|
|
3. The Senate's Role in the Legislative
Process
Senators bring their considerable
knowledge and expertise to bear in order
to study proposed legislation in detail.
Canada's senators play an important role
in the legislative process. In fact, the
Constitution of Canada essentially grants
the Senate the same powers as the House
of Commons, except that the Senate does
not have the power to table money bills,
which provide for the collection of taxes
or the spending of public funds. In the
Chamber, senators initiate and review
bills. In committee, senators bring their
considerable knowledge and expertise to
bear in order to study proposed
legislation in detail.
In the Chamber
The Senate Chamber is where national
issues, regional concerns and federal
legislation are considered and debated.
While most legislation originates in the
House of Commons, all bills must be
passed by the Senate before they can
become law. Either house can do one of
four things to a bill - pass it, amend
it, delay it or defeat it.
The full Senate generally sits on
Tuesdays, Wednesdays and Thursdays;
Mondays and Fridays are office, committee
or travel days. The Senate Order
Paper and Notices, which is prepared
with input from individual senators and
Senate committees, sets out the agenda
for each day's sitting.
Chamber Activity, 2002-2003
In the last fiscal year, the Senate sat
for 66 days over the course of 28
scheduled sitting weeks - more than most
provincial legislatures in Canada. The
following is a brief overview of the
Senate's legislative activities during
the last fiscal year:
-
Twenty-three government bills and one
private member's bill were passed by
both houses.
-
Twenty-three government bills and
nineteen public bills were introduced
in the Senate.
-
Two bills were amended by the Senate
and returned to the House of Commons.
-
One bill was split in two by the Senate
and returned to the House of Commons
with a specific request to approve the
split, which the Lower House did.
-
One bill was amended by the Senate at
third reading.
A major part of the Speaker's
responsibility in the Chamber is to make
rulings on points of order and questions
of privilege. In 2002-2003, Speaker Dan
Hays made 14 rulings; those rulings are
summarized in Appendix A.
Senate Political Officers
Eight senators hold leadership
positions and help to organize the
work of the Senate:
Speaker of the
Senate: Dan Hays
(Calgary, Alberta)
Appointed by the Governor General
on the recommendation of the Prime
Minister, the Speaker is
responsible for speaking for the
institution and for maintaining
order in the Chamber and ruling on
points of order and questions of
privilege.
Speaker
pro
tempore:
Lucie Pépin (Shawinegan,
Quebec)
A Speaker pro tempore is
appointed for each parliamentary
session and serves whenever the
Speaker is absent.
Leader of the
Government: Sharon
Carstairs (Manitoba)
Generally chosen by the Prime
Minister and made a member of the
Cabinet, the Leader of the
Government in the Senate speaks on
behalf of the government during
debate on bills and in Question
Period.
Leader of the
Opposition: John
Lynch-Staunton (Grandville,
Quebec)
The Leader of the Opposition often
speaks for the Opposition during
debate and coordinates the efforts
of colleagues in the Chamber and in
committee.
Deputy Leader of the
Government: Fernand
Robichaud (Saint-Louis-de-Kent, New
Brunswick)
Deputy Leader of the
Opposition: Noël A.
Kinsella (Fredericton-York-Sunbury,
New Brunswick)
The deputy leaders provide support
in preparing and managing Senate
business. The deputy leaders work
together to organize legislative
business and the Senate's sitting
schedule.
Government Whip:
William H. Rompkey (North West
River, Labrador, Newfoundland and
Labrador)
Opposition Whip:
Terrance Richard Stratton (Red
River, Manitoba)
Party whips keep senators in their
respective parties informed about
Chamber and committee business and
scheduling and ensure party
discipline and attendance.
|
|
Legislation Introduced in the Senate in
2002-2003
|
|
The opening of the second
session of the 37th Parliament -
September 30, 2002
|
This report covers portions of two
sessions of the 37th Parliament. The
first session ran from January 29, 2001,
to September 16, 2002. The second session
opened on September 30, 2002, with the
Speech from the Throne and was ongoing on
March 31, 2003.
Speech from the Throne
On September 30, 2002, the Senate was the
setting for the Speech from the Throne
opening the second session of the 37th
Parliament. In Canada, it is customary
for the Opening of Parliament to take
place in the Senate. Steeped in
tradition, the ceremony is an opportunity
for the Sovereign, represented by the
Governor General, to announce to
parliamentarians, the judges of the
Supreme Court, diplomats and many other
invited dignitaries the reasons why
Parliament is being convened, to set out
the general intentions of the government
and to unveil the government's
legislative agenda.
|
Bills can be
introduced
either in the
Senate
(S-bills) or the
House of
Commons (C-bills).
