Misplaced Pages

#868131

98-671: The Special Economic Measures Act (S.C. 1992, c. 17) is a statute of the Parliament of Canada , passed in 1992 under the second Mulroney ministry in the 34th Canadian Parliament . The Government of Canada department responsible for enforcing the Act is the Minister of Foreign Affairs . In 2011 the Special Economic Measures (Syria) Regulations (SOR/2011-114) were passed. In 2014 an Iranian plaintiff tried to have

196-599: A pro forma bill as a symbol of the right of parliament to give priority to matters other than the monarch's speech (always written by the cabinet of the day). In the parliament of the United Kingdom , prorogation is immediately preceded by a speech to both legislative chambers, with procedures similar to the Throne Speech. The monarch usually approves the oration—which recalls the prior legislative session, noting major bills passed and other functions of

294-460: A British law was necessary, though Canada's consent was required. The Parliament of Canada was granted limited power to amend the constitution by a British Act of Parliament in 1949, but it was not permitted to affect the powers of provincial governments, the official positions of the English and French languages, rights of any class of persons with respect to schools, or the maximum five-year term of

392-526: A confidence vote but was allowed to remain in power with the mutual consent of the leaders of the other parties. In practice, the House of Commons' scrutiny of the government is quite weak in comparison to the equivalent chamber in other countries using the Westminster system . With the plurality voting system used in parliamentary elections tending to provide the governing party with a large majority, and

490-454: A general election typically follows. Subject to the governor general's discretion, general elections are held four years after the previous on the third Monday in October or, on the recommendation of the chief electoral officer , the following Tuesday or Monday. The governor general may dissolve Parliament and call a general election outside of these fixed dates, conventionally on the advice of

588-510: A higher population. The governor still held significant personal influence over Canadian affairs until 1848, when responsible government was implemented in Canada. The actual site of Parliament shifted on a regular basis: From 1841 to 1844, it sat in Kingston , where the present Kingston General Hospital now stands; from 1844 until the 1849 fire that destroyed the building , the legislature

686-404: A member of either house cannot be sued for slander based on words uttered in the course of parliamentary proceedings, the only restraint on debate being set by the standing orders of each house. Further, MPs and senators are immune to arrest in civil (but not criminal) cases, from jury service and attendance in courts as witnesses. They may, however, be disciplined by their colleagues for breach of

784-422: A party system that gives leaders strict control over their caucus (to the point that MPs may be expelled from their parties for voting against the instructions of party leaders), there is often limited need to compromise with other parties. Additionally, Canada has fewer MPs, a higher turnover rate of MPs after each election, and an Americanized system for selecting political party leaders, leaving them accountable to

882-420: A plurality of voters in each of the country's federal electoral districts , or ridings. To run for one of the 338 seats in the lower house , an individual must be at least 18 years old. Each member holds office until Parliament is dissolved, after which they may seek re-election. The ridings are regularly reorganized according to the results of each decennial national census ; however, the "senatorial clause" of

980-496: A series of stages in each chamber, beginning with the first reading . It is not, however, until the bill's second reading that the general principles of the proposed law are debated; though rejection is a possibility, such is not common for government bills. Next, the bill is sent by the house where it is being debated to one of several committees. The Standing Orders outline the general mandate for all committees, allowing them to review: bills as they pertain to relevant departments;

1078-597: A session or during a session on days in which parliament is not meeting. While a parliament is prorogued, between two legislative sessions, the legislature is still constituted – i.e. no general election takes place and all Members of Parliament thus retain their seats. In many legislatures, prorogation causes all orders of the body – bills, motions , etc. – to be expunged. Prorogations should thus not be confused with recesses, adjournments, or holiday breaks from legislation, after which bills can resume exactly where they left off. In

SECTION 10

#1732798237869

1176-410: A set stipend, meet only part of the year. State constitutions, statutes or legislative rules may set deadlines for adjournment sine die per session or term, depending on whether a state constitution defines entire time allowed for a session as "legislative days" (any day from when either house meets quorum until the speaker gavels the body into adjournment) or "calendar days" (any specific 24-hour day on

