Preparing for a new Parliament

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I. Opening of the 44th Parliament

Early decisions for the Prime Minister

Checklist

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Before Parliament opens:

• Decide the date/time for the Speech from the Throne (SFT).
• Select the mover and seconder of the Address in Reply to the SFT.
• Whether to debate and bring the Address in Reply to the SFT to a vote.
• Whether to adapt House proceedings in response to public health guidance at the opening of Parliament.
• Non-Ministerial House appointments.
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Decision required: Date Parliament will open

Considerations

Parliament cannot meet any earlier than October 11, 2021, the date set by Proclamation for when the writs are to be returned following the election. October 18, 2021, is the pro forma date for the opening of Parliament that was set by a Proclamation at the same time the last Parliament was dissolved for the election. [ * ]

The Constitution Act, 1982 requires that Parliament sit at least once every twelve months. Therefore, the latest Parliament could open is June 22, 2022.

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• In the 43rd Parliament, from March to August 2020, there was an agreed-upon process that allowed for the expedited passage of urgent, pandemic-related bills within one or two days. With no such process in place, the Government will need to work closely with opposition parties to establish timelines for the passage of such bills in the House to ensure that pandemic-related supports are in place when they are needed. Furthermore, in the 43rd Parliament, the Senate voiced frustration about there being an expectation for quick passage of bills. [ * ]

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Modern minority governments have opened Parliament on average 79 days following the election (this would mean December 8 in the case of a September 20 election), although the last two minorities opened after 35 and 46 days. This average is slightly longer than for majorities, which have opened after an average of 67 days. However, the number of days has varied widely (see Annex 1) with no discernible pattern.

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Based on the existing House of Commons calendar, Parliament would have opened on September 20, 2021. Because it will now open later, the number of opposition days for the supply period will be reduced from the usual seven 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 opposition days, which the Government will then schedule.

Assuming Parliament opens in the fall, the House would adjourn on Friday, December 17, 2021, until Monday, January 31, 2022, unless a motion is adopted to change the existing calendar.

Should you wish to participate in any international events after October 11, 2021, the parliamentary calendar should take into consideration your availability for key events and votes (i.e., the Address in Reply to the SFT, confidence votes (including, possibly, opposition Day motions), and other important items, such as the Ways and Means motion for the second bill to implement measures announced in the 2021).

• Major planned events include: Association of Southeast Asian Nations (ASEAN) Summit hosted by Brunei (virtual), October 26-28; G20 Summit hosted by Italy (in-person), October 30-31; and, Leaders segment on November 1-2 of the United Nations Framework Convention on Climate Change (UNFCCC) COP26 chaired by the United Kingdom and Italy in Glasgow, Scotland (in-person).

Should you wish for Parliamentary proceedings to be adapted to public health guidance immediately upon opening, [ * ]

Sitting Day 1 Agenda – Election of the Speaker of the House of Commons

The Constitution Act, 1867 requires that the first order of business in a new Parliament be 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. This process was first used in 2015, and took a total of 2.5 hours with four candidates, and 3.5 hours in 2019 with five candidates. If modified voting procedures are required as a result of public health measures, the time required to elect the Speaker could take longer.

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

On the same day, or on a later sitting day, the Speaker will recommend to the House one member to be Deputy Speaker and Chair of Committees of the Whole, and two members 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 (i.e., those with 12 or more members).

Sitting Day 2 Agenda – Speech from the Throne and routine business

Since the time required for the election of the Speaker is unpredictable, mostly depending on the number of candidates who each deliver a speech (and, this year, on what public health measures are in effect), the SFT has usually been delivered on the sitting Day after the election of the Speaker. However, in 2019, the SFT was delivered in the afternoon of the first sitting day, following the election of the Speaker. This was made possible because, through unanimous consent, the House agreed to sit late in order to complete all the business required that day. This expedited approach may not be possible, as obtaining unanimous consent is never guaranteed (e.g., in 2013, it was denied when this same request was made).

The time of Day the SFT is delivered is determined by the Government, in consultation with Rideau Hall.

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, or a limited number representing each party, will then proceed to the Senate to listen to the Speech.

When the Prime Minister returns to the House of Commons after hearing the SFT, the Speaker reports that the privileges of the House of Commons have been claimed.

