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Parliament of Canada

2007 Schools Wikipedia Selection. Related subjects: Politics and government

   The Parliament of Canada (French: Parlement du Canada) is Canada's
   legislative branch, seated at Parliament Hill in Ottawa, Ontario.
   According to Section 17 of the Constitution Act, 1867, Parliament
   consists of three components: the Sovereign (la Couronne), the Senate
   (le Sénat), and the House of Commons (la Chambre des communes). The
   Sovereign is normally represented by the Governor General, who appoints
   the 105 members of the Senate on the recommendation of the Prime
   Minister. The 308 members of the House of Commons are directly elected
   by the people, with each member representing a single electoral
   district, frequently called a constituency or a " riding" in Canadian
   English.

   The lower house, the House of Commons, is the dominant branch of the
   Canadian Parliament. The upper house, the Senate, rarely opposes the
   will of the other Chamber, and the duties of the Sovereign and Governor
   General are largely ceremonial, as in theory he or she could refuse to
   sign a bill, and could dismiss the cabinet and call an election
   unprompted. The Prime Minister and Cabinet must retain the support of a
   majority of members of the Lower House in order to remain in office;
   they need not have the confidence of the Upper House.

History

   After Great Britain conquered it from France during the French and
   Indian War ( 1754– 1763), Canada (which then consisted mainly of the
   modern Province of Quebec) was governed under the Royal Proclamation of
   1763. This proclamation was superseded in 1774 by the Quebec Act, under
   which the power to make ordinances was granted to a Governor and
   Council, both appointed by the British sovereign. In 1791, the Province
   of Quebec was divided into the provinces of Upper Canada (which later
   became Ontario) and Lower Canada (which later became Quebec), each with
   an elected Legislative Assembly and an appointed Legislative Council.

   In 1841, the British Parliament united Upper and Lower Canada into a
   new colony, called the Province of Canada. A single legislature,
   consisting of an elected Legislative Assembly and an appointed
   Legislative Council, was created. The assembly's eighty-four members
   were equally divided between the former provinces of Upper and Lower
   Canada, though the latter had a higher population. The British
   government, through the royally-appointed Governors, still exercised
   considerable influence over Canadian affairs. This influence was
   reduced in 1848, when the province was granted responsible government.
   Montreal Parliament after the fire
   Enlarge
   Montreal Parliament after the fire

   In 1849, the Parliament of Canada, which had been transferred from
   Kingston to Montreal in 1843, burnt down. The fire was due to a riot
   led by the Tories that was a consequence of a series of tensions
   between francophones and anglophones, as well as an economic
   depression. In 1857, the Parliament was finally moved to Ottawa, after
   a few years of alternating between Toronto and Quebec.

   The modern-day Parliament of Canada, however, did not come into
   existence until 1867. In that year, the British Parliament passed the
   British North America Act 1867, uniting the Province of Canada (which
   was separated into Quebec and Ontario), Nova Scotia, and New Brunswick
   into a single federation, called the Dominion of Canada. The new
   Canadian Parliament consisted of the Queen (represented by the Governor
   General), the Senate and the House of Commons. An important influence
   was the American Civil War, which had just concluded, and had indicated
   to many Canadians the faults of the federal system as implemented in
   the United States. In part because of the Civil War, the American
   model, with relatively powerful states and a less powerful federal
   government, was rejected. The British North America Act limited the
   powers of the provinces, providing that all subjects not explicitly
   delegated to them remain within the authority of the federal
   Parliament. Yet it gave Provinces unique powers in certain agreed-upon
   areas of funding, and that division still exists today.

   The British North America Act 1867 granted the Parliament significant
   powers, but with several restrictions. Most notably, the British
   Parliament remained supreme over Canada, and no Canadian act could in
   any way abrogate a British one. Furthermore, the United Kingdom
   continued to determine the foreign policy of the entire British Empire.

   Greater autonomy was granted by the British Parliament's Statute of
   Westminster 1931. Though the Statute allowed the Parliament of Canada
   to repeal or amend British laws (with respect to their application in
   Canada), it did not permit the abrogation of Canada's constitution,
   including the British North America Acts. Hence, whenever a
   constitutional amendment was sought by the Canadian Parliament, the
   enactment of a British law became necessary. Still, the Parliament of
   the United Kingdom did not unilaterally impose amendments on the
   Canadian federation, only acting when requested to do so by the
   Canadian Parliament. The Parliament of Canada was granted limited power
   to amend the constitution by a British Act of Parliament in 1949, but
   it was not permitted to affect the powers of provincial governments,
   the official positions of the English and French languages, or the
   five-year term of Parliament.