1274-544: A single session. When the leaders of the majority party in each house have determined that no more business will be conducted by that house during that term of Congress, a motion is introduced to adjourn sine die , effectively dissolving that house. Typically, this is done at some point after the general congressional election in November of even-numbered years. If the party in power is retained, it may happen as early as mid-November and members return to their districts for

1372-589: A single session. (There were only four prorogations since 1961, twice to allow the visiting Queen to "open" Parliament, once after the 1967 death of Prime Minister Harold Holt and for political reasons in 2016.) Since 1990, it has been the practice for the parliament to be prorogued on the same day that the House is dissolved so that the Senate will not be able to sit during the election period. However, on 21 March 2016, Prime Minister Malcolm Turnbull announced that

1470-429: A tie. The speaker customarily votes in favour of the status quo . The constitution establishes the quorums to be 15 senators in the upper house and 20 members in the lower house, the speaker of each body being counted within the tally. Voting can thus take three possible forms: whenever possible, leaving the matter open for future consideration and allowing for further discussion by the house; when no further discussion

1568-472: A way that opposes the will of the democratically elected house. The federal government consists of the monarch (represented by the governor general)-in-council , which is a collection of ministers of the Crown appointed by the governor general to direct the use of executive powers . Per the tenets of responsible government , these individuals are almost always drawn from Parliament, and are predominantly from

1666-491: A way to avoid investigations into the Afghan detainees affair and triggered citizen protests . In October 2012, the provincial legislature of Ontario was prorogued under similar circumstances, allegedly to avoid scrutiny of the provincial Government on a number of issues. Bills are numbered within each session. For example, in the federal House of Commons each session's government bills are numbered from C-2 to C-200, and

1764-519: A year; between general elections; there are usually anywhere from one to six sessions of parliament before a dissolution by either the Crown-in-Council or the expiry of a legally mandated term limit. Each session begins with a speech from the throne , read to the members of both legislative chambers either by the reigning sovereign or a viceroy or other representative. Houses of parliament in some realms will, following this address, introduce

1862-533: Is defined by the Constitution Act, 1867 , and various conventions . Neither he nor his viceroy, however, participates in the legislative process save for signifying the King's approval to a bill passed by both houses of Parliament, known as the granting of Royal Assent , which is necessary for a bill to be enacted as law. All federal bills thus begin with the phrase "Now, therefore, His Majesty, by and with

1960-464: Is demanded by members—requiring at least two in the Senate and five in the House of Commons. Members of both houses vote by rising in their places to be counted; the speaker of the Senate is permitted to vote on a motion or bill—though does so irregularly, in the interest of impartiality—and, if there is no majority, the motion is defeated. In the Commons, however, the speaker cannot vote, unless to break

2058-595: Is most convenient, but a "good faith exercise of the power" to prorogue parliament does not include preventing it from frustrating the prime minister's agenda. When the Parliament of the Kingdom of Italy conquered the power to decide on its recalling, the MP Modigliani spoke of a coup d'état , if the right to prorogue or close the session was exercised immediately after Parliament had recalled itself. During

SECTION 20

#1732798237869

2156-410: Is possible, taking into account that the matter could somehow be brought back in future and be decided by a majority in the house; or, leaving a bill in its existing form rather than having it amended. For example, during the vote on the 2005 budget , which was considered a vote of confidence , the speaker of the House of Commons cast the tie-breaking vote during the second reading , moving in favour of

2254-572: Is the federal legislature of Canada , seated at Parliament Hill in Ottawa , and is composed of three parts: the King , the Senate , and the House of Commons . By constitutional convention , the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally

2352-406: Is the 44th Parliament since Confederation in 1867. The official languages of the Parliament are English and French . The body consists of the King of Canada , represented by a viceroy , the governor general ; an upper house , the Senate ; and a lower house , the House of Commons . Each element has its own officers and organization. Each has a distinct role, but work in conjunction within

2450-593: The Reform Act and resulting changes to the Parliament of Canada Act , in 2015, were a response to this trend and an attempt to increase the power and independence of MPs. Parliament possesses a number of privileges, collectively and accordingly known as parliamentary privilege , each house being the guardian and administrator of its own set of rights. Parliament itself determines the extent of parliamentary privilege, each house overseeing its own affairs, but

