Parliament of Canada Act (R.S.C., 1985, c. P-1)

Marginal note:Commis­sioner’s orders

• 41.3 (1) If a trust disclosed by a member of the House of Commons was established by the member or by a person who is not a relative of the member, the Conflict of Interest and Ethics Commissioner shall

  • (a) if he or she is of the opinion that it is legally possible for the member to terminate the trust, order the member to terminate the trust and not to use any distribution of the assets on its termination for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act; or

  • (b) if he or she is of the opinion that it is not legally possible for the member to terminate the trust, order the member not to derive any benefit or income from the trust for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.

• Marginal note:Commis­sioner’s orders

  (2) If a trust disclosed by a member was established by a relative of the member, the Conflict of Interest and Ethics Commissioner shall order the member not to derive any benefit or income from the trust, including any distribution of its assets on its termination, for the purpose of financing a nomination contest, a leadership contest or an electoral campaign within the meaning of the Canada Elections Act.

• Marginal note:Exceptions

  (3) Subsections (1) and (2) do not apply in respect of a trust that meets the requirements of subsection 27(4) of the Conflict of Interest Act or a trust that is governed by a registered retirement savings plan or a registered education savings plan.

• Marginal note:Cessation of order

  (4) No order made under this section has effect after the day on which the member to which the order relates ceases to be a member of the House of Commons and, for the purposes of this subsection, a person who was a member of the House of Commons immediately before the issue of a writ for the election of a new member in place of that person is deemed to continue to be a member of that House until the date of that election.

• Marginal note:Compliance measures under Conflict of Interest Act

  (5) If there is any inconsistency between an order made under this section and compliance measures required to be taken under the Conflict of Interest Act, the order prevails to the extent of the inconsistency.

• Marginal note:Offence and punishment

  (6) Every member of the House of Commons who contravenes an order made under this section is guilty of an offence and liable on summary conviction to a fine of not less than $500 and not more than $2,000.

• Marginal note:Meaning of relative

  (7) Persons who are related to a member of the House of Commons by birth, marriage, common-law partnership, adoption or affinity are the member’s relatives for the purpose of this section unless the Conflict of Interest and Ethics Commissioner determines, either generally or in relation to a particular member, that it is not necessary for the purposes of this section that a person or class of persons be considered a relative of the member.

• Meaning of common law partnership

  (8) For the purpose of subsection (7), common law partnership means the relationship between two persons who are cohabiting in a conjugal relationship, having so cohabited for a period of at least one year.

Marginal note:Notification of Committee

• 41.4 (1) Any person, including the Conflict of Interest and Ethics Commissioner, who has reasonable grounds to believe that an offence has been committed under section 41.1 shall, in writing, notify the Committee of the House of Commons designated to consider such matters.

• Marginal note:Opinion of Committee

  (2) The Committee may issue its opinion with respect to the notification within 30 sitting days of the House of Commons after being notified.

Marginal note:Order to be provided to Committee

• 41.5 (1) The Conflict of Interest and Ethics Commissioner shall provide any order made under section 41.3 to a Committee of the House of Commons designated to consider whether a member has contravened an order of the Commissioner.

• Marginal note:Issuance of opinion

  (2) The Committee may issue its opinion with respect to the order within 30 sitting days of the House of Commons after being provided with the order.

DIVISION CSpeaker, Parliamentary Secretaries, Clerk and Other Personnel

Deputy Speaker

Marginal note:Speaker leaving the chair

42 Whenever the Speaker of the House of Commons, from illness or other cause, finds it necessary to leave the chair during any part of the sittings of the House on any day, the Speaker may call on the Chairman of Committees or, in the absence of that Chairman, on any member of the House to take the chair and act as Deputy Speaker during the remainder of that day unless the Speaker resumes the chair before the close of the sittings for that day.

Marginal note:Unavoidable absence

• 43 (1) Whenever the House of Commons is informed of the unavoidable absence of the Speaker thereof by the Clerk at the table, the Chairman of Committees, if present, shall take the chair and perform the duties and exercise the authority of Speaker in relation to all the proceedings of the House, as Deputy Speaker, until the meeting of the House on the next sitting day and so on from day to day, on the like information given to the House, until the House otherwise orders.