   The Parliament of Canada last requested the Parliament of the United
   Kingdom to enact a constitutional amendment in 1982, when the Canada
   Act 1982 was requested and passed. The Act ended the power of the
   British Parliament to legislate for Canada, and the authority to amend
   the constitution was transferred to Canadian legislative authorities.
   Most amendments require the consent of the Canadian Senate, the
   Canadian House of Commons, and the Legislative Assemblies of two-thirds
   of the provinces representing a majority of the population. The
   unanimous consent of provincial Legislative Assemblies is required for
   certain amendments, including those affecting the Queen, the Governor
   General, provincial Lieutenant Governors, the official positions of the
   English and French languages, the Supreme Court of Canada, and the
   amending formulas themselves.

Composition

   The present Queen of Canada is Elizabeth II(2).
   Enlarge
   The present Queen of Canada is Elizabeth II(2).
   The Chamber of the House of Commons is decorated in green, and that of
   the Senate in red, following the tradition of the British Parliament.
   Enlarge
   The Chamber of the House of Commons is decorated in green, and that of
   the Senate in red, following the tradition of the British Parliament.

   The Queen of Canada (in French la Reine) (presently Her Majesty Queen
   Elizabeth II) is one of the three components of Parliament. The
   monarch's functions are customarily delegated to the Governor General
   (presently Her Excellency The Right Honourable Michaëlle Jean), who is
   appointed on the advice of the Canadian Prime Minister. Governors
   General serve at the Queen's pleasure, but normally for a term of
   approximately five years. Though the Queen and Governor General have
   vast powers in theory, they rarely exercise them in practice. Rather,
   both perform ceremonial duties, exercising political powers only on the
   advice of the Prime Minister and Cabinet.

   The entirely appointed Upper House of Canada's Parliament is the Senate
   (in French, le Sénat). Though they are meant to represent the
   provinces, senators are selected by the Prime Minister, and are
   formally appointed by the Governor General. To become a senator, one
   must be at least thirty years old, must be a subject of the Queen, and
   must own property with a net worth of at least $4,000. The senator must
   reside and own land worth at least $4,000 in the province he or she is
   meant to represent. Senators formerly life, but, since 1965, leave the
   Senate at the age of seventy-five. Senators may resign their seats, and
   lose their positions if they fail to attend two consecutive sessions of
   Parliament.

   The constitution groups Canada's provinces into four divisions, each
   with an equal number of senators: twenty-four for Ontario; twenty-four
   for Quebec; twenty-four for the Maritime Provinces (ten for Nova
   Scotia, ten for New Brunswick, and four for Prince Edward Island); and
   twenty-four for the Western Provinces (six each for Manitoba, British
   Columbia, Saskatchewan, and Alberta). Newfoundland and Labrador, which
   became a province only in 1949, is not assigned to any division, and is
   represented by six senators. Furthermore, the three territories (the
   Northwest Territories, the Yukon, and Nunavut) are allocated one
   senator each. Hence, the Senate normally consists of 105 members. The
   Governor General, however, may temporarily increase the size of the
   Senate by summoning an additional four or eight senators, provided the
   approval of the Queen is secured. Canada's four "divisions" must remain
   equally represented. This power has only been employed once in Canadian
   history: on the advice of Prime Minister Brian Mulroney in 1990 to
   ensure the passage of a bill creating the Goods and Services Tax. There
   may be no more than eight additional senators at any time (making the
   maximum size of the Senate 113).

   Parliament's democratically elected component is the House of Commons
   (in French, la Chambre des communes). Each member represents a single
   electoral district (or "riding"), and is elected in that district by
   the simple plurality voting system. They must be Canadian citizens and
   at least 18 years old. Members hold office until they resign or
   Parliament is dissolved, and can be reelected any number of times.

   The constitution does not fix the size of the House of Commons, which
   is re-adjusted every ten years after a census. The House must consist
   of at least 282 seats, of which three are reserved for the territories.
   The remaining 279 seats are assigned to the provinces based on their
   populations. However, the "senatorial clause" guarantees each province
   at least as many Members of Parliament as senators. Furthermore, the
   "grandfather clause" guarantees each province at least as many Members
   of Parliament as it had in 1976 or in 1985. Because of these two
   clauses, the size of the House of Commons exceeds the minimum (282). At
   present, the House includes 308 members.

