, a sitting was disrupted when a number of leaflets were thrown from the gallery to the floor of the House. In this case (only the second of its kind), the stranger responsible was actually apprehended and a special order was later adopted to discharge him from the Sergeant-at-Arms’ custody. [11] In May 1970, a general disturbance in the gallery led the Speaker to order the galleries cleared and even led to a suspension of the sitting. [12] Other incidents occurred in 1973, 1983, 1986, 1987, and 1989, two of which involved strangers attempting to enter or entering onto the floor of the House. [13] In October 1990, after student protesters in the gallery pelted Members with macaroni, a question of privilege was raised and the matter was referred to a committee. [14] In its report to the House, the committee noted that the four dollar fee prescribed in Standing Order 158 was no longer much of a deterrent and recommended that the Standing Order be modernized. [15] However, no subsequent action was taken on the report.

A large number of minor incidents also occurred and continue to occur, with the Speaker sometimes reminding the gallery occupants of the need for silence and decorum. [16]

Commentary — Standing Order 159

As with other Standing Orders in this chapter, this Standing Order was adopted in 1867, at a time when each session typically lasted only a few short months and most staff were employed only for its duration. As a result, a Standing Order requiring completion of “the work remaining at the close of the session” was not unexpected. In a modern context, however, the workload for all House employees is not only heavier during the session, but is also substantial even when the House is not sitting. As such, the work is viewed best as ongoing rather than beginning and ending with each session.

Historical Summary — Standing Order 159

The short duration of sessions in the first 70 years of Confederation and the habitual end-of-session exodus of numerous sessional employees provided the rationale for this 1867 Standing Order. [1] Since the Second World War, however, the completion-of-work requirement has become less and less relevant given the far lengthier sessions and the near non-existence of sessional employees. [2]

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