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Parliament of Canada
Parliament of Canada
org/wiki/Parliament_of_Canada
Parliament of Canada
The Parliament of Canada (French: Parlement
Parliament of Canada
du Canada) is the federal legislature of Canada,
Parlement du Canada (French)
seated at Parliament Hill in Ottawa, and is
composed of three parts: the Monarch, the Senate, 43rd Parliament
and the House of Commons.[1] By constitutional
convention, the House of Commons is dominant,
with the Senate rarely opposing its will. The Senate
reviews legislation from a less partisan standpoint
and may initiate certain bills. The monarch or her
representative, normally the governor general,
provides royal assent to make bills into law.
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Members of the two houses of Parliament must also express their loyalty to the sovereign and defer to
her authority, as the Oath of Allegiance must be sworn by all new parliamentarians before they may
take their seats. Further, the official opposition is formally called Her Majesty's Loyal Opposition, to
signify that, though they may be opposed to the incumbent Cabinet's policies, they remain dedicated
to the apolitical Crown.[10][11]
Senate
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The principle underlying the Senate's composition is equality amongst Canada's geographic regions
(called Divisions in the Constitution): 24 for Ontario, 24 for Quebec, 24 for the Maritimes (10 for
Nova Scotia, 10 for New Brunswick, and four for Prince Edward Island), and 24 for the Western
provinces (six each for Manitoba, British Columbia, Saskatchewan, and Alberta).[14] Additionally,
senators are appointed from two geographic areas not part of any senatorial division. Newfoundland
and Labrador (since 1949 the "newest" province, although "oldest" English settlement), is represented
by six senators. Since 1975 each of Canada's territories is represented by 1 senator—the Northwest
Territories, Yukon, and (since its formation in 1999) Nunavut. An additional 4 or 8 senators may be
appointed by the governor general, provided the approval of the Queen is secured and the four
divisions are equally represented. This power has been employed once since 1867: to ensure the
passage of the bill establishing the Goods and Services Tax, Prime Minister Brian Mulroney advised
Queen Elizabeth II to appoint extra senators in 1990. This results in a temporary maximum number
of senators of 113, which must through attrition return to its normal number of 105.
House of Commons
Jurisdiction
The powers of the Parliament of Canada are limited by the constitution, which divides legislative
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abilities between the federal and provincial legislatures; in general, provincial legislatures may only
pass laws relating to topics explicitly reserved for them by the constitution (such as education,
provincial officers, municipal government, charitable institutions, and "matters of a merely local or
private nature")[17] while any matter not under the exclusive authority of the provincial legislatures is
within the scope of the federal Parliament's power. Thus, Parliament alone can pass laws relating to,
among other things, the postal service, census, military, navigation and shipping, fishing, currency,
banking, weights and measures, bankruptcy, copyrights, patents, First Nations, and naturalization.[18]
In some cases, however, the jurisdictions of the federal and provincial parliaments may be more
vague. For instance, the federal parliament regulates marriage and divorce in general, but the
solemnization of marriage is regulated only by the provincial legislatures. Other examples include the
powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes,
and regulate agriculture.
The powers of Parliament are also limited by the Canadian Charter of Rights and Freedoms, though
most of its provisions can be overridden by use of the notwithstanding clause.[19] Such clause,
however, has never been used by the federal parliament, though it has been employed by some
provincial legislatures. Laws violating any part of the constitution are invalid and may be ruled
unconstitutional by the courts.
Officers
Each of Parliament's two chambers is presided over by a speaker; that for the Senate is a member
appointed by the governor general on the advice of the prime minister, while the equivalent for the
House of Commons is a member of Parliament, who is elected by the other members of that body. In
general, the powers of the latter are greater than those of the former. Following the British model, the
upper chamber is essentially self-regulating, but the lower chamber is controlled by the chair, in a
majoritarian model that gives great power and authority to the chair. In 1991, however, the powers of
the speaker of the Senate were expanded, which reorganized the balance of power to be closer to the
framework of the Commons.
