Briefing book for the Leader of the Government in the House of Commons

[ * ] An asterisk appears where sensitive information has been removed in accordance with the Access to Information Act and Privacy Act.

Introduction

This document provides information and advice on your roles and responsibilities as the Leader of the Government in the House of Commons and how they can be carried out. It includes information on opening the 43rd Parliament and on successfully launching the Government’s legislative agenda. It also provides analysis and considerations in relation to implementing the parliamentary reform initiatives included in the Government’s campaign platform.

The document is organized into the following sections:

  1. Ministerial roles and responsibilities – Outlines your principal work managing the Government’s program in Parliament and as a member of Cabinet
  2. Minority government considerations – Strategic information to help navigate the minority government context in Parliament
  3. Early actions – Actions and issues you may need to consider before Parliament opens, and shortly thereafter, including an early legislative agenda, platform commitments, and issues related to the Senate
  4. Managing other key house business – Managing Private Members’ Business, committee business, parliamentary returns, and considerations concerning the 2017 provisional Standing Orders on supply
  5. Strategies and support for carrying out the House Leader’s role – Operational and other advice including key regular meetings, and the support provided by the Privy Council Office (PCO)

A series of annexes are appended which provide more detailed background information on certain topics. These could serve as reference documents for you and your staff throughout the 43rd Parliament.

PCO provides specialized non-partisan public service support through your Deputy Minister, Ian McCowan, and the Legislation and House Planning Secretariat.

Further details, and advice on certain specific issues, will be discussed during in-person briefings and in subsequent briefing materials. Information on the administrative and corporate support for your office will also be provided separately. A list of potential early briefings can be found in Annex J.

I. Ministerial roles and responsibilities

The roles and responsibilities of the Leader of the Government in the House of Commons are multifaceted. You are: responsible for managing the Government’s program in Parliament and its parliamentary team; a member of Cabinet; and, the Minister responsible for two acts (the Parliament of Canada Act and the National Security and Intelligence Committee of Parliamentarians Act).

In a minority government, the Leader of the Government in the House of Commons plays an important strategic role in advancing the Government’s agenda by helping build support among opposition parties, scheduling business at times when it will find support, and managing the response to the opposition’s procedural manoeuvres.

The Prime Minister’s specific expectations of each minister for their portfolio are set out in mandate letters, through Orders in Council, and defined in the “Cabinet Directive on Law-Making” (2003) and “Open and Accountable Government”.

Overlaying these roles and responsibilities are political ones to the party, region, and your constituency.

Leader of the Government in the House of Commons

Your primary role is managing the Government’s program in Parliament, namely:

Managing the day-to-day operations of House activities primarily includes:

You are responsible for responding to the “Thursday Question” after question period on Thursdays every week. [ * ]

House Leaders meet weekly to discuss House issues. These meetings are held in private to provide frank exchanges on the management of the House.

Traditionally, the Leader of the Government in the House of Commons has been appointed to the Board of Internal Economy (BOIE), the governing body for the House of Commons’ financial and administrative matters.

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See Annex A, Annex B and Annex C for more information on your House and related responsibilities.

Government House Team

The Leader of the Government in the House of Commons provides leadership to the Government’s House of Commons team which includes the Chief Government Whip, the Parliamentary Secretary to the House Leader, the Deputy Leader of the Government in the House, and the Deputy Government Whip. A strong and cohesive parliamentary team is a key factor in ensuring the ongoing effective management of the Government’s agenda in Parliament, particularly in a minority context.

Additionally, the Government Representative in the Senate has a parallel role in advancing the Government’s agenda in the Senate.

Leadership in Caucus

Along with the Chief Government Whip, you play a leadership role in working with the Government’s caucus on parliamentary issues. 

Cabinet

As a member of Cabinet you will attend Cabinet and certain Cabinet Committees that the Prime Minister has assigned you to.

A Cabinet committee is typically established to review items such as positions on Private Members’ Bills and Senate Public Bills, approving Government Responses to Committee Reports, and approving positions linked to amendments to Government bills.

You will likely be asked to make occasional presentations on the Government’s legislative agenda, and/or other parliamentary business, and provide updates on progress. This will provide a forum to discuss key parliamentary issues with other Ministers and to ensure that major Government files in Parliament are being well managed.

Like all ministers, you are expected to provide general comments and views on policy proposals presented by Ministers. In particular, you are expected to comment on legislative proposals, parliamentary strategies, the management of the Government’s parliamentary program, and ensure that Ministers have a plan for advancing support in the House and the Senate.

While you provide overall leadership within Cabinet for the Government’s agenda in the House of Commons, each individual minister is responsible for:

Policy responsibilities

You are designated as the Minister responsible for two Acts.

The Parliament of Canada Act governs how Parliament functions, relating to the governance and internal proceedings of the House of Commons and the Senate, as well as the Board of Internal Economy.

The National Security and Intelligence Committee of Parliamentarians Act, passed in 2017, establishes the National Security and Intelligence Committee of Parliamentarians, which is comprised of members from both Houses of Parliament. The Committee is mandated to review:

As responsible Minister, you would lead any proposal to amend these statutes, including securing Cabinet approval of the proposal and sponsoring the bill in Parliament, and working with any other Ministers, should issues arise within their responsibilities that could involve these two Acts.

See section entitled Parliamentary Reform, for information on the Government’s platform commitments regarding amendments to the Parliament of Canada Act related to the non-partisan role of the Senate and for more information on the National Security and Intelligence Committee of Parliamentarians, see its section.

There are also non-legislative measures that you would be responsible for overseeing, such as changes to the Standing Orders and changes to funding through the Board of Internal Economy.

II. Minority government considerations

The current composition of the House of Commons is as follows:

This means that the Government will require the support of at least one of the three recognized parties (CPC, BQ or NDP) in order to have the majority of votes in the House.

Strategic context

Advancing the government’s agenda, and maintaining the confidence of the House, is an on-going and delicate task for a minority government. It requires different approaches to governing, particularly with respect to the management of parliamentary business.

Historically, fewer pieces of Government legislation are introduced and adopted in minority parliaments, and they are more frequently amended. As such, negotiations between parties become pivotal to the success of minority governments. Private Members’ Bills and Senate Public Bills are also more likely to be adopted, as opposition parties can vote together to pass bills even if the Government does not choose to support them.