2548-430: The 44th Parliament , elected in 2013, would be prorogued on 15 April and that a second session would begin on 18 April. Prorogation is now a procedural device, the effect of which is to call the Parliament back on a particular date (especially the Senate, which the government did not control), and to wipe clean all matters before each House, without triggering an election. In the Parliament of Canada and its provinces,

2646-496: The Constitution Act, 1867 guarantees each province at least as many MPs as it has senators, and the "grandfather clause" permits each province as many MPs as it had in either 1976 or 1985. The existence of this legislation has pushed the size of the House of Commons above the required minimum of 282 seats. The powers of the Parliament of Canada are limited by the constitution, which divides legislative abilities between

2744-505: The Supreme Court of British Columbia overturn the Special Economic Measures (Iran) Regulations . They had been adopted in 2010, on the recommendation of United Nations Security Council (UNSC) Resolution 1737 . The Special Economic Measures (Ukraine) Regulations (SOR/2014-60) and the Special Economic Measures (Russia) Regulations , (SOR/2014-58) were passed, to the frustration of one Mr Portnov, who had formerly been employed in

2842-527: The Supreme Court of Canada , and the amending formulas themselves. 45°25′31″N 75°42′00″W  /  45.42521°N 75.70011°W  / 45.42521; -75.70011 Parliamentary session Historically, each session of a parliament would last less than one year, ceasing with a prorogation during which legislators could return to their constituencies . In more recent times, development in transportation technology has permitted these individuals to journey with greater ease and frequency from

2940-709: The War of 1812 , American troops set fire to the buildings of the Legislative Assembly of Upper Canada in York (now Toronto ). In 1841, the British government united the two Canadas into the Province of Canada , with a single legislature composed of, again, an assembly, council, and governor general; the 84 members of the lower chamber were equally divided among the two former provinces, though Lower Canada had

3038-416: The electoral campaign , this break takes place so as to prevent the upper house from sitting and to purge all upper chamber business before the start of the next legislative session. It is not uncommon for a session of parliament to be put into recess during holidays and then resumed a few weeks later exactly where it left off. In Commonwealth realms , legislative sessions can last from a few weeks to over

Special Economic Measures Act - Misplaced Pages Continue

3136-414: The governor general , provides royal assent to make bills into law. The governor general, on behalf of the monarch, summons and appoints the 105 senators on the advice of the prime minister , while each of the 338 members of the House of Commons – called members of Parliament (MPs) – represents an electoral district , commonly referred to as a riding , and are elected by Canadian voters residing in

3234-418: The head of state , or a representative thereof, will address the legislature in an opening ceremony . In both parliamentary and presidential systems , sessions are referred to by the name of the body and an ordinal number  – for example, the 2nd Session of the 39th Canadian Parliament or the 1st Session of the 109th United States Congress . Governments today end sessions whenever it

3332-497: The legislative process . This format was inherited from the United Kingdom and is a near-identical copy of the Parliament at Westminster , the greatest differences stemming from situations unique to Canada, such as the impermanent nature of the monarch's residency in the country and the lack of a peerage to form the upper chamber. Only those who sit in the House of Commons are usually called members of Parliament (MPs);

3430-407: The notwithstanding clause . Such clause, however, has never been used by the federal parliament, though it has been employed by some provincial legislatures. Laws violating any part of the constitution are invalid and may be ruled unconstitutional by the courts . Each of Parliament's two chambers is presided over by a speaker ; that for the Senate is a member appointed by the governor general on

3528-507: The speaker of that house. They are sometimes referred to as Agents of Parliament . Another key official is the parliamentary librarian , a position established in 1871 under the Library of Parliament Act , charged with directing the Library of Parliament . The Constitution Act, 1867 , outlines that the governor general alone is responsible for summoning Parliament, though it remains the monarch's prerogative to prorogue and dissolve

3626-539: The "newest" province, although "oldest" English settlement ), is represented by six senators. Since 1975 each of Canada's territories is represented by 1 senator—the Northwest Territories , Yukon , and (since its formation in 1999) Nunavut . An additional 4 or 8 senators may be appointed by the governor general, provided the approval of the King is secured and the four divisions are equally represented. This power has been employed once since 1867: to ensure