In both chambers,
every
bill must go
through
three
readings.
|
Senate Government Bills
These are bills related to matters of
public policy that are normally
introduced in the Senate by the Leader of
the Government.
Bills Introduced During the
Second Session of the 37th
Parliament:
|
S-2:
|
An Act to implement an
agreement, conventions and
protocols concluded between
Canada and Kuwait, Mongolia,
the United Arab Emirates, Moldova,
Norway, Belgium and Italy
for the avoidance of double
taxation and the prevention of
fiscal evasion and to
amend the enacted text of three tax
treaties
|
|
S-13:
|
An Act to amend the Statistics
Act
|
Private Senator Public Bills
These bills are related to matters of
public policy and are presented in the
Chamber by individual senators. There is
a wide variety of issues covered in these
proposals for legislation.
Bills Introduced During the
First Session of the 37th
Parliament:
|
S-43:
|
An Act to protect
heritage lighthouses (Senator
Forrestall)
|
|
S-44:
|
An Act to amend the National
Capital Act (Senator Kinsella)
|
Bills Introduced During the
Second Session of the 37th
Parliament:
|
S-3:
|
An Act to amend the
National Anthem Act to include all
Canadians (Senator Poy)
|
|
S-4:
|
An Act to provide for increased
transparency and objectivity in the
selection of suitable individuals
to be named to certain high public
positions (Senator Stratton)
|
|
S-5:
|
An Act respecting a National
Acadian Day (Senator Comeau)
|
|
S-6:
|
An Act to assist in the
prevention of wrongdoing in the
Public Service by establishing
a framework for education on
ethical practices in the workplace,
for dealing with
allegations of wrongdoing and
for protecting whistleblowers
(Senator Kinsella)
|
|
S-7:
|
An Act to protect heritage
lighthouses (Senator
Forrestall)
|
|
S-8:
|
An Act to amend the
Broadcasting Act (Senator
Kinsella)
|
|
S-9:
|
An Act to honour Louis Riel and
the Métis people (Senator
Chalifoux)
|
|
S-10:
|
An Act concerning personal
watercraft in navigable waters
(Senator Spivak)
|
|
S-11:
|
An Act to amend the Official
Languages Act (promotion
of English and French)
(Senator Gauthier)
|
|
S-12:
|
An Act to repeal legislation
that has not been brought into
force within ten years of
receiving royal assent
(Senator Banks)
|
|
S-14:
|
An Act to amend the National
Anthem Act to reflect the
linguistic duality of Canada
(Senator Kinsella)
|
|
S-15:
|
An Act to remove certain doubts
regarding the meaning of
marriage (Senator Cools)
|
|
S-16:
|
An Act amend the Constitution
Act, 1867 and the Parliament of
Canada Act (Speakership of
the Senate) (Senator Oliver)
|
|
S-17:
|
An Act respecting the Canadian
International Development Agency,
to provide in particular
for its continuation, governance,
administration and
accountability (Senator
Bolduc)
|
Private Senator Private Bills
These bills confer special powers or
rights on a particular person or group of
persons and are based on a petition to
Parliament. No private senator private
bills were tabled in the Senate in the
2002-2003 fiscal year.
House of Commons Bills
Bills Introduced During the
First Session of the 37th
Parliament:
|
C-15B:
|
An Act to amend the Criminal
Code (cruelty to animals and
firearms) and the Firearms
Act
|
|
Private
bills propose laws
pertaining to the powers and
rights of an individual or
organization. In the past,
these bills were typically
used to establish
corporations, but they are
rare today.
Public bills
concern matters of public
policy, such as taxes and
spending, health and other
social programs, defence and
the environment. Those
introduced by the government
are called government bills,
while those introduced by
individual parliamentarians
are called private members'
bills. Public bills may
affect the public in general
or only a particular segment
of the population.
