• General information
• Electoral system
• Last elections
• Election archive
• Presidency
• Mandate
• Oversight
• Specialized bodies
• Full text

This page contains the full text of the PARLINE database entry on the selected parliamentary chamber, with the exception of Oversight and Specialized bodies modules which, because of their excessive length, can be only viewed and printed separately.

Parliament name Parliament of Canada - Parlement du Canada More photos  >>> Structure of parliament Bicameral Chamber name House of Commons Related chamber (for bicameral parliaments) Senate Affiliation to the IPU Yes Affiliation date(s) 1900 -1933 1960 - LEADERSHIP President Andrew Scheer (M)  Notes Elected on 2 June 2011. Secretary General Audrey O'Brien (F)  COMPOSITION Members (statutory / current number) 308 / 307 PERCENTAGE OF WOMEN More statistics  >>> Women (current number) 76 (24.76%) Mode of designation directly elected 308 Term 4 years Subject to an earlier dissolution of Parliament, a general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election. Last renewal dates 2 May 2011 (View details) CONTACT INFORMATION Address Parliament of Canada International and Interparliamentary Affairs OTTAWA, Ontario, K1A 0A6 (Export mailing lists) Phone 1-613-943-5959 Fax 1-613-947-0792 E-mail iiad@parl.gc.ca Website http://www.parl.gc.ca

Parliament name Parliament of Canada - Parlement du Canada Structure of parliament Bicameral Chamber name House of Commons Related chamber (for bicameral parliaments) Senate LEGAL FRAMEWORK Electoral law 1 September 2000 Mode of designation directly elected 308 Constituencies 308 single-member constituencies : - 106 members from Ontario - 75 from Québec - 36 from British Columbia - 28 from Alberta - 14 each from Manitoba and Saskatchewan - 11 from Nova Scotia - 10 from New Brunswick - 7 from Newfoundland and Labrador - 4 from Prince Edward Island - 1 from the Northwest Territories - 1 from Nunavut - 1 from Yukon Voting system Majority: Simple majority vote (single-member plurality system, first past the post) A general election must be held on the third Monday in October in the fourth calendar year following polling day for the last general election. Vacancies arising between general elections are filled through by-elections. Voting is not compulsory. Voter requirements - age: 18 - Canadian citizenship - residence in Canada; non-residents (except diplomats, armed forces personnel or other government officials abroad) cannot have been absent for more than 5 years - disqualifications: corrupt or illegal practices, Chief and Assistant Chief Electoral Officer CANDIDATES Eligibility - qualified electors - age: 18 - Canadian citizenship - residence in Canada; non-residents cannot have been absent for more than five consecutive years - ineligibilities: electoral fraud, conviction for corrupt or illegal election practices (for five to seven years), for candidates in the previous election, failure to file an election finance report Incompatibilities - certain public and election officers - members of provincial legislatures - judges Candidacy requirements - the names, addresses and signatures, provided in the presence of a witness, of at least 100 electors resident in the electoral district (50 electors in sparsely populated districts) - the closing day for nominations is on Monday, the 21st day before polling day. - mandatory deposit (1,000 Canadian dollars) accompanying the nomination; full amount of deposit is reimbursed if required financial reports are submitted within specified time after election day. Candidates who have obtained at least 10 per cent of the valid votes cast within their electoral districts are entitled to a partial reimbursement of their paid expenses and their paid personal expenses.