You will then introduce the pro forma Bill C-1, An Act respecting the Administration of the Oaths of Office. The purpose of this practice is to assert the right of the House to give precedence to matters not addressed in the SFT. This tradition originated over 400 years ago in Great Britain. Since this is a pro forma bill, it has traditionally not been printed and it is never debated. Exceptionally, in 2008, Prime Minister Stephen Harper tabled a document entitled “An Act respecting the administration of oaths of office” in addition to introducing the usual bill. Over the course of the next four sessions, the House ordered, by unanimous consent, that the pro forma bill be printed. At the opening of the 42nd Parliament in 2015, the new government returned to the previous practice, introducing a pro forma bill without asking that the House order it to be printed.

After the Speaker reports that the SFT was delivered, and tables its text for it to be published in Hansard, you will move a motion for consideration of the SFT later that Day to allow the House to take various important, but routine, actions that enable Parliament’s work. The actions you must take are covered below, while others will be dealt with by the Leader of the Government in the House of Commons (this may include a motion to establish modified sitting procedures due to pandemic public health measures, if there is no unanimous consent – see below).

Decision regarding the selection of the SFT Mover and Seconder

Following the routine business, a motion for the Address in Reply to the SFT is moved and seconded by two government members who speak for 20-minutes each, followed by a 10 minute question and answer period. This is a standard motion that expresses “humble thanks” to the Governor General for the SFT.

The Prime Minister normally selects the mover and seconder of the Address in Reply to the SFT, often from among the newly elected backbench with consideration to linguistic representation. The Prime Minister’s Office traditionally provides support to the members for their speeches and prepares them for the question and answer portion of the debate.

The Leader of the Opposition moves that the debate be adjourned. This is followed by the Government House Leader moving a motion to adjourn the House for the day, which is usually agreed to on the voices – without a recorded division.

Sitting Day 3 and Beyond Agenda – SFT consideration and other government business

Decision on whether to debate the SFT and bring it to a vote

There is no procedural requirement to debate or vote on the Address in Reply to the SFT. If debate is initiated, it does not need to be completed.

If the Address in Reply to the SFT motion is put to a vote, and if it is adopted, the House would be expressing its general agreement with the contents of the Speech. Not bringing the Address in Reply to the SFT to a vote does not preclude the House from debating and voting on government legislation.

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The Standing Orders provide for up to six days of debate on the Address in Reply to the SFT, in addition to the Day the Speech is delivered and the Address in Reply is moved and seconded. These six days do not need to be consecutive (i.e., Government business, including legislation; and, opposition Day motions could be debated on intervening days).

• The first Day of debate on the Address in Reply to the SFT is traditionally devoted to speeches by leaders of the recognized parties. Your 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 motion for the Address in Reply to the SFT, which expresses their perspective on the Speech’s content.
• At the end of the second day, the House has the first vote, which is on the sub-amendment to the Address in Reply to the SFT. In the past, most governments have not introduced legislation until after this vote, although there is no procedural rule preventing this.
• On the fourth day, the leader of the third largest recognized opposition party may move a sub-amendment to the Official Opposition’s amendment, if applicable. Debate continues and at the end of the fourth day, there is a vote on the amendment and on a second sub-amendment, if one is moved.
  • The votes on the amendment and sub-amendment(s) present the first opportunity for the House of Commons to express confidence in the Government. However, they are not automatically considered confidence matters if they are not explicitly worded as such. For example, the amendments to the Address in Reply were adopted in 2004, 2006 and 2008, and sub-amendments were adopted in 2004 and 2006 without the Government interpreting them as confidence issues (each of these instances was during a minority government).
• At the end of the sixth Day of debate, the House votes on the main motion for the Address in Reply to the SFT, including any amendments that might have previously been agreed to by the House. This vote is implicitly considered a confidence question.

If the Government does not wish to schedule debate on the Address in Reply immediately, it could decide to schedule debate on another substantive government motion on Day 3. Government bills could be introduced as early as Day 3 and debated as early as Day 4.

The regular daily order of business will begin on the sitting Day following the delivery of the SFT, with the first Routine Proceedings, Statements by Members, and Question Period.

The following calendar is for illustrative purposes. Parliament need not open on a Monday. For example, it opened on a Thursday in 2019, 2015 and 2011, and a Tuesday in 2008.

