If committees are going to do a better
job of examining the Estimates, they need more opportunities to influence
expenditure, more authority, and better information. Once improvements have been
made, committees should be able to bring new attitudes and approaches to their
study of the Estimates.
Standing Committee on Procedure and House Affairs, Fifty-First Report
(The Business of Supply: Completing the Circle of Control) presented to the House on December 10, 1998 (Journals, p. 1435)
T
he development of parliamentary procedure
is closely bound up with the evolution of the financial relationship between
Parliament and the Crown. As the Executive
power, [1]
the Crown is
responsible for managing all the revenue of the state, including all payments
for the public
service. [2]
The Crown,
on the advice of its Ministers, makes the financial requirements of the
government known to the House of Commons which, in return, authorizes the
necessary “aids” (taxes) and “supplies” (grants of
money). No tax may be imposed, or money spent, without the consent of
Parliament.
The direct control of national finance has
been referred to as the “great task of modern parliamentary
government”. [3]
That control is exercised at two levels. First, Parliament must assent to all
legislative measures which implement public policy and the House of Commons
authorizes both the amounts and objects or destination of all public
expenditures. Second, through its review of the annual departmental performance
reports, the Public Accounts and the reports of the Auditor General, the House
ascertains that no expenditure was made other than those it had
authorized. [4]
The practices and procedures which govern
how Parliament deals with the nation’s finances are set out principally in
the Constitution Act,
1867, [5]
the Financial Administration Act, [6]
unwritten conventions, and the rules of the House of Commons and the Senate.
Basic Components of Financial Operations
The basic components of parliamentary financial procedure may be succinctly described as follows:
Consolidated Revenue Fund: the
account into which the government deposits taxes, tariffs, excises and other
revenues, once collected, and from which it withdraws the money it requires to
cover its expenditures. [7]
Royal Recommendation: the
instrument by which the Crown advises Parliament of its intent to introduce a
legislative measure having an impact on the Consolidated Revenue
Fund. [8]
Under the
Constitution, all such legislative measures must be initiated by the Crown and
originate in the House of Commons.
Supply: the process by which the
government submits its projected annual expenditures (the Estimates) for
parliamentary approval.
Borrowing Authority: the
authorization required by the government to make up any shortfall between
revenues and expenditures.
Ways and Means: the process by which
the government sets out its economic policy (the Budget) and obtains necessary
authority to raise revenues through taxation.
Public Accounts: the annual
statement and review of the government’s expenditures.
The Financial Cycle
The fiscal year of the Government of Canada
runs from April 1 to March
31. [9]
However, the
planning for the fiscal year begins much earlier with the preparation of
departmental expenditure plans, which are developed in accordance with the
government’s policy and budgetary priorities, and the pre-budget
consultations by the Standing Committee on
Finance. [10]
The
expenditure plans are submitted to the House in their consolidated form as the
“Main Estimates”. At the same time, the Department of Finance is
compiling the information taken in during the pre-budget consultations and
preparing its economic forecasts. The government’s efforts to reconcile
its spending obligations and revenue projections are reflected in the
Budget.
The Budget outlines the government’s
fiscal, social and economic policies and priorities, while the Estimates set
out, in detail, its projected expenditures for the upcoming fiscal year.
Typically, the Budget is presented in the second half of February, although the
government is under no obligation to do
so. [11]
Under normal
circumstances, the Main Estimates are tabled in the House on or before March 1
and submitted for concurrence by the House no later than June 23. [12]
Should the government require funds while
waiting for, or in the absence of, income from taxes and other revenue sources,
it will seek authority to borrow. Should there be a change in the
government’s requirements as set out in the Main Estimates, Parliament
will be asked to approve “supplementary” Estimates.
The tabling of the Public Accounts of
Canada and the Annual Report of the Auditor General, and their review
by the Standing Committee on Public Accounts, completes the government’s
annual cycle of financial
transactions. [13]
Historical Perspective
The manner in which Canada deals with
public finance derives from British parliamentary procedure, as practised at the
time of
Confederation. [14]
The
financial procedures adopted by the Canadian House of Commons in 1867 were
formed by the following principles:
- that although Parliament alone
might impose taxes and authorize the use of public money, Parliament can do this
only on the recommendation of the Crown (royal recommendation), in Canada
represented by the Governor General;
- that the House of Commons has the
right to have its grievances addressed before it considers and approves the
financial requirements of the Crown;
- that the House of Commons has
exclusive control over the business of public finance (taxing and spending) and
all such business is to be initiated in the lower
house; [15] and
- that all legislation sanctioning
expenditure or initiating taxation is to be given the fullest possible
discussion, both in the House and in
committee. [16]
British Precedents
The whole law of finance, and
consequently the whole British constitution, is grounded upon one fundamental
principle, laid down at the very outset of English parliamentary history and
secured by three hundred years of mingled conflict with the Crown and peaceful
growth. All taxes and public burdens imposed upon the nation for purposes of
state, whatsoever their nature, must be granted by the representatives of the
citizens and taxpayers, i.e., by
Parliament. [17]
The requirement that legislation sanction
all public spending and taxation has a long constitutional
history. [18]
In
medieval England, the King was expected to meet most public expenses (the court,
the clergy and the military) out of his personal revenues. Where this was not
possible, he was obliged to seek funds by summoning the common council of the
realm, or parliament, to discuss what aids (taxes and tariffs) should be
supplied to support the Crown. Even in the earliest days of these assemblies, it
was generally recognized that, when “aids” or “supplies”
were required, the King should seek consent not only to impose a tax, but also
for the manner in which the revenues from that tax might be spent. In 1295, the
writ of summons for one of these councils, later known as the “Model
Parliament”, proclaimed: “What touches all should be approved by
all”.
Early British Parliaments were not
legislative bodies as we understand them today, but petitioning bodies. They
presented petitions to the King and agreed to taxes (i.e., money granted to the
Crown), on the condition that certain problems (or grievances) outlined in the
petitions would be addressed or concessions made. By 1400, the Commons insisted
that the King respond to their petitions before any grant of money was made.
When the King refused, they adopted the practice of delaying the grant until the
last day of the session.
The “councils” subsequently
divided into two “Houses” based on their communities of interest:
the House of Lords and the House of Commons. In principle, each House taxed
itself independently; for this reason it was not considered appropriate that the
Lords determine what the Commons should contribute. Moreover, because the
greater part of the tax burden fell to the Commoners, grants to the Monarch came
to be made by the Commons “with the advice and consent” of
the Lords. The dominant position of the Commons in terms of deciding matters of
taxation was firmly established early in the fifteenth century when Henry IV
conceded that any grant to the Sovereign must be agreed upon by both the Lords
and the Commons and must be communicated to the Crown by the Speaker of the
House of Commons. [19]
Initially, the Commons were content simply
to have grants of Supply originate in their House. However, over time the Lords
began “tacking on” additional legislative provisions to Commons
“money bills”, by way of amendments. This was viewed by the House as
a breach of its prerogative to originate all legislation which imposed a charge
either on the public or the public purse, and led the Commons, in 1678, to
resolve that:
All aids and supplies, and aids to his
Majesty in Parliament, are the sole gift of the Commons; and all Bills for the
granting of any such aids and supplies ought to begin with the Commons: and that
it is the undoubted and sole right of the Commons to direct, limit, and appoint,
in such Bills, the ends, purposes, considerations, conditions, limitations, and
qualifications of such grants; which ought not to be changed or altered by the
House of Lords. [20]
By the end of the seventeenth century, the
principles of modern financial procedure — most particularly the annual
treatment of finance by the House of Commons and the notion of effective and
permanent House control over all public expenditure — were well established.
Their evolution had taken several centuries and was related to the rise and
gradual abolition of the Civil List, the creation of the Consolidated Fund and
the growth of the “estimates” system, whereby the government
receives annual operating grants from Parliament.
The Civil List
The Civil
List [21]
was initially
a list of all non-military personnel in the service of the Crown for whom
remuneration was paid by
Parliament. [22]
These
included individuals in the personal employ of the Sovereign, such as domestic
servants, people in the diplomatic service and various public officials and
civil servants. Previously, the Crown had covered these expenses out of the
Sovereign’s hereditary revenues and certain taxes voted to the Sovereign
for life by Parliament.
Initially, Parliament did not concern
itself with how the funds were spent. In general, it was felt that, while the
Crown was not entitled to increase its revenue without the Parliament’s
consent, it was perfectly free to dispose of, as it pleased, any funds properly
in its possession. However, the amounts voted by Parliament were frequently
insufficient and the House was increasingly asked for additional grants to
discharge debts which the Sovereign had incurred to cover the shortfall. So
emerged the practice of allocating to the Crown funds for specific
purposes.
With the accession of Queen Victoria to the
throne in 1837, Civil List expenditures were reduced to those required solely to
meet the personal needs of the Sovereign and her family. All other civil
expenses were taken over by the national treasury and paid out of the
Consolidated Fund.
The Consolidated Fund
During the seventeenth and eighteenth
centuries, the raising and spending of public money were intimately connected.
Requests from the Crown for money, in estimated amounts for specified purposes,
were considered and approved by a Committee of the Whole House. This phase
concluded, a second Committee of the Whole considered the recommended
“ways and means” for raising the money required to cover the amounts
approved. The work of the first committee, which came to be known as the
Committee on Supply, led directly to the work of the second, the Committee on
Ways and Means. Only when the latter came to a decision, would a bill be
introduced which empowered the Crown to raise money in the amount and in the
manner approved by the Committee on Ways and Means and to spend up to the amount
approved, and only for the purposes designated, by the Committee on
Supply.
The close coupling of taxing and spending
continued until 1786 when the establishment of the Consolidated
Fund [23]
abolished the
need to match a particular outlay with a specified
revenue. [24]
Once the
Committee of Supply had agreed to the expenditure of certain sums, the Ways and
Means Committee would look to the Consolidated Fund to pay for the approved
expenditures. The concept of an appropriation bill was introduced to set
aside from the Fund the amounts required for the purposes designated.
Appropriation bills merely set aside funds; they do not require the Crown to
spend all or any of the money which has been appropriated. Furthermore,
appropriations are always made with a time limit; the spending authorization
provided under an appropriation act expires at the end of the fiscal year to
which the Act applies. [25]
Thus, two distinct kinds of government
financial business emerged: the business of Supply, which approved expenditures
and their purposes, and resulted in the passing of appropriation bills; and the
business of Ways and Means, which resulted in the taxation bills used to raise
the monies needed to replenish the Consolidated Fund.
Since the institution of the Consolidated
Fund, all expenses of the state have been authorized either by specific statute
(ongoing and permanent) or by way of an annual appropriation. It is the annual
appropriations, or supply grants, which come before the House for discussion
each year.
The Estimates
As the seventeenth century drew to a close,
England’s continuing colonial disputes with France and Spain and the
recent experience of two civil wars made evident the need to maintain a national
standing army under the control of Parliament. Previously, the Monarch had
simply raised armies to fight wars, as required.
The institution of a permanent military
establishment carried with it the requirement for grants to cover the cost of
personnel, wars and
fortifications. [26]
In
1689, the British Parliament passed the Mutiny Act, legislation which had
to be renewed yearly. The Act restricted the use of martial law and gave
authorization for a definite number of military personnel. The Act also
authorized a grant of funds sufficient to cover military wages, ordnance and
shipbuilding for that year. This, then, was the means by which Parliament
undertook the regular annual charge of Supply for the army and navy, and from
which emerged the parliamentary practice of granting annual appropriations for
the operations of government. The principles governing that practice hold that
the government may spend on public administration no more than the amounts
(estimates) approved by Parliament and is similarly prohibited from using funds
voted for one purpose to pay for another (engaging in
virement). [27]
As the scope of civil government expanded, civil expenditure came to comprise a
number of expenses funded solely by annual parliamentary
grants. [28]
Financial Procedure in Colonial Canada
By the end of the eighteenth century, most
of the British North American colonies had acquired representative political
institutions. [29]
For
many years, colonial governance was fraught with dissension as a result of the
often irreconcilable interests of appointed governors and elected
representatives. Much of that conflict arose over the issue of who should
control the public
purse. [30]
However, by
the time of Confederation, the popular assemblies of British North America had
asserted their right to decide what taxes should be raised and where they would
be spent, thus fulfilling the principle of responsible government, which holds
that the executive may only govern while it enjoys the confidence or support of
the House of Commons. Parliament’s rights and role in the processes of
taxing and spending may be found in the various rules and procedures of the
legislatures from which they
derive. [31]
In 1867,
the Canadian House of Commons adopted the rules of the former Legislative
Assembly of the Province of Canada, including those covering the process of
taxing and spending. [32]
Upper Canada
Initially, the colonial administration of
Upper Canada was paid for entirely by the British Parliament. However, in 1817,
the Executive asked the Assembly for a grant of money to cover certain
administrative costs which exceeded the amount authorized by Westminster.
Previously, Britain had covered any excesses; but, in view of the growing wealth
and relative prosperity of the colony, the local community was asked to
subsidize these expenditures. Not surprisingly, the elected representatives
demanded a say in how the money would be spent. Moreover, they asked that the
Governor and his Executive Council not spend money which the Assembly had not
authorized, nor for purposes other than those it had
designated.
Supply (the authority to spend) was rarely
withheld. [33]
Even
when it was withheld (in 1818, 1825 and 1836), it was inconsequential. In fact,
the Crown appeared relatively indifferent to the sums voted by the House.
