IPU PARLINE database: CANADA (House of Commons ), Oversight

Parliament name

Parliament of Canada - Parlement du Canada

Structure of parliament

Bicameral

Chamber name

House of Commons

Related chamber (for bicameral parliaments)

Senate

Type of political regime

parliamentary / constitutional monarchy

Notes

Canada's Head of State is Queen Elizabeth II, represented by the Governor-General.

Head of the executive

Prime Minister

Notes

The Prime Minister, usually the leader of the party with the majority of seats in the House of Commons, is the head of the Government.

Method for appointing the executive

The Governor-General is appointed by the Queen on the advice of the Prime Minister. The Governor-General chooses the Prime Minister and appoints the other members of Government on the advice of the Prime Minister.

Term of office of the executive and coincidence with the term of the legislature

The appointment of the Governor-General is generally for a period of five years, but this may be shortened or extended. It does not coincide with the term of the legislature. Terms of office for the Prime Minister coincide with terms of Parliament, which is normally dissolved within its five-year term.

Incompatibility of the functions of member of the executive and member of Parliament

No

Members of the Government must be parliamentarians. A non-parliamentarian appointed to cabinet must seek election to the House of Commons.

Dissolution of Parliament

Yes

Test comment on dissolution

Circumstances

Parliament can be, and usually is, dissolved before the end of its term, without the reasons for doing so being specified.

Modalities

Dissolution is proclaimed by the Governor-General on the advice of the Prime Minister. In the absence of such advice, dissolution is automatic following the expiration of a parliament's maximum five-year term. The exercise of the right of dissolution does not require prior notification. If the House of Commons is sitting, dissolution is usually announced to the House by the Prime Minister or some other government minister. If the House is not sitting, Parliament is dissolved by a proclamation of the Governor-General.

During the period from 1991 to 2005, Parliament was dissolved four times, each time for the call of a general election. The term of Parliament may also be extended (Section 4(2) of the Constitution Act 1982). It was extended during the 1914-18 war, when the twelfth Parliament lasted 5 years, 11 months and 29 days. In that instance, the term of Parliament was extended by the British North America Act, 1916, 6-7 Geo. V., c.10 (UK), an Act that was repealed by the Statute Law Revision Act, 1927, 17-18 Geo. V., c.42 (UK).

During the period from 1991 to 2001, Parliament was dissolved three times, each time for the call of a general election. The term of Parliament may also be extended (Section 4(2) of the Constitution Act 1982). It was extended during the 1914-18 war, when the twelfth Parliament lasted 5 years, 11 months and 29 days. In that instance, the term of Parliament was extended by the British North America Act, 1916, 6-7 Geo. V., c.10 (UK), which Act was repealed by the Statute Law Revision Act, 1927, 17-18 Geo. V., c.42 (UK).

Accountability of Government to Parliament

Yes

The Government is accountable to the House of Commons. This accountability is collective.

Modalities of oversight

Oral and written questions of parliamentarians

Parliamentarians may pose questions to the Government either orally during question period, or in writing. Question period is held daily and lasts 45 minutes. Questions do not give rise to a debate during question period. During the adjournment debate at the end of the daily sitting, however, a member may raise matters that were not answered to his/her satisfaction during question period.

Government reports to Parliament

As stated in (Standing Order 32(5)), most reports issued by government departments and agencies are referred to committees. Internal departmental studies and the reports of royal commissions or commissions of inquiry are not covered under this rule. The report on plans and priorities provides additional budgetary details on each department and its programs, primarily in terms of more strategically oriented planning and results, and information with a focus on outcomes. The department performance report provides a focus on results-based accountability by reporting on accomplishments achieved against the performance expectations and results commitments as set out in the spring report on plans and priorities.

Measures

Vote of confidence on Government programs and/or legislative proposals

Legislative procedure allows for parliamentary oversight. Confidence motions may be explicitly worded motions that are expressly declared by the Government to be questions of confidence.

Motions of censure and votes of no confidence (sub-report)

Circumstances

Confidence is a matter of tradition and the circumstances for tabling a motion of censure are not specified in any statute or standing order of the House of Commons. What constitutes a question of confidence in the Government thus varies with the circumstances.

