Profile of Senate Committees
(November 1999)
Overview and Comments on the Effectiveness of Senate Committees
Origin and Establishment of Committees
Membership and Mandates
Provincial Representations to Senate Committees
Administrative, Procedural and Research Support for Committees
Committees and Private Legislation Directorate
Law Clerk and Parliamentary Counsel
Publications of Committees Directorate
Definitions of Parliamentary Terms
A major and significant portion of the Senate's work is carried out in its standing and special committees, as well as in its subcommittees. Many of the special studies and subsequent reports of Senate committees have been lauded and have reflected favourably on the Senate.
Senators themselves have stated that their greatest satisfaction in the Senate has often been derived from their participation in committee work.
The information in the present document is intended to assist Senators, journalists, the academic community, and the general public in becoming more familiar with Senate committees, their role, and effectiveness.
Comments on the Effectiveness of Senate Committees
"A considerable part of the Senate's functions is performed in Committee and ... in many cases what happens in the Chamber is only a preparation for, or a consummation of, what is accomplished in the Committee room." (Kunz, The Modern Senate of Canada, p. 233)
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"Since the late 1950's numerous Senate committees have investigated different social and policy questions. ... These investigations are usually of a higher standard than those by committees of the House of Commons. Reasons for the differences include: first, many extremely able and experienced Canadians sit in the Senate and contribute to this investigative work; second, investigations by the Senate are usually non-partisan; third, Senate investigations do not suffer from excessive exposure in the media; fourth, Senators have the time and leisure to conduct diligent research and exhaustive analysis; and fifth, investigators can work on for many years, immune from the vagaries and demands of the electoral process. The work procedures of Senate committees are far better than those of the House, and ensure that witnesses are given the time to present their case, and are questioned carefully." (Franks, The Parliament of Canada, pp.189-90)
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"Some committees have been of the highest quality and importance throughout the years, but precisely because of its nature, the work often escapes public notice." (Kunz, The Senate as a Parliamentary Institution, p. 5.)
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"The (Senate) committees which do important and acclaimed work are those which are composed of specialists who engage in cross bench influence and non-partisan behaviour". (Jackson, "Reforming an Unreformed and Unreformable Senate" in Senate Committees in the Post Referendum Parliament, p. 10)
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"A number of our witnesses have noted the achievements of the current Senate in the investigation of policy issues. These also receive special mention in the federal government's proposal, which applauds the work of Senate committees in the investigation of policy issues. In our view this function, as is the case with legislative review, is directly related to the basic role of the Senate. Committee investigations, in both Houses, are an indispensable means for identifying and representing the concerns of Canadians." (Report of the Special Joint Committee on a Renewed Canada) (Beaudoin-Dobbie)
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"The measure of a committee's effectiveness is the extent of its influence on the actions or behaviour of the Government. But, since committees lack power, their impact has to come through offering advice or criticism. There is no simple scale for measuring influence or impact." (Report of the House of Commons Liaison Committee on Committee Effectiveness, paras. 39,40)
Origin and Establishment of Committees
Committees have been part of the Senate since its inception, and as early as March 29, 1894 a rule was adopted which listed ten standing committees and established the the number of members to be appointed to each one. The committees included: Standing Orders; Debates and Reporting; and Divorce all with nine Senators; Banking and Commerce; Railways, Telegraphs and Harbours; Miscellaneous Private Bills; and Internal Economy and Contingent Accounts, all with 25 Senators.
In 1968 a major restructuring of committees took place with some being renamed and new ones created. It was agreed that there be three standing joint committees and eight standing committees. The standing committees included: Standing Rules and Orders; Internal Economy and Contingent Accounts; Foreign Affairs; National Finance; Transport and Communications; Legal and Constitutional Affairs; Banking, Trade and Commerce; and Health Welfare and Science. In October 1983 the size of most standing committees was reduced from 20 to 12 members and their quorums reduced from five to four. Two committees -- Privileges, Standing Rules, and Orders, and Internal Economy, Budgets, and Administration -- have 15 members. At the present time there are 12 standing committees, as well as 3 joint committees with the House of Commons. The Senate can also decide to establish special (ad hoc) committees to examine a particular matter.
