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The Senate of Canada
FUNDAMENTALS OF SENATE COMMITTEES
Committees Directorate
February 2001
First Session of the Thirty-Seventh Parliament
THE MANDATE AND POWERS OF COMMITTEES
The power to inquire
The power to report
The power to send for persons, papers and records
The power to print
The power to form subcommittees
The power to sit in camera
RESTRICTION UPON SITTING TIMES
Committee organization
Quorum
Subcommittee on Agenda and Procedure
(Steering Committee)
PROCEDURES AND PRACTICES IN COMMITTEES
COMMITTEE DOCUMENTSNotices of meeting
Motions and debate
Voting
Witnesses
Official languages and privilege
Witness expenses
Provincial and territorial governments
Travel
Examination of bills
Special studies
Reports to the Senate
Confidentiality of committee reports
Reporting dates
Minutes of Proceedings
Unrevised transcript ("the blues") and the evidence
Correspondence received by the committee
Documents tabled with the committee
RESEARCHERS AND OTHER PERSONNEL
Types of budgets
Bills
Special studies
Emergency funds
Non-committee expenditures
Rule 104
ACCOUNTABILITY AND COMMUNICATIONS
Accountability
Broadcasting of committee proceedings
Parliamentary web site
Communications planning
Relations with the media and the public
FUNDAMENTALS OF SENATE COMMITTEES
As some observers have noted, in many cases what happens in the Chamber is only preparation for, or a consummation of, what is accomplished in the committee room. Female representation in the Senate has reached almost 30 per cent and the professional profiles of senators cover a wide spectrum, including social work, education, health care, the military, journalism, agriculture, business, law and politics, including former provincial premiers, members of provincial legislatures and the House of Commons. This collective expertise makes committees excellent instruments for the debate and formulation of public policy.
Committees house much of the action in the Senate. On average, over 50 bills are examined and 30 special studies are undertaken each year. The resulting reports are welcomed by varied audiences that may include government departments, academics, professional organizations, policy institutes, special interest groups, corporations and more. Senate supporters are often individuals who have appeared before committees or who have followed the work of committees on some issue.
The Committees Directorate aims to make committees as effective as possible, providing all procedural, administrative and information services. This booklet is designed to provide senators, particularly newcomers, and other interested committee-watchers with a basic understanding of the procedures and functions of committees. It represents just one of many information documents produced by the Directorate, and requests for further information can be directed to us at comsen@sen.parl.gc.ca or (613) 990-0088.
FUNDAMENTALS OF SENATE COMMITTEES
THE MANDATE AND POWERS OF COMMITTEES
Senate standing committees essentially have two functions:
a) to consider bills; and
b) to carry out special studies.
In both instances, a committee is unable to proceed unless it has received from the Senate an Order of Reference charging the committee to examine a specific bill or to conduct a particular study.
In the case of bills, the Order of Reference has an almost generic quality; it simply indicates that certain legislation be referred to a committee. The Order itself is moved without notice and adopted (almost invariably without debate) following the second reading of the bill. The conventional powers of the committee are sufficient to carry out the task of reviewing a bill and it is commonly done without much delay. Consequently, the Senate only infrequently considers additional motions to grant more authority to a committee examining a bill or to fix a date by which it must report.
The situation is somewhat different with respect to Orders of Reference pertaining to special studies. Such Orders are normally presented for debate to the Senate as substantive motions after notice. By convention, the motion proposing the Order of Reference explains the parameters of the study and usually sets the date by which the committee must report its conclusions.
That committees are dependent on Orders of Reference and are prevented from initiating any work on their own authority stems from their traditional status as subordinate entities of the Senate. The general mandate of each of the Senate's ten sectoral committees and the conventional powers they exercise are established by the Rules of the Senate. The mandates outlining the field of competence assigned to each committee are set out in Rule 86.
The powers that committees possess to carry out their work are stipulated in Rule 90. This Rule states that:
A standing committee shall be empowered to inquire into and report upon such matters as are referred to it from time to time by the Senate, and shall be authorized to send for persons, papers and records, whenever required, and to print from day to day such papers and evidence as may be ordered by it.
The power to inquire is fundamental to the operation of a committee and can be exercised only when the Senate has provided the committee with an Order of Reference. Senate committees, unlike committees of the House of Commons, do not have the authority to undertake an examination of a subject or the review of a bill without the express sanction of the Senate.