3724-404: The 1st session of the 114th Congress commenced on January 3, 2015, and the 2nd session commenced on January 3, 2016, with the same members and no intervening election. All legislative business, however, is cleared at the end of each session. It is common for bills to be reintroduced in the second session that were not passed in the first session, and the restrictions on reconsideration only apply to

3822-478: The Cabinet had become eclipsed by prime ministerial power. Thus, defeats of majority governments on issues of confidence are very rare. In contrast, a minority government is more volatile, and is more likely to fall due to loss of confidence. The last prime ministers to lose confidence votes were Stephen Harper in 2011, Paul Martin in 2005 and Joe Clark in 1979, all involving minority governments. The passage of

3920-580: The Commons' right to deny entry to anyone, including even the monarch (but with an exception for royal messengers). Once the MPs are gathered behind the Bar of the Senate—save for the prime minister, the only MP permitted into the Senate proper to sit near the throne dais—the House of Commons speaker presents to the monarch or governor general, and formally claims the rights and privileges of the House of Commons; and then

4018-586: The Constitution): 24 for Ontario , 24 for Quebec , 24 for the Maritimes (10 for Nova Scotia , 10 for New Brunswick , and four for Prince Edward Island ), and 24 for the Western provinces (six each for Manitoba , British Columbia , Saskatchewan , and Alberta ). Additionally, senators are appointed from two geographic areas not part of any senatorial division. Newfoundland and Labrador (since 1949

Special Economic Measures Act - Misplaced Pages Continue

4116-489: The Gregorian calendar). Constitutional limits on the length of sessions may lead legislative leaders to change rules or pass statutes which define a day on the legislative calendar, such as extending a calendar day beyond 24 hours or defining what legislative business counts against a maximum number of legislative days. Depending upon limitations of the state's constitution, if business arises that must be addressed before

4214-415: The House of Commons establishing legislative committees, the chair of the latter being appointed by the speaker of the House of Commons, and is normally one of his deputies. Whichever committee is used, any amendments proposed by the committee are considered by the whole house in the report stage. Furthermore, additional amendments not proposed by the committee may also be made. After the report stage (or, if

4312-497: The House of Commons to do so before adjourning. The new parliamentary session is marked by the opening of Parliament , a ceremony where a range of topics can be addressed in a Speech From the Throne given by the monarch, the governor general, or a royal delegate. The usher of the black rod invites MPs to these events, knocking on the doors of the lower house that have been slammed shut —a symbolic arrangement designed to illustrate

4410-463: The House of Commons, of which most are put forward by ministers of the Crown , making them government bills, as opposed to private members' bills or private senators' bills, which are launched by MPs and senators, respectively, who are not in cabinet. Draft legislation may also be categorized as public bills, if they apply to the general public, or private bills , if they concern a particular person or limited group of people. Each bill then goes through

4508-408: The House of Commons, the only body to which ministers are held accountable, typically during Question Period , wherein ministers are obliged to answer questions posed by members of the opposition. Hence, the person who can command the confidence of the lower chamber—usually the leader of the party with the most seats therein—is typically appointed as prime minister. Should that person not hold a seat in

4606-440: The House of Commons, the prime minister will, by convention, seek election to one at the earliest possible opportunity; frequently, in such situations, a junior member of Parliament who holds a safe seat will resign to allow the prime minister to run for that riding in a by-election . If no party holds a majority, it is customary for the governor general to summon a minority government or coalition government , depending on which

4704-645: The Parliament of the United Kingdom to enact a constitutional amendment in 1982, in the form of the Canada Act 1982 which included the Constitution Act, 1982 . This legislation terminated the power of the British Parliament's ability to legislate for Canada and the authority to amend the constitution was transferred to the Canadian House of Commons, the Senate, and the provincial legislative assemblies, acting jointly. Most amendments require

4802-737: The Senate responsible for security in that chamber, as well as for protocol, administrative, and logistical details of important events taking place on Parliament Hill, such as the Speech from the Throne , Royal Assent ceremonies, state funerals , or the investiture of a new governor general. Other officers of Parliament include the auditor general , chief electoral officer , official languages commissioner , privacy commissioner , information commissioner , conflict of interest and ethics commissioner , public sector integrity commissioner , and commissioner of lobbying . These individuals are appointed by either one or both houses, to which they report through