At the beginning of each session of Parliament a Committee of Selection is appointed with responsibility for nominating a Senator to preside as Speaker pro tempore and the Senators to serve on the standing committees. Each committee, however, selects its own Chair and deputy Chair.
Finally, it should be noted that the Senate may sit in Committee of the Whole, which is composed of all Senators and meets in the Senate Chamber, to examine bills or other matters. The Speaker pro tempore, acting as the Chair of the Committee of the Whole, presides over its meetings. In Committee of the Whole Senators address the Chair rather than each other, as is the case in debates.
Most of the standing committees consist of twelve members, with four members constituting a quorum. However, some standing committees, because of the nature of their responsibilities, do have a greater number of members. In addition, the Leader of the Government and the Leader of the Opposition are ex officio members of all select committees, in addition to the other members.
Members are appointed to committees for the duration of a session and change in committee membership must be made by the Leader of the Government and of the Opposition for their respective parties, who informs the Clerk of the Senate and the clerk of the committee. In practice this responsibility is delegated to the Whips. It should, however, be noted that a Senator who is not a member of a committee can participate in its deliberations, but may neither vote nor be counted in the quorum.
Standing committees examine bills and may carry out special studies, but in both cases they cannot act before having received an order of reference from the Senate. A committee may establish a subcommittee and delegate it to carry out a mandate that has been assigned to the committee. Once an order of reference has been received, the committee may organize its work as it deems fit.
The committee may invite government ministers and officials to appear before it, as well as experts and other interested parties. The committee may propose amendments to a bill in its report or make recommendations on a matter that it has studied.
In addition to studying bills following second reading, Senate committees may be assigned a bill for pre-study. This is the examination of the subject matter of a bill before it has been passed by the House of Commons or been given second reading in the Senate.
Two standing committees have permanent orders of reference, allowing them to undertake their work without waiting for a specific order of reference from the Senate. These two committees are the Committee on Privileges, Standing Rules, and Orders; which is responsible for proposing amendments to the rules of the Senate, examining questions of privilege and considering the orders and customs of the Senate and privileges of Parliament; and the Committee on Internal Economy, Budgets, and Administration; which is responsible for financial and administrative matters relating to the internal management of the Senate.
Committees are assigned regular meeting times and may not meet while the Senate is sitting, unless given special permission to do so. All committee meetings are public, except when the Committee is considering certain issues as outlined in the Rules of the Senate (Rule 92). Public notice must be given before a meeting may be held.
A quorum is required for a vote or any decision taken by a committee, and a tie-vote is considered a rejection of the motion before the committee. The Chair of a committee has a vote. Members must address the Chair when speaking in committee, and a seconder is not required for a motion presented in committee. A committee may not adopt any special procedure that is inconsistent with the practices and usages of the Senate, without the approval of the Senate.
Provincial representations to Senate committees
Appendix I of the Rules of the Senate provides that as a general practice a Senate committee should invite a province or territory to make written or verbal representations to it when, in the opinion of the committee, the bill or subject matter of a bill that it is considering is of special interest to that province or territory.
Administrative, Procedural, and Research Support for Committees
Committees and Private Legislation Directorate (990-0088)
Administrative and procedural support to committees is provided by the Committees Directorate. The Directorate, located on the 10th floor of the Chambers Building (40 Elgin Street), assigns a clerk to each committee. The clerk helps ensure the proper functioning of the committee and provides administrative, procedural, and information-related support to the committee
Research support for committees is usually provided by the Research Branch of the Library of Parliament (996-3942) at no direct cost to the committees. The Library of Parliament has a professional team of researchers specializing in economics, law and government, political and social affairs, and science and technology. Committees may also hire independent researchers from outside Parliament.