The power to report allows a committee to inform the Senate, and the public as well, of the results of its examination or investigation into an Order of Reference. A committee conducting a special study that cannot meet its reporting date must request an extension from the Senate. With respect to the examination of legislation, Rule 98 makes clear that a committee must report the results of its review of a bill. However, it is exceptional that a reporting date is set. The Rule states:
The committee to which a bill has been referred shall report the bill to the Senate. When any amendment to the bill has been recommended by the committee, such amendment shall be stated in the report.
As suggested in the rule, amendments are a possible component to any report on a bill. These amendments, however, are not actually incorporated into the bill until the report has been concurred in by the Senate. In addition, recent practice has permitted the use of observations, which are findings or concerns related to the bill, though they are not expressed in the form of amendments to the bill and are not binding even if the report is adopted.
Reports on bills are always presented and not tabled, because further consideration must take place in order to secure the passage of the bill. Reports on special studies, including the subject-matter of a bill, are generally tabled. When a report is tabled, it becomes part of the public record, and it will not be considered further unless a specific request is made.
The power to send for persons, papers and records enables a committee to request the presence of witnesses or the submission of documents it judges necessary to conduct the work mandated by the Senate. At its extreme, the committee can issue a summons insisting that certain persons or material be made available, but there have been only a few occasions when a Senate committee felt obliged to invoke this power. Almost invariably, witnesses appear voluntarily before a committee. In fact, it is more often the case that a committee must decline requests from interested groups, associations or individuals to testify.
The power to print permits a committee to publish a permanent record of its deliberations for the information of the Senate and the general public. Rule 92 requires that all meetings of committees be held publicly and that only under limited circumstances can meetings take place behind closed doors, in camera. The same Rule also states that the public may attend all meetings of the full committee that are not in camera. The printing of committee proceedings, their posting on the parliamentary web site and occasional broadcasting is helping to provide the public with greater access to the work of committees.
The power to form subcommittees is an additional power exercised by virtue of Rule 96(4) and (5). A subcommittee is often created to establish the agenda of the full committee, but it could also be set up to investigate a particular aspect of a larger study. In either case, subcommittees routinely present their findings and suggestions to the full committee in the form of a report, either written or oral. The membership of subcommittees is limited to no more than half the full committee and the quorum is fixed at three members.
The power to sit in camera can be exercised only in accordance with Rule 92(2). Rule 92 (1) states that "all meetings of Senate standing and special committees shall be held in public and only after public notice." Rule 92(2) provides for exceptions such as personnel matters, future business or the consideration of draft reports.
RESTRICTION UPON SITTING TIMES
Rule 95(1) generally allows committees to arrange their own schedule by granting them the power to adjourn from time to time. Additional provisions of the Rule, however, restrict that authority depending upon certain circumstances. Section (4) prohibits the meeting of a committee whenever the Senate itself is sitting. If a committee determines that it should meet when the Senate is sitting, the committee must obtain the Senate's permission. In addition, whenever the Senate is adjourned for a week or less and a committee intends to meet during that time, notice to that effect must be given at least one day before the adjournment of the Senate. During longer adjournments, the committees require permission of the full Senate to meet. However, there is usually a motion passed at the beginning of each session giving all committees permission to sit during adjournments.
Each standing committee also has a sitting schedule allocating the time, day and location of its meetings during the week. Committees are discouraged from meeting outside their scheduled time as it may cause conflicts with other committees due to the overlaps of membership.
The chair's principal duties revolve around the operations of the committee itself. The chair's role is to preside over its meetings, guide its deliberations and seek to maintain order and decorum. Like the Senate Speaker, chairs have the authority to rule on procedural issues, but any ruling is subject to an appeal to the full committee. This can be done simply at the request of any other member of the committee and the resulting majority vote will determine the final result.
Pursuant to Rule 97(1), the chair or a Senator designated by the chair presents or tables reports to the Senate and moves motions related to the work of the committee. The chair also usually represents the committee whenever its budget requests are reviewed by the Committee on Internal Economy, Budgets and Administration.
Senate committees also have a deputy chair who, at the request of the chair, can preside over meetings of the full committee in the absence of the chair. Should the chairmanship of the committee become vacant, however, the deputy chair does not assume the chair automatically. An election is held to determine the new chair.
Most meetings adjourn to the call of the chair, although committees have at times adjourned to the call of the steering committee.
The role or function of senators as members of a committee is, on the whole, similar to the part they play in the Senate itself. A member can move motions, participate in debate and vote. Because procedures in committee tend to be more informal, there is no need for a seconder when moving a motion, nor is notice required before it is proposed. Moreover, committee members can speak more than once on a question in committee and without any specific limitation of time. These variations from Senate practice are sanctioned by the Rules of the Senate.