Modalites

Motions of censure do not require a qualified majority. Confidence motions may be (i) explicitly worded motions which state, in express terms, that the House has, or has no, confidence in the Government, or (ii) implicit motions of confidence, i.e. motions traditionally deemed to be questions of confidence, such as motions for the granting of supply, motions concerning the budgetary policy of the Government, and motions respecting the address in reply to the speech from the throne.

Consequences

When a motion of no confidence is adopted by the House of Commons, the head of the Government resigns along with the entire cabinet. Defeat thus usually leads to the calling of a general election. Between 1991 and 2001, no motions of censure were tabled. On the following three occasions, however, the Government declared that a certain vote would be considered as a matter of confidence. In March 1991, it declared that it would consider an opposition motion on health care as a matter of confidence. In September 1991, it declared that it would consider an opposition motion on agriculture as a matter of confidence, and in April 1998, it declared that an opposition motion on the compensation of victims of hepatitis C would be considered as a matter of confidence.

Dismissal and/or impeachment of Government and other public officials (sub-report)

Circumstances and persons concerned

Parliament does not have a procedure for dismissal (impeachment) of the executive.

Modalites and procedure

Not applicable

Consequences

Not applicable

Have these procedures been applied?

Oversight over the actions of the Government administration

Yes

The Prime Minister and other members of the cabinet are collectively responsible to the House of Commons.

Means and modalities of oversight

Hearings in Committees

Parliament exercises oversight over the actions of the Government administration by holding hearings in committees.

Committees of inquiry and missions to Government departments

Test comment on missions

Oral and written questions of parliamentarians

Parliamentarians may pose questions to ministers either orally during question period, or in writing. If the question involves a lengthy, detailed or technical response, the member gives 48 hours written notice of his or her intention to ask such a question. In giving notice, the member may also request an answer within 45 days, indicating as well if he or she wishes the answer to be given orally. After the notice requirement has been fulfilled, the question (or questions - each member may have a maximum of four on the order paper at any one time) appears on the order paper. Question period is held daily and lasts 45 minutes. Questions do not give rise to a debate during question period. During the adjournment debate at the end of the daily sitting, however, a member may raise matters that were not answered to his/her satisfaction during question period. The member has up to four minutes to speak and a minister of parliamentary secretary has two minutes to reply.

Role of Parliament in the appointment of senior Government officials

The House of Commons plays a role in examining government appointees (Standing Order Sections 110 (1-2) and 111 (1-4)). It also has a role in appointing agents of Parliament, such as the Chief Electoral Officer. The Commissioner of Official Languages for Canada, the Information Commissioner and the Privacy Commissioner are appointed after approval of the appointment by resolution of the Senate and House of Commons. These agents, as well as the Auditor General of Canada, may also be removed by the Governor in Council on address of the Senate and the House of Commons. In the case of the Chief Electoral Officer, the removal must be for cause. The House of Commons may also consider the qualifications and competence of the candidates nominated for appointment to the positions of the Clerk of the House of Commons, the Parliamentary Librarian and the Ethics Commissioner (Standing Order 111.1).

Activity reports of the Government administration and of public services or establishments

On 24 April 1997, the House of Commons passed a motion dividing on a pilot basis part III of the estimates document for each department or agency into two separate documents. The Report on Plans and Priorities, tabled in the spring, provides additional detail on each department and its programs. The Departmental Performance Report is tabled in the fall and provides a focus on results-based accountability by reporting on accomplishments achieved against the performance expectations and results commitments as set out in the Report on Plans and Priorities.

With respect to crown corporations, Sections 151 and 152 of the Financial Administration Act require that the President of the treasury board table annually in Parliament (i) a consolidated report on the businesses and activities of all parent crown corporations, including information on all crown corporations and other corporate interests of Canada, and (ii) a report indicating when annual reports and corporate plan and budget summaries were to be laid before each House (for the period ending on 31 July), and when they were actually laid before that House.