|
|
|
C-43:
|
An Act to amend certain Acts
and instruments and to repeal
the Fisheries Prices
Support Act
|
|
C-47:
|
An Act respecting the taxation
of spirits, wine and tobacco and
the treatment of ships'
stores
|
|
C-50:
|
An Act to amend certain Acts as
a result of the accession of the
People's Republic of China
to the Agreement Establishing the
World Trade
Organization
|
|
C-53:
|
An Act to protect human health
and safety and the environment
by regulating products used for
the control of pests
|
|
C-59:
|
Appropriation Act No. 2,
2002-2003
|
Bills Introduced During the
Second Session of the 37th
Parliament:
|
C-2:
|
An Act to establish a process
for assessing the environmental
and socio-economic effects
of certain activities in Yukon
|
|
C-3:
|
An Act to amend the Canada
Pension Plan and the Canada Pension
Plan Investment Board
Act
|
|
C-4:
|
An Act to amend the Nuclear
Safety and Control Act
|
|
C-5:
|
An Act respecting the
protection of wildlife species at
risk in Canada
|
|
C-6:
|
An Act to establish the
Canadian Centre for the Independent
Resolution of First
Nations Specific Claims to
provide for the filing, negotiation
and resolution of specific
claims and to make related
amendments to other Acts
|
|
C-8:
|
An Act to protect human health
and safety and the environment by
regulating products used
for the control of pests
|
|
C-10:
|
An Act to amend the Criminal
Code (cruelty to animals and
firearms) and the Firearms
Act
|
|
C-11:
|
An Act to amend the Copyright
Act
|
|
C-12:
|
An Act to promote physical
activity and sport
|
|
C-14:
|
An Act providing for controls
on the export, import or transit
across Canada of rough
diamonds and for a
certification scheme for the export
of rough diamonds in order
to meet Canada's obligations
under the Kimberley Process
|
|
C-15:
|
An Act to amend the Lobbyists
Registration Act
|
|
C-21:
|
An Act for granting to Her
Majesty certain sums of money for
the public service of
Canada for the financial year
ending March 31, 2003
|
|
C-29:
|
An Act for granting to Her
Majesty certain sums of money for
the public service of
Canada for the financial year
ending March 31, 2003
|
|
C-30:
|
An Act for granting to Her
Majesty certain sums of money for
the public service of
Canada for the financial year
ending March 31, 2004
|
Private Members' Bills
These are public bills but are sponsored
by a member of the House of Commons as an
individual.
Bills Introduced During the
First Session of the 37th
Parliament:
|
C-441:
|
An Act to change the names of
certain electoral districts
|
Bills Introduced During the
Second Session of the 37th
Parliament:
|
C-227:
|
An Act respecting a national
day of remembrance of the Battle of
Vimy Ridge
|
|
C-300:
|
An Act to change the names of
certain electoral districts
|
Royal Assent
Until recently, Royal Assent, the final
step in the process through which a bill
introduced in Parliament officially
becomes law, was granted in the Senate
Chamber by the Governor General - or, as
was the practice, by a Supreme Court of
Canada justice acting as a deputy of the
Governor General - in an official
ceremony to which the members of both
houses were invited.
On June 4, 2002, a new, simplified
procedure was introduced allowing Royal
Assent to be given by written
declaration. In passing the Royal
Assent Act, Canada followed in the
path of most Commonwealth countries,
which long ago abandoned the traditional
ceremony because of its excessive
formality and the complications it
created for all the parties involved.
Because Royal Assent is an important
tradition worthy of being preserved, the
new rules state that the official
ceremony will continue to be used when
the first appropriations bill of each
session is passed, and at least once
every calendar year.
Royal Assent was granted by written
declaration for the first time in Canada
on February 13, 2003, when the Governor
General's deputy, the Honourable John
Major, Puisne Judge of the Supreme Court
of Canada, signed a written declaration
in his office assenting to Bill C-4,
An Act to amend the Nuclear Safety
and Control Act.
Her Excellency the Right Honourable
Adrienne Clarkson, Governor General of
Canada, granted Royal Assent by written
declaration for the first time on March
19, 2003, at her official residence. The
legislation was Bill C-12, An Act to
promote physical activity and sport.
The following bills were assented to in
2002-2003:
|
Date
|
Sovereign's
Representative
|
Bills Assented To
|
|
First Session, 37th
Parliament
|
|
|
April 30, 2002
|
The Honourable Louis LeBel, Puisne Judge,
Supreme Court of Canada
|
C-33, S-22, C-35
|
|
June 4, 2002
|
The Honourable John Major, Puisne Judge
|
C-15A, S-40, S-34, C-23
|
|
June 13, 2002
|
Her Excellency the Right Honourable
Adrienne Clarkson, Governor General of
Canada
|
C-43, C-10, C-50, S-41, C-59, C-47, C-27
|
|
Second Session, 37th
Parliament
|
|
December 12, 2002
|
The Governor General
|
S-2, C-14, C-11, C-21, C-8, C-5
|
|
February 13, 2003
|
The Honourable John Major, Puisne Judge
|
C-4 (by written declaration)
|
|
March 19, 2003
|
The Governor General
|
C-12 (by written declaration)
|
|
March 27, 2003
|
The Honourable Louise Arbour, Puisne Judge
|
C-29, C-30
|
In Committee
Committees, the core element of the Senate's
work, are recognized for their major
contribution to legislation and policy.