The right to attend meetings and participate in the deliberations of a committee is extended to all senators under Rule 91. The only stated restriction is that senators who are not members of the committee are not permitted to vote. An unstated corollary is that non-member senators are not entitled to move a motion nor do they count as part of the quorum.
A significant element of committee activity, unlike the customary proceedings of the Senate, relates to the testimony of witnesses. Following a brief presentation or statement by witnesses, members have an opportunity to pose questions and exchange information with the witnesses and among themselves. Though there is no formal practice limiting the amount of time a member may take in questioning witnesses, senators generally discipline themselves to permit the participation of all the members who wish to speak. In certain instances, a committee may adopt, by motion, specific procedures for questioning witnesses.
In common with the prohibition applied to senators in their participation in certain matters before the full Senate, Rule 94(1) forbids senators from sitting on any committee that is examining an issue in which they have a pecuniary interest "not held in common with the rest of the Canadian subjects of the Crown." Pursuant to Rule 94(3) to 94(10), when conducting a special study, a Committee may order its members to disclose the existence of any private financial interests in respect thereto. The member is to file any such declaration with the Clerk of the Committee who in turn shall make it available for public consultation.
Committee organization: At the beginning of each Session, a nine-member Committee of Selection is appointed by the Senate to nominate the membership of the standing committees. There are a total of ten sectoral committees together with two committees on internal matters (Internal Economy, Budgets and Administration; and Privileges, Standing Rules and Orders). The three Joint Committees are the Scrutiny of Regulations, Official Languages and the Library of Parliament. The report of the Selection Committee is subsequently submitted to the Senate for approval.
The membership of the committees is permanent for the duration of the Session according to Rule 85(3). However, membership changes are periodically made by a notification signed by the appropriate party whip, filed with the Clerk of the Senate who is responsible for recording the change in the Journals of the Senate (Rule 85(4)). Copies of the membership changes are also sent to the Records Clerk in the Committees Directorate and to the responsible Committee Clerk.
Once the membership has been established, standing committees schedule an organization meeting, which is called by the Clerk of the Senate. The purpose of this organization meeting is to elect the chair and deputy chair and to adopt certain procedural motions to permit the committee to function. The first item of business is the election of the chair, over which the committee clerk presides. After the deputy chair is chosen by the committee, several routine items are considered. Among them is the question of research assistance. It is also necessary for the committee to adopt a financial report of expenditures made by the committee during the previous session. According to Rule 104, such a report must be presented to the Senate within fifteen sitting days of the resumption of the Senate if it has not already been tabled.
Quorum: The Rules of the Senate establish the size of each committee and also fix the quorum, the minimum number of members who must be present for the committee to decide questions or to vote. The internal committees are composed of fifteen members while each of the ten sectoral committees have twelve members plus the two leaders or deputy leaders who are members ex officio; the quorum for all of them is set at four. For the purpose of receiving evidence, Rule 89 permits a committee to authorize the chair to hold meetings without a quorum.
The Subcommittee on Agenda and Procedure (steering committee): Most committees establish a steering committee to arrange the organizational and administrative affairs of the full committee. It is often appointed at the organization meeting, but can be set up at any time. The steering committee is usually composed of at least three members with two members representing the majority party in the Senate and one representing the minority and includes the chair, the deputy chair and one other member of the committee. In order to make any decisions, three members of the steering committee must be present (Rule 96(5)).
The steering committee generally plans the work on the Order(s) of Reference before it. For example, the steering committee may assess the amount of time needed to hear witnesses, who those witnesses should be, whether the committee should seek authorization to travel or to hire research staff, or whether its proceedings should be broadcast. As well, the steering committee might prepare a budget for submission to the Committee on Internal Economy, Budgets and Administration if the work of the committee will require special funding.
It is more practical to have the steering committee, a small representative unit of the full committee, to review these administrative questions. The recommendations made by the steering committee are reported back to the full committee, which can reserve the right to approve any of the decisions.
The meetings of the steering committee are invariably held in camera. The committee clerk is responsible for keeping the confidential minutes of these meetings and for preparing any reports that might be presented to the full committee.
PROCEDURES AND PRACTICES IN COMMITTEES
Notices of meeting: Members of the committee, and all other senators, are notified of the date and time of each committee meeting. The notice, sent to members by fax, also identifies the Order of Reference(s) to be considered, provides the names and titles of witnesses and whether the meeting will be held in camera. This schedule is also available on the Senate channel of Oasis and on the parliamentary website and at the interactive computer monitors (KIOSK) set up at Senate entrances and around the Senate precinct.
