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CANADA
House of Commons

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name Parliament of Canada - Parlement du Canada
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Structure of parliament Bicameral
Chamber name House of Commons
Related chamber (for bicameral parliaments) Senate
Affiliation to the IPU Yes
Affiliation date(s) 1912 -1933
1960 -
LEADERSHIP
President Geoff Regan (M) 
Notes Elected on 3 Dec. 2015.
Secretary General Charles Robert (M) 
Notes 10 July 2017 -
COMPOSITION
Members (statutory / current number) 338 / 337
PERCENTAGE OF WOMEN


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Women (current number) 91 (27.00%)
Mode of designation directly elected 338
Term 4 years; Subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election.
Last renewal dates 19 October 2015
(View details)
CONTACT INFORMATION
Address Parlement du Canada
Affaires internationales et interparlementaires
OTTAWA, Ontario, K1A 0A6
(Export mailing lists)
Phone 1-613-943-5959
Fax 1-613-947-0792
E-mail iiad@parl.gc.ca
Website
http://www.parl.gc.ca

ELECTORAL SYSTEM

Parliament name Parliament of Canada - Parlement du Canada
Structure of parliament Bicameral
Chamber name House of Commons
Related chamber (for bicameral parliaments) Senate
LEGAL FRAMEWORK
Electoral law 1 September 2000
Last updated: 5 October 2013 (Representation Order)
Mode of designation directly elected 338
Constituencies 338 single-member constituencies :
- 121 members from Ontario
- 78 from Québec
- 42 from British Columbia
- 34 from Alberta
- 14 each from Manitoba and Saskatchewan
- 11 from Nova Scotia
- 10 from New Brunswick
- 7 from Newfoundland and Labrador
- 4 from Prince Edward Island
- 1 from the Northwest Territories
- 1 from Nunavut
- 1 from Yukon
Voting system Majority: Simple majority vote (single-member plurality system, first past the post)
A general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election.
Vacancies arising between general elections are filled through by-elections.
Voting is not compulsory.
Voter requirements - age: 18
- Canadian citizenship
- residence in Canada; non-residents (except diplomats, armed forces personnel or other government officials abroad) cannot have been absent for more than 5 years
- disqualifications: corrupt or illegal practices, Chief and Assistant Chief Electoral Officer
CANDIDATES
Eligibility - qualified electors
- age: 18
- Canadian citizenship
- residence in Canada; non-residents cannot have been absent for more than five consecutive years
- ineligibilities: electoral fraud, conviction for corrupt or illegal election practices (for five to seven years), for candidates in the previous election, failure to file an election finance report
Incompatibilities - certain public and election officers
- members of provincial legislatures
- judges
Candidacy requirements - the names, addresses and signatures, provided in the presence of a witness, of at least 100 electors resident in the electoral district (50 electors in sparsely populated districts)
- the closing day for nominations is on Monday, the 21st day before polling day.
- mandatory deposit (1,000 Canadian dollars) accompanying the nomination; full amount of deposit is reimbursed if required financial reports are submitted within specified time after election day. Candidates who have obtained at least 10 per cent of the valid votes cast within their electoral districts are entitled to a partial reimbursement of their paid expenses and their paid personal expenses.

LAST ELECTIONS

Parliament name Parliament of Canada - Parlement du Canada
Structure of parliament Bicameral
Chamber name House of Commons
Related chamber (for bicameral parliaments) Senate
BACKGROUND
Dates of election / renewal (from/to) 19 October 2015
Timing and scope of renewal The Liberal Party, led by Mr. Justin Trudeau - a son of former Prime Minister Pierre Trudeau - won an outright majority in the enlarged 338-member House of Commons, thereby denying a fourth term to Prime Minister Stephen Harper and his Conservative Party. The Liberal Party - which was only the third largest party in the outgoing legislature - increased its share of seats from 11% to 54%. On the contrary, the New Democratic Party (NDP), led by Mr. Thomas Mulcair, saw its share of seats reduced from 33% to 13% and came in third. A record 10 indigenous people entered the House of Commons, up from seven in the 2011 elections. Mr. Harper conceded defeat and resigned as party leader. The 43-year-old new Prime Minister immediately announced that Canada would withdraw its fighter jets from the US-led mission against Islamic State in Iraq and Syria. His Cabinet, composed equally of men and women, was sworn in on 4 November.

The 2015 elections saw a record 78-day campaigning period , the longest in Canada since 1872. During the election campaign, the major parties focused on the economy, taxation and the budget. Prime Minister Harper promised low taxes, balanced budgets and more austerity. Liberal leader Trudeau said he would run a budget deficit to invest more in the country's economy.
Date of previous elections: 2 May 2011

Date of dissolution of the outgoing legislature: 2 August 2015

Timing of election: Upon normal expiry

Expected date of next elections: 21 October 2019*
*Subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election.