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The Constitution Act, 1867, requires that all questions (i.e. votable items) arising in the House of Commons be decided by a simple majority, with the Speaker casting a vote in the case of a tie. For each question, this not only requires the Government to seek sufficient support for its position from the opposition, but also to assess the consequences of losing the vote.

[ * ]

The confidence convention

Confidence is a constitutional convention that has evolved over time, and political actors, media, and constitutional experts may disagree as to what constitutes a question of confidence. It is not justiciable and is not a matter of parliamentary procedure, and therefore is not an issue the Speaker can rule on. In practice, what constitutes a matter of confidence is ultimately determined by the Prime Minister whose responsibility it is to act on any votes of non-confidence by requesting that the Governor General dissolve Parliament triggering an election.

However, it is generally acknowledged that the following motions are questions of confidence:

[ * ]

Ministerial travel

Travel by Ministers and Government Members in a minority context can be challenging due to the need for all Members to be in the House for all major votes. [ * ]

III. Early actions

Opening of the new Parliament

The Prime Minister has decided that Parliament will open on December 5, 2019, and that the election of the Speaker and the Speech from the Throne (SFT) will take place on opening day.

The election of the Speaker will begin at 9:00 am, and the Speech from the Throne is planned for later that day.

[ * ]

Election of the Speaker of the House of Commons

The Constitution Act, 1867 requires that the first order of business in a new Parliament is the election of a Speaker of the House of Commons.

The election is conducted by means of a single secret preferential ballot. Members will rank the candidates, and they need not rank every candidate. House rules provide that the Dean of the House (the longest serving Member, Mr. Louis Plamondon [Bloc Québécois]) presides over the proceedings.

Once a successful candidate has been announced to the House, the Prime Minister and the Leader of the Opposition escort the Speaker‑elect to the Speaker’s chair, and recent practice has seen party leaders offering brief congratulatory remarks.

On a later sitting day, the Speaker will recommend to the House one Member to be Deputy Speaker and two to act as Assistant Deputy Speakers (i.e., the Assistant Deputy Speaker and Deputy Chair of Committees of the Whole, as well as the Assistant Deputy Speaker and Assistant Deputy Chair of Committees of the Whole), based on prior consultations with the leaders of each of the recognized parties.

Aside from casting a ballot, there is no specific role for you in this process.

Speech from the Throne and routine business

On the day of the SFT, the Usher of the Black Rod will deliver a message to the House that the Governor General desires Members’ attendance in the Senate. Members then proceed to the Senate to hear the SFT delivered. Due to the relocation of the House of Commons to West Block, and the Senate to the former Government Conference Centre, the Usher and Members will likely travel between the two Houses via the parliamentary buses.

The Pro Forma Bill and other routine business

Upon their return to the Commons Chamber, the Speaker reports that he has claimed the privileges of the House of Commons. The Prime Minister then introduces the Pro Forma Bill C-1, An Act respecting the Administration of the Oaths of Office. The purpose of the tradition is to assert the right of the House to give precedence to matters not addressed in the SFT.

The Speaker then reports on the SFT, advising that its text will be published in Hansard, following which the Prime Minister moves a motion for consideration of the SFT later that day to allow the House to consider other routine administrative business first.

This routine business may include the Speaker announcing members appointed to the Board of Internal Economy (See Annex C) and moving a motion to appoint Deputy Speakers; a motion by you to establish the Procedure and House Affairs Committee to determine committee memberships; and a motion by the President of the Treasury Board on supply (See Annex A for more information on the supply and estimates process).

[ * ]

The first day of the SFT debate is traditionally devoted to speeches by leaders of the recognized parties. The Prime Minister’s speech follows that of the Leader of the Official Opposition, and is a key opportunity to provide detail on the Government’s policy agenda. The leaders of the Official Opposition and the second-largest opposition party usually move an amendment and sub-amendment respectively to the SFT.

At the end of the second day, there is the first vote on the SFT, on the sub-amendment. In the past, most Governments had not begun to introduce legislation until after this vote, although there is no procedural rule preventing the Government from doing so and Governments have not always adhered to this practice.

Debate continues and at the end of the fourth day there is a vote on the amendment and any further sub-amendments.

The votes on the amendment and sub-amendment(s) [ * ]

At the end of the sixth day of debate, the House votes to express its overall approval of the SFT, including any amendments that might be agreed to by the House. This vote is implicitly considered a confidence question.

[ * ]

Establishing Parliamentary committees

The process for establishing the membership of standing committees is as follows:

The Standing Orders currently provide for 24 standing committees in the House of Commons and two joint House-Senate committees. They also define the mandates of standing committees, the total number of seats on each committee (10) and which committees are chaired by opposition members (currently four: Public Accounts; Government Operations and Estimates; Access to Information, Privacy and Ethics; and Status of Women). The Standing Joint Committee for the Scrutiny of Regulations is also joint chaired by an Opposition Member and a Senator.

[ * ]

If there is no formal action by the House to change the Standing Orders, the current configuration of committees would remain.

[ * ]

Other House committees

In addition to the standing committees of the House, the Standing Orders provide for the establishment of legislative and special committees, which need not be established in the opening days, but are options to pursue particular Government priorities.

Legislative committees are created on an ad hoc basis to draft or review proposed legislation, and can be a useful tool to manage the workload distribution or to review legislation that does not fit squarely within the responsibilities of an existing standing committee.

Special committees are also created on an ad hoc basis and are established to inquire into a matter to which the House and, in a majority context, the Government attaches particular importance. Special committees can be used to study matters that do not squarely fit within an existing committee’s mandate, or to provide a forum for a comprehensive study into a matter.

Special joint committees

Special joint committees are created for the same purposes as special committees: to study matters of particular importance. Membership of special joint committees include members of the House and Senators and there are two Chairs, one from each Chamber. These committees are established by an order of reference (i.e., the adoption of motions) in the House and the Senate, which could be done on any sitting day.

Supply

In June 2017, the House of Commons adopted temporary changes to the Standing Orders to allow the main estimates to be tabled no later than April 16, rather than March 1, to enable the inclusion of Budget items in the main estimates. These changes were in effect for the previous two financial cycles, and they expired with the dissolution of the last Parliament.