Parliament name Parliament of Canada - Parlement du Canada Structure of parliament Bicameral Chamber name House of Commons Related chamber (for bicameral parliaments) Senate BACKGROUND Dates of election / renewal (from/to) 2 May 2011 Timing and scope of renewal Elections were held for all members of the House of Commons following the premature dissolution of this body on 26 March 2011. General elections had been held previously in October 2008. On 25 March 2011, Prime Minister Stephen Harper's Government lost a no-confidence vote in the House of Commons. The following day, he asked Governor General David Johnston to dissolve the House in view of early elections, set for 2 May. They were constitutionally due by October 2012. Prime Minister Harper came to power following the 2006 federal elections, ending a 12-year period of government led by the Liberal Party. In the subsequent elections held in October 2008, his Conservative Party increased its share from 124 to 143 seats, but still failed to win a majority in the 308-member House of Commons. Three opposition parties - the Liberal Party,?the Bloc Québécois (BQ) and the New Democrats (NDP) - took 76, 50 and 37 seats respectively. Two independent candidates were also elected. In December 2008, the Liberal Party and the NDP submitted a no-confidence vote against the Prime Minister, criticizing his handling of the economic crisis. At the request of Prime Minister, Parliament was suspended by the Governor General until 26 January, so the no-confidence vote did not take place. In December 2009, Parliament was once again prorogued until March 2010. The opposition parties accused the Prime Minister of trying to avoid parliamentary debate on allegations of torture of prisoners handed over by Canadian soldiers to the authorities in Afghanistan. In November 2010, the House Finance Committee asked the government to provide corporate-tax revenue projections and estimates for crime bills. The government replied that both items were "cabinet confidences" and declined to provide further information. Liberal Party leader Michael Ignatieff stated that the Liberals would oppose the tax cuts scheduled for 2011 and 2012. On 1 January 2011, the corporate tax cut, lowering the rate from 18 to 16.5 per cent, took effect. On 3 February, the House Finance Committee stated that the government had possibly breached parliamentary privilege by refusing to disclose details of the tax-revenue and crime bills. On 17 February, the government submitted details, which opposition parties considered insufficient. A Liberal MP subsequently asked Speaker Peter Milliken (Liberal Party) to rule on whether the government was in contempt of Parliament. On 7 March, the Speaker referred the matter to the Procedure and House Affairs Committee. On 21 March, the latter found the government to be in contempt of Parliament by withholding information about the crime bill. On 22 March, the opposition parties stated that they would vote against the federal budget submitted by Finance Minister Jim Flaherty. The Prime Minister said his government would not accept any amendments to the budget. On 25 March, the Liberal Party submitted a no-confidence vote, which was supported by the BQ and the NDP. The motion stated that the House of Commons agreed with the Committee's finding that the government was in contempt of Parliament. It was adopted by a vote of 156 to 145, triggering early elections. During the 2011 election campaign, Prime Minister Harper's Conservative Party promised to create jobs through training, trade and low taxes and pledged to eliminate the deficit by 2014-2015 through controlling spending and cutting waste. The Prime Minister urged voters to give him a parliamentary majority, arguing that otherwise, a coalition of opposition parties would push for more spending and tax increases. He insisted that such measures would hinder Canada's economic recovery. Liberal Party leader Ignatieff dismissed the Prime Minister's arguments, stating that his party would not form a coalition with any other party or raise taxes but promised to cancel "unnecessary and unaffordable tax cuts for the largest corporations". He promised to provide equal opportunities for all Canadians by providing affordable child care and assistance with university fees. He argued that those measures could be implemented without tax rises by reducing wasteful spending. NDP Leader Jack Layton promised to introduce affordable measures to improve the country's pension system, child care, education and health care and thereby help families in difficulty. In contrast to the Liberal leader, Mr. Layton said he would work with other parties either on a case-by-case basis, or, in "more stable arrangements". BQ Leader Gilles Duceppe argued that giving a majority to the Conservative Party would be tantamount to "new assaults against the French language and the culture of Quebec" and that Quebec's economic interests would be "completely ignored". He called on voters' support, contending that the BQ was the only party that could defend Quebec's interests. The Green Party was hoping to regain the one seat that it had held until 2008. It is led by Ms. Elizabeth May, the sole woman to head a federal party. On 2 May, 61.41 per cent of the 14 million registered voters turned out at the polls. The Prime Minister's Conservative Party took 167 of the 308 seats at stake, securing a parliamentary majority. The NDP nearly tripled its share to 102. Inversely, the Liberal Party and the Bloc Québécois saw their share reduced sharply, taking 37 and four seats respectively. Green Party leader May took the remaining seat. A record 76 women were elected, up from 68 