The usher of the black rod of the Senate of Canada is the most
senior protocol position in Parliament, being the personal
messenger to the legislature of the sovereign and governor
general. He or she is also a floor officer of the Senate responsible
for security in that chamber, as well as for protocol,
administrative, and logistical details of important events taking
place on Parliament Hill,[20] such as the Speech from the Throne,
Royal Assent ceremonies, state funerals, or the investiture of a
new governor general.[21]
Former usher of the black rod, Kevin
Other officers of Parliament include the auditor general, chief S. MacLeod, before the thrones in
electoral officer, official languages commissioner, privacy the Senate chamber, 2009
commissioner, information commissioner, conflict of interest and
ethics commissioner, public sector integrity commissioner, and
commissioner of lobbying. These individuals are appointed by either one or both houses, to which
they report through the speaker of that house. They are sometimes referred to as Agents of
Parliament.[22] Another key official is the parliamentary librarian, a position established in 1871
under the Library of Parliament Act, charged with directing the Library of Parliament.
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Term
The Constitution Act, 1867, outlines that the governor general alone is responsible for summoning
Parliament, though it remains the monarch's prerogative to prorogue and dissolve the legislature,
after which the writs for a general federal election are usually dropped by the governor general at
Rideau Hall. Upon completion of the election, the governor general, on the advice of the prime
minister, then issues a royal proclamation summoning Parliament to assemble. On the date given,
new MPs are sworn in and then are, along with returning MPs, called to the Senate, where they are
instructed to elect their speaker and return to the House of Commons to do so before adjourning.[9]:42
A parliamentary session lasts until a prorogation, after which, without ceremony, both chambers of
the legislature cease all legislative business until the governor general issues another proclamation
calling for a new session to begin; except for the election of a speaker for the House of Commons and
his or her claiming of that house's privileges, the same procedures for the opening of Parliament are
again followed. After a number of such sessions—having ranged from one to seven[9]:45—a Parliament
comes to an end via dissolution, and a general election typically follows. Subject to the governor
general's discretion, general elections are held four years after the previous on the third Monday in
October or, on the recommendation of the chief electoral officer, the following Tuesday or Monday.
The governor general may dissolve Parliament and call a general election outside of these fixed dates,
conventionally on the advice of the prime minister, which may be preceded by a successful motion of
no confidence. The timing of such dissolutions may be politically motivated.[26][27][28]
Procedure
Both houses determine motions by voice vote; the presiding officer puts the question and, after
listening to shouts of "yea" and "nay" from the members, announces which side is victorious. This
decision by the Speaker is final, unless a recorded vote is demanded by members—requiring at least
two in the Senate and five in the House of Commons. Members of both houses vote by rising in their
places to be counted; the speaker of the Senate is permitted to vote on a motion or bill—though does
so irregularly, in the interest of impartiality—and, if there is no majority, the motion is defeated. In
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the Commons, however, the speaker cannot vote, unless to break a tie, at which time he or she will
customarily vote in favour of the status quo. The constitution establishes the quorums to be 15
senators in the upper house and 20 members in the lower house, the speaker of each body being
counted within the tally.
Voting can thus take three possible forms: whenever possible, leaving the matter open for future
consideration and allowing for further discussion by the house; when no further discussion is
possible, taking into account that the matter could somehow be brought back in future and be decided
by a majority in the house; or, leaving a bill in its existing form rather than having it amended. For
example, during the vote on the 2005 budget, which was considered a vote of confidence, the speaker
of the House of Commons cast the tie-breaking vote during the second reading, moving in favour of
the budget and allowing its passage. If the vote on the third reading had again been tied, the speaker
would have been expected to vote against the bill, bringing down the government.
Simultaneous interpretation for both official languages, English and French, is provided at all times
during sessions of both houses.
Legislative functions
Laws, known in their draft form as bills, may be introduced by any member of either house. However,
most bills originate in the House of Commons, of which most are put forward by ministers of the
Crown, making them government bills, as opposed to private members' bills or private senators' bills,
which are launched by MPs and senators, respectively, who are not in cabinet. Draft legislation may
also be categorized as public bills, if they apply to the general public, or private bills, if they concern a
particular person or limited group of people. Each bill then goes through a series of stages in each
chamber, beginning with the first reading. It is not, however, until the bill's second reading that the
general principles of the proposed law are debated; though rejection is a possibility, such is not
common for government bills.
