IPU PARLINE database: CANADA (Senate), Oversight

Parliament name

Parliament of Canada - Parlement du Canada

Structure of parliament

Bicameral

Chamber name

Senate

Related chamber (for bicameral parliaments)

House of Commons

Type of political regime

parliamentary / constitutional monarchy

Notes

The 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

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 minister of the Government. If the House is not sitting, Parliament is dissolved by a proclamation of the Governor-General.

Between 1991 and 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

Senators can put oral and written questions to the Government (rule 24(1) of the rules of the Senate). A question that seeks statistical or other information not readily available, or to which an answer in writing is desired, is sent in writing to the Clerk to be placed on the order paper until answered. Time is set aside for question period, which lasts 30 minutes, depending on whether there are any questions. A debate is out of order on an oral question, but brief explanatory remarks may be made by the Senator who asks the question and by the Senator who answers it. The leader of Government in the Senate has the option to provide an answer orally or in writing. Also, a Senator can request a written response to a question.

Government reports to Parliament

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

The Government is accountable to the House of Commons, but the legislative procedure allows for oversight by the Senate, too. By evaluating legislation, the Senate makes Government accountable for its legislation through hearings and in proposing amendments to the House.

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

Circumstances

Not applicable

Modalites

Not applicable

Consequences

Not applicable

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

Circumstances and persons concerned

Not applicable

Modalites and procedure

Not applicable

Consequences

Not applicable

Have these procedures been applied?

Not applicable

Oversight over the actions of the Government administration

Yes

The government administration is accountable to the Senate. Senators exercise oversight through committee hearings and inquiries, questions addressed to ministers during question period, emergency debates, the detailed examination of legislation, the introduction of private senator public bills and the standing Joint Committee for the scrutiny of regulations.

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

Parliament exercises oversight over the actions of the government administration through committees of inquiry.

Oral and written questions of parliamentarians

Senators can put oral and written questions to the Government, as provided by (rule 24(1) of the rules of the Senate). A question that seeks statistical or other information not readily available, or to which an answer in writing is desired, is sent in writing to the Clerk of the Senate to be placed on the order paper until answered. Time is set aside for question period, which lasts 30 minutes, depending on whether there are any questions. A debate is out of order on an oral question, but brief explanatory remarks may be made by the senator who asks the question and by the senator who answers it. The leader of the Government in the Senate has the option to provide an answer orally or in writing. Also, a senator can request a written response to a question.

Role of Parliament in the appointment of senior Government officials

The Senate does not play a role in appointing senior government officials or approving their appointment. However, the Senate does have a role in approving several agents of Parliament. The following agents are appointed after approval of the appointment by resolution of the Senate and House of Commons: the Commissioner of Official Languages for Canada, the Information Commissioner, and the Privacy Commissioner. These agents, as well as the Auditor General and the Chief Electoral Officer, may also be removed by the Governor in Council on address of the Senate and the House of Commons; in case of the Chief Electoral Officer, the removal must be for cause.

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

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. The public accounts are also tabled in the Senate.

Representation of Parliament in governing bodies of the Government administration

Not applicable

Existence of an ombudsman

No

Method for appointing the executive

Not applicable

Relationship to Parliament

Not applicable

Consultation of Parliament in the preparation of the national budget

Yes

Suggestions of the Senate Committee on national finance are taken into account in the preparation of the budget.

Modalities of oversight

Examination of the budget / finance act by Parliament

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.

Reports on the budget / finance act by Committees

The Senate Committee on National Finance is referred, if there is a motion to that effect, bills, messages, petitions, inquiries, papers and other matters relating to federal estimates generally, including (i) national accounts and the report of the Auditor General and (ii) government finance.

Fields overseen

Defence budget

Parliament exercises oversight over all funds.

Budget of special departments

Parliament exercises oversight over all funds.

Role of Parliament in national development plans

The Senate does not have a role in the preparation and implementation of national development plans, other than the role it has in reviewing legislation and conducting inquiries.

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 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 Committee on internal economy, budgets and administration has a mandate to consider all matters of a financial or administrative nature relating to the internal management of the Senate (see Section 19.4 of the Parliament of Canada Act). It reviews and authorizes the budget applications of Committees and sets guidelines and policies on items such as Senators' travel and research expenditures. The Committee is authorized to carry out its mandate on its own initiative rather than being dependent on an order of reference from the Senate (rule 86(1)(g)).

Evaluation of Government spending

Parliament approves Government expenditures annually

Yes

Not applicable

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 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

After the Government has spent public funds, it must report its use of the money authorized by Parliament. The Senate can exercise oversight over the execution of the budget and all government spending through the Senate Committee on National Finance, which, if there is a motion to that effect, can study the report of the Auditor General. The process involved in appropriating the funds required to carry on the services and expenditures authorized by Parliament operates on a fairly rigid schedule centred 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.

Foreign Relations Committee (sub-report)

Functions of the Committee

The Senate Committee on foreign relations can be referred, if there is a motion to that effect, bills, messages, petitions, inquires, papers and other matters relating to foreign and commonwealth relations generally, including (i) treaties and international agreements, (ii) external trade, (iii) foreign aid, (iv) defence, and (v) territorial and offshore matters.

Powers of the Committee

The Committee may invite the Minister of Foreign Affairs and International Trade to appear before it. Besides, senators may travel as part of their studies and participate in inter-parliamentary conferences.

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

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 Senate and the House of Commons, 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

Not available

Involvement of Parliament

Participation of Parliament in inter-governmental meetings

Senators 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 are neither necessary nor mandatory. Theoretically, the Senate 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

Activities relating to the conduct of foreign affairs fall within the royal prerogatives of the Crown, which are today exercised by the cabinet. Nonetheless, Parliament still plays an active role in foreign relations in formal associations. Also, any changes to Canadian law that may be necessary to implement treaty commitments must be approved by Parliament in legislation. The Senate can use committee studies to oversee the process of integration into regional entities. 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 Senate exercises oversight over defence policy through the Committee on Defence and Security.

Powers of the Committee

The Committee can be referred, if there is a motion to that effect, bills, messages, petitions, inquiries, papers and other matters relating to national defence and security generally, including veteran affairs.

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

Not applicable

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 thus 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 Canada's 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

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

Yes

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

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