Representation of Parliament in governing bodies of the Government administration

No data

Existence of an ombudsman

No

No data

Method for appointing the executive

No data

Relationship to Parliament

No data

Consultation of Parliament in the preparation of the national budget

No

The treasury board - which is a cabinet committee - manages the Government's financial, personal and administrative responsibilities. It is responsible for preparing the Government's expenditure budget (the estimates). Each fiscal year, the Government submits estimates of expenditures to Parliament, which are structured in several parts. Beginning with an overview of total government spending in Part I, the documents become increasingly specific. Part II outlines spending according to departments, agencies and programs; it also contains the proposed wording of the conditions of government spending that Parliament will be asked to approve.

Modalities of oversight

Examination of the budget / finance act by Parliament

In the House of Commons, an extensive debate takes place on the budget. It is limited to not more than four days of resumed debate and need not be called on consecutive sitting days. The motion is worded thus: 'That the House approves in general the budgetary policy of the Government'. The process involved in appropriating the funds required to carry on the services and expenditures authorized by Parliament operates on a fairly rigid schedule centered on a fiscal year that runs from 1 April to 31 March of the following year. The fiscal year is divided into three 'supply periods', ending 23 June, 10 December, and 26 March. Deadlines for the consideration of various items of business are associated with each of the three supply periods.

Reports on the budget / finance act by Committees

The House of Commons has the following financial committees: Public Accounts Committee, Finance Committee, legislative committees (in their consideration of financial bills) and standing committees (in their consideration of the main estimates). The Standing Committee on Finance is authorized to consider and make reports upon proposals regarding the budgetary policy of the Government.

Fields overseen

Defence budget

Parliament exercises oversight over all public funds.

Budget of special departments

Parliament exercises oversight over all public funds.

Role of Parliament in national development plans

Parliament's role in the preparation and implementation of national development plans is the same role it has in overseeing any government program.

Parliament's deadline for the examination and adoption of the budget / finance act

The estimates for the coming fiscal year are tabled in the Senate and the House of Commons on or before 1 March of the expiring fiscal year. A bill based on the estimates, known as an appropriation bill, is considered first by the House, and then in the Senate, and finally receives royal assent. The deadline is 23 June. To cover the period between the beginning of the fiscal year on 1 April and 23 June, interim supply must be adopted by 26 March.

Consequences of failure by Parliament to adopt the budget / finance act

If the appropriation bill is defeated, the Government is defeated and must call a general election.

Budgetary autonomy of Parliament

Yes

The board of internal economy - which is composed of the Speaker of the House of Commons, the Deputy Speaker, two ministers, the leader of the opposition, and four other MPs - approves the estimates for the House of Commons. It then sends them, through the Speaker, to the President of the treasury board, who tables them in the House along with the Government's departmental estimates for the fiscal year. The board manages amounts allocated to the House of Commons, which include operation and administrative expenses.

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

After the Government has spent public funds, it must report on its performance by submitting to the House of Commons the annual spending plans of all departments and reports on their past year's activities, as well as the annual financial statements showing all federal spending, borrowing and taxing, known as the public accounts of Canada. Under Section 64(1) of the Financial Administration Act, the public accounts of Canada for each fiscal year are prepared by the Receiver General and are laid before the House of Commons by the President of the Treasury Board on or before 31 December following the end of that fiscal year or, if the House is not then sitting, within the first 15 days thereafter when the House is sitting.

Parliamentary oversight of public companies

Yes

With respect to public companies (crown corporations), a consolidated report on the businesses and activities of all parent crown corporations (including other corporate interests of Canada), as well as a report indicating when annual reports and corporate plan and budget summaries were to be (and when they were actually) laid before each House (for the period ending on 31 July), are tabled annually. These reports are automatically referred to the appropriate standing committees.

Modalities of oversight

Body for auditing the Government's books and method for appointing

The Auditor General audits government operations and provides the information that helps Parliament to hold the Government to account for its stewardship of public funds. He or she is appointed by the Governor in Council for a term of ten years, but the Auditor General may be removed by the Governor in Council on the address of the Senate and House of Commons.

