In the Canadian parliamentary system, much of the detailed legislative, financial, and investigative work is delegated to committees. These committees allow for more focused and thorough examination of issues, bills, and government operations than would be possible during debates in the House of Commons. The committee system also ensures greater participation of Members of Parliament (MPs) and, in some cases, Senators in the legislative process.
Types of Committees in the Canadian Parliament
There are three primary types of committees in the Canadian Parliament:
Committee of the Whole House:
This is essentially the entire House of Commons sitting as a committee. Historically, all bills were referred to the Committee of the Whole for detailed examination. However, this practice has diminished since the reform of the standing committee system in 1968. Today, the Committee of the Whole is used in specific cases, such as budgetary matters, and can provide a less formal environment for debating issues.
Standing Committees:
These are permanent committees established by the Standing Orders of the House of Commons. They have broad mandates to oversee specific areas of government policy, review bills, scrutinize departmental spending, and conduct investigations. Standing committees are central to the modern committee system, and most bills are referred to them for detailed examination rather than being debated in the Committee of the Whole.
There are currently 18 standing committees, each responsible for a specific policy area. For example, there are standing committees on Foreign Affairs, Finance, Health, National Defence, and Justice, among others. These committees handle bills and government estimates (budgetary items) related to their specific subject matter.
In addition to their legislative and financial roles, standing committees can conduct special investigations into matters within their area of jurisdiction. They can call witnesses, request documents, and consult with experts. These committees have the power to create sub-committees to focus on specific issues.
Special Committees:
These committees are formed on an ad hoc basis to address specific issues or inquiries that fall outside the usual scope of the standing committees. Special committees are typically established by a motion in the House of Commons, and their existence is temporary, lasting only as long as is necessary to complete their assigned task.
Special committees typically consist of up to 15 members, drawn from various parties, and are tasked with investigating particular issues, such as ethics in government or special policy matters. Once the committee has completed its work, it submits a report to the House and is dissolved.
Joint Committees: These are composed of members from both the House of Commons and the Senate. Standing joint committees are permanent and handle ongoing issues, such as the Standing Joint Committee on the Scrutiny of Regulations, which examines the delegated legislation made by government under the authority of Acts of Parliament. Joint committees serve to ensure cooperation between the two houses of Parliament in overseeing these matters.
Functions of Standing Committees
The standing committees in the House of Commons have three main functions:
Legislative Function:
Bill Review: One of the most important roles of standing committees is to review bills after they have passed the second reading in the House of Commons. After the second reading, where the principles of the bill are debated, the bill is referred to the appropriate standing committee based on its subject matter.
Clause-by-Clause Study: In committee, MPs engage in a detailed clause-by-clause examination of the bill. Members may propose amendments, which can be adopted by a majority vote in the committee. The committee’s version of the bill is then reported back to the House of Commons for further consideration during the report stage.
Committees play a critical role in shaping legislation by offering recommendations and amendments based on their in-depth study of the bill. Their work is often based on consultations with witnesses and experts who can provide specialized knowledge on the bill's subject matter.
Financial Function:
Scrutiny of Government Expenditures: One of the key responsibilities of standing committees is to examine the estimates of government departments before funds are voted on by Parliament. This involves reviewing the government’s spending proposals and ensuring that taxpayer money is being used effectively and efficiently. By examining departmental budgets, committees help improve government transparency and accountability.
Public Accounts Committee: A particularly important standing committee in the financial oversight of government is the Public Accounts Committee. Chaired by a member of the opposition, this committee is responsible for reviewing public expenditures after they have been incurred. In this task, the committee is assisted by the Auditor General, who provides independent assessments of how public funds have been used. The committee may summon government officials and department heads to provide testimony on any irregularities or inefficiencies identified by the Auditor General.
By scrutinizing government spending and identifying areas of concern, the standing committees play a crucial role in maintaining Parliament’s control over public finances.
Investigative Function:
Inquiries and Investigations:
Standing committees are empowered to conduct special investigations into issues relevant to their area of jurisdiction. These inquiries can be prompted by public concerns, parliamentary debates, or government initiatives. Committees may also be directed by the House of Commons to investigate specific matters.
Calling Witnesses: As part of their investigative work, committees can summon witnesses, including government officials, experts, and members of the public, to provide testimony on the matter under investigation. This helps committees gather a broad range of information and viewpoints before making recommendations to the House.
Reports and Recommendations:
After completing an investigation, committees submit reports to the House of Commons. These reports often contain recommendations for government action or policy changes. While committees do not have the power to enforce their recommendations, their reports can influence government decisions and prompt legislative or regulatory changes.
Committee Process
The process by which committees handle bills, estimates, and investigations typically follows a structured procedure:
Referral of Bills and Estimates:
After the second reading of a bill, or after the introduction of departmental estimates, the House of Commons refers the matter to the appropriate standing committee. The committee will then schedule meetings to study the bill or estimates in detail.
Calling of Witnesses and Expert Testimony:
Committees have the authority to call witnesses to testify on the matters before them. This can include government officials, experts in relevant fields, and members of the public or organizations affected by the legislation or policy under consideration.
Debate and Amendment:
Committee members engage in detailed debate on the bill, going through each clause to ensure that the language is clear, the policy goals are achievable, and unintended consequences are avoided. Proposed amendments are discussed and voted upon by the committee.
In the case of departmental estimates, committee members scrutinize the government’s spending plans and ask for clarifications from departmental representatives.
Reporting to the House:
Once the committee has completed its work, it prepares a report to submit to the House of Commons. If the committee is reporting on a bill, the report will include any amendments that the committee has approved. If the report is on estimates or an investigation, it will contain recommendations for further action.
House Consideration of the Report:
The House of Commons will review the committee’s report at the report stage of a bill’s passage. Further debate and amendments may occur before the bill moves on to the third reading. For estimates, the House may vote on budget allocations based on the committee’s recommendations.
Importance of the Committee System
The committee system is essential to the functioning of the Canadian Parliament. It allows for more detailed and focused study of legislation, government spending, and public policy than would be possible in full parliamentary sessions. It also provides a venue for MPs from all parties to contribute their expertise and engage in the legislative process.
Efficiency:
Committees relieve the House of Commons of much of the burden of detailed legislative and financial scrutiny. By breaking up the workload, committees allow Parliament to function more efficiently while ensuring that each issue is examined thoroughly.
Transparency and Accountability:
Committees play a crucial role in holding the government accountable. Through their investigations, reviews of government spending, and public hearings, they help ensure that the government operates in a transparent and accountable manner.
Non-Partisan Collaboration:
Committees, particularly those like the Public Accounts Committee, encourage collaboration across party lines. The chair of this committee is traditionally a member of the opposition, which ensures that government actions are scrutinized by both government and opposition MPs, fostering non-partisan oversight.
Conclusion
The committee system in Canadian Parliament is a vital mechanism for the detailed study of legislation, the oversight of government expenditures, and the investigation of public policy issues. Through their legislative, financial, and investigative functions, committees play a key role in ensuring the efficiency, accountability, and transparency of the parliamentary system. Their work helps to shape laws, scrutinize government activities, and hold the government accountable to the people of Canada.