Motions and debate: Unlike proceedings in the Senate, members do not need to give notice before moving a motion nor does it require support by a seconder; but a motion or amendment can be challenged for its acceptability. Any member can raise a point of order questioning the procedural validity of the motion or amendment. Once the matter has been discussed, the chair can offer his or her assessment of its acceptability which can, in turn, be accepted or rejected by the committee on appeal. A procedural challenge like this is not a frequent occurrence in Senate committees. The work of committees is usually conducted in an atmosphere of informal collegiality and cooperation.
This atmosphere is most evident in the process of debate, which tends to resemble discussion rather than set exchanges. This style of debate is encouraged by the fact that there are no recognized time limits in committee nor are senators restricted to a single intervention.
Routine motions relating to committee work that are moved in the Senate include, for example, requesting permission to sit while the Senate is sitting, changing the date of presentation of a final report, referring papers and evidence from a previous session, and seeking authority to travel or to hire special staff.
Motions in committee include, for example, the election of a new chair, the creation of a subcommittee or the amendment of clauses of a bill (see Appendix for examples).
Voting: Formal decisions made by a committee are reached by means of a vote of its members. A majority is necessary for a question to be decided in the affirmative or the negative. The chair has the right to vote like any other member of the committee, but should vote first. If the result of the vote is equal, the question is deemed to be in the negative.
Voting is by a show of hands or by a recorded division, if a request is made by a member. When a recorded division is taken, the names of the members are called out in alphabetical order by the clerk of the committee. Each senator, as his or her name is called out, answers "yea" or "nay." When all the names have been called and counted, the clerk announces the result and the chair declares the question either carried or defeated.
Members are not to interrupt proceedings on a division. Points of order or questions of privilege should not be raised during the division.
Witnesses: The witness-committee relationship is an extremely important one. Committees are the direct link between the institution and the Canadian public at large, hearing over 1,600 witnesses per year on average. Even if a committee does not follow a witness’s advice immediately, it provides a forum for witnesses’ views to be heard and revisited in the longer term, and also often permits their views to broadcast nation-wide on the public affairs channel (CPAC). The longer term impact of witnesses’ testimony is especially true in the Senate, where senators bring a wide range of professional expertise to their committees and have a long institutional memory.
Senators have always treated witnesses with a great deal of respect and make every effort to attend meetings with witnesses, who have often travelled a long way and made considerable efforts in the preparation of their briefs. The Committees Directorate also tries to make the appearance of witnesses as effective as possible, and produces "A Guide for Witnesses Appearing before Senate Committees," which is posted on Parliament’s web site, laying out guidelines for the preparation of briefs and other useful information. The Directorate also surveys witnesses as to their satisfaction with the services provided by the Directorate, and in previous years has received an approval rating of over 95 per cent.
Committees are empowered to receive evidence as part of their consideration of any matter. Evidence can be submitted in the form of testimony or as a brief. Normally, there is no restriction on the number of briefs that can be sent to a committee, but it is not always possible for committees to hear all the groups or individuals that might seek to testify. The committee has responsibility for choosing the witnesses it will hear and it sets its own guidelines for the format of the hearing, deciding, for example, how much time will be allotted to each. On occasion, committees provide the opportunity for people to "walk on" at the end of a hearing, to either ask questions or provide evidence. Also, witnesses unable to attend are sometimes heard by video-conference.
Because witnesses are usually willing to come before a committee, if not in fact asking for an opportunity to testify, committees rarely have any difficulty arranging hearings. However, if a Canadian citizen were to decline an invitation to appear, the committee could consider issuing a summons indicating the time and place the witness would be required to give testimony.
While it is rare that witnesses are asked to testify under oath, the committee possesses the authority to have a witness sworn in or affirmed.
Official languages and privilege: Witnesses have the right to address the committee in either official language. They may also claim the protection of privilege in respect of their evidence. This claim is founded on the premise that all proceedings of Parliament are protected by privilege and the hearings of a committee constitute part of its proceedings.
Witness expenses: Committees must agree to reimburse the reasonable travel and living expenses of witnesses before they can be paid. Witnesses should be advised in advance whether the committee will accept any claims for reimbursement. To validate any such claim, a witness is required to furnish proof of allowable expenses in the form of original receipts. A decision of the Internal Economy, Budgets and Administration Committee adopted by the Senate on February 28, 1996, restricts to two the number of representatives from any one organization that can be reimbursed on a particular Order of Reference. Many committees, by motion, further limit the number to one.