Reports of the public auditor's office

The Auditor General submits his/her reports directly to the House of Commons, through the Speaker. With the amendment of the Auditor General Act in June 1994, the Auditor General may produce up to three reports per year in addition to the Annual Report.

Specialised committee

Parliament exercises oversight over the execution of the budget and all government spending through the examination of reports by the Auditor General and the Receiver General, through the Public Accounts Committee, the Finance Committee and other standing committees, and through questions and debate in the House of Commons. The Public Accounts Committee holds hearings attended by the Auditor General, the audit team, and senior public servants of the audited departments to review audit findings. After the hearings, the Committee may report and make recommendations to the House of Commons. Many other parliamentary Committees hold hearings on report chapters.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Standing Committee on Foreign Affairs and International Trade conducts studies and examines estimates. The Committee tables reports in the House, and may request that the Government table a comprehensive response to its report within 150 calendar days of the presentation of the report. It may also instruct its chairperson to seek the concurrence of the House in its report.

Powers of the Committee

Like all house standing committees, it has the authority to initiate its own studies to examine the department's related statutes, programs, policy objectives, expenditure plans and management. The Committee may invite the Minister of Foreign Affairs and International Trade to appear before it. Members of the Committee may also travel as part of their studies.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in Parliament.

Bilateral visits of Parliament, inter-parliamentary conferences and information missions abroad

Members of the House of Commons participate in delegations and inter-parliamentary conferences. Canada's international parliamentary relations are carried out in part through formal associations that operate on bilateral and multilateral levels on a continuous basis, as well as in friendship groups. Each of these inter-parliamentary groups or associations is composed of members of the Senate and of the House of Commons. These members meet at annual meetings and elect executive committees to coordinate and direct their activities with their counterparts. The Joint Inter-Parliamentary Council (JIC), which operates under the authority of the Speakers of the House of Commons and the Senate, is mandated with the responsibility of determining all budgetary and administrative matters relating to parliamentary associations. Specifically, the JIC determines the level of funding to be distributed to each association within the limits of the total allotments approved by the Senate Standing Committee on internal economy, budgets and administration and the House of Commons board of internal economy.

Plenary debates on foreign policy issues

Parliament exercises oversight over foreign policy by organizing plenary debates on foreign policy issues.

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Members of the House of Commons may participate in delegations.

Modalities and procedures for ratifying international treaties and agreements (sub-report)

Ratification or authorization of ratification of a treaty by Parliament is neither necessary nor mandatory. Theoretically, the House of Commons could pass a motion asking the Government to table a treaty or international instrument for ratification. In practice, however, treaty making is a prerogative of the executive, which has the option of tabling such instruments.

Other mechanisms for participation in foreign policy by Parliament

The conduct of foreign affairs falls within the royal prerogatives of the Crown, which are today exercised by the cabinet. The House of Commons exercises oversight over foreign policy through (i) the questioning of key ministers (such as the Prime Minister and the Minister of Foreign Affairs and Trade); (ii) approval of changes to Canadian law that may be necessary to implement treaty commitments; and (iii) the granting or withholding of funds and confidence from the Government. In the development of its 1995 foreign policy document entitled Canada in the World, the Government asked a special joint parliamentary committee to seek the views of Canadians and to report on the principles and priorities that should guide foreign policy.

National Defence Committee (sub-report)

Functions of the Committee

The Standing Committee on National Defence and Veteran Affairs conducts studies and examines the estimates. The Committee tables reports in the House, and may request that the Government table a comprehensive response to its report within 150 calendar days of the presentation of the report. It may also instruct its chairperson to seek the concurrence of the House in its report.

Powers of the Committee

Like all house standing committees, it has the authority to initiate its own studies to examine the department's related statutes, programs, policy objectives, expenditure plans and management.

Composition of the Committee

The composition of the Committee reflects the numerical strength of each party in Parliament.

Parliamentary oversight of public arms manufacturing companies

No data

Circumstances and involvement

Modalities and procedures in case of war, an armed attack or a state of emergency

Following the declaration of a state of emergency, Parliament considers that motion.