Number of seats at stake: 308 (full renewal)

Number of candidates: 1,792 (1,256 men, 536 women)

Percentage of women candidates: 29.9%

Number of parties contesting the election: 23

Number of parties winning seats: 5

Alternation of power: Yes

Number of parties in government: 1

Names of parties in government: Liberal Party

Date of the first session of the new parliament: 3 December 2015

Name of the new Speaker: Mr. Geoff Regan (Liberal Party)
STATISTICS
Voter turnout
Round no 119 October 2015
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
26'044'131
17'711'983 (68.01%)

Notes Voter turnout does not include electors who registered on election day.
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Liberal Party
Conservative Party
New Democratic Party (NDP)
Bloc Québécois (BQ)
Green Party
Distribution of seats
Round no 1
Political Group Total of seats
Liberal Party 184
Conservative Party 99
New Democratic Party (NDP) 44
Bloc Québécois (BQ) 10
Green Party 1
Distribution of seats according to sex
Men

Women

Percent of women
250

88

26.04%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
Parliament (12.11.2015, 03.12.2015, 01.01.2017, 10.01.2018)
Report on the 42nd General Election of October 19, 2015
https://lop.parl.ca/sites/ParlInfo/default/fr_CA/Personnes/parlementaires
http://www.parl.gc.ca/Parliamentarians/en/members
http://enr.elections.ca/National.aspx?lang=e
http://www.theglobeandmail.com

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name Parliament of Canada - Parlement du Canada
Structure of parliament Bicameral
Chamber name House of Commons
Related chamber (for bicameral parliaments) Senate
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the House of Commons
Term - duration: 4 years (term of House)
- reasons for interruption of the term: resignation, dissolution of the Parliament, death
Appointment - elected by Members of the House of Commons at the first order of business at the first meeting of a new Parliament and
- after Members' mandates are validated and after Members are sworn in
Eligibility - all Members, except Cabinet Ministers and party leaders, are eligible
- those not wishing to pose their candidacy must notify the Clerk of the House in writing by 6:00 p.m. on the day preceding the day on which the election is to take place
Voting system - formal vote, by secret ballot
- the Member presiding over the election read the names in alphabetical order of those who are eligible for post - the Clerk distributes the ballots and Members write the name of their choice. If no candidate obtains a majority of the votes in the first round, a second round will be held and so on - no new candidates are permitted and the candidates who receive 5% or less of the total votes cast, are dropped from the list - the candidate receiving the majority of the votes cast is elected
Procedures / results - the Member who has the longest period of unbroken service (but who is neither a Cabinet Minister, nor holds any office within the House, including a party leader) presides over the election during the voting
- the Clerk of the House supervises the voting and counts the ballots
- the presiding Member announces the results without any delay
- the results cannot be challenged
STATUS
Status - ranks fifth in the Table of Precedence for Canada, after the Speaker of the Senate
- is charged with selecting a number of Members to comprise a Panel of Chairmen of Legislative Committees
- is honorary Chairman of all Parliamentary Associations to which Canada belongs
- represents the House of Commons with the public authorities and in international bodies
- in the absence of the Speaker, the Deputy Speaker and Chairman of Committees of the Whole or one of the 3 others chair occupants can assume his role and functions
Board - Board of Internal Economy is regulated by the Parliament of Canada Act
- iscomposed of 11 persons
- Chairman is the Speaker -
- is in charge of the administrative and financial matters concerning the House, its staff and its members
- usually meets once every two weeks
- has set up a number of sub-committees to examine specific issues
Material facilities - salary ($ 64 000)
+ expense allowance ($ 21 300) + supplementary allowance ($ 49 100 per annum)
- official residence + an appartment in the Centre Block
- official car and driver
- valets and additional support staff
FUNCTIONS
Organization of parliamentary business - sessions of Parliament may only been convened by the Governor General
- enforces the rules governing speaking times which are outlined in the Standing Orders
- is responsible for grouping amendments at report stage for debate and voting purposes and for ruling on the admissibility of amendments offered at all stages of the legislative process
- decides whether or not a motion to establish a committee is procedurally admissible, but has no power to either propose or establish a House committee
Chairing of public sittings - can open, adjourn and close sittings but only as empowered to do so by the Standing Orders and precedents of the House
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly
- takes disciplinary measures in the event of disturbance, and lifts such measures
- holds the ultimate authority to recognize list of Members who wish to speak and gives and withdraws permission to speak
- cannot request a vote on a matter but puts the question on a motion when debate collapses
- may adjourn the House if quorum cannot be reached at the beginning of a sitting, after he may verify quorum only if requested to do so by a MP
- authenticates the adopted texts and the records of debates
- interprets the rules or other regulations according to precedents
- there are procedures to allow the Speaker to receive and grant requests for emergency debates
Special powers - is an active participant for establishing the Chamber's budget, as Chairman of the Board of Internal Economy
- may hire, assign and promote his personnal staff, but the Human Resources Directorate is responsible for the administration, including recruiting
- is responsible for relations with foreign Parliaments
- is responsible for safety and, in this capacity, can call the police in the event of disturbance in the Chamber
Speaking and voting rights, other functions - may rule motions out of order on procedural grounds
- takes only part in voting in the event of a tie
- is charged with appointing individuals to electoral boundaries commissions