Provincial and territorial governments: In accordance with Appendix I of the Rules of the Senate, whenever a committee is examining a bill or the subject-matter of a bill that is of special interest to a province or territory, the committee should make an effort to invite representation from the government of that province or territory. If the provincial or territorial government seeks to make a representation, the committee should give it a reasonable opportunity to be heard.
Travel: Committees have authority to convene meetings within the precincts of Parliament. Committees do not have the power to adjourn "from place to place" on their own initiative. The Senate must grant a committee the right to conduct its work beyond the parliamentary precincts and to travel to other locations. The authority can provide the power to travel anywhere in the country for the purpose of a particular study or it can specify the dates and locations of travel. Once a committee has this authority, its proceedings have the full protection of privilege as if they were taking place in Parliament. Committees have also travelled outside the country, but the jurisdiction of Parliament does not extend beyond the national borders and the meetings of committees outside the country are not under the mantle of Parliament.
The examination of bills: Bills are referred to committees for study and review following second reading. Under the terms of Rule 98, any bill sent to a committee must be reported back to the Senate. As part of its consideration of any government bill, the committee will normally hear government officials and, time permitting, interested groups or individuals as the committee may decide. The testimony of officials and other witnesses constitutes a phase in the process of a committee's examination of legislation. The Minister or a parliamentary secretary also sometimes appears before the committee to speak on the bill. While there is no fixed convention, the appearance of the Minister can precede the clause-by-clause review of the bill when the committee considers any amendments that might be proposed either at the request of the government or by any member of the Committee. Because the practices of the committee remain generally informal, the clause-by-clause is only infrequently called out separately by individual clauses. Instead, the chair will seek the general approval of the committee for all the clauses of the bill and the title, calling out in order only those clauses where amendments are proposed.
Pursuant to Rule 74(1), there is also an opportunity for pre-study of the subject-matter of a bill.
Special studies: Aside from legislation, committees can receive as Orders of Reference the subject-matter of a bill or a policy issue of interest to Senators. The process that a committee follows in carrying out the mandate of a study is not much different from the examination of a bill. The testimony of witnesses is an important element. Following the hearings, a report is drafted reflecting the views expressed during the proceedings and the evaluation of the committee. Often, particularly in major studies, the committee will engage the assistance of research staff who will have the responsibility of preparing a draft report for the committee. The report can include background information, observations and also recommendations.
Reports to the Senate: When a committee chair submits a report, the committee is stating that it has concluded the work assigned to it by the Senate through the Order of Reference. In accordance with the majority principle, the report is taken to represent the views of the committee as a whole even though it may not have been entirely agreed to by all its members. The use of observations and the less frequent incorporation of minority opinions have developed in recent years as a means either to raise committee concerns that are not necessarily fundamental or to accommodate the views of some committee members.
A report is either presented or tabled by a chair or another designated member of the committee. When it is presented, the chair will ask that the report be taken up for consideration either immediately or at some future time so that it can be debated by the Senate and be approved, amended or rejected. When a report is tabled, it is provided to the Senate mainly for information without the need for further action, though a request can be made to place the report on the Order Paper for debate.
Notice is usually given for debate on a report. The length of notice can vary depending on the nature and content of the report. One day's notice is required for a motion to adopt the report of any standing committee and two days' notice for the adoption of the report of a special committee. With respect to reports on bills: if the report proposes no amendments, the report stands adopted without any motion and the senator in charge of the bill requests that third reading be moved on a future day; if the report recommends amendments, a motion must be made to consider the report following notice. The Senate can waive any notice requirement upon request to do so, if all senators then present give their consent.
Confidentiality of committee reports: Traditionally, reports remain confidential once adopted by the committee until they are presented or tabled in the Senate. This is because the Senate, having ordered a study by a committee, is entitled to be the first to see the results of the committee`s efforts.
On June 27, 2000, the Fourth Report of the Standing Senate Committee on Privileges, Standing Rules and Order of April 13, 2000 was adopted and an excerpt is attached as Appendix IV to the Rules of the Senate. The report sets out the "Procedure for dealing with Unauthorized Disclosure of Confidential Committee Reports and Other Documents or Proceedings," and includes measures to be taken by the Chairs and Clerks of Committees to aid in protecting the confidentiality of reports.
Committees almost always deliberate on the contents of reports in camera, which is permitted under Rule 92(2). Committees that consider and/or adopt reports in public session cannot insist on the confidentiality of their reports, but the practice of not distributing the full text of the report until it has been passed on to the Senate should still be observed.