in 2008. On 2 June, the newly elected House of Commons held its first session and elected Mr. Andrew Scheer (Conservative Party) as its new Speaker. Mr. Scheer, 32 years old, became the youngest Speaker ever in Canada. He succeeds Mr. Peter Milliken (Liberal), who had been the longest-serving Speaker in Canadian history (2001-2011). STATISTICS Voter turnout Round no 1 2 May 2011 Number of registered electors Voters Blank or invalid ballot papers Valid votes 23'971'740 14'720'580 (61.41%) Notes Distribution of votes Round no 1 Political group Candidates Votes % of votes Conservative Party 5'832'401 39.60 New Democratic Party (NDP) 4'508'474 30.60 Liberal Party 2'783'175 18.90 Bloc Québécois (BQ) 889'788 6.00 Green Party 576'221 3.90 Distribution of seats Round no 1 Political Group Total of seats Gain/Loss Conservative Party 167 24 New Democratic Party (NDP) 102 65 Liberal Party 34 -42 Bloc Québécois (BQ) 4 -46 Green Party 1 1 Distribution of seats according to sex Men Women Percent of women 232 76 24.68% Distribution of seats according to age Distribution of seats according to profession Comments Sources: Parliament of Canada (01.01.2012) http://www.elections.ca/content.aspx?section=abo&lang=e&document=index http://enr.elections.ca/National_e.aspx http://www.parl.gc.ca/Default.aspx?Language=E http://www.conservative.ca/policy/platform_2011/ http://www.liberal.ca/platform http://www.ndp.ca/platform http://www.blocquebecois.org/dossiers/campagne-2011/documents/EnoncePolitique-Anglais.pdf http://www.scribd.com/doc/51250200/Report-of-the-Standing-Committee-on-Procedure-and-House-Affairs-QUESTION-OF-PRIVILEGE-RELATING-TO-THE-FAILURE-OF-THE-GOVERNMENT-TO-FULLY-PROVIDE-THE

Parliament name Parliament of Canada - Parlement du Canada Structure of parliament Bicameral Chamber name House of Commons Related chamber (for bicameral parliaments) Senate APPOINTMENT AND TERM OF OFFICE Title Speaker of the House of Commons Term - duration: 5 years (term of House) - reasons for interruption of the term: resignation, dissolution of the Parliament, death Appointment - elected by Members of the House of Commons at the first order of business at the first meeting of a new Parliament and - after Members' mandates are validated and after Members are sworn in Eligibility - all Members, except Cabinet Ministers and party leaders, are eligible - those not wishing to pose their candidacy must notify the Clerk of the House in writing by 6:00 p.m. on the day preceding the day on which the election is to take place Voting system - formal vote, by secret ballot - the Member presiding over the election read the names in alphabetical order of those who are eligible for post - the Clerk distributes the ballots and Members write the name of their choice. If no candidate obtains a majority of the votes in the first round, a second round will be held and so on - no new candidates are permitted and the candidates who receive 5% or less of the total votes cast, are dropped from the list - the candidate receiving the majority of the votes cast is elected Procedures / results - the Member who has the longest period of unbroken service (but who is neither a Cabinet Minister, nor holds any office within the House, including a party leader) presides over the election during the voting - the Clerk of the House supervises the voting and counts the ballots - the presiding Member announces the results without any delay - the results cannot be challenged STATUS Status - ranks fifth in the Table of Precedence for Canada, after the Speaker of the Senate - is charged with selecting a number of Members to comprise a Panel of Chairmen of Legislative Committees - is honorary Chairman of all Parliamentary Associations to which Canada belongs - represents the House of Commons with the public authorities and in international bodies - in the absence of the Speaker, the Deputy Speaker and Chairman of Committees of the Whole or one of the 3 others chair occupants can assume his role and functions Board - Board of Internal Economy is regulated by the Parliament of Canada Act - iscomposed of 11 persons - Chairman is the Speaker - - is in charge of the administrative and financial matters concerning the House, its staff and its members - usually meets once every two weeks - has set up a number of sub-committees to examine specific issues Material facilities - salary ($ 64 000) + expense allowance ($ 21 300) + supplementary allowance ($ 49 100 per annum) - official residence + an appartment in the Centre Block - official car and driver - valets and additional support staff FUNCTIONS Organization of parliamentary business - sessions of Parliament may only been convened by the Governor General - enforces the rules governing speaking times which are outlined in the Standing Orders - is responsible for grouping amendments at report stage for debate and voting purposes and for ruling on the admissibility of amendments offered at all stages of the legislative process - decides whether or not a motion to establish a committee is procedurally admissible, but has no power to either propose or establish a House committee Chairing of public sittings - can open, adjourn and close sittings but only as empowered to do so by the Standing Orders and precedents of the House - ensures respect for provisions of the Constitution and Standing Orders - makes announcements concerning the Assembly - takes disciplinary measures in the event of disturbance, and lifts such measures - holds the ultimate authority to recognize list of Members who wish to speak and gives and withdraws permission to speak - cannot request a vote on a matter but puts the question on a motion when debate collapses - may