[ * ]

See Annex A for an overview of the supply process, including scheduling considerations.

Legislative agenda

[ * ]

It is your role to assist the Prime Minister in managing and advancing the Government’s legislative program in Parliament. You set priorities for the drafting of bills and their management in Parliament. Ministers are responsible for developing policy proposals and seeking Cabinet approvals for the proposals, for developing strategies to ensure sufficient support from oppositions Members in the House and from Senators in order to pass the bills, and for managing the progress of the individual bills throughout the parliamentary process.

[ * ]

See Annex E for a description of the policy development and cabinet approval process for legislation and managing the legislative process, and Annex F for the use of procedural tools such as time allocation and closure to manage debate, including for legislation.

Parliamentary reform: Platform commitments

During the last Parliament, many MPs from across party lines spoke out about their desire to be better empowered as parliamentarians to debate matters of importance to them, and about fostering a healthier parliamentary environment for them and their families.

To this end, proposals were considered (but not voted upon) that would eliminate party lists for speaking time; elect committee chairs by secret ballot of all parliamentarians, rather than only by committee members; increase the number of hours allocated to Private Members’ Business; creation of a second debating chamber to debate various items, including Private Members’ Business; eliminating Friday sittings; and overnight voting.

While no consensus was reached, there may be a desire for the Procedure and House Affairs Committee to study the issues and report back to the House recommending changes early in the next Parliament.

In the previous Parliament, the Government House Leader’s mandate letter committed to making Parliament relevant again and ensure that Canadians have a real voice in Ottawa. A discussion paper was published on reforming the Standing Orders, but opposition parties were concerned that the Government was going to make unilateral changes and filibustered the Procedure and House Affairs Committee to avoid study of the paper.

Certain changes were implemented in 2017, including a new requirement that reasons must be provided for prorogation; giving the Speaker the power to divide omnibus legislation; aligning the scheduling of the Main Estimates and Budget documents (on a trial basis); removing voting status from Parliamentary secretaries on committees; and eliminating the ability of Committee chairs to end debate if someone still wants to participate, so long as no time limits have been adopted by the Committee.

Platform Commitments

[ * ]

The Government’s platform included a commitment to “move forward with the new, non-partisan, and merit-based Senate appointment process, and […] update the Parliament of Canada Act to reflect the Senate’s new, non-partisan role.” In addition, the Independent Senators Group, which holds a plurality in the Senate, has called for amendments to the Parliament of Canada Act to extend additional allowances to groups other than the Government and Opposition leadership, and the right to be consulted on officer and agent of Parliament selection. [ * ]

The Senate

There are 105 Senate seats. As of November 18, 2019, the current compositionFootnote 1  of the Senate is as follows:

[ * ]

On November 4, 2019, 11 Senators announced the creation of the Canadian Senators Group, with Senator Tannas (formerly CPC) serving as their interim leader. The CSG currently has members who previously were affiliated with the ISG and the Conservatives, or were non-affiliated. They have indicated that they will limit their membership to a maximum of 25 senators, and that they will not necessarily vote as a block.

On November 14, 2019, the Senate Liberals group was dissolved and their former members announced that they were forming the Progressive Senate Group (PSG). On November 18, 2019, the group was disbanded.

Speaker of the Senate

Unlike in the House, where the Speaker is elected, the Speaker of the Senate is appointed by the Governor in Council on the advice of the Prime Minister, and may be removed at any time. Senator Furey will remain as Speaker unless a new one is appointed. The Prime Minister could decide to appoint a new Speaker from among the existing senators.

Managing Government Business in the Senate

[ * ]

During the 42nd Parliament, the Senate changed its internal rules to recognize groups not affiliated with political parties to provide for research funding and committee assignments.

National Security and Intelligence Committee of Parliamentarians

Tabling of documents

[ * ] three documents concerning the National Security Intelligence Committee of Parliamentarians (NSICOP) [ * ]

The 2019 Annual Report and the special report were submitted to the Prime Minister in August 2019 before committee memberships expired with the dissolution of the 42nd Parliament. New members of the NSICOP must be appointed within 60 calendar days of the summoning of the 43rd Parliament. [ * ]

During the 42nd Parliament, NSICOP reports were tabled by the Leader of the Government in the House of Commons and the Government Representative in the Senate in their respective Chambers.

A briefing note will follow on the reports and tabling options.

[ * ]

IV. Managing other key House business

Private members’ business

Private Members’ bills and motions are one of the key ways in which backbench MPs can make their voices heard and advance issues of importance to them and their constituents independently of the Government. Senators can also introduce the equivalent of Private Members’ bills in the Senate, known as Senate Public Bills (SPBs).

[ * ]

Ministers are responsible for managing Private Members’ items in their portfolio originating from either the House of Commons or the Senate, in coordination with you. Your role is to manage and coordinate the Government’s overall approach. To assist you in this, you may wish to assign one of your staff full-time responsibility for Private Members’ Business and/or have your Parliamentary Secretary provide support on these items. 

The provisions concerning Private Members’ Business in the Standing Orders mean that debate of such business does not generally begin until around the 30th sitting day of a new Parliament. [ * ]

See Annex H for additional information on Private Members’ Business, and Annex G for information on procedures for PMBs and SPBs that involve spending.

Committees

Parliamentary committees perform an important function through the review of legislation and estimates, undertaking policy and program studies that can inform government decision-making, as well as reviewing Order-in-Council appointments.

Responsibility for managing committee issues is shared between members of the Government’s House leadership team and Ministers. The Chief Government Whip is responsible for managing caucus issues and committee attendance. Ministers are responsible for substantive issues in the standing committees related to their portfolios. 

[ * ]

Committee powers

Parliamentary committees have considerable autonomy and procedural tools at their disposal. [ * ]

Committee Review of Estimates

Once the government tables the estimates in the House they are deemed reported to the appropriate standing committees responsible for each departmental portfolio for review. As a last step, each budgetary item, or vote, is voted on as a distinct motion. For each item, the committee can approve it, reduce its amount, or not approve (negative) its entire amount (it may not raise any amounts, including by moving funds between votes, as this would infringe on the financial prerogative of the Crown, nor can it reduce its amount to $0).