Next, the bill is sent by the house where it is being debated to one of several committees. The Standing
Orders outline the general mandate for all committees, allowing them to review: bills as they pertain
to relevant departments; the program and policy plans, as well as the projected expenditures, and the
effectiveness of the implementation thereof, for the same departments; and the analysis of the
performance of those departments.[29] Most often, bills end up before a standing committee, which is
a body of members or senators who specialize in a particular subject (such as foreign affairs), and who
may hear testimony from ministers and experts, debate the bill, and recommend amendments. The
bill may also be committed to the Committee of the Whole, a body consisting of, as the name suggests,
all the members of the chamber in question. Finally, the bill could be referred to an ad hoc committee
established solely to review the piece of legislation in question. Each chamber has their own
procedure for dealing with this, with the Senate establishing special committees that function like
most other committees, and the House of Commons establishing legislative committees, the chair of
the latter being appointed by the speaker of the House of Commons, and is normally one of his
deputies. Whichever committee is used, any amendments proposed by the committee are considered
by the whole house in the report stage. Furthermore, additional amendments not proposed by the
committee may also be made.
After the report stage (or, if the committee made no amendments to the bill, immediately after the
committee stage), the final phase of the bill—the third reading—occurs, at which time further
amendments are not permitted in the House of Commons, but are allowed in the Senate. If it passes
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the third reading, the bill is sent to the other house of Parliament, where it passes through the same
stages;[note 2] amendments made by the second chamber require the assent of the original house in
order to stand part of the final bill. If one house passes amendments that the other will not agree to,
and the two houses cannot resolve their disagreements, the bill fails.
In conformity with the British model, only the House of Commons may
originate bills for the imposition of taxes or for the appropriation of
Crown funds. The constitutional amendment procedure does make King George VI, with
provision for the Commons overcoming an otherwise-required Senate Queen Elizabeth, grants
resolution in most cases. Otherwise, the theoretical power of both houses Royal Assent to bills in the
over bills is equal, with the assent of each being required for passage. In Senate chamber, 1939
practice, however, the House of Commons is dominant, with the Senate
rarely exercising its powers in a way that opposes the will of the
democratically elected house.
The lower house may attempt to bring down the government by either rejecting a motion of
confidence—generally initiated by a minister to reinforce the Cabinet's support in the commons—or
by passing a motion of no confidence—introduced by the opposition to display its distrust of the
Cabinet. Important bills that form part of the government's agenda will usually be considered matters
of confidence; the budget is always a matter of confidence. Where a government has lost the
confidence of the House of Commons, the prime minister is obliged to either resign (allowing the
governor general to appoint the leader of the Opposition to the office) or seek the dissolution of
Parliament and the call of a general election. A precedent, however, was set in 1968, when the
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government of Lester B. Pearson unexpectedly lost a confidence vote but was allowed to remain in
power with the mutual consent of the leaders of the other parties.
In practice, the House of Commons' scrutiny of the government is quite weak in comparison to the
equivalent chamber in other countries using the Westminster system. With the plurality voting
system used in parliamentary elections tending to provide the governing party with a large majority,
and a party system that gives leaders strict control over their caucus (to the point that MPs may be
expelled from their parties for voting against the instructions of party leaders), there is often limited
need to compromise with other parties. Additionally, Canada has fewer MPs, a higher turnover rate of
MPs after each election, and an Americanized system for selecting political party leaders, leaving
them accountable to the party membership rather than caucus, as is the case in the United
Kingdom;[30] John Robson of the National Post opined that Canada's parliament had become a body
akin to the American Electoral College, "its sole and ceremonial role to confirm the executive in
power."[31] At the end of the 20th century and into the 21st, analysts—such as Jeffrey Simpson,
Donald Savoie, and John Gomery—argued that both Parliament and the Cabinet had become eclipsed
by prime ministerial power.[32] Thus, defeats of majority governments on issues of confidence are
very rare. In contrast, a minority government is more volatile, and is more likely to fall due to loss of
confidence. The last prime ministers to lose confidence votes were Stephen Harper in 2011, Paul
Martin in 2005 and Joe Clark in 1979, all involving minority governments.