• Marginal note:Adjournment of more than 24 hours

  (2) Notwithstanding subsection (1), where the House of Commons adjourns for more than twenty-four hours, the Deputy Speaker shall continue to perform the duties and exercise the authority of Speaker for twenty-four hours only after that adjournment.

Marginal note:Validity of acts

• 44 (1) If, at any time during a session of Parliament, the Speaker of the House of Commons is temporarily absent from the House and a Deputy Speaker thereupon performs the duties and exercises the authority of Speaker pursuant to section 42 or 43 or to the standing orders or other order or a resolution of the House, every act done and proceeding taken in or by the House, in the exercise of its powers and authority, has the same effect and validity as if the Speaker were in the chair.

• Marginal note:Idem

  (2) Every act done and warrant, order or other document issued, signed or published by a Deputy Speaker referred to in subsection (1) that relates to any proceedings of the House of Commons or that, under any statute, would be done, issued, signed or published by the Speaker, if then able to act, has the same effect and validity as if it had been done, issued, signed or published by the Speaker.

45 [Repealed, R.S., 1985, c. 42 (1st Supp.), s. 1]

Parliamentary Secretaries

Marginal note:Appointment

• 46 (1) The Governor in Council may appoint one or more members of the House of Commons to be Parliamentary Secretary or Secretaries to a minister.

• Marginal note:Maximum number

  (2) The number of Parliamentary Secretaries that are appointed is not to exceed the number of ministers for whom salaries are provided in section 4.1 of the Salaries Act.

• Marginal note:Tenure of office

  (3) A Parliamentary Secretary holds office for a period not exceeding twelve months from the date of the appointment and, on ceasing to be a member of the House of Commons, ceases to hold the office of Parliamentary Secretary.

Marginal note:Duties

47 The Parliamentary Secretary or Secretaries to a minister shall assist the minister in such manner as the minister directs.

Clerk and Other Personnel

48 [Repealed, R.S., 1985, c. 1 (4th Supp.), s. 30]

Marginal note:Oath of allegiance

• 49 (1) The Clerk of the House of Commons shall take and subscribe before the Speaker thereof the oath of allegiance, and all other clerks, officers and messengers of the House shall take and subscribe before the Clerk the oath of allegiance.

• Marginal note:Registry

  (2) The Clerk of the House of Commons shall keep a register of all oaths taken and subscribed under subsection (1).

DIVISION C.1Caucuses

Definition of caucus

49.1 In this Division, caucus means a group composed solely of members of the House of Commons who are members of the same recognized party.

Marginal note:Expulsion of caucus member

49.2 A member of a caucus may only be expelled from it if

• (a) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting that the member’s membership be reviewed; and

• (b) the expulsion of the member is approved by secret ballot by a majority of all caucus members.

Marginal note:Readmission of member

49.3 A member of the House of Commons who has been expelled from the caucus of a party may only be readmitted to the caucus

• (a) if the member is re-elected to the House of Commons as a candidate for that party; or

• (b) if

  • (i) the caucus chair has received a written notice signed by at least 20% of the members of the caucus requesting the member’s readmission to the caucus, and

  • (ii) the readmission of the member is approved by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

Marginal note:Election of chair

• 49.4 (1) After every general election or following the death, incapacity, resignation or removal of the chair of a caucus in accordance with subsection (2), a chair shall be elected by a majority vote by secret ballot of the members of that caucus who are present at a meeting of the caucus.

• Marginal note:Removal of caucus chair

  (2) The chair of the caucus of a party may only be removed if

  • (a) the chair has received a written notice signed by at least 20% of the caucus members requesting that the occupancy of the chair be reviewed; and

  • (b) the removal of the chair is approved by secret ballot by a majority of all caucus members.

• Marginal note:Senior caucus member

  (3) Any vote that is taken under subsection (1) or (2) shall be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette.

Definition of leadership review

• 49.5 (1) In this section, leadership review means a process to endorse or replace the leader of a party.

