Inside Canada's parliament

The Institutions

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• « ... Consisting of the Queen ... »
• « … an Upper House styled the Senate… »
• « … and the House of Commons. »
• The Role of the Opposition
• The Administration of Parliament
• Private Members
• The Broader Context of Parliament

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“There shall be One Parliament for Canada, consisting of the Queen, an Upper House styled the Senate and the House of Commons.”  With these simple words written in the Constitution Act, 1867, the founders of Confederation drew on the British model they knew best to give shape to Canada’s legislature.

The three institutions of Parliament are the Crown, the Senate and the House of Commons.  These bodies complement one another in their composition and functions.

« … Consisting of the Queen … »

In her capacity as Sovereign of Canada, the Constitution declares that executive authority is vested in the Queen (s. 9).  While the Prime Minister exercises the powers of the Head of Government, the official functions of the Head of State are carried out by a person with no political affiliation — the Governor General — who is appointed by the Queen as her personal representative on the advice of the Prime Minister.

The Governor General today performs official duties on the advice of the Government. The Crown’s presence in Canada is still evident in the Governor General’s constitutional powers, including:

• choosing the Prime Minister of Canada. By convention, this means selecting the leader of the party with the majority of seats in the House of Commons.  However, in the event that no party has a majority, the Governor General will call upon the party leader most likely to keep the confidence of the House of Commons.
• summoning Parliament, giving Royal Assent to legislation, and signing State documents.
• dissolving Parliament which, by convention, means accepting the advice of the Prime Minister to proceed to an election within five years of a government’s life.  If, however, the Government is defeated on a vote of confidence, the Governor General decides in the best interests of Canada and having the advice of the Prime Minister, whether to proceed with an election or ask the Opposition to form the Government.

The Governor General also fulfills important ceremonial duties — recognizing the achievements of outstanding Canadians, receiving foreign delegations, travelling overseas as Canada’s Head of State, and hosting and taking part in official events.

« … an Upper House styled the Senate »

During the debates which led to Confederation in 1867, Sir John A. Macdonald, who would become Canada’s first Prime Minister, pointed to the primary purpose of the Senate as “calmly considering the legislation initiated by the popular branch, and preventing any hasty or ill-considered legislation which may come from that body”.  The Senate’s intended role was also to safeguard regional, provincial and minority interests. 

Some basic facts about the Senate include:

• It has 105 members of different political parties, as well as independents.  They are summoned by the Governor General on the recommendation of the Prime Minister.
• Senate seats are allocated to provide each region of the country with equal representation.  Over half of the seats in the Senate are distributed to the less populated parts of the country, complementing the representation-by-population basis of the House of Commons.
• Senators must be over 30 years of age, must own property and must reside in the region they represent.  Like judges, their independence is protected by tenure until the age of 75.
• Senators participate in debates in the Senate Chamber, review legislation and government estimates and investigate policy matters and issues of concern to Canadians in committee, discussing party policy and strategy in caucus meetings.
• Bills can be introduced in the Senate unless they raise or allocate public funds.  To become law, a bill must be passed by both the Senate and the House of Commons before receiving Royal Assent in the Senate.

« … and the House of Commons. »

The House of Commons provides for the representation of the country’s population in the national assembly.  Some key facts about the House of Commons:

• There are 308 seats in the House of Commons, distributed among the provinces roughly according to population.  To ensure a minimum level of representation from each province, no province can have fewer seats than it has members in the Senate.
• The Government must have the support of the House of Commons and retain its confidence in order to stay in power.  If the Government loses a vote on a major measure, including a budget or tax bill, or on any motion of non-confidence, it is expected to resign or to ask the Governor General to call a general election.  This constitutional convention reflects the principle of responsible government, which ensures that the Prime Minister and the Cabinet cannot govern without the consent of the elected House of Commons and makes them ultimately accountable to the people.
• Canadians elect a Member of the House of Commons to represent their constituency (also known as a riding).  The candidate with the most votes is awarded a seat in the House of Commons and serves for the life of the Parliament (a maximum term of five years).  Members may then seek re-election.
• Various political parties are represented in the House of Commons, although some Members may have no affiliation to an organized party.
• The House of Commons Chamber is divided into Government and Opposition sides.  Any Member not affiliated with the governing party is part of the Opposition.
• Members of the House of Commons deal with the major issues of the day and formulate federal laws by taking part in debates, and by sitting on committees which investigate policy issues and review bills.  They maintain close contact with their constituents and discuss policy and strategy with fellow party members in caucus.
• Before any bill becomes law, it must be passed by both the House of Commons and the Senate.