[ * ]

Committee reports, Government Responses and Concurrence Debates

Under the Standing Orders, House committees may request that the Government provide a response to a committee report within 120 calendar days and under the Rules of the Senate, Senate committees can request a response within 150 days. Responses are tabled only in the Chamber from which they were requested.

The Minister responsible for a Government Response to a committee report must obtain Cabinet approval of it prior to it being tabled in Parliament.

PCO supports this process by working with you and your office to determine and assign ministerial responsibility for each Government Response and for preparing and presenting their Memorandum to Cabinet seeking a decision on the response. PCO coordinates the scheduling of Cabinet discussions so that a decision can be made in time for deadlines to be respected. 

Concurrence in Committee Reports 

Once a committee report has been tabled in the House, any member can move concurrence in the committee report during routine proceedings, provided that the Notice requirements have been met. Debates to concur in committee reports are subject to a maximum of three hours of debate, followed by a vote. If debate is not completed on the day the motion is moved, the motion is transferred to Government Orders and is resumed on another day designated by the Government at the ordinary hour of daily adjournment. Further details on this process are discussed along with Routine Proceedings in Annex B.

The House Leader is responsible for liaising with responsible Ministers and the Whip to ensure that Government speakers are prepared to respond to any such motions. 

[ * ]

Parliamentary returns

You are responsible for coordinating the Government responses to written questions, public petitions and notices of motions for the production of papers, as well as Senate written questions and delayed answers.

PCO, in consultation with your office, ensures that requests for parliamentary returns are assigned to the appropriate departments, agencies and Crown corporations, prepares the tabling packages of responses, and supports you in tabling the responses.

Compliance with the prescribed deadlines is necessary. If Government responses to public petitions or priority written questions are not tabled on time (i.e., 45 calendar days), the matter is automatically referred to the appropriate standing committee, which must meet within five sitting days to investigate the failure of the Ministry to respond.

Challenges – Tabling and Deadlines

There are two primary challenges that will require your attention when managing parliamentary returns. The first is procedural, and the second has to do with respecting the deadlines.

Procedurally, parliamentary returns are tabled last during routine proceedings in the House of Commons (see Annex B). [ * ]

The volume of parliamentary returns continues to increase over time (See Annex I). [ * ]

Optional caucus & candidate nomination rules (Reform Act, 2014)

[ * ]

The Reform Act, 2014 provides:

The Act provides that party caucuses may opt-in to each element of the scheme at the first caucus meeting following a general election, which would be determined by a majority vote.

V. Strategies and support for carrying out the role of the Leader of the Government in the House of Commons

Support from the Privy Council Office

The Privy Council Office provides departmental support to you. PCO works closely with you and your office to provide support on short-term and long-term management of the Government’s agenda in Parliament, including:

Ian McCowan is Deputy Secretary to the Cabinet (Legislation and House Planning and Machinery of Government). He is your Deputy Minister. He is supported by the Legislation and House Planning Secretariat which provides advice and operational support on Cabinet, parliamentary, and legislative business. The Secretariat is headed by Mala Khanna, Assistant Secretary, Legislation and House Planning. She will work closely with your office to provide day-to-day support and coordination between your office and the Privy Council Office on parliamentary and legislative issues.

PCO Staff assigned to the Minister’s Office provide non-partisan departmental and administrative assistance. The Departmental Assistant is responsible for liaising between your office and PCO, and for managing the sharing of information and documents.

PCO will provide you with support for hiring and ongoing human resources support for your Ministerial exempt staff and for departmental staff assigned to your office. The Departmental Assistant will work with PCO Human Resources and PCO Security to ensure the Minister’s hiring decisions are processed in an expedited manner. Detailed briefings on this are provided under separate cover.

Matthew Shea, Assistant Deputy Minister for Corporate Services in the Privy Council Office, is responsible for administrative support for the Government House Leader’s Office. Working with the Deputy Secretary’s office, PCO Corporate services will provide you separately with detailed briefings on:

Minister’s office staff

As outlined in “Open and Accountable Government”, your Ministerial “exempt staff” (persons appointed to positions in the office of a Minister under section 128 of the Public Service Employment Act) are appointed to provide you with advisors who share your political commitment and who can complement the non-partisan advice and support of the public service. They hold public office and are paid with public funds, but are not public servants. They are subject to a broad range of terms and conditions set by the Treasury Board and by the same statutory conflict of interest and post-employment regime and ethical guidelines as Ministers and deputy Ministers. 

Their work could include reviewing briefings and other departmental advice, assisting you in developing policy positions and political strategies, preparing and delivering politically oriented communications, liaising with other Ministers’ offices and caucus and providing advice as specialists in a particular field, including parliamentary procedure and tactics.  

They can ask departmental officials for information, transmit your instructions or be informed of decisions in order to address communications and strategic issues (or parliamentary strategy). But they do not have a role in departmental operations and have no legal basis for exercising the delegated authority of Ministers.

They are also subject to the Code of Conduct for Ministerial Exempt Staff in Annex I of “Open and Accountable Government”.   

Managing time effectively: Possible weekly schedule of meetings

The many demands on you as a Minister, Leader of the Government in the House of Commons and a Member of Parliament place a premium on managing your time effectively in order to balance your obligations to participate in and prepare for Cabinet meetings, manage House business, and attend to constituency matters. 

Cabinet and Cabinet Committee meetings

PCO will provide you with information on the scheduling of Cabinet meetings for which you are a member.

Meetings to manage the Government’s Parliamentary agenda

PCO will provide support in the preparation for a weekly cycle of regular meetings which you may wish to convene in order to manage the Government’s parliamentary agenda. The scheduling of some of these meetings can be adjusted to accommodate your Cabinet obligations or other preferences. 

[ * ]

Board of Internal Economy meeting

What: meeting to discuss House administration. Further details are provided in section C. [correction made to the original text] 

Who: chaired by the Speaker, you attend along with another Minister. The House Leader of the Opposition and members of all recognized parties.

When: monthly when the House is sitting, usually Thursdays. [correction made to the original text]

Support:  your political staff can provide you with support for this. PCO can provide you with non-partisan background material on issues which may arise.  