Committees were called "the heart and soul of
the Senate" by Senator Muriel McQueen Fergusson
(New Brunswick), the first woman Speaker of the
Senate, because of their focus on social,
economic and political issues.
In committee, senators study proposed
legislation referred by the Senate for detailed
analysis, conduct special investigative studies
and examine the government's spending
proposals. It is at the committee stage of the
legislative process that bills are studied in
detail. In studying a bill, committee members
hear a variety of witnesses and vote on the
bill clause by clause. In their investigations
of special issues, committees help to turn the
spotlight on important social, economic and
political concerns. Committees also provide
senators with a unique opportunity to hear from
Canadians: government officials,
representatives of interest groups, university
academics and private citizens appear as
witnesses before Senate committees.
With a specific mandate to protect regional and
minority interests, the Senate sometimes hears
from witnesses who otherwise may not have had
an opportunity to be heard. Witnesses concerned
about important bills and policy issues often
have more time to discuss and exchange ideas
before a Senate committee.
Types of Senate Committees
There are four main types of Senate
committees:
Standing Committees are
permanent committees that correspond
broadly to areas of public policy and
legislation. Standing committees
specialize in areas such as banking,
trade and commerce, fisheries, energy,
Aboriginal peoples, and science and
technology.
Special Committees are
ad hoc committees that are
created to study specific issues and
exist only as long as it takes to carry
out their mandate.
Joint Committees
(Special or Standing) include both
senators and members of the House of
Commons. They are established to examine
issues of mutual interest.
Committee of the Whole
is a committee composed of all senators.
|
A New Committee
Firm in the belief that language rights
rank among the most important
constitutional rights in Canada, the
Senate decided on October 10, 2002, to
create its own Standing Committee on
Official Languages and withdraw from the
Joint Committee on Official Languages, in
whose proceedings it had been previously
been involved.
The mandate of the new Senate committee
is to study bills, messages, petitions,
requests, documents and other materials
related to official languages in general.
Mindful of its constitutional role to
represent minorities, the Senate is
confident that this new committee will
make it possible to provide a forum that
is sensitive to the real needs of
Canada's minority official language
communities and will help advance
linguistic duality in Canada.
|
Committee Membership
Generally, committees are comprised of between
nine and fifteen senators. At the beginning of
each session of Parliament, members are
appointed by the Senate on the recommendation
of a selection committee, usually chaired by
the Government Whip. On average, senators serve
on two committees at a time, each committee
meeting twice a week, sometimes when the Senate
is adjourned. The chair of a committee is
elected by the committee members and is
responsible for calling and presiding over
meetings, maintaining order, overseeing the
budget and speaking publicly on behalf of the
committee.
Committee Activity, 2002-2003
Over the past year, Senate committees undertook
a range of activities, studying bills and
examining issues of special concern. Some
senators and Senate committees are able to
study policy issues in depth because they are
relatively free of the dynamics of partisan
politics. Notable among the more than 55
background reports and special studies
published by Senate committees in 2002-2003
(some tabled in the first session of the 37th
Parliament, others in the second session) are:
Canadian Farmers at
Risk (June
2002)
This report proposes measures to improve the
health of the agriculture and agri-food
industry in all regions of Canada. The
Committee on Agriculture and Forestry makes 21
recommendations to guide the development of
Canadian agricultural policy and the viability
of rural communities. For example, it
recommends that formalized, comprehensive
reviews of agriculture and agri-food policy be
conducted every five years in a manner similar
to the reviews undertaken in the United States
and by the European Union; and that the
government commit itself to spending at least
one percent of its gross domestic product for
assistance to agriculture.
Cannabis: Our Position for a
Canadian Public Policy
(September 2002)
After two years of comprehensive study of
government policies on marijuana, the Special
Committee on Illegal Drugs came to the
conclusion that cannabis should be legalized,
that is, regulated in same manner as beer and
wine, and that only behaviour causing
demonstrable harm to others - illegal
trafficking, selling to minors and impaired
driving - should be prohibited. More than 600
pages long, the report is the product of very
thorough research, detailed analysis and many
public hearings with experts and members of the
general public in Ottawa and in communities in
all regions of the country. The Committee hopes
that the government will adopt an integrated
policy on the risks and harmful effects of all
psychoactive substances, including cannabis.
The report calls on the government to declare
an amnesty for any person convicted of
possession of cannabis under current or past
legislation.