Reporting dates: Because many Canadians follow committee work closely, committees should make every effort to respect their original reporting dates. Certain circumstances, however, may require a committee to request an extension to their reporting date (see Appendix, Motion B).
As the custodian of committee documents during a session, the committee clerk is responsible for ensuring that they are made available as necessary to parliamentarians and the public. Among the items frequently distributed by the committee clerk upon request are its reports and meeting issues. Other documents related to the work of the committee such as witness briefs or other papers filed with the clerk can also be made available.
Minutes of Proceedings: The official record of the committee's meetings and decisions is the Minutes of Proceedings. Prepared by the clerk after every meeting, it includes information about the members present, the Order of Reference considered, decisions taken, and the identity of the witnesses who have given evidence.
The unrevised transcript ("the blues") and the evidence: Words spoken during a public session of a committee meeting are transcribed as evidence to create a verbal record for publication as a committee issue. The draft version of the transcript, "the blues," is sometimes made available to senators and witnesses for minor corrections before final editing and printing. Normally, the rough text is available within twenty-four following a meeting and a short time is allowed for corrections. The finished text is printed with the minutes to form a committee issue of the Proceedings of the Committee. Printing committee issues is done in-house and can take several weeks. Once copies are printed, they are sent out to all committee members through the distribution office.
Correspondence received by the committee: Most letters, briefs and submissions received by the committee from interested parties and potential witnesses are passed on to members of the committee, together with the translation, through the clerk's office. At the direction of the committee, summaries of the material can be prepared for the convenience of the members if it is too voluminous. All original copies are retained for final disposition in the committee archives after the end of the parliamentary session.
Documents tabled with the committee: Members or witnesses sometimes request that material either be tabled with the committee, filed as an exhibit or appended to the Proceedings of the committee. The last option is very seldom used because of the considerable expense involved when printing add-on texts to a committee issue. Exhibits and other documents tabled in a Committee meeting are retained by the Clerk, archived and form part of the official record. To be properly recorded in the minutes, an appropriate motion should be adopted by the committee, preferably at the time the document is tabled or the exhibit is cited.
The clerk of the committee serves as an advisor on parliamentary procedure and as the administrative officer of the committee. As a non-partisan employee of the Senate, the clerk performs duties independently of the political affiliation of the committee members. The committee clerk relies on the Rules of the Senate, parliamentary procedures, practices and jurisprudence to advise the chair on the acceptability of motions, amendments and the conduct of votes.
The clerk attends all public and in camera meetings of the full committee and any subcommittee, especially the steering committee. As the recording secretary, the clerk is responsible for drafting minutes which serve as the official record. These minutes of proceedings of the full committee are subsequently produced under the supervision of the clerk as an issue with any testimony that might have been received from witnesses, or any report that might have been adopted during the same meeting, although reports are not printed until tabled or presented in the Senate.
With respect to administration, the clerk has the task of arranging and coordinating the work of the committee normally with direction from the chair and the steering committee. The clerk handles relations and correspondence with interested parties and potential witnesses and ensures the translation and distribution of briefs, as required, to committee members. The preparation and scheduling of meetings is managed through the clerk, who arranges the appearance of witnesses and informs the necessary support services. When a committee travels, all the logistics, including any transportation and accommodation, are coordinated by and through the clerk. The clerk is also responsible for providing information to the general public and other interested parties regarding the work of the committee.
Drafting the committee budget upon instruction from the chair and other members of the committee is another responsibility of the clerk. The clerk routinely accompanies the chair when the budget is subsequently reviewed by the Committee on Internal Economy, Budgets and Administration. In addition, the clerk is involved in preparing any contracts of the committee and making the necessary arrangements with Human Resources in accordance with established Senate administrative policy. All expenditures and disbursements of the committee, particularly payments to witnesses and contract researchers, are tracked through the fiscal year by the clerk with the assistance of the Senate Finance Directorate.
RESEARCHERS AND OTHER PERSONNEL
To accomplish its work, a committee may require research support. This is particularly true if the committee is undertaking a major study or if the committee has a heavy workload of bills and other Orders of Reference. A committee can generally consider two options to engage research assistance: it can contract outside experts or it can obtain the support of the research service provided by the Library of Parliament.
In opting to use researchers from the Library, a committee can make arrangements without any prior authorization from the Senate. This is because the employment of Library research staff does not entail any committee expenditure. If a committee decides, however, that it must have the advice and assistance of contracted research support, it must first obtain the permission of the Senate to engage outside advisors as well as approval for the anticipated cost.