[ * ]

Weekly Meetings on House Business*
Leader of the Government in the House of Commons
Time Monday Tuesday Wednesday Thursday Friday
8:30 am   Tactics meeting
9:00 am        
9:30 am
10:00 am Parliamentary strategy meeting Routine Proceedings National Caucus Routine Proceedings Question Period preparation
10:30 am      
11:00 am 11:15 am: Question Period
11:30 am Board of Internal Economy
12:00 pm   Routine Proceedings
12:30 pm  
1:00 pm Question Period preparation
1:30 pm
2:00 pm 2:15 pm Question Period
2:30 pm
3:00 pm Routine Proceedings Possible votes Possible votes
Routine Proceedings
House business statement
3:30 pm Possible votes House Leaders’ meeting

 

 

4:00 pm
4:30 pm  
5:00 pm
5:30 pm Possible votes Possible votes Possible votes
6:00 pm      
6:30 pm

Annex A: The business of supply

The process by which the Government submits its projected annual expenditures for parliamentary approval is called the “business of supply”. Parliament authorizes both the amounts and objects or destination of all public expenditures.

The fiscal year of the Government of Canada runs from April 1 to March 31. Each fiscal year is divided into three parliamentary supply periods. Supply periods are designated as follows:

The annual expenditure plans (called the “main estimates”) are submitted to the House on or before March 1. The House first considers providing interim supply to the Government to allow it to function for the first three months of the fiscal year. Interim supply is based on, and equal to one quarter of, the main estimates, and must be considered by April 1. The House then considers the main estimates in depth, with a decision required no later than June 23.

As mentioned, temporary changes to the Standing Orders allowing the main estimates to be tabled no later than April 16, rather than March 1, enabled the inclusion of Budget items in the main estimates. However, these changes expired on the dissolution of the last Parliament and a decision will need to be made on whether they are to be re-adopted.

Should there be a change in the Government’s requirements as set out in the main estimates over the course of the year, Parliament will be asked to approve “supplementary” estimates.

As part of the routine opening day motions of a new Parliament, the President of the Treasury Board moves the continuing order for supply, which is the mechanism that allows the Government to call supply (i.e., opposition days, as well as the consideration of estimates and appropriation bills) on any sitting day.

The business of supply can be divided into a general debate phase and a legislative phase. The general debate phase is taken up with the consideration of opposition day motions proposed on allotted days. During the legislative phase, the House considers and votes on the estimates and the legislation (appropriation bills) needed to authorize all consequential withdrawals from the Consolidated Revenue Fund.

On the final day in the supply cycle, a motion or motions to concur in the estimates or in interim supply is considered. Concurrence is an order to bring in an appropriation bill or bills for the spending authority the House has approved. Appropriation bills are considered and, if approved, are passed by the House on the last allotted day.

Scheduling of opposition days

The Government must schedule a certain number of opposition days in the spring, fall and winter periods, on which supply is considered:

The normal supply cycle can be disrupted by an extended adjournment, a prorogation, or dissolution. In these cases, the number of allotted days in that supply period will be reduced by an amount proportional to the number of sitting days the House stood adjourned. The Speaker will determine and announce to the House the reduction in the number of allotted days for that period (one opposition day for every five days the House sits).

The scheduling of the allotted opposition days is at the discretion of the Government, which has considerable flexibility on when to hold these debates, with limited exceptions (the Standing Orders limit how many of these days can be scheduled on a Wednesday or Friday in a given calendar year).

Annex B: Routine proceedings in the House

Routine Proceedings is a time in the daily schedule when business of a basic nature is considered, providing Members with an opportunity to bring a variety of matters to the attention of the House, generally without debate. The House opens on Tuesday and Thursday with Routine Proceedings, and it occurs after Question Period on Monday, Wednesday and Friday. [ * ]

This segment of the daily program consists of separate rubrics called by the Speaker each day and considered in succession. These rubrics include:

Notice of motion for the Production of Papers

On Wednesdays, following Questions on the Order Paper, the Speaker calls for Notices for the Production of Papers. This rubric allows for Members to move a motion, after 48 hours written notice, requesting that certain papers or documents be compiled or produced and tabled in the House. If the motion is agreed to, the House orders the production and subsequently a return is made pursuant to the Order. The Privy Council Office prepares the return, and you or your Parliamentary Secretary are responsible for tabling it in the House, and there is no debate on the matter.

Alternatively, the Member proposing the motion or any Minister can indicate that they wish to have the motion debated, and have it transferred to the Order Paper under Private Members’ Business. [ * ]

This procedure allows Members to receive documents that are not required to be tabled by statute. [ * ]

Motions to concur in committee reports

Motions to concur in committee reports are moved under the rubric “motions”, and, provided that the 48 hours’ notice has been met, immediately give rise to a three hour debate on whether to concur in a committee report. Only one such motion may be moved on any given day. Should the House not complete the debate, whether it is because there was insufficient House time (Wednesday) or because the debate was adjourned, the motion is transferred to Government Orders, and the debate resumes at the ordinary hour of daily adjournment on a day designated by the Government (which is announced in the House). 

When concurrence debates are completed on the day they are moved, the House resumes consideration of “motions” under Routine Proceedings. If moved on a Wednesday and the debate continues until votes or Private Members’ Business, the House does not consider Government Orders. The rubric of Routine Proceedings “Questions on the Order Paper” is therefore not being called which does not allow for tabling of Government responses to Questions on the Order Paper.

See Concurrence in Committee Reports for more information on managing the Government’s response to motions to concur in committee reports.

Requests for emergency debates

Applications for emergency debates are also considered after Routine Proceedings. The Standing Orders provide Members with an opportunity to give their attention to a pressing matter by moving a debatable adjournment motion. A Member may request leave from the Speaker “to make a motion for the adjournment of the House for the purpose of discussing a specific and important matter requiring urgent consideration”. 

Written notice must be provided to the Speaker at least one hour prior to making the request. The matter “must relate to a genuine emergency” and, if the request is granted by the Speaker, the House is permitted to debate the topic at an early opportunity, foregoing the usual 48 hours’ notice. Such debates are scheduled by the Speaker and are usually held in the evening on the day of the request, or in the evening of the next sitting day. 