Decision Required: Sitting procedures and practices during the Pandemic

As part of broader discussions related to the Government’s operating model in a number of areas (swearing-in of the Ministry, Cabinet meetings, public service workplaces) for the remainder of the COVID-19 Pandemic, [ * ]

A number of options exist in this regard. For instance, during the 43rd Parliament, the House of Commons changed its procedures, practices and technology in response to public health guidance. This culminated in decisions to conduct regular business in hybrid sittings in the second session, building on measures used in a more limited way in the first session when the House sat with reduced, proportional representation when it considered legislation to respond to the pandemic. The House can accommodate as many as 86 Members while respecting physical distancing.

During the second session, members were able to fully participate in proceedings either in person or via videoconferencing. However, particularly for committee meetings, technical difficulties with videoconferencing often caused disruptions to proceedings and the ability of translators to provide quality translation. Members participating online initially voted by videoconference but transitioned to a remote voting application in March 2021.

A motion to implement measures was adopted on unanimous consent and expired on June 23, 2021. A decision of the House would be necessary to adopt these or other measures in the 44th Parliament.

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In the last Parliament, in exchange for supporting the implementation of a hybrid sitting approach, the opposition sought measures to enhance parliamentary scrutiny and accountability. For example,

• In the first session of the 43rd Parliament, the House adopted a number of measures to provide ongoing parliamentary accountability while it was adjourned due to the pandemic. On March 24, 2020, the House adopted a motion to require the Minister of Finance to provide bi-weekly reports to the Finance Committee on certain spending under the COVID-19 Emergency Response Act, and a process for the House to be recalled for a take-note debate if the committee was dissatisfied.
• On April 11, 2020, the House requested that the Auditor General conduct an audit of certain COVID-19 spending and table a report by June 1, 2021. On April 20, 2020, the House adopted special measures that required the Government to secure support for COVID-19 legislation by sharing draft bills with opposition parties in advance of introduction and obtaining all-party agreement to expedite passage in the House.
• In the second session of the 43rd parliament, the Government provided greater transparency in its legislation to renew the Public Health Events of National Concern Payments Act by including an itemized schedule of payment limits.

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Decisions Required: Non-Ministerial Parliamentary appointments

In addition to the Leader of the Government in the House of Commons, you choose the following non-Ministerial appointees who support the Government in its parliamentary program. These appointments should be made before the House opens.

• Deputy Leader of the Government in the House of Commons
• Parliamentary Secretary to the Leader of the Government in the House of Commons
• Chief Government Whip
• Deputy Government Whip
• Chair of the National Caucus for the Government
• National Caucus Research Office Head

In the last two Ministries, the position of Research Office Head, for the Government party, was held by the Prime Minister. The member of parliament responsible for the Caucus Research Office is the employer of the Office’s staff, and as such is responsible for overseeing the implementation of anti-harassment and violence policies, accessibility, and other human resources measures, for the Office’s staff.

A strong Government House team is particularly important in a minority context. This team, along with ministers, will need to build support for the Government’s agenda in Parliament. This includes engagement and negotiation with both the opposition and members of the government caucus.

Board of Internal Economy Government members

The Board of Internal Economy is the governing body for the financial and administrative matters of the House of Commons. Its membership includes the Speaker, who acts as Chair two ministers, the Leader of the Opposition or their representative, and additional members of parliament so that there are an equal number of government and opposition representatives (apart from the Speaker) based on a formula that is contingent on the number of recognized opposition parties.

You choose the Government’s representation on the Board which consists of:

• Two members of the Ministry who are appointed to the Board by the Governor in Council on the recommendation of the Prime Minister. This has usually included the Leader of the Government in the House of Commons, and another Minister.
• Additional members of the government caucus (ministers and/or backbench members). This has usually included the Chief Government Whip. If there are three recognized opposition parties, two additional government members would be appointed, in addition to the two positions to be filled by ministers.

The Speaker normally announces the membership of the Board to the House on the Day of the SFT.

Government representative in the Senate

Senator Gold will remain as the Government Representative in the Senate until you decide to replace him, or until he resigns the post. While Senator Gold would not need to be re-sworn into the Privy Council, should you wish to appoint a different senator to this position they would need to be sworn in for the purpose of participating in Cabinet or Cabinet committee discussions on parliamentary business.

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 recommendation of the Prime Minister, and may be removed at any time. Senator George Furey (Non-affiliated) will continue to be the Speaker if a new one is not appointed (at least until his mandatory retirement date of May 12, 2023). Should you wish to have a new Speaker appointed, you will be provided advice under separate cover.