The Health of Canadians - The
Federal Role
As part of its sweeping study of
the state of Canada's health care system, the
Social Affairs, Science and Technology
Committee tabled a fifth interim report (April
2002) and its final report (October 2002)
during the period covered by this annual
report. The Committee came to the conclusion
that the health care system is not viable in
the long term given its current funding
structure, and that the government is going to
have to spend more to restructure the system
and correct the problems. The committee
subscribes to the principle of a single payer -
the government - for hospital and physician
services covered by the Canada Health
Act.
To prevent the emergence of a private health
care system, the Committee recommends the
introduction of a national health care
insurance premium geared to each taxpayer's
income that would inject an additional $5
billion a year into the public health care
system to ensure its financial viability. A
guaranteed maximum waiting time for major
procedures and a complete overhaul of the
funding system, structure and operation of the
medical and hospital system are also among the
recommendations. The Committee advocates the
creation of primary care teams that would
provide service 24 hours a day, seven days a
week, and that would include physicians paid by
capitation.
Minimize Politics in the Bank
Merger Process (December
2002)
According to the Committee on Banking, Trade
and Commerce, the public interest in bank
mergers would be best served by streamlining
the process and narrowing political discretion.
It recommended that the government permit
Canadian banks with more than $5 billion in
equity to amalgamate following approval by the
Office of the Superintendent of Financial
Institutions and the Competition Bureau, unless
there are compelling reasons to believe that
amalgamation would not be in the public
interest. After hearing from academics, the
financial services sector and consumer and
business groups, the Committee felt that
allowing some large banks to merge would
enhance the economy, create jobs and help keep
Canada's financial institutions under Canadian
control. The Committee believes that bank
mergers are a valid business strategy and will
contribute to the growth and prosperity of the
Canadian economy.
The Myth of Security at Canada's
Airports (January
2003)
The Committee on National Security
and Defence found that authorities still have a
great deal of work ahead of them if they are to
fix the enormous security failings that linger,
despite a series of improvements made since the
events of September 11, 2001. To address many
of the concerns raised, the Committee made a
number of recommendations: train flight crews,
immigration and customs officers, and
maintenance staff to recognize and deal with
potential threats; give the RCMP exclusive
responsibility for all airport policing
services related to air travel security;
improve in-flight security measures; address
the potential threat posed by checked baggage,
packages, mail bags and cargo; and take
measures to deal with threats that may come
from inside airports or surrounding areas.
2002-2003 Fiscal Year
|
Commitee
|
Number of Sittings
|
Number of Hours
|
Number of Witnesses
|
Number of Reports
|
|
Aboriginal Peoples
|
30
|
54.8
|
94
|
3
|
|
Agriculture and Forestry
|
28
|
63.8
|
96
|
4
|
|
Banking, Trade and Commerce
|
37
|
76.3
|
128
|
14
|
Energy, Environment and
Natural Resources
|
30
|
46.8
|
81
|
9
|
|
Fisheries and Oceans
|
17
|
24.0
|
23
|
4
|
|
Foreign Affairs
|
28
|
47.4
|
83
|
5
|
|
Human Rights
|
14
|
22.3
|
31
|
3
|
Internal Economy, Budgets
and Administration
|
19
|
27.6
|
7
|
13
|
|
Legal and Constitutional Affairs
|
31
|
61.5
|
107
|
7
|
|
Library of Parliament (Joint)
|
3
|
2.2
|
3
|
-
|
|
National Finance
|
21
|
33.1
|
52
|
10
|
|
National Security and Defence
|
38
|
126.3
|
109
|
9
|
|
Subcommittee on Veterans Affairs
|
11
|
13.1
|
25
|
-
|
|
Official Languages (Joint)
|
18
|
33.2
|
43
|
6
|
|
Official Languages (Senate)
|
7
|
13.1
|
14
|
-
|
|
Rules, Procedures and Rights of Parliament
|
30
|
36.3
|
16
|
10
|
|
Scrutiny of Regulations (Joint)
|
10
|
15.6
|
15
|
3
|
|
Selection Committee
|
3
|
0.6
|
-
|
4
|
|
Social Affairs, Science and Technology
|
36
|
75.6
|
129
|
10
|
|
Special Committee on Illegal Drugs
|
19
|
49.7
|
92
|
2
|
|
Transport and Communications
|
23
|
26.8
|
42
|
5
|
|
Total
|
453
|
850.1
|
1,190
|
121
|
Appendix B is a brief description of the
mandate and membership of each standing, joint
and special Senate committee as of March 31,
2003.
Appendix C is a complete list of committee
reports. Most reports are available for
consultation or download at the Parliament of
Canada Web site (www.parl.gc.ca) under
"Committee Business."
|