• Marginal note:Leadership review

  (2) If a written notice to call a leadership review signed by at least 20% of the members of a party’s caucus is submitted to the chair of the caucus, the chair shall order that a secret ballot vote be taken among the members of the caucus to conduct a leadership review.

• Marginal note:Notice made public

  (3) The chair of the caucus shall make public the content of the written notice immediately upon receipt.

• Marginal note:Interim leader

  (4) If a majority of the caucus members vote to replace the leader of the party, the chair of the caucus shall immediately order that a second vote be taken by secret ballot to appoint a person to serve as the interim leader of the party until a new leader has been duly elected by the party.

Marginal note:Replacement of leader

49.6 In the case of the death, incapacity or resignation of the leader of a party, an interim leader shall be elected as soon as possible and in accordance with subsection 49.5(4).

Marginal note:Bar against judicial review

49.7 Any determination of a matter relating to the internal operations of a party by the caucus, a committee of the caucus or the caucus chair is final and not subject to judicial review.

Marginal note:Vote

• 49.8 (1) At its first meeting following a general election, the caucus of every party that has a recognized membership of 12 or more persons in the House of Commons shall conduct a separate vote among the caucus members in respect of each of the following questions:

  • (a) whether sections 49.2 and 49.3 are to apply in respect of the caucus;

  • (b) whether section 49.4 is to apply in respect of the caucus;

  • (c) whether subsections 49.5(1) to (3) are to apply in respect of the caucus; and

  • (d) whether subsection 49.5(4) and section 49.6 are to apply in respect of the caucus.

• Marginal note:Senior caucus member

  (2) Each vote, and any debate relating to the vote that may precede it, are to be presided over by the caucus member with the longest period of unbroken service in the House of Commons as determined by reference to the Canada Gazette.

• Marginal note:Recorded vote

  (3) The vote of each caucus member, in each vote, is to be recorded.

• Marginal note:Majority required

  (4) The provisions referred to in each of paragraphs (1)(a) to (d) apply only if a majority of all caucus members vote in favour of their applicability.

• Marginal note:Notice to Speaker

  (5) As soon as feasible after the conduct of the votes, the chair of the caucus shall inform the Speaker of the House of Commons of the outcome of each vote.

• Marginal note:Effect of votes

  (6) The outcome of each vote is binding on the caucus until the next dissolution of Parliament.

DIVISION DBoard of Internal Economy

Establishment and Organization

Marginal note:Board established

• 50 (1) There shall be a Board of Internal Economy of the House of Commons, in this section and sections 51 to 53 referred to as “the Board”, over which the Speaker of the House of Commons shall preside.

• Marginal note:Composition of Board

  (2) The Board shall consist of the Speaker, two members of the Queen’s Privy Council for Canada appointed from time to time by the Governor in Council, the Leader of the Opposition or the nominee of the Leader of the Opposition and other members of the House of Commons who may be appointed from time to time as follows:

  • (a) if there is only one party in opposition to the government that has a recognized membership of twelve or more persons in the House of Commons, the caucus of that party may appoint two members of the Board and the caucus of the government party may appoint one member of the Board; and

  • (b) if there are two or more parties in opposition to the government each of which has a recognized membership of twelve or more persons in the House of Commons,

    • (i) the caucus of each of those parties in opposition may appoint one member of the Board, and

    • (ii) the caucus of the government party may appoint that number of members of the Board that is one less than the total number of members of the Board who may be appointed under subparagraph (i).

• (3) [Repealed, 1997, c. 32, s. 1]

• Marginal note:Speaker to inform of appointments

  (4) The Speaker shall inform the House of Commons of any appointment made to the Board, on any of the first fifteen days on which the House is sitting after the appointment is made.

• Marginal note:Oath or affirmation

  (5) Every member of the Board shall, as soon as practicable after becoming a member of the Board, take before the Clerk of the House of Commons an oath or affirmation of fidelity and secrecy in the form set out in Form 3 of the schedule.

• Marginal note:Scope

  (6) For greater certainty, nothing in the oath or affirmation referred to in subsection (5) shall be construed as preventing the communication of any information or documents discussed in, or prepared for, a meeting of the Board that was open to the public.