Role of Parliament in sending troops abroad

The cabinet can, without parliamentary approval or consultation, commit Canadian forces abroad. Command of the armed forces is exercised in the Queen's name by the cabinet acting under the leadership of the Prime Minister (Sections 15 and 19 of the Constitution Act 1867). Parliament has little direct role in such matters. Although Section 32 of the National Defence Act does not specifically give Parliament any say in the matter, this requirement may reinforce the cabinet's accountability to Parliament at such times by ensuring that parliamentarians are on hand to question and challenge the Government. Parliament plays an indirect role by voting to withhold funds. Other mechanisms enable parliamentarians to hold the Government accountable for its decisions and to register their own views, such as questions to ministers and inquiries.

Other mechanisms for participation in national defence policy by Parliament

In February 1994, a Special Joint Committee of the Senate and House of Commons was established to consult Canadians on all aspects of Canada's defence policy. Its report, entitled Security in a Changing World, played an integral role in shaping the new defence policy. Virtually all its recommendations were reflected in the 1994 White Paper on Defence, which set out Canada's defence policy. Beyond the work of the Committee, the Government involved Parliament in the formulation of defence policy through special debates on defence issues.

Circumstances

The Emergencies Act enables the federal Government to fulfil its constitutional responsibility to provide for the safety and security of Canadians during national emergencies. It ensures that the exceptional powers granted by Parliament will be no more than what is needed for the specific emergency at hand. More specifically, it includes fully safeguarded and appropriately limited exceptional powers to deal with four types of national emergencies: A state of emergency is declared by the Governor in Council (cabinet). The Emergencies Act guarantees Parliament's right to review and, if necessary, revoke emergency powers. It ensures that the Government is accountable to Parliament for its use of such powers.

(i) War emergencies means war or other armed conflict, real or imminent, involving Canada or any of its allies, (ii) public welfare emergency means a severe natural disaster or major accident affecting public welfare, which is beyond the capacity of authority of a province or territory to handle, (iii) public order emergency means a threat to the security of Canada that is so serious as to be a national emergency and is beyond the capacity or authority of a province or territory to handle, and (iv) international emergency means a situation arising from acts of intimidation or coercion or the use of serious force or violence that threatens the sovereignty, security or territorial integrity of Canada or any of its allies.

Can parliament take the initiative to declare a state of emergency

No

Test comment on declaration of the state of emergency by parliament

Consequences of a state of emergency for Parliament

The Emergencies Act requires Parliament to be summoned within seven days after the declaration of an emergency, at which time Parliament is to be given (i) a concise explanation of the reasons for the declaration of emergency, (ii) an opportunity for debate on a motion to confirm the declaration, (iii) an indication of the special measures anticipated to deal with the emergency; and (iv) an opportunity to revoke the declaration of an emergency and the special orders and regulations made pursuant to the declaration. The Government must return to Parliament with full justification for parliamentary approval of a continuation or amendment of the act's application. The existence and functioning of Parliament are not affected by the declaration of a state of emergency.

Modalities of oversight

Body ruling on the constitutionality of laws

Supreme Court / Tribunal

The Supreme Court is Canada's highest court. It is the final general court of appeal, the last judicial resort for all litigants, whether individuals or governments. Its jurisdiction embraces both the civil law of the province of Quebec and the common law of the other provinces and territories.

Means and procedures

The Governor in Council can ask the Supreme Court to hear references, i.e. to consider important questions of law such as the constitutionality or interpretation of federal or provincial legislation, or the division of powers between the federal and provincial levels of the Government. Any point in law may be referred to the Court. The Court is not often called upon to hear references, but its opinions on the questions referred to it by the Government can be of great importance. Constitutional questions may also be raised in regular appeals involving individual litigants, governments or government agencies. In such cases, the federal and provincial governments must be notified of the constitutional question and may intervene to argue it.

Evaluation of laws

No

The mandate of the Joint Committee on Scrutiny of Regulations includes the review and scrutiny of statutory instruments that are permanently referred to the Committee. A motion could be used to instruct the Government to apply the law. Members of the House of Commons could also ask questions of the Ministry or make statements in the House.

Measures

Test comment on motions

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