Nonetheless, the House continued to take the Supply process seriously, resolving
that the misapplication of parliamentary appropriations was a “high
crime” and affirming the undoubted right of the elected House to determine
how, and how much, public money was spent.
By 1840, Supply proceedings in the Assembly
had become relatively formalized. Estimates were referred upon presentation to a
permanent Select Committee on Finance. The committee’s report would be
referred to a Committee of Supply (a Committee of the Whole
House) [34]
which, in
turn, would report back to the House a number of resolutions, each of which
recommending that money be appropriated for some item. Once adopted, these
resolutions would be referred to a special committee of two members charged with
drafting the bills based thereon. A number of bills would then be
presented.
Lower Canada
Prior to 1818, the Executive Council
requested no funds from the House of Assembly of Lower Canada, with the result
that no Estimates were tabled. Nevertheless, the House attempted to exert some
financial control by way of its annual review of the public accounts. Until
1812, the accounts were examined in a Committee of the Whole, after which they
were referred to a special committee of five members. Beginning in 1818,
Estimates were also referred to this committee. The committee’s frequent
criticisms of the administration for appropriating money without the consent of
the House of Assembly prompted the House to resolve that the appropriation of
the public revenue without legislation was “a breach of the privileges of
this House, and subversive of the Government of this Province, as established by
Law”. The House further warned that it would hold the Receiver General
responsible for all monies
levied. [35]
The House of Assembly used various other
procedures in its efforts to control the administration, including refusing
Supply, refusing to deal with all legislation until basic grievances were met
and “tacking” on clauses to bills appropriating revenue for which
there was no existing statute, a practice which forced the Executive to choose
between enacting the additional clauses or losing Supply.
The Province of Canada
In 1840, the British Parliament passed the
Union Act uniting Upper and Lower
Canada. [36]
With its
enactment came the acknowledgement that a government should enjoy the confidence
of the people’s
representatives. [37]
It is also by the Union Act that the royal prerogative in right of
financial legislation was first introduced into Canadian parliamentary law.
Prior to 1840, any elected member in the legislatures of Canada could introduce
a bill with financial implications for consideration of the assembly. This
practice was much frowned upon by governors on the grounds that it interfered
with the efficient operation of
government. [38]
Lord
Durham felt strongly that “The prerogative of the Crown which is
constantly exercised in Great Britain for the real protection of the people,
ought never to have been waived in the Colonies; and [that if] introduced … it
might be wisely employed in protecting the public interests, now frequently
sacrificed in that scramble for local appropriations, which chiefly serves to
give an undue influence to particular individuals or
parties.” [39]
Provision was made for a Consolidated
Revenue Fund against which would be charged all expenses related to the
collection, management and receipt of revenue, all interest on the public debt
and remuneration of the clergy and officials included on the civil
list. [40]
Any surplus
remaining in the fund after these charges had been deducted could be used for
the service of the public, as the legislature thought
fit. [41]
All votes,
resolutions or bills involving expenditure of public funds were to be first
recommended by the governor
general. [42]
There were still disputes over the control
of money. However, no administration was defeated over an appropriation act; in
fact, even when governments changed, a supply bill was often taken over and
carried through by the succeeding
administration. [43]
By
1867, the vote of confidence had virtually replaced withholding Supply as the
preferred mechanism by which the Assembly sought control over the administration
of government.
Financial Procedure in the Canadian House of Commons
The Constitution Act, 1867 provided
that any bill appropriating any part of the public revenue or imposing a tax or
duty must originate in the House of
Commons. [44]
Furthermore, the Act made it unlawful for the House to pass any measure to
appropriate public revenues or impose a tax or duty which had not first been
recommended by the Governor General in the Session in which the measure was
proposed. [45]
Additional clauses provided for the creation and use of a Consolidated Revenue
Fund by the Parliament of Canada for the public
service. [46]
Standing Orders (1867-1968)
The first Standing Orders of the House of
Commons codified long-established rules of parliamentary practice and procedure,
which were rooted in British parliamentary history and, subsequently, also in
the rules and procedures of the different colonial
legislatures.
The cardinal principle governing
Parliament’s treatment of financial measures was that they be given the
fullest possible consideration in committee and in the House. This was to ensure
that “parliament may not, by sudden and hasty votes, incur any expenses,
or be induced to approve of measures, which may entail heavy and lasting
burthens upon the
country”. [47]
To
satisfy the requirement for debate, the 1867 rules required that financial
business be considered first in a Committee of the Whole before being debated in
the House. [48]
In
1874, the House agreed to appoint, henceforth, at the beginning of each session,
a Committee of Supply and a Committee of Ways and
Means. [49]
The
Committee of Supply approved the annual Estimates of government expenditure,
while the Committee of Ways and Means considered the government’s
proposals to raise revenue and approved necessary withdrawals from the
Consolidated Revenue Fund for the measures in the Estimates. Yet another measure
safeguarding the House from hasty financial decisions was the rule that the
debate on any motion proposed “for any public Aid or Charge upon the
people” would not proceed immediately, but would be adjourned to a
subsequent sitting
day. [50]
This was done
so that “no member may be forced to come to a hasty decision, but that
every one may have abundant opportunities afforded him of stating his reasons
for supporting or opposing the proposed
grant”. [51]
The first Standing Orders also included,
directly under the heading “Aid and Supply”, a note in reference to
the Constitution Act, 1867, which required that any measure seeking to
raise or spend public money be initiated by the Crown. The rules provided
further that all legislation respecting charges upon the public revenue
(expenditure) or on the public (taxation) be introduced first in the House of
Commons, that is, the Commons alone grants
supply. [52]
In general, the financial procedures set
out under these rules remained the same for the next hundred
years. [53]
However,
financial procedures came to be used by successive oppositions as a means of
obstructing, delaying, and even preventing the government from passing financial
business. As a consequence, beginning in the late 1960s, financial procedures,
which had remained virtually unchanged for a century, were drastically revised
and streamlined. These revisions had to recognize and protect two contradictory
principles: that the government is entitled to get its financial legislation
through Parliament; and that the opposition is entitled to identify, draw
attention to, delay, and debate, items that it feels need attention and
discussion.
The Royal Recommendation
Under the Canadian system of government,
the Crown alone initiates all public expenditure and Parliament may only
authorize spending which has been recommended by the Governor
General. [54]
This
prerogative, referred to as the “financial initiative of the Crown”,
is the basis essential to the system of responsible government and is signified
by way of the “royal recommendation”. With this prerogative, the
government is assigned the responsibility for preparing a comprehensive budget,
proposing how funds shall be spent, and actually handling the use of funds. The
Constitution Act, 1867, states that “It shall not be lawful for the
House of Commons to adopt or pass any Vote, Resolution, Address, or Bill for the
Appropriation of any Part of the Public Revenue, or of any Tax or Impost, to any
Purpose that has not been first recommended to that House by Message of the
Governor General in the Session in which such Vote, Resolution, Address, or Bill
is
proposed”. [55]
The language of the Constitution is echoed in the Standing Orders of the
House. [56]
For the first hundred years following
Confederation, any bill or clause appropriating money had to be preceded by a
House resolution, whose wording defined precisely the amount and purpose of any
appropriations sought. The resolution was moved by a Minister of the Crown and
was recommended by the Governor
General. [57]
Every
appropriating clause of the subsequent bill had to conform to the provisions
outlined in the resolution, and no Member could move amendments to the
legislation that would have the effect of increasing the amount or altering the
purposes which the resolution had
authorized. [58]
To
alter an appropriating clause, the government had first to obtain a new
resolution from the House, again recommended by the Governor General, embodying
the change.
Because the debate on the financial
resolution was often repeated at the second reading stage of the bill, the House
eliminated the resolution stage in
1968. [59]
The
Crown’s recommendation would now be conveyed to the House as a printed
notice which would appear in the Notice Paper and again in the
Journals when the bill was introduced, and be printed in or appended to
the text of the
bill. [60]
The rule
change did not alter the constitutional requirement for a royal recommendation,
nor its form, only the procedure to be followed.
In 1994, the Standing Orders were again
amended to remove the requirement that a royal recommendation had to be provided
to the House before a bill could be
introduced. [61]
The
royal recommendation can now be provided after the bill has been introduced in
the House, as long as it is done before the bill is read a third time and
passed. However, the government has maintained the practice of providing the
royal recommendation to their own bills at the moment they are put on notice for
introduction in the
House. [62]
The royal
recommendation accompanying a bill must still be printed in the Notice
Paper, printed in or annexed to the bill and recorded in the
Journals.
In general, there are two types of bills
which confer parliamentary authority to spend and therefore would require a
royal
recommendation [63] :
- Appropriation acts, or supply bills
which authorize charges against the Consolidated Revenue Fund up to the amounts
approved in the Estimates; and
- Bills which authorize new charges
for purposes not anticipated in the
Estimates. [64]
The
charge imposed by the legislation must be “new and distinct”; in
other words, not covered elsewhere by some more general
authorization. [65]
An appropriation accompanied by a royal
recommendation, though it can be reduced, can neither be increased nor
redirected without a new
recommendation. [66]
Because financial legislation must originate in the House of Commons, bills that
require a royal recommendation may not be introduced in the
Senate. [67]
A royal recommendation not only fixes the
allowable charge, but also its objects, purposes, conditions and qualifications.
An amendment which either increases the amount of an appropriation, or extends
its objects, purposes, conditions and qualifications is inadmissible on the
grounds that it infringes on the Crown’s financial
initiative. [68]
However, a royal recommendation is not required for an amendment whose effect is
to reduce taxes otherwise
payable. [69]
The rules regarding the royal
recommendation also apply to a bill sponsored by a private
Member. [70]
In the
past, when such a bill infringed on the financial initiative of the Crown, the
Speaker has not allowed it to go
forward. [71]
However,
since the rule change of 1994, private Members’ bills involving the
spending of public money have been allowed to be introduced and to proceed
through the legislative process, on the assumption that a royal recommendation
would be submitted by a Minister of the Crown before the bill was to be read a
third time and
passed. [72]
If a royal
recommendation were not produced by the time the House was ready to decide on
the motion for third reading of the bill, the Speaker would have to stop the
proceedings and rule the bill out of order. The Speaker has the duty and
responsibility to ensure that the Standing Orders on the royal recommendation as
well as the constitutional requirements are upheld. There is no provision under
the rules of financial procedure which would permit the Speaker to leave it to
the House to decide or to allow the House to do so by unanimous
consent. [73]
The Commons’ Claim to Predominance in Financial Matters
The Constitution and the Standing Orders of
the House of Commons require that bills which appropriate (impose a charge on
the public revenue) or levy any tax or duty (impose a charge upon the people)
must first be introduced and passed in the House of
Commons. [74]
The
Speaker has ruled that a Senate bill which appropriated public money could not
be introduced in the House and directed that the notice for the first reading of
the bill be removed from the Order
Paper. [75]
The
Speaker has also ruled that a Senate bill which had been read a first time in
the House was in fact imposing a tax and should have originated in the Commons;
the proceedings on the bill were declared null and void and the bill was ordered
withdrawn from the Order
Paper. [76]
Financial legislation is, in the opinion of
the House, not alterable by the
Senate. [77]
Since
Confederation, the Senate has regularly asserted the right to amend money
bills. [78]
Most of the
disagreements between the two Chambers arise over the extent of the
Senate’s authority to amend financial legislation. On the one hand, it has
been argued that the Senate is restricted to passing or rejecting such
bills. [79]
Others
maintain that the Senate has full powers to amend, provided that it not increase
appropriations or the amount of
taxation. [80]
The
issue is whether a money bill is one that includes any financial provisions or
whether its purpose must be primarily or solely financial; and, consequently,
whether any restrictions on the Senate’s power to amend should extend to
the whole bill or simply to its financial aspects. A further question is whether
or not the Senate can propose amendments to bills amending existing financial
legislation. [81]
In
some instances, the House of Commons has rejected the Senate’s amendments
and claimed their financial
privilege. [82]
On
other occasions, however, the House has waived its privileges and accepted the
Senate amendments. [83]
Where the Commons choose to accept a Senate amendment (to a bill appropriating
funds or imposing a tax), they usually waive their financial prerogative, while
insisting that their decision in this instance does not constitute a
precedent. [84]
However, the House has, on occasion, accepted or rejected amendments with no
reference made to its privileges,
whatsoever. [85]
On at
least two occasions, the Speaker has refused to lay aside Senate amendments to
financial legislation, maintaining that it is the responsibility of the Commons,
not the Chair, to invoke or waive the privileges claimed by the
House. [86]
Although
the Chair has acknowledged its responsibility for directing the House’s
attention to any Senate bill or amendment which breaches its
privileges, [87]
the
Speaker does not rule on the right of the Senate to amend financial legislation
on the grounds that this is a constitutional
issue. [88]
Senate
bills, on the other hand, have been laid aside on the grounds that they
contravened the constitutional principles that financial bills originate in the
Commons and are introduced at the initiative of the
Crown. [89]
The House will allow the Senate to include
or alter pecuniary penalties in bills, where such penalties seek only to punish
or prevent crimes or offences and do not have the effect of incurring a public
expenditure or imposing a tax on the
people. [90]
The Business of Supply
The Business of Supply is the process by
which the government asks Parliament to appropriate the funds required to meet
its financial obligations and to implement programs already approved by
Parliament. The Crown, acting on the advice of its responsible Ministers,
transmits to the House of Commons the government’s projected annual
expenditures, or “estimates”, for parliamentary scrutiny and
approval. The House of Commons has sole authority to grant the
“supplies” needed to satisfy the government’s demands. All
financial legislation (which includes all government expenditures) must
originate in the House of
Commons. [91] Once
Supply is granted, the government can draw on the Consolidated Revenue Fund to
meet its financial
obligations. [92]
Historical Perspective
The Supply procedures established in 1867
remained basically unchanged for the first hundred years following
Confederation. Deriving from a long-standing rule of the British House of
Commons, [93]
the
Business of Supply was considered in a Committee of the Whole House, called the
Committee of Supply. [94]
From Confederation to 1968
Prior to 1968, the Supply proceedings
consisted of the process of entering into Committee of Supply and the
study of the annual Estimates or government spending proposals in
Committee of Supply. Before the Committee of Supply could begin its work, the
Finance Minister had to table the Estimates along with the message from the
Governor General signifying the recommendation of the
Crown. [95]
The
Minister then moved that the message and recommendation, together with the
Estimates, be referred to the Committee of
Supply. [96]
When the Order of the Day was read for the
House to resolve itself into the Committee of
Supply, [97]
the
motion, “That the Speaker do now leave the Chair” was proposed to
the House. [98]
This
initiated the first phase of the Supply proceedings; it was an opportunity for
Members to debate and, if they chose, amend the motion that the Speaker leave
the Chair. The rules pertaining to relevance were relaxed and Members used
amendments to the motion as the mechanism to raise their issues and debate them
in the House. In addition, the Opposition could use the threat of delaying
Supply to obtain concessions from the Executive. The practice of allowing every
description of amendment to be
moved, [99]
coupled
with great latitude permitted in the debate and the lack of time limits,
reflected the ancient tenet of parliamentary government which held that the
Crown should respond to the grievances of the people before the people granted
Supply. [100]
Once having agreed to the motion for the
Speaker to leave the Chair, the House was then sitting as the Committee of
Supply. Each Estimate was considered as a separate resolution or motion,
“that a certain sum be granted to Her Majesty for …” Amendments to
the motion were permitted and no time limits were placed on the debate. If
decided in the affirmative, the resolutions were reported to the House for its
concurrence. This was accomplished by “reading” the resolution
twice. The first reading was purely formal; however, the motion for second
reading was debatable and amendable. Reports from the Committee of Supply were
usually not received or taken up by the House on the same day they were
reported, but were ordered to be received at a subsequent sitting of the House.