PARLIAMENTARY MANDATE

Parliament name Parliament of Canada - Parlement du Canada
Structure of parliament Bicameral
Chamber name House of Commons
Related chamber (for bicameral parliaments) Senate
NATURE
Nature of the mandate · Free representation (see also Art. 23 (1) of the Standing Orders of the House of Commons)
Start of the mandate · When the MP is appointed, i.e. when the teller signs an MP's election report (Art. 50 of the Constitutional Law, 1867, codified as at 01.04.1996). However, an MP may not occupy his seat until he has taken the oath of allegiance (Art. 128 of the Constitutional Law, 1867).
Validation of mandates · No validation
End of the mandate · On the day when the legal term of the House ends or on the day of early dissolution (Art. 50 of the Constitutional Law, 1867). In both cases, MPs remain in office for salary purposes until the day of the election (Art. 69 of the Parliament of Canada Act.). The Administrative Rules and Regulations of the Board of Internal Economy provide that MPs shall continue to serve their constituents during the electoral period.
Can MPs resign? Yes · Yes, of their own free will (Art. 25 (1) of the Parliament of Canada Act)
· Procedure (Art. 25 to 27 of the Parliament of Canada Act)
· Authority competent to accept the resignation: the Speaker of the House of Commons
Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter:
- Exclusion usually comes after an MP has been found guilty of a crime by a court. However, an official decision by the House of Commons is also needed to expel the MP from that body.
- The House may also definitively expel an MP for insulting Parliament, misconduct or other reasons (see also Code of Conduct). Procedure.
(b) Loss of mandate for incompatibility:
- Election of an MP to a provincial legislature (Art. 23 of the Parliament of Canada Act)
- Public duties and offices (Art. 32 and 35 of the Parliament of Canada Act)
- Parties to public contracts (Art. 34 and 35 of the Parliament of Canada Act). See also Code of Conduct.
- Trading of favours (Art. 41 of the Parliament of Canada Act). See also Code of Conduct.
STATUS OF MEMBERS
Rank in hierarchy · Within Parliament: MPs enjoy equal status.
· Outside Parliament: the official order of precedence ranks the Speaker of the House of Commons in the 5th position, the Leader of the Opposition in the 8th position and Members of the House of Commons in the 20th position (version of 04.11.1993).
Indemnities, facilities and services · Special passport (neither diplomatic nor official)
· Basic salary: CAN$ 64,400/month (as at 01.01.1991)
+ Additional allowance: for certain special functions
+ Expense allowance: CAN$ 21,300/year to CAN$ 28,200/year (depending on size of electoral district)
· Tax exemption for the expense allowance
· Pension scheme according to the 1952 Members of Parliament Retiring Allowance Act, last amended in 1995 (most important provisions)
· Other facilities:
(a) Secretariat/assistants: on Parliament Hill, furnished office and office supplies. "Office budget" for secretariat and assistants, etc., calculated on the basis of type of electoral district
(b) Official housing: see (e) Travel and transport
(c) Official car for the Speaker of the House and party leaders
(d) Postal and telephone services: for the office on Parliament Hill, free postage, telephone calls within Canada and almost everywhere in the US, e-mail. MPs' postage privileges are maintained for 10 days following (early) dissolution of Parliament.
(e) Travel and transport primarily on the basis of a points system
(f) Other
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept exists, and is called "freedom of speech". The privileges, immunities and powers granted to the House of Commons are those of the British House of Commons (see Art. 18 of the Constitutional Law, 1867 and Art. 4 of the Parliament of Canada Act).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. Words spoken by MPs outside Parliament which refer to an action exercised in Parliament may come under another form of privilege.
· Derogations: insulting Parliament (see Discipline)
· Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate.
Parliamentary immunity - parliamentary inviolability · The concept exists. The privileges, immunities and powers granted to the House of Commons are those of the British House of Commons (see Art. 18 of the Constitutional Law, 1867 and Art. 4 of the Parliament of Canada Act).
· It applies only to civil proceedings, covers all offences but only protects MPs from arrest and from being held in preventive custody, not from the opening of judicial proceedings against them and from their homes being searched. However, any searches of an MP's office on the premises of Parliament are subject to prior authorisation from the Speaker of the House of Commons.
· No derogations are foreseen.
· Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal while Parliament is in session, and in cases where an MP is a party to proceedings as plaintiff or defendant or the accused.