   No individual may serve in more than one House of Parliament. Members
   of the House of Commons are commonly called "Members of Parliament" or
   "MPs"; this term is never applied to senators, even though the Senate
   is a part of Parliament. Though less powerful, senators occupy higher
   positions than Members of Parliament in the order of precedence.

Procedure

   Each of the two Houses is presided over by a Speaker. The Speaker of
   the Senate is a senator selected by the Prime Minister and formally
   appointed by the Governor General. The Speaker of the House of Commons,
   on the other hand, is elected by his fellow members. In general, the
   powers of the Speaker of the House are much greater than the powers of
   the Speaker of the Senate. Following the British model, the upper House
   is more or less self-regulating, whereas the Lower House is controlled
   from the chair. In 1991, however, the powers of the Speaker of the
   Senate were expanded, moving his or her position closer to that of the
   Speaker of the House.

   The constitution establishes the quorums of both Houses. The quorum is
   fifteen senators in the Upper House and twenty members in the Lower
   House. In each House, the Speaker is counted when ascertaining the
   presence of a quorum.

   Both Houses may determine motions by voice vote; the presiding officer
   puts the question, and, after listening to shouts of "Yea" and "Nay"
   from the members, announces which side is victorious. The decision of
   the Speaker is final, unless a recorded vote is demanded by members of
   the House (at least two senators or at least five members of the House
   of Commons). Members in both Houses vote by rising in their places to
   be counted. In the Senate, the Speaker is allowed to vote (though he or
   she does not often do so, in the interests of maintaining
   impartiality), and if there is no majority, the motion is defeated. In
   the House, however, the Speaker may not vote, unless there is a tie.
   Moreover, the Speaker customarily votes in favour of the status quo.
   Although it parliamentary tradition for the Speaker to vote for the
   status quo, he is bound only by custom. For example, during the 2005
   budget vote, which was considered a vote of confidence, the Speaker of
   the House cast the tie-breaking vote and voted in favour of the budget.

Term

   After a general election, the Governor General (acting on the advice of
   the Prime Minister) formally issues a proclamation summoning
   Parliament. On the day indicated by the proclamation, the members of
   the two Houses assemble in their respective chambers. The ceremony
   observed at this time is similar to that observed in the British
   Parliament. Having assembled, the Commons are summoned to the Senate
   Chamber, where they are instructed to elect a Speaker. The Commons
   return to their chamber, elect a Speaker, and then adjourn.

   On the next day, the formal opening of Parliament occurs. The Usher of
   the Black Rod, an official of the Senate, formally summons the Commons
   to the Senate. The Commons process to the Bar of the Senate, but do not
   enter the Senate Chamber itself. The Speaker of the House then presents
   himself to the Monarch or the Governor General (who takes his or her
   seat on the Throne in the Senate Chamber), formally claiming the rights
   and privileges of the House of Commons. The Speaker of the Senate then
   replies, acknowledging, on the behalf of the Governor General, the
   privileges of the House of Commons. With the members of the House of
   Commons remaining at the Bar, and with the senators seated in the
   Senate Chamber, the Monarch or the Governor General (seated on the
   Throne) delivers an address known as the Speech from the Throne. In it,
   he or she outlines the program of the Government for the upcoming
   legislative session. The speech is actually written by the ministers
   and not the Crown.

   A session of Parliament, having been formally opened, continues until a
   "prorogation" brings about its conclusion. Prorogation is generally
   achieved by a proclamation of the Governor General, again issued on the
   advice of the Prime Minister. No special prorogation ceremony, however,
   needs to be observed. Having been prorogued, each House does not
   conduct any further business until the Governor General issues another
   proclamation for a new session. The procedures described above are used
   at the beginning of such a session, except that a new Speaker need not
   be elected and the privileges of the House of Commons need not be
   claimed again.

   Each Parliament, after a number of sessions, comes to an end, usually
   by a "dissolution." A dissolution is effected by the Governor General,
   who, however, acts on the advice of the Prime Minister. Because a
   general election follows, the timing of a dissolution is usually
   politically motivated, with the Prime Minister selecting the moment
   most advantageous to his or her political party. A dissolution,
   however, may also become necessary if the Prime Minister's support in
   the House of Commons collapses. Dissolution is not the only method by
   which a Parliament may be brought to an end: parliamentary terms expire
   five years after they begin. In the history of Canada, however, no
   Parliament has been allowed to "expire".

   After each Parliament ends, whether by dissolution or by effluxion of
   time, members of the House of Commons face general elections, but
   senators continue in office. Each body that assembles following an
   election is considered a separate Parliament; thus, the body which
   assembled in 2004 is known as the Thirty-Eighth Parliament.