adjourn the House if quorum cannot be reached at the beginning of a sitting, after he may verify quorum only if requested to do so by a MP - authenticates the adopted texts and the records of debates - interprets the rules or other regulations according to precedents - there are procedures to allow the Speaker to receive and grant requests for emergency debates Special powers - is an active participant for establishing the Chamber's budget, as Chairman of the Board of Internal Economy - may hire, assign and promote his personnal staff, but the Human Resources Directorate is responsible for the administration, including recruiting - is responsible for relations with foreign Parliaments - is responsible for safety and, in this capacity, can call the police in the event of disturbance in the Chamber Speaking and voting rights, other functions - may rule motions out of order on procedural grounds - takes only part in voting in the event of a tie - is charged with appointing individuals to electoral boundaries commissions

Parliament name Parliament of Canada - Parlement du Canada Structure of parliament Bicameral Chamber name House of Commons Related chamber (for bicameral parliaments) Senate NATURE Nature of the mandate · Free representation (see also Art. 23 (1) of the Standing Orders of the House of Commons) Start of the mandate · When the MP is appointed, i.e. when the teller signs an MP's election report (Art. 50 of the Constitutional Law, 1867, codified as at 01.04.1996). However, an MP may not occupy his seat until he has taken the oath of allegiance (Art. 128 of the Constitutional Law, 1867). Validation of mandates · No validation End of the mandate · On the day when the legal term of the House ends or on the day of early dissolution (Art. 50 of the Constitutional Law, 1867). In both cases, MPs remain in office for salary purposes until the day of the election (Art. 69 of the Parliament of Canada Act.). The Administrative Rules and Regulations of the Board of Internal Economy provide that MPs shall continue to serve their constituents during the electoral period. Can MPs resign? Yes · Yes, of their own free will (Art. 25 (1) of the Parliament of Canada Act) · Procedure (Art. 25 to 27 of the Parliament of Canada Act) · Authority competent to accept the resignation: the Speaker of the House of Commons Can MPs lose their mandate ? Yes (a) Definitive exclusion from Parliament by the latter: - Exclusion usually comes after an MP has been found guilty of a crime by a court. However, an official decision by the House of Commons is also needed to expel the MP from that body. - The House may also definitively expel an MP for insulting Parliament, misconduct or other reasons (see also Code of Conduct). Procedure. (b) Loss of mandate for incompatibility: - Election of an MP to a provincial legislature (Art. 23 of the Parliament of Canada Act) - Public duties and offices (Art. 32 and 35 of the Parliament of Canada Act) - Parties to public contracts (Art. 34 and 35 of the Parliament of Canada Act). See also Code of Conduct. - Trading of favours (Art. 41 of the Parliament of Canada Act). See also Code of Conduct. STATUS OF MEMBERS Rank in hierarchy · Within Parliament: MPs enjoy equal status. · Outside Parliament: the official order of precedence ranks the Speaker of the House of Commons in the 5th position, the Leader of the Opposition in the 8th position and Members of the House of Commons in the 20th position (version of 04.11.1993). Indemnities, facilities and services · Special passport (neither diplomatic nor official) · Basic salary: CAN$ 64,400/month (as at 01.01.1991) + Additional allowance: for certain special functions + Expense allowance: CAN$ 21,300/year to CAN$ 28,200/year (depending on size of electoral district) · Tax exemption for the expense allowance · Pension scheme according to the 1952 Members of Parliament Retiring Allowance Act, last amended in 1995 (most important provisions) · Other facilities: (a) Secretariat/assistants: on Parliament Hill, furnished office and office supplies. "Office budget" for secretariat and assistants, etc., calculated on the basis of type of electoral district (b) Official housing: see (e) Travel and transport (c) Official car for the Speaker of the House and party leaders (d) Postal and telephone services: for the office on Parliament Hill, free postage, telephone calls within Canada and almost everywhere in the US, e-mail. MPs' postage privileges are maintained for 10 days following (early) dissolution of Parliament. (e) Travel and transport primarily on the basis of a points system (f) Other Obligation to declare personal assets No Parliamentary immunity - parliamentary non-accountability · The concept exists, and is called "freedom of speech". The privileges, immunities and powers granted to the House of Commons are those of the British House of Commons (see Art. 18 of the Constitutional Law, 1867 and Art. 4 of the Parliament of Canada Act). · Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament. Words spoken by MPs outside Parliament which refer to an action exercised in Parliament may come under another form of privilege. · Derogations: insulting Parliament (see Discipline) · Non-accountability takes effect on the day when the mandate begins and offers, after the expiry of the mandate, protection against prosecution for opinions expressed during the exercise of the mandate. Parliamentary immunity - parliamentary inviolability · The concept exists. The privileges, immunities and powers granted to the House of Commons are those of the British House of Commons (see Art. 18 of the Constitutional Law, 1867 and Art. 4 of the Parliament of Canada Act). · It applies