Upon reporting, the Committee requested leave “to sit again”,
without which permission the Committee of Supply, as an entity, would have
ceased to exist. [101]
When the Order of the Day was read to
report the resolutions approved in Committee, a formal motion for their first
reading was proposed. The motion was never debated or amended. If the House
agreed, each resolution was then read separately a second time, after which the
Speaker put the question for concurrence. Both the debate and any amendment had
to be relevant to the proposed
resolution. [102]
When all the Estimates had passed through
the Committee of Supply, the Finance Minister would move a motion for the House
to resolve into the Committee of Ways and Means to consider resolutions to
authorize the necessary withdrawals from the Consolidated Revenue
Fund. [103]
Again,
each sum was proposed as a separate resolution, considered and, if agreed to,
reported to the House. Once the resolutions had been read a second time, they
formed the basis for the Appropriation or Supply Bill, which set aside (or
appropriated) from the Consolidated Revenue Fund the amounts required to fund
the programs and activities approved in the Estimates. Supply Bills were often
introduced and passed through two or more legislative stages in a single
day. [104]
Once it had
been passed by the House, the Supply Bill was sent to the Senate where it was
given three readings and passed before being returned to the
House.
The debate on the motion “That the
Speaker do now leave the Chair” often resulted in Supply being considered
very late in the session, and often late at night. Consequently, by the time the
Estimates were actually discussed in the Committee, they tended to be given
relatively short examination, provoking frequent criticism of the lack of
effective parliamentary oversight of government
expenditure. [105]
In 1913, the Standing Orders of the House
were modified: henceforth, when the order for the House to go into the Committee
of Supply was called on Thursday and Friday, the motion “That the Speaker
do now leave the Chair” would be deemed adopted without question
put. [106]
This change
represented the first encroachment on the Members’ previously unfettered
right to air grievances before considering the government’s financial
requirements. The effect of the adoption of the change was that from 1913 to
1955, only 132 amendments to the motion were moved, while in the period 1867 to
1913, 271 amendments had been moved. By guaranteeing the government at least two
days a week on which its financial requirements could be taken up by the House,
the new rule introduced the first real constraint on the opposition’s
capacity to delay Supply.
There were no further modifications until
1927 [107]
when the
House agreed to allow a sub-amendment to the motion for the Speaker to leave the
Chair to go into the Committee of Supply or the Committee of Ways and Means when
proposed on a day other than a Thursday or
Friday. [108]
Opinion soon began to differ as to whether
Estimates should continue to be considered in a Committee of the Whole or be
referred to a standing
committee. [109]
In
1955, the House agreed to establish a Special Committee on
Estimates. [110]
Initially, the Committee lacked the authority to send for persons, papers and
records; however, changes to the Standing Orders in 1958 gave the committee the
necessary powers. [111]
Additional changes, approved provisionally
in 1967, made it possible for standing committees to examine the Estimates and
limited to four the number of occasions in any session on which the House could
debate the motion to go into the Committee of Supply or the Committee of Ways
and Means. [112]
A
maximum of 30 days in each session was allocated for the consideration of the
Business of Supply. [113]
Supply Proceedings Since 1968
In 1968, changes were recommended by the
Special Committee on Procedure and Organization. The Committee had described
Supply procedures as "time-consuming, repetitive and archaic", claiming they did
not permit an effective scrutiny of the Estimates, did not provide the House
with the means of organizing meaningful debate on pre-arranged subjects, had
failed to preserve effective parliamentary control over expenditures and had
failed to guarantee an expeditious decision on appropriation bills. The
Committee found that the traditional Supply procedures were irrelevant to the
realities of government in the present
day. [114]
The House
agreed to alter substantially its financial
procedures. [115]
The
Committee of Supply was abolished, along with the Committee of Ways and Means.
All Estimates would be referred now to standing committees before they were
taken up in the House. Under the revised rules, the Main Estimates would be
tabled and referred on or before March 1 of each year. Committees were required
to report back the Estimates, or would be deemed to have reported them back, no
later than May 31. [116]
The House agreed to establish, at the
beginning of each session, a continuing order for the consideration of Supply on
the House agenda under Government
Business. [117]
Unlike
the order for the House to go into the Committee of Supply, which lapsed once
the committee had reported the Estimates back to the House, the continuing order
remains on the agenda as an item of government business and may be taken up at
any time at the government’s discretion.
The new rules divided the parliamentary
calendar into three periods, during which 25 days would be allotted to the
Business of Supply. Five allotted days were set aside in the Supply period
ending December 10, seven days in the period ending March 26 and an additional
thirteen days in the period ending June 30. Opposition or Supply motions could
be moved only by Members in opposition to the government and might be related to
any matter within the jurisdiction of the Parliament of
Canada. [118]
In addition, the new rules stipulated that
in any period, the opposition could ask that up to two of its allotted day
motions be brought to a vote and that these could be designated as votes of
non-confidence in the government. Since the requirement that the Executive
retain the confidence of the House is a matter of convention, many questioned
why votable opposition motions should be termed “no-confidence”
motions. [119]
In
March 1975, the Standing Orders were provisionally modified so that votes on
opposition supply motions would no longer, ipso facto, be considered an
expression of confidence in the
government. [120]
The
provisional rules lapsed at the beginning of the following Session and the term
“no-confidence” found its way back into the 1977 version of the
Standing Orders. Amendments to the Standing Orders in June 1985 again removed
the non-confidence provision from the rules on opposition
motions. [121]
In 1986, provision was made for the Leader
of the Opposition to extend the committee consideration of the Main Estimates of
one department or agency beyond the May 31 deadline, for a period not exceeding
10 further sitting
days. [122]
In
addition, the new rules set aside the last allotted day in the Supply period
ending June 30 to debate the motion to concur in the Main Estimates, instead of
the usual opposition motion, and extended the sitting hours on that day until
10:00 p.m. In 1991, the end date for that period was changed to June 23 and, as
a result of a reduction of the number of sittings days in the year, the total
number of allotted days over a year was reduced from 25 to
20. [123]
Provision
was also made to increase or decrease the number of allotted days in a Supply
period in relation to the total number of sitting days in the
period, [124]
and to
limit the number of allotted days falling on Wednesday and
Friday. [125]
Finally,
in 1998, the total number of allotted days was increased to 21, and the last
allotted day in June again provided for the consideration of an opposition
motion. [126]
However,
the consideration of the opposition motion on this last allotted day is not to
go beyond 6:30 p.m. and is to be followed with the necessary motions to concur
in the Main Estimates.
The Continuing Order for Supply
In the Speech from the Throne, which begins
each new session of Parliament, the Governor General traditionally advises
Members of the House of Commons that they will be asked to appropriate (approve
the spending of) the funds required to carry on the services and payments
authorized by Parliament. [127]
Among its first items of business after the
Speech from the Throne, the House considers a motion usually proposed by the
Minister serving as President of the Treasury Board: “That the business
of Supply be considered at the next sitting of the
House”. [128]
By long-established practice, the motion is not debatable and is traditionally
decided without dissent. Once agreed to, the motion is an order of the House to
add the Business of Supply on the Order Paper for the remainder of the
session. [129]
This
process has the effect of establishing a continuing order of the day for the
purposes of considering Supply, which enables the government to call Supply on
any sitting day, within the framework laid out in the Standing
Orders.
The Business of Supply consists of the consideration of motions:
- to concur in Interim Supply;
- to concur in Main and Supplementary Estimates;
- to restore or reinstate any item in the Estimates;
- to introduce or pass at all stages any bill or bills based thereon;
- to be proposed by the opposition on allotted days. [130]
In any calendar year, 21 days are set aside
under the Standing Orders for consideration of the Business of Supply and, on
these days, Supply have precedence over all other government
business. [131]
The
Business of Supply can be divided into a general debate phase and a legislative
phase. The general debate phase is taken up with the consideration of opposition
motions proposed on allotted
days. [132]
During the
legislative phase, the House considers and votes on the government’s
proposed annual spending plans (the Main and Supplementary
Estimates) [133]
and
the legislation (appropriation bills) needed to authorize all consequential
withdrawals from the Consolidated Revenue Fund.
General Debate Phase
Allotted Days
The setting aside of a specified number of
sitting days on which the opposition chooses the subject of debate derives from
the tradition which holds that Parliament does not grant Supply until the
opposition has had an opportunity to demonstrate why it should be refused. Of
the twenty-one days allocated in each annual Supply cycle for the House to
consider the Business of Supply, seven days are allotted during the period
ending December 10, seven during the period ending March 26 and seven during the
period ending June 23. Of these twenty-one days, no more than four may fall on a
Wednesday and no more than four on a Friday (the shortest sitting days of the
week). [134]
The
twenty-one days are designated as “allotted days”. On each of these
days, the House will debate an opposition
motion. [135]
The normal Supply cycle can be disrupted by
an extended adjournment, a prorogation or a dissolution. In these cases, the
number of opposition days in each Supply period may be increased or
decreased. If, for any reason, the number of sitting days
in any Supply period is fewer than the number prescribed under the parliamentary
calendar, the number of allotted days in that period will be reduced by an
amount proportional to the number of sitting days the House stood adjourned. The
Speaker will determine and announce to the House the reduction in the number of
allotted days for that
period. [136]
Conversely, should the House sit more than the prescribed number of sitting
days, the total number of allotted days will be increased by one day for every
five additional days the House
sits. [137]
The House
may also decide that any unused days from the six days allotted to the debate on
the Address in Reply to the Speech from the Throne, or from the four days
allotted to the Budget Debate, be added to the number of allotted days in the
Supply period in which they would have been taken
up. [138]
If, in the Supply period ending June 23,
concurrence is sought in Supplementary Estimates for the previous fiscal year, a
further three sitting days will be allocated in that period for the
consideration of a motion to concur in those Estimates and for the passage at
all stages of the related supply
bill. [139]
On
occasion, changes have been made, with the consent of the House, to the length
of a Supply period or to the number of allotted days. For example, the House has
agreed to extend the length of a Supply
period; [140]
to add
Supply days; [141]
and
to transfer unused Supply days from one period to the
next. [142]
The House
has also agreed that an allotted day in one Supply period be deemed disposed of
and one additional allotted day be designated in the subsequent Supply
period. [143]
Designating an Allotted Day
The government designates the days allotted
to the consideration of the Business of Supply. The established practice is for
a Minister of the Crown, usually the Government House Leader, to rise in the
House and designate the following day or a subsequent day as an allotted
day; [144]
allotted
days may also be designated during the “Thursday Statement” on the
House business for the following
week. [145]
However,
the date so designated is not binding on the government and may, like the
scheduling of any other Government Order, be revised at any
time. [146]
If the
government fails to designate the prescribed number of allotted days, the
remaining days in that period will be designated by
default. [147]
When
the sitting on a day designated as an allotted day ends before the House has
reached Orders of the Day, the allotted day has not commenced, and therefore the
sitting does not count as one of the days designated for the consideration of an
opposition
motion. [148]
On the
other hand, once the order for Supply has been called, an allotted day is deemed
completed if, subsequently, the proceedings are
superseded. [149]
Opposition Motions
Opposition motions have precedence over all
government Supply motions on allotted
days. [150]
However,
on the last allotted day for the period ending June 23, at not later than 6:30
p.m., the Speaker interrupts the proceedings on the opposition motion and puts,
without further debate or amendment, every question necessary to dispose of the
motion. Any recorded division requested is deferred to the end of the Supply
proceedings on that day, but not later than 10:00 p.m. Meanwhile, the House
proceeds to consider a motion or motions to concur in the Main
Estimates. [151]
Members in opposition to the government may
propose motions for debate on any matter falling within the jurisdiction of the
Parliament of Canada, as well as on committee reports concerning
Estimates. [152]
The
Standing Orders give Members a very wide scope in proposing opposition motions
on Supply days and, unless the motion is clearly and undoubtedly irregular
(e.g., where the procedural aspect is not open to reasonable argument), the
Chair does not intervene. [153]
Notice
Before an opposition motion can be taken up
on an allotted day, a 24-hour written notice of the motion must be
given. [154]
A notice
which is not filed by 6:00 p.m. (or 2:00 p.m. on a Friday) on the day before a
designated allotted day will not appear on the Order Paper the following
day. [155]
A Member
may put an opposition motion on notice even though an allotted day has not yet
been designated. [156]
However, a decision by the government not to proceed with a designated allotted
day is not in itself a reason for the Chair to remove a notice of an opposition
motion from the Notice
Paper. [157]
It
can remain on the Notice Paper until it is proceeded with later or
withdrawn by the sponsor. Only the sponsor can have it removed, and the consent
of the House to do so is not
required. [158]
Speaker’s Power to Select
The Standing Orders are silent on the
method of apportioning allotted days between the parties, when two or more
recognized parties form the opposition. Although the government designates which
days shall be used for the Business of Supply, the opposition parties decide
among themselves which party will sponsor the motion and whether or not, subject
to the provisions of the Standing Orders, that motion will be brought to a vote.