· Protection is provided from 40 days before the start of the session up to 40 days after its prolongation or the early dissolution of Parliament. As it does not in general cover proceedings, it does not cover judicial proceedings instituted against MPs before their election.
· Parliamentary immunity (inviolability) can be lifted:
- Competent authority to decide accordingly: the House of Commons
- MPs can be heard. Their only means of appeal is before the House of Commons itself.
· The House of Commons cannot subject the prosecution and/or detention to certain conditions. However, the courts, out of deference for the institution, are often prepared to collaborate to ensure that their proceedings do not coincide with sittings of the House of Commons.
· The House of Commons cannot suspend the prosecution and/or detention of one of its members.
· In the event of preventive custody or imprisonment, the MPs concerned can only be authorised to attend sittings of Parliament by the judicial or penitentiary authorities.
EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by the Clerk of the House with the collaboration of the Parliamentary Library. The various political parties also offer information meetings on the work and role of MPs.
· Handbooks of parliamentary procedure:
- The Précis of Procedure
- Beauchesne's Parliamentary Rules and Forms (1991)
- Annotated Standing Orders of the House of Commons
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings. However, the sum of CAN$ 60/day is deducted from the sessional allowance and the expense allowances for each day, over and above 21, that MPs fail to attend sittings of the House.
Discipline · The Standing Orders only set out in general terms the powers available to the Speaker to maintain order and decorum in the House (see Art. 10 of the Standing Orders of the House of Commons). In practice, the Speaker has broad powers relating to both questions such as dress codes during deliberations and rules governing debate. See also Art. 11 of the Standing Orders of the House of Commons.
· Disciplinary measures foreseen:
- Call to order
- Naming with an order to leave the sitting (Art. 11 of the Standing Orders of the House of Commons) or with any other measure taken by the House
- Exclusion from Parliament
- Reprimand, admonition, suspension, imprisonment, etc.
· Specific cases:
- Insulting Parliament: all possible penalties
· Competent body to judge such cases/to impose penalties:
- Call to order, naming and order to leave the sitting (Art. 11 of the Standing Orders of the House of Commons): the Speaker
- Suspension from Parliament, exclusion from Parliament, reprimand, admonition, imprisonment, etc.: the House of Commons
- Specific cases (insulting Parliament): the Speaker of the House of Commons (see Procedure, contempt of Parliament)
· Procedure:
- For naming and order to leave the sitting see Art. 11 of the Standing Orders of the House of Commons
- Suspension from Parliament
- Exclusion from Parliament: this usually occurs once a file on the conviction has been deposited with the Board or following the submission of a committee report.
Insulting Parliament
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 34 and 41 of the Parliament of Canada Act, Art. 121 and 122 of the Criminal Code).
· Penalties foreseen for violation of these rules:
- In case of violation of Art. 34 of the Parliament of Canada Act (ban on being a party to public contracts), MPs lose their mandate and are liable to a penalty of CAN$ 200 for each day they continue to sit or vote (Art. 35 and 36 of the Parliament of Canada Act).
- MPs who contravene Art. 41 of the Parliament of Canada Act (ban on trading of favours) are liable to a fine of CAN$ 500 to 2,000. They also have their mandate revoked and may not hold office in the federal public administration for a period of 5 years after they have been found guilty (Art. 41 (2) of the Parliament of Canada Act).
- In case of violations of the Criminal Code, Art. 750 of the Criminal Code stipulates that any person holding public office who is found guilty of a criminal act and sentenced accordingly to two years' imprisonment or more shall be unable to stand for election, to sit or to vote as a Member of Parliament until he has served the sentence imposed upon him.
· Competent body to judge such cases/to impose penalties: the House of Commons itself or the courts. As the competence of the House over its Members is exclusive, an official decision of the House is required in the final instance to deprive an MP of his mandate following a violation of the Criminal Code.
· Procedure: MPs may, as a means of appeal, have themselves heard during the deliberations held by Parliament or before the court.
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 10 January 2018
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