The Role of the Opposition

In Canada, the party with the greatest number of elected representatives that is not the governing party becomes Her Majesty’s Loyal Opposition.  This party takes the lead in holding the Government accountable for its policies and actions.  The leader of this party becomes the leader of the Official Opposition, sitting directly across from the Prime Minister.  The duty of the Official Opposition and other opposition parties is to “challenge” government policies and suggest improvements, and present an alternative to the current Government’s policy agenda.

Opposition members have various opportunities to influence the formulation of laws and policies, including the daily Question Period in the House of Commons.  The Opposition is allocated 20 “Opposition Days” or “Supply Days” each calendar year when it can propose a motion for debate and criticize the Government on issues of broad national policy.  Members of opposition parties also serve on parliamentary committees in both the Senate and the House of Commons.

In the Senate, the Opposition often plays a less partisan role.  The Leader of the Opposition in the Senate leads the Opposition in debate, coordinates its daily activities and confers with the Leader of the Government in the Senate on its business.  The Leader of the Opposition, like the Leader of the Government, is an ex officio member of all standing committees and helps coordinate party strategy.

The Administration of Parliament

The administrative organizations of the Senate, the House of Commons and the Library of Parliament provide a wide range of services to parliamentarians.  The Administration in both the Senate (400 employees) and the House of Commons (1,300 employees) works “behind the scenes” to serve parliamentarians.  Its support includes procedural and legal services (advice and support for legislative and committee work), precinct services (security, architectural planning, and building support and maintenance) and administrative services (human resources, communications, information technology, printing, finance and corporate management).

The Senate Administration
The Standing Committee on Internal Economy, Budgets and Administration oversees the internal affairs of the Senate, including all administrative and financial matters.  Composed of 15 Senators, as set out in the Rules of the Senate, it meets on a regular basis, usually holding its meetings in public.  All budget applications from Senate Committees are considered publicly.  Ad hoc sub-committees are appointed from time to time to deal with specific issues relating to, for example, communications, information technologies, finance and personnel, or accommodation and facilities.

The House of Commons Administration
The Parliament of Canada Act entrusts the financial management of the House of Commons to the Board of Internal Economy (BOIE).  The Board is composed of 11 Members of the House of Commons, chaired by the Speaker of the House of Commons, and includes representatives of the governing party and all recognized opposition parties.

The Library of Parliament

The administration of the Library of Parliament is entrusted to the Parliamentary Librarian who manages according to orders and regulations approved by the Speakers of the two Houses, assisted by a standing joint committee of Senators and Members of the House of Commons.  Established at Confederation to meet the information needs of the newly-created Parliament of Canada, the Library of Parliament today provides comprehensive information, documentation, research and analysis services to parliamentarians and their staff, committees, associations and delegations, and senior Senate and House of Commons officials.  Over 600,000 documents — including books, periodicals, brochures and theses — line the shelves of the Library, which also serves Parliament through the use of “state-of-the-art” information technologies and a collection of well over one million items (books, periodicals, brochures and Library microforms), of which over 400,000 titles are catalogued in the integrated system.  In addition, the Library offers a full range of research services, provided by its staff of lawyers, economists, scientists and government and social policy specialists.  All Library services are provided on a strictly confidential and non-partisan basis.

Although its library and research services are reserved for parliamentarians and Parliament, the Library offers a range of products and services designed to promote public awareness about the history, role and activities of Parliament.  The Library produces information kits, brochures and fact sheets for distribution to the public, organizes guided tours and visitor programs in the Parliament buildings, and offers educational programs and services — such as the annual Teachers’ Institute on Canadian Parliamentary Democracy.