The Speaker pro tempore (or Deputy Speaker) in the Senate is nominated at the beginning of the session by the Senate Selection Committee, which is made up of nine senators.

II. Strategic considerations

The Government’s legislative program

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Governing in the context of a minority government requires flexibility and a readiness to negotiate with opposition parties and the Government’s caucus to secure support in the management of parliamentary business, as well as contingency planning for when support is not obtained.

Recommendations on preparing and managing the Government’s legislative program are provided in Annex 3.

Private Members’ business (including Senate Public Bills)

The first thirty Private Members’ Business items in the House of Commons (bills, motions, and motions for the production of papers) are expected to be added to the Order of Precedence approximately 25 sitting days after Parliament opens, and debate on the first items could begin before the winter adjournment.

Given the Government does not control the schedule for Private Members’ Business items, and that they can have significant, policy, legal and political consequences, it is critical that the Government adopt clear positions on them, as well as fall-back positions, in a timely manner.

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To support caucus, the Government House Leader or Whip should engage caucus members on their planned items and ensure that the member is working with the responsible Minister to discuss items they are considering introducing.

More Private Members’ Business items sponsored by opposition members have passed during recent minority governments compared to majority ones. This has included items that the Government opposes. For example, Bill C-208, An Act to amend the Income Tax Act (transfer of small business or family farm or fishing corporation), received Royal Assent in June 2021 despite the Government’s opposition. [ * ]

Some Private Members’ Business items, such as Bill C-208 noted above, seek to change taxation. [ * ]

Senate Public Bills

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House of Commons Standing Committees

Particularly in a minority context, special attention needs to continue to be paid to House of Commons committees. Because committees are where much of the detailed work of the House of Commons is conducted, and because they have considerable autonomy and procedural tools at their disposal, they can have a significant impact on the Government’s ability to deliver its agenda.

The opposition can use its greater numbers on committees to set their agendas and to win votes. In recent minority governments, committees have been more likely to amend or delay government legislation, request papers the Government would not otherwise proactively provide, reduce or oppose government estimates, and pursue studies and issue reports that are not favourable to the Government (including those that result in findings of the Government being in contempt of Parliament or that bring into question confidence in the Government).

Despite these significant powers, the ultimate impact of a single committee’s decisions are limited, as most committee decisions must be ratified by the whole House (e.g., changes to estimates, recommendations that the Government or individuals be found in contempt, etc.) or can be reversed by the whole House (e.g., legislative amendments).

See Annex 4 for advice on managing committee business.

Establishing committees and their membership

As of the beginning of the 44th Parliament, the Standing Orders will provide for 25 standing committees in the House of Commons and two joint House-Senate committees. This will include the new Standing Committee on Science and Research, which was created through the unanimous adoption of Private Members’ Motion M-38 on May 26, 2021. 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). Often, the number of members on each committee, and the share allocated to each recognized party, is agreed to by the party Whips and a sessional order is adopted to this effect.

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Opposition parties may seek to re-establish the House Special Committee on Canada-China Relations that was established during the 43rd Parliament.

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Motions for Papers

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The House Orders for documents respecting the transfer of viruses to the Wuhan Institute of Virology, and Dr. Xiangguo Qiu and Dr. Keding Cheng, dissolved with the previous Parliament. However, the Speaker of the House of Commons stated in the House on June 23, 2021, that outstanding questions of privilege will carry over into the 44th Parliament. The question of privilege regarding the transfers of viruses could be raised in the new Parliament if it is called forth by a member of parliament at the earliest opportunity (i.e., Day 1 or Day 2). [ * ]

Senate

Senate composition and upcoming vacancies

There are 105 total Senate seats, of which 11 are currently vacant. The present standings in the Senate are as follows:

• 39 Independent Senators Group (ISG)
• 18 Conservatives
• 14 Progressive Senate Group (PSG)
• 13 Canadian Senators Group (CSG)
• 10 Non-affiliated
• 11 vacancies: Alberta (1), British Columbia (1), Manitoba (1), New Brunswick (2), Newfoundland and Labrador (1), Nova Scotia (1), Ontario (2), Prince Edward Island (1), Saskatchewan (1)

Twenty-eight vacancies are anticipated before the end of 2025, based on mandatory retirements and one upcoming resignation (see Annex 5 for a list of upcoming Senate vacancies).