The distribution has reflected the proportion of seats each recognized party
occupies in the Chamber. It is not the purview of the Official Opposition to
determine unilaterally who can propose a motion on an allotted
day. [159]
Notices of
more than one motion may be given by one or several opposition
parties. [160]
Where
notice of two or more opposition motions appears on the Order Paper for
consideration on an allotted day and there is no agreement among the opposition
parties as to which shall be taken up, the Speaker must decide which motion
shall be given
precedence. [161]
Generally, in making their decision, Speakers will take into consideration the
following: representation of the parties in the House; the distribution of
sponsorship to date; fair play towards small parties; the date of notice; the
sponsor of the motion; the subject matter; whether or not the motion is votable;
and what has happened, by agreement among the parties, in the immediate past
Supply periods. [162]
Votable Motions
For each annual Supply cycle, not more than
14 opposition motions considered on allotted days may be brought to a
vote. [163]
For the
purpose of calculating votable motions, the period ending December 10 is deemed
to be the first period in the Supply
cycle. [164]
The
allocation of the 14 votable motions is worked out in an informal agreement
among the opposition
parties. [165]
However, except in a situation where the limit of allowable votable motions in a
Supply period or in any year has been reached, it is not within the competence
of the Chair to rule whether or not a particular motion should be
votable. [166]
Although it happens infrequently, some opposition motions on allotted days have
been agreed to by the
House. [167]
Proceedings on an Opposition Motion
Proceedings on non-votable opposition
motions expire at the conclusion of the debate or at the expiry of the time
provided for Government
Orders. [168]
However,
a motion can be moved to extend the sitting beyond the hour of daily
adjournment. [169]
In
the case of votable motions, the Speaker will interrupt the debate 15 minutes
before the expiry of the time provided for Government Orders and proceed to put,
without further debate or amendment, every question necessary to dispose of the
motion. [170]
When a
recorded division on a votable opposition motion is demanded on a Friday, the
division is automatically deferred until the ordinary hour of daily adjournment
on the next sitting day; however, a recorded division demanded on the last
allotted day of a Supply period may not be
deferred. [171]
The proceedings on a votable opposition
motion may continue for more than one allotted
day; [172]
usually,
such proceedings have taken place over two consecutive sitting days where both
have been designated together as allotted
days. [173]
The
duration of such proceedings must be stated in the notice respecting the day or
days set aside. [174]
The mover of the motion, who is a Member of
the opposition, speaks first on an opposition day. No Member may speak for more
than twenty minutes; a ten-minute period is also provided for questions and
comments. [175]
It is
often the case that two Members of the same party will agree to share the twenty
minutes, with each speaker receiving five minutes for questions and
comments. [176]
On
allotted days, the party of the opposition Member sponsoring the motion may be
recognized more frequently on debate than otherwise might be warranted, given
their relative numbers in the House.
Only one amendment and one sub-amendment
are permitted to opposition motions considered on an allotted
day. [177]
Amendments
which have the effect of providing the basis for an entirely different debate
are not in
order. [178]
When a
party has been allocated an allotted day and a subject has been proposed for
debate by way of an opposition motion, the day should not be taken away by way
of an amendment. [179]
The House has consented, despite the rules, to allow amendments which had been
ruled inadmissible by the
Chair. [180]
Legislative Phase
Main Estimates
The Main Estimates provide a breakdown, by
department and agency, of planned government spending for the coming fiscal
year. The Estimates are expressed as a series of “Votes”, or
resolutions, which summarize the estimated financial requirements in a
particular expenditure category, such as operations, capital or
grants. [181]
The
Votes are expressed in dollar amounts, the total of which, once agreed to,
should satisfy all the budgetary requirements of a department or agency in that
category, with the exception of any expenditures provided for under other
statutory authority. Each budgetary item, or Vote, has two essential components:
an amount of money and a destination (a description of what the money will be
used for). Should the government wish to change the approved amount or
destination of a Vote, it must do so either by way of a
“supplementary” Estimate or by way of new or amending
legislation.
The Main Estimates are presented in two
parts. Part I, the Government Expenditure Plan, gives an overview of the
government’s projected total expenditures for the new fiscal year. Part II
contains the Main Estimates, which summarize the budgetary and statutory
expenditures for all government ministries and agencies for the same period. It
also contains an introductory section, which explains the different kinds of
Votes [182]
and other
elements making up the Estimates, as well as any changes to the content with
respect to that found in previous fiscal years. Part II outlines spending
according to departments, agencies and programs and contains the proposed
wording of the conditions governing spending which Parliament will be asked to
approve. [183]
The
information provided in Part II directly supports the Schedule of the
Appropriation Act. Statutory items are expenditures authorized under
separate legislation and, because already approved by the statute, they do not
require further approval by Parliament. They are identified in the Estimates
with an “S” and are included for information purposes
only. [184]
Part I is
now combined with Part II in the volume known historically as the “Blue
Book”. [185]
The form and content of the Main Estimates
have been modified on only four occasions since Confederation: in 1938, 1970,
1981 and, most recently, in
1997. [186]
In each
instance, the impetus behind the reforms was a desire to improve the quality and
utility of the information provided to Members of Parliament. In 1938, the
Minister of Finance included in the Estimates, for the first time, a breakdown
of departmental operating costs by
function. [187]
Still
greater precision was introduced in 1970, when departmental expenditures were
linked to programs and activities. An explanatory forward clarifying the
technical terms used was added and, for the first time, the Blue Book was
printed in bilingual
format. [188]
As the scope of the federal government
widened and government operations grew increasingly complex, compressing all
government expenditure information into a single document became more and more
impractical. In 1981, following a comprehensive review of financial management
and accountability in the federal government, two new documents were introduced.
The old Blue Book became known as Part II, Estimates, and a new Part I
and Part III were
added. [189]
Part I
provided an overview of federal spending, along with information about planned
future activities which could not be included along with the annual
appropriations and statutory spending set down in the Blue Book. Part II
continued to list in detail the resources that individual departments and
agencies required for the upcoming year. Finally, Part III, the Departmental
Expenditure Plan, was a collection of separate books each providing
additional details about the programs and activities of a single department or
agency. The first Part IIIs were tabled with the 1982-83 Main
Estimates. [190]
In Chapter 6 of the 1992 Annual Report
to Parliament, the Auditor General addressed the issue of departmental
reporting. It was noted that much of the government’s financial activity
was not expressed as spending and, for this reason, not captured in the
information Members of Parliament used when considering and approving
Supply. [191]
In the
view of the Auditor General, information to Parliament should include a
description of the organization’s mission, its major lines of business,
the way it is structured, the instruments it uses, its strategic targets and
objectives for achieving the mission, as well as performance reports on the
extent to which these objectives have been
met. [192]
In 1997,
the House decided to undertake a pilot project to split the Part III
departmental expenditure plans into the Report on Plans and Priorities and the Performance Report. Beginning in fiscal year 1997-98, the
Part IIIs were replaced by two documents, the Report on Plans and
Priorities to be tabled on or before March 31 and the Performance
Report to be tabled in the
fall. [193]
The Report on Plans and Priorities describes a department’s (or agency’s) mandate, mission and
strategic objectives, and provides detailed information about the business line
structure, expected results and performance-measurement
strategy. [194]
The
reports are tabled in Parliament by the President of the Treasury Board on
behalf of the responsible
Minister. [195]
Performance Reports are individual departmental and agency accounts of
achievements, measured against planned performance expectations as set out in
their Report on Plans and
Priorities. [196]
These too are tabled by the President of the Treasury Board on the
Ministers’ behalf and referred to the appropriate standing
committee. [197]
With
regard to the Administration of the House of Commons, the annual Report on
Plans and Priorities, as well as the annual Performance Report, are
tabled in the House by the
Speaker. [198]
The Main Estimates for an incoming fiscal
year must be referred to the standing committees on or before March 1 of the
expiring fiscal year. The Estimates are presented by a Minister of the Crown,
normally the President of the Treasury Board, and are accompanied by a
recommendation from the Governor General, which the Speaker reads aloud in the
House. [199]
The Main
Estimates are typically referred to standing committees as soon as they are
tabled. [200]
Any
Minister may move a motion during Routine Proceedings that an item or items in
the Main Estimates be referred to any standing committee or committees; the
motion is decided without
debate. [201]
Interim Supply
Since the fiscal year begins on April 1 and
the normal Supply cycle only provides for the House to decide on Main Estimates
in June, the government would appear to be without funds for the interim three
months. For this reason, the House authorizes an advance on the funds requested
in the Main Estimates to cover the needs of the public service from the start of
the new fiscal year to the date on which the Appropriation Act based on the Main
Estimates of that year is passed. This is known as “Interim
Supply”, [202]
a
spending authority made available to the government pending approval of the Main
Estimates.
The government gives notice of a motion
setting out in detail the sums of money it will require, expressed in twelfths
of the amounts to be voted in the Main
Estimates. [203]
Most
are three-twelfths of the total amount, corresponding to the three-month hiatus
between the beginning of the new fiscal year and the final passage of the Main
Estimates, but the government may request
more. [204]
The motion
for Interim Supply is considered on the last allotted day of the period ending
March 26. Concurrence in the motion is followed by the consideration and passage
at all stages of an appropriation bill based on Interim Supply and authorizing
the prescribed withdrawals from the Consolidated Revenue
Fund. [205]
The
granting of Interim Supply does not necessarily constitute immediate House
approval for the programs to which it applies in the Main
Estimates.
Supplementary Estimates
Should the amounts voted under the Main
Estimates prove insufficient, or should new funding or a reallocation of funds
between Votes or programs be required during a fiscal year, the government may
ask Parliament to approve additional expenditures set out in Supplementary
Estimates. The government may introduce as many sets of Supplementary Estimates
in a year as it deems necessary, although the practice has been to limit such
requests to two or three.
The Supplementary Estimates are tabled as a
document in the same form as Part II of the Main Estimates. However, instead of
being expressed as summary Votes (i.e., where a Vote summarizes all the
anticipated disbursements in a particular expenditure category), each
Supplementary Estimate or Vote relates to a specific program or financial
transaction. The information included in the Supplementary Estimates will become
a Schedule in the subsequent Appropriation Act authorizing the prescribed
withdrawals from the Consolidated Revenue Fund.
As with the Main Estimates, each set of
Supplementary Estimates is presented normally by the President of the Treasury
Board and is accompanied by a recommendation from the Governor General, which
the Speaker reads aloud in the
House. [206]
Supplementary Estimates are referred to the relevant standing committees
immediately after their tabling in the
House. [207]
The
reference motion is moved by a Minister of the Crown during Routine Proceedings
and is decided without
debate. [208]
The
Supplementary Estimates must be reported back, or are deemed to have been
reported back, not later than three sitting days before the last allotted day,
or the last sitting day, of the Supply period in which they were
tabled. [209]
Final Supplementary Estimates
Where concurrence in final Supplementary
Estimates cannot be obtained before March 31 of the fiscal year to which they
relate, the Standing Orders provide for approval to be sought in the next Supply
period, which is the first Supply period of the subsequent fiscal year. In such
cases, three days will be added to the Supply period ending not later than June
23 to consider the motion that the House concur in those final Estimates for the
previous fiscal year and to pass at all stages any bill based
thereon. [210]
Dollar Items
Supplementary Estimates often include what
are known as “one dollar items”, which seek an alteration in the
existing allocation of funds as authorized in the Main Estimates. The purpose of
a dollar item is not to seek new or additional money, but rather to spend money
already authorized for a different purpose. Since “estimates” are
budgetary items, they must have a dollar value. However, because no new funds
are requested, the “one dollar” is merely a symbolic amount. Dollar
items may be used to transfer funds from one program to
another; [211]
to write-off debts; [212]
to adjust loan
guarantees; [213]
to authorize
grants; [214]
or to amend previous appropriation
acts. [215]
The inclusion of one dollar items in the
Estimates also gave rise to the issue of using Estimates to
“legislate” (i.e., Estimates going beyond simply appropriating funds
and attempting to obtain new legislative authority which would otherwise require
separate enabling legislation through the regular legislative process, outside
the Supply procedure). [216]
Prior to 1968, Supply procedures afforded
ample opportunity for the House to debate individual items in the Estimates.