A researcher assigned to a committee can be responsible, among other things, for preparing briefing notes and questions pertaining to the current work of the committee during the hearings phase. As well, the researcher will usually work with the chair, the steering committee and clerk in the selection of witnesses. While the committee hears their testimony, the researcher might also be required to summarize the evidence received. After the committee has concluded this part of its deliberations, the researcher will have the task of drafting a version of the report, which could be either interim or final.
In the process of examining bills or conducting special studies, committees will likely incur expenses. The funds that support committee activities are provided from the Senate's portion of Parliament's Estimates under the program heading "Legislative Services and Committees." As is explained in Appendix II of the Rules of the Senate, no monies are available to the individual committees for special expenses, such as hiring staff or travelling, until their budget proposals have been submitted to and reviewed by the Standing Committee on Internal Economy, Budgets and Administration. Once Internal Economy has had an opportunity to assess the budget requests of the committees, it prepares recommendations for the consideration of the full Senate. Only after the Senate has voted on these recommendations, do committees have any authorization to spend money.
Types of budgets: Committee budgets may be prepared either for the routine day-to-day work, that is, the examination of legislation, or for special studies. The steps to be followed in the preparation of a budget depend on the work it is intended to support.
Bills: Following an assessment of the legislative workload that a committee might have during a fiscal year, the committee might decide to engage the services of professional, technical or clerical personnel. If the committee determines that it will want to hire such staff, it must first obtain the permission of the Senate. Once granted, the committee can prepare a budget application covering the fiscal year. After the committee itself has adopted this budget, it is submitted to the Standing Committee on Internal Economy, Budgets and Administration.
In reviewing a budget request, the committee meets with the appropriate committee chair, usually accompanied by the clerk, considers the financial proposal and reports its conclusions to the Senate. The Senate has the authority to accept, reject or amend the reports of Internal Economy. The Senate must approve the final budget of the committee and that approval is necessary before any funds can be spent.
Special studies: Inquiries into non-legislative matters proposed by a standing committee must be approved by the Senate. The committee gets this approval through a motion indicating the scope of the study and the date by which it intends to report. Once the committee has received the Order of Reference from the Senate for the special study, it must prepare a budget of the expenses for the fiscal year and a general estimate of the total cost of the study if it anticipates incurring special expenses. This budget must be submitted to the Committee on Internal Economy for its consideration. Once this budget is approved, it is returned to the chair of the committee proposing the special study. The chair, in turn, must seek the authority of the Senate to incur the budgeted costs of the study (Guidelines 2:02 to 2:08, Appendix II of the Rules of the Senate).
Emergency funds: When committees are obliged due to circumstances to spend some funds and are unable to submit a budget immediately or to obtain the approval of the Standing Committee on Internal Economy, Budgets and Administration quickly enough, the chair and deputy chair of Internal Economy together have the authority to allocate up to $10,000 to a committee so that it can continue to operate until such time as its budget can be properly considered and approved (Guideline 3:03, Appendix II of the Rules of the Senate).
Non-committee expenditures: Certain costs are not charged directly to a committee, but rather to the budget of the Committees and Private Legislation Directorate. Charges for the printing of committee issues and reports, for the services of a revisor/editor of the translated version of committee reports and for the standard beverages served at committee meetings held within the parliamentary precincts, are three categories of expenditure borne by the Committees Directorate.
Rule 104: Once the accounting of any special expenses for any work undertaken by a committee is complete or, if the Senate is not sitting, within fifteen days of the resumption of its sittings, a report must be prepared and submitted by the committee to the Senate. The report provides in sufficient detail an explanation of the monies actually spent by the committee.
ACCOUNTABILITY AND COMMUNICATIONS
Accountability
In addition to the publication of committee budgets in the respective committee issues and in the Journals of the Senate, as well as the Rule 104 expense reports, the Senate Committees Directorate also publishes an Annual Report of its "Activities and Expenditures." The report generally provides well over 100 pages of information on the membership of committees; the bills and studies conducted by each committee; various statistics including numbers of meetings, witnesses and hours or study and details on any travel, and all related expenses.
The Annual Report is available on the Parliamentary Web Site.
Broadcasting of Committee Proceedings
With regard to video-broadcasting, a recent agreement with the Cable Public Affairs Channel (CPAC) resulted in over 200 hours of committee proceedings being televised in 1998-99. Committees often decide whether or not to televise their proceedings based on the Orders of Reference before them, the witnesses to be heard, and the anticipated interest level it holds for the various communities of interest or the public in general.
Committee meetings are audio-broadcast through the use of audio-feed facilities installed in the committee rooms of the Senate. On Parliament Hill’s OASIS Network, committee proceedings are routinely broadcast in French, English and floor language(s) to all offices on both a live and videotape replay basis.