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Introduction of Government Bills

The Standing Orders prescribe that the rubric “Introduction of Government Bills” must be called each sitting day. When proceedings under “Introduction of Government Bills” are not completed on a Tuesday or Thursday prior to Statements by Members, Routine Proceedings is resumed immediately after Question Period, until the proceedings under this rubric are completed.

Annex C: The Board of Internal Economy

The Board of Internal Economy has responsibility for the House and its Members’ financial and administrative matters (including security). The Board makes policies and rules governing the funds, staff, goods, services and premises provided to the House, its committees and members.

The Board is authorized by the Parliament of Canada Act to make by-laws governing Members’ use of the funds, goods, services, and premises made available to them. When the Board makes a by-law, it must be tabled in the House within 30 days, or deposited with the Clerk when the House is not sitting.

Its membership includes the Speaker, who acts as Chair, and Members from all recognized parties in the House. The Clerk of the House of Commons serves as Secretary to the Board.

The Prime Minister chooses the Government’s representation on the Board.

The Parliament of Canada Act requires that two members of the Ministry be appointed to the Board by the Governor in Council on the recommendation of the Prime Minister. [ * ]

Additional members of the Government caucus (Ministers and/or backbench members) are appointed so that the total membership results in an equal number of Government and opposition members, apart from the Speaker. This has usually included the Chief Government Whip.

The Speaker normally announces the membership of the BOIE to the House on the day of the Speech from the Throne.

In June 2017, amendments to the Parliament of Canada Act were passed opening up meetings of the Board to members of the public, except when it is discussing matters related to security, employment, staff relations, tenders, and other matters prescribed by Board by-laws, or, when all members of the Board at the meeting agree that it be held in camera.

Given the sensitive nature of some issues discussed at the meetings (e.g., security, employment, staff relations, tenders), each Member is required to take an oath or affirmation “of fidelity and secrecy”. 

The Board meets monthly when the House sits. [correction made to the original text] Five Members, including the Speaker, constitute a quorum. Official minutes are tabled in the House and posted on the Parliament of Canada website as soon as they have been approved by the Board. Standing Order 148(1) requires the Speaker to table at the beginning of a new session of Parliament a report of decisions of the Board for the previous session.

Pursuant to Standing Order 37(2), two members of the Board, one Government representative and one Opposition representative, are designated to be responsible for answering any questions pertaining to the administration of the House which may be put during Question Period.

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When Parliament is dissolved, members of the Board retain their functions until they are replaced, to ensure continuity in House administration.

PCO support

Your staff could provide you with support in the preparation for these meetings. PCO provides you and your office with non-partisan background and technical material on issues which may arise at Board meetings.

Parliamentary precinct long-term vision and plan

The Long Term Vision and Plan (LTVP) is the current comprehensive multi-decade strategy to renew the Parliamentary Precinct by rehabilitating the deteriorated state of the 19th century Parliament buildings, modernizing accommodations to meet the needs of a 21st century Parliament, while preserving the heritage character of buildings, and creating a safe and secure place to work while ensuring that Parliament remains open and accessible to visitors.

The rehabilitation and reconstruction of the Parliamentary Precinct will have an ongoing impact on the day-to-day operations of the House of Commons over the duration of the 43rd Parliament and will require your attention as a Member of the House of Commons’ Board of Internal Economy. 

Centre Block’s primary purpose is to accommodate the two Houses of Parliament. It is first and foremost a workplace for parliamentarians, and the design and operational requirements of the building must take those needs into consideration.

The Centre Block rehabilitation project is expected to last 10 years and will aim to enhance the operations of Parliament from a functional and technological standpoint to ensure that the infrastructure continues to meet evolving requirements for the proper functioning of Parliament. It will strive to restore the significant heritage fabric of the building as originally designed and built, and to update all engineering and life-saving systems to comply with contemporary expectations of wellness, safety, sustainability and universal accessibility in support of parliamentary functions.

At the request of the Board of Internal Economy a working group comprised of one member from each recognized party, was formed to provide engagement with members on requirements and oversight on the Centre Block project and LTVP. The working group reports to the board to provide updates on the rehabilitation project. The working group acts as a liaison to guide and inform consultations and engagement with members and stakeholders.

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Phase I of the visitor welcome centre requirement was established in the 1999 document “Building the Future”. The concept was established and approved by the Board of Internal Economy, the Standing Senate Committee on Internal Economy, and Cabinet in 2006 and reconfirmed in 2009 and 2011. Requirements for the visitor’s welcome centre Phase II are still under development and will require the working group's validation and further Board of Internal Economy approval.

Annex D: Requests for papers and people in the House and Committees

The Standing Orders allow committees to send for “persons, papers and records” which opposition-controlled committees have used to request the testimony of witnesses and the production of papers that would not normally be provided through other means.

Responding to requests and other considerations

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Annex E: Cabinet and legislative process

Memorandum to Cabinet (MC) development

The implementation of policies that require legislation begins with responsible Ministers seeking Cabinet approvals of the policy through a Memorandum to Cabinet that includes drafting instructions that guide the Department of Justice in drafting Government bills. MCs are drafted by departments and approved by Ministers.

The parliamentary strategy annex in the MC is drafted in part by departmental staff, but requires significant input from Ministers’ exempt staff regarding political considerations such as caucus and Senate considerations and the Minister’s parliamentary strategy (for legislation in particular). 

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Departments undertake consultations with other departments and central agencies. As part of this process, PCO policy analysts review the proposals. Officers from the Legislation and House Planning Secretariat are consulted as part of this process to review the parliamentary strategy and drafting instructions in particular, and can brief you and your staff on issues that may be of interest to you.

Following consultations, Ministers present the MC to a Committee of Cabinet. If approved-in-principle at a Committee of Cabinet, the MC is considered by Cabinet.

Typically, following Cabinet approval, the Legislation Section of the Department of Justice drafts legislation based on the Cabinet-approved drafting instructions. 

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The Legislation and House Planning Secretariat of PCO works with Justice to establish priorities for drafting and to resolve any issues related to the interpretation of drafting instructions, in order to ensure that the draft legislation conforms with Cabinet’s decision.

Cabinet may delegate authority to approve the introduction of legislation to you.