Those of a legislative nature (virtually always “one dollar items”)
were regularly included in Appropriation
Acts. [217]
However,
this practice was not accepted readily by the House and Members did question the
regularity of these
items. [218]
The 1968
changes to the rules governing Supply, which provided for the abolition of the
Committee of Supply and the reference of Estimates to standing committees for
detailed study, had the effect of reducing significantly the time allocated for
the House to consider the Supplementary Estimates (where most dollar items are
found). Moreover, the Supplementary Estimates are often tabled fairly late in
the Supply period allowing relatively little time for committee consideration.
As a result, soon after the 1968 changes, the Speaker was called on increasingly
to decide questions concerning the admissibility of dollar
items. [219]
The rulings by Speakers of the House have clarified what is, and what is not,
procedurally acceptable in regard to dollar items.
Speakers have often indicated that Members
should take the initiative in bringing to the attention of the Chair any
procedural irregularities with regard to the
Estimates. [220]
They have also repeatedly asked that Members raise questions about the procedural
acceptability of Estimates as early as possible so that the Chair has time to
give “intelligent” consideration to these
questions. [221]
The Chair has maintained that Estimates
with a direct and specific legislative intent (those clearly intended to amend
existing legislation) should come to the House by way of an amending
bill. [222]
Speaker
Jerome stated in a ruling: “ … it is my view that the government receives
from Parliament the authority to act through the passage of legislation and
receives the money to finance such authorized action through the passage by
Parliament of an appropriation act. A supply item in my opinion ought not,
therefore, to be used to obtain authority which is the proper subject of
legislation.” [223]
He also said in a further ruling: “ … supply ought to be confined
strictly to the process for which it was intended; that is to say, for the
purpose of putting forward by the government the estimate of money it needs, and
then in turn voting by the House of that money to the government […]
legislation and legislated changes in substance are not intended to be part of
supply, but rather ought to be part of the legislative process in the regular
way which requires three readings, committee stage, and, in other words, ample
opportunity for Members to participate in debate and
amendment.” [224]
Consideration of Estimates in Committee
When the Estimates are tabled in the House,
they are referred to standing committees for
consideration. [225]
When a committee decides to consider Estimates, each budgetary item, or
“Vote”, is called, proposed and debated as a distinct motion. A Vote
can be agreed to (the budget item is approved),
reduced [226]
(but, as
the case may be, no lower than the amount already approved in interim supply) or
negatived [227]
(the budget item is not
approved). [228]
Calling a Vote is the mechanism by which the committee opens debate on the
program expenditures to which that Vote pertains. Committees considering
Estimates may invite witnesses to appear; these typically include the Minister,
departmental or agency officials, and interested individuals or
groups.
The discussion on Vote 1 in the Main
Estimates (generally departmental administration or operations) is traditionally
wide-ranging. Typically, questions on departmental policy are directed to the
responsible Minister; questions of a more technical or administrative nature may
be referred through the Minister to departmental officials. Chairs have
generally exercised considerable latitude in the nature of the questioning
permitted on Estimates. [229]
A committee may not increase the amount of
a Vote, change the destination of a grant or change the destination or purpose
of a subsidy, as this would exceed the terms of the royal recommendation and
infringe on the financial initiative of the
Crown. [230]
A committee may move to reduce a Vote by an amount equal to that set aside in the
Estimates for a program or activity to which the committee is
opposed. [231]
Members
cannot propose a motion to reduce a Vote by its full amount; the procedure is
simply to vote against the question, “Shall the Vote
carry?”
Statutory expenditures are provided for on
an ongoing basis by way of legislation other than the Appropriation Act and are
identified in the Main Estimates for information purposes
only. [232]
Motions or
recommendations respecting statutory expenditures listed in the Main Estimates
are not allowed, although questions requesting information are acceptable.
Statutory items may be modified only by way of amending
legislation.
Report to the House
A committee is under no obligation to
report the Estimates back to the House; however, in the case of Main Estimates,
committees that do not report are deemed to have done so on May 31 and, in the
case of Supplementary Estimates, they are deemed to have done so on the third
sitting day before the last allotted day or the last sitting day in the Supply
period. [233]
Where a
committee chooses to report on the estimates, the Chair, or any member of the
committee acting on behalf of the Chair, rises during “Routine
Proceedings”, when the Speaker calls “Presenting Reports from
Committees”, for the purpose of presenting the report.
The rules provide for one exception to the
May 31 reporting deadline for Main Estimates. The Leader of the Opposition may
give, not later than the third sitting day prior to May 31, notice of a motion
to extend the committee consideration of the Main Estimates of a named
department or
agency. [234]
The motion is deemed adopted when called under “Motions” during Routine
Proceedings on the last sitting day prior to May
31. [235]
Adoption of
the motion allows the committee to continue its consideration of Main Estimates
for that department or agency and to delay the presentation of its report for up
to 10 sitting days, but not later than the ordinary hour of daily adjournment on
the sitting day immediately preceding the final allotted day in the Supply
period. [236]
If the committee has not reported by this time, it is deemed to have done so. Where the
designated committee chooses to report, the Chair, or any member of the
committee acting on behalf of the Chair, may rise on a point of order, at any
time prior to the reporting deadline, and the House will revert immediately to
“Presenting Reports from Committees” for the purpose of receiving
the report. [237]
The report of a committee on Estimates
ought to correspond, both in its form and as to its substance, with the
authority with which the committee is
invested. [238]
As it is the Estimates which have been referred to the committee by the House, it is
the Estimates (as agreed to, reduced or negatived) which should be reported back
to the House. In making other substantive recommendations, the committee is
clearly going beyond the scope of its order of reference, which was to deal with
the Estimates. [239]
The Speaker has expressed strong reservations regarding the inclusion of
substantive recommendations in committee reports on
Estimates. [240]
A standing committee wishing to make substantive recommendations respecting the
Estimates which it has considered may do so under its permanent authority to
study and report on any matter relating to the mandate, management and operation
of the departments or agencies it oversees. [241]
A motion to
concur in a committee report on Estimates can only be considered on an allotted
day as part of the Business of
Supply. [242]
A committee may also report on the
expenditure plans and priorities in future fiscal years of the departments and
agencies whose Main Estimates are before the committee for consideration. [243]
Such reports
must be presented to the House not later than the last sitting day in June, as
provided for in the parliamentary calendar, and any concurrence motion can only
be considered by the House on an allotted
day. [244]
Concurrence in Estimates
The Estimates, as reported or deemed
reported by the standing committees, must be concurred in by the House in order
for the government to introduce the appropriation bill authorizing the necessary
withdrawals from the Consolidated Revenue Fund. Any motions to concur in
Estimates are proposed on the final allotted day of a Supply period, once the
proceedings related to an opposition motion are completed. In a normal Supply
cycle, concurrence motions would occur as
follows: [245]
- On the last allotted day in the
Supply period ending December 10, a motion or motions to concur in Supplementary
Estimates would be considered, if any were tabled by the government during the
period;
- On the last allotted day in the
Supply period ending March 26, a motion or motions to concur in Supplementary
Estimates would be considered first, if any were tabled by the government during
the period, followed by a motion to concur in Interim Supply for the next fiscal
year;
- On the last allotted day in the
Supply period ending June 23, a motion or motions to concur in the Main
Estimates would be considered first, followed by a motion or motions to concur
in Final Supplementary Estimates relating to the preceding fiscal year and a
motion or motions to concur in Supplementary Estimates for the current fiscal
year, if any were tabled by the government during the period.
A motion to concur in the Main or
Supplementary Estimates is a motion to concur in the Estimates as reported or
deemed reported by the standing committees. The government, usually through the
President of the Treasury Board, will give 48 hours’ written notice of a
motion or motions to concur in the
Estimates. [246]
Should a committee have reduced or negatived a Vote or Votes in those Estimates,
the government may move that they be restored or
reinstated. [247]
Forty-eight hours’ written notice is also required for any motions to
restore or reinstate Estimates which have been reduced or negatived in
committee. [248]
Furthermore, any Member may give notice to
oppose any item in the Estimates before the House: such items are then referred
to as “opposed items” in the Estimates. The notice period for
opposed items is 24 hours in the Supply periods ending December 10 and March 26,
and 48 hours in the Supply period ending June
23. [249]
Members give
notice of opposed items to express opposition to the total amount of a
Vote [250]
or to a specified portion of that
amount. [251]
A notice to oppose an item in the Estimates is not a
motion. [252]
Because
the government may propose in one motion the concurrence in all the Votes in the
Estimates, [253]
the notice to oppose an item is rather a mechanism by which Members force the
government to propose a separate motion for the concurrence in each Vote that is
the subject of total or partial
opposition. [254]
The wording of the general concurrence motion is then changed to exclude those
Votes. [255]
On one occasion, Members who had filed notices of opposed items in the Estimates
informed the Clerk of the House that they did not wish to proceed with their
notices. Thus, the separate motions were not put to the House, and the Votes
that had been opposed were reintegrated in the general concurrence
motion. [256]
On the last allotted day of each Supply
period, once the proceedings on the opposition motion are completed, motions to
restore or reinstate Votes in the Estimates are considered first, followed by
motions to concur in each of the Votes for which a notice of opposition has been
given, and the motion to concur in altogether the remaining unopposed
Votes [257]
before
proceeding to the appropriation bill based on those Estimates. For that purpose,
the House may sit beyond the normal hour of adjournment for that
day. [258]
In principle, all the motions are debatable
and amendable. [259]
However, in practice, on the last allotted day in each of the Supply periods
ending December 10 and March 26, the debate on the opposition motion, which has
precedence over all government motions to dispose of the Business of Supply,
continues throughout the day and is interrupted by the Speaker at 15 minutes
before the time provided for Government Orders expires. At that time, all the
motions, starting with the opposition motion, are decided in sequence without
further debate or
amendment. [260]
On the last allotted day in the Supply
period ending June 23, unless previously disposed of, at 6:30 p.m., the Speaker
interrupts the proceedings on the opposition motion. If the opposition motion is
not a motion that must come to a vote, proceedings on the motion expire at the
conclusion of the debate and the House proceeds to consider a motion or motions
relating to the Main
Estimates. [261]
If the opposition motion is a motion that must come to a vote, the Speaker must put
forthwith and without further debate or amendment, every question necessary to
dispose of the proceedings and any recorded division requested is deferred to
the end of the consideration of a motion or motions relating to the Main
Estimates. [262]
At 10:00 p.m., the Speaker must interrupt any proceedings then before the House,
proceed first to the taking of any deferred division or divisions necessary to
dispose of the opposition
motion, [263]
as the case may be, and subsequently put forthwith, without further debate or
amendment, every question necessary to dispose of the motion or motions relating
to the Main Estimates. Immediately thereafter, the Speaker must put successively
and without debate every question necessary to dispose of any business relating
to the final Estimates for the preceding fiscal year or for any Supplementary
Estimates, the restoration or reinstatement of any Vote in the final or
Supplementary Estimates, or any opposed item in the final or Supplementary
Estimates.
The Supply Bill or Appropriation Act
Concurrence in the Estimates or in Interim
Supply is an order of the House to bring in an appropriation bill or bills
giving effect to the spending authority (amounts and their destinations) that
the House has
approved. [264]
Once adopted, the legislation will authorize the government to withdraw from the
Consolidated Revenue Fund amounts up to, but not exceeding, the amounts set out
in the Estimates for the purposes specified in the Votes.
Supply bills must be based on the Estimates
or Interim Supply as concurred in by the
House. [265]
They bear
the standard title: An Act for granting to Her Majesty certain sums of money for
the public service of Canada for the financial year ending March 31 (year). [266]
They begin with a preamble which cites both the message from the Governor General
recommending the Estimates to the House, and the purpose of the Estimates, which
is “to defray certain expenses of the public service of Canada, not
otherwise provided for” for a specified fiscal year. The Chair has
cautioned that an Appropriation Act gives authority only for a single year and
is therefore not appropriate for expenditure which is meant to continue for a
longer period, or
indefinitely. [267]
On one occasion, Speaker Parent expressed strong reservations about the reference
to two fiscal years in the long title of a Supply
bill. [268]
He qualified the reference as “not needed” and
“misleading”. Although a separate statute may grant a government
agency legislative authority to carry the unexpended balance of money
appropriated for a fiscal year over to the end of the following
year, [269]
the appropriation itself is and must be for one year only and not be referred to as
a multi-year appropriation.