Privileges
Parliament possesses a number of privileges, collectively and accordingly known as parliamentary
privilege, each house being the guardian and administrator of its own set of rights. Parliament itself
determines the extent of parliamentary privilege, each house overseeing its own affairs, but the
constitution bars it from conferring any "exceeding those at the passing of such an Act held, enjoyed,
and exercised by the [British House of] Commons... and by the Members thereof."[33]
The foremost dispensation held by both houses of Parliament is that of freedom of speech in debate;
nothing said within the chambers may be questioned by any court or other institution outside of
Parliament. In particular, a member of either house cannot be sued for slander based on words
uttered in the course of parliamentary proceedings, the only restraint on debate being set by the
standing orders of each house. Further, MPs and senators are immune to arrest in civil (but not
criminal) cases, from jury service and attendance in courts as witnesses. They may, however, be
disciplined by their colleagues for breach of the rules, including contempt of Parliament
—disobedience of its authority; for example, giving false testimony before a parliamentary
committee—and breaches of its own privileges.
The Canadian Heraldic Authority, on 15 April 2008, granted the Parliament of Canada, as an
institution, a heraldic achievement composed of symbols of the three elements of Parliament: the
escutcheon of the Royal Arms of Canada (representing the Queen) with the maces of the House of
Commons and Senate crossed behind.[34]
The budget for the Parliament of Canada for the 2010 fiscal year was $583,567,000.[35]
History
Following the cession of New France to the United Kingdom in the 1763 Treaty of Paris, Canada was
governed according to the Royal Proclamation issued by King George III in that same year. To this
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was added the Quebec Act, by which the power to make ordinances was granted to a governor-in-
council, both the governor and council being appointed by the British monarch in Westminster, on
the advice of his or her ministers there. In 1791, the Province of Quebec was divided into Upper and
Lower Canada, each with an elected legislative assembly, an appointed legislative council, and a
governor, mirroring the parliamentary structure in Britain.
During the War of 1812, American troops set fire to the buildings of the Legislative Assembly of Upper
Canada in York (now Toronto). In 1841, the British government united the two Canadas into the
Province of Canada, with a single legislature composed of, again, an assembly, council, and governor
general; the 84 members of the lower chamber were equally divided among the two former provinces,
though Lower Canada had a higher population. The governor still held significant personal influence
over Canadian affairs until 1848, when responsible government was implemented in Canada.
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The Canadian House of Commons and Senate last requested the Parliament of the United Kingdom to
enact a constitutional amendment in 1982, in the form of the Canada Act 1982 which included the
Constitution Act, 1982.[36] This legislation terminated the power of the British Parliament's ability to
legislate for Canada and the authority to amend the constitution was transferred to the Canadian
House of Commons, the Senate, and the provincial legislative assemblies, acting jointly. Most
amendments require the consent of the Senate, the House of Commons, and the legislative assemblies
of two-thirds of the provinces representing a majority of the population; the unanimous consent of
provincial legislative assemblies is required for certain amendments, including those affecting the
sovereign, the governor general, the provincial lieutenant governors, the official status of the English
and French languages, the Supreme Court of Canada, and the amending formulas themselves.
See also
Hansard Canada portal
Joint address Politics portal
List of Canadian federal parliaments
Procedural officers and senior officials of the Parliament of Canada
Records of members of Parliament of Canada
House of Commons of Canada
Senate of Canada
Politics of Canada
List of legislatures by country
Parliament Hill
Notes
1. On 1 September 1919, Edward, Prince of Wales (later King Edward VIII) read the Speech From
the Throne at the opening of the third session of the 13th Canadian Parliament.
2. Although rare, at times the incorrect version of a bill is transmitted between houses (i.e. not what
passed third reading)—causing procedural problems, especially if not caught quickly, allowing the
other house to advance the incorrect bill through multiple stages. For the last two occurrences
(2014 and 2001), see Jordan Press (28 August 2014). "House of Commons to Correct Errors in
Crime Bill it Sent to Senate" (https://ottawacitizen.com/news/national/house-of-commons-to-correc
t-errors-in-crime-bill-it-sent-to-senate). Ottawa Citizen. National News. Retrieved 7 June 2019..
References
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External links
Official website (https://parl.ca)
Canadian Governments Compared (http://etatscanadiens-canadiangovernments.enap.ca/fr/index.
aspx)
Open Parliament: MP vote and speech tracker - keep tabs on Parliament (https://openparliament.
ca/)
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