only to civil proceedings, covers all offences but only protects MPs from arrest and from being held in preventive custody, not from the opening of judicial proceedings against them and from their homes being searched. However, any searches of an MP's office on the premises of Parliament are subject to prior authorisation from the Speaker of the House of Commons. · No derogations are foreseen. · Parliamentary inviolability prevents MPs from being called as witnesses before a judge or tribunal while Parliament is in session, and in cases where an MP is a party to proceedings as plaintiff or defendant or the accused. · Protection is provided from 40 days before the start of the session up to 40 days after its prolongation or the early dissolution of Parliament. As it does not in general cover proceedings, it does not cover judicial proceedings instituted against MPs before their election. · Parliamentary immunity (inviolability) can be lifted: - Competent authority to decide accordingly: the House of Commons - MPs can be heard. Their only means of appeal is before the House of Commons itself. · The House of Commons cannot subject the prosecution and/or detention to certain conditions. However, the courts, out of deference for the institution, are often prepared to collaborate to ensure that their proceedings do not coincide with sittings of the House of Commons. · The House of Commons cannot suspend the prosecution and/or detention of one of its members. · In the event of preventive custody or imprisonment, the MPs concerned can only be authorised to attend sittings of Parliament by the judicial or penitentiary authorities. EXERCISE OF THE MANDATE Training · There is a training/initiation process on parliamentary practices and procedures for MPs. · It is provided by the Clerk of the House with the collaboration of the Parliamentary Library. The various political parties also offer information meetings on the work and role of MPs. · Handbooks of parliamentary procedure: - The Précis of Procedure - Beauchesne's Parliamentary Rules and Forms (1991) - Annotated Standing Orders of the House of Commons Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings. However, the sum of CAN$ 60/day is deducted from the sessional allowance and the expense allowances for each day, over and above 21, that MPs fail to attend sittings of the House. Discipline · The Standing Orders only set out in general terms the powers available to the Speaker to maintain order and decorum in the House (see Art. 10 of the Standing Orders of the House of Commons). In practice, the Speaker has broad powers relating to both questions such as dress codes during deliberations and rules governing debate. See also Art. 11 of the Standing Orders of the House of Commons. · Disciplinary measures foreseen: - Call to order - Naming with an order to leave the sitting (Art. 11 of the Standing Orders of the House of Commons) or with any other measure taken by the House - Exclusion from Parliament - Reprimand, admonition, suspension, imprisonment, etc. · Specific cases: - Insulting Parliament: all possible penalties · Competent body to judge such cases/to impose penalties: - Call to order, naming and order to leave the sitting (Art. 11 of the Standing Orders of the House of Commons): the Speaker - Suspension from Parliament, exclusion from Parliament, reprimand, admonition, imprisonment, etc.: the House of Commons - Specific cases (insulting Parliament): the Speaker of the House of Commons (see Procedure, contempt of Parliament) · Procedure: - For naming and order to leave the sitting see Art. 11 of the Standing Orders of the House of Commons - Suspension from Parliament - Exclusion from Parliament: this usually occurs once a file on the conviction has been deposited with the Board or following the submission of a committee report. Insulting Parliament Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (Art. 34 and 41 of the Parliament of Canada Act, Art. 121 and 122 of the Criminal Code). · Penalties foreseen for violation of these rules: - In case of violation of Art. 34 of the Parliament of Canada Act (ban on being a party to public contracts), MPs lose their mandate and are liable to a penalty of CAN$ 200 for each day they continue to sit or vote (Art. 35 and 36 of the Parliament of Canada Act). - MPs who contravene Art. 41 of the Parliament of Canada Act (ban on trading of favours) are liable to a fine of CAN$ 500 to 2,000. They also have their mandate revoked and may not hold office in the federal public administration for a period of 5 years after they have been found guilty (Art. 41 (2) of the Parliament of Canada Act). - In case of violations of the Criminal Code, Art. 750 of the Criminal Code stipulates that any person holding public office who is found guilty of a criminal act and sentenced accordingly to two years' imprisonment or more shall be unable to stand for election, to sit or to vote as a Member of Parliament until he has served the sentence imposed upon him. · Competent body to judge such cases/to impose penalties: the House of Commons itself or the courts. As the competence of the House over its Members is exclusive, an official decision of the House is required in the final instance to deprive an MP of his mandate following a violation of the Criminal Code. · Procedure: MPs may, as a means of appeal, have themselves heard during the deliberations held by Parliament or before the court. Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 27 January 2012
Copyright 1996-2012 Inter-Parliamentary Union

• Also on PARLINE
• Search
• Modules
• At a glance
• Recent elections
• New in PARLINE
• Toolbox
• Photo gallery
• About
• Newsfeeds