The destinations and the amounts
attributable to each spending item, or Vote, are set out in the schedules
attached to each bill. These provide the governing conditions under which
expenditures may be made. The schedules are organized alphabetically, by
department, in both the English and French versions of the
bill. [270]
Supply bills are considered on the last
allotted day in each Supply period, at the end of the day, after the Speaker has
interrupted the proceedings on the opposition motion or the Main Estimates, as
the case may be, in order for the House to go through all the remaining steps to
complete the Business of Supply for the period. At that time, the House must
proceed through all the motions related to the Estimates, the Interim Supply and
the Supply bills without further debate or
amendments. [271]
As all bills are printed and made available once they have received first reading,
Members would not normally be made aware of the content of the Supply bills
until late in the day, at a time when the proceedings are dealt with
expeditiously in the House. To compensate for this lack of time, the practice
established in recent years is therefore to allow for an early distribution of
the draft copy of the bills to Members at the beginning of the Supply
proceedings on that day. The House invariably gives its consent to that special
arrangement. [272]
Like all public bills, Supply bills are
“read” twice, considered in committee, and read a third time before
going to the
Senate. [273]
Because
concurrence in the Estimates or in Interim Supply is an order of the House to
bring in the appropriation bill, first reading proceeds forthwith, without the
formality of introduction, and a motion is proposed that it be read a second
time and referred to a Committee of the
Whole. [274]
Although, theoretically, a Supply bill is
debatable, and therefore amendable, at all stages after first reading, it
generally passes without debate or amendment on the last allotted
day. [275]
However, if time for debate were to remain on that day, and debate were
to occur at the
second and third reading stages of the bill, speeches would be limited to 20
minutes, followed by a period not exceeding 10 minutes for questions and
comments. [276]
In a Committee of the Whole, the bill is considered clause by clause and then
reported back to the
House. [277]
It is at
the Committee of the Whole stage that a Member of the opposition usually seeks
assurance from the President of the Treasury Board that the Supply bill is in
its usual form. [278]
Bills reported from a Committee of the Whole are concurred in without debate or
amendment. [279]
Once
the bill has been read the third time, it is forwarded to the Senate, where it
must be given a further three readings before receiving Royal Assent and
becoming law.
Normally, bills which have passed in both
Houses of Parliament are held by the Clerk of the Parliaments (the Clerk of the
Senate) until the Governor General (or a deputy) grants them Royal Assent.
However, because the granting of Supply is a prerogative of the House of
Commons, Supply bills are always returned to the House and taken by its Speaker
to the Senate Chamber to receive Royal Assent. The Speaker, as spokesperson for
the House, assembles with Members from the House of Commons, at the bar of the
Senate Chamber. The Speaker addresses the Crown’s representative,
saying:
May it please Your Excellency
(Honour [280]):
The Commons of Canada have voted Supplies required to enable the Government to
defray certain expenses of the public service. In the name of the Commons, I
present to Your Excellency (Honour) the following Bill: (title), To which Bill I
humbly request Your Excellency’s (Honour’s)
Assent.
The Speaker presents the bill to the Clerk
of the Senate who reads out the title of the bill, to which the Governor General
(or a deputy) nods consent. The Royal Assent is then pronounced by the Clerk of
the Senate in the following words:
In Her Majesty’s name, (the
Honourable the Deputy to) His/Her Excellency the Governor General thanks Her
Loyal Subjects, accepts their benevolence, and assents to this
Bill.
The Journals of the House of Commons
carries the text of the Speaker’s address, together with the response from
the Crown’s representative in granting Assent, and the title of the
bill. [281]
Deviations from Supply Cycle
From time to time, circumstances may
require a deviation from the normal Supply process and cycle. For example,
because of an unscheduled adjournment or a prorogation or disolution of
Parliament, the Main Estimates might not be tabled and referred to standing
committees before the March 1 deadline, or the Interim Supply or the Main
Estimates might not be concurred in by the June 23 deadline. In those cases, the
Standing Order provisions relating to the Business of Supply no longer apply
(such as those respecting the timetable for the tabling of Estimates, their
reference to standing committees and their return to the House, the concurrence
motions and the appropriation bills).
Such situations may be dealt with by
temporarily suspending the relevant Standing Orders. There may be an arrangement
worked out between the government and the opposition parties to finalize Supply
as expeditiously as possible. Typically, this involves adopting a special
order [282]
which, depending on the situation, might address the following matters: length of
Supply period; [283]
number of allotted days in the
period; [284]
number of votable opposition
motions; [285]
committee referral and reporting date for Main or Supplementary
Estimates; [286]
date of concurrence in
Estimates; [287]
and debating time allotted to the appropriation
bill. [288]
Where the government feels that there is a
matter of urgency and it cannot wait until the end of a Supply period, it may
use its own time to consider the Estimates. The Standing Orders specifically
provide a mechanism in the event of an emergency where a motion to concur in the
Estimates and the subsequent appropriation bill may be taken under
“Government Orders” and not on days allotted for
Supply. [289]
The concurrence motion and the bill are then treated like any other item of
government business and are therefore debatable. There is no automatic time
limit on the debate and the days used for that purpose are not considered as
allotted days and may not be deducted from the number of days allocated to the
Business of
Supply. [290]
Apart from these two exceptions, the rules respecting the consideration of Supply
under Government Orders are the same as those governing proceedings on any
allotted day. [291]
Borrowing Authority
Borrowing powers are needed by the
government to cover any shortfall between its revenues and its expenditures. The
government borrows principally by issuing treasury bills, marketable bonds and
Canada Savings Bonds, on domestic and foreign markets. The Financial
Administration Act states: “No money shall be borrowed or security
issued by or on behalf of Her Majesty without the authority of
Parliament”, [292]
and the authority to borrow sufficient new money to cover estimated financial
requirements, together with a margin for contingencies, is normally sought and
granted early on in the financial cycle for each new fiscal
year. [293]
These
requests refer to new authority to borrow, since the Financial Administration
Act already authorizes borrowing for the purpose of refinancing maturing
debt. [294]
Unused
borrowing authority lapses at the end of a fiscal year and must be replaced by
new authority.
The government borrows when there is a
shortfall between its expenditures, as authorized by Parliament in the Main and
Supplementary Estimates and in Interim Supply, and its revenues, whose projected
levels are also approved by Parliament. Prior to 1975, it was the custom to
include requests for borrowing authority in one of the first appropriation or
Supply bills of a new fiscal year. Where circumstances necessitated increasing
the level of borrowing authority, the increases were sought by way of subsequent
appropriation bills, such as appropriation bills enacting Supplementary
Estimates or Interim Supply. The primary justification for including new
borrowing authority in an appropriation act was the contention that borrowing
powers to cover any shortfall between revenues and expenditures should be
authorized relatively automatically, given that both the shortfall and the
borrowing requirements were a consequence of actions already approved by
Parliament.
The 1968 changes to Supply procedures made
the inclusion of borrowing authority in appropriation bills
problematic. [295]
The
revised process usually offered no opportunity for Members to debate the
borrowing provisions; the borrowing clause was not part of the Estimates, which
were discussed in standing committees, and the Supply bills containing the
borrowing clauses were generally passed without debate. In 1975, the Speaker
ordered a borrowing clause struck from a Supply bill related to Supplementary
Estimates on the grounds that, under the rules, its inclusion in a Supply bill
based on Supplementary Estimates virtually precluded discussion of the borrowing
provisions. [296]
Later, in 1981, the Speaker found no objection to including a request for
borrowing authority in a tax bill based on a Ways and Means motion, provided
that the government also gave the regular 48 hours’ notice for the
introduction of a bill in order to cover the borrowing
provisions. [297]
Borrowing authority is now sought by way of
a bill which follows the normal legislative process, with the exception that
debate at second reading is limited to a maximum of two sitting
days. [298]
The recent practice has been for the government
to introduce borrowing authority legislation, if required, either when the
Budget is presented or shortly
thereafter. [299]
In
theory, if additional borrowing requirements are needed to deal with unforeseen
circumstances, then a Supplementary Borrowing Authority Bill would be
introduced.
Governor General’s Special Warrants
In a very special circumstance, the
Financial Administration Act allows the Governor in Council to ask the
Governor General to issue a Special
Warrant [300]
permitting the government to make charges not otherwise authorized by Parliament
on the Consolidated Revenue Fund, provided that the following conditions are
met: [301]
- Parliament is dissolved;
- A Minister has reported that an expenditure is urgently required for the public good; and
- The President of the Treasury Board has reported that there is no appropriation for the payment.
This provision of the Act makes it possible
for the government to continue its work during a dissolution. Special Warrants
may be used only from the date of dissolution until 60 days following the date
fixed for the return of the writs after a general election. Furthermore, no
Special Warrants may be issued during that period if Parliament stands
prorogued. [302]
The Financial Administration Act
requires that every Special Warrant be published in the Canada Gazette
within 30 days of its issue. Notification of the amount authorized under such a
Warrant must also be tabled in the House within 15 days of the commencement of
the next Session of
Parliament [303]
and
authorization must be included retroactively in the first Appropriation Act
passed in that Session.
The Business of Ways and Means
The business of “Ways and
Means” is the process by which the government sets out its economic policy
through the presentation of a Budget and obtains parliamentary approval to raise
the necessary revenues through taxation. The most important revenue-raising
statutes (i.e., those which replenish the Consolidated Revenue Fund) are the
Income Tax Act, the Excise Tax Act, the Excise Act and the
Customs Tariff.
A principle fundamental to the Ways and
Means process is the requirement that taxation originate in the House of
Commons. The Constitution Act, 1867, provides that “Bills for
appropriating any Part of the Public Revenue, or for imposing any Tax or Impost,
shall originate in the House of
Commons”, [304]
a requirement echoed in the Standing Orders of the
House. [305]
There are two types of Ways and Means proceedings:
- the debate on a motion to approve in general the budgetary policy of the government (the Budget presentation
followed by the four-day ensuing debate); and
- the consideration of legislation (bills based on Ways and Means motions already approved by the House) which
imposes a tax or other charge on the taxpayer.
A Ways and Means motion proposes that a
particular financial measure be considered by the House. For a Budget, the
motion seeks to approve the budgetary policy of the government; for legislation,
the motion sets out the terms and conditions of the proposed measures, most
notably the rates and incidence of taxation. While a Budget is normally followed
by the introduction of Ways and Means bills, such bills do not have to be
preceded by a Budget presentation. Generally, taxation legislation can be
introduced at any time during a session; the only prerequisite being prior
concurrence in a Ways and Means motion.
The Crown, on the advice of its responsible
Ministers, initiates all requests to impose or increase a tax on the public and
the House either grants or withholds its
consent. [306]
A Ways
and Means motion may therefore only be moved by a Minister of the Crown. Once
adopted, a Ways and Means motion forestalls the passage of any amendment that
would infringe on the financial initiative of the Crown. [307]
Ways and Means Proceedings (1867-1968)
Initially, the business of Ways and Means
involved the consideration and authorization of measures to raise revenue and
measures to appropriate, or set aside, from the Consolidated Revenue Fund, the
funds approved in the Estimates by the Committee of
Supply. [308]
Ways and
Means procedures remained essentially unchanged for the first hundred years
following Confederation. Measures were proposed in the form of resolutions, each
of which had to be debated and adopted formally in the Committee of Ways and
Means, then reported to the House. Once reported, the resolutions were read a
first and second time and agreed to, before being embodied in one or more bills
which then passed through the same legislative stages as other
bills. [309]
Over the years, the major business of Ways
and Means became the consideration and adoption of resolutions emanating from
the Budget speech. However, the financial statement by the Minister of Finance,
and opposition responses, could hardly be termed a debate. On a designated day,
the Minister of Finance would rise in the Chamber and address the House on the
“financial condition of the Dominion”. Once the opposition had been
given an opportunity to reply, the House would go into the Committee of Ways and
Means and consider any resolutions respecting taxation or tariffs which the
Minister had proposed in the Budget. At first, consideration of the Budget
speech and consequential Ways and Means resolutions accounted for only a small
proportion of the work of the Committee; the bulk of its time was occupied with
appropriating the funds voted under Supply. Gradually, however, the financial
statement evolved into a major political event. Debate on the Budget lengthened
as the opposition used it both to challenge the government’s financial
policy and, through the use of amendments, to draw attention to specific
government actions and programs.
For many years after Confederation, the
Minister of Finance followed no established procedure when presenting the
Budget. Sometimes, the presentation was made on the motion for the House to
resolve itself into the Committee of
Supply [310]
and, on
other occasions, while the House was sitting as the Committee of Ways and
Means. [311]
From 1912
to 1968, the Budget statement was presented on the motion for the House to
resolve itself into the Committee of Ways and Means. As with Supply, the motion
for the Speaker to leave the Chair to go into the Committee of Ways and Means
was debatable, amendable and not subject to time limitations. This meant that
Budget proposals were debated initially on the motion to resolve into the
Committee of Ways and Means, debated in the form of resolutions in the
Committee, debated when the resolutions were reported to and read in the House,
and debated again as bills passed through the normal legislative process. This
practice was not modified until 1913, at which time the House resolved that,
when the order was read to consider Ways and Means on a Thursday or a Friday,
the motion for the Speaker to leave the Chair would be decided without debate or
amendment.