Managing Government Bills in the legislative process

Bill review and introduction

Once drafting is complete, you or your Parliamentary Secretary could chair a Bill Review meeting to determine whether, when, and in which Chamber the bill should be introduced. [ * ]

The meeting could be attended by yourself, your political staff (and Parliamentary Secretary or Deputy House Leader should you so choose), supported by officials from the Legislation and House Planning Secretariat of PCO. The responsible minister, their political staff (and Parliamentary Secretary should they so choose) could attend, along with an official from the department to answer technical questions, if necessary. 

The Legislation and House Planning Secretariat of PCO can prepare briefing materials for you in support of these meetings. 

Charter Statements

On December 13, 2019, a new section of the Department of Justice Act will come into force, requiring that the Minister of Justice table a Charter Statement in Parliament for every new Government bill. Charter Statements are drafted by the Department of Justice, in consultation with the legal services units of the lead department.

Charter Statements will identify the provisions in the bill that could affect rights and freedoms guaranteed by the Canadian Charter of Rights and Freedoms (Charter) both positively and negatively and, where relevant, explains the Government’s rationale for why the bill is compliant with the Charter. The Minister of Justice has final sign off on the statement.

During the 42nd Parliament, the Minister of Justice tabled Charter Statements for all Justice bills and select others as a pilot project. While there is no set timeframe for tabling prescribed in the Department of Justice Act, the majority of those Charter statements were tabled before the beginning of Second Reading in the House of Commons.

Managing Bills during the legislative process

Once you have approved a bill for introduction, PCO officials prepare Notice and Introduction paperwork for the bill, as well as secure Royal Recommendations from the Governor General for bills that authorize spending for a new purpose.

Following introduction, you are responsible for scheduling debate on Government bills at each legislative stage in the House and the use of procedural tools to advance the Government’s legislative program in the House.

Various strategies procedural tools are available to expedite the advancement Government legislation, including time allocation and closure (See Annex F for more information).

Royal Assent

Royal Assent can be conveyed in two ways: by traditional ceremony in the Senate chamber, or by written declaration.

PCO liaises with the Senate administration and with Rideau Hall to ensure the preparation of the necessary documentation and to assist in coordinating both the ceremonies and written declaration for Royal Assent, as well as to provide briefing information on the bills presented for Royal Assent.

Royal Assent ceremony

When a ceremony is to take place, members of the Governor General’s staff inform the Speaker of the House of the date and time at which the Governor General will attend the Senate to give Royal Assent to bills. The Speaker then relays the message to the House. At the appointed time, the Usher of the Black Rod informs the House that the Governor General desires the presence of members of the House in the Senate Chamber. While the Speaker of the House and members of the House gather at the Bar of the Senate, the Usher of the Black Rod approaches the Governor General and calls out “Order”. A clerk at the Table of the Senate reads the titles of the bills that are to receive Royal Assent. The Clerk of the Senate displays the bills and states “In Her Majesty’s name, His/Her Excellency the Governor General doth assent to these bills.” The Governor General consents to the enactment of the bills by nodding his or her head, which is the action by which Royal Assent is officially conveyed.

Normally, the process lasts no more than 20 minutes. However, the first ceremony to take place in the new Senate of Canada building in June 2019 took longer as the message was physically transported to the House in West Block.

When the Prime Minister is unable to attend Royal Assent ceremonies in the Senate Chamber, he may ask you to attend in his stead.

The date on which Royal Assent is to be signified by written declaration is determined by the Government. The written procedure process is normally held at Rideau Hall, but the Royal Assent Act does not specify a location, so the location of the process is determined by the Government.

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Royal Assent by written procedure

The Governor General, or her deputy; the Clerk of the Parliaments (i.e., the Clerk of the Senate); and representatives of the Privy Council Office are present for the signing of a written declaration for Royal Assent, as is a House Table officer in the case of a supply bill. PCO’s role is to provide information on the bills presented for Royal Assent and to answer any factual questions relating to the bill that the Governor General may pose. It is not necessary for the Prime Minister or you to attend.

Annex F: Managing debate (including procedural tools)

One of the fundamental principles of parliamentary procedure is that debate in the House must lead to a decision within a reasonable period of time. The Standing Orders set out the maximum amount of time Members can debate each kind of motion, and in some cases, the order in which they speak. In practice, the amount of time needed for debate on legislation and on motions is normally negotiated between House Leaders and Whips at the weekly House Leaders’ meeting.

When limiting the time for debate is necessary, there are two procedures that the Government can use to limit debate: closure and time allocation.

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Closure

Closure is provided for by Standing Order 57 and brings debate to a conclusion even if every Member eligible to speak has not yet done so. It allows the Government to prevent the further adjournment of debate on any debatable matter and to require that the question be put at the end of the sitting in which a motion of closure is adopted. It can be used for debate on bills in the House, but not in committees.

Oral notice is required to move a closure motion.

A closure motion is neither debatable nor amendable. Once moved, the House proceeds to a question and answer period of not more than 30 minutes.

Time Allocation

Time allocation is provided for by Standing Order 78 and can be used as a time management tool for legislation, programming certain amounts of time to debate a bill, with the objective of fast tracking it through the legislative process by reducing the amount of time it is debated for.

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Oral notice of the motion is required.

Time allocation motions are neither debatable nor amendable. Once moved, the House proceeds to a question and answer period of not more than 30 minutes.

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Annex G: Ways and means motions and Royal Recommendations

Section 53 of the Constitution Act, 1867 states that “bills for appropriating any part of the public revenue, or for imposing any tax or impost, shall originate in the House of Commons.” Section 54 provides “it shall not be lawful for the House of Commons to adopt or pass any vote, resolution, address, or bill for the appropriation of any part of the public revenue, or of any tax or impost, to any purpose that has not been first recommended to that House by message of the Governor General in the session in which such vote, resolution, address, or bill is proposed.”

House rules regarding the appropriation of public revenue and taxes (ways and means motions) and bills which authorize new spending (Royal Recommendations) are drawn directly from sections 53 and 54.

Ways and means

There are two types of ways and means motions: 

Whether it be legislation to implement the Budget or tax legislation, the House must adopt a ways and means motion prior to such legislation being introduced. Since the Crown, on the advice of its responsible Ministers, initiates all requests to impose or increase a tax, only a Minister may propose a ways and means motion. 