4900-650: The Senate was that used in the Legislative Council of the Province of Canada after 1849, while that of the House of Commons was inherited from the Legislative Assembly of the Province of Canada , first used in 1845. Following the burning of the Centre Block on 3 February 1916, the City of London , England, donated a replacement, which is still used today. The temporary mace, made of wood, and used until

4998-480: The Senate. Members of the two houses of Parliament must also express their loyalty to the sovereign and defer to his authority, as the Oath of Allegiance must be sworn by all new parliamentarians before they may take their seats. Further, the official opposition is formally called His Majesty's Loyal Opposition , to signify that, though they may be opposed to the incumbent Cabinet's policies, they remain dedicated to

SECTION 50

#1732798237869

5096-578: The Ukrainian administration headed by Viktor Yanukovych . Upper-level management of the Iranian nuclear programme have repeatedly tried to infiltrate Canada and the SEMA has been used to stop them. In September 2017 the Special Economic Measures (Venezuela) Regulations (SOR/2017-204) were passed. On 1 February 2022 rumours of a Russian invasion were thick and a helpful list of Canadian sanctions tools

5194-421: The United Kingdom, however, the practice of terminating all bills upon prorogation has slightly altered; public bills may be re-introduced in the next legislative session, and fast-tracked directly to the stage they reached in the prorogued legislative session. A new session will often begin on the same day that the previous session ended. In most cases, when a parliament reconvenes for a new legislative session,

5292-452: The advent of rapid transcontinental travel. More recently, prorogations have triggered speculation that they were advised by the sitting prime minister for political purposes: for example, in the 40th Parliament , the first prorogation occurred in the midst of a parliamentary dispute , in which the opposition parties expressed intent to defeat the minority government, and the second was suspected by opposition Members of Parliament to be

5390-471: The advice and consent of the Senate and House of Commons of Canada, enacts as follows ..." and, as such, the Crown is immune from acts of Parliament unless expressed otherwise in the act itself. The governor general will normally perform the task of granting Royal Assent, though the monarch may also do so, at the request of either the Cabinet or the viceroy, who may defer assent to the sovereign as per

5488-426: The advice of the prime minister, while the equivalent for the House of Commons is a member of Parliament, who is elected by the other members of that body. In general, the powers of the latter are greater than those of the former. Following the British model, the upper chamber is essentially self-regulating, but the lower chamber is controlled by the chair, in a majoritarian model that gives great power and authority to

5586-427: The apolitical Crown. The upper house of the Parliament of Canada, the Senate ( French : Sénat ), is a group of 105 individuals appointed by the governor general on the advice of the prime minister; all those appointed must, per the constitution, be a minimum of 30 years old, be a subject of the monarch, and own property with a net worth of at least $ 4,000, in addition to owning land worth no less than $ 4,000 within

5684-451: The assent of the original house in order to stand part of the final bill. If one house passes amendments that the other will not agree to, and the two houses cannot resolve their disagreements, the bill fails. Once the bill is passed in identical form by both houses, it is presented for Royal Assent ; in theory, the governor general has three options: grant Royal Assent, thereby making the bill into law; withhold Royal Assent, thereby vetoing

5782-577: The bill, and recommend amendments. The bill may also be committed to the Committee of the Whole , a body consisting of, as the name suggests, all the members of the chamber in question. Finally, the bill could be referred to an ad hoc committee established solely to review the piece of legislation in question. Each chamber has their own procedure for dealing with this, with the Senate establishing special committees that function like most other committees, and

5880-441: The bill; or reserve the bill for the signification of the King's pleasure , which allows the sovereign to personally grant or withhold assent. If the governor general does grant Royal Assent, the monarch may, within two years, disallow the bill, thus annulling the law in question. In the federal sphere, no bill has ever been denied royal approval. In conformity with the British model, only the House of Commons may originate bills for

5978-455: The budget and allowing its passage. If the vote on the third reading had again been tied, the speaker would have been expected to vote against the bill, bringing down the government. Simultaneous interpretation for both official languages, English and French , is provided at all times during sessions of both houses. Laws, known in their draft form as bills , may be introduced by any member of either house. However, most bills originate in