Following changes to the Standing Orders in
1955, [312]
there was
no longer any debate on the motion for the Speaker to leave the Chair for the
House to go into the Committee of Ways and Means, except on occasions when a
Budget was to be presented. In such cases, the motion, together with any
amendments, could be debated for a total of eight sitting days. Any
sub-amendment would be disposed of on the fifth day of debate; any amendment on
the seventh. [313]
In
the early 190s, the House further limited the Budget debate to six
days, [314]
with the
sub-amendment and amendment disposed of on the second and fourth day,
respectively. Speeches, with the exception of those of the Minister of Finance,
the Prime Minister, the Leader of the Opposition and the Member speaking first
on behalf of the opposition, were limited to 30 minutes; the Member moving the
sub-amendment could speak for 40 minutes. [315]
Before the 1968 changes to the Standing
Orders, tax changes could only be introduced in a Budget. Most felt this
procedure was ill-suited to the modern context in which government saw fiscal
policy as its prime instrument for influencing economic activity and needed the
flexibility to respond quickly to changing economic
conditions. [316]
Ways and Means Proceedings (1968 to Present)
In 1968, the House agreed to abolish the
Committee of Ways and
Means, [317]
to do
away with the Committee’s role in considering resolutions to authorize any
withdrawals from the Consolidated Revenue Fund following the adoption of Supply,
and to eliminate the repetitive process of debating Budget proposals initially
on the motion to resolve into the Committee of Ways and Means, again
in the Committee of Ways and Means, and yet again during the various
stages of the bills subsequently
introduced. [318]
Ways
and Means bills, however, continued to be considered in a Committee of the Whole
until 1985. [319]
As a result of these changes, the Budget
debate takes place on a generally worded motion respecting the budgetary policy
of the government. Ways and Means motions (proposals respecting changes to
government revenues) resulting from the Budget are proposed to the House once
the Budget debate has concluded and are decided without debate or amendment.
Detailed consideration of the proposed Ways and Means measures takes place only
during the debate on the bills brought forward to implement
them. [320]
In 1982, the time limit for all Members
speaking on the Budget motion, except the Minister of Finance, the Member
speaking first on behalf of the Opposition, the Prime Minister and the Leader of
the Opposition, was reduced from 30 to 20 minutes and a 10-minute period for
questions and comments was set aside following each 20-minute
speech. [321]
In 1991,
the total number of sitting days allocated to the Budget debate was reduced from
six to four. [322]
The Budget
The term “budget” derives from
Budge, an anglicized form of the French word Bouge, which denotes a small bag. A
1733 satirical pamphlet, The Budget Opened, caricatures Sir Robert
Walpole,then British Prime Minister and Chancellor of the Exchequer,
“explaining his financial measures as a quack doctor opening a bag filled
with medicines and charms”. [323]
The term
“budget” appears to have acquired its current meaning around this
time.
By tradition, the Minister of Finance
annually makes a formal Budget presentation, offering a comprehensive assessment
of the financial standing of the government and giving an overview of the
nation’s economic
condition. [324]
The
Minister also declares if and where the burden on the taxpayer will be increased
or reduced.
The Budget Speech
Whenever the government wishes to make a
Budget presentation, a
Minister [325]
will
rise in the House to request that an Order of the Day be designated for this
purpose; the Minister will also specify the date and time of the
presentation. [326]
Traditionally, the Minister of Finance makes the announcement during “Oral
Questions” in the House, in response to a question from a Member of the
Official
Opposition. [327]
However, a Minister may do so at any time while the House is sitting. The
Minister’s announcement has been deemed to be the request that a day be
designated pursuant to the requirements of the Standing Orders; no notice is
required. The Order of the Day is also deemed to be an Order of the House to sit
beyond the ordinary hour of daily adjournment if
required. [328]
At the specified time on the designated
day, typically in the late afternoon after the financial markets have closed,
the Speaker interrupts any proceedings then before the House, which are deemed
adjourned, [329]
and
the House proceeds to the consideration of the Order of the Day for the Budget
presentation. The Minister of Finance then rises in the House to move a Ways and
Means motion, “That this House approves in general the budgetary policy of
the
Government” [330]
and to deliver the Budget speech. The Minister may also table notices of Ways
and Means motions setting out the various taxation and other financial measures
that will be needed to implement the Budget provisions and ask that an Order of
the Day be designated for the consideration of each of these motions. However,
concurrence in any of these motions, or of any Ways and Means motions tabled at
any other time during the session, may not be proposed until the Ways and Means
proceeding on the Budget itself is completed. This is to allow the House to
pronounce itself on the budgetary policy of the government before considering
any taxation measures. [331]
Convention dictates that taxation proposals
are effective as soon as the Minister tables a notice of a Ways and Means
motion, even though the government’s taxation plans have not yet been officially
adopted by way of
legislation. [332]
Budget Secrecy
There is a long-standing tradition of
keeping the contents of the Budget secret until the Minister of Finance actually
presents it in the House. Respect for a Budget’s impact on financial
markets has often been used as the basis of questions of privilege or points of
order respecting the validity of Budget proceedings where there has been a
Budget
“leak”. [333]
However, Speakers of the Canadian House have maintained that secrecy is a matter
of parliamentary convention, rather than one of
privilege. [334]
Speaker Sauvé noted that while a breach of Budget secrecy “ …
might have a very negative impact on business or on the stock market [and] might
cause some people to receive revenues which they would not otherwise have been
able to obtain … [it has] no impact on the privileges of a member. [It] might
do harm — irrevocable in some cases — to persons or institutions, but
this has nothing to do with privilege. It has to do with the conduct of a
Minister in the exercise of his administrative
responsibility.” [335]
In order that Members of Parliament and the news media are able to respond to
the Budget speech, a closed-door informal session, or “lock-up”, is
usually provided for Members of Parliament and the news media by Finance
Department officials several hours before the actual Budget presentation in the
House. [336]
Although
questions of privilege have been raised concerning lock-ups, the Speaker has
ruled that admission to lock-ups and the nature of lock-ups are not a matter for
the Chair to decide. [337]
Pre-Budget Consultations
With a growing emphasis on consultation,
many of the Budget’s financial provisions have been discussed publicly
before the Budget is ever
drafted. [338]
Since
1994, the Standing Committee on Finance has been specifically empowered to hold
“pre-budget”
consultations. [339]
Prior to this, only the Minister and the Department of Finance had consulted
with the government’s economic and social partners during the Budget
preparation process. The Finance Committee already had the authority to
undertake this type of consultative
study. [340]
However,
the inclusion of an explicit Standing Order for this purpose indicates the
House’s willingness to receive and consider a report on the matter. Under
the Standing Orders, the Committee may report the outcome of its budgetary
consultations to the House up to and including the tenth sitting day prior to
the last scheduled sitting day in December as provided for in the parliamentary
calendar. [341]
Although there is no requirement for the House to do so, on each occasion that a
report has been presented, either the report itself, or the subject matter of
the consultations, became the object of a debate in the Chamber. The practice
has been that a special “take note” debate is held under Government
Orders some time before the Budget is actually
presented. [342]
Financial Statement
On occasion, the Minister of Finance has
also made an economic statement to the House, generally referred to as a
“mini-budget”. Unlike a Budget presentation, these statements were
delivered without notice and did not precipitate a Budget debate. Notices of
Ways and Means motions have also been tabled on these occasions. Such statements
have been made in the course of debate during consideration of the Address in
Reply to the Speech from the
Throne, [343]
on a
motion to adjourn the House for an emergency
debate, [344]
during
Routine Proceedings under “Statements by
Ministers”, [345]
and on moving the motion for second reading of a borrowing authority
bill. [346]
The rules
of debate pertinent to each situation have
applied. [347]
The Budget Debate
At the conclusion of the Budget
presentation, [348]
the Speaker recognizes a representative of the Official Opposition, usually the
finance critic, who, after a brief speech, moves the adjournment of the debate,
which is then deemed adopted. In doing so, that Member reserves the right to
speak first when debate on the motion resumes at a subsequent sitting. The
Speaker then adjourns the House until the next sitting
day. [349]
Duration of Debate
Once the Budget has been presented, the
Standing Orders provide for a maximum of four additional days of debate on the
Budget motion and any amendments proposed
thereto. [350]
The
four days of debate do not have to be
consecutive [351]
and,
if few Members wish to speak, the debate can be less than four days. The unused
days may be added, if the House so agrees, to the number of opposition days in
the same Supply period, as suggested by the Standing
Orders. [352]
Since the rule changes in 1955, there have
been seven cases where Budget debates have not continued for the full amount of
time provided for in the Standing
Orders. [353]
In 1962,
the Budget was presented and Parliament was dissolved before any debate on the
Budget could take
place. [354]
The House
adopted Special Orders providing for fewer days of debate in 1966 and
1969. [355]
Another
two debates (in 1974 and 1979) were cut short when the Prime Minister sought and
was granted a dissolution of Parliament after sub-amendments were
adopted. [356]
In
early 1991, when the Standing Orders required that there be six days of debate,
only four days of debate were held on the Budget presented on February 26; both
the amendment and the sub-amendment were negatived and debate on the main motion
was not resumed before prorogation occurred in
May. [357]
In 1993,
only two days of debate took place on the Budget presented on April 26; the
sub-amendment was negatived and debate on the amendment and the main motion was
not resumed before dissolution occurred in September
1993. [358]
Precedence of Debate
In 1955, the House established that debate
on the Budget motion should be given precedence over all other
orders. [359]
When an
Order of the Day is called for resuming debate on the Budget motion, pursuant to
the Standing Orders it stands as the first item of business for the sitting and
no other government business may be considered during that sitting, unless the
proceedings on the Budget motion are
completed. [360]
Length of Speeches
The Minister of Finance, the Prime
Minister, the Member speaking first on behalf of the Opposition and the Leader
of the Opposition have unlimited speaking time and their speeches are not
followed by a 10-minute questions and comments
period. [361]
All
other Members may speak for not more than 20 minutes with their speeches subject
to a 10-minute period for questions and comments. The general nature of the
Budget motion allows for a wide-ranging debate, during which the rules of
relevance are generally relaxed.
Disposal of Amendments and Termination of Debate
Only one amendment and one sub-amendment
may be proposed to the Budget
motion. [362]
This is
contrary to the usual rules of debate where Members are permitted to move an
unlimited number of amendments and sub-amendments, provided that each one has
been disposed of before the next is proposed. On the first day of resumed debate
on the Budget motion, the Opposition speaker who had previously moved the
adjournment of the Budget debate continues with his or her speech and
traditionally moves an amendment at the end of the speech. The next speaker, a
Member of the next largest opposition party, typically moves a sub-amendment at
the end of his or her speech. Occasionally, no sub-amendment is
proposed. [363]
There
is no rule preventing the amendment or the sub-amendment from being moved on a
day after the first day of resumed debate (although this has not occurred since
the number of days of resumed debate was reduced to four in
1991). [364]
The Standing Orders define the exact
procedures to be followed for the disposal of the amendment and sub-amendment.
On the second day of resumed debate, if a sub-amendment has been proposed, the
Speaker will interrupt the proceedings 15 minutes before the expiry of time
provided for government business to put the question to dispose of the
sub-amendment. [365]
On the third day of resumed debate, the Speaker will interrupt the proceedings,
as on the second day, and put the question on the amendment under
consideration. [366]
Finally, on the fourth day of resumed debate, unless the debate has been
previously concluded, the Speaker will likewise interrupt the proceedings to put
the question on the main
motion. [367]
During
the 1970s, the main motion was frequently adopted on
division, [368]
but
since the 1980s, with one
exception, [369]
Members have requested recorded divisions.