Legislative functions

   Laws, in draft form known as bills, may be introduced by any member of
   either House, but are most often introduced by Ministers of the Crown,
   and are known as Government Bills. Bills introduced by members who are
   not Ministers are known as Private Members' Bills (in the case of the
   House of Commons) or as Private Senators' Bills (in the case of the
   Senate). Bills may also be categorised as Public Bills (if they apply
   to the general public) or as Private Bills (if they particularly
   concern a person or a limited group of persons).

   Each bill goes through a number of stages in each House. The first
   stage, known as the first reading, is purely formal. At the ensuing
   second reading, the general principles of the bill are debated; though
   a rejection is possible, it is not common in the case of Government
   Bills.

   Next, the bill is sent by the House in question to one of several
   different committees. Most often, the bill is committed to a Standing
   Committee, a body of members or senators which specialises in a
   particular subject (such as foreign affairs). The committee may examine
   witnesses, Ministers, and experts, debate the bill, and recommend
   amendments. The bill may also be committed to the Committee of the
   Whole, a body which consists, as the name suggests, of all the members
   of the House in question. Finally, the bill could be referred to an ad
   hoc committee established solely to review the piece of legislation in
   question. Each chamber has their own procedure for dealing with this,
   with the Senate establishing special committees, which function like
   most other committees, and the House of Commons establishing
   Legislative Committees. A Legislative Committee is an ad hoc committee
   established to consider a piece of legislation, but the Chair is
   appointed by the Speaker of the House of Commons, and is normally one
   of his deputies. The Senate has no procedure for Legislative
   Committees. Whichever committee is used, any amendments proposed by the
   committee are considered by the whole House in the Report Stage.
   Furthermore, additional amendments not proposed by the committee may
   also be made.

   After the Report Stage (or, if the committee made no amendments to the
   bill, immediately after the Committee Stage), the final stage of the
   bill—the third reading—occurs. Further amendments are not permitted in
   the House of Commons, but are allowed in the Senate. If it passes the
   third reading, the bill is sent to the other House, where it passes
   through the same stages. Amendments made by the second House require
   the assent of the original House in order to stand part of the final
   bill. If, however, one House passes amendments that the other will not
   agree to, and the two Houses cannot resolve their disagreements, the
   bill fails.

   Finally, if the bill is passed in identical form by both Houses, it is
   presented for the Royal Assent. In theory, the Governor General has
   three options: he or she may grant the Royal Assent (making the bill
   law), withhold the Royal Assent (vetoing the bill) or reserve the bill
   for the Signification of the Queen's Pleasure (allowing the Sovereign
   to personally grant or withhold Assent). If the Governor General does
   grant the Royal Assent, the Sovereign may, within two years, "disallow"
   the bill, thereby annulling the law in question. By modern
   constitutional convention, however, the Royal Assent is always granted,
   and bills are never disallowed.

   In conformity with the British model, only the House of Commons may
   originate bills for the imposition of taxes or for the appropriation of
   public funds. Otherwise, the theoretical power of both Houses over
   bills is equal, with the assent of each being required for passage. In
   practice, however, the House of Commons is the dominant chamber of
   Parliament, with the Senate rarely exercising its powers in a way that
   opposes the will of the democratically elected House.

Relationship with the Government

   The Parliament of Canada, Ottawa, Ontario.
   Enlarge
   The Parliament of Canada, Ottawa, Ontario.

   The Canadian Government is answerable to the Lower House of Parliament,
   the House of Commons. However, neither the Prime Minister nor members
   of the Government are elected by the House of Commons. Instead, the
   Governor General requests the person most likely to command the support
   of a majority of the House of Commons (usually the leader of the party
   with the greatest number of seats in that House) to form a government.
   If no party holds a majority, it is customary to appoint a minority
   government rather than a coalition government. The Prime Minister then
   selects the members of the Cabinet, who are then formally appointed by
   the Governor General.

   So that they may be accountable to the Lower House, the Prime Minister
   and most members of the Cabinet are members of the House of Commons
   instead of the Senate. If the leader of the largest party is not a
   member of the House of Commons, then he or she, by constitutional
   convention, seeks election to that House at the earliest possible
   opportunity. Normally, a junior member of Parliament who holds a safe
   seat resigns to allow the Prime Minister to enter the House of Commons.