Private Members

The term “private Member” refers to any Member in either the Senate or the House of Commons, sitting with the Government or the Opposition, who does not hold an office or a partisan leadership position.  Also called “backbenchers” because they do not usually sit in the first row, these parliamentarians constitute the vast majority of the membership in the Senate and the House of Commons.

While most of the business debated in Parliament is sponsored by the Government, private Members also have the opportunity to bring forward their own initiatives for consideration by their respective Houses.  Any private Member proposing a bill must make sure that it does not involve the expenditure of public money, as such bills can only be sponsored by a minister in the House of Commons.

In the Senate, individual Senators have a variety of opportunities to bring matters of particular concern before the entire Senate on any sitting day.  With one or two days’ notice, a Senator can launch a debate or an inquiry that is non-votable, seek to establish a committee to investigate any topic falling within federal jurisdiction or present a bill for adoption by Parliament.

In the House of Commons, consideration of business proposed by private Members is limited to five hours each week.  As in the Senate, these items of business can include motions or bills.  Private Members must manage a series of steps in competition with other Members that tends to limit the number of private Members’ motions or bills that are actively voted upon during the course of a parliamentary session.  Nonetheless, Private Members’ Business is an important vehicle for airing the concerns or preoccupations of parliamentarians and the citizens they represent.

The Broader Context of Parliament

Parliament as a legislative body functions as an instrument of government within a broader structure that includes the Executive Branch and the Judicial Branch.

In the Westminster-based model of parliamentary government, the Executive, comprised of the Prime Minister and the Cabinet, is incorporated into Parliament, while retaining a separate sphere of authority and autonomy.  The Judiciary, consisting of the Supreme Court and all the other courts of the land, is the third branch of government that is also independent of either Parliament or the Executive.

Canada’s Parliamentary System

The Prime Minister and Cabinet
By convention, the leader of the political party with the largest number of seats in the House of Commons is appointed Prime Minister.  Members of the Cabinet are selected by the Prime Minister, primarily from the elected members of that party.  Together, the Prime Minister and the Cabinet form the executive branch of Parliament, appointed to carry out actions authorized by Parliament and govern the country.

Traditionally, the Prime Minister tries to ensure that every province is represented by at least one Cabinet Minister.  If voters in a province do not elect any government supporters, the Prime Minister may choose a Senator from that province for the Cabinet.

Most Cabinet Ministers are responsible for the administration of one or more government departments and report to Parliament on their departments’ activities.  To ensure a productive relationship between the Cabinet and the Senate, the Leader of the Government in the Senate usually serves as a Cabinet Minister — the benefit being that there is someone in the Senate who can speak for the government of the day.

The Prime Minister and Members of Cabinet are accountable to the House of Commons.  Ministers answer questions, propose legislation and defend the policies on behalf of their department and the Government against the scrutiny of the opposition parties.

The Federal Bureaucracy
The laws and policies of Parliament are put into practice by a network of federal departments.  The division of responsibilities among departments is largely functional (for example, communications, industry, health).  The Privy Council Office (PCO), in particular, is closely linked to the work of Parliament, serving a dual role as the Prime Minister’s department and the Secretariat to the Cabinet.  PCO provides support to the Prime Minister in such areas as priority setting, policy development and coordination, ministerial mandates and government organization, national security and senior appointments.  In its role as Secretariat to the Cabinet, PCO offers strategic policy advice, organizes Cabinet and its committee meetings, briefs their chairpersons, records committee decisions and distributes information to interested parties.

The Judicial Branch
A cornerstone of Canada’s system of government is an independent judiciary.  The “rule of law” means that no one is above the law — not the Government or the Prime Minister, not the Queen or the Governor General, nor Parliament itself, and nor the courts themselves.

This is especially important in a country like Canada with a federal system of government where legislative powers are divided between the national and provincial governments, and with a constitutional Charter of Rights and Freedoms.  Since 1949, when appeals to the British Privy Council were finally abolished, the Supreme Court has been the highest court in the land.  It makes final decisions on the interpretation of law based on the Constitution.  The court is composed of nine judges, three of whom must come from Quebec.  Judges of the Supreme Court and higher level federal and provincial courts are appointed by the Governor General on the advice of Cabinet and hold office until they reach age 75.