While the majority of senators appointed by the Government since 2016 have joined the ISG, there have been various changes in affiliation since then, including the creation of the CSG and the PSG. Unless more senators join these latter two groups over the next four years, both of them will lose their recognized group status (nine or more members) due to mandatory retirements.

Strategic considerations

During the 43rd Parliament, the Senate had to determine how it would function and adapt to the realities of the pandemic. It expeditiously dealt with emergency legislation related to the pandemic and priority government legislation. Senate committees conducted 10 pre-studies of government bills as a way to advance the Government’s legislative agenda.

The Government’s Bill S-4, which sought to amend the Parliament of Canada Act in support of the broader commitment to make the Senate more independent and non-partisan was positively received in the Senate. Consensus was reached amongst the leadership of all groups on the content of the bill, which led to it being adopted swiftly by the Senate. All groups voted in support of the changes, which would align the law governing the Senate with the recent changes made by the Senate itself to its rules and the way it operates. [ * ]

It should be noted that throughout the 43rd Parliament, some senators expressed frustration that they were not given adequate time to study legislation (i.e., Bill C-6, An Act to amend the Criminal Code (conversion therapy), and Bill C-10, An Act to amend the Broadcasting Act). For example, on two occasions, the leader of the CSG expressed this sentiment, once in September 2020 with a motion that stated that the Senate should have at least one sitting week to study non-pandemic related government bills, and recently in June when he spoke publicly on this issue.

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Annex 1: Timing of the opening of Parliament

Average opening time by a Minority Government was 79 days, based on the above examples.

Annex 2: 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 courts or the Speaker can rule on. In practice, what constitutes a matter of confidence is ultimately determined by the Prime Minister who must act on any votes of non-confidence by resigning or requesting that the Governor General dissolve Parliament thereby triggering an election.

It is generally acknowledged that the following motions are questions of confidence:

• Explicit motions of confidence or non-confidence, which state, in express terms, that the House has, or does not have, confidence in the Government. For example, in 2005 and 2011, the Prime Minister advised the Governor General to dissolve Parliament after opposition Day motions stating that the House had lost confidence in the Government were adopted.
• Implicit motions of confidence traditionally deemed to be confidence matters. This includes votes on: the Address in Reply to the Speech from the Throne (SFT), but not necessarily amendments to it; the Government’s budgetary policy, but not necessarily amendments to it; supply, but not necessarily individual items of supply.
• Matters expressly declared by the Prime Minister in advance to be confidence questions. This has been a tactic successfully used by Prime Ministers to help pass certain bills or motions because it signaled to the opposition that not supporting them would trigger an election.

There is generally an expectation that a newly elected government will test whether it holds the confidence of the House early in the first session of Parliament.

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Annex 3: Managing the Government’s legislative program

Preparing the Government’s legislative program

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Managing the Government’s legislative program in Parliament

A minority government’s ability to pass bills is constrained by the need to secure sufficient opposition support for each one, and the typically shorter duration of a minority Parliament, which often leaves insufficient time to complete the legislative process. Further, the length of time bills are debated and studied at each legislative stage is typically longer in a minority situation as procedural tools such as closure and time allocation motions require the support of at least one opposition party.

The length of time bills are debated varies in both the House and the Senate, with large and more complex items seeing longer periods of debate.

As was the case in the 43rd Parliament, the minority situation in the House is likely to bring a higher volume of amendments being moved and adopted by opposition parties.

The 42nd Parliament saw an increase in the number of amendments to government bills moved in the Senate. This trend, however, did not continue in the 43rd Parliament. The average number of sitting days that government legislation spent in the Senate was also lower than in previous Parliaments. In fact, the majority of priority government bills were adopted by the Senate in less than one week. However, this was a result of the Senate having brief, special sittings for the purpose of passing priority pandemic relief bills. As such, the trends seen in the 42nd Parliament may be seen in the 44th Parliament.

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Annex 4: Managing committee business

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Annex 5: Projected Senate retirements from 2021 – 2025

There are 27 mandatory retirements scheduled to take place by the end of 2025. In addition, Senator Douglas Black (CSG – Alberta) has announced he will resign from the Senate early, effective October 31, 2021. These include, by Senate group:

• 8 Independent Senators Group (ISG)
• 7 Conservative (C)
• 6 Canadian Senators Group (CSG)
• 5 Progressive Senate Group (PSG)
• 2 Non-affiliated