Budget Presentation and Debate
Budget Presentation |
Budget Debate Maximum of 4 days |
Day 1 |
Day 2 |
Day 3 |
Day 4 |
Minister of Finance makes presentation normally in late afternoon
|
Amendment and sub-amendment normally moved
|
Sub-amendment — question put 15 min. before the end of Government Orders
|
Amendment — question put 15 min. before the end of Government Orders
|
Main motion — question put 15 min. before the end of Government Orders
|
As with amendments moved to the Address in
Reply to the Speech from the Throne, proposed amendments to the Budget motion
are opportunities for expression of non-confidence in the government. On several
occasions since 1930, proposed amendments to the Budget motion have been worded
as explicit statements of non-confidence in the
government. [370]
In
two cases in the 1970s, the adoption of amendments was followed by the Prime
Minister seeking a dissolution of
Parliament. [371]
The Legislative Phase
The legislation required to give effect to
taxation proposals, whether outlined in a Budget or initiated independently of a
Budget during the course of a session, must go through a unique preliminary step
in the legislative process. The House must first adopt a Ways and Means motion
before a bill which imposes a tax or other charge on the taxpayer can be
introduced. Charges on the people, in this context, refer to new taxes, the
continuation of an expiring tax, an increase in the rate of an existing tax, or
an extension of a tax to a new class of taxpayers. Industry levies and service
fees imposed by departments do not constitute charges on the people in the
context of Ways and
Means. [372]
Legislative proposals which are not intended to raise money but rather to reduce
taxation need not to be preceded by a Ways and Means motion before being
introduced in the House. [373]
Ways and Means Motions
Before taxation legislation can be read a
first time, a notice of a Ways and Means motion must first be tabled in the
House by a Minister of the Crown; this may be done at any time during a
sitting. [374]
On the
day the notice is tabled or at some other time during the session, a Minister of
the Crown may make a request to the Speaker that an Order of the Day be
designated for the consideration of the motion at a subsequent sitting, that is,
to put it on the Order
Paper. [375]
Although there are virtually no restrictions on when a notice can be tabled, a
Ways and Means motion cannot be moved during the same sitting in which the
notice is
tabled, [376]
or when
the Ways and Means proceedings regarding the Budget have yet to be
completed. [377]
When
the Order of the Day is called, a Minister moves that the motion be concurred
in. The motion for concurrence must then be decided immediately without debate
or amendment. [378]
The adoption of a Ways and Means motion stands as an order of the House either
to bring in a bill or bills based on the provisions of that motion or to propose
an amendment or amendments to a bill then before the
House. [379]
Ways and Means motions can be expressed in
general terms, [380]
or be very specific, as in the form of draft
legislation. [381]
In
either case, they establish limits on the scope — specifically tax rates and
their applicability — of the legislative measures they propose. Neither the
provisions of a Ways and Means bill nor any amendment subsequently proposed to
the bill may exceed the limits imposed in the Ways and Means motion. In
particular, they may not increase the amount of a tax or extend the incidence of
a tax or the applicable tax
base. [382]
Should
this occur, either a new Ways and Means motion must be adopted authorizing the
exceptions before those provisions may be considered in committee, or the
offending provisions must be amended to conform to the resolution on which the
bill is based. [383]
To proceed otherwise would infringe on the financial initiative of the Crown in
taxation measures. “The terms of the Ways and Means motion are a carefully
prepared expression of the financial initiative of the Crown and frequent
departures from them can only invite deterioration of that most important
power.” [384]
When a new Ways and Means motion is required, it must also be adopted rather
than simply
tabled. [385]
Should a
bill be found not to conform to the provisions of a Ways and Means motion, a new
motion will be required before the non-conforming provision can be considered
and a decision taken. [386]
A Ways and Means motion often refers to
more than one legislative proposal; it can encompass more than one provision in
a bill and may seek to introduce more than one bill or a bill amending more than
one statute. There are essentially no procedural restrictions on the
motion’s wording or
content. [387]
Ways and Means Bills
Concurrence in a Ways and Means motion
constitutes an order to bring in a bill or bills based on the provisions of the
motion. [388]
A Ways
and Means bill must be “based on” but not necessarily
“identical to” the provisions of its Ways and Means
motion. [389]
Such a
bill can then be read the first time and ordered to be printed, immediately
after the motion is concurred in or at a subsequent sitting of the
House. [390]
From this
point on, the legislative steps for Ways and Means bills are exactly the same as
those followed for other public
bills. [391]
Like all
tax measures, bills imposing a charge upon the people, and thereby requiring a
Ways and Means motion, must originate in the House of
Commons. [392]
Amendment in Committee and at Report Stage
No amendment may be proposed to the text of
a bill until the bill is considered in committee. Amendments to Ways and Means
bills are subject to the normal rules respecting
legislation. [393]
Amendments which exceed the scope of the motion on which the bill is based are
procedurally unacceptable unless a new Ways and Means motion is concurred in
prior to the amendment being
moved. [394]
Since
Ways and Means motions may only be proposed by a Minister of the Crown, and
since Ministers do not usually sit on committees, any amendment exceeding the
provisions of the authorizing Ways and Means motion may only be proposed and
considered at report stage. If the House has concurred in the required Ways and
Means motion prior to the bill reaching report stage, the Minister may put
amendments on notice and they will be considered with any other report stage
amendments. If the debate at report stage has begun before the required Ways and
Means motion has been concurred in, the Minister will require the House’s
consent to table and decide on the Ways and Means motion and to proceed to
consider the amendments.
Ways and Means Bills Requiring a Royal Recommendation
If a bill based on a Ways and Means motion
also contains provisions relating to government expenditure, the bill will also
require a royal
recommendation. [395]
In such cases, the House must both adopt the Ways and Means motion authorizing
the government to proceed with the taxation measures, and give leave, after the
normal 48-hour notice period, to introduce those spending provisions which are
subject to the royal recommendation, before proceeding to the first reading of
the bill. [396]
In the event that the notice requirements
for the royal recommendation are not met, the offending bill must be withdrawn
and the order for second reading of the bill discharged and removed from the
Order Paper; this would not affect the validity of any Ways and Means
motion previously concurred in by the
House. [397]
The Accounts of Canada
The financial role of the House of Commons
does not end with voting supply or authorizing measures to raise revenue. The
House also acts as a “watchdog” to ensure that federal money is
spent in the amounts and for the purposes authorized by
Parliament. [398]
This
monitoring function (often described as “closing the loop”) is
delegated largely to the Standing Committee on Public Accounts, which examines
and reports on the Public Accounts of Canada, as well as on all reports
of the Auditor General of
Canada. [399]
The Public Accounts of Canada
Under the Financial Administration
Act, the Receiver
General [400]
is
responsible for ensuring that accounts are kept for each department and agency
of the Government of Canada. These accounts must show all expenditures made
under each appropriation, all government revenues, and all other payments into
and out of the Consolidated Revenue
Fund, [401]
together
with whatever assets, liabilities and related reserves are deemed necessary to
present a fair picture of the country’s financial
position. [402]
The
accounts of each individual department and agency are rolled up into the
Accounts of Canada.
Each year, the President of the Treasury
Board tables a detailed report of the financial transactions of all government
departments and agencies, entitled the Public Accounts of Canada. The
report must be
tabled [403]
on or
before December 31 next following the end of the fiscal year to which the
accounts apply; or, if the House is not sitting, on any of the next 15 sitting
days of the
House. [404]
As a
matter of tradition only, the Public Accounts are addressed to the Governor
General.
The fundamental purpose of the Public
Accounts of Canada is to provide information to Parliament, and thus to the
public, which will enable them to understand and evaluate the financial position
and transactions of the government. Two constitutional principles underly the
public accounting system: that duties and revenues accruing to the Government of
Canada form one Consolidated Revenue Fund, and that the balance of the Fund
after certain prior charges is appropriated by the Parliament of Canada for the
public service. [405]
Responsibility for the form and content of
the Public Accounts of Canada rests with the President of the Treasury
Board [406]
and the
Minister of
Finance. [407]
The
financial statements are prepared under the joint direction of the President of
the Treasury Board, the Minister of Finance and the Receiver General for
Canada. [408]
By law,
the Accounts must include, for the fiscal year to which they apply, a statement
of all the government’s financial transactions; a statement of all
expenditures and revenues; a statement of the assets and direct and contingent
liabilities of Canada; the Auditor General’s opinion on the Accounts,
pursuant to the Auditor General Act; and whatever other accounts and
information the President of the Treasury Board and the Minister of Finance deem
necessary to represent fairly the financial position of Canada at the close of
the year. [409]
Currently, the Public Accounts of
Canada are divided into two volumes published in three separately bound
books. Volume I contains the opinion of the Auditor General; the
financial statements of Canada on which the Auditor General has expressed an
opinion; a 10-year summary of the government’s financial transactions;
analyses of revenues and expenditures, and of asset and liability accounts; and
a variety of government-wide summaries of revenues, expenditures, loans and
investments. Volume II is divided into two parts: the first gives details
of the government’s financial operations, segregated by ministry; and the
second provides additional information and analyses, such as the financial
statements for revolving funds, transfer payments and public debt
charges. [410]
Until 1993, the Public Accounts included a
third volume which contained financial information on Crown corporations.
Volume III has been replaced by the Annual Report to Parliament: Crown
Corporations and Other Corporate Interests of Canada, a consolidated report
on the businesses and activities of all parent Crown corporations and other
corporate interests of the Government of
Canada. [411]
The
Annual Report is prepared by the Treasury Board Secretariat for the President of
the Treasury Board, who tables it in the
House. [412]
The Auditor General of Canada
The Auditor General of Canada is an officer
of Parliament, appointed by the Governor in Council under the Auditor General
Act, to audit the accounts of Canada and investigate the financial affairs
of the federal
government. [413]
The
Auditor General holds office for a period of 10 years, or until the age of 65,
whichever comes first. The term is not renewable. The position was first
established in the Audit Act,
1878. [414]
That
legislation was replaced in 1886 and in 1931 by the Consolidated Revenue and
Audit
Act, [415]
which, in turn, was repealed by the Financial Administration Act,
1951. [416]
Initially, the Auditor General was responsible only for auditing expenditures;
before they were made (pre-payment audit) and after they were made (post-payment
audit). In 1977, Parliament enacted the current Auditor General Act which
broadened the Auditor General’s mandate beyond attesting to the accuracy
of the government’s financial statements, to examining how well the
government managed its financial
affairs. [417]
As auditor of the Accounts of Canada, the
Auditor General examines the government’s financial statements to ensure
that the information is presented fairly, in accordance with stated accounting
policies, and on a basis consistent with the previous accounting year.
Additional responsibilities for special examinations of Crown corporations are
set out in the Financial Administration
Act. [418]
The
Auditor General is empowered to undertake whatever examinations and inquiries
are deemed necessary to produce the reports required under the terms of the
Auditor General
Act. [419]
The Office of the Auditor
General carries
out three types of audits — attest audits, compliance audits and
value-for-money audits. Attest auditing verifies that the government is keeping
proper accounts and records and that it is presenting its overall financial
information
fairly. [420]
Compliance auditing ensures that the government collects and spends only those
amounts of money authorized by Parliament and only for the purposes approved by
Parliament. Finally, value-for money auditing assesses whether or not government
programs were run economically and efficiently, with due regard to their
environmental effects. They also assure Parliament that the government has the
means in place to measure the effectiveness of its
programs. [421]
Since
1995, the Office has been responsible also for evaluating the extent to which
department activities meet their environmental and sustainable development
objectives. [422]
Where such an assignment does not interfere
with the primary responsibilities of the office, the Auditor General may also be
asked by the Governor in Council to inquire into and report on any matter
related to the financial affairs of Canada or to public property, or to inquire
into and report on any person or organization that is seeking or has received
financial aid from the Government of
Canada. [423]
The Annual Report
The Auditor General must report annually to
the House of Commons, drawing the House’s attention to any cases
where:
- accounts have not been properly maintained or money not properly accounted for;
- the accounting procedures used are insufficient to safeguard the collection and spending of public
money;
- money has been spent without due regard for economy and efficiency, or other than for the purposes appropriated
by Parliament; or
- appropriate procedures to measure and report program effectiveness have not been
implemented. [424]
The Auditor General Act requires
that each annual report be submitted to the Speaker of the House of Commons on
or before December 31 in the year to which the report relates and that, upon
receipt of the Report, the Speaker table it forthwith. If the House is not
sitting at that time, the Annual Report is tabled on any of the next 15 sitting
days of the
House. [425]
At the
request of the Auditor General, the Speaker has frequently agreed to table the
Report in the House at a predetermined time, usually just before
“Members’ Statements”, although there is no requirement that
it be tabled at that
time. [426]
Once
tabled, the Report is automatically referred to the Standing Committee on Public
Accounts. [427]
Prior
to the tabling of the Report in the House, the Auditor General typically gives a
briefing on its contents to members of the Public Accounts Committee, at an
in camera session. In addition, the Chairman of the Committee will
normally invite Members to a
“lock-up”, [428]
during which they may examine the Report to be tabled later in the day and be
briefed in advance by officials. A lock-up for the media is also normally
arranged.
Changes to the Act introduced in 1994
authorized the Auditor General to make up to three reports each year over and
above the Annual Report, any special report on matters of pressing
importance or urgency, or any special report on the funding of the Auditor
General’s
Office. [429]
Where
such an additional report is to be tabled, the Speaker must be advised in
writing of the subject matter, and the report itself is submitted to the Speaker
30 days after the notice is sent, or after any longer period which may be
specified in the
notice. [430]
The
Speaker is required to table the report forthwith or, if the House is not
sitting, on any of the next 15 sitting days of the House.
Since the enactment of the 1994 provisions,
the Auditor General’s Annual Report has been submitted to the House
in several volumes; the first of which has been tabled in the spring, a second
in the fall and a final volume in November or
December. [431]
The
final volume tabled continues to be known as the “annual” report and
contains the sections on “Matters of Special Importance”, as well as
follow-ups to previous audits. Each volume contains a foreword from the Auditor
General, in addition to the individually numbered
chapters [432]
reporting on the various studies undertaken and the value-for-money audits of
departments and agencies. Audit notes and observations may be included in any or
all of the volumes, where deemed appropriate.
The Standing Committee on Public Accounts
Under the Standing Orders, all reports of
the Auditor General, as well as the Public Accounts of Canada, are deemed
permanently referred to the Standing Committee on Public Accounts as soon as
they are tabled in the
House. [433]
Since
1987, the Committee has also been responsible for scrutinizing the annual
Estimates for the Office of the Auditor General.
Since 1958, the Committee has been chaired
by a Member of the Official Opposition, while the parties are represented in
proportion to their voting strength in the
House. [434]
The
Committee’s main functions are to ensure that public money is spent for
the purposes authorized by Parliament, that extravagance and waste are minimized
and that sound financial practices are encouraged in estimating and contracting,
and in administration generally. The Committee does not concern itself with the
appropriateness of government policy; rather, it focusses on the economy and
efficiency of its administration. The Committee regularly reports its findings
to the House. The reports typically state conclusions and recommendations on
matters pertaining to the improvement of managerial and financial practices and
controls of government departments, agencies and Crown
corporations.