Law Clerk and Parliamentary Counsel (992-2416)
The Law Clerk's office, located on the 13th floor of the Chambers Building, provides legal and procedural advice to Senators in amending and drafting legislation and motions.
The Senate Debates Service, located on the 9th floor of the Chambers Building, is responsible for recording and producing proceedings of the committees.
The Senate Journals Service (Room 663-S, Centre Block) publishes, in the Journals of the Senate, changes in the membership of committees, the titles of committee reports presented or tabled in the Senate, and the orders of reference given to committees.
Each committee is responsible for preparing a budget and must seek the approval of the Senate for it to cover items such as committee travel, working meals, registration fees for conferences, and the hiring external consultants.
It should, however, be noted that a number of administrative expenditures incurred by committees do not come from the budgets of individual committees but are covered by the Committees Directorate, the Senate or other departments of Government. This is the case for items such as salaries for committee clerks, researchers from the Library of Parliament, translation and interpretation services, and the printing of committee proceedings.
Publications by the Committees and Private Legislation Directorate
In order to assist Senators in carrying out their duties and to better inform all interested parties about the activities of the Senate and its committee, the Committees and Private Legislation Directorate has produced the following publications:
- Annual Report of Senate Committee Activities and Expenditures;
- Major Legislative and Special Study Reports by Senate Committees 1962-1993;
- Introductions to individual standing committees;
- Guide for Witnesses Appearing before Senate Committees;
- Petitioner's Guide to Private Bills;
- Legislative Guide and Historical Overview of the Senate of Canada;
- The Canadian Senate in Focus 1867-1993;
- The Committees of the Senate of Canada: An Introductory Guide;
- Activities of Senate Committees;
- Appearances by Public Servants before Senate Committees;
- Fundamentals of Senate Committees; and
- Be Informed - The Role of Senate Committees in Formulating Public Policy.
Reports of Senate committees are also available from the Committees Directorate, and additional information relating to Senate committees can also found on the Parliamentary Internet at www.parl.gc.ca.
Definitions of Parliamentary Terms
Amendment: An alteration proposed to a motion, a stage or clause of a bill, or to a committee report. It may attempt to present an improved formulation of the proposition under consideration or to provide an alternative to it.
Ex officio: Means by virtue of the office. For example, in the Senate, the Leader of the Government and the Leader of the Opposition are members ex officio of all standing Senate committees.
Joint Committee: A committee composed of members of the Senate and of the House of Commons.
Pre-study: A procedure by which the Senate refers a bill for study by a committee while the bill is still before the House of Commons or the Senate. In this procedure, the committee is given an order of reference to examine the subject matter of the bill as distinct from the bill itself.
Quorum: The number of Senators required to transact business. In the Senate, fifteen Senators, including the Speaker, constitute a quorum. In committees, four members, including the Chair, constitute a quorum.
Select Committee: A committee composed of less than the whole body of Senators and includes both a standing and a special committee.
Session: One of the fundamental periods into which a Parliament is divided, usually consisting of a number of separate sittings. Sessions are begun by a Speech from the Throne and are ended by prorogation.
Sitting: In the Senate means all the time between the end of prayers and the adoption of a motion to adjourn the Senate.
Special Committee: A select committee, other than a standing committee, appointed to consider certain matters and to report thereon to the Senate.
Standing Committee: A select committee appointed to consider and to report to the Senate on matters falling within the duties specifically assigned to it by the Rules of the Senate, and on other matters that may be referred to it by the Senate.
Subcommittee: A subcommittee is composed of not more than half the members of the a select committee, three of whom shall constitute a quorum. A select committee may delegate its power to a subcommittee, except the power to report to the Senate.
For additional information on parliamentary terminology please consult the Rules of the Senate and A Glossary of Parliamentary Procedure, (House of Commons, Second Edition, June 1997). Both these documents are available on the Parliamentary Internet at www.parl.gc.ca.