SECTION 60

#1732798237869

6076-480: The budget is always a matter of confidence. Where a government has lost the confidence of the House of Commons, the prime minister is obliged to either resign (allowing the governor general to appoint the leader of the Opposition to the office) or seek the dissolution of Parliament and the call of a general election. A precedent, however, was set in 1968, when the government of Lester B. Pearson unexpectedly lost

6174-403: The chair. In 1991, however, the powers of the speaker of the Senate were expanded, which reorganized the balance of power to be closer to the framework of the Commons. The usher of the black rod of the Senate of Canada is the most senior protocol position in Parliament, being the personal messenger to the legislature of the sovereign and governor general. The usher is also a floor officer of

6272-419: The committee made no amendments to the bill, immediately after the committee stage), the final phase of the bill—the third reading —occurs, at which time further amendments are not permitted in the House of Commons, but are allowed in the Senate. If it passes the third reading, the bill is sent to the other house of Parliament, where it passes through the same stages; amendments made by the second chamber require

6370-430: The commons will support. The lower house may attempt to bring down the government by either rejecting a motion of confidence —generally initiated by a minister to reinforce the Cabinet's support in the commons—or by passing a motion of no confidence—introduced by the opposition to display its distrust of the Cabinet. Important bills that form part of the government's agenda will usually be considered matters of confidence;

6468-409: The consent of the Senate, the House of Commons, and the legislative assemblies of two-thirds of the provinces representing a majority of the population; the unanimous consent of provincial legislative assemblies is required for certain amendments, including those affecting the sovereign, the governor general, the provincial lieutenant governors , the official status of the English and French languages,

6566-469: The constitution bars it from conferring any "exceeding those at the passing of such an Act held, enjoyed, and exercised by the [British House of] Commons... and by the Members thereof." The foremost dispensation held by both houses of Parliament is that of freedom of speech in debate; nothing said within the chambers may be questioned by any court or other institution outside of Parliament. In particular,

6664-508: The constitution. As both the monarch and his or her representatives are traditionally barred from the House of Commons, any parliamentary ceremonies in which they are involved take place in the Senate chamber. The upper and lower houses do, however, each contain a mace , which indicates the authority of the King-in-Parliament and the privilege granted to that body by him, both bearing a crown at their apex. The original mace for

6762-579: The faults of the American federal system, with its relatively powerful states and a less powerful federal government. The British North America Act limited the powers of the provinces, providing that all subjects not explicitly delegated to them by that document remain within the authority of the Canadian Parliament, while simultaneously giving the provinces unique powers in certain agreed-upon areas of jurisdiction. Full legislative autonomy

6860-399: The federal and provincial legislatures ; in general, provincial legislatures may only pass laws relating to topics explicitly reserved for them by the constitution (such as education, provincial officers, municipal government, charitable institutions, and "matters of a merely local or private nature") while any matter not under the exclusive authority of the provincial legislatures is within

6958-521: The federal parliament regulates marriage and divorce in general, but the solemnization of marriage is regulated only by the provincial legislatures. Other examples include the powers of both the federal and provincial parliaments to impose taxes, borrow money, punish crimes, and regulate agriculture. The powers of Parliament are also limited by the Canadian Charter of Rights and Freedoms , though most of its provisions can be overridden by use of

7056-637: The government —but rarely delivers it in person, Queen Victoria being the last to do so. Instead, the speech is presented by the Lords Commissioners and read by the Leader of the House of Lords . When King Charles I dissolved the Parliament of England in 1628, after the Petition of Right , he gave a prorogation speech that effectively cancelled all future meetings of the legislature, at least until he again required finances. Prior to 1977, it

7154-469: The holiday season. However, when the party in power is ousted or if important business, such as approval of appropriation bills , has not been completed, Congress will often meet in a lame-duck session , adjourning as late as December 31, before the newly elected Congress takes office on January 3. In the United States , most state legislatures , most of which are part-time paid legislatures with

7252-430: The imposition of taxes or for the appropriation of Crown funds. The constitutional amendment procedure does make provision for the Commons overcoming an otherwise-required Senate resolution in most cases. Otherwise, the theoretical power of both houses over bills is equal, with the assent of each being required for passage. In practice, however, the House of Commons is dominant, with the Senate rarely exercising its powers in