PCO works closely with the Department of Finance on the timing and content of ways and means motions, and will brief you on whether legislation requires such a motion in preparation for your Bill Review meetings prior to the introduction of legislation.

Royal Recommendation

In order to manage its budgetary policy, only the Crown can initiate spending. A Royal Recommendation is required when a bill proposes new spending that is not authorized in another statute. In general, there are two types of bills that confer parliamentary authority to spend and therefore require a Royal Recommendation. They include: appropriation bills which authorize charges against the Consolidated Revenue Fund; and for bills which authorize new charges for purposes not already anticipated in the estimates. The charge imposed by the legislation must be “new and distinct”.

[ * ] A bill requiring a Royal Recommendation cannot be introduced in the Senate.

Royal Recommendations and Private Members’ and Senate Public Bills

Because the requirement for a Royal Recommendation is designed to protect the financial privilege of the Crown to initiate spending, Private Members’ Bills which require new spending cannot become law without one. The Standing Orders provide that such a bill can proceed for debate up until third reading. Speakers have established a practice of notifying the House once a bill has been placed on the Order of Precedence of any concerns that it might require a Royal Recommendation and inviting representations from Members; [ * ]

On October 31, 2017, the Speaker ruled that one House Private Member’s Bill and two Senate Public Bills that normally would have required a Royal Recommendation could continue through the legislative process without one because they included clauses in the bills that stated that they would not come into force until funding had been appropriated. [ * ]

PCO supports you and your office by providing advice on the need for a Royal Recommendation in preparation for your Bill Review prior to introduction, and ensuring that Royal Recommendations are provided for Government bills at introduction. PCO also provides support by drafting procedural arguments for Private Members’ Business bills which infringe on the financial prerogative of the Crown.

Annex H: Private Members' business

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The number of Private Members’ Bills (PMBs) that received Royal Assent has varied significantly by Parliament. For the most recent five Parliaments, the numbers were:

Parliament Sitting days Total PMBs to receive Royal Assent Governing party PMBs to Receive Royal Assent Opposition PMBs to receive Royal Assent
42nd (2015-2019) Majority 403 10 7 3
41st (2011-2015) Majority 507 34 29 5
40th (2008-2011) Minority 290 4 3 1
39th (2006-2008) Minority 292 10 4 6
38th (2004-2005) Minority 159 4 1 3

In the 42nd Parliament, PMBs that were adopted at Third Reading took an average of 268 calendar days or 96 sitting days to advance from placement in the Order of Precedence to adoption in the House. In the 41st Parliament, PMBs that were adopted at Third Reading took an average of 303 calendar days or 108 sitting days to advance from placement in the Order of Precedence to adoption in the House.

Since the 38th Parliament, the number of Private Members’ Motions to be adopted in the House of Commons has generally risen, irrespective of the number of sittings in a given Parliament. For example, in the 37th Parliament, only 16 Private Members’ Motions were adopted, while in the 42nd Parliament, 45 motions were adopted.

Motions adopted in the 42nd Parliament took an average of 163 calendar days, or 55 sitting days, between their addition to the Order of Precedence and adoption in the House. These timelines were similar for motions adopted by the House in the 41st Parliament, as an average of 158 calendar days and 55 sitting days passed between placement in the Order of Precedence and adoption in the House, respectively.

Annex I: Parliamentary returns

Written questions

Written questions are placed on the Order Paper by MPs to seek detailed, lengthy or technical information from the Government relating to public affairs.

Senators may also submit written questions. These questions do not have fixed deadlines and there are no procedural obligation to respond. Responses are tabled by the Government Representative in the Senate.

The Standing Orders governing written questions are set out to:

  1. provide a limit of four questions on the Order Paper at any one time;
  2. permit MPs to request that the Government provide a response within 45 days; and
  3. provide the Clerk of the House with the authority to ensure that questions placed on the Notice Paper are coherent and concise.

During the past decade there has been an increase in the number of written questions in the House. In the 38th Parliament (2004-2005), there were an average of 1.6 questions per sitting day and in the 39th (2006-2008) there were an average of 2.2 questions placed on the Order Paper. Over the course of the 41st and 42nd Parliament, the number of written questions increased to an average of 5.9 per sitting days.

Volume and frequency of written questions by parliament
Text version
Parliament Total number of written questions Average number of questions per day
37th 586 1.4
38th (Minority) 260 1.6
39th (Minority) 631 2.2
40th (Minority) 1,815 6.3
41st 2,832 5.6
42nd 2,527 5.8

There has been a parallel increase in the complexity of questions being asked, requiring more time to prepare a comprehensive response.

Petitions – House of Commons

The entire petition process was revamped with the purpose of modernizing its practices and going paperless. As of the 43rd Parliament, all petitions, both paper and electronic, will be available for viewing on the Parliament of Canada website.

PCO and the House of Commons have developed a system that allows for the electronic tabling of petitions thereby eliminating the need for tabling paper copies.

Notices of Motions for the Production of Papers – House of Commons

Notices of Motions for the Production of Papers (NMPPs) are requests by MPs for the Government to produce and table certain documents.

NMPPs do not have a fixed deadline but can be called for debate. If the motion is adopted, it becomes an Order of the House that the documents be produced.

Senate delayed answers – Senate

Oral questions in the Senate can be taken on notice by the Government Representative/Leader in the Senate and a written response can be provided at a later time. Presently, there are no provisions within Senate rules that provide specified tabling requirements. However, the practice has been to respond in a timely fashion.

Annex J: List of early potential briefings

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Annex K: Key procedural resources

Standing Orders of the House of Commons

The Standing Orders are the permanent written rules under which the House of Commons regulates its proceedings. As appendices, the Conflict of Interest Code for Members and the Code of Conduct for Members of the House of Commons: Sexual Harassment Between Members

Annotated Standing Order of the House of Commons, 2005 Edition

This document provides commentary and historical information on each Standing Order.

House of Commons Procedure and Practice, Third Edition, 2017

The key procedural authority, this contains complete descriptions of the rules, practices and precedents developed and established since Confederation in 1867

Each of these publications can be found on the House of Commons web site under “Procedural Reference Material”.

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