Parliamentary Web Site
Senate Committee have established even greater links with the public and the media through the Parliamentary Web Site. All committee reports, press releases, transcripts, membership lists, contact names and numbers and other appropriate information are converted into HTML format and posted bilingually on the Internet as soon as possible. Individual committee web sites can be accessed at www.parl.gc.ca.
Communications Planning
Due to the nature of committee undertakings, no blanket media relations strategy can be developed for committees. With each Order of Reference, a committee should determine whether or not the issues are of sufficient importance to warrant a communications plan and, if necessary, a budget to carry out that plan. Some issues are of such importance that there may be no need to "promote" the committees work, since the media and interest groups will naturally follow it very closely, although it may nonetheless require some management. Many committees maintain a mailing list of their special interest "audience," and regular communications with these groups to provide meeting schedules or transcripts can effectively spread the message.
A communications plan will generally outline several tasks, such as the preparation of press releases or press conferences, which will often require the assistance of a media consultant. A well designed communications plan can sometimes mitigate the wrong types of coverage, such as a story questioning why a committee is wasting taxpayers dollars. In some instances, the good work of Senate committees has gone unnoticed because there was no communications plan. All committees, or steering committees, should remember to determine their communications needs for each Order of Reference to avoid these problems and to ensure that their work is understood and appreciated.
Relations with the Media and the Public
Reporters covering committees serve as a vital link to the public. Their recounts of committee proceedings and reports often form the basis of the opinions and biases of the public.
While committee clerks are available to provide meeting schedules and transcripts of hearings, more sensitive questions about policy directions being considered by (or recommended by) a committee can only be handled by the chair and members.
Committee members are encouraged to make themselves available to the press, to help them fully understand the issues being reviewed. A well-guided relationship with the press can often do more to promote the work of a committee, and the Senate itself, than an expensive outreach campaign.
The above principles naturally apply to all members of the public as well, as they are the ultimate beneficiaries of the parliamentary process.
MOTIONS COMMONLY USED BY OR IN COMMITTEES
MOTION A
BY the Honourable Senator …, seconded by the Honourable Senator
With leave of the Senate and notwithstanding Rule 58(1)(a),
THAT the Standing Senate Committee on … have power to sit while the Senate is sitting today, and that Rule 95(4) be suspended in relation thereto.
MOTION B
BY the Honourable Senator …, seconded by the Honourable Senator
With leave of the Senate and notwithstanding Rule 58(1)(f),
THAT, notwithstanding the Order of the Senate adopted on Wednesday, May 6, 1997, the Standing Senate Committee on …, which was authorized to examine …, be empowered to present its final report no later than Thursday, March 31, 1998.
MOTION C
The Honourable Senator ... moved, seconded by the Honourable Senator
THAT the Standing Senate Committee on … be authorized to examine and report upon the present state of the … in Canada;
THAT the papers and evidence received and taken on the subject during the First Session of the Thirty-Sixth Parliament and any other relevant Parliamentary papers and evidence on the said subject be referred to the Committee;
THAT the Committee be empowered to permit coverage by electronic media of its public proceedings with the least possible disruption of his hearings; and
THAT the Committee submit its final report no later than December 12, 1999.
FOR USE IN COMMITTEE
MOTION D
Moved by
THAT, pursuant to Rule 96(4) of the Rules of the Senate, a Subcommittee of the Standing Senate Committee on … be appointed;
THAT the Subcommittee be authorized to examine and report, from time to time, to the Standing Committee on (order of reference);
THAT the Sub-Committee be authorized to send for persons, papers and records, whenever required, and to print from day to day such papers and evidence as may be ordered by it; and
THAT the Sub-Committee be composed of the Honourable Senators …
FOR USE IN COMMITTEE
MOTION E
Bill C-19 Clause 8
(36th - 1st) Page 5
Moved by
That Bill C-19 be amended, in clause 8, on page 5, by replacing lines 16 to 19 with the following:
"(b) have regard to any statement of public transportation policy issued by the Governor in Council after consultation by the Minister with the government of each".
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Fraser Dawson, Holtby. Beauchesne’s Rules & Forms of the House of Commons of Canada. 6th Edition. Toronto: The Carswell company Limited, 1989.
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Lee, Derek. The power of parliamentary houses to send for persons, papers & records: a sourcebook of law and precedent of parliamentary subpoena powers for Canadian and other houses. Wagman, T Grant: researcher, compiler and collaborator. Toronto: University of Toronto Press, 1999.
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