7350-462: The legislative capital to their respective electoral districts (sometimes called ridings , electorate, division) for short periods, meaning that parliamentary sessions typically last for more than one year, though the length of sessions varies. Legislatures plan their business within a legislative calendar , which lays out how bills will proceed before a session ceases, although related but unofficial affairs may be conducted by legislators outside

7448-439: The legislature cease all legislative business until the governor general issues another proclamation calling for a new session to begin; except for the election of a speaker for the House of Commons and his or her claiming of that house's privileges, the same procedures for the opening of Parliament are again followed. After a number of such sessions—having ranged from one to seven —a Parliament comes to an end via dissolution , and

7546-567: The legislature is typically prorogued upon the completion of the agenda set forth in the Speech from the Throne (called the legislative programme in the UK). It remains in recess until the monarch, governor general , or lieutenant governor summons parliamentarians again. Historically, long prorogations allowed legislators to spend part of their year in the capital city and part in their home ridings . However, this reason has become less important with

7644-463: The legislature, after which the writs for a general federal election are usually dropped by the governor general at Rideau Hall . Upon completion of the election, the governor general, on the advice of the prime minister, then issues a royal proclamation summoning Parliament to assemble. On the date given, new MPs are sworn in and then are, along with returning MPs, called to the Senate, where they are instructed to elect their speaker and return to

7742-563: The legislature. While her father, King George VI , had been the first Canadian monarch to grant royal assent in the legislature—doing so in 1939—Queen Elizabeth II was the first sovereign to deliver the speech from the throne . This event, in 1957, was the first time television cameras were allowed into the chambers of parliament, as the Canadian Broadcasting Corporation broadcast the speech nation-wide. The Canadian House of Commons and Senate last requested

7840-551: The maces of the House of Commons and Senate crossed behind. The budget for the Parliament of Canada for the 2010 fiscal year was $ 583,567,000. Following the cession of New France to the United Kingdom in the 1763 Treaty of Paris , Canada was governed according to the Royal Proclamation issued by King George III in that same year. To this was added the Quebec Act , by which the power to make ordinances

7938-413: The new one arrived from the United Kingdom in 1917, is still carried into the Senate each 3 February. The Senate's 1.6-metre-long mace comprises brass and gold. The Senate may not sit if its mace is not in the chamber; it typically sits on the table with the crown facing the throne, though it may, during certain ceremonies, be held by the mace bearer, standing adjacent to the governor general or monarch in

8036-574: The numbering returns again to C-2 following a prorogation ( Bill C-1 is a pro-forma bill). The Congress is renewed every two years as required by the US Constitution , with all members of the House of Representatives up for reelection and one-third of the members of the US Senate up for reelection. (Senators serve a six-year term; House members serve a two-year term). Each Congress sits in two sessions lasting approximately one year. Thus,

8134-569: The party membership rather than caucus, as is the case in the United Kingdom; John Robson of the National Post opined that Canada's parliament had become a body akin to the American Electoral College , "its sole and ceremonial role to confirm the executive in power." At the end of the 20th century and into the 21st, analysts—such as Jeffrey Simpson , Donald Savoie , and John Gomery —argued that both Parliament and

8232-477: The passage of the bill establishing the Goods and Services Tax , Prime Minister Brian Mulroney advised Queen Elizabeth II to appoint extra senators in 1990. This results in a temporary maximum number of senators of 113, which must through attrition return to its normal number of 105. The elected component of the Canadian Parliament is the House of Commons ( French : Chambre des communes ), with each member chosen by

8330-461: The prime minister, which may be preceded by a successful motion of no confidence . The timing of such dissolutions may be politically motivated. Both houses determine motions by voice vote ; the presiding officer puts the question and, after listening to shouts of "yea" and "nay" from the members, announces which side is victorious. This decision by the Speaker is final, unless a recorded vote

8428-431: The program and policy plans, as well as the projected expenditures, and the effectiveness of the implementation thereof, for the same departments; and the analysis of the performance of those departments. Most often, bills end up before a standing committee , which is a body of members or senators who specialize in a particular subject (such as foreign affairs ), and who may hear testimony from ministers and experts, debate

8526-436: The province the candidate seeks to represent. Senators served for life until 1965, when a constitutional amendment imposed a mandatory retirement age of 75. Senators may, however, resign their seats prior to that mark, and can lose their position should they fail to attend two consecutive sessions of Parliament. The principle underlying the Senate's composition is equality amongst Canada's geographic regions (called Divisions in

8624-494: The provinces of New Brunswick , Nova Scotia , and Canada—with the Province of Canada split into Quebec and Ontario —into a single federation called the Dominion of Canada . Though the form of the new federal legislature was again nearly identical to the Parliament of the United Kingdom, the decision to retain this model was made with heavy influence from the just-concluded American Civil War , which indicated to many Canadians

8722-486: The riding. The governor general also summons and calls together the House of Commons, and may prorogue or dissolve Parliament , in order to either end a parliamentary session or call a general election . The governor general also delivers the throne speech at the opening of each new Parliament (the monarch occasionally has done so, instead of the governor general, when visiting Canada). The current Parliament , summoned by Governor General Mary Simon in November 2021,

8820-481: The rules, including contempt of Parliament —disobedience of its authority; for example, giving false testimony before a parliamentary committee—and breaches of its own privileges. The Canadian Heraldic Authority , on 15 April 2008, granted the Parliament of Canada, as an institution, a heraldic achievement composed of symbols of the three elements of Parliament: the escutcheon of the Royal Arms of Canada with

8918-419: The scope of the federal Parliament's power. Thus, Parliament alone can pass laws relating to, among other things, the postal service, census, military , navigation and shipping, fishing, currency, banking, weights and measures, bankruptcy, copyrights, patents, First Nations , and naturalization . In some cases, however, the jurisdictions of the federal and provincial parliaments may be more vague. For instance,

9016-406: The speaker of the Senate, on behalf of the Crown, replies in acknowledgement after the sovereign or viceroy takes their seat on the throne. The speech is then read aloud. It can outline the program of the Cabinet for the upcoming legislative session, as well as other matters chosen by the speaker. A parliamentary session lasts until a prorogation, after which, without ceremony, both chambers of

9114-487: The term is not usually applied to senators (except in legislation, such as the Parliament of Canada Act ), even though the Senate is a part of Parliament. Though legislatively less powerful, senators take higher positions in the national order of precedence . No individual may serve in more than one chamber at the same time. The sovereign's place in the legislature, formally known as the King-in-Parliament ,

9212-422: Was common for the federal Parliament to have up to three sessions, with Parliament being prorogued at the end of each session and recalled at the beginning of the next. This was not always the case, for instance the 10th Parliament (1926–1928) went full term without prorogation. The practice of having multiple sessions in the same parliament gradually fell into disuse, and all parliaments from 1978 to 2013 had

9310-549: Was granted by the Statute of Westminster, 1931 , passed by the Parliament of the United Kingdom. Though the statute allowed the Parliament of Canada to repeal or amend previously British laws as they applied to Canada, it did not permit amendment to Canada's constitution, including the British North America Acts. Hence, whenever a constitutional amendment was sought by the Canadian Parliament, the enactment of

9408-517: Was granted to a governor-in-council , both the governor and council being appointed by the British monarch in Westminster, on the advice of his or her ministers there. In 1791, the Province of Quebec was divided into Upper and Lower Canada , each with an elected legislative assembly , an appointed legislative council , and a governor, mirroring the parliamentary structure in Britain. During

9506-554: Was in Montreal ; and, after a few years of alternating between Toronto and Quebec City , the legislature was finally moved to Ottawa in 1856, Queen Victoria having chosen that city as Canada's capital in 1857. The modern-day Parliament of Canada came into existence in 1867, in which year the Parliament of the United Kingdom of Great Britain and Ireland passed the British North America Act, 1867 , uniting

9604-629: Was provided by consultant attorneys. There were then three pieces of secondary legislation that collectively formed the "Sanctions Regime", under the SEMA: In 2022, Roman Abramovich had some of his assets seized under this Act. This article about Canadian law is a stub . You can help Misplaced Pages by expanding it . Parliament of Canada Later added some jurisdiction from: His Majesty's Loyal Opposition Parties with official status Parties without official status The Parliament of Canada ( French : Parlement du Canada )

#868131