   The House of Commons, not the Senate, is the responsible House of
   Parliament, meaning that the Government is answerable to it alone. It
   controls the executive by passing or rejecting its Bills and by forcing
   Ministers of the Crown to answer for their actions, for example during
   " Question Period," when the Ministers are obliged to answer questions
   posed by members. The Lower House may attempt to bring down the
   Government by rejecting a Motion of Confidence or by passing a Motion
   of No Confidence. Confidence Motions are generally originated by the
   Government in order to reinforce its support in the House, whilst No
   Confidence Motions are introduced by the Opposition. Important bills
   that form part of the Government's agenda are generally considered
   matters of confidence. Furthermore, the confidence of the House of
   Commons is deemed to have been withdrawn if that House "withdraws
   Supply," that is, rejects the Budget.

   Where a Government has lost the confidence of the House of Commons, the
   Prime Minister is obliged to either resign (allowing the Governor
   General to appoint the Leader of the Opposition to the office), or seek
   the dissolution of Parliament and a new general election. A precedent,
   however, was set in 1968, when the Government of Lester Bowles Pearson
   unexpectedly lost a confidence vote, but was allowed to remain in power
   with the mutual consent of the leaders of the other parties. Though the
   Governor General is theoretically permitted to refuse to dissolve
   Parliament, it is highly improbable that he or she would do so.

   In practice, the House of Commons' scrutiny of the Government is very
   weak. Since the First-Past-the-Post electoral system is employed in
   elections, the governing party tends to enjoy a large majority in the
   Commons; there is often limited need to compromise with other parties.
   Modern Canadian political parties are so tightly organised that they
   leave relatively little room for free action by their MPs. In many
   cases, MPs may be expelled from their parties for voting against the
   instructions of party leaders. Thus, defeats of majority governments on
   issues of confidence are very rare. The last Prime Minister to lose a
   confidence vote was Paul Martin in 2005. Prior to this, the last Prime
   Minister to lose a confidence vote was Joe Clark in 1979.

Powers

   The powers of the Parliament of Canada are limited by the constitution,
   which divides legislative powers between the federal and provincial
   governments. In general, provincial Legislatures may only pass laws
   relating to topics explicitly reserved for them by the constitution,
   such as education, provincial officers, municipal government,
   charitable institutions, and "matters of a merely local or private
   nature." Under the constitution, any matter not under the exclusive
   authority of the provincial Legislatures is within the scope of
   Parliament's power. Thus, Parliament alone can pass laws relating to,
   amongst other things, the postal service, the census, the military,
   navigation and shipping, fishing, currency, banking, weights and
   measures, bankruptcy, copyrights, patents, Indians, and naturalization.
   In some cases, however, the powers of Parliament and the Legislatures
   seem to overlap. For instance, Parliament regulates marriage and
   divorce in general, but the solemnization of marriage is regulated only
   by the Legislatures. Other examples include the powers of both
   Parliament and the Legislatures to impose taxes, borrow money, punish
   crimes, and regulate agriculture.

   The powers of the Canadian Parliament are also limited by the Canadian
   Charter of Rights and Freedoms. Most of the provisions of the Charter
   may be overridden by an Act which includes a notwithstanding clause.
   Such a provision, however, has never been used by Parliament, though it
   has been employed by provincial Legislatures. Laws violating the
   Charter, as well as laws violating other parts of the constitution, are
   invalid, and may be ruled unconstitutional by the courts.

Privileges

   The Parliament of Canada possesses a number of privileges, known
   together as parliamentary privilege. Each House is the guardian of its
   own privileges, and may punish breaches thereof. Parliament itself
   determines the extent of parliamentary privilege, but the constitution
   bars it from conferring any privileges "exceeding those at the passing
   of such Act held, enjoyed, and exercised by the [British House of]
   Commons … and by the Members thereof."

   The foremost privilege held by both Houses is that of freedom of speech
   in debate: nothing said in either House may be questioned in any court
   or other institution outside Parliament. In particular, a member of
   either House cannot be sued for slander based on speeches made in the
   course of parliamentary proceedings. The only restraints on debate are
   placed by the Standing Orders (or rules) of the two Houses themselves.
   Another privilege of individual members is that of freedom from arrest
   in civil cases (but not for allegedly criminal actions). Members of
   both Houses are also privileged from jury service and attendance of
   courts as witnesses.

   Each House, furthermore, possesses privileges as a body, including the
   privilege of determining its own internal affairs and the privilege of
   disciplining its members for disobeying its rules. Furthermore, each
   House may punish contempt of Parliament (that is, disobedience of its
   authority, for example by giving false testimony before a parliamentary
   